Canons

Question 1

Interpretation Principle

Answer 1

Every application of a text to paricular circumstances entails interpretation.

Question 2

Supremacy-of-Text Principle

Answer 2

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

Question 3

Principle of Interrelating Canons

Answer 3

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

Question 4

Presumption Against Ineffectiveness

Answer 4

A textually permissible interpretation that furthers rather than obstructs the document’s pupose should be favored.

Question 5

Presumption of Validity

Answer 5

Ut res magis valeat quam pereat

An interpretation that validates outweighs one that invalidates.

Question 6

Ordinary-Meaning Canon

Answer 6

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

Question 7

Fixed-Meaning Canon

Answer 7

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

Question 8

Omitted-Case Canon

Answer 8

Nothing is to be added to what the text states or reasonably implies (casus omissus pro omisso habendus est). That is, a matter not covered is to be treated as not covered.

Question 9

General-Terms Canon

Answer 9

General terms are to be given their general meaning (generalia verba sunt generaliter intelligenda).

Question 10

Negative Implication Canon

Answer 10

The expression of one thing implies the exclusion of others (expressio unius est exclusio alterius).

Question 11

Mandatory/Permissive Canon

Answer 11

Mandatory words impose a duty; permissive words grant discretion.

Question 12

Conjunctive/Disjunctive Canon

Answer 12

“And” joins a conjunctive list, “or” a disjunctive list-but with negatives, plurals, and various specific wordings there are nuances.

Question 13

Subordinating/Superordinating Canon

Answer 13

Subordinating language (signaled by “subject to”) or superordinating language (signaled by “notwithstanding” or “despite”) merely shows which provision prevaisl in the event of a clash-but does not necessarily denote a clash of provisions.

Question 14

Gender/Number Canon

Answer 14

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

Question 15

Presumption of Nonexclusive “Include”

Answer 15

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

Question 16

Unintelligibility Canon

Answer 16

An unintelligible text is inoperative.

Question 17

Grammar Canon

Answer 17

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

Question 18

Last-Antecedent Canon

Answer 18

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

Question 19

Series-Qualifier Canon

Answer 19

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

Question 20

Nearest-Reasonable-Referent Canon

Answer 20

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.

Question 21

Proviso Canon

Answer 21

A proviso conditions the principal matter that it qualifies-almost always the matter immediately preceding.

Question 22

Scope-of-Subparts Canon

Answer 22

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

Question 23

Punctuation Canon

Answer 23

Punctuation is a permissible indicator of meaning.

Question 24

Whole-Text Canon

Answer 24

The text must be construed as a whole.

Question 25

Presumption of Consistent Usage

Answer 25

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

Question 26

Surplusage Canon

Answer 26

If possible, every word and every provision is to be given effect (verba cum effectu sunt accipienda). None should be ignored. None should needlessly be given an interpretation that causes it to duplicate another provision or to have no consequnce.

Question 27

Harmonious-Reading Canon

Answer 27

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

Question 28

General/Specific Canon

Answer 28

If there is a conflict between a general provision and a specific provision, the specific provision prevails (generalia specialibus non derogant).

Question 29

Irreconcilability Canon

Answer 29

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

Question 30

Predicate-Act Canon

Answer 30

Authorization of an act also authorizes a necessary predicate act.

Question 31

Associated-Words Canon

Answer 31

Associated words bear on a one another’s meaning (noscitur a sociis).

Question 32

Ejusdem Generis Canon

Answer 32

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

Question 33

Distributive-Phrasing Canon

Answer 33

Distributive phrasing applies each expression to its appropriate referent (reddendo singula singulis).

Question 34

Prefatory-Materials Canon

Answer 34

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

Question 35

Title-and-Headings Canon

Answer 35

The title and headings are permissible indicators of meaning.

Question 36

Interpretivve-Direction Canon

Answer 36

Definitions sections and interpretation clauses are to be carefully followed.

Question 37

Absurdity Doctrine

Answer 37

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

Question 38

Constitutional-Doubt Canon

Answer 38

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

Question 39

Related-Statutes Canon

Answer 39

Statutes in pari materia are to be interpreted together, as though they were one law.

Question 40

Reenactment Canon

Answer 40

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.

Question 41

Presumption Against Retroactivity

Answer 41

A statute presumptively has no retroactive application.

Question 42

Pending-Action Canon

Answer 42

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.

Question 43

Extraterritoriality Canon

Answer 43

A statute presumptively has no extraterritorial application (statuta suo clauduntur territorio, nec ultra territorium disponunt).

Question 44

Artificial-Person Canon

Answer 44

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

Question 45

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