What is CONSTRUCTION? Definition of CONSTRUCTION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
The process, or the art, of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning in the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter, or by seeking and applying the probable aim and purpose of the provision. Koy v. Schneider, 110 Tex. 369, 221 S.W. 880, 884.
As applied to statutes, constitutions, contracts, etc., the term necessarily presupposes doubt, obscurity, or ambiguity. Cohn-Hall-Marx Co. v. Vanosdall, 25 Ohio App. 360, 157 N.E. 908, 909.
Drawing conclusions respecting subjects that lie beyond the direct expression of the term. Lieber, Leg. & Pol. Herm. 20; Roberts v. Portland Water Dist., 124 Me. 63, 126 A. 162, 163.
This term is properly distinguished from interpretation, although the two are often used synonymously. In strictness, interpretation is limited to exploring the written text, while construction goes beyond and may call in the aid of extrinsic considerations, as above indicated.
The process of bringing together and correlating a number of independent entities, so as to form a definite entity. The Dredge A, D.C.N.C., 217 F. 617, 631.
The creation of something new, as distinguished from the repair or improvement of something already existing. Cabell v. City of Portland, 153 Or. 528, 57 P.2d 1292, 1297. The act of fitting an object for use or occupation in the usual way, and for some distinct purpose. Paterson N. & R. R. Co. v. City of Paterson, 81 N.J.Eq. 124, 86 68, 69. See Construct.
Construction, court of. A court of equity or of common law, as the case may be, is called the court of construction with regard to wills, as opposed to the court of probate, whose duty is to decide whether an instrument be a will at all. Now, the court of probate may decide that a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc. Wharton.
Equitable construction. A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule or remedy; that is, a liberal and extensive construction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91.
By "equity of a statute" is intended the rule of construction which admits within the operation of a statute a class of cases which are neither named nor excluded, but which, from their analogy to those that are named, are clearly and justly within the spirit and general meaning of the law; such cases are said to be "within the equity of the statute."
The modern doctrine is that to construe a statute liberally or according to its equity is nothing more than to give effect to it according to the intention of the lawmaker as indicated by its terms and purposes. Read v. Dingess, C. C.A.W.Va., 60 F. 21, 29, 8 C.C.A. 389.
Strict and liberal construction. Strict (or literal) construction is construction of a statute .or other instrument according to its letter, which recognizes nothing that is not expressed, takes the language used in its exact and technical meaning, and admits no equitable considerations or implications. Warner v. King, 267 Ill. 82, 107 N.E. 837, 839.
Liberal (or equitable) construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was designed to remedy, provided such an interpretation is not inconsistent with the language used; it resolves all reasonable doubts in favor of the applicability of the statute to the particular case. Black, Interp.Laws, 282; Causey v. Guilford County, 192 N.C. 298, 135 S.E. 40, 46. It means, not that the words should be forced out of their natural meaning, but simply that they should receive a fair and reasonable interpretation with respect to the objects and purposes of the instrument. Lawrence v. McCalmont, 2 How. 426, 11 L.Ed. 326.
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That's the definition of CONSTRUCTION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
