Intrinsic Sources Canons

Question 1

Plain Meaning Canon =

Answer 1

Directs that words and phrases shall be construed according to the commonly approved usage of the language:

1. Ordinary meaning is the meaning most people would give the language and is narrower than dictionary meaning
2. Dictionary meaning includes all ways words are used and is broader

Question 2

Technical Meaning Canon =

Answer 2

Technical words and phrases as have acquired a peculiar meaning shall be construed accordingly:

1. A word must be used in its technical context, so look to the act’s audience
2. Technical meaning is rarely intended, because most audiences are not technical (exception: words w/ legal meaning)

Question 3

Grammar & Punctuation Canon =

Answer 3

Acts are interpreted as punctuated using ordinary rules of grammar unless either contradict the ordinary meaning

1. Serial (Oxford) Comma
2. Reddendo Singula Singulis
3. Doctrine of Last Antecedent
4. And v. Or
5. Singular v. Plural
6. Masculine v. Feminine
7. Mandatory v. Discretionary

Question 4

Serial (Oxford) Comma =

Answer 4

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)

Question 5

Reddendo Singula Singulis =

Answer 5

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)

Question 6

Doctrine of Last Antecedent =

Answer 6

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”)

Question 7

And v. Or =

Answer 7

Generally, the word “and” has a conjunctive meaning, while the word “or” has a disjunctive meaning

Question 8

Singular v. Plural =

Answer 8

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

Question 9

Masculine v. Feminine =

Answer 9

For ease of drafting, laws are typically written in the masculine; the masculine pronoun is generally interpreted to include the feminine or neuter

Question 10

Mandatory & Discretionary =

Answer 10

1. “Shall” is mandatory
2. “May” is discretionary
3. “Must” is mandatory and used when a condition precedent is present
4. “Should” is discretionary

Question 11

Ambiguity =

Answer 11

1. Easier/broad definition to meet: 2 or more reasonable people disagree (multiple dictionary definitions as support)
2. Harder/narrow definition to meet: 2 or more equally plausible meanings

Question 12

Modern Constitutional Avoidance Doctrine =

Answer 12

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

Question 13

Absurdity =

Answer 13

1. Easier (broad) definition: result would frustrate purpose/intent or odd result (multiple dictionary definitions as support)
2. Harder (narrow) definition: result would shock the general moral/common sense or congress could not have intended it

Question 14

Scrivener’s Error =

Answer 14

An obvious drafting error (very narrow exception)

Question 15

Reasons to look beyond text of act/statute:

Answer 15

Ambiguity, absurdity, constitutional avoidance doctrine, scrivener’s error

Question 16

Linguistic Canons =

Answer 16

Canons regarding understood word usage

1. In Pari Materia
2. The presumption of consistent usage and meaningful variation
3. Noscitur a sociis
4. Ejusdem generis
5. The rule against surplusage
6. Expresso Unius

Question 17

In Pari Materia =

Answer 17

Means “of the same material;” judges will look at an entire act and related acts to determine meaning

Question 18

The presumption of consistent usage and meaningful variation =

Answer 18

1. 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)
2. 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)

Question 19

Noscitur a sociis =

Answer 19

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)

Question 20

Ejusdem generis =

Answer 20

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)

Question 21

The rule against surplusage =

Answer 21

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

Question 22

Expresso Unius =

Answer 22

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

Question 23

Components =

Answer 23

1. Long Title
2. Short Title
3. Enacting Clauses, Section Title, Purpose Clauses, etc.
4. Definitions

Question 24

Long Title =

Answer 24

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)

Question 25

Short Title =

Answer 25

Often used to persuade legislature/public to support the bill (cannot control clear text but can be used where there is ambiguity or absurdity)

Question 26

Definitions =

Answer 26

Critical/first places to look after finding the relevant language in an operative section of the act; when the legislature defines a word or phrase in an act, that definition is controlling even if it makes no sense

Question 27

Types of Intrinsic Sources

Answer 27

1. Text (Plain Meaning, Grammar & Punctuation)
2. Linguistic Canons
3. Components