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Notes on Getting to Maybe

Forks in the Road

8/5/2011 12:21:00 PM

Rule v. Counter Rule  Dispute is solved in two different manners, one way uses common law interpretations the other uses a statue  Competing Interpretations o Different interpretations of the same rule lead to different outcomes. Ex) No vehicles allowed in the park. –Do tricycles count as vehicles?  Discrepancies are determined by language or purpose Ex) Tricycle is a vehicle v. Rule was meant to keep motored vehicles out of the park Plain Meaning v. Purpose Issues o Ex) Statute requires writing for a grievance to be filed, plaintiff can only produce an email account -> Email is not writing (plain meaning) but the implied purpose of the statute is to avoid “He said/ She said” and an electronic document provides evidence of this issue

Sources of Purpose  Legislative Intent o Legislative History – official reports of legislative committees, bills, any correspondence from the body creating the legislation that may shed light on the purpose/circumstances that lead to the creation/implementation of the rule. o Other Provisions of the Statute – looking further into the statute for specific penalties or clauses that may illustrate the main purpose of the legislature. Ex) in park hypo, revocation of license if caught using vehicle in the park may point to a motorized vehicle prohibition over the tricycle. o Official Comments – uniform statutes such as the U.C.C have official comments that explain the purpose of various provisions. o Real World Catalyst – what was the legislature reacting to when it was being drafted Policy Analysis

What problems are socially relevant and what provisions in this rule will address these issues Purpose as a source of Statutory Ambiguity  Competing Purposes o Whistle blower analogy -> Statute may have many purposes . What does society think of the rule.o Imagine you are a legislator. think of the policies the new rule is meant to strengthen or over-turn.

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