LEGISLATION AND REGULATION PRACTICE
QUESTIONS & ANSWERS
A state statute, enacted to protect children at pools during the summer, provides that
"children cannot be left unattended on floats in a recreational area." What would a
purposivist likely focus on when interpreting the statutory language?
A. A purposivist would look only at the text, as a way to promote more careful drafting by
the legislature.
B. Like Justice Scalia, a purposivist would look primarily at the intent of the original
drafters.
B. by going beyond the text, a purposivist would seek to further the purpose of the
statute, which is to protect children from drowning.
D. whether porpoises are also entitled to be in the area. - Answers - C. By going beyond
the text, a purposivist would seek to further the purpose of the statute, which is to
protect children from drowning.
Explanation:
Here, C would be correct. A purposivist focuses on the broad goals of the statute.
A supports the view of a textualist
B makes incorrect statements about Justice Scalia and purposivism
D is silly
You are a lobbyist employed by a local environmental conservation organization. The
organization's president has voiced concerns to you about the amount of waste that is
allowed to be dumped into the state's rivers and streams under current law. The
organization is concerned that the current pollutant level remains too high and is
continuing to adversely affect plant and animal life throughout the state. As a lobbyist
employed by the environmental organization, what would be the most effective way to
see stricter federal legislation passed that will further your organization's environmental
goals?
A. Introduce a bill in the House or Senate with stricter limitations.
B. Contact the White House counsel and ask her to introduce a bill in the House or
Senate with stricter limitations.
C. Contact your local senator, who is the minority member of the Senate Committee of
Natural Resources and the Environment, and reques - Answers - D. Contact the Chair
of the House Committee of Natural Resources and the Environment and request that
she introduce a bill with stricter limitations.
Explanation:
The correct answer is D because the Committee Chair is appointed by the majority
party and will have the greatest amount of influence on what bills get introduced and
,heard. Gaining support from the majority party will also allow for a greater chance that
your bill will pass with a majority vote.
Which of the following statements best characterizes the difference between
functionalist and formalist judges in the context of interpreting statutes?
A. Functionalists prioritize the original legislative intent, while formalists focus on the
plain text of the statue
B. Functionalists emphasize the historical context of the statute, whereas formalists
emphasize the social consequences of the statute.
C. Functionalists rely on precedent and stare decisis, while formalist consider the
statute's practical application
D. Functionalists are more concerned with statutory ambiguity, while formalists
emphasize the statute's symbolic meaning. - Answers - Correct Answer: A.
A) Functionalists prioritize the original legislative intent, while formalists focus on the
plain text of the statute.- This statement accurately characterizes the main difference
between functionalist and formalist judges. Functionalists believe that the primary goal
of statutory interpretation is to discern and fulfill the original legislative intent behind a
statute, often looking beyond the plain text to consider the purpose and context in which
the law was enacted. In contrast, formalist judges place a stronger emphasis on
interpreting the statute based on its literal and plain language.
B) This option presents a somewhat misleading characterization of both approaches.
While functionalists do consider the historical context of a statute, they do so to
understand the legislative intent, not just for its own sake. Formalists also consider
context but prioritize the plain text of the statute rather than historical context alone.
C) This statement is not an accurate distinction between functionalists and formalists.
Both types of judges may consider precedent and stare decisis, although the weight
they give to precedent may vary. Their primary difference lies in their approach to
interpreting statutory language.
D) This option does not accurately distinguish between functionalist and formalist
judges. Both functionalists and formalists may address statutory ambiguity, but their
approach to resolving it differs. Functionalists may use legislative history and intent to
clarify ambiguity, while formalists may be more inclined to stick strictly to the plain text,
even in cases of ambiguity.
Which of the following is the correct order of possible steps through which a bill
becomes a law?
