Also known as: canons of construction · canon of statutory construction · canons of statutory construction · rule of construction · interpretive canon
Written by attorneys · grounded in primary & secondary sources — see below
A rule or principle used to interpret legal instruments such as statutes, contracts, and wills. These rules guide courts when language is ambiguous by directing attention to presumed intent, context, or policy considerations rather than creating substantive rights.
Charlotte Chung's will left her estate to her heirs at law after a life estate in her spouse. Under prior doctrine a court would have treated the language as creating a reversion in Charlotte. The probate court instead applies the abolition of the worthier title doctrine and directs the property to the designated heirs without presuming a reversion.
Cobalt Energy, an Australian bank, is sued in U.S. court over securities transactions that occurred entirely on foreign exchanges. The court presumes that Congress legislates only with respect to domestic matters and dismisses the claims for lack of extraterritorial reach.
Select any source to read its text and confirm it supports the definition.
Craig Caldwell challenges a federal statute requiring sex-offender registration on the ground that it improperly delegates legislative power to the Attorney General. The court examines whether Congress supplied an intelligible principle to guide the executive's discretion.
Crestview Holdings, a U.S. insurer, faces claims arising from reinsurance contracts negotiated and performed abroad. The court applies the presumption that legislation applies only within U.S. territorial jurisdiction and declines to extend the statute to the foreign conduct.
Connor Clark, an employee, sues his employer over workplace conditions. The employment contract contains a broad arbitration clause. The court construes the clause to cover only disputes arising from the employment contract itself and permits the statutory claim to proceed in court.
Copperfield Mining and its union disagree over the meaning of a collective-bargaining agreement. The court treats section 301 of the Labor Management Relations Act as a directive to fashion federal common law rules rather than to apply state contract law.
A canon supplies a presumption or tie-breaker for interpreting ambiguous language in legal instruments. It does not create or destroy rights but guides the court toward the meaning most consistent with presumed intent or policy.
The presumption applies unless Congress has clearly expressed an affirmative intention to give the statute extraterritorial effect. Courts use it to avoid unintended foreign applications of U.S. law.
The canon directs the court to select the reading that best advances the identified policy or presumed intent, such as protecting public interests or avoiding constitutional questions.
…people to keep and bear arms shall not be infringed. “The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit…