Statutory interpretation - Rules of Language Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Ejusdem Generis

A

“Things of the same kind”

Specific words + general words. General words limited to specific words

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Powell Kempton park racecourse co

A

The Betting Act 1853 made it an offence to keep a “house, office, room or other place” for betting. In this case the betting had happened in the open air and the court had to decided if “open air” qualified as an “other place”. The court held it did not as it only applied to other indoor places.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Expressio unius est exclusion alterius

A

“The express mention of one thing excludes the other”

Specific words, not followed by general words. Act applies only to specific.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Inhabitants of Sedgley

A

Rates were charged on “Land, titles and coal mines” therefore no other mines. The express mention of the word “coal” made it clear that no other mines i.e Tin mines would be included in the statute.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Noscitur a sociis

A

“interpreted in context”

Involves looking at other sections of the same Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Inland revenue commissioner v Frere

A

A section of the Act referred to “interest, annuities and other annual interest” therefore suggesting the first mention of interest was also annual hence the word “other”. This illustrates that the meaning of a word an become clear when it is looked at in context i.e within a sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly