Explain rules of language judges use to interpret legis

Cards (17)

  • What are rules of language?

    Rules of language are common sense rules that have been developed over time.
  • How do judges use the rule of language?
    There are rules that allow judges to look at other words in the Act in order to make the meanings of the words and phrases clear.
  • What does 'ejusdem generis' mean?

    of the same kind
  • Where does ejusdem generis apply?

    It applies where a list of specific words is followed by general words and means that the general words must be of the same kind as the specific words.
  • An example of ejusdem generis being applied

    if an Act uses the phrase “dogs, cats and other animals”, the “other animals” would include other domestic animals and not wild animals as cats and dogs indicates domestic pets.
  • What case was the Act regulating betting concerned with?

    Powell v Kempton Park
  • In Powell v Kempton Park, what was the act concerned with?

    the ‘other places’ must be indoor places as well and could not therefore include betting in the open air on the racecourse itself.
  • What did the act regulating betting refer to?

    house, office, room or other place - all are indoor places
  • What does expression unius est exclusion alterius mean?

    the ‘express meaning of one thing implies the exclusion of another’
  • If an Act specifically mentioned Labrador dogs, what dogs would it not mean?
    other breeds of dogs
  • What case was a section of an act included the words "goods, wares and merchandise" concerned with?
    Tempest v Kilner
  • What was held in Tempest v Kilner?
    it was held the section could not apply to stocks and shares as they had not been included in the list.
  • what does 'noscitur a sociis' mean?

    ‘a word draws a meaning from other words around it’
  • What is 'noscitur a sociis' also sometimes known as?
    the context rule.
  • What does the context rule mean?
    This means that the words must be looked at in context and interpreted accordingly; it involves looking at other words in the same section or at other sections in the Act.
  • Which case was a section of an Act referred to "interest annuities or other annual interests." concerned with?
    Inland Revenue v Frere
  • Because the reference to “other annual interest the court decided that the first use of interest must be restricted to annual interest and would not apply to weekly or monthly interest.