Question
On the whole, when interpreting statutes, agencies tend to attach even greater weight than courts to the perceived purpose or subjective intent of the legislature.
On the whole, when interpreting statutes, agencies tend to attach even greater weight than courts to the perceived purpose or subjective intent of the legislature.
True
False
Most purposivist judges accept the proposition that legislative history may be used to clarify ambiguous statutory text but may not be used to unsettle the meaning of clear statutory text.
True
False
Most textualist judges accept that a legitimate judicial role is, to the extent possible, fitting new statutes harmoniously into the preexisting body of statutes.
True
False
The Skidmore doctrine may produce a range of outcomes, from no deference at all to considerable deference.
Group of answer choices
True
False
The courts accord deference to an agency's view of a statute only if the agency in question has been charged by the legislature with the authority and obligation to implement the statute in question.
True
False
The spirit in which a court applies a standard or test is more important to the outcomes of actual cases than the verbal formulation in which the court casts that standard or test.
True
False
The "constitutional avoidance" canon is widely, although not universally, accepted.
Group of answer choices
True
False
The "inaction" canon is another name for the "reenactment without change" canon.
True
False
Marbury v. Madisonestablished the principle of judicial review in federal law.
True
False
Dictais a latin term meaning "the holding of a case."
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