LRS - Principles & Canons

Question 1

Interpretation Principle

Answer 1

Every application of a text to particular circumstances entails interpretation.

Question 2

Supremacy-of-Text Principle

Answer 2

The words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.

Question 3

Principle of Interrelating Canons

Answer 3

No canon of interpretation is absolute. Each may be overcome by the strength of differing principles that point in other directions.

Question 4

Presumption Against Ineffectiveness

Answer 4

A textually permissible interpretation that furthers rather than obstructs the document’s purpose should be favored.

Question 5

Presumption of Validity

Answer 5

An interpretation that validates outweighs one that invalidates (ut res magis valeat quam pereat)

Question 6

Ordinary-Meaning Canon

Answer 6

Words are to be understood in their ordinary, everyday meanings - unless the context indicates that they bear a technical sense.

Question 7

Fixed-Meaning Canon

Answer 7

Words must be given the meaning they had when the text was adopted.

Question 8

Omitted-Case Canon

Answer 8

A matter not covered is to be treated as not covered (casus omissus pro omisso habendus est).

Question 9

General-Terms Canon

Answer 9

General terms are to be given their general meaning (generalia verba sunt generaliter intelligenda).

Question 10

Negative-Implication Canon

Answer 10

The expression of one thing implies the exclusion of others (expressio unius)

Question 11

Mandatory/Permissive Canon

Answer 11

Mandatory words impose a duty, permissive words grant discretion.

Question 12

Conjunctive/Disjunctive Canon

Answer 12

‘And’ joins a conjunctive list, ‘or’ a disjunctive list - but what negatives, plurals, and carious specific wordings there are nuances.

Question 13

Subordinating/Superordinating Canon

Answer 13

Subordinating language (signaled by ‘subject to’) or superordinating (signaled by ‘notwithstanding’ or ‘despite’) merely shows which provision prevails in the event of a conflict, but does not necessarily indicate where such conflict lies.

Question 14

Gender/Number Canon

Answer 14

In the absence of a contrary indication, the masculine includes the feminine (and vice versa), and the singular the plural.

Question 15

Presumption of Nonexclusive “Include”

Answer 15

The verb ‘to include’ introduces examples, not an exhaustive list.

Question 16

Unintelligibility Canon

Answer 16

An unintelligible text is inoperative.

Question 17

Grammar Canon

Answer 17

Words are to be given the meaning that proper grammar and usage would assign them.

Question 18

Last-Antecedent Canon

Answer 18

A pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent.

Question 19

Series-Qualifier Canon

Answer 19

When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series.

Question 20

Nearest-Reasonable-Referent Canon

Answer 20

When the syntax involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent.

Question 21

Proviso Canon

Answer 21

A proviso conditions the principle matter that it qualifies - almost always the matter immediately preceding.

Question 22

Scope-of-Subparts Canon

Answer 22

Material within an indented subpart relates only to that subpart; material contained in unindented text relates to all the follow or preceding indented subparts.

Question 23

Punctuation Canon

Answer 23

Punctuation is a permissible indicator of meaning

Question 24

Whole-Text Canon

Answer 24

The text must be construed as a whole.

Question 25

Presumption of Consistent Usage

Answer 25

A word of phase is presumed to bear the same meaning throughout a text; a material variation in terms suggests a variation in meaning.

Question 26

Surplusage Canon

Answer 26

If possible, every word and every provision is to be given effect (verba cum effectu sunt accipienda). None should be ignored, none should needlessly be given an interpretation that causes it to duplicate another provision or to have no consequence.

Question 27

Harmonious-Reading Canon

Answer 27

The provisions of a text should be interpreted in a way that renders them compatible, not contradictory.

Question 28

General/Specific Canon

Answer 28

If there is a conflict between a general provision and a specific provision, the specific one prevails (generalia specialibus non derogant).

Question 29

Irreconcilability Canon

Answer 29

If a text contains truly irreconcilable provisions at the same level of generality, and they have been simultaneously adopted, neither should be given effect.

Question 30

Predicate-Act Canon

Answer 30

Authorization of an act also authorizes a necessary predicate act.

Question 31

Associated-Words Canon

Answer 31

Associated words bear on one another’s meaning (noscitur a sociis).

Question 32

Ejusdem Generis Canon

Answer 32

Where general words follow an enumeration of two or more things, they apply only to persons or things of the same general kind or class specifically mentioned.

Question 33

Distributive-Phrasing Canon

Answer 33

Distributive phrasing applies each expression to its appropriate referent (reddendo singula singulis).

Question 34

Prefatory-Materials Canon

Answer 34

A preamble, purpose clause, or recital is a permissible indicator of meaning.

Question 35

Title-and-Headings Canon

Answer 35

Definition sections and interpretation clauses are to be carefully followed.

Question 36

Interpretive-Direction Canon

Answer 36

Definition sections and interpretation clauses are to be carefully followed.