criminal law statute interpretation: case law interpretation Flashcards
judicial interpretation through case law
what interpretations a court has already given to a statute, and why other interpretations were not considered
Agency interpretations through regulations
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.
Relevant Canons of Construction: Rule of Lenity
ambiguity in a statue defining a crime or imposing a penalty should be resolved in favor of the defendant
Relevant Canons of Construction: Presumption Against Change in Common Law
unless there is a very exact way the statute is written, then the statue does not change the common law
(dog tag case)