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    2 Flowchart Statinterp

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    sandyy08
    The document outlines a flowchart for statutory interpretation when there is no applicable common law. It begins with determining the legislative intent using traditional interpretation tools like plain meaning. If the plain meaning is clear, that intent is the law. If ambiguous, legislative history and other tools may be used. If the intent is clear from history, that holds. If the issue was not addressed, courts interpret the statute. If an agency interpreted it, courts determine if the agency was authorized and if the interpretation is reasonable.

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    2 Flowchart Statinterp

    Uploaded by

    sandyy08
    2K views1 page
    The document outlines a flowchart for statutory interpretation when there is no applicable common law. It begins with determining the legislative intent using traditional interpretation tools like plain meaning. If the plain meaning is clear, that intent is the law. If ambiguous, legislative history and other tools may be used. If the intent is clear from history, that holds. If the issue was not addressed, courts interpret the statute. If an agency interpreted it, courts determine if the agency was authorized and if the interpretation is reasonable.

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    The document outlines a flowchart for statutory interpretation when there is no applicable common law. It begins with determining the legislative intent using traditional interpretation tools like plain meaning. If the plain meaning is clear, that intent is the law. If ambiguous, legislative history and other tools may be used. If the intent is clear from history, that holds. If the issue was not addressed, courts interpret the statute. If an agency interpreted it, courts determine if the agency was authorized and if the interpretation is reasonable.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    2K views1 page

    2 Flowchart Statinterp

    Uploaded by

    sandyy08
    The document outlines a flowchart for statutory interpretation when there is no applicable common law. It begins with determining the legislative intent using traditional interpretation tools like plain meaning. If the plain meaning is clear, that intent is the law. If ambiguous, legislative history and other tools may be used. If the intent is clear from history, that holds. If the issue was not addressed, courts interpret the statute. If an agency interpreted it, courts determine if the agency was authorized and if the interpretation is reasonable.

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    FLOWCHART for STATUTORY INTERPRETATION in the absence of on-point COMMON LAW

    What is the legislative will or intent?

    (determined by using traditional tools of statutory interpretation)

    Plain Meaning

    clear

    ambiguous

    Plain Meaning holds best source of legislative intent => still argue that legislative history supports position intent is clear

    Use legislative history and other tools silent/issue not addressed by legislature

    clear, expressed intent is the law & must be given effect

    no agency interpretation

    yes agency interpretation

    court interprets statute & its interpretation holds

    court determines whether: (1) agency given authority to interpret statute and (2) interpretation is reasonable/permissible

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