Maxims Flashcards
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noscitur a sociis
‘It is known by its associates’ – The meaning of a word or phrase can be determined by considering the words surrounding it. This maxim helps interpret ambiguous or broad terms by looking at the context of neighbouring words.
in pari materia
‘In the same matter’ – This maxim is used when interpreting statutes that relate to the same subject matter. It means that laws dealing with the same topic should be read together and interpreted consistently to give coherent meaning across related provisions.
Ejusdem generis
‘Of the same kind’ – When general words follow specific ones in a statute, the general words are interpreted to include only things of the same type as those specifically listed. For example, in the phrase ‘linoleum, carpets, floating floors and any other thing’, the general phrase would include tiles but not curtains.
Expressio unius est exclusio alterius
‘The express mention of one thing is the exclusion of another’ – If a statute explicitly mentions certain things, anything not mentioned is presumed to be excluded. For example, if a statute says that people over the age of 18 may serve in the armed forces, this implies that people under 18 may not.
Expressum facit cessare tacitum
‘That which is expressed makes what is silent cease’ – If a procedure or requirement is explicitly stated in legislation, it should be followed, and no alternative or implied procedures should be used. The express provision overrides any implication.
Generalia specialibus non derogant
‘General things do not derogate from special things’ – Where two statutory provisions appear to conflict, the more specific provision will take precedence over the general one.
Ultra vires
‘Beyond the powers’ – refers to acts or decisions taken beyond the legal authority granted, rendering them invalid.
A fortiori
‘From the stronger argument’ – if a rule applies in a lesser case, it applies even more strongly in a stronger case.
Ex ratione legis
‘From the reason of the law’ – interpretive principle that meaning should flow from the underlying rationale of the statute.
Leges posteriores contrarias abrogant
‘Later inconsistent laws abrogate earlier ones’ – where statutes conflict, the more recent statute prevails to the extent of inconsistency.
Contemporanea expositio est optima et fortissima in lege
‘The best and strongest interpretation is that contemporaneous with the law’ – how a law was understood at enactment holds significant persuasive weight.
De minimis non curat lex
‘The law does not pay heed to trifling matters’ – courts will disregard insignificant or minor breaches that do not undermine the statute’s purpose.
