Statutory Interpretation

in pari materia

read laws as one body

noscitur a sociis

resolve ambiguous terms via associates (e.g. bank - geographical feature vs. money place)

ejusdem generis

limit general words to same kind as preceding terms

expressio unius

what is excluded is intentionally left out

no surplusage

inclusions are on purpose

conjunctive / disjunctive

and requires all; or requires any

grammar

normal rules of grammar

title & headings

sometimes more persuasive because lawmakers busy

presumption of consistent usage

same word, same meaning

punctuation

punctuation has a meaning

last antecedent

qualifier only modifies immediately preceding phrase

absurdity

law as written is flawed if interpreted with strict literallism

ordinary meaning

interpret the law as a reasonable person would

constitutional avoidance

read the law in a manner consistent with the constitution

dog that didn’t bark

no major changes through minor language

rule of lenity

interpret in light most favorable to criminal defendant

federalism

presumes preservation of federal state relationship

presumption of non-retroactivity

presumes laws are prospective

legislative acquiescence

silence (especially if other part of law amended) after administrative decision / court ruling implies legislative consent

textualism

use only the text, don’t examine external factors (but not only words, include structure, title, etc.)

purposivism

examine the harm the law was passed to mitigate (look to title, legislative history)

intentionalism

examine the means the legislature meant to use to mitigate the harm

legislative supremacy

statute > common law

Unzueta

M: absurdity strips power from legislature. words are clear so court can’t rewrite. purpose to make whole, so offset compensation

D: majority slaves to tyranny of literalness; distinction bw text & “real statute” (purposive approach)

Filmore

intestate succession blocked by common law “can’t benefit from wrong” principle

Deem

No killer exception in statute of descents (intestate): index animi sermo → legitimate heir.

Riggs

legislature couldn’t have intended to allow murderer to profit from crime (through will)

Wadsworth

statutory minimum given to spouse, can’t be disinherited; slayer statute barring “adjudged guilty” from inheriting. expressio unius allows manslaughter convict to collect

Shrader

bars inheritence when “finally adjudged guilty” - never charged, convicted, or pled, only civil liability. Expands Filmore to civil cases bc absurd to apply higher standard than crim

Holy trinity

purposivism

Bellew

Ashcroft

Learning Resources

Skidmore

agency determination persuasive; function of thoroughness, reasoning, consistency, and expertise

Chevron

Agency deference

Loper-Bright

Court: we can interpret. Overrides Chevron, but Skidmore survives