Legal Memorandum: Interpreting General Assembly statues

Issue: Under Illinois law, are courts held to a literal interpretation of statutes enacted by the General Assembly?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Statue; Genderal Assembly; Intent; Literal; Interpret; Result
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

"A literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly set forth, and a literal interpretation of a particular clause would defeat the obvious intent [citation]; or where a literal interpretation would lead to an absurd result [citation]." Grever v. Board of Trustees of the Illinois Municipal Retirement Fund, 353 Ill.App.3d 263, 266-67 (2004).

Heisterkamp v. Pacheco, 2016 IL App. (2d) 150229 (Ill. App. Dist. 2. Jan. 28, 2016).

Date: March 1, 2016

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