Flashcards
Rules of Language
Flashcards do conjunto (8)
- 1What 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. - 2Give 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'.
- 3Give 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. - 4What 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. - 5Give 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.
- 6Give an example of a case which helps describe the 'expressio' ruleInhabitants 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. - 7What 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. - 8Give 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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- A-Level Law FlashCards sobre Rules of Language, criado por Lily Gray em 31-12-2013.
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- Lily Gray
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