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| Basic functions of each lawmaking body and its interactions with the others, and the process by which law is applied by the courts. |
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| Three Early Theories of Statutory Interpretation |
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Definition
Legislative Intent
Statutory Purpose
Plain Meaning |
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| Modern Standard of Statutory Interpetation |
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| look at the language/text of the statute to interpret. |
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| Ron Pair Enterprises, Inc. |
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| Look at language of statute to interpret. |
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| Title, statement of purpose, definitions, statute |
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| unless there is an indication otherwise, use ordinary meaning of a word (tomato case) |
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| Material generated during legislative process. |
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| Subsequent Legislative History |
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| post-enactment history; not very legitimate |
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| how statute first appeared and how its been amended; very helpful/legitimate source |
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| Reenactments and Interpretation |
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| Presume legislature is aware of interpretation and adopts it with reenactment |
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| EEOC v. Arabian American Oil, Co |
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| Clear Statement Rule for extending statutes overseas |
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| Interpretation of Borrowed Statutes |
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| Generally borrow interpretation |
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| Green v. Bock Laundry Machine Co. |
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| Courts will interpret a statute in a (non-absurd) way that does least violence to the text. |
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| Must apply statute as it was made. (airplane v. motor vehicle) |
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| Not the judiciary's job to provide for the present by extension of past legislation. |
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Definition
(1) Has Congress spoken directly on the precise question at issue?
(2) Is the agency's answer based on a permissible construction of the statute?
If so, defer |
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| Skidmore Informal Adjudication Test |
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Definition
Factor Test; Examine
(1) The thoroughness of the agency's investigation
(2) The validity of its reasoning
(3) The consistency of its interpretation
(4) Other persuasive powers of the agency |
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Definition
An administrative Implementation qualifies to undergo Chevron test if
(1) Congress delegated to the agency generally to make rules carrying force of law.
(2) Agency interpretation claiming deference was promulgated in exercise of that delegated authority. |
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| Modern Theories of Statutory Interpretation |
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Definition
Intentionalism
Purposivism
Textualism |
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| Bowen v. Georgetown University Hospital |
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Definition
| Congressional enactments and administrative rules will not be construed to have retroactive effect unless their language expressly requires it. |
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Term
| Landgraf v. USI Film Products |
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Definition
Steps to determine retroactive apllication
(1) See if the statute answers the retroactivity question
(2) Determine the effective date of the change.
(3) Determine the nature of the change
(4) Determine timing of the change
(5) If retroactive effect, do not apply unless statute clearly states |
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| Rivers v. Roadway Express, Inc. |
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Definition
| A statute does not operate retroactively for a case on appeal in which the incidents happened before passage of the statute. |
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| Change in habeas corpus law could not be applied to a case pending due to retroactive effect. |
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| What types of trials does Ex Post Facto limit in application of statute |
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Definition
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| What happens when conflict between two statutes? |
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| later statute will take priority |
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| Fate of unconstitutional statutes |
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Definition
| sever the unconstitutional part |
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Term
| Ayotte v. Planned Parenthood |
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| When a law is unconstitutional as applied, courts try to sever only the unconstitutional applications of the statute while leaving the rest in force. |
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| Plaut v. Spendthrift Farm, Inc. |
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| Congress cannot reopen cases in which final judgment has been passed. |
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| to enact new law/amend constitution |
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| the process through which a court decides the case before it |
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| Parts of a judicial decision |
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| syllabus/headnots, opinion, holding, decision |
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| binding decision on a particular issue |
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| non binding statements that are not part of holding |
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| precludes a party from taking a position in a case which is contrary to a position they have taken in an earlier proceeding. |
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| Rooker v. Fidelity Trust Co |
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| US District Ct has no jd over a suit where a final judgment has been rendered, after due hearing, by a state trial court with jurisdiction of the subject matter and parties, and affirmed by state supreme court. Only USSC can |
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| District Court of Columbia v. Feldman |
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| US District Courts have no jd over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state court's action was unconstitutional. |
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| obligation of inferior courts to follow the holding of other courts in their system. |
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| any decision by a states highest court on state law is binding; however, if there is no decision by that court, then federal court can apply what they find to be the state law after giving proper regard to relevant rulings of other courts of the state. |
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| State law in federal court |
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Definition
| federal courts must follow highest state court and SCOTUS |
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| Why deference to lower fed cts to state law? |
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Definition
| closer in proximity to state may know more. |
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| In re Korean Air Lines Disaster |
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Definition
| Although federal courts should strive to avoid conflicts, each should engage in an independent analysis. Binding precedent is set by SCOTUS and respective appellate court. |
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| Stare Decisis/Casey Factors |
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Definition
(1) Workability
(2) Reliance
(3) Remnant of Abandoned Doctrine
(4) Changed Facts
(5) Judicial Integrity |
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Term
| Rodriguez de Quijas v. Shearson/American Express, Inc. |
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Definition
| A lower court should apply the case that is most relevant to the situation at hand and leave it to the USSC to overturn its own decisions. |
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| Bonner v. City of Prichard |
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Definition
| Newly created federal court has option of what precedent (if any) it wants to adopt. Adopted predecessor's for reliance and stability. |
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| Singleton v. Commissioner |
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Definition
| Denial of writ means that less than 4 judges deemed it desirable to review a decision. |
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| United States Bancorp mortgage co |
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Definition
| The Court has the authority to vacate a moot case. However, the court will not vacate a case that has become moot through settlement unless there are exceptional circumstances, not merely a settlement agreement that provides for vacature |
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| Ct used international law to determine that execution of minors is unconstitutional |
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| International law used in determining that life in prison without parole for minors is unconstitutional |
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| with and without oral arguments |
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| federal courts have the discretion to dismiss petitions for untimeliness if the state does not raise the issue, as ling as they give petitioner notice and an opportunity to dispute. |
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| Greenlaw v. United States |
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Definition
| cross-appeal rule: a remedy in favor of the appellee can only be justified if the appellee brings a cross-appeal |
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| court needs to give reasons for its decisions with injunctions and non-jury trials |
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| the court should state on the record the reasons for its decisions |
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| case was deemed not retroactive due to negative effects would have. |
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| Decision not applied retroactively due to foreseeability |
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| Habeas Corpus Retroactive Decisions |
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Definition
| retroactive unless "new", in which case does not change |
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| Retroactive decisions in civil |
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Definition
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| retroactive decisions in criminal |
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| ex post fact is a limit on legislative actions. However there are some limits on ex post facto judicial decisionmaking |
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| Bouie v. City of Columbia |
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| judicial alteration of a common law doctrine violates the principle of fair warning and must not be given retroactive effect only where it is unexpected and indefensible by refernce to the the law which had been expressed prior to conduct intime. |
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| Appellate court may direct entry of judgment as a matter of law where evidence was erroneously admited at trial and that the remaining properly, admitted evidence is sufficient to constitute a submissible case. |
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| When nonconstitutional questions have not been passed on by the lower ct, the ussc can vacate the decision below and remand to be decided OR the court may answer itself |
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| Cheney v. US District Ct. for DC |
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Definition
| recusal of judge is required if, by reason of actions of a justice, his impartiality might be reasonably be questioned. |
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Term
| Caperton v. AT Massey Coal Co. Inc |
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Definition
| Justices refusal to recuse himself constituted a threat to plaintiff's right to due process under 14th amendment. |
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