Latin terms

Question 1

Expressio unius est exlusia alterius

Answer 1

“The expression of one is the exclusion of others”

Listing specific things impliedly excludes others

Not adding on anything that is not mentioned in the legislation

Question 2

Noscitur a sociis

Answer 2

Words should be interpreted from the company they keep

Words in a list have related meanings and are to be interpreted in the context with the rest of the matters within the list

Question 3

Ejusdem generis

Answer 3

“Of the same type”

Used to interpret general words

If general words follow two or more specific words, the general word applies only to the terms that are like the specific words used

Question 4

Pari materia

Answer 4

“Upon the same matter or subject”

A rule of language that considers other statutes on the same subject to interpret the statute in question

This applies to statues that were enacted at different times but pertain to the same subject

Must be interpreted in light of each other since they have a common purpose for comparable events or items

Used to avoid contradiction or conflict between or among statutes dealing with the same subject matter

It helps to interpret the words of the latter statue in light of the earlier statute in the same context

Question 5

Ratio Decidendi

Answer 5

Reason for the courts decision

Question 6

Obiter dicta

Answer 6

Other things said by a court which is not necessary for a decision

Won’t act as a binding statement of law BUT may act as a very persuasive authority in a future case where a similar legal issue has arisen

Question 7

Ultra vires

Answer 7

An action beyond the scope of the actor’s powers

Question 8

Prima facie

Answer 8

Based on first impression

Question 9

Juris secondum

Answer 9

“Second body of law”

Question 10

Stare decisis

Answer 10

“The decision stands”

A decision reached previously by a higher court will be binding on the courts below

Question 11

Non est factum

Answer 11

specifically relates to written contracts, and means that a party is bound by their signature unless they mistakenly believe that the document signed represents something completely different from what it actually represents. There must be a fundamental and radical difference, and the signatory must not have been careless in signing the document.