Sobol Exam Flashcards
Golden Rule Exception
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.
Scrivener’s Error Exception
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.
Commas
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
Serial Comma Rule
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.
Rule of Last Antecedent
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.
Textual Components
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.
“Purview” of the bill or statute
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.
Textual Canons (also known as linguistic canons)
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
In Pari Materia
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.
Expressio (or Inclusio) Unius est Exclusio Alterius
inclusion of one thing excludes the other. It is a rule of negative implication.
Noscitur a Sociis
“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.
Noscitur a Sociis problems:
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?
Ejusdem Generis
“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.”
The Rule Against Surplusage
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.”
The Rule Against Surplusage
Two distinct aspects:
a) Every word must be given meaning
b) Different words in the same statute, particularly those in a list
The Rule Against Surplusage
Exceptions:
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.
The Identical Words Presumption
interpret the same or similar words in statutes to mean the same thing. Identical words in used in different parts of the same act.
Provisos
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.
Rule of Lenity
(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
Borrowed statute canon
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.
Last-enacted Rule
Most recent enactment controls
Constitutional Avoidance Doctrine
if there’s a way to harmonize then it will be construed as such
Harmonize unless expressly stating repeal
Specific v. General statutes
a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment.
Repeal by Implication
“Cardinal rule . . . that repeals by implication are not favored.” allowed only when there is an irreconcilable conflict.
