What is the test for construction of words in a statute?

California, United States of America


The following excerpt is from People ex rel. San Francisco Bay Conservation etc. Com. v. Smith, 26 Cal.App.4th 113, 31 Cal.Rptr.2d 488 (Cal. App. 1994):

"To determine the intent of legislation, we first consult the words themselves, giving them their usual and ordinary meaning. [Citations.] When ' "statutory language is ... clear and unambiguous there is no need for construction, and courts should not indulge in it." ' [Citations.] The plain meaning of words in a statute may be disregarded only when that meaning is ' "repugnant to the general purview of the act," or for some other compelling reason....' [Citations.]" (DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593, 601, 7 Cal.Rptr.2d 238, 828 P.2d 140.)

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