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Statutory Interpretation > Canons > Flashcards

Canons Flashcards

1
Q

Interpretation Principle

A

Every application of a text to particular circumstances entails interpreation

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2
Q

Supremacy of Text

A

The words of a governing text are of paramount concern, and what they convey, in context, is what the text means.

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3
Q

Principle of Interrelating Canons

A

No canon of interpretation is absolute. Each can be overcome by the strength of differing principles that point in other directions.

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4
Q

Presumption Against Ineffectiveness

A

A textually permissible meaning that furthers rather than obstructs the documents purpose should be favored.

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5
Q

Presumption of Validity

A

An interpretation that validates outweighs one that invalidates.

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6
Q

Ordinary-Meaning Canon

A

Words are to be understood in their ordinary, everyday meanings—unless the context indicates they bear a technical sense.

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7
Q

Fixed-Meaning Canon

A

Words must be given the meaning they had when the text was adopted.

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8
Q

Omitted-Case Canon

A

Nothing is to be added to what the text states or reasonably implies. That is, a matter not covered is to be treated as not covered.

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9
Q

General-Terms Canon

A

General terms are to be given their general meaning.

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10
Q

Negative Implication Canon

Expressio Unius Alterius

A

The expression of one thing implies the exclusion of others.

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11
Q

Mandatory/Permissive Canon

A

Mandatory words impose a duty, permissive words grant discretion.

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12
Q

Conjunctive/Disjunctive Canon

A

And is conjunctive, or is disjunctive—but with negatives, plurals, and various specific wordings there are nuances.

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13
Q

Subordinating/Superordinating Canon

A

Subordinating Language (signaled by subject to) or superordinating language (notwithstanding or despite) merely shows which provision prevails in the event of a clash—but does not necessarily denote a clash.

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14
Q

Gender/Number Canon

A

In the absence of a contrary indication, the masculine includes the feminine and vise versa, and the singular includes the plural and vice versa.

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15
Q

Presumption of Nonexhaustive Include

A

The verb to include introduces examples, not an exhaustive list.

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16
Q

Unintelligibility Canon

A

An unintelligible text is inoperative.

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17
Q

Grammar Canon

A

Words are to be given the meaning that proper grammar and usage would assign to them.

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18
Q

Last Antecedent Canon

A

A pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent.

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19
Q

Series Qualifier Canon

A

When there is a straightforward, parallel construction that includes all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series.

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20
Q

Nearest Reasonable Referent Canon

A

When the syntax involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent.

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21
Q

Proviso Canon

A

A provisio conditions the principal matter that it qualifies—almost always the matter immediately preceding.

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22
Q

Scope-of-Subparts Canon

A

Material within an indented subpart relates only to that subpart; material contained in an unindented text relates to all the following or preceding indented subparts.

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23
Q

Punctuation Canon

A

Punctuation is a permissible indicator of meaning.

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24
Q

Whole-Text Canon

A

The text must be construed as a whole.

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25
Q

Presumption of Consistent Usage

A

A word or phrase is presumed to bear the same meaning through a text; a material variation in terms suggests a variation in meaning.

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26
Q

Surplusage Canon

A

If possible, every word and provision is to be given effect. None should be ignored. None should needlessly be given an interpretation that causes it to duplicate another provision or to have no consequences.

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27
Q

Harmonious-Reading Canon

A

The provisions of a text should be interpreted in a way that renders them compatible, not incompatible.

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28
Q

General/Specific Canon

A

If there is a conflict between a general provision and a specific provision, the specific provision prevails.

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29
Q

Irreconcilability Canon

A

If a text contains truly irreconcilable provisions at the same level of generality, and they have been simultaneously adopted, neither provision shall be given effect.

30
Q

Predicate Act Canon

A

Authorization of an act also authorizes a necessary predicate act.

31
Q

Associated Words Canon

A

Associated words bear on one another’s meaning.

32
Q

Ejusdem Generis Canon

A

Where words follow an enumeration of two or more things, they apply only to persons or things of the same general kind of class specifically mentioned.

33
Q

Distributive Phrasing Canon

A

Distributive phrasing applies each expression to its appropriate referent.

34
Q

Prefatory-Materials Canon

A

A preamble, purpose clause, or recital is a permissible indicator of meaning.

35
Q

Title-and-Headings Canon

A

The title and headings are permissible indicators of meaning.

36
Q

Interpretive-Direction Canon

A

Definition and interpretation clauses are to be carefully followed.

