Policy Based Sources Canons

Question 1

Policy-based sources =

Answer 1

Policy-based sources are extrinsic both to the act and to the legislative process; they are based on the U.S. Constitution or policy preferences

1. The Rule of Lenity
2. Remedial Acts

Question 2

The Rule of Lenity =

Answer 2

Penal acts are those that punish citizens by imposing a fine or imprisonment; directs that judges should strictly interpret penal acts because the Due Process Clause requires that citizens have notice of criminal activity

Question 3

Remedial Acts Canon =

Answer 3

Act that create new rights or expand remedies; such acts should be broadly, not narrowly, construed to achieve their remedial purpose (e.g., the American with Disabilities Act)