The Cannons of Statutory Construction The Rule Against Surplusage If possible, each word/phrase has meaning Encourages narrow

ow interpretation Noscitur a sociis List without a catchall Common traits limit the terms Ejusdem Generis List with a catchall Catchall limited by the common traits of the preceding words Expressio Unius Including terms precludes other terms Look for indicators that the terms or phrases are either exhaustive or abridged E.g. the words may include = abridged, whereas the word only = exhaustive, also look for a series, sharp contrast, and context to help decide if its exhaustive or abridged. In Pari Materia aka The Whole Act Rule 1. Words in a section read in context of the whole statute 2. Also read in context with related statutes (scope v. aim) Identical Words Presumption Words have the same meaning in the text They also potentially have the same meaning across related statutes Punctuation Traditionally, irrelevant (scribes did all the punctuation, judges just talked) Today, minor element, judges dont give it much weight Rule of the Serial Comma The first term in a list is the first word or phrase to be bound by a comma E.g. real property and buildings, v. real property, buildings, Former: Real property and buildings is a single lexeme Latter: Real property is a lexeme and buildings is another separate lexeme The Last Antecedent Rule Qualifiers/Restrictive Phrases only modify the immediately preceding word, phrase, or clause If the qualifier is set off by commas, it can apply more expansively E.g. planes, trains, and cars with blue paint = any plane, any train, only blue cars E.g. planes, trains, and cars, with blue paint = blue planes, blue trains, and blue cars Courts invalidate this rule whenever the evident meaning leads to a different result, i.e., they give this cannon very little weight Provisos v. Savings Clauses Provisos, e.g., provided that construed narrowly

The Cannons of Statutory Construction Savings Clauses, e.g., notwithstanding construed broadly