37
Q

Absurdity Doctrine

A

A provision may either be disregarded or judicially corrected as an error (when the error is textually simple) if failing to do so would result in a disposition that no reasonable person could approve.

38
Q

Constitutional Doubt Canon

A

A statute should be interpreted in a way that avoids placing its constitutionality in doubt.

39
Q

Related Statutes Canon

A

Statutes in pari materia should be interpreted together, as though they are one law

40
Q

Reenactment Canon

A

If the legislature amends or reenacts a provision other than by way of a consolidating statute or restyling project a significant change in language is presumed to entail a change in meaning.

41
Q

Presumption Against Retroactivity

A

A statute has no retroactive application.

42
Q

Pending Action Canon

A

When statutory law is altered during the pendency of a lawsuit, the courts at every level must apply the new law unless doing so would violate the presumption against retroactivity.

43
Q

Extraterritoriality Canon

A

A statute presumptively has no retroactive application.

44
Q

Artificial-Person Canon

A

The word person includes corporations and other entities, but not the sovereign.

45
Q

Repealability Canon

A

The legislature cannot derogate from its own authority or the authority of its successors.

46
Q

Presumption Against Waiver of Sovereign Immunity

A

A statute does not waive sovereign immunity—and a federal statute does not eliminate state sovereign immunity—unless that disposition is unequivocally clear.

47
Q

Presumption Against Federal Preemption

A

A federal statute is presumed to supplement rather than displace state law.

48
Q

Penalty/Illegality Canon

A

A statute that penalizes an act makes it unlawful.

49
Q

Rule of Lenity

A

Ambiguity in a statute defining a crime or imposing a civil penalty should be resolved in the defendant’s favor.

50
Q

Mens Rea Canon

A

A statute creating a criminal offense whose elements are similar to those of a common-law crime will be presumed to require a culpable state of mind (mens rea) in its commission. All statutory offenses imposing substantial punishment will be presumed to require at least awareness of committing the act.

51
Q

Presumption Against Implied Rights of Action

A

A statute’s mere prohibition of a certain act does not imply a creation of a private right of action for its violation. The creation of such a right must either be express or clearly implied from the text of the statute.

52
Q

Presumption Against Change in Common Law

A

A statute will be construed to alter teh common law only when that is clear.

53
Q

Canon of Imputed Common-Law Meaning

A

A statute that uses a common-law term, without defining it, adopts its common law meaning.

54
Q

Prior-Construction Canon

A

If a statute uses words or phrases that have already received authoritative construction by the jurisdiction’s court of last resort, or even uniform construction by inferior courts or a responsible administrative agency, they are to be understood according to that construction.

55
Q

Presumption Against Implied Repeal

A

Repeals by implication are disfavored—”very much so.” But a provision that flatly contradicts an earlier enacted provision repeals it.

56
Q

Repeal of Repealer Canon

A

The repeal of expiration of a repealing statute does not reinstate the original statute.

57
Q

Desuetude Canon

A

A statute is not repealed by nonuse or desuetude.

58
Q

The false notion that the spirit of a statue should prevail over its letter

A

Holy Trinity shit.

59
Q

The false notion that the quest in statutory interpretation is to do justice.

A

justice means following the law

60
Q

The false notion that when a situation is not quite covered by a statute, the court should reconstruct what the legislature would have done had it confronted the issue.

A

This is imaginative reconstruction.

61
Q

The half-truth that the consequences of a decision provide the key to sound interpretation.

A

consequentialism. this does come up with the canons, but its about the consequence of the meaning of the statute and what we understand about how government functions not the broader policy context of the decision

62
Q

The false notion that words should be construed strictly

A

words get a fair meaning

63
Q

The false notion that tax exemptions—or any exemptions—should be construed strictly

A

they get a fair meaning

64
Q

The false notion that remedial statutes should be liberally construed

A

they get a fair meaning. all statutes are remedial

65
Q

The false notion that a statute cannot oust courts of their jurisdiction.

A

Fair meaning. Art III allows legislature to take it away

66
Q

The false notion that committee reports and floor speeches are worthwhile aids in statutory interpretation.

A
67
Q

The false notion that the purpose of statutory interpretation is to discover intent.

A
68
Q

The false notion that the text of a statute is the best evidence of legislative intent.

A
69
Q

The false notion that lawyers and judges, not being historians, are unqualified to do the historical research that originalism requires.

A
70
Q

The false notion that the living constitution is an exception to the rule that legal texts must be given the meaning they bore when adopted.

A

Statutory Interpretation (1 decks)

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