The Exam - Statutory Construction
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1. Distinguish intrinsic from extrinsic aids in statutory construction. (4pts)
2. Distinguish Statutory Construction from Judicial Legislation. (4pts)
3. Distinguish the constitution and the statute. (4pts)
4. Distinguish Enrolled Bill Theory from Journal Entry Rule. (4pts)
5. Distinguish repeal from amendment. (4pts)
II.
1. What is Statutory Construction? (6pts)
2. When should courts resort to statutory construction? (2pts)
3. Why should there be a need for statutory construction? (2pts)
III.
Explain the following principles (3pts each):
1. Rule of Lenity
2. Stare Decisis
3. Verba Legis
4. Expressium facit cessare tacitum
5. Plain Meaning Rule
IV.
Define and explain the following Latin maxims (3pts each):
1. Ubi lex non distinguit nec nos distinguire debemus
2. Noscitur a sociis
3. Leges posteriores priores contrarias abrogant
4. Expressio unius est exclusio alterius
5. Dura lex sed lex
V.
Bonus: (40pts) – My Christmas Gifts to you.
Why should you pass this subject?
-- Nothing follows --
I. 1. Intrinsic aids means the elements found within itself, while
extrinsic aids are facts and matters that are not found in law.
Extrinisic aids can be resorted to only after the intrinsic aids have
been used and exhausted.
2. Statutory Construction is a process of interpreting and delivering
the intent or meaning of the statute or the law, an art of
discovering and expounding the meaning and intention of the
authors of the law. While Judicial legislation occurs when a court
goes beyond in interpretting the law creating or modifying the
existing law. However, in our country it is prohibited that the court
cannot rewrite the loaw and invade the domain of the legislature.
3.Constitution is the fundemental and supreme law of the land it
establish the principles of the government. It provides limitations of
the governmental entities and includes the rights of every individual
under the state that has the constitution. While Statute is a law
created by the legislature for a certain issue or to regulate or modify
legal rules within the framework set by the supreme law or the
Constitution.
4. Enrolled bill theory is a a bill that has been approved by the
Senate and House of representatives and that was signed and
approved by the President. While Journal entry is the minutes or the
record of the proceedings of the legislative it has the process or
chronological in order of the proceedings that happened in the
legislative body.
5.Repeal is the abolishment of a certain law, it is no longer
effective and its legal force has been nullified while Amendment is a
process or modifying the existing law while keeping the law intact in it
self.
II. 1. Statutory Construction is an art or process of discovering and
expounding the meaning and intentention of the legislature of the
law. A process of interpreting the meaning of a statute or law.
2. Courts resort to statutory construction when there is ambiguity
of a certain word in the law that is not clear to the court, they result
to Statutory construction to expound and to give the real intent of
the maker of the law and apply it to the certain case.
3. Statutory Construction is needed if there is a certain case that
mis-interpret the delivery of a certain statute or a law. That is not clear for
them. Statutory Consturction helps in defining the intention or the real
meaning of the law.
III. 1. It is in a criminal statute that has ambiguity or uncertainty and
the courts interpretation should favor the defendant or be in favor
of the more tolerant punishment.
2. stare decisis is a legal doctrine that the requires the courts to
follow previous cases when making a ruling on a similar or same
case and applies it to the new case.
3. Verba legis states that if a law is clear or free from ambiguity it
should be given the literal meaning of the law and applied it without any
interpretation.
4. It means that the express mention of one thing exludes all
others. It is presumed that the makers intended to exclude anything that is
not mentioned in the law.
5. It states that the ordinary meaning of the language that is used
in the statute should be followed when interpreting the statute. If a law is
clear and unambiguous, courts should apply and follow what is written in
the statute.
IV. 1. It means when the law does not distinguish, we should not
distinguish. It means that if the law does not make exceptions, the
court or the application should not introduce ant distinctions that is
not within the law.
2. Known by its associates, This means that the interpretation of
the court should considered the context of the other words used in
associating with it to understand the meaning of the umbiguous
word.
3. Later laws repeal earlier conflicting laws, When there is a
conflict between two laws the more recent law should prevail over
the other.
4. Expression mention of one implies the exclusion of the others
that is not mentioned.
5.Dura lex sed lex “ The law is harsh but that is the law” It means
that the law is strict or harsh but it must be followed and enforced because
that is the law that everyoune is expected to comply regardless the
personal opinions. It is for the fairness of everyone.
V. Statutory Construction class is a very interesting class, it implies to
me that the law is not just a law that is written in the book, that the
law must be interpreted in a way that it should be the real intent of
the legislature, law has many ambiguous words that need and
seek the help of Statutory construction, by this subject it helps me
develop the need on seeking intrinsic and extrinsic application to
make the law clear and applies it to the certain case. I should pass
this subject to move forward and to learn more about the certain
issues about law. This subject helps me to understand more about
law, it helps me also to adjust myself in the field of law school and
to understand law from other subjects and implies it to my
understanding. I did my best in studying and understanding this
subject. The Subject professor is strict, but helps a lot in
understanding the subject. Pressure in class will really imply a lot
of learning in the mind of one individual.
