Extrinsic Sources Canons

Question 1

Extrinsic Sources

Answer 1

Sources outside of the enacted act but within the legislative process that created the act, e.g., legislative history, purpose

Question 2

Conflicting Statutes Canon (within the same jurisdiction) =

Answer 2

Judges resolve conflict among statutes by first attempting to harmonize them, then by applying the specific statute over general statute, and last by applying the later enacted statute over the earlier statute (later specific over earlier general and earlier specific over later general)

Question 3

Preemption =

Answer 3

When federal law conflicts with state law, federal law controls state law

Question 4

Modeled Acts Canon =

Answer 4

Directs that when legislature models one act based on an existing act, the modeling act and its settled judicial interpretations are relevant to interpretations

Question 5

Borrowed Acts Canon =

Answer 5

Directs that when a legislature borrows statutory language from another jurisdiction-whether state or federal-courts assume that the borrowing legislature took not only the statutory language, but also any settled judicial opinions interpreting that language from the highest court in the patterning jurisdiction at the time of the adoption as well; subsequent judicial interpretations are only persuasive

Question 6

Uniform Acts =

Answer 6

When a state legislature enacts a uniform act, uniformity across jurisdictions is essential; interpretations of uniform acts from other jurisdictions are strongly persuasive, regardless of when or where they occur

Question 7

Model Acts =

Answer 7

When a legislature enacts a model act, uniformity is less important, unless the model act is widely adopted; interpretations of a model act from other jurisdictions are informative, but not controlling

Question 8

Types of Legislative History =

Answer 8

1. Conference committee report
2. Committee reports
3. Bill drafts and amendments
4. Committee hearings
5. Floor debates
6. Sponsor statements
7. Silence
8. Presidential signing statements & veto messages

Question 9

Subsequent Legislative Acts =

Answer 9

Enactment of subsequent legislation may effect interpretations of prior legislation

Question 10

Subsequent Legislative History =

Answer 10

Use of subsequent legislative history is highly controversial because the enactment of a subsequent act does not show the enacting legislature’s intent regarding the existing act, however, subsequent acts may provide insight in to the contours of an existing act

Question 11

Super Strong Stare Decisis =

Answer 11

A heightened form of stare decisis; Directs that even when a judicial interpretation of an act is “wrong,” judges should be reluctant to overrule that interpretation because Congress can change it themselves

Question 12

Legislative Acquiescence =

Answer 12

Directs a court to presume that, through silence, a legislature agreed with a prior statutory interpretation because the legislature did not amend the act in response; legislative acquiescence is based on stare decisis and separation of powers; criticism: silence can mean many things, including (as legislative acquiescence presumes) that the legislature agreed w/ the judicial interpretation

Question 13

Type of Extrinsic Sources =

Answer 13

1. Conflicting Statutes Canon
2. Preemption
3. Modeled Acts Canon
4. Borrowed Acts Canon
5. Uniform Acts
6. Model Acts
7. Legislative History
8. Subsequent Legislative Acts
9. Subsequent Legislative History
10. Super Strong Stare Decisis
11. Legislative Acquiescence