Chapter 3 Quiz notes

Statutory Interpretation

The process through which judges give meaning to statutes when they are applied to individual disputes.

Canons of Construction

The rules of interpretation developed by the common law that help guide judges through the task of statutory interpretation.

Common Law

The body of law that is developed when judges apply statutes to individual cases and explain their reasons in written decisions.

Judgment

The written reasons provided by a judge to explain their decision at the end of a trial.

Case Law

Judicially constructed law established by decisions in specific court cases, with Supreme Court decisions deemed as final case law.

Precedent

A judgment or decision of a court of law cited as an authority for deciding a similar set of facts.

Persuasive Authority

Legal authority from another jurisdiction that may inform a judge but is not binding.

Binding Authority

Legal authority that must be followed by a judge in a lower court.

Literal Meaning Rule

Judges take the plain, ordinary meaning of the words in the law.

Golden Rule

Judges start with the literal meaning, but can modify it if it leads to absurd results.

Mischief Rule

A statute will be interpreted in light of the legal wrong (‘mischief’) that it sought to remedy.

Limited Class Rule

A general term following a list of specific words is interpreted to include only similar words.

Ejusdem Generis

Latin term meaning 'of the same kind,' used in legal interpretation.

Expression of One is the Exclusion of the Other Rule

When specific things are mentioned in a statute, others not mentioned are excluded.

Rule in Heydon’s Case

A rule stating that the intention of a statute is derived from understanding the 'mischief' the law aims to correct.

Rule in Penal Statutes

An ambiguity in a penal statute is resolved in favor of the party facing penalties.

Cruel and Unusual Punishment

A punishment that is so excessive it outrages society's standards of decency.

Mandatory Minimums

The lowest penalty that can be imposed for a particular crime.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Binding Precedent

A past legal decision that lower courts are obliged to follow.

Persuasive Precedent

A past legal decision that may influence a decision but is not mandatory to follow.

Common Understanding

The ordinary, everyday meaning of words, which should take precedence in statutory interpretation.