Substantive Canons Flashcards

(3 cards)

1
Q

rule of lenity

A

ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity to the defendant

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2
Q

constitutional avoidance

A

when an interpretation of an ambiguous statute would be unconstitutional, choose another one that would be constitutional

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3
Q

federalism clear statement rule

A

a statute will not include a certain party within its scope unless it is plainly stated to do so within the statute

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