Guidelines

What is ejusdem generis principle?

What is ejusdem generis principle?

Ejusdem Generis means of the same kind or nature. This is a facet of the principle of Noscitur a Sociis. It is an ancient doctrine commonly called Lord Tenterdon’s Rule. It is also kown with the name of Genus-species Rule of the language construction.

What are the elements of Rule Construction ejusdem generis?

The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.

What is ejusdem generis rule example?

For example, if a law or contract referred to “cars, trucks, vans, motorcycles, and other motor vehicles”, the rule of ejusdem generis may be applied to interpret the scope of ‘other motor vehicles’ to refer to only land-based motor vehicles, because the initial list did not include mention to any air or water-based …

What are principles of statutory construction?

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

What is the ejusdem generis principle of construction?

Bennion defines the ejusdem generis rule as, “a principle of construction whereby wide words associated in the text with more limited words are taken to be restricted by implication to matters of the same limited character.”

What did the Supreme Court say about ejusdem generis?

In Circuit City Stores Inc., v. Adams, 532 U.S. 105 (2001), the Supreme Court defined ejusdem generis as a situation in which “general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words.”.

Which is the elementary rule of language construction?

The elementary rule of construction is that the language must be construed in its grammatical and literal sense and hence it is termed as litera legis or litera script. The Golden Rule is that the words of a statute must prima facie be given their ordinary meaning. This interpretation is supreme and is called the golden rule of interpretation.

What was the Rehnquist Court’s canons of statutory construction?

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