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Statutes & Common Law

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  • Legalbear
    In construing a statute, it is our primary purpose to ascertain and give effect to the intent of the legislature.
    Message 1 of 2 , Sep 4, 2013
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      In construing a statute, it is our primary purpose to ascertain and give effect to the intent of the legislature. Charnes v. Boom, 766 P.2d 665, 667 (Colo.1988). To that end, we look first to the language of the statute itself. People v. Dist. Court, 713 P.2d 918 (Colo.1986). Words and phrases are given effect according to their plain and ordinary meaning. Id. This plain meaning rule informs our principle that a statute may not be construed to abrogate the common law unless such abrogation was clearly the intent of the general assembly. Preston v. Dupont, 35 P.3d 433, 440 (Colo.2001), Robinson v. Kerr, 144 Colo. 48, 52, 355 P.2d 117, 119-20 (1960). Absent such clear intent, statutes must be deemed subject to the common law. 388*388 Bradley v. People, 8 Colo. 599, 604, 9 P. 783, 786 (1886). Finally, statutes in derogation of the common law must be strictly construed in favor of the person against whom the provisions are intended to apply. Preston, 35 P.3d at 440. Robbins v. People, 107 P.3d 384, 387-8 - Colo: Supreme Court 2005

       

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    • originalfrogfrmr
      In my biggest drivers license case, where I filed paper over an inch and a half thick (never again!!) and I informwed everyone of the below facts, and where I
      Message 2 of 2 , Sep 6, 2013
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        In my biggest drivers license case, where I filed paper over an inch and a
        half thick (never again!!) and I informwed everyone of the below facts,
        and where I took advantage of the ramifications, nobody opposed me or
        disagreed with me on that issue. In only the last two weeks I've had a
        new realization of the power of exact language and using the right words
        to achieve the right outcome of the desired communication. It pays to pay
        attention to the words we emit.


        > This plain meaning rule informs our principle
        > that a statute may not be construed to abrogate the common
        > law unless such abrogation was clearly the intent of the
        > general assembly.
        > <http://scholar.google.com/scholar_case?case=132341027258560
        > 28500&q=%22common+law+defenses%22&hl=en&as_sdt=4,6> Preston
        > v. Dupont, 35 P.3d 433, 440 (Colo.2001),
        > <http://scholar.google.com/scholar_case?case=122637631263568
        > 14167&q=%22common+law+defenses%22&hl=en&as_sdt=4,6> Robinson
        > v. Kerr, 144 Colo. 48, 52, 355 P.2d 117, 119-20 (1960).
        > Absent such clear intent, statutes must be deemed subject to
        > the common law. 388*388
        > <http://scholar.google.com/scholar_case?about=41446299336118
        > 15182&q=%22common+law+defenses%22&hl=en&as_sdt=4,6> Bradley
        > v. People, 8 Colo. 599, 604, 9 P. 783, 786 (1886). Finally,
        > statutes in derogation of the common law must be strictly
        > construed in favor of the person against whom the provisions
        > are intended to apply.
        > <http://scholar.google.com/scholar_case?case=132341027258560
        > 28500&q=%22common+law+defenses%22&hl=en&as_sdt=4,6> Preston,
        > 35 P.3d at 440. Robbins v. People
        > <http://scholar.google.com/scholar_case?case=148425387840337
        > 81687&q=%22common+law+defenses%22&hl=en&as_sdt=4,6> , 107
        > P.3d 384, 387-8 - Colo: Supreme Court 2005
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