Leg-Reg Survival Guide Notes

Leg-Reg Survival Guide

Overall Strategy

• Focus on essential strategies to avoid panic during finals.

• Importance of understanding intrinsic and extrinsic sources along with their applications.

Key Points to Review

• Extrinsic Sources:

  • Identify the hierarchy of importance among various sources.

  • Review policy-based sources and their applicable rules.

  • Familiarize yourself with agencies and the standard of review (SoR).

  • Understand the basics of rulemaking and the appropriate standard of review that applies.

Agency Interpretation

• Prioritization Framework:

  • Review the sources provided and prioritize based on the interpretative approach of the judge:

  • Intentionalist (focus on purpose of the law)

  • Purposivist (consider the broader purpose of law and agency)

  • Textualist (literal text interpretation)

• Consider factors influencing whether an agency's interpretation is reasonable or unreasonable.

Important Considerations for Writing Essays

• When Approach Essay Questions:

  • Start by reading the call of the question for the judge's stance and review criteria.

  • Evaluate the titles of the sources included and prioritize their significance.

  • Distinguish between intrinsic and extrinsic sources for importance.

  • Analyze the facts thoroughly, highlighting key aspects related to the legal issue at stake.

  • Construct a pros and cons table to delineate arguments for and against the enforcement of an agency's interpretation.

  • While studying the facts and sources, highlight crucial points and make bullet notes for clarity.

  • Organize your thoughts around the structured steps of the linear approach for effective writing.

Sources Overview

• Intrinsic Sources:

  • Definitions should follow specific linguistic canons:

  • Plain and Ordinary Meaning: This is preferred except where technical meaning applies. Generally referenced in definitions or fact patterns.

  • Ambiguity: Occurs when there are two reasonable interpretations.

  • Absurdity: Represents instances deemed shocking or clearly contrary to Congress' intent.

  • Various canons to keep in mind:

    • In pari materia (laws on the same subject)

    • Presumption of consistent usage

    • Noscitur a sociis (words are interpreted in context)

    • Ejusdem generis (of the same kind)

    • Rule against surplusage (no redundancies)

    • Expressio unius est exclusio alterius (the expression of one is the exclusion of another)

• Extrinsic Sources:

  • Categories include:

  • Conference documents from both House & Senate.

  • Committee Reports from both chambers.

  • Drafts and amendments relevant to bills.

  • Floor statements during debates.

  • Unenacted Bills, which are rarely used.

  • Canon of Congressional Silence: Meaning derived when Congress does not respond to a specific issue.

  • Important considerations include relevance to the judge, prioritization in argumentation, and comparative value of documents for supporting arguments.

Harmonizing Statutes

• When faced with conflicting sections of an act:

  1. Harmonizing Approach: The assumption is that the legislature did not intend to conflict with existing laws. Judges should attempt to reconvene the conflicting statutes.

  2. Specific vs General Statutes: Determine which statute offers a more specific regulation. The specific one will govern.

  3. New vs Old Legislation: The most recent statute takes precedence when all else fails.

  4. Repeal by Implication: Such actions are generally disfavored by courts.

Final Reminders

• For a comprehensive understanding, agencies and standard of review materials should be cross-referenced with Agency slides.

• Refer back to the specific slides for in-depth understanding, particularly Slide 8.

• Encouragement provided to reach out for clarification on any topic as needed.