Multiple Choice Information Flashcards
Textualism
follows the plain meaning doctrine, will not go beyond unless ambiguity, absurdity, scrivener’s error.
Weakness -> rigid; might lead to unintended results
Strength -> strict interpretation
Intentionalism
begins with plain meaning doctrine, but goes to extrinsic sources such as legislative history to derive intent, regardless of ambiguity, absurdity, scrivener’s error.
Weakness -> judges can manipulate intent; unlikely congress has same intent
Strength -> separation of powers
Purposivism
starts with plain meaning doctrine, uses extrinsic sources to determine purpose of statute.
Weakness -> conflicting ideas to further purpose; subordinates statutory text
Strength -> permits flexibility; further statutes to unknown incidents
Sliding Scale
if clear extrinsic sources have less weight than if ambiguous.
Weakness -> not an easy bright line
Strengths -> gives text primacy but allows to factor in extrinsic sources
Documents created during legislative process
text of bill; committee report; hearing testimony; signing statement; amendments; floor debates; sponsor statements; engrossed bill; enrolled bill
Enrolled Bill Doctrine
courts will not question the validity of a bill’s enactment process once the bill has become enrolled, attested to by leaders of both chambers
single subject rule
bill will only have one subject and will be expressed in statute. courts highly deferential in determining whether a bill complies. NO USFG
In Pari Materia
language of the statute should be interpreted in context. Statutory language shall not be looked at in isolation; rather, the entire textual context is relevant.
Ejusdem Generis
“of the same kind, class, or nature”
general catchall phrases ending lists are narrowed by the words around them. General words should be construed to include only objects similar in nature to the specific words.
Noscitur a sociis
a word is known by the words associated with it
expressio unius
expression of one thing is the exclusion of anything not included
Rule against Surplusage
every word, phrase, and sentence in a statute must have meaning. the legislature did not just put words in for no reason.
Plain meaning rule
words and phrases should be construed according to the commonly approved usage of the language.
Identical words presumption
identical words used in the Act are presumed to have identical meaning.
Golden Rule Exception
(Absurdity Exception)
allows judges to look beyond the ordinary meaning of the text to extra-textual sources when the statute would be absurd if interpreted as written
Doctrine of Last Antecedent
when a modifier is not set off from an antecedent by a comma, then the modifier should be interpreted to apply only to that antecedent. when the modifier is set off from the series by a comma, the modifier should be interpreted to apply to all of the antecedents.
Rule of Lenity
criminal cases where two reasonable interpretations of a penal statue exist, one inculpating and the other exculpating a defendant, a court must employ the less harsh reading.
