Descriptve Cannons

Question 1

Ordinary meaning principle

Definition

Answer 1

Words used in a statute are to be given their ordinary meaning in the absense of persuasive reasons to the contrary

The ordinary meaning of words without other pursuasive reasons

Question 2

Ordinary Meaning Principle

Timing

Answer 2

The ordinary meaning of the term at the time that congress enacted the statute

Question 3

ordinary meaning of the term vs. when astatute defines the term

Answer 3

courts apply the stated definition in prefrence to the ordinary meaning of the term

Question 4

ordinary meaning

May v. Shall

Answer 4

may - confers discretion
shall - conveys requirement

Question 5

ordinary meanings

and/or

Answer 5

and - together
or - either

Question 6

Argument against the ordinary meaning cannon

Answer 6

1. miss the context
2. misapply - not use when there are 2 different meanings “ambiguous”

Question 7

definitional meaning is different from ordinary meaning. definitional meaning is identifified by

Answer 7

looking up a word in the dictioney and plugging in the defintion without regard to the circumstances inwhich the word is used in the particular instance

Question 8

ordinary meaning

problem with dictionary

Answer 8

• not all dictionaries are the same
• different ways of listing words
• may not know how to properly use the dictonary
• sparks concerns with “dictionary shopping”

Question 9

The Possible Relevence of terms of Art

Terms with Technical Meaning in Particular Fields

Answer 9

The rule of construction that technical terms of art should be interpreted by refrence to the trade or industry to which they apply

Question 10

The Possible Relevence of terms of Art

When a word can have both a ordinary layperson meaning and a technical meaning

Answer 10

Use context clues to decide what definition to use

Question 11

Technical “terms of art”

Ask

Answer 11

• Are these technical terms
• Could these be techincal terms

Question 12

The Possible Relevence of terms of Art

Terms that have aquired prior meaning in law

Answer 12

In the absense of contrary indication, we assume that when a statute uses such a term. Congress indended it to have its established meaning

Question 13

Noscitur a Soclls
Expresses the idea that a word is known by

Answer 13

its companions - the words that appear around it

Question 14

Noseltur a socils usually comes up with

Answer 14

a series of words

Question 15

Noseltur a socils

A, B, C, D
- An ambigutiy in in B
(what next)

Answer 15

1. broad or narrow

Question 16

Noscitur a Soclls
The meaning we ascribe to one word is influenced by

Answer 16

the accompanying words

Question 17

Noscitur a Soclls is used most often to refer to one particular application of that ideas involving the

Answer 17

interpretation of items in a series- a list of words or phrases w/ a parrallel structure

Question 18

To apply noscitur sociis, interpreters need to identify

Answer 18

the pattern or common theme that runs throughout the series that they are interpreting

Question 19

Ejuddem Generis litteral meaning

Answer 19

of the same kind
(aka specific controls the general)

Question 20

Ejuddem Generis interprets

Aka use when there is

Answer 20

words in a series, by interpreting a residual or catchall phrase (often at the end of a series)

Question 21

Ejuddem Generis
When a specific statute sets out a series of specific items ending with a general term, that general term is…

Answer 21

confined to covering subjects comparable to the specifics it follows

Question 22

As with noscitur a sociis, cts sometimes say that ejusdem generis comes into play only when

Answer 22

there is uncertainty

Question 23

Argument against the presumption against superfluidity

Answer 23

sometimes may purposely include redundancy

Question 24

Ejuddem Generis
When a list of specific things is followed by a “catchall phrase,” the catchall phrase usually should be understood to

Answer 24

pick up somethings that the list of specific items does not already cover

Question 25

The presumption of consistant usage

Answer 25

seek guidance on meaning of a word by examining how other parts of the statute used the same word

Question 26

With the presumption of consistant usage, we presume

Answer 26

that the word has the same meaning throughout the statute

Question 27

The presumption of consistant usage is weak when a word in question

Answer 27

has several commonly understood meanings among which a speaker can alternate in the course of an ordinary conversation without being confused or getting confused.

Question 28

The presumption of consistant usage Often if word is used in 2 different places, the court will

Answer 28

proceed with idea that they have the same meaning

Question 29

Argument against presumption of consistant usage

Answer 29

multiple people write on one bill

Question 30

Presumption against superfluidity

Answer 30

words matter, every word should be given its meaning

Question 31

Presumption against superfluidity - Suppose that when read in isolation, a statutory provision might be understood in either or 2 different ways

Answer 31

Courts often say that if one of those interpretations would make either the interpretations would make either the provision itself or somthing else in the statute superfluous, that is a reason to favor the other interpretation (assuming that it would not create superfluitdity of its own)

Question 32

Expressio unius est Exclusio Alterius

Answer 32

The expression of one thing is the exclusion of another (it simply tells courts to be alert to the possiblity of negative implications)

Question 33

# Expressio unius est Exclusio Alterius Where congress explicitly enumerates certain exceptions to a general prohibition, additional exceptions...

Answer 33

are not to be implied, in the absense of a contrary legislative intent.

Question 34

# Intent v. Meaning Meaning

Answer 34

The output that interpreters should get when they apply the appropriate interpretive principles to the statutory text and the other information that the principles tell them to take into account

Question 35

# Intent v. meaning 6 ways to find meaning

Answer 35

1. relationship to other things 2. context, structure 3. legis. historical context 4. dictionary - look at dictionary from the statutes time 5. consequences, outomes 6. common usage of a word