Monday, October 14, 2019

Statutory Interpretation Module

Generally

"[A] statute draws its meaning from its text. And because we presume that the General Assembly meant what it said and said what it meant when it comes to the meaning of statutes, we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would. Important are the common and customary usages of the words, which, in cases like this one, include the usual and customary meaning of terms as used in a legal context. For context, we may look to other provisions of the same statute, the structure and history of the whole statute, and the other law— constitutional, statutory, and common law alike—that forms the legal background of the statutory provision in question." (Citations and punctuation omitted.) Fed. Deposit Ins. Corp. v. Loudermilk, 305 Ga. 558, 562 (1) (826 SE2d 116) (2019).

The Meaning of Words

In interpreting statutes,  “we look first to the text . . . [a]nd because we presume that the General Assembly meant what it said and said what it meant when it comes to the meaning of statutes,” we “must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.” See also FDIC v. Loudermilk, 305 Ga. 558, 562 (826 SE2d 116) (2019) (citations, quotations, and punctuation omitted); Heron Lake Apartments v. Lowndes County Board of Tax Assessors, s19a0975(2019).


Deriving Meaning From Context

"The phrase 'private property' is not defined in OCGA § 16-11- 127 (c), and the Code does not otherwise provide an applicable definition for that phrase. Thus, we must examine the meaning of those words in their broader context, including other legal authorities which may inform our understanding of the phrase’s meaning in this statute." See Georgiacarry.org, Inc. et al. v. Atlanta Botanical Garden, Inc., S18g1149 (Ga. 2019) (referencing Black's Law Dictionary (10th ed. 2014)).




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