Chapter 13: Constitutional and Prudential

Question 1

Policy-Based Sources (Types)

Answer 1

Constitutional and Prudential

Question 2

Policy-Based Sources (def)

Answer 2

Sources extrinsic to both the statute and legislative process.

Question 3

Policy-Based Sources (purpose)

Answer 3

To protect fundamental constitutional rights (due process) and to advance policy objectives (requiring congress to be clear with it impacts federalism)

Question 4

Law Type Hierarchy

Answer 4

Constitution, federal statutes and cases, federal regulations, state law (then constitutions, statutes, regulations, and state law).

Question 5

Federal Common Law (types)

Answer 5

1. Areas in which Congress has given federal courts the power to develop substantive law. 2. Areas in which a federal rule of decision is necessary to protect interests that are uniquely federal.

Question 6

Federal Common Law (Rule)

Answer 6

1. Can Congress adopt a law in this area? 2. Should state or federal law govern? 3. If fed, then should courts borrow state law or create a new fed law?

Question 7

Constitutional Avoidance Doctrine (def)

Answer 7

Statutory canon that when there are two reasonable interpretations of a statute, the court picks the one that does not raise constitutional issues.

Question 8

Constitutional Avoidance Doctrine (Purpose)

Answer 8

1. Protects separation of powers. 2. Furthers judicial economy (why should it bother if it need not).

Question 9

Constitutional Avoidance Doctrine (Limits)

Answer 9

Limited to “reasonable and fair” interpretations. Prevents the judiciary from rewriting the statute.

Question 10

Rule of Lenity (def)

Answer 10

Judges should strictly interpret penal statutes.

Question 11

Rule of Lenity (Purpose)

Answer 11

To allow notice to the defendant, to protect individual rights, furthers separation of powers.

Question 12

Rule of Lenity (Limits)

Answer 12

Fair and reasonable interpretations. Tend to use only with ambiguity remains after other methods.

Question 13

Ex Post Facto Laws (def)

Answer 13

No law shall be passed afterwards that is disadvantageous to the defendant. Cannot change the legal consequences after the action has occurred.

Question 14

Ex Post Facto Laws (Types)

Answer 14

1. Criminalizing actions that were legal at the time. 2. Altering the categorization to make it more severe. 3. Increasing punishment. 4. Altering rules of evidence to make conviction easier.

Question 15

Ex Post Facto Laws (Purpose)

Answer 15

1. Prevent leg from enacting vindictive laws. 2. ensure statutes give fair notice of legal effect.

Question 16

Ex Post Facto Laws (Limit)

Answer 16

Regulations are not included (ex. sex offender registry), neither are corrections of erroneous decisions.

Question 17

Clear Statement Rule (def)

Answer 17

Leg should be clear if they intend to make policy changes.

Question 18

Clear Statement Rule (ex)

Answer 18

1. Federalism 2. Preemption. 3. American Indian Rights. 4. Sovereign Immunity

Question 19

Federalism (def)

Answer 19

Judges will not interpret statutes to burden state sovereignty unless Congress clear intends to do so.

Question 20

Prudential Considerations (def)

Answer 20

Focused on interplay between statutes and common law.

Question 21

Prudential Canons

Answer 21

1. Strictly construe statutes that detract from common law. 2. Broadly construe remedial statutes.

Question 22

Derogation Statutes (def)

Answer 22

Statutes that partially repeals common law or limits scope.

Question 23

Derogation Statutes (rule)

Answer 23

Should not be interpreted farther than rule import.

Question 24

Remedial Statutes (def)

Answer 24

Remedy errors in common law or create new rights/expand.