Estate Essentials Library

mckitrick_v._gibson_2021.pdf

See paragraphs 37 et.seq. on rules The associated canon of construction—expressio unius est ¶38 exclusio alterius (expressio unius)—holds that “to express or include one thing implies the exclusion of the other, or of the alternative.” Expressio unius est exclusio alterius, BLACK’S LAW DICTIONARY (11th ed. 2019); see also Pulham v. Kirsling, 2019 UT 18, ¶ 30 n.9, 443 P.3d 1217 (citing the above definition). And while canons of construction “are not formulaic, dispositive indicators of statutory meaning,” they serve as “tools that guide our construction of statutes in accordance with common, ordinary usage and understanding of language—in this instance, the expectation that legislators typically use language advisedly and tend not to speak in superfluous terms.” Olsen, 2011 UT 10, ¶ 19.