GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION – General Principles
Single Topic for Decision 0857E
Full Decision Text (click on the link to view): Full Text
1407.01000 – General Principles
* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1999, ch. 828 (A.B. 631), § 5.5. * * *
The fundamental rule is for a court to ascertain the intent of the Legislature so as to effectuate the purpose of the law. Where no ambiguity exists, the intent of the Legislature is to be gleaned from the words of the statute itself, according to the usual and ordinary import of the language. An administrative agency may not alter or amend a statute or enlarge its scope where a statute enumerates things upon which it is to operate, it is to be construed as excluding from its effect, all those not expressly mentioned. The function of the word "or" is to mark an alternative such as "either this or that." Every word in a statute is intended and a construction making some words surplusage is to be avoided.