Interpretation of Legislation in Context Flashcards
Define the maxim ‘noscitur a socilis’.
The meaning of a word is known from the words that accompany it.
Give an example (case) of when the maxim ‘noscitur a socilis’ was applied?
R v Ann Harris 1836, the judge ruled that the act of biting off the nose of his victim, did not correlate to the wording of the statue, that wounding is inflicted by an instrument but by hands or teeth.
Define the maxim ‘ejusdem generis’.
Latin for ‘of the same kind’. If words of particular meaning are followed by general words the general words are limited to the same kind as the particular words.
Define the maxim “Expressio unius est exclusio alterius”.
The express mention of one thing is to the express exclusion of others/ another thing. E.g “It is an offence for a person other than a solicitor to engage in convayance work”, the experessio unius rule could apply to barristers from doing convayencing work.
Give an example of when the maxim ‘ejusdem generis’ can be applied?
In most Australian Will Acts, a will can be revoked by “burning, tearing or otherwise destroying”. The words accompanying the words “otherwise destroying” defines it generality, the will can be revoked via paper shredder and simply not by writing or scribbling out particular provisions to “invalidate” a will.
What are the three types of provisional references can be used to assist in the interpretations of statues?
- Provision may be interpreted with reference to other legislation.
- Provision may be interpreted with reference to the audience.
- Provision may be interpreted with reference to prior or existing law.
Give an example (case) of when provisions were interpreted with the aid of another legislation?
Commissioner of Stamp Duties v. Permanent Trustee 1987
The legal issue was that the judge had to determine the amount of duty payable because it was not elaborated upon within the Conveyancing Act 1919. In deciding the outcome, the judge referred to the provisions of The Real Estate Property Act 1900 and the Trustee Act 1915.
Give an example (case) of when provisions were interpreted with reference to the audience?
Herbert Adams Pty v. Federal Commissioner of Taxation 1932.
In this case, the plaintiff argued that the word “pastry” should’ve been given its technical meaning instead of its popular meaning.
Give an example (case) of when provisions were interpreted with reference to prior or existing laws?
Deputy Commissioner of Taxation v. Clark 2003.
In this case, it was discussed that background information of older legal rules can assist in understanding the context of current laws.
