Essay Flashcards
In Pari Materia
the language of the statute should be interpreted in context, both the statute as a whole and other related statutes.
Identical Words Presumption
identical words used in the Act are presumed to have identical meaning.
The Rule Against Surplusage
every word, phrase, sentence in a statute must have meaning.
Noscitur a Sociis
a word is known by those words associated with it
Ejusdem Generis
general catchall phrases are narrowed by the words around them. Similar to Noscitur but requires a catchall phrase.
Expressio Unius
Expression of one thing in the exclusion of anything not included.
Textualism
a textualist will not go beyond plain meaning unless ambiguity, absurdity, or scriveners error is found.
Intentionalism
A intentionalist will look at the text of the statute at well as the intent of the legislature that passed the law, regardless of if there is ambiguity, absurdity, or scriveners error.
Purposivism
a purposivist will look at the purpose of the statute whether there is ambiguity, absurdity, or scriveners error.
Ambiguity
two or more equally plausible meanings
Absurdity
would frustrate purpose/intent;
shock general common sense
Scrivener’s error
legislative error when drafting or amending the statute.
