Statutory Interpretation

Plain Meaning: word definition and ordinary usage

• Plain Meaning Unreliable: 
• (1) Absurdity: plain meaning leads to an absurd result
• (2) Ambiguity: plain meaning can be interpreted in two equally plausible ways 
• (3) Scrivener's Error: obvious clerical error

Expressio Unis: including something means excluding the other

Noscitur a sociss: meaning of a word inferred by meaning of words associated with it

Ejusdem generis: specific words in a series indicates class of items the statute applies to and general word extends statute to everything else in that class

Yates (fish not included within other tangible object since not in class described)

Rule against surplusage: must interpret statute to make all parts necessary

• In pari material: 
• (1) words in a section must be interpreted in light of entire statute 
• (2) same word in related statues given same meaning

Rule of the Last Antecedent: A limiting clause or phrase modifies the noun or phrase it immediately follows

Provisos: exceptions to a general rule should be narrowly construed

Legislative Action: intent of legislature in enacting statute 

Legislative Inaction: inaction provides meaning of intent

Requirement: rule of last resort after attempting to define meaning 

• Rule of Lenity: ambiguous criminal statutes interpreted in narrower of two reasonable interpretations to provide notice of criminal conduct
• Dauray (3 distinct sexual depictions of minors ambiguous since book can contain many & defendant had 3+ photos) 

Mischief Rule: statute interpreted in manner to promote the purpose of its enactment

Muscarello (carry firearm read as carry in car to promote purpose of leaving gun at home)  

Sherman (or read as and to promote purpose of truthful response under oath & narrow defense) 

Derogation of Common Law: statues against common law are narrowly interpreted 

Remedial Statutes: statutes providing remedy are broadly interpreted

Non-retroactive: law takes effect after enactment 

Repeals: repealing a statute by implication is not favored without clear legislative intent

Keeler (killing unborn viable fetus is excluded in murder statute and enlargement would deprive notice)