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Dorsaneo, Texas Litigation Guide
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-4 Dorsaneo, Texas Litigation Guide 4.syn


Title

Statutory Construction

Author

Professor William V. Dorsaneo III

Chapter Summary


ABSTRACT TEXT:

This chapter from Dorsaneo, Texas Litigation Guide, reviews the process of judicial construction of Texas statutes and codes. It includes a discussion of when statutory construction is necessary and appropriate, plus a detailed examination of the rules controlling the determination of a particular statute's intended effect. The chapter explains the rules used in examining statutory language. It also discusses special considerations regarding time determinations, severability, and the effect of the repeal of a statute.

The chapter details the legal tools used in statutory construction, including the determination of legislative intent, the effect of presumptions, and the special factors considered when analyzing penal statutes. It further analyzes the effect of various extrinsic factors, such as prior judicial interpretations and a statute's legislative history.

The chapter also includes a procedural guide that provides an analytical framework for applying the rules of construction to the statute being considered. In addition, it includes a forms section, which illustrates the way in which those rules may be used in the litigation context. It provides a research guide with links to related constitutional and statutory provisions, case law, and law reviews and periodicals.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entity, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.

CORE TERMS:

Texas,trial,constitution,judicial interpretation,legislative history,legislative intent,presumptions,statute,statutory construction,statutory interpretation

RELATED CHAPTERS: (View)

See Chapter 1 for information on the commencement of a civil action in Texas courts.

See Chapter 2 for information regarding the statutes and rules governing subject matter jurisdiction among Texas trial courts.

See Chapter 3 for information on the codes and rules governing a lawyer's conduct.

OTHER RELATED PUBLICATIONS:

See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.

See Employee Benefits Guide (Matthew Bender) for detailed analysis of statutes, regulations, case law, and opinion letters related to employee benefits, including coverage of ERISA, COBRA, qualified and nonqualified employee pension plans, deferred compensation arrangements, and cafeteria plans.

See Texas Personal Injury Handbook (Matthew Bender) for a thorough, up-to-date guide providing information on personal injury claims, insurance policies and endorsements, Texas Code provisions, and a glossary of medical terms.
 
 
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