What is the test for determining the literal meaning of a statute?

California, United States of America


The following excerpt is from Lakin v. Watkins Associated Industries, 25 Cal.Rptr.2d 109, 6 Cal.4th 644, 863 P.2d 179 (Cal. 1993):

Our inquiry, however, does not end here. We are not prohibited "from determining whether the literal meaning of a statute comports with its [6 Cal.4th 659] purpose of whether such a construction of one provision is consistent with other provisions of the statute. The meaning of a statute may not be determined from a single word or sentence; the words must be construed in context, and provisions relating to the same subject matter must be harmonized to the extent possible. [Citation.] Literal construction should not prevail if it is contrary to the legislative intent apparent in the statute.... [Citations.] An interpretation that renders related provisions nugatory must be avoided [citation]; each sentence must be read not in isolation but in the light of the statutory scheme [citation]...." (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735, 248 Cal.Rptr. 115, 755 P.2d 299.)

Other Questions


If a statutory language does not yield a plain meaning, and the legislative history of the legislation is not to be considered in determining the meaning of the statute, can a court rely on the statute itself? (California, United States of America)
What is the test for determining the meaning of "the meaning of the statute" in law? (California, United States of America)
What is the "plain meaning" meaning of a statute? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the test for determining the meaning of a statute? (California, United States of America)
What is the test for determining the meaning of a statute? (California, United States of America)
What is the test for determining the meaning of a statute? (California, United States of America)
What is the test for determining the meaning of a statute? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.