GRAMMAR SCHOOL
BEGINS WITH "P"
POTENT POTABLES
WACKY LATIN
POTPOURRI
100
"Shall" is a mandatory term. This word is discretionary.
What is "may"?
100
Even when the legislature speaks in the singular, its command can apply to this.
What is the plural?
100
Even when sober, the legislature may use male terms to include this.
What is female?
100
The canon of negative implication, it is literally translated "the inclusion of one thing indicates the exclusion of another."
What is "expressio unius est exclusio alterius"?
100
Sometimes called the Rule to Avoid Redundancy, this canon says that every word adds something to the statutory command.
What is the Rule Against Surplusage?
200
The use of "or" and commas is usually disjunctive. The use of "and" is this.
What is conjunctive?
200
When we apply the core canon that assumes the legislature uses words in their ordinary sense, we begin with this usage.
What is prototypical?
200
Bloody Mary: Made from a fruit or a vegetable? This canon should answer it
What is "use of a specialized meaning on technical subjects, unless it leads to an absurd result"?
200
Latin for "it is known by its associates," this canon tells us that camera manufacturers don't fall within a statute applying to income from "exploration, discovery, and prospecting."
What is noscitur a sociis?
200
The so-called "Golden Rule" requires adherence to ordinary meaning and rules of grammar unless this is the result.
What is manifest absurdity?
300
Courts will repunctuate when they find these obvious mistakes in the transcription of statutes.
What are scriveners' errors?
300
If there is doubt about the interpretation of one of these, it must be narrowly construed, because the main body of an enactment expresses the legislative policy.
What is a proviso?
300
If an ordinance says "No beer, wine, or other drinks in the park," this canon says you can still take 7-UP.
What is ejusdem generis?
300
This canon tells us that general words embrace the scope of the specific words in the same list.
What is ejusdem generis?
300
A title cannot control the plain words of a statute, but it can be considered if there is this.
What is ambiguity?
400
A qualifying phrase applies only to the immediately preceding clause, under this rule.
What is the Last Antecedent Rule?
400
Although Sutton v. United Airlines relied on one of these, the ordinary canon says it cannot trump a clear enactment.
What is a preamble?
400
If you find Ruth Seymour's phone number on the bathroom wall at the bar, it might have originated from this piece of legislation.
What is the Omnibus Budget Reconciliation Act of 1981?
400
The expressio unius canon applies only when the directive is a departure from this.
What is the normative baseline?
400
Textual canons are sometimes called this, because they help the interpreter deduce meaning using only the clues available within the statutory text.
What are intrinsic aids?
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