What is the legal meaning of Ejusdem generis?
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What is the legal meaning of Ejusdem generis?
of the same kind
Ejusdem Generis is a Latin term which means “of the same kind,” it is used to interpret loosely written 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.
What is Ejusdem general rule?
Legal Definition of ejusdem generis rule : a rule of construction: general words (as in a statute) that follow specific words in a list must be construed as referring only to the types of things identified by the specific words.
What is the difference between Ejusdem generis and Noscitur a Sociis?
In Latin Ejusdem generis means’of the same kind’ and Noscitur means ‘recognised by its partners’. Ejusdem generis is used for interpreting loosely written statutes legislation and Noscitur a sociis is used for interpreting questionable words in statutes. It is used by the court to interpret legislation.
When Ejusdem Generis is applied by judiciary?
One of them is “the doctrine of Ejusdem Generis”. This doctrine is applied when there are some specified words which are been followed by the general words. If there is any ambiguity in the meaning of the general words then this doctrine is applied.
What is Noscitur Sociis?
Legal Definition of noscitur a sociis : a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.
What is an example of Noscitur a sociis?
The eminent professor Graham illustrated the maxim with an example of the inability of an insured bankrupt to collect proceeds in the event of “illness, disability or death’. Bankruptcy means that there is a disability under the law since you cannot hold office and considered legally disabled.
Why are the canons of construction needed?
In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statute—usually Congress or a state legislature—meant by the language used in the law.
What are presumptions in statutory interpretation?
In the interpretation of statutes, certain so-called presumptions exist, which are not truly concerned with evidence at all, but are cannons of interpretation. Thus presumption means an act of presuming, assuming or imagining something to be true.