What is ejusdem generis. Ejusdem Generis: A Case Study 2019-01-27

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What does Mean?

what is ejusdem generis

In jurisdictions, the may apply rules of statutory interpretation both to legislation enacted by the and to such as administrative agency. 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. In other words, a general term after a list of particular terms is only about those things similar to the particular terms. Chief Inspector of Stamp, U. There should be no clear evidence of that the general term be given a broader meaning than would apply to the specific items. In other words, a list is pretty much self-contained. These were: the , the , and the.

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Ejusdem Generis definition

what is ejusdem generis

Film critic Michael Brooke used the term to describe , a 1973 Franco-Czech sci-fi film directed by. See, for example, , or Coco v The Queen. Laffan, Brigid 2002 The Future of Europe Debate, Institute of European Affairs, Dublin, p. October 2012 In , the unparalleled development of the as compared with other has led to its designation as a sui generis entity. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. Most canons emerge from the process through the choices of judges. Unsourced material may be challenged and removed.

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Ejusdem Generis definition

what is ejusdem generis

It further put contention that the writ petition filed by the union is not maintainable. This rule of deference was formulated by the in ,. The United States Supreme Court discussed the in Caminetti v. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. 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. Avoiding Absurdity The legislature did not intend an absurd or manifestly unjust result.

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Ejusdem or Eiusdem Generis Definition

what is ejusdem generis

Unsourced material may be challenged and removed. But in many cases, there is some or in the words of the statute that must be resolved by the judge. Some amount of interpretation is often necessary when a case involves a. It may also be considered unfair to depart from the literal text because a citizen reading the literal text may not have fair notice that a court would depart from its literal meaning, nor fair notice as to what meaning the court would adopt. For example in England, the and the are the two sui generis localities, as their forms of local government are both for historical or geographical reasons very different from those of elsewhere in the country. Unsourced material may be challenged and removed.

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Ejusdem generis Meaning

what is ejusdem generis

Wallis 1793 , 5 375, 379, wherein he said that if the legislature had meant the general words to be applied without restriction it would have used only one compendious word. This claim was based on the notification issued on December 9, 1976 by the Contract Labour Regulation and Abolition Act, 1970 and by the said notification the Central Government enjoying its power under sub-section 1 of section 10 of the same Act issued directions that for prohibition of the employment of contract labour on and from the first of March,1977 for sweeping, cleaning, dusting and watching of buildings owned or occupied by establishment in respect of which the appropriate Government under the said Act is the Central Government and the notification further read that it shall not apply to the outside cleaning and other maintenance operations of multi-storeyed building where such cleaning or maintenance operations cannot be carried out except with specialised experience. Interesting instances of applying ejusdem generis consistent with legislative intent can arise with advances in technology. 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. The has also been described as a sui generis entity possessing an international personality. This rule essentially states that the statute means what it says. These provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered nonsubstantive and non-enforcable in and of themselves.

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How to use in a sentence

what is ejusdem generis

The modern avoidance canon tells the court to choose a different interpretation when another interpretation merely raises constitutional doubts. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In construing an ambiguous criminal statute, the court should resolve the ambiguity in favor of the defendant. The Social Construction Of Reality. In the this principle is known as ; but while Parliament has exclusive jurisdiction to legislate, the courts mindful of their historic role of having developed the entire system of common law retain sole jurisdiction to interpret statutes. 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. The traditional avoidance canon required the court to choose a different interpretation only when one interpretation was actually unconstitutional.

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Sui generis

what is ejusdem generis

Therefore, the court must try to determine how a statute should be enforced. Link to this page: Ejusdem generis. A modern court would have to decide if other weapons also fall under the same definition. This contrasts with other federal jurisdictions, notably the and , where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal , the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning.


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Ejusdem generis Meaning

what is ejusdem generis

In its counter affidavit the second respondent denied with the fact that petitioner union represented his workmen. Director of Finance for Mayor and City Council of Baltimore, 343 Md. Some of the canons are still known by their traditional names. Also, if the specific items listed include all of the possible items in a class, any general descriptor following the list is read as applying to a larger class of items. In his support the petitioner referred to the case India Statutory Corporation v.

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ejusdem generis rule

what is ejusdem generis

First Nations Education in Canada: The Circle Unfolds. Avoidance of abrogation of state sovereignty See Gregory v. In addition, it is argued that the canons give a credence to judges who want to construct the law a certain way, imparting a false sense of justification to their otherwise arbitrary process. Journal of the Linnean Society, Botany. In these cases the federal law is held to be paramount. For example, in road traffic law, a statute may require consideration of large vehicles separately from other vehicles. The freedom of interpretation varies by area of law.

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