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Business English Exercises
 

Textualism

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Home > Teaching Business English > Business English Lessons, Advanced Level # 427
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It has long been stated by the US Supreme Court that treaties adopted under the Constitution's Article II are not acts of legislation but instead contracts between nations.

Correct answer: (b) long

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This analogy with a contract was recently invoked by both dissent and the majority in National Airways v. Aladdin.

Correct answer: (b) invoked

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However, more and more the treaty jurisprudence of the Supreme Court has borne the mark of 'new textualism'.

Correct answer: (a) borne

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Justice Powell has strongly argued that rule of law and separation of powers make it necessary that the Supreme Court limit its inquiry in cases of treaty interpretation to the four corners of the agreement.

Correct answer: (a) corners

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The Supreme Court as a group has not agreed with all aspects of Powell's argument — such as her aversion to using materials from ratification debates in the Senate — but textualism is becoming a big influence in the interpretation of treaties.

Correct answer: (d) aversion

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A contract has validity only insofar as there has been mutual agreement by the contracting parties to a shared proposition.

Correct answer: (c) insofar

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An interpreter in a contractual disagreement mostly concentrates on how the two parties understand the contract's terms, but the interpreter of statutes who uses a textualist methodology concentrates on the meanings that neutral third parties ascribe to the terms.

Correct answer: (a) ascribe

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Between this pair of contending principles in the interpretation of treaties, the contract analogy is the one that should prevail .

Correct answer: (d) (none)

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The greatest justifications for textualism in interpretation of statutes — more legislative accountability and adherence to Article II, Section 6 of the lawmaking process — cannot be extended to the context of treaties.

Correct answer: (b) adherence

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Foreign affairs disputes are composing an increasing share of the Supreme Court's docket and US treaty commitments are proliferating, yet it is shocking how unstudied the field of treaty interpretation remains.

Correct answer: (c) docket

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Business English Practice Exercises Business English Tests — several topics are covered: office matters, job applications, computer English, money expressions, business law, operations management, retail marketing, e-commerce, accounting terms, contracts and agreements, commercial correspondence, etc.
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