Statutory Interpretation Flashcards

1
Q

What does “ejusdem generis” mean?

A

“Ejusdem generis” is a Latin phrase that means “of the same kind.” This canon applies when a general term is followed by specific terms, and it is not clear what the general term encompasses. In such a situation, the court will interpret the general term to include only things of the same kind as the specific terms. For example, if a statute prohibits “dogs, cats, and other animals,” the term “other animals” would be limited to animals of the same kind as dogs and cats, such as domestic pets.

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2
Q

What does “noscitur a sociis”

A

“Noscitur a sociis” is another Latin phrase that means “known by its associates.” This canon applies when a word or phrase is ambiguous and can be interpreted in different ways. In such a situation, the court will look at the surrounding words and the context in which the word or phrase is used to determine its meaning. For example, if a statute prohibits “vehicles, including cars, trucks, and motorcycles,” the term “vehicles” would be interpreted in light of its association with cars, trucks, and motorcycles, and would not include other types of vehicles like bicycles or roller skates.

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3
Q

What Supreme Court Case from 2012 gave a detailed breakdown of statutory construction?

A

Mohamad v. Palestinian Authority, 2012, United States Supreme Court.

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4
Q

What did the United States Supreme Court affirm in Mohamad v. Palestinian Authority, 2012?

A

Mohamed v. Palestinian Authority, 2012, the United States Supreme Court affirmed that the phrase “as well as” marks “individual” as distinct from the list of artificial entities that precedes it.

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