Leg. Reg.

Question	Answer
Enrolled Bill Doctrine	Once 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
Rule of Lenity	Criminal statutes are narrowly viewed
Intrinsic Sources	Words, Syntax, punctuation, grammar, related statutes, and components (title, preamble, headings)
Extrinsic Sources	Legislative history, legislative Action, agency interpretation
(Soft) plain meaning rule	applied in the Holy trinity case; the plain meaning of the words with a lot of leeway on what it really meant
Textualism	1. 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
Intentionalism	1. 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
Purposivism	1. 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
Deference to Legislative Power	Textualists: 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
Plain Meaning Rule	1. 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
Ambiguity	1. same words, different meaning 2. ambiguity determined by a judge
Absurdity (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
Scrivener's Error	When the text of the regulation had a typo in it that caused a problem of ambiguity, then can correct the error (most courts hold)
First Comma Rule	when have three of more items, must have a comma after the first item
Second Comma Rule	when a modifier is set off from a series of antecedents, the modifier should be interpreted to apply to all of the antecedents
Rule of Last Antecedent	when a modifier is not set off from an antecedent by a comma, then the modifier should be interpreted to apply only to that antecedent
In Pari Matera	"part of the same material" 1. the entire textual context is relevant must be viewed in light of the entire statute
Rule against Surplusage	EVERY 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
Noscitur 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"
Ejusdem Generis	"of the same kid , class, or nature" general words should be construed to include only objects similar in nature to specific words
Expressio Unis Est Exclusio Alterus	Rule: 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
Presumption that identical words have identical meaning in the same state	if 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
Provisos	clauses 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
Long & Short Titles	courts look to these when ambiguity exists title can be short and not convey required information or intent
Preambles	typically 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
Judical silence	Justice Thomas knows he can read briefs and wants to know what the parties want to say
Absolute Stare Decisis	court does not like to overrule precedent construing statutes
4 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
Using purpose to defeat the Plain Meaning Rule	1. Resolve ambiguity or Absurdity 2. to confirm Plain Meaning 3. to defeat plain meaning 4. Holy Trinity
Borrow statute Cannon	1. 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)
Last Enacted Rule: General v Specific Statutes	choose: 1. General v. "Specific" 2. Earlier v. "Later" 3. "Earlier- Specific" v. later- General
Chevron 2 Step	1. 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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	Created by murdockshopping over 11 years ago