LegalFix

1-14 Words have usual meaning.

HI Rev Stat § 1-14 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

§1-14 Words have usual meaning. The words of a law are generally to be understood in their most known and usual signification, without attending so much to the literal and strictly grammatical construction of the words as to their general or popular use or meaning. [CC 1859, §9; RL 1925, §9; RL 1935, §10; RL 1945, §9; RL 1955, §1-17; HRS §1-14]

Attorney General Opinions

Cited in construing "child". Att. Gen. Op. 93-1.

Case Notes

Where statute does not refer to renewal of a license and treats all licenses as similar whether first or subsequent, circumstance that in popular mind there is a difference not sufficient to alter plain meaning. 12 H. 303, 306.

Where words are defined in statute express declaration of meaning governs. 15 H. 29, 34; 33 H. 371, 374; 36 H. 170, 178; 37 H. 314, 319, aff'd 174 F.2d 21; 37 H. 374, reh'g denied. 37 H. 380; 38 H. 16, 28; 49 H. 426, 421 P.2d 294; 4 U.S.D.C. Haw. 664, 667.

Presumption is that words used in usual sense. 25 H. 669, 686; 31 H. 625, 629, aff'd 52 F.2d 411; 41 H. 156, 159; 43 H. 154, 160; 44 H. 519, 530, 356 P.2d 1028; 46 H. 375, 399, 381 P.2d 687. Other cases where usual sense given or statute cited: 3 H. 793; 5 H. 321; 8 H. 259; 25 H. 747, 754; 39 H. 100, 109. But most known and usual sense may be repelled by the context, 25 H. 669, 686; 34 H. 269, 272, reh'g denied. 34 H. 324, aff'd 105 F.2d 286; or where would lead to absurdity or inconsistency, 43 H. 154, 157; 44 H. 220, 227, 352 P.2d 846. Compare where strict construction called for. 22 H. 618, 625; 38 H. 421, 426; 44 H. 59, 67, 352 P.2d 335; 45 H. 167, 177, 363 P.2d 990.

Modern meaning given, as distinguished from ancient restricted meaning. 34 H. 245. Commonly accepted meaning, as distinguished from fine distinctions of law of future interests. 46 H. 375, 381 P.2d 687.

More natural interpretation may be rejected where would lead to unconstitutionality. 36 H. 170, 182; 40 H. 257, 259.

While common meaning is general rule, where statute involves a trade presumption is that words have trade meaning. 45 H. 167, 177, 363 P.2d 990.

There must be substantial justification for disregarding generally accepted meaning, but court must look to evils which provision expected to cure. 50 H. 212, 437 P.2d 99.

Words of any statute, usually read in their ordinary and popular sense. 52 H. 279, 474 P.2d 538.

Usual meaning should be rejected if it results in absurdity. 55 H. 55, 515 P.2d 621.

Statute may be construed contrary to literal meaning where literal meaning results in absurdity and the words are susceptible of another construction carrying out the manifest intent. 57 H. 84, 549 P.2d 737.

Whatever is necessarily or plainly implied is as much a part of the statute as that which is expressed. 58 H. 53, 564 P.2d 436.

Courts are bound to give effect to all parts of a statute if such a construction can legitimately be found. 60 H. 487, 591 P.2d 607.

Cited in construing "accident". 1 H. App. 625, 623 P.2d 1271.

Cited in construing "decision". 131 H. 513, 319 P.3d 432 (2014).

Mentioned: 9 H. App. 325, 839 P.2d 530.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
1-14 Words have usual meaning.