My question relates to legal practice in the state of: usa
Hey folks, happy turkey day.
Couple of quick questions for you.
1. Does a statutory definition supersede or enlarge a common definition. If it can do both, how would we know which one is taking place( enlargement or supersede's)?
2. If includes/including is used, and a class of words is used after, while includes can enlarge it can only enlarge the same class that was described.
Example: the term animal includes, pig,horse,cow
Class being farm animals, so while includes could enlarge, it could only do so in the farm animal class. Meaning for this title, animal in no way could mean tiger or lion.
3. Are circular definitions allowable in law or would they create statutory presumptions?
No real reason, just trying to understand law a little better.
Thanks in advance folks.
Hey folks, happy turkey day.
Couple of quick questions for you.
1. Does a statutory definition supersede or enlarge a common definition. If it can do both, how would we know which one is taking place( enlargement or supersede's)?
2. If includes/including is used, and a class of words is used after, while includes can enlarge it can only enlarge the same class that was described.
Example: the term animal includes, pig,horse,cow
Class being farm animals, so while includes could enlarge, it could only do so in the farm animal class. Meaning for this title, animal in no way could mean tiger or lion.
3. Are circular definitions allowable in law or would they create statutory presumptions?
No real reason, just trying to understand law a little better.
Thanks in advance folks.
Statutory Construction
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