M3L5 Cannons of Construction

Question 1

Name 5 Cannons of Construction

Answer 1

Associated words rule, limited class rule, exclusion rule, general /specific provisions rule, and respectively rule.

Question 2

What’s the latin word for the associated words rule?

Answer 2

Noscitur a sociis

Question 3

Whats the latin word for the exclusion rule?

Answer 3

Expressio unius est exclusio alterius

Question 4

Whats the limited class rule in latin?

Answer 4

ejusdem generis

Question 5

Whats the general/specific provisions rule in latin?

Answer 5

generalia specialibus non derogant

Question 6

Whats the respectivity rule in latin?

Answer 6

reddendo singula singulis

Question 7

What is the associated words rule?

Answer 7

• “it is known by the company it keeps.”
• words must be read in the context of the other words in the section in which it appears.
• words can be coloured by the meanings of surrounding words
• “words of a feather flock together”

Question 8

What is the limited class rule?

Answer 8

• means of the same kind or nature
• applies after a list of words followed by a “catch-all” like “whatsoever” or “any other thing”.
• the list of specific things form an identifiable class of things (in commonality)
• with a class, the rule applies to limit the catch-all language, only to include things in the class

Question 9

What’s the Paragraph structure for the SI exam?

Answer 9

1. Thesis Statement
2. The facts
3. The law
4. Your analysis
5. Counter Argument (needing more information?)
6. Conclusion

Question 10

What is the exclusion rule?

Answer 10

• The mention of one is the exclusion of the other.
• Where some things are mentioned individually but others are not, those not mentioned/omitted are deliberately excluded.
• Some lists with no catchall language

Question 11

What’s the difference between the exclusion rule and the associated words rule?

Answer 11

Exclusion rule meant if something is explicitly mentioned in a law, it suggests anything that’s not mentioned is not included. Whereas, Associated words rule means that the meaning of a word or phrase in a law is understood by the words around it.

Exclusion rule focuses on what’s said but the associated words rule looks at the context.

Question 12

What’s the general/specific provisions rule?

Answer 12

• the general does not derogate from the specific
• a specific provision prevails over a general enactment, even where the language of that later enactment is wide enough to the earlier enactments subject matter
• only applies in the earlier of two enactments, both in the same act
• if in the later provision, doctrine of implied repeal.

Question 13

If asked to look at clash what cannons of construction what should be considered?

Answer 13

• Look for more specific piece
• the general specific provisions rule
• doctrine of implied repeal

Question 14

What’s the respectivity rule?

Answer 14

• two sets of language that are ambiguous
• first set with first word associated with second sets first word.
• EG. red and green traffic lights mean stop and go. AND breaking and entering

Question 15

Whats the Reddendo singula singulis rule?

Answer 15

Respectivity rule

Question 16

Whats the respectivity rule in latin?

Answer 16

Reddendo singula singulis