LNAT Textual Interpretation 5

Question 1

A criminal statute states: 'Whoever steals money or property of another shall be guilty.' A defendant obtains money by deception but without physically taking it. Is this 'stealing' under the statute?

Accepted Answer

No, because 'steals' in its plain sense requires a physical taking without consent

Answer

Applying the literal rule, 'steals' typically denotes a physical taking; obtaining by deception may be a separate offense, not captured by the plain meaning of 'steal.'

Question 2

Which of the following best describes the difference between the mischief rule and the purposive approach to statutory interpretation?

Accepted Answer

The mischief rule looks backward to the pre-statute common law problem; the purposive approach looks at the statute's overall aim

Answer

The mischief rule (from Heydon's Case) focuses on the defect in prior law the statute remedied, while the purposive approach more broadly seeks the statute's overarching legislative purpose.

Question 3

An insurance policy covers losses 'caused by fire, flood, or other natural disasters.' A homeowner claims for losses caused by a landslide. Under ejusdem generis, is the claim covered?

Accepted Answer

Yes, if a landslide is of the same genus as fire and flood—sudden, natural, catastrophic events

Answer

Ejusdem generis limits 'other natural disasters' to the same class as the listed events (fire, flood), and a landslide fits as a sudden, catastrophic natural occurrence.

Question 4

When courts interpret the word 'shall' in a statute, it is typically read as:

Accepted Answer

Mandatory, imposing an obligatory duty

Answer

In statutory drafting, 'shall' is a term of obligation and imposes a mandatory duty on the subject of the provision.

Question 5

A court is interpreting a provision that protects 'consumers.' A small business purchases goods for resale. Is it a 'consumer' under a statute designed to protect weaker parties in transactions?

Accepted Answer

No, because a purposive reading of consumer protection legislation excludes commercial buyers making purchases for business use

Answer

Consumer protection statutes are purposively interpreted to protect individuals buying for personal use; commercial buyers are generally excluded from the protective scope.

LNAT Practice Test

LNAT Practice Test

LNAT Textual Interpretation 5