A. Draft, introduction, subcommittee, house rules committee, house committee of the
whole, president, full house/senate
B. Introduction, draft, subcommittee, house rules committee, house committee of the
whole, full house/senate, president
C. Draft, introduction, house committee of the whole, house rules committee,
subcommittee, president, full house/senate
, D. Draft, introduction, subcommittee, house rules committee, house committee of the
whole, full house/senate, president - Answers - The correct answer is D. Draft →
Introduction → Subcommittee → House Rules Committee → House Committee of the
Whole → Full House/Senate → President
Explanation:
A. A bill cannot be sent to the desk of the President before it has been passed through
both houses. After a bill has passed through both houses, but remains unsigned by the
President, it is known as an "Enrolled Bill".
B. A bill cannot be introduced and assigned until it has been physically drafted.
C. A bill cannot be introduced to the full House or Senate committee before it has
passed through a subcommittee.
D. This is the only correct option available. There is the possibility that a bill will be
referred to a conference committee or the President will veto the bill and Congress
votes to override, but neither of those options are available answers.
Which statement is correct regarding the focus of the theory of interpretation and the
sources that a judge using that theory.
A. Intentionalism focuses on the text of the act and looks at the ordinary, public meaning
of the text at the time it was enacted. A judge using the theory of intentionalism would
most likely focus on the text and may use other intrinsic sources.
B. Purposivism focuses on the reason the legislature enacted the act and looks at the
legislature's general intent or purpose. A judge using the theory of purposivism would
likely look at intrinsic, extrinsic, and other policy-based sources, even if the text is not
ambiguous
C. Textualism focuses on the enacting legislature's specific intent on the precise issue
presented to the court. A judge using the theory of textualism would likely look at
intrinsic and extrinsic sources.
D. Intentionalism focuses on the reason the legislature enacted the ac - Answers - B.
Purposivism focuses on the reason the legislature enacted the act and looks at the
legislature's general intent or purpose. A judge using the theory of purposivism will look
at intrinsic, extrinsic, and other policy-based sources.
Explanation:
B is the correct answer because purposivism focuses on the general intent of the
legislature and a purposivist will look at intrinsic, extrinsic, and policy-based questions.
A is incorrect. The theory being described is textualism.
C is incorrect. The theory being described is intentionalism.
D is incorrect. The theory being described is purposivism.
QUESTIONS & ANSWERS
A state statute, enacted to protect children at pools during the summer, provides that
"children cannot be left unattended on floats in a recreational area." What would a
purposivist likely focus on when interpreting the statutory language?
A. A purposivist would look only at the text, as a way to promote more careful drafting by
the legislature.
B. Like Justice Scalia, a purposivist would look primarily at the intent of the original
drafters.
B. by going beyond the text, a purposivist would seek to further the purpose of the
statute, which is to protect children from drowning.
D. whether porpoises are also entitled to be in the area. - Answers - C. By going beyond
the text, a purposivist would seek to further the purpose of the statute, which is to
protect children from drowning.
Explanation:
Here, C would be correct. A purposivist focuses on the broad goals of the statute.
A supports the view of a textualist
B makes incorrect statements about Justice Scalia and purposivism
D is silly
You are a lobbyist employed by a local environmental conservation organization. The
organization's president has voiced concerns to you about the amount of waste that is
allowed to be dumped into the state's rivers and streams under current law. The
organization is concerned that the current pollutant level remains too high and is
continuing to adversely affect plant and animal life throughout the state. As a lobbyist
employed by the environmental organization, what would be the most effective way to
see stricter federal legislation passed that will further your organization's environmental
goals?
A. Introduce a bill in the House or Senate with stricter limitations.
B. Contact the White House counsel and ask her to introduce a bill in the House or
Senate with stricter limitations.
C. Contact your local senator, who is the minority member of the Senate Committee of
Natural Resources and the Environment, and reques - Answers - D. Contact the Chair
of the House Committee of Natural Resources and the Environment and request that
she introduce a bill with stricter limitations.
Explanation:
The correct answer is D because the Committee Chair is appointed by the majority
party and will have the greatest amount of influence on what bills get introduced and
,heard. Gaining support from the majority party will also allow for a greater chance that
your bill will pass with a majority vote.
Which of the following statements best characterizes the difference between
functionalist and formalist judges in the context of interpreting statutes?
