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
Does specific or general statutory language control?
Specific
Do later or earlier statutes control?
Later statutes control
General statute
Universally
Specific statute
Only in certain situations
Ex Post Facto
Can’t punish someone for something that wasn’t illegal at the time
Legislative History Criticisms
Constitutionality
Accessibility and cost considerations
Reliability
Are past, nominal, and moral consideration, good consideration?
No
