Criminal Law Flashcards
What is a statute?
a written law passed by a legislative property
What is as statutory definition?
a section that sets forth and defines key terms used in the statute.
Why is it important to have a statute definition section?
the way a term is defined in a certain statue may be different from the way the term is used commonly
Plain Meaning
What an ordinary or non legal person would think the statute to mean.
Dictionary Definition
Dictionary definition is what a dictionary or encyclopedia would take a statute definition to be. You must always keep in mind the certain time a statute was passed so that you can look up the proper definition for that time period
Common Law Definition
words such as extortion, where there is a meaning in common law that is widely understood and accepted.
Subject to, within the meaning of, for the purposes of … what to these words do in the context of statutory text?
These limit the scope of the statute and also indicate that one part of the statute can limit other parts of the statue.
notwithstanding means what in statutory text?
it indicates that a certain term or provision is not controlled by other parts of the statue.
what are canons of construction?
ways to interpret a staturte
Omitted Case Canon
What is implied in the statutory text should be interpreted as is and not be given any additions.
General Terms Canon
General terms are to be given theyr full and fair scope without being limited.
For example statute that says government can seize any property means both real and personal property can be seized
Negative Implication Canon
The expression of thing implies the expression of others. For example is it is said dogs aren’t allowed, it can mean cats are allowed
Presumption of nonexclusive “include”
include introduces examples, not an exhaustive list.
on the contrary, the language
“consists of “ or “comprises of” indicates a precise group.
