statuatory interpretation

Question 1

maxim

Answer 1

rule of conduct , unwritten rules that guide judiciaries to interpret a statute

Question 2

Ejusdem Generis

Answer 2

“of the same kind”
when a generic term is used after a list of specific terms
allows courts to determine whether things are of the same kind and apply to the same category

Question 3

Noscitur a sociis

Answer 3

“by the company it keeps”
to look at the other words surrounding a word to determine its meaning

Question 4

Expressio unis est exclusion alterius

Answer 4

“the express mention of one excludes all others”
use of specific terms without a general term prevents courts from expanding the category
parliament can limit judicial interpretation

Question 5

rules of interpretation- what order

Answer 5

literal, golden, purpose

Question 6

literal rule

Answer 6

To assume an act means what it says, to read an act literally
eg. GST act defines taxi travel as “travel that involves transporting passengers, by taxi, for fares”- judges will interpret this literally

Question 7

golden rule

Answer 7

when out of date definitions, or reading an act literally creates an absurd interpretation.
used to prevent an absurd interpretation

Question 8

purpose rule/mischief rule

Answer 8

when literal and golden rules fail, judges will try to determine the original purpose of the act, what “mischief” it was trying to prevent.