Rules of Language

Lily Gray
Flashcards by Lily Gray, updated more than 1 year ago
Lily Gray
Created by Lily Gray over 7 years ago
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A-Level Law Flashcards on Rules of Language, created by Lily Gray on 12/31/2013.

Resource summary

Question Answer
What does 'the euisdem generis rule' mean? 'Of the same type' So if general rules appear at the end of the list then they must be interpreted in line with that list.
Give a small example of 'the eiusdem generis rule'. In the pharse 'dogs, cats and other animals'. The particular words are 'dogs' and 'cats'. The general words suggest domestic animals so then this means other animals which are domestic too. So a panda wouldn't be a domestic animal so would not include in 'other animals'.
Give an example of a case which helps describe 'the eiusdem generis rule' Powell v Kempton Park Racecourse Facts - 'D' company kept an open air enclosure used by bookmarks and racegoers who wished to place bets. Statute - Regulations said it was prohibited to keep a 'house, office, room or other place' for betting purposes. Outcome - using this rule 'D' NOT guilty as the particular words 'house, office and room' suggests having a roof. This means that the enclosure was NOT of the same type.
What does the 'Expressio unius exclusio alterus' rule mean? 'Expression of one thing excludes the other' If an act included a list, then anything not on that list is excluded. So when particular words are used and these aren't followed by general words, the Act applies only to the instances specified.
Give a small example to explain the 'expressio' rule. If an act included 'Dogs' and 'Cats' it only includes 'Dogs' and 'cats' any other animal is excluded.
Give an example of a case which helps describe the 'expressio' rule Inhabitants of Sedgley Statute - Rates were charged on 'land, titles and coal mines'. Outcome - Rates could not be charged on any mine other than coal mines as there are no general words used after.
What does the 'nositur a sociss' mean? 'Recognised by its companions' The meaning of a word is to be gathered from the context in which its written.
Give an example of a case which helps describe the 'Noscituar' rule. Muir v Keay Facts - 'D' kept his café open to the public during the night without a licence. Statute - 'Houses, room, shops or building kept open for entertainment during certain hours of the night must be licenced. Outcome - Held 'Entertainment'. In the context of the Act didn't mean only musical or theatrical entertainment, but included other forms of enjoyment, such as drinking coffee late at night. So guilty.
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