latin terms and approaches

Question 1

noscitur a sociis

Answer 1

an ambiguous word can be coloured by the words around it

Question 2

ejusdem generis

Answer 2

a “catch-all” or “general” word can be coloured or narrowed by the words listed before them

Question 3

expressio unius est exclusio alterius

Answer 3

express inclusions give rise to implied exclusions - e.g. a sign saying children under age 12 eat for free infers that children over this age must pay

Question 4

generalis specialibus non derogant

Answer 4

the general shall not derogate from the particular
if there is a general rule and specific rule for a particular provision, the specific is taken as the general does not override it

Question 5

literal or plain meaning approach

Answer 5

if the precise words are plain and unambiguous, we are bound to construe them in their ordinary sense

Question 6

the golden approach

Answer 6

allows judges to depart from the literal meaning of the words if some absurdity would result
slightly more tolerant of departures from the strict wording of a statute

Question 7

mischief approach

Answer 7

seeking to find the ‘mischief’ that the statute is designed to correct reveals the purpose for which the legislation was passed
focuses on the purpose and intent of the legislation rather than the literal words of the statute

Question 8

actus reus of the offence

Answer 8

the guilty act

Question 9

mens rea of the offence

Answer 9

the guilty mind - intention, recklessness, negligence