Statutory Interpretation Flashcards
What is purposivism?
The notion that Congress adopts legislation for a reason and that courts should read statutory provisions to advance the legislation’s purpose or general aims.
What is textualism?
The notion that interpreters should strive to discern how reasonable people would understand the semantic import or usage of the precise statutory language adopted.
What is avoiding absurdity?
Constructing a statute’s text so as to avoid absurd results if a clear reading would otherwise do so.
Ordinary-Meaning Canon
Words are to be understood in their ordinary meanings–unless context suggests a technical sense.
Omitted-Case Canon
Nothing is to added to what the text states or reasonably implies.
General Terms Canon
General terms are to be given their general meanings.
Negative-Implication Canon
The expression of one thing implies the the exclusion of others.
Mandatory/Permissive Canon
Mandatory words impose a duty; permissive words grant discretion.
Last-Antecedent Canon
a pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent.
Series-Qualifier Canon
When there is a straightforward, parallel construction that involves all nouns or verbs, a prepositive or postpositive modifier normally applies to the entire series.
Presumption of Consistent Usage
A word or phrase is presumed to bear the same meaning throughout a text; a material variation in terms suggests a variation in meaning.
Surplusage Canon
If possible, every word and every provision is to be given effect.
Harmonious Reading Canon
The provisions of a text should be interpreted in a way that renders them compatible, not contradictory.
General/Specific Canon
If there is a conflict between a general provision and a specific provision, the specific provision prevails.
Associated-Words Canon
Associated words bear on one another’s meaning.
