AP Civil Judge Exam study materials
AP Civil Judge Exam study resources

AP Civil Judge Exam: Jurisprudence, Legal Theory and Interpretation of Statutes

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Jurisprudence, Legal Theory and Interpretation of Statutes

Jurisprudence, Legal Theory and Interpretation of Statutes tests your command of legal concepts and your ability to read a statute as a judge would. Expect questions on schools of law, rights and duties, possession, personality, and the rules and maxims of statutory construction.

Schools of law

  • Natural law: law is grounded in reason and morality; Fuller's inner morality of law.
  • Positivism: Austin's command theory; Hart's rule of recognition and primary/secondary rules; Kelsen's pure theory and grundnorm.
  • Sociological school: Ehrlich's living law; Pound's social engineering.
  • Realism: Holmes and Frank, law as prediction of judicial behaviour.

Legal concepts

  • Rights and duties are correlative; Hohfeld's analysis of claim, liberty, power and immunity.
  • Legal personality: individuals and corporations; Salomon v. Salomon established corporate separate personality.
  • Possession requires corpus and animus; ownership is a bundle of rights; liability may be civil or criminal, strict or absolute.

Interpretation

  • Literal rule first; golden rule to avoid absurdity; mischief rule from Heydon's Case (1584); purposive interpretation.
  • Maxims: ejusdem generis, noscitur a sociis, expressio unius est exclusio alterius, generalia specialibus non derogant, ut res magis valeat quam pereat.
  • Presumptions: constitutionality, against retrospectivity, mens rea, and territorial operation.
  • Aids: long title, preamble, headings, provisos, definitions, schedules; external aids such as dictionaries and reports.

Worked example

A statute taxes vehicles, including carts, bicycles and other similar conveyances. An aircraft is not taxable: under ejusdem generis the general words take colour from the specific ones, which are all road conveyances.

Traps

Do not invoke the mischief rule before trying the literal rule; a proviso is not a substantive provision; marginal notes are not decisive; do not treat DPSPs as enforceable.