Identify Ambiguities in a Provided Resource - Next Generation Bar Exam

1. What is lexical ambiguity?

   A word or phrase has more than one reasonable meaning. For example, 'chicken' may mean a young bird or any chicken.

2. Under the rule of the last antecedent, to what does a limiting phrase ordinarily refer?

   The nearest reasonable antecedent. Courts may depart from the rule where the context indicates the phrase modifies a whole series.

3. What is the contra proferentem rule?

   Ambiguous contract language is construed against the drafter. Courts typically apply it after other interpretive tools fail.

4. In contract law, how is a term identified as ambiguous?

   It is reasonably susceptible to more than one meaning in light of the contract as a whole. Courts differ on whether extrinsic evidence may be considered in deciding whether ambiguity exists.

5. What is the ambiguity created by the phrase 'and/or' in a legal document?

   Uncertainty whether the items are required together, alternatively, or both. Drafters should specify 'A or B or both' or a similar clear phrasing.

6. What type of ambiguity arises when a clear term becomes uncertain only when applied to facts, such as two ships with the same name?

   Latent ambiguity. Extrinsic evidence is admissible to resolve a latent ambiguity.

7. What is syntactic ambiguity?

   The grammatical structure of a sentence permits more than one reasonable reading. Unclear modifier placement is a common cause.

8. A statute requires notice 'within 30 days.' The statute is silent on whether the period runs from the event or from discovery of the event. What ambiguity exists?

   The triggering event for the 30-day period. Courts may look to context, purpose, and related statutes to resolve the question.

9. What is the ambiguity in a statute that uses 'shall' in some provisions and 'may' in others?

   Whether a given provision is mandatory or discretionary. 'Shall' is ordinarily mandatory and 'may' discretionary, but courts sometimes read them otherwise.

10. What is the series-qualifier canon?

    A modifier at the end of a straightforward parallel series normally applies to every item in the series. This canon competes with the rule of the last antecedent.

11. A lease permits 'pets, including cats and dogs weighing less than 20 pounds.' What ambiguity does the clause contain?

    Whether the weight limit applies to cats as well as dogs. The modifier's reach is a syntactic ambiguity.

12. What is the rule of lenity?

    Ambiguity in a criminal statute is resolved in the defendant's favor. It applies only after ordinary tools of construction leave genuine ambiguity.

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