Final Exam Cards

Question 1

The Textual Inquiry: Types of Plain Meaning

Answer 1

(1) Ordinary meaning; (2) specialized meaning within the legal system; (3) prototypical meaning & extensive meaning; (4) meaning within the context of the whole statute

Question 2

Ordinary Meaning

Answer 2

The meaning of a term as understood by a typical speaker of the language

Question 3

Specialized Meaning

Answer 3

The meaning of a term as understood within the legal system, or within a particular ancillary system (e.g. patent law)

Question 4

Prototypical Meaning

Answer 4

The meaning of a term as understood through the ‘best’ or ‘core’ example.

Question 5

Extensive Meaning

Answer 5

The meaning of a term as understood through the all possible examples

Question 6

Within the Context of the Whole Statute Meaning

Answer 6

The meaning of a term as understood by the usage of the terms around it, or within the statutory scheme as a whole.

Question 7

The Substantive Inquiry: Types of Purpose

Answer 7

(1) Purpose of the statute, (2) Purpose of the statute as a part of the criminal or civil code, (3) Purpose of the statute as a part of the Constitutional order, etc.

Question 8

The Historical Inquiry: Precedent

Answer 8

Stare decisis dictates that courts should follow their prior rules on a particular topic.

Question 9

Legislative Process: Overview

Answer 9

(1) Committee deliberation, (2) Scheduling, (3) Filibuster, (4) Amendment and Voting, (5) Bicameral approval, (6) Executive Veto

Question 10

Legislative Process: Types of Compromise

Answer 10

(1) Compromise: a collective action where each side gives up some part.
(2) Logroll: a collective action where one side exchanges its support for one position in exchange for the other side’s support of another position.

Question 11

Executive Process: Overview

Answer 11

Consider: discretion in enforcement, discretion in administrative rule making and implementation, and discretion in selection of staff.

Question 12

Analyzing Institutions: Basic Methods

Answer 12

(1) Formal lines: constitutional division of powers
(2) Functional competencies: capacities of each group based on size, expertise, etc.
(3) Electoral constituencies: the people/entities that particular groups speak to, or are held accountable by.

Question 13

House of Representatives: Legislative Flow

Answer 13

(1) Introduction
(2) Committee
(3) Rules Committee
(4) House Resolution
(5) Floor Debate on the Rule
(6) Vote on the Rule
(7) Floor Debate
(8) Vote

Question 14

Senate: Legislative Flow

Answer 14

(1) Introduction
(2) Committee
(3) Filibuster
(4) Substitute Bill
(5) Cloture Vote on Substitute Bill
(6) Post-Cloture Amendments
(7) Floor Debate
(8) Vote

Question 15

House/Senate Dual Passage: Legislative Flow

Answer 15

(1) House Passage & Senate Passage
(2) Conference Committee
(3) Returns to House to Pass Conference Report
(4) Senate Passes Conference Report
(5) President Vetos or Signs

Question 16

Legislative Vetogates

Answer 16

(1) Kill the bill in subcommittee
(2) Kill the bill in committee
(3) Kill the bill during floor consideration, by poison bill amendment or outright defeat
(4) Kill the bill in the other chamber
(5) Kill the bill in conference committee
(6) Persuade the president to veto the bill and prevent a supermajority.

Question 17

Legislative Vetogates: Pro-Filibuster

Answer 17

(1) Dilutes the power of the minority party
(2) Dilute the right to debate
(3) Deprives the country of an opportunity to reach consensus on issues

Question 18

Legislative Vetogates: Anti-Filibuster

Answer 18

(1) Might not be Constitutional
(2) Allows a small group to hold legislation hostage; obstructionist
(3) Anti-democratic

Question 19

Legislative Vetogates: Filibuster Alternatives

Answer 19

(1) Fast-track legislation

2) Floor-speaking requirement (must continue to talk

Question 20

Agency Statutory Implementation: Tools

Answer 20

(1) Substantive/Legislative Rulemaking: rules carry the force of law; notice and comment period; not all agencies have this power
(2) Agency Adjudication: administrative law judges; Constitutional due process requirements; not all agencies have this power
(3) Initiation of Litigation in Court: agencies can bring lawsuits to enforce their rules or the statutes underlying those rules.
(4) Agency Guidances: informal mechanisms are useful, but they carry no penalty for disobedience.
(5) Advice Giving: IRS, for example, will answer specific inquiries.
(6) Investigation, Information-Gathering, Promulgation, and Publicity: broad discretion to gather and disseminate information and relevant reports.

Question 21

Zarda v. Altitude Express Rule

Answer 21

(1) The role of the courts in interpreting statutes is distinctly different from Congress’s rule: where the Constitution is more general statutes are more specific
(2) Primary purpose when interpreting statutes: what did the legislature mean when they passed the statute. (this, however, may leave out interpretations that grow over time).

Question 22

Flood v. Kuhn Rule

Answer 22

(1) Stare decisis holds here because (a) Congressional awareness of prior decisions and Congressional inaction, (b) reliance interest, (c) reluctance to overrule, (d) desire for legislative remediation rather than judicial remedy.

Question 23

Stare Decisis: Strength Level

Answer 23

(1) Strong stare decisis for statutory interpretation
(2) Ordinary stare decisis for common law decisions
(3) Weak stare decisis for constitutional holdings

Question 24

United Steelworkers v. Weber Rule

Answer 24

(1) Consider legislative history in divining purpose, including the statements of individual senators
(2) Consider legislative purpose against the backdrop of the statute’s passage and the history is sought to address.
(3) Weigh the statute’s purpose more heavily than the statute’s text (via a plain-reading)

Question 25

Johnson v. Santa Clara Rule

Answer 25

(1) Consider legislative purpose (broadly) more than legislative intent (narrowly).
(2) Congressional inaction isn’t always indicative of what the former Congress wanted (or intended)

Question 26

Legislative Intent: Theories

Answer 26

(1) Purpose and intent
(2) Specific Intent
(3) Collective Intent
(4) Intent and Context