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Law-Exchange.co.uk Shared Resource

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  • 1. RULES OF LANGUAGE Sometimes how the wording in a section is structured can help the judge find the intentions of Parliament. If, for example, the section contains a list of words followed by a general phrase (e.g. ‘sandals, flip flops, crocs and other footwear) the thing in question, (wellington boot) can only come within the list if it is ‘OF THE SAME TYPE AS THOSE IN THE LIST’. So, is a wellington boot of the same type of footwear as those in the list? Yes/No WELL DONE! YOU HAVE JUST APPLIED THE EJUSDEM GENERIS RULE!
  • 2. WILD ANIMALS ACT 2011
    • Section 1(1)
    • It shall be an offence to own or keep, as a domestic pet, lions, tigers, leopards or other animals.
    • .
  • 3. Cedric wants to know if he can own as a pet:
    • A Panther?
    • A Chinchilla?
    • A Parrot?
    • A Meerkat?
    • (Get it?)
  • 4. THE EXPRESSIO RULE
    • This rule is applied when the section contains a ‘closed list’. There is no general phrase.
    • For example, within a section it might state ‘this Act applies to coffee, tea and hot chocolate’.
    • So, would Horlicks be covered by this section?
    • Answer: NO. This list is closed. So, the Act ONLY applies to these drinks.
  • 5. WILD ANIMALS ACT 2011
    • Section 1(2)
    • All reptiles, namely, snakes and lizards kept in captivity as domestic pets must be registered with the RSPCA
  • 6. Cedric wants to know if his
    • Chameleon
    • Hamster
    • has to be registered with the RSPCA?
  • 7. NOSCITUR RULE
    • ‘ A word is known by the company it keeps.’
    • E.G Foster v Diphwys Casson (1887) , involved a statute which stated that explosives taken into a mine must be in a “case or canister”. Here D used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under the noscitur rule it was held that the bag could not have been within the statutory definition, because parliament’s intention was referring to a case or container of the same strength as a canister
  • 8. TASKS
    • USING YOUR TEXTBOOK, COMPLETE THE WORKSHEET ON ‘OTHER AIDS TO INTERPRETATION – RULES OF LANGUAGE’ IN YOUR WORKBOOK.
    • ENSURE YOU TAKE CLEAR NOTES ON THE RELEVANT CASES – JUST STATING THE CASE NAME IS NOT ENOUGH!
    • COMPLETE THE TASK AT THE END OF THE WORKSHEET.

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