Title | Latin Maximus in Statutory Interpretation |
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Author | Michelle Mu |
Course | Foundations of Law |
Institution | Monash University |
Pages | 1 |
File Size | 142 KB |
File Type | |
Total Downloads | 96 |
Total Views | 130 |
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Latin Maximus in Statutory Interpretation Ejusdem Generis Meaning: “of the same kind” - Where the words can be grouped together into a list of specific items or category Example: - Wills Act: “A will may be revoked by burning, tearing or otherwise destroying it” Does writing “cancelled on it or scribing on it suffice? o NO, because the category established is physical destruction and writing ‘cancelled’ is not considered as physical destruction Noscitur a sociis Meaning: “A word is known by its associates” - The meaning of a word should be determined by considering the words with which it is associated in the context. Example: - “…if a person shall unlawfully and maliciously stab, cut or wound” (R v Ann Harris, 1936). o In this case V’s nose was bit off by A o The question is can biting fit into this context o NO, as the wound has to be brought about/as a result of the stabbing or the cutting and thus biting cannot be applied here Reddendo singula singulis Meaning: “By rendering each his own” - Where a text exhibits the pattern “A and B are Y and Z”, reddendo suggests that A should be matched with Y and B should be matched with Z, achieving a sort of symmetry in the text. Example: - “Any person who buys any marijuana or cocaine without a chemist permit or a doctor’s certificate commits an offence”. - Here: o Marijuana = chemist permit o Cocaine = doctor’s certificate Expressio unius est exclusio alterius Meaning: “The express mention of one thing is to the exclusion of others.” - when one or more things of a class are expressly mentioned others of the same class are excluded....