Basic Interpretation

Question 1

Textualism

Answer 1

Looking at the text as if there is no ambiguity

Question 1

What is the term at issue?

Answer 1

State the statute section in question

Question 2

Binding Precedent

Answer 2

If precedent is binding, court starts and ends their analysis with that

Question 3

Distinguished or not Precedent

Answer 3

Move onto different form of meanings including:
1. Plain meaning of terms
2. Absurdity
3. Scrivener’s error
4. Ordinary meaning
5. Colloquial meaning
6. Technical meaning

Question 4

Plain meaning of terms

Answer 4

Dictionary definition

Question 5

Absurdity

Answer 5

Allows courts to depart from literal meaning of a statute when a strict interpretation would lead to an absurd result, contrary to legislative intent.

Doctrine is applied cautiously and rarely

Question 6

Scrivener’s error

Answer 6

Allows courts to correct an obvious clerical or typo error in a statute, when the literal meaning would lead to an unintended result.

Doctrine applied sparingly and only when there is strong evidence that the error is a mistake

Question 7

Ordinary meaning

Answer 7

Common, everyday understanding of a word by the public

Question 8

Colloquial meaning

Answer 8

Informal, conversational, or slang use of a word in everyday language

Question 9

Technical meaning

Answer 9

Scientific, specific, specialized, or industry-specific sense of certain words