The most recent issue of the ABA Journal features a quiz developed by legal writing expert Bryan Garner testing whether one is a textualist when interpreting statutory or contractual language.
Garner, co-author with Justice Antonin Scalia of Reading Law: The Interpretation of Legal Texts, wanted to include the quiz in the book, but Scalia did not agree.
The quiz, which is based on actual cases, consists of 25 questions and answers. Here are a couple of the questions that are included:
- A state constitution declares that superior court judges are to be elected by both branches of the legislature. The legislature enacts a statute allowing the governor to appoint a superior court judge to fill a vacancy. Is the statute constitutional?
- A state license freely permits a company to remove from state-owned land “gravel, sand, earth or other material.” May the company harvest timber from state-owned land?
- A contract entitles a caterer to be reimbursed for the expense of supplying “trays, glasses, dishes, utensils or other tableware.” In his reimbursement schedule, the caterer lists $1,500 for paper napkins. Is this expenditure reimbursable?
Only the first part of the quiz (questions 1-12) is presented in this month’s issue. Stay tuned for the remainder of the quiz next month.
