Ch. 3 Flashcards

1
Q

3 principles to aid the construction of statues

A
  1. Read the statue literally
  2. Read it in context
  3. Read it in accordance with its intention
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2
Q

3 rules of interpretation

A

Plain meaning rule
Golden rule
Rule in heydons case

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3
Q

Define Plain meaning rule

A

Read statue literally

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4
Q

Define golden rule

A

Read statue in context

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5
Q

Define rule in heydons

A

Read statue in accordance with its intentions

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6
Q

Grammatical principles of construction

A
  1. Expressio units est exclusion alterius
  2. Ejusdem generis
  3. Noscitur a sociis
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7
Q

How do courts treat ambiguous contracts?

A
  • Common usage
  • Parol evidence
  • Industry usage
  • prior dealings
  • reasonableness
  • implied meanings
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