A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. The courts have taken a view that where the expression “shall” has been used it would not necessarily mean that it is mandatory. Names commonly used 49. 10. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Shall We Dance--Steps for Legislators and Judges in Statutory Interpretation Shirley S. Abrahamson Robert L. Hughes Follow this and additional works at:https://scholarship.law.umn.edu/mlr Part of theLaw Commons This Article is brought to you for free and open access by the University of Minnesota Law School. 4.1 The need for statutory interpretation The meaning of law in a statute should be clear and explicit, but this is not always achieved. 2. 10 Construction of amending Acts and instruments Principles of Statutory Interpretation Emily Wendel Legislative Service Commission Emily Wendel has served as an attorney with the Legislative Service Commission since 2011. 1990, c. I.11, s. 3. How To Transfer A Used Two Wheeler in Maharashtra. Statutory Interpretation and Construction ... Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance. Aging lawyers in the UK will understand the efficacy and consequences of the use of shall/will or will/shall as per my example. Thanks for the collections and labour. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. Statutory interpretation is a question of law of subject to de novo review Hilton v. State, ... • “Shall” v. “May” • “Or” may be ... Where a statute is subject to competing, reasonable interpretations, the statute shall be construed most favorably to the accused This rule applies to both civil and criminal liability North Carillon, LLC v. CRC 603, LLC, 135 So. 2. v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. The meaning and effectiveness of a statute is only apparent when judges have interpreted it. 1.01 Revised Code - citation and designation - General Code. Commencement. ¶32 … The word “may” is ordinarily used to grant permission or to indicate possibility. If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas if by holding it mandatory serious general inconvenience will be created to innocent persons of general public without much furthering the object of enactment, the same should be construed as directory but all the same, it would not mean that the language used would be ignored altogether. Reference to series of provisions 48. In the present case we do not see any reason why the word “may‟ in Section 55, should be read as “must‟ or “shall‟. It will always depend upon the facts of a given case, the conjunctive reading of the relevant provisions along with other provisions of the Rules, the purpose sought to be achieved and the object behind implementation of such a provision. Application to this Act. This word, however, always signifies a conferment of power. Aide-de-Camp. Statutory duties are by no means always imposed by mandatory language with words such as ‘shall’ or ‘must’. 9:45 State v. Tavodess Matthews, 2018AP2142, February 23 The traditional avoidance canon required the court to choose a different interpretation only when one interpretation … I think your acquaintance is confused with the positive forms of the verb. A power is exercised even when the court rejects an application to exercise it in the particular way in which the applicant desires it to be exercised. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Definitions . After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. (used to express opportunity or permission): Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. In the US, this canon has grown stronger in recent history. Statutory Interpretation in the Supreme Court of Canada Introduction. The task of interpretation may vary in difficulty. 3. Time 41. Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. When the words “may” and “shall” are used in the same statutory section, we “can infer that the legislature was aware of the different denotations and intended the words to have their precise meanings.” Karow, 82 Wis. 2d at 571. 9:45 State v. Jan VanBeek, 2019AP447-CR, February 25 That power may, having regard to the context in which it occurs, and the requirements contemplated for its exercise, have annexed to it an obligation which compels its exercise in a certain way on facts and circumstances from which the obligation to exercise it in that way arises. "Shall" in law generally imposes a non-discretionary duty, whereas "may" implies a discretionary duty (see that same section). 5. 9:45 State v. Mitchell Christen, 2018AP669-CR, February 22 or in statutory interpretation of a statute as the golden rule take the two or a process. ): Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." While one confers a discretionary power, the latter one pelts out mandatory directions. Legislation should always strive to be drafted with precision and clarity; for after all, there may be … F.A.R. Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt v. Dep’t. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. If (1) … Interpretation 4. She works primarily in the areas of elections, ethics, and constitutional issues as part of the State and Local Government division of LSC’s research staff. Statutory duty may be either directory or mandatory. The OSHA Standards is a Statutory Document, and the first set of regulations which … The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. “Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. These regulations and standards have various degrees of authority depending on whether they are statutory, consensus, or 3 rd party documents. 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