FLOWCHART for STATUTORY INTERPRETATION in the absence of on-point COMMON LAW
What is the legislative will or intent?
(determined by using traditional tools of statutory interpretation)
Plain Meaning
clear
ambiguous
Plain Meaning holds best source of legislative intent => still argue that legislative history supports position intent is clear
Use legislative history and other tools silent/issue not addressed by legislature
clear, expressed intent is the law & must be given effect
no agency interpretation
yes agency interpretation
court interprets statute & its interpretation holds
court determines whether: (1) agency given authority to interpret statute and (2) interpretation is reasonable/permissible
