The canons of construction refer to a set of principles or guidelines used by courts to interpret statutes or other legal documents. These canons help determine the meaning and intent of the language used in the document. They include principles such as the plain meaning rule, which requires courts to give words their ordinary and usual meaning, and the rule of lenity, which requires courts to interpret ambiguous criminal statutes in favor of the defendant. The canons of construction are used to resolve any ambiguities or uncertainties in the language of a legal document and ensure consistent and fair interpretation.
The Canons of Construction are a set of principles or guidelines used by courts to interpret statutes or written documents. They help determine the meaning and intent behind the language used.
There is no fixed number of Canons of Construction. Different jurisdictions may have their own set of canons, and they can vary depending on the context and purpose of interpretation.
The “Plain Meaning” Canon states that if the language of a statute or contract is clear and unambiguous, it should be given its ordinary and plain meaning. This canon assumes that the drafters intended the words to be understood in their usual sense.
The “Ejusdem Generis” Canon applies when a general term follows a list of specific terms. It states that the general term should be interpreted to include only things of the same kind or nature as the specific terms.
The “Noscitur a Sociis” Canon suggests that the meaning of a word or phrase should be determined by the context in which it is used. It states that words should be interpreted in light of the words surrounding them.
The “Liberality” Canon advises courts to interpret statutes or contracts in a way that promotes fairness and avoids harsh or absurd results. It encourages judges to consider the underlying purpose and policy behind the law.
The Canons of Construction are meant to aid in interpretation, but they cannot override clear and unambiguous language. If the plain language of a statute or contract is clear, it will generally prevail over any conflicting canons.
The Canons of Construction are not binding on courts, but they are persuasive authority. Judges often rely on these canons to guide their interpretation, but they have the discretion to deviate from them if they believe it is necessary to achieve a just result.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 7th April 2024.
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