Table of Contents
What does Ejusdem generis rule mean?
Ejusdem generis. This rule states that where there is a list of words which is followed by general words then the general words are limited to the same kind of items as the specific words.
What is Ejusdem generis India?
The meaning of ‘Ejusdem Generis’ is ‘of the same kind’. It is generally used in courts for deciding or classification of entities or bodies that come under a specific definition. It has a major role in defining the state which is mentioned in the article 12 of the Indian Constitution.
What is golden rule in interpretation of statutes?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
What is the opposite of Ejusdem generis?
Unlike its more famous cousin, the canon of statutory construction known as “reverse ejusdem generis” is far less well known and understood. This canon states that when a statute includes a list of terms and a catch-all phrase, the terms in the list are limited to those that are consistent with the catch-all phrase.
What is the meaning of functus officio?
Related Content. The doctrine of functus officio (that is, having performed his office) holds that once an arbitrator renders a decision regarding the issues submitted, he lacks any power to reexamine that decision. This principle is well established in international arbitration, and is accepted in many national laws.
What does locus standi mean in law?
In legal terms, Locus Standi essentially applies to a plaintiff’s attempt to show to the court that there is ample relation or correlation or cause of action to the plaintiff from the suit. In other terms, it applies to a person’s capacity to put a case before the court of law or to testify before the court of law.
Who is the final answer to interpret the Constitution?
The Supreme Court
The Supreme Court has the final authority to interpret the Constitution.
What are the kinds of precedents?
Kinds of Precedent
- Authoritative Precedents. a) Absolute Precedents. b) Conditional Precedents.
- Persuasive Precedents.
- Original Precedents.
- Declaratory Precedents.
What is the golden rule of evidence?
The golden rule or British rule is that the words of a statute must prima facie be given their ordinary meaning. It is the addition and subtraction in the meaning of the statute. It usually avoids unjust or absurd results in sentencing.
What are the three rules of interpretation?
Rules Of Interpretation
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What does Noscitur a Sociis mean?
Legal Definition of noscitur a sociis : a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.
What is Reddendo Singula Singulis?
Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object. In simple words “reddendo singula singulis” means that when a list of words has a modifying phase at the end, the phrase refers only to the last.
What is the legal definition of the ejusdem generis rule?
Legal Definition of ejusdem generis rule : a rule of construction: general words (as in a statute) that follow specific words in a list must be construed as referring only to the types of things identified by the specific words Learn More About ejusdem generis rule Share ejusdem generis rule
When is Terra goods restricted to the ejusdem generis?
So, in the construction of wills, when certain articles are enumerated, the terra goods is to be restricted to those ejusdem generis. Bac. Ab. Legacies, B; 3 Rand. 191; 3 Atk. 61; Abr. Eq. 201; 2 Atk. 113.
What is the legal definition of eiusdem generis?
So, in the construction of wills, when certain articles are enumerated, the terra goods is to be restricted to those ejusdem generis. Bac. Ab. Legacies, B; 3 Rand. 191; 3 Atk. 61; Abr. Eq. 201; 2 Atk. 113. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
How does Heydon’s rule work in case law?
Rule in Heydon’s Case Law and Legal Definition. However, this rule of construction is of narrower application than the golden rule or the plain meaning rule, as it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law. Likewise, how does the mischief rule work?