Reading and Analyzing Statutes

Question 1

Literal Rule

Answer 1

Must enforce plain meaning even if it leads to absurd results

Question 2

Golden Rule

Answer 2

Literal interpretation must be rejected if it would lead to an absurd result

Question 3

Social Purpose

Answer 3

only interpret literally if aligned with the policy of the legislation as a whole

Question 3

Ejusdem Generis

Answer 3

of the same kind

Question 4

Noscitir a Sociss (it is known by its companions)

Answer 4

consider the word in context and in light of surrounding words

Question 5

Expressio Unius

Answer 5

the mention of on thing excludes the other thing

Question 6

Types of Statutes

Answer 6

Penal Statutes
Remedial Statutes
Specific Statutes
General Statutes

Question 7

Penal Statutes

Answer 7

Narrow construction - limitations on who is subject to it
Concerned with notice - what conduct violates the law

Question 8

Remedial Statutes

Answer 8

Broad Construction to effectuate purpose
Want it to apply to as many people as possible to get the maximum benefit from the remedial statute

Question 9

Specific v. General Statutes

Answer 9

When two or more statutes could be construed to govern the same issue, the more specific statute shall be applied

Question 10

Article 1 of U.S. Constitution

Answer 10

Establishes Congress