Statutory Interpretation Flashcards
Linguistic canons
Just literary text
In pari materia
You look at the entire code or act that you are within
Consistent Usage
If using the same word, means the same thing.
Rules Against Surplasage
Not going to use the same words twice so you assume both words don’t mean the same thing.
Noscitur A Sociis
Words best understood in context by the surrounding language
Ejusdem Generis
If you have a catch all after a list, the catch all will be interpreted as the list would be
“…And the like”
Constitutional Canons
Leaning towards constitution
Rule of Lenity
In criminal or punishment, lean towards side of the defendant when ambiguous
Clear Statement Rule
Need a clear statement to go against a long standing principle
Constitutional Avoidance
Courts will not decide a constitutional question if the case can be dismissed on other grounds
Canons Based in Practical Consideration
For consideration
Statutes in Derogation of Common Law
Construed narrowly, only what statute says is what we will interpret, won’t go outside statute
Remedial Statutes
Will be interpreted in a way that will solve the problem that is currently being faced with
Contextualism
Process of using context to determine why a legislature acted to better understand what a statute means
Expressio Unius
Didn’t put on list to exclude
