module 3 Flashcards
Verba legis non est recedendum
from the words of a statute there should be no departure
Ratio legis est anima
The reason for the law is its soul/Legislative intent is the vital part and essence of the law
UT magis vbaleat quam perat
Construction includes every word
The whole rule
Presumption of consistent usage
Relevant canons
The whole rule Presumption of consistent usage Rule to avoid surplusage Assosciate words canon
Ejusdem generis canon
Related statutes canon Supremacy of text principle Presumption against ineffectiveness
Textualism
Rely on ordinary meaning o words in statute
Intentionaism
Focuse on the meaning that the legislature intended
Pragmatism
Reject notion of fixed or meaning
Law of the case
Procedural rule governing an appellate courts decision on a question of law
Res judicata
All cases must end, Describes a prior court adjudication’s effect upon a later arising
litigation.
(1) the judgment sought to bar the new action must be final; (2) the decision must have been rendered by a court having jurisdiction over the subject matter and the parties; (3) the disposition of the case must be a judgment on the merits; and (4) there must be as between the first and second action,
Stare dececis in action
Soul of commo law, previous statutes recognized
Landmark case
Unprecedented case
Leading case and abandonment of doctrine
Change of doctrine
Dura lex Sed Lex
Civil law justices restrict to code
Common law, judicial advocates
RA 10951
An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is based
Doctrine of Last Antecedent
what is being referred to unless it is otherwise provided → should refer to the publication date
Primary objective of statutory construction
to ascertain and give effect to the intention of the legislature
Index animi sermo-
speech is the index of intention Presumption that the words used by congress correctly express its intention, precluding the court from construing it differently
Test of multiple interpretations
capable of two or more reasonable interpretations,
Test of Impossibility -
literal application is impossible or inadequate
Test of Absurdity or
Unreasonableness
literal interpretation leads to unjust, absurd, unreasonable or mischievous result, or one at variance with the policy of the law as a whole
Tests
Test of Absurdity or
Unreasonableness
Test of Impossibility -
Test of multiple interpretations
Judicial Function
The duty and ultimate power to construe the laws is vested in the judicial department
Insignificant side remarks of a judge/case. Judicial comments unnecessary to a case
Obiter Dicta
