Flashcards
Leg. Reg.
Cards in this deck (32)
- 1Enrolled Bill DoctrineOnce the president signs a bill, the signed form is considered law
The courts usually refrain from questioning the bill once it has become signed into law - 2Rule of LenityCriminal statutes are narrowly viewed
- 3Intrinsic SourcesWords, Syntax, punctuation, grammar, related statutes, and components (title, preamble, headings)
- 4Extrinsic SourcesLegislative history, legislative Action, agency interpretation
- 5(Soft) plain meaning ruleapplied in the Holy trinity case; the plain meaning of the words with a lot of leeway on what it really meant
- 6Textualism1. looks specifically at the statute text and takes straight from there
2. Texualists see themselves as agents to deliver the exact message of the text - 7Intentionalism1. Tries to figure out the legislative intent, looks to other sources to find out what the authors were discussing and thinking when created the statute
2. start with statute
3. problem: how do you figure out the intent each time interpreted, may not have a consistent approach - 8Purposivism1. look to the statutory intent
2. Try and figure out what it was intended to do
3. looks at the broadest view
4. Always starts with statute
5. Disadvantage: may have multiple purposes, so hard to decipher - 9Deference to Legislative PowerTextualists: provide least deference to the legislature by not looking at legislative history
Purposivists: look at the situation surrounding
Intentionalists: try and figure out the intent and can get it wrong - 10Plain Meaning Rule1. Stick to the text
2. says the audience expects a certain result
3. have to look at all of the words around since words are naturally imprecise - 11Ambiguity1. same words, different meaning
2. ambiguity determined by a judge - 12Absurdity (Golden Rule Exception)1. if the plain meaning leads to an absurd result, look at the words around to show this was not the intent
2. MUST lead to a result that is so gross it shocks the conscience - 13Scrivener's ErrorWhen the text of the regulation had a typo in it that caused a problem of ambiguity, then can correct the error (most courts hold)
- 14First Comma Rulewhen have three of more items, must have a comma after the first item
- 15Second Comma Rulewhen a modifier is set off from a series of antecedents, the modifier should be interpreted to apply to all of the antecedents
- 16Rule of Last Antecedentwhen a modifier is not set off from an antecedent by a comma, then the modifier should be interpreted to apply only to that antecedent
- 17In Pari Matera"part of the same material"
1. the entire textual context is relevant
must be viewed in light of the entire statute - 18Rule against SurplusageEVERY WORD MATTERS
1. every word has to be given meaning
2. different words in the same statute cannot mean the same thing
Exception: can ignore meaningless words - 19Noscitur a sociis (NAS)Context matters
textual context- bay means body of water, horse, or bark
Lists- words are grouped together in a list and see how they relate to each other
"it is known from its associates" - 20Ejusdem Generis"of the same kid , class, or nature"
general words should be construed to include only objects similar in nature to specific words - 21Expressio Unis Est Exclusio AlterusRule: by including a list of specific items and not using the catchall, the legislature meant to exclude items not listed
Presumption: that the legislature acted in a particular way - 22Presumption that identical words have identical meaning in the same stateif a word is used in the same statute, then the word should have been identical meaning
-facts can overcome this presumption, but as a consequence allow a court to ascribe different meaning to the same word - 23Provisosclauses limiting another clause in a substantive provision
- "provided, that" or "provided, further"
- limits the effect of a statutory provision or create an exception to a general rule - 24Long & Short Titlescourts look to these when ambiguity exists
title can be short and not convey required information or intent - 25Preamblestypically identify the purpose of the bill and precede the enacting bill
- purpose clauses are contained in the preamble preceding the enacting clause
- judges don't always need to look at, but it can affect the outcome - 26Judical silenceJustice Thomas knows he can read briefs and wants to know what the parties want to say
- 27Absolute Stare Decisiscourt does not like to overrule precedent construing statutes
- 284 Steps to determine purpose (Heydon's Case)1. Law prior to the Act
2. Problem with existing law- "Mischief"
3. Remedy selected by the legislature
4. Construe the Act in a way that suppresses the mischief and advances the remedy - 29Using purpose to defeat the Plain Meaning Rule1. Resolve ambiguity or Absurdity
2. to confirm Plain Meaning
3. to defeat plain meaning
4. Holy Trinity - 30Borrow statute Cannon1. Adopt a statute form another jurisdiction is taken as the of the law set by the highest court of the borrowed state at the time the statute is adopted
2. when take the statute, you take how it was interpreted
3. if the original state changes the way interpreted, that interpretations does not apply to the new state (after adoption) - 31Last Enacted Rule: General v Specific Statuteschoose:
1. General v. "Specific"
2. Earlier v. "Later"
3. "Earlier- Specific" v. later- General - 32Chevron 2 Step1. Step 1 a. first look at the text to see what the issue is (has Congress spoken clearly on the issue)
b. I the agency rules are in line with this, then give deference to this
2. Step 2- Only if the court finds the statute ambiguous, then the court must look at how the agency resolved the ambiguity
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- Statutory interpretation and admin law
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- murdockshopping
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