Textual Interpretation Flashcards
7 cards from real LNAT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Textual Interpretation flashcards as text
A statute states: 'No person shall operate a vehicle on public roads after consuming alcohol.' A defendant argues the word 'operate' requires physical movement of the vehicle. Which interpretive approach best supports this argument?
Answer: Literal interpretation
Literal interpretation focuses on the ordinary, plain meaning of the words used, so 'operate' would mean actively driving or moving the vehicle.
A lease agreement states tenants must give '30 days written notice.' A tenant emails notice 30 days before departure. The landlord argues email is not 'written notice.' Which canon of construction is most relevant?
Answer: The ordinary meaning rule
The ordinary meaning rule requires words to be given their everyday meaning, and 'written' in contemporary usage typically encompasses electronic text.
A court encounters the phrase 'any animal' in a statute prohibiting cruelty to animals. To determine if insects are included, which tool would be most appropriate?
Answer: Dictionary definitions and biological classification
Dictionary definitions and scientific classification help establish the ordinary scope of 'animal' and whether it includes insects taxonomically.
Which of the following best illustrates the difference between ambiguity and vagueness in legal texts?
Answer: 'Bank' (river or financial) is ambiguous; 'tall person' is vague
'Bank' is ambiguous because it has two distinct, discrete meanings, while 'tall' is vague because its boundary is unclear across a spectrum.
A contract clause reads: 'The seller warrants goods are fit for purpose, merchantable, and of satisfactory quality.' A buyer claims a further implied warranty of safety. Under ejusdem generis, is this warranted?
Answer: No, because ejusdem generis limits implied terms to the genus established by the listed words
Ejusdem generis restricts general terms to the same class as specifically listed examples, so additional implied warranties outside that genus are not supported.
A judge reads a statute and finds that applying the plain meaning produces an absurd result. She departs from the literal text. Which rule does this exemplify?
Answer: Golden rule
The golden rule allows courts to depart from the literal meaning to avoid absurdity while remaining as close to the plain words as possible.
The phrase 'reasonable time' appears in a commercial contract with no further definition. A court must interpret this phrase. What is the strongest basis for determining what is 'reasonable'?
Answer: Industry custom and practice in similar transactions
In commercial law, 'reasonable time' is typically measured by industry custom and what parties in similar trades would expect.