Criminal Law Case Interpretation: context

Question 1

Cross References

Answer 1

cross references lead you to other statutes that affect the meaning and function of statues you are trying to analyze.

For example, immigration statute defines aggravated felony as a crime of violence, and crime of violence is defined by federal statue.

Question 2

Relevant Canons of construction: Whole Act Rule

Answer 2

In a single statute, a word cannot have multiple meanings

Question 3

Relevant Canons of construction: Presumption of Consistent Usage

Answer 3

a way a word is interpreted in a a certain statute in a certain way, cannot be interpreted in a another way in the same statute.

For example, if a statute says land in once place and real estate in another, the use of a different term in the second place presumably includes improvements as well as raw land. The presumption of meaningful variation suggests that when the legislature has departed from the consistent usage of a particular term, the legislature intended for that particular term to have a different meaning

Question 4

Relevant Canons : Rule to Avoid Surplusage

Answer 4

every word and every provision should be given effect. None should be given an interpretation that causes it to duplicate another provision or to have no consequence.

Question 5

Relevant Canons: Associated Words Canon

Answer 5

associated words bear on another’s meaning.

official action example

Question 6

Ejusdem Generis Canon

Answer 6

When a list or something refers to two or more things, they only apply to persons or things of the same general kind of class. For example if a statue lists “dogs, cats and other animals”.. the other animals in question would include animals like sheep, but not protozoa

Question 7

Related-Statutes Canon

Answer 7

Statutes dealing with the same subject are to be interpreted together.

if you are interpreting federal bank fraud statute, supreme court considered how it had interpreted the analogous mail fraud statute.