Canons of Construction Flashcards
Whole Code Rule
Presumption of consistent meaning throughout. Applies to multiple statutes dealing with the same subject matter
Seeks to harmonize related statutes and ensure consistency in interpretation
Whole Act Rule
Presumption of consistent meaning throughout. Applies to provisions within a single statute
Aims to ensure internal consistency
Rule of last antecedent
A limit clause or phrase should be ordinarily read as modifying only the noun or phrase that it immediately follows
Ex: “Fruits, vegetables, and nuts that are organic” that are organic only applies to nuts
General grammar rules
Statute interpretation should adhere to standard grammar and punctuation rules
Series Qualifier
A modifying clause at the end of a single, integrated list, applies to the whole list
Ex: “the defendant shall be fined, imprisoned, or both,” the comma before “or” indicates that “both” applies to “fined” and “imprisoned.”`
Noscitur a sociis (Nova Scotia)
Meaning of an unclear word or phrase should be determined by the words immediately surrounding it
Ex: “Corgis, Chihuahuas, Dalmatians” dalmatians are the dogs, not the people
Ejusdem generis (eg)
“Of the same type.” If a statute contains a list of specific terms followed by an open-ended residual term, read that narrowly in terms of the similar items.
Ex: “Newfoundlands, Great Pyrenees, and Other Large Breeds.” Does not include breeds of cats, or tigers.
Expressio unius est exclusion alterius (EU)
Express mention of one thing excludes all others
Ex: “Tenant may have dogs and cats” implies tenant may not have other pets
Constitutional Avoidance
If the court has two different interpretations, one of which is constitutional, and the other is iffy, they go to constitutional one
Rule of Lenity
Any ambiguities in a criminal statute must be viewed in the interpretation most favorable to the defendant
