Interpretative Approaches/Word Tools

Question 1

Noscitor a sociis

Answer 1

“It is known by the company it keeps”.

The meaning of words are coloured by other words in the same section.

Say: “the context creates a coloured definition of..” or “the words xyz colour the definition of x to mean…”. Use when there is a list of nouns or adjectives and one term/phrase/word is different

Question 2

Ejusdem generis

Answer 2

“Of the same kind”. The context may override the ordinary meaning of a very wide word by creating a class.

Say: “the words form a restricted class”. Use when there is a list of specific words followed by a general word(s). Eg. “Any person” or “any thing”

Question 3

How to use ejusdem generis

Answer 3

• identify the catch-all (specific words followed by a general term)
• create a class (as narrow as possible)
• show that the class is inexhaustible
• not to be used if it will defeat the purpose

Question 4

Expresso unio

Answer 4

“The expression of one thing is the exclusion of another”
Quite literal approach
Eg. Kids under 10 are free -> implies anyone over 10 must pay
Look for wide catch all terms following specific ones that can be limited by reference to the specific ones

Question 5

Literal Approach

Answer 5

Words should be interpreted in their literal meaning. Commonly used by prosecution to try and widen the interpretation of provisions to capture the act of the defendant. Sometimes defence can use literal approach if something will lead to absurdities

Question 6

Purposive approach

Answer 6

Used by both defence and prosecution when the other parties argument is inconsistent with the purpose of the Act itself

Question 7

Golden approach

Answer 7

Begin with the literal/ordinary approach; if that creates an inconsistency/contradiction of the purpose of the Act, or leads to absurdities in practice, then the meanings of the words can be modified. “Defence will argue that if the courts were to prefer the pros definition, this could lead to absurdities…”

Question 8

Intrinsic Aids

Answer 8

• Long title or purpose section
• Headings
• Act as a whole
• Explanatory note or preamble
• Definition/Interpretation section (definitions given within a statute override the ordinary meanings of terms)

Question 9

Extrinsic Aids

Answer 9

• Legislative history/amendments
• Hansard
• Other relevant legislation

Question 10

Difference between “Includes” and “means”

Answer 10

Includes is Non-exhaustive and means is Exhaustive

Question 11

Difference between “and” + “or”

Answer 11

and means both “X” and “Y” must be fulfilled “or” means either “X” or “Y” can be fulfilled

Question 12

Difference between “shall” and “may”

Answer 12

“shall” is mandatory, “may” is directory