What are the canons of construction?
The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract.
How many canons of construction are there?
The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis – “of the same kinds, class, or nature,” (2) Expressio unius est exclusio alterius – “the express mention of one thing excludes all others,” (3) Noscitur a sociis – “a word is known by the company it keeps,”( …
What are the basic principles underlying construction and interpretation of Indian treaties?
The canons of treaty construction are that: i) ambiguous expressions must be resolved in favor of the Indian parties concerned, ii) Indian treaties must be interpreted as the Indian themselves would have understood them, and iii) Indian treaties must be liberally construed in favor of the Indians.
What are substantive canons of construction?
Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and presumptions about usage. The canons also include substantive canons that incorporate policy-based assumptions about legislative intent.
What are substantive canons?
On the one hand, courts have used substantive canons as truly discretion- constraining clear statement rules. These canons require a clear statement in the statute itself that a disfavored outcome should result and are justified by a nondelegation account of their role.
What is canon of statutory construction?
What is a PL 280 state?
The term “mandatory PL-280” refers to the six states which Congress mandatorily conferred Indian country criminal jurisdiction to: Alaska, California, Minnesota, Nebraska, Oregon and Wisconsin.
What is a principle of Indian law?
‘ The three basic guidelines for interpreting Indian law cases are that ambiguities in treaties must be resolved in favor of the Indians; Indian treaties must be interpreted as the Indians would have understood them; and Indian treaties, agreements, and laws must be construed liberally in favor of the Indians.
What is the Series qualifier canon?
One rule of grammar supporting Facebook’s interpretation, Sotomayor said, is the series-qualifier canon. The canon holds that when there is a parallel series of verbs or nouns followed by a modifier, the modifier normally applies to the whole series.
Does Icwa apply in tribal court?
The ICWA applies to state court proceedings, but does not apply to tribal court proceedings unless the tribal governing body has incorporated the provisions of the ICWA into tribal law.