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Statutory interpretation

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Definition Edit

"The purpose of statutory interpretation is to determine what a statute means in order to give the statute its full, proper, and intended effect."[1]

Overview Edit

A question of a statutory interpretation is reviewed de novo by an appellate court.[2]

We begin with the statute's language because we assume that the legislature's intent is expressed in the words it used. Generally, language is given its common, ordinary, and accepted meaning. If the meaning is plain, we ordinarily stop the inquiry. However, if a statute is ambiguous, we examine extrinsic sources, such as legislative history, to ascertain the legislative intent.[3]

"If our statutory interpretation analysis reveals ambiguity because we are presented with competing reasonable interpretations, it is our task to choose the more reasonable interpretation."[4]

References Edit

  1. Orion Flight Services, Inc. v. Basler Flight Serv., 2006 WI 51, 290 Wis. 2d 421, 434, 714 N.W.2d 130, 136 (2006) (citation omitted).
  2. Id. (citations omitted.)
  3. Id. (citations omitted.)
  4. Habush v. Cannon, 2013 WL 627251 (Wis. Ct. App. Feb. 21, 2013).

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