Ch. 3 Flashcards
1
Q
3 principles to aid the construction of statues
A
- Read the statue literally
- Read it in context
- Read it in accordance with its intention
2
Q
3 rules of interpretation
A
Plain meaning rule
Golden rule
Rule in heydons case
3
Q
Define Plain meaning rule
A
Read statue literally
4
Q
Define golden rule
A
Read statue in context
5
Q
Define rule in heydons
A
Read statue in accordance with its intentions
6
Q
Grammatical principles of construction
A
- Expressio units est exclusion alterius
- Ejusdem generis
- Noscitur a sociis
7
Q
How do courts treat ambiguous contracts?
A
- Common usage
- Parol evidence
- Industry usage
- prior dealings
- reasonableness
- implied meanings