A. Functionalists prioritize the original legislative intent, while formalists focus on the
plain text of the statue
B. Functionalists emphasize the historical context of the statute, whereas formalists
emphasize the social consequences of the statute.
C. Functionalists rely on precedent and stare decisis, while formalist consider the
statute's practical application
D. Functionalists are more concerned with statutory ambiguity, while formalists
emphasize the statute's symbolic meaning. - Answers - Correct Answer: A.
A) Functionalists prioritize the original legislative intent, while formalists focus on the
plain text of the statute.- This statement accurately characterizes the main difference
between functionalist and formalist judges. Functionalists believe that the primary goal
of statutory interpretation is to discern and fulfill the original legislative intent behind a
statute, often looking beyond the plain text to consider the purpose and context in which
the law was enacted. In contrast, formalist judges place a stronger emphasis on
interpreting the statute based on its literal and plain language.
B) This option presents a somewhat misleading characterization of both approaches.
While functionalists do consider the historical context of a statute, they do so to
understand the legislative intent, not just for its own sake. Formalists also consider
context but prioritize the plain text of the statute rather than historical context alone.
C) This statement is not an accurate distinction between functionalists and formalists.
Both types of judges may consider precedent and stare decisis, although the weight
they give to precedent may vary. Their primary difference lies in their approach to
interpreting statutory language.
D) This option does not accurately distinguish between functionalist and formalist
judges. Both functionalists and formalists may address statutory ambiguity, but their
approach to resolving it differs. Functionalists may use legislative history and intent to
clarify ambiguity, while formalists may be more inclined to stick strictly to the plain text,
even in cases of ambiguity.
Which of the following is the correct order of possible steps through which a bill
becomes a law?
A. Draft, introduction, subcommittee, house rules committee, house committee of the
whole, president, full house/senate
B. Introduction, draft, subcommittee, house rules committee, house committee of the
whole, full house/senate, president
C. Draft, introduction, house committee of the whole, house rules committee,
subcommittee, president, full house/senate
, D. Draft, introduction, subcommittee, house rules committee, house committee of the
whole, full house/senate, president - Answers - The correct answer is D. Draft →
Introduction → Subcommittee → House Rules Committee → House Committee of the
Whole → Full House/Senate → President
Explanation:
A. A bill cannot be sent to the desk of the President before it has been passed through
both houses. After a bill has passed through both houses, but remains unsigned by the
President, it is known as an "Enrolled Bill".
B. A bill cannot be introduced and assigned until it has been physically drafted.
C. A bill cannot be introduced to the full House or Senate committee before it has
passed through a subcommittee.
D. This is the only correct option available. There is the possibility that a bill will be
referred to a conference committee or the President will veto the bill and Congress
votes to override, but neither of those options are available answers.
Which statement is correct regarding the focus of the theory of interpretation and the
sources that a judge using that theory.
A. Intentionalism focuses on the text of the act and looks at the ordinary, public meaning
of the text at the time it was enacted. A judge using the theory of intentionalism would
most likely focus on the text and may use other intrinsic sources.
B. Purposivism focuses on the reason the legislature enacted the act and looks at the
legislature's general intent or purpose. A judge using the theory of purposivism would
likely look at intrinsic, extrinsic, and other policy-based sources, even if the text is not
ambiguous
C. Textualism focuses on the enacting legislature's specific intent on the precise issue
presented to the court. A judge using the theory of textualism would likely look at
intrinsic and extrinsic sources.
D. Intentionalism focuses on the reason the legislature enacted the ac - Answers - B.
Purposivism focuses on the reason the legislature enacted the act and looks at the
legislature's general intent or purpose. A judge using the theory of purposivism will look
at intrinsic, extrinsic, and other policy-based sources.
Explanation:
B is the correct answer because purposivism focuses on the general intent of the
legislature and a purposivist will look at intrinsic, extrinsic, and policy-based questions.
A is incorrect. The theory being described is textualism.
C is incorrect. The theory being described is intentionalism.
D is incorrect. The theory being described is purposivism.
