Intrinsic Sources Canons Flashcards
Plain Meaning Canon =
Directs that words and phrases shall be construed according to the commonly approved usage of the language:
- Ordinary meaning is the meaning most people would give the language and is narrower than dictionary meaning
- Dictionary meaning includes all ways words are used and is broader
Technical Meaning Canon =
Technical words and phrases as have acquired a peculiar meaning shall be construed accordingly:
- A word must be used in its technical context, so look to the act’s audience
- Technical meaning is rarely intended, because most audiences are not technical (exception: words w/ legal meaning)
Grammar & Punctuation Canon =
Acts are interpreted as punctuated using ordinary rules of grammar unless either contradict the ordinary meaning
- Serial (Oxford) Comma
- Reddendo Singula Singulis
- Doctrine of Last Antecedent
- And v. Or
- Singular v. Plural
- Masculine v. Feminine
- Mandatory v. Discretionary
Serial (Oxford) Comma =
Separates the second-to-last item in a list and the “and” or “or” joining it to the last item (ex: please bring me a pencil, eraser, and notebook)
Reddendo Singula Singulis =
Canon meaning “rendering each to his own;” where sentence contains several antecedents and several consequents, they are to be read distributively (ex: if anyone shall draw or load any sword or gun the word draw is applied to sword only and the word load to gun only)
Doctrine of Last Antecedent =
Directs that words and phrases modify only the immediately preceding noun or noun phrase in a list of items; exception: if the drafter includes a comma between the modifier in the last antecedent, then all the nouns or noun phrases are modified (ex: when interpreting the phrase “letters or emails drafted by a clerk,” a court would read the qualifying modifier “drafted by a clerk” as referring to “emails” but not “letters” vs. “letters or emails, drafted by a clerk”)
And v. Or =
Generally, the word “and” has a conjunctive meaning, while the word “or” has a disjunctive meaning
Singular v. Plural =
For statutory interpretation, the legislature’s use of the singular is assumed to include the plural, and the legislature’s use of the plural is assumed to include the singular unless context directs otherwise
Masculine v. Feminine =
For ease of drafting, laws are typically written in the masculine; the masculine pronoun is generally interpreted to include the feminine or neuter
Mandatory & Discretionary =
- “Shall” is mandatory
- “May” is discretionary
- “Must” is mandatory and used when a condition precedent is present
- “Should” is discretionary
Ambiguity =
- Easier/broad definition to meet: 2 or more reasonable people disagree (multiple dictionary definitions as support)
- Harder/narrow definition to meet: 2 or more equally plausible meanings
Modern Constitutional Avoidance Doctrine =
When two interpretations are “fairly possible” and one raises doubt about the constitutionality of the act, adopt the alternate interpretation that does not raise constitution question
Absurdity =
- Easier (broad) definition: result would frustrate purpose/intent or odd result (multiple dictionary definitions as support)
- Harder (narrow) definition: result would shock the general moral/common sense or congress could not have intended it
Scrivener’s Error =
An obvious drafting error (very narrow exception)
Reasons to look beyond text of act/statute:
Ambiguity, absurdity, constitutional avoidance doctrine, scrivener’s error
Linguistic Canons =
Canons regarding understood word usage
- In Pari Materia
- The presumption of consistent usage and meaningful variation
- Noscitur a sociis
- Ejusdem generis
- The rule against surplusage
- Expresso Unius
In Pari Materia =
Means “of the same material;” judges will look at an entire act and related acts to determine meaning
The presumption of consistent usage and meaningful variation =
- Directs that when the legislature uses the same word in different parts of the same act, the legislature intended those words to have the same meaning (consistent usage)
- Also directs that, if the legislature uses a word in one part of the act, then changes to a different word in the same act, legislature intended the different words to have different meanings (meaningful variation)
Noscitur a sociis =
Means “it is knowns from its associates;” listed words have a commonality that should be shared by all/unifier (ex: illness, disability, and death signifies a serious disability)
Ejusdem generis =
Means “of the same kind, class, or naure;” used for general words & catch-alls, not for words within a list, directs that when general words or catch-alls are near specific words or listed words, the general words and catch-alls should be limited to include only things similar to the specific words (ex: in lions, bears, tigers, and other animals, other animals should be an animal like a lion, bear, or tiger)
The rule against surplusage =
Directs that the proper interpretation of statutory language is the one in which every word, phrase, section, etc. has independent meaning; nothing is redundant or meaningless
Expresso Unius =
Means the expression of one thing precludes the inclusion of other similar things; directs that when the legislature includes thing explicitly, courts should conclude that the legislature intentionally omitted other similar things that would logically have been included
Components =
- Long Title
- Short Title
- Enacting Clauses, Section Title, Purpose Clauses, etc.
- Definitions
Long Title =
Identify the purpose of the bill and where the bill will fit within existing law; less controlling and precede the enacting clause (cannot control clear text but can be used where there is ambiguity or absurdity)
