Sobol Exam

Question 1

Golden Rule Exception

Answer 1

If the plain meaning of a statute is absurd, the exception allows the court to look to other sources to show that the plain meaning was not intended to be used.

Rationale, court can correct illogical statutory wording.

Question 2

Scrivener’s Error Exception

Answer 2

Legislature errors during drafting or amendment process which creates or causes ambiguity in the statute.

Extremely narrow construction rarely invoked. It would be absurd for Congress to intend a result caused by a typo.

Question 3

Commas

Answer 3

1) Serial Comma Rule
2) Modifier is set off from a series of antecedents by a comma - interpreted to apply to all antecedents

3) Rule of Last Antecedent - NOT set off by a comma, modifier applies only to last antecedent
- If unsure, read without the comma and apply the rule

Question 4

Serial Comma Rule

Answer 4

Directs that in a series of three times, if each is set off by a comma, then each item should be viewed as independent of the others.

Question 5

Rule of Last Antecedent

Answer 5

Example:

“People may drive cars, motorcycles, and bikes, but only on Thursday.” Means that driving cars, motorcycles, and bikes is only allowed on Thursday. “but only on Thursday” - modifiers: cars, motorcycles, and bikes

”. . . . and bikes but only on Thursday.” Means that bikes, and bikes alone, can be driven on Thursday.

Question 6

Textual Components

Answer 6

1) Title
a) Long - words following “A BILL”
b) Short - words following enacting clause
“This act may be cited as.
2) Preamble - identifies policy leading to enactment
Cannot control enacting part when enacting part is expressed in clear, unambiguous terms.

Question 7

“Purview” of the bill or statute

Answer 7

Are the words following the enacting clause; they become law, and provide the substance of the statute.

Enacting clause must precede those sections of the statute intended to have the force of law. Only the purview is technically enacted by the legislature and presented to the Executive for signature.

Question 8

Textual Canons (also known as linguistic canons)

Answer 8

1) In Pari Materia
2) Noscitur a Sociis
3) Ejusdem Generis
4) The Rule Against Surplusage
5) The Identical Words Presumption
6) Expressio (or Inclusio) Unius est Exclusio Alterius
7) Provisos

Question 9

In Pari Materia

Answer 9

words in a single section of a statute must be construed in light of the entire statute, not in isolation; same word in “related” statutes, statutes on the same subject matter, be given the same meaning.

Question 10

Expressio (or Inclusio) Unius est Exclusio Alterius

Answer 10

inclusion of one thing excludes the other. It is a rule of negative implication.

Question 11

Noscitur a Sociis

Answer 11

“it is known from its associates”

• interpret a general term to be similar to more specific terms in a series. Words that are placed together in a statute should be determined in light of the words with which they are associated.

Question 12

Noscitur a Sociis problems:

Answer 12

a) Conflicts with the Rule of Surplusage

b) Is it necessary to determine ambiguity first? Or can it be used first to determine what the plain meaning is?

Question 13

Ejusdem Generis

Answer 13

“of the same kind, class, or nature”

• interpret a general term to reflect the class of objects reflected in the more specific terms accompanying it. Used when there is a “catch all.”

Question 14

The Rule Against Surplusage

Answer 14

avoid interpreting a provision in a way that would render other words, sections, or provisions of the act superfluous or unnecessary.

“a cardinal principle of statutory construct, that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.”

Question 15

The Rule Against Surplusage

Two distinct aspects:

Answer 15

a) Every word must be given meaning

b) Different words in the same statute, particularly those in a list

Question 16

The Rule Against Surplusage

Exceptions:

Answer 16

a) Court may reject if the words are completely meaningless or inconsistent with the legislature’s intention as plainly express in the statute.
b) When words are clearly “inadvertently inserted” or where they are “repugnant to the rest of the statute.”
c) Words can be ignored if they are “patently” surplusage.

Question 17

The Identical Words Presumption

Answer 17

interpret the same or similar words in statutes to mean the same thing. Identical words in used in different parts of the same act.

Question 18

Provisos

Answer 18

clauses limiting another clause in a substantive provision. (provided that…)

Cardinal rule; where a general provision is followed by a proviso, the proviso is to be strictly construed as to take no case out of the provision that falls squarely with in its purpose.

Question 19

Rule of Lenity

Answer 19

(policy based, derived from Due Process Clause)

criminal statutes should be narrowly construed if two reasonable interpretations can be made to ensure citizens have notice of what is, and is not, criminal conduct

Question 20

Borrowed statute canon

Answer 20

A legislative enactment patterned after a statute of another state is ordinarily adopted with the prior construction placed on it by the highest court of the parent jurisdiction (at the time of enactment); subsequent decisions are merely persuasive. Presumption is that the legislature is aware of judicial interpretations in the parent state. However, may contradict public policy.

Question 21

Last-enacted Rule

Answer 21

Most recent enactment controls

Question 22

Constitutional Avoidance Doctrine

Answer 22

if there’s a way to harmonize then it will be construed as such

Harmonize unless expressly stating repeal

Question 23

Specific v. General statutes

Answer 23

a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment.

Question 24

Repeal by Implication

Answer 24

“Cardinal rule . . . that repeals by implication are not favored.” allowed only when there is an irreconcilable conflict.