![]() ![]() Go to Get paid & pay, then Bills ( Take me there).Sign in to your QuickBooks Online account.But if the list starts with a phrase like "at a minimum" or "including" or "such as" or ends with a general catch-all term, the court will probably interpret the list as illustrating the types of things the statute applies to and not as an exclusive list.To watch more how-to videos, visit our video section. When a statute includes a list of specific items, that list is presumed to be exclusive the statute applies only to the listed items and not to others. Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"). ![]() But the court may require a person to license his or her e-bike. For example, if a statute says that "cars, motorcycles, scooters, and other motorized vehicles must be licensed", the court probably will not require boats, trains, or planes to be licensed. If the statute lists certain things and the list ends with a general statement to include other things (a "catch-all"), the court will assume that the general statement only includes things that are similar to the items listed. Ejusdim generis ("of the same kind, class, or nature").If a statute is ambiguous, the court may apply this canon and look to the rest of the statute, or the surrounding statutes, to determine the meaning of the ambiguous statute. In pari materia ("upon the same matter or subject").When interpreting an ambiguous statute, there are several canons that a court may apply: But, if the general statute was enacted more recently and it appears that the General Assembly intended the general statute to apply, the court will apply the more general statute. If there's a conflict between two statutory provisions - one of them a general statement and the other a specific statement - the court will apply the more specific statement as an exception to the general statement. The specific controls over the general.If both provisions took effect on the same date, then the court will apply the one that the Governor signed last. If there's a conflict between two statutory provisions and one of the provisions took effect July 1, 2013, and the other took effect July 1, 2014, the court will apply the one that took effect in 2014. The statute that most recently took effect ("later in time") controls.However, a conflict may exist if one statute allows what another prohibits or prohibits what another allows. ![]() To the extent possible, statutes should be harmonized and not read as creating a conflict. In some circumstances, the General Assembly can specify that a bill should apply to events that occurred before the bill passed, in which case the presumption does not apply. Statutes are presumed to apply prospectively, that is, to events that occur after the statute takes effect. The court is bound to give consistent, harmonious, and sensible effect to all of the parts of a statute, to the extent possible. Statutes are to be read as a whole, in context, and, if possible, the court is to give effect to every word of the statute. The party in a lawsuit that is claiming that a law is unconstitutional has the burden of proving unconstitutionality beyond a reasonable doubt. If a statute can be interpreted two ways - one of which is constitutional and the other unconstitutional - the court will choose the constitutional interpretation. Statutes are presumed to be constitutional. Legislative history may include the bill file, if released by the bill sponsor, and the recorded debates and comments concerning the bill that were made in committee hearings and on second and third reading. If a statute is ambiguous, the court will consider the legislative history of the statute to try to discern the legislature's intent in enacting the statute. But, if applying the plain language leads to an absurd result or a result that is contrary to the obvious intent of the General Assembly, or if the language is ambiguous, then the court will apply rules of statutory interpretation to construe the statute. If the language is clear and unambiguous, the court will not look to rules of construction or to legislative history it will simply apply the language. The court is bound to apply the plain language of a statute to accomplish the intent of the General Assembly. Following are some of the guides that the courts most often use. ![]() The statutes and common law provide several rules that guide the courts when they interpret a statute. There are several instances when a court must interpret and apply a statutory provision. ![]()
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