Chapter 4: Words Flashcards
Plain Meaning Rule
Judges generally assume legislatures meant words in ordinary or plain sense.
Intrinsic Sources (def)
Sources that are part of the statute being interpreted.
Intrinsic Sources (ex)
Grammar, punctuation, and the linguistic canons.
Context Rule
Unless something is defined in the statute, its meaning is determined by context, rules of grammar, and common usage.
Intended Meaning Rule
Look to 1. Whether the surrounding words are technical and 2. whether the statute was directed to a technical audience.
Ambiguity (def)
Having more than one meaning when applied to the facts of the case (equally plausible meaning)
Ambiguity Rule
If the statute is determined to be ambiguous, then it opens the doors to extra-textual sources.
Absurdity Rule
If the ordinary meaning makes the statute absurd then judges should not follow that meaning.
Absurdity Rule (use)
An exception to the Plain Meaning Doctrine.
Absurdity Rule (flaws)
Some claim it lets judges make law.
Absurdity (types)
- Specific and 2. general.
Specific Absurdity (def)
Where a statute is only absurd in a specific situation.
General Absurdity (def)
Where a statute is absurd regardless of situation.
Scrivener’s Error (def)
Allows judges to fix obvious clerical or typographical errors.
Scrivener’s (use)
Subset of general absurdity.
