What are some Principles of Statutory Construction? III


Our primary task in construing a statute is to give effect to the intent of the General Assembly. People v. District Court, 713 P.2d 918, 921 (Colo. 1986). In this case, it is necessary to determine whether the General Assembly intended to abrogate all common law rights of action not specifically set forth in the [...]

March 6th, 2009 by admin 

When Does a Statute Create a Private Right of Action?


The lesson of Quintano is that before a private civil liability remedy will be recognized for injuries resulting from a breach of obligations legislatively imposed on a governmental entity and unknown at common law, a clear expression of legislative intent must be found. See Bittle v. Brunetti, 750 P.2d 49, 57 58 (1988) (discussing Quintano). [...]

March 6th, 2009 by admin 
« Newer PostsOlder Posts »