Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Again, dogs do not belong in this category. The rule provides that the general words are limited in meaning to the same kinds of things as mentioned in the specific words appearing in the list. Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. The word 'let' used to mean 'prevent' or 'hinder' and now means 'allow'. Of course, the cardinal rule is to ascertain and effectuate legislative intent.
It should be resorted to not for the purpose of defeating the intention of the legislature but for the purpose of elucidating its words and giving effect to its intentions. Ejusdem generis is a common rule of construction applied to all types of legal documents, including deeds, leases, and other instruments conveying or reserving mineral interests. Generose puer sic itur ad astra Young, cheer up! For my part I would reach that conclusion not by the rather blunt instrument of the ejusdem generis rule but from a combination of contextual indications. Singer, Sutherland Statutory Construction, 6th Edition, Vol. Mala Ipsa Nova Bad News Itself Motto of the inactive , mala tempora currunt bad times are upon us Also used ironically, e. The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class as those specifically enumerated, unless, there is a clear manifestation of a contrary purpose.
Stallions - an uncastrated adult male horse Colts - A colt is a male horse, usually below the age of four years. Melius abundare quam deficere Better too much than not enough. Now to the crux of the article. Quoted by as he leaves Virgil in , , echoed by in. The first step is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case. It is thought that nowadays it would be unusual for the scope of general sweeper up words to be cut down under the ejusdem generis rule.
Statutes, however, although they make the law, may be open to interpretation and have ambiguities. If the subjects of enumeration belong to a broad-based genus, as also to a narrower genus there is no principle that the general words should be confined to a narrower genus. Unsourced material may be challenged and removed. Criticising one who will not be affected in any way by the criticism. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Hence there is no room for the application of ejusdem generis unless there is genus or class or category.
If some words are specific and general words follow them, the general words should be restricted to the same genus or category as the specific word. Black's Law Dictionary 7th ed. Latin Translation Notes Macte animo! The word 'peculiar' is used to mean both specific and unusual, e. When the language of a statute is plain and unambiguous, there is no need to resort to rules of statutory construction. We do not, however, consider the statutory language in isolation, but rather examine the entire substance of the statute in order to determine the scope and purpose of the provision, construing its words in context and harmonizing its various parts.
Meliorare legem meliorare vitam est To improve the law is to improve life. Ashcroft; see also Gonzales v. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute. With Reverso you can find the English translation, definition or synonym for ejusdem generis and thousands of other words. Plain meaning When writing statutes, the legislature intends to use ordinary English words in their ordinary senses. A statute is ambiguous only where it is open to two or more constructions, or where it is of such obscure or doubtful meaning that reasonable minds might disagree or be uncertain as to its meaning. Such rules of construction help to ensure that courts interpret statutes consistent with the intent of the legislative body that enacted the statute.
Limitation on application of the doctrine The rule of ejusdem generis has to be applied with care and caution. When a statute may be interpreted to abridge long-held rights of individuals or states, or make a large policy change, courts will not interpret the statute to make the change unless the legislature clearly stated it. Municipal Corporation, Poona , the respondent levied a tax of Rs. Link to this page: Ejusdem generis. Here lies the body of. In other words, the surrounding usage of words can reveal the meaning therefore intent of the questionable words or phrases.
The courts have to objectively determine the interpretation with guidance furnished by the accepted principles. But that apart, the very language of the two sections and the objects intended respectively to be achieved by them also negative any intention of the legislature to attract the rule of ejusdem generis. Most canons emerge from the process through the choices of judges. United Labour Union and Orsand letter issued by Labour Enforcement Officer Central , Chennai on November 1, 2000 and said that the Central Government is the appropriate Government. Francis Bennion, Statutory Construction, pp. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. In these cases the federal law is held to be paramount.