BUS-294 Lecture Notes - Lecture 9: Alternative Dispute Resolution, Golden Rule, Statutory Interpretation
20 Jun 2020
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Statutory interpretation occurs when all forms of alternative dispute resolution (adr) have been exhausted and a case progresses to court. An older statute is more likely to have cases ruled upon before and precedent set. A newer statute is less likely to have been interpreted and precedents set. Courts can read the entire statute to understand (interpret) the meaning in order to make application to the case. Courts can refer to the long and the short title but not the marginal notes. The long title may give clearer indication of intention of the statute. The court can also read previous statutes and look at the relationship between two statues to attempt to understand the intended meaning of the law. They may also compare an amendment to a previous statute to better understand why a change was made and how better to apply current law. The basic rule for courts is that words should be interpreted in their ordinary meaning.
