Leg Reg Flashcards
Absurdity Rule**
A statute should not be given a literal interpretation if that interpretation would produce an “absurd” result.
Ejusdem Generis**
A general term at the end of a list refers to items “of the same kind” as the other items on the list.
Expressio Unius**
the express inclusion of some things in a statute implies the exclusion of others.
In Pari Materia**
Similar statutes should be interpreted similarly, unless legislative history or purpose suggests otherwise.
Lenity (Rule of):**
Ambiguities in criminal statutes should be narrowly construed in favor of the defendant.
“May” and “Shall”**
The term “may” (or “should”) denotes discretion, while the word “shall” (or “must”) indicates required action.
Mischief Rule**
A statute should be construed in light of the “mischief and defect” it was intended to cure. This rule is often invoked when engaging in purposive interpretation
Noscitur a Sociis**
Words are “known by their associates”; most often used to interpret an item on a list as being of the same kind as the other items on the list.
Ordinary Meaning Rule**
Follow the ordinary usage of terms in a statute, unless the legislature gives them a specified or technical meaning.
Plain Meaning Rule**
When the text of a statute is clear and unambiguous (i.e. “plain”), the court is bound by the statutory text, and it is not legitimate to look beyond the text of the statute (i.e. policy arguments, legislative history, other extrinsic sources) to determine the meaning of a statutory term.
Presumption of Consistent Usage**
A word or phrase is presumed to bear the same meaning throughout the text; a material variation in terms suggests a variation in meaning
Scrivener’s Error**
A statute may be construed in accordance with its intended meaning rather than its text if there has been a drafting error.
Statutory Definitions**
Statutory definitions are controlling and supersede ordinary meaning unless the context indicates otherwise.
Statutory Stare Decisis**
Courts will not overturn their prior interpretations of a statute except in unusual circumstances
Surplusage (Rule Against)**
NOTE: This canon is often ignored. It is based on questionable assumptions.
Interpretations that would make a term or provision into a mere “surplusage” are to be avoided.
Technical Definitions**
Apply the technical definition of a term rather than its ordinary meaning when the context indicates that it is a “term of art.”
Title Canon**
The title of a statute or section can aid in resolving ambiguity in the statutory text, but titles and headings cannot override the plain words of the text.
