Why is legislative history considered 'less likely to be controlling' in construing criminal statutes compared to civil statutes?
Explanation
This question tests the understanding of a nuanced point about statutory interpretation, specifically why the 'fair warning' principle of criminal law makes reliance on legislative history less appropriate.
Other questions
According to the chapter, what is the source of administrative law?
Which of the following is provided as an example of a federal agency that enacts regulations against environmental crimes?
What is the origin of American common law as described in the text?
According to LaFave's description of English common law, which of these crimes was created by judges during the period from 1660 to 1860, not earlier?
What is a key difference between the common law tradition and the civil law tradition as explained in the text?
The term 'case law' refers to legal rules announced in opinions written by which group?
What does the Latin phrase 'stare decisis' mean, according to the text?
According to the text, which of the following is NOT an advantage of stare decisis?
How can a court 'get around precedent' as described in the text?
In the federal system, if the U.S. Supreme Court has not ruled on an issue, what must federal trial courts and federal appellate courts do?
What is described as the 'most compelling basis' for a court to overturn precedent?
What is a 'matter of the first impression'?
In the case of Caminetti v. United States (1917), what approach to statutory interpretation did the Court articulate?
What does the 'rule of lenity' direct a court to do when interpreting a statute?
The doctrine of 'in pari materia' directs a court to interpret an ambiguous statute in what manner?
What is the primary purpose of court rules of procedure as described in the text?
Who is responsible for making the court rules of procedure that regulate lower courts in a jurisdiction?
According to the final section 'Okay, so where do I look to see if my behavior is prohibited?', what is the recommended starting point for determining if a behavior is illegal?
What condition must be met for administrative regulations to be enforceable by the courts?
What is the status of federal common law crimes in the United States?
The text describes the Anglo-American legal system as a 'mixed system.' What two types of rules does this system combine?
Trial courts must follow precedent when they decide which type of questions?
What example does the text provide for a 'question of fact' that would be decided by a juror?
What reason does Justice Cardozo give for the importance of stare decisis, as quoted in the text?
What is a 'strict constructionist approach' to statutory interpretation?
The doctrine of 'expressio unius est exclusion alterius' holds that when a legislative body includes specific items in a statute, it is assumed that:
What example of a common law rule that changed due to scientific development is mentioned in the text?
What is a potential danger of a strict 'plain meaning' approach to statutory interpretation, according to the text?
Besides supreme courts, who else is mentioned as being able to pass court rules governing day-to-day practice?
What does LaFave note about the power of judges to declare conduct criminal for tending to 'outrage decency' or 'corrupt public morals'?
What factor led to significant differences in common law rules among the various American states, according to Kerper?
The text notes that courts are more reluctant to override precedents in which field of law?
What is the third approach to statutory interpretation identified by LaFave, which asks how a common person at the time of enactment would have understood the law?
LaFave identifies a difficulty when a court realizes a prior interpretation of a criminal statute was wrong. What is the central problem created by the retroactive nature of case law that overrules precedent?
What is the general maxim of statutory interpretation that governs the relationship between special and general language?
Which source of law is NOT listed in the introductory paragraph of the chapter '3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules'?
Why did legislatures have to step in and enact statutes for crimes like false pretenses and embezzlement in England?
What is the key role of precedent in the doctrine of stare decisis?
When a court is deciding a matter of first impression, what might it look to for guidance?
The case Trop v. Dulles (1958) is used as an example of a court overturning a prior decision based on what grounds?
What is the purpose of local court rules, as exemplified in the text?
What power did common law courts in England never acquire, leading these activities to not become common law crimes?
What is one technique mentioned by which a defendant may go free even if an erroneous precedent that favored them is overruled?
What is the role of a local bar association in the creation of local court rules, according to the text?
Which statement best describes the final authority of common law rules in the Anglo-American system?
What is the primary benefit of stare decisis in contributing to the integrity of the constitutional system of government?
According to the text, when American courts first began developing their own common law, on what did they initially rely?
Which of the following describes the advantage of 'equality' provided by stare decisis?
What does the text say is one of the most important sources of criminal law in the United States?