criminal law statute interpretation: case law interpretation Flashcards

1
Q

judicial interpretation through case law

A

what interpretations a court has already given to a statute, and why other interpretations were not considered

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2
Q

Agency interpretations through regulations

A

the agency in charge of a certain statue will issue regulations to clarify how that statue should be interpreted and applied. Courts will often defer to the agency in charge when it comes to interpretation of a statue.

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3
Q

Relevant Canons of Construction: Rule of Lenity

A

ambiguity in a statue defining a crime or imposing a penalty should be resolved in favor of the defendant

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4
Q

Relevant Canons of Construction: Presumption Against Change in Common Law

A

unless there is a very exact way the statute is written, then the statue does not change the common law

(dog tag case)

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5
Q
A
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