Monthly Archives: March 2010

A Matter of Interpretation

By Daniel J. Hassing[0]

Statutory interpretation is a matter that courts wrestle with on a daily basis.  In some cases, it is easy and the text of the statute leads to a clear answer when applied to the facts of a case.  In other cases, courts are left wondering what legislatures intended when they drafted the law.  Over the years, appellate courts have developed rules to aid in their determination of legislative intent.  Like other rules of law, these rules bind lower courts.  But like the legislature, appellate courts are not always clear about the rules they are creating, and lower courts are sometimes left struggling with the application of the court’s ruling.

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