What is the Ejusdem generis rule?

What is the Ejusdem generis rule?

Ejusdem generis, or literally “of the same kind or class,” is a long-standing principle of both contract and statutory interpretation. It provides that, where a general word or phrase follows a list of specific terms, the general word will be interpreted to include only items of a similar nature to the terms specified.

What are the four main steps to statutory interpretation?

There are four main steps to statutory interpretation. They are: get the facts, locate a relevant statute, analyze the statute, conclude. This statute has four elements.

What is Intentionalism as a theory of statutory interpretation?

The theory of intentionalism holds that the laws of statutes are determined by the enacting legislators’ subjective law-making intentions. The High Court has recently rejected the theory of intentionalism and, as such, has attracted criticisms from some of the theory’s most eminent proponents.

What is the difference between Ejusdem generis and Noscitur a Sociis?

In Latin Ejusdem generis means’of the same kind’ and Noscitur means ‘recognised by its partners’. Ejusdem generis is used for interpreting loosely written statutes legislation and Noscitur a sociis is used for interpreting questionable words in statutes. The meaning of ‘Ejusdem Generis’ is ‘of the same kind’.

What is bonam Partem?

Hence the term Bonam Partem is known to mean the interpretation of words in their least aggravated sense. Diametrically opposite to this are the premises of ‘Malam Partem’ and ‘Malo Sensu’, which are known to mean the acceptation of words in their most aggravated comprehension.

What are the three rules of statutory interpretation?

Principles of interpretation The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.

What are the basic rules of interpretation?

The primary rule is to interpret words as they are. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e., words should be simple so that the language is plain and only one meaning can be derived out of the statute.

What is the difference between Intentionalism and Purposivism?

For the purposes of this Lexicon entry, intentionalism is a subjective approach that emphasizes legislative history as guide to the will of the legislature whereas purposivism is an objective approach that focuses on an inquiry into the purposes that an ideal legislature would have had if it had enacted the statute to …

How do textualists interpret the Constitution?

Textualism is a method of statutory interpretation whereby the plain text of a statute is used to determine the meaning of the legislation. Instead of attempting to determine statutory purpose or legislative intent, textualists adhere to the objective meaning of the legal text.

What is Ejusdem generis and noscitur a sociis?

Ejusdem generis V/S Noscitur a sociis In Latin Ejusdem generis means’of the same kind’ and Noscitur means ‘recognised by its partners’. Ejusdem generis is used for interpreting loosely written statutes legislation and Noscitur a sociis is used for interpreting questionable words in statutes.

Is Ejusdem generis a maxim?

Ejusdem generis: a facet of noscitur a sociis “Noscitur a sociis” is a Latin maxim which means that “the term in a statute is to be recognized by the associated words”.