If a statute is ambiguous, the court, in determining the intention of the legislation, may consider among other matters:

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Terms Used In North Dakota Code 1-02-39

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Statute: A law passed by a legislature.

1.    The object sought to be attained.

2.    The circumstances under which the statute was enacted.

3.    The legislative history.

4.    The common law or former statutory provisions, including laws upon the same or similar subjects.

5.    The consequences of a particular construction.

6.    The administrative construction of the statute.

7.    The preamble.