| 词汇 | Statutory Construction/Interpretation2 |
| 释义 | `1`Statutory Construction/Interpretation2 `2` "Legal Lexicon": The canon of construction, invoked frequently in cases in which the issue is whether to imply a private right of action, that courts must "presum[e] that a remedy was deliberately omitted from a statute . . . when Congress has enacted a comprehensive legislative scheme including an integrated system of procedures for enforcement." E.g., Northwest Airlines, 451 U.S. at 97; see also Karahalios v. National Fed'n of Federal Employees, 489 U.S. 527, 533 (1989) ("It is an `elemental canon' of statutory interpretation that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies. Transamerica Mortgage Advisers, Inc. v. Lewis, 444 U.S. 11, 19 (1979). In such cases, `[i]n the absence of strong indicia of contrary congressional intent, we are compelled to conclude that Congress provided precisely the remedies it considered appropriate.'" (quoting Middlesex County Sewerage Auth. v. National Sea Clammers Ass'n, 453 U.S. 1, 15 (1981))). In the cases in which the canon traditionally has been applied, the question has been whether the statute at issue permits an implied private right of action. The canon serves to ensure that courts do not upset a "comprehensive legislative scheme" by creating additional "procedures for enforcement" that Congress did not intend. Northwest Airlines, 451 U.S. at 97. "When Congress includes a specific term in one section of a statute but omits it in another section of the same Act, it should not be implied where it is excluded." Arizona Elec. Power Co-op. v. United States, 816 F.2d 1366, 1375 (9th Cir. 1987); see also West Coast Truck Lines, Inc. v. Arcata Community Recycling Ctr., 846 F.2d 1239, 1244 (9th Cir. 1988), cert. denied, 488 U.S. 856 (1988). Every question of statutory interpretation starts with the language of the statute. "The primary indication of [Congress'] intent is the language of the statute." United States v. Aguilar, 21 F.3d 1475, 1480 (9th Cir. 1994), aff'd in part, rev'd in part on other grounds, 115 S.Ct. 2357 (1995). Two well-established canons of statutory interpretation:. First, courts must ascertain the intent of the Legislature to effectuate the purpose of the law (DuBois v. Workers' Comp. Appeals Bd. (1993) 5 Cal.4th 382, 387); Second, they must adopt an interpretation that avoids an absurd result the Legislature did not intend. (Bruce v. Gregory (1967) 65 Cal.2d 666, 673.) When Congress enumerates an exception or exceptions to a rule, we can infer that no other exceptions apply. Koniag v. Koncor Forest Resource, 39 F.3d 991, 998 (9th Cir. 1994); Horner v. Adnrzjewski, 811 F.2d 571, 574-75 (Fed. Cir.), cert. denied, 484 U.S. 912 (1987); 2A Norman J. Singer, Sutherland Statutes and Statutory Construction S 47.23 (5th Ed. 1992). When Congress includes limiting language in an earlier version of a bill, but deletes it prior to enactment, we presume that the limitation was not intended. Russello v. United States, 464 U.S. 16, 23-24 (1983). When Congress does not direct whether a rule should be uniform, the courts determine if a uniform federal rule is appropriate based on the three-part test set out in United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979). "Under that test, a court must determine . . . (1) whether the issue requires `a nationally uniform body of law,'; (2) `whether application of state law would frustrate specific objectives of the federal program'; and (3) whether `application of a federal rule would disrupt commercial relationships predicated on state law.'" Mardan, 804 F.2d at 1458 (quoting Kimbell Foods, 440 U.S. at 728-29). Prohibition against construing statutes so as to render any of their provisions superfluous. See Boise Cascade Corp. v. EPA, 942 F.2d 1427, 1432 (9th Cir. 1991). Go to Statutory Construction/Interpretation3 |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。