ejusdem generis - Academic Dictionaries and Encyclopedias of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. Getting to know your inner ejusdem generis | open - mind Talk:ejusdem generis - Wiktionary "Yet another example of a rule of language in a legal maxim is the Ejusdem Generis rule which serves to restrict the meaning of general words to things or matters of the same kind (genus) as the preceding particular words. EJUSDEM GENERIS. Latin for "of the same kind," used to interpret loosely written statutes. Justice Hidayatullah explained the principles of this rule through the following example - In the expression, "books, pamphlets, newspapers, and other documents", private letters may not be held included if "other documents" be interpreted ejusdem generis with what goes before. Interpretation of Statutes - LEGAL TALK - LawVaccine.in What are the approaches to statutory interpretation? What does "Ejusdem Generis" Mean? - wiseGEEK Case where the rule of Ejusdem Generis was applied The Supreme Court in Maharashtra University of Health and others v. Satchikitsa Prasarak Mandal & Others7 has examined and explained the meaning of Ejusdem Generis as a rule of interpretation of statutes in our legal system. This entry about Ejusdem Generis Rule has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Ejusdem Generis Rule entry and the Encyclopedia of Law are in each case credited as the source of the Ejusdem Generis Rule entry. It is also about words being limited to the subject matter in which they are being issued. By applying this rule the presumed intention of the Legislature is used to restrict the ambit of wide and general expressions. There is another situation where ejusdem generis may be applied. Help us educate with a LIKE, SUBSCRIBE,and DONATION. 758 S.W.2d 442, 444 (Mo. . 'matters ejusdem generis' 'There are various possibilities: that they are to be construed eiusdem generis.' 'The competing possibilities on 8.2.3 are these: firstly, that the words 'any act' are to be construed, as it were, ejusdem generis, that is, it means any act attended by fault, because every other expression in 8.2.3 is a fault expression.' The rule of ejusdem generis has to be applied with care and caution. The rule of Ejusdem Generis is intended to be applied where general words have been used following particular and specific words of the same nature on the established rule of construction that the legislature presumed to use the general words in a restricted sense that is to say, as belonging to the same genus as the particular and specific words. In construing this Agreement, the rule known as the ejusdem generis rule shall not apply nor shall any similar rule or approach to the construction of this Agreement and accordingly general words introduced or followed by the word "other" or " including " or "in particular . The examples must be capable of creating a class. [1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class as those specifically enumerated,[2] unless, there is a clear . Noscitur a sociis - 'The words are known by the company they keep'. Whether a particular object or event not specifically referenced in that list is subject to the exclusionary function of the listing depends . So, friends we are all of same kind, trying to understand the various concepts of law. In plain terms, ejusdem generis rule means "of the same kind," meaning the intention of the creator of a list of defining terms in a legal document was to describe people, things, occurrences, etc., that should bear the same legal consequences. The ejusdem generis rule is one of the few that focuses on law as a specialized vernacular. 7 However, the ejusdem generis rule does not automatically apply to all commercial contracts; Courts will look at the parties' intentions and give general words a wider meaning not restricted to the proceeding words, if this is what the parties intended.5 In a case where the purchase of an aircraft did not have to proceed under a list of . This entry about Ejusdem Generis Rule has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Ejusdem Generis Rule entry and the Encyclopedia of Law are in each case credited as the source of the Ejusdem Generis Rule entry. Salmond explains the principle in the following words: "Yet another example of a rule of language in a legal maxim is the Ejusdem Generis rule which serves to restrict the meaning of general words to things or matters of the same kind (genus) as the preceding particular words. 2006) abrogated by Ali v. Fed. . Ejusdem generis. [The supreme court's] continued reliance on a number of fictions . Give an example of the use of ejusdem generis Powell v Kempton Park Racecourse [1899] 9 . can be used as an example of ellipsis, or dependency or inference. The term Ejusdem Generis in other words means words of a similar class. THE EJUSDEM GENERIS RULE "The ejusdem generis rule requires that general terms appearing in a statute in connection with specific terms are to be given meaning and effect only to the extent that the general terms suggest items similar to those designated by the specific terms. INTRODUCTION Ejusdem Generis is a Latin term which means In our day-to-day excise activities, we come across few classic examples warranting the application of this rule of "Ejusdem Generis", both under the Central Excise Rules, 2002 and the Cenvat credit Rules, 2004. ejusdem generis. . . . Understanding of the examples is coloured by the . The ejusdem generis rule is intended to guard against accidental omissions and it cannot be a cure for poor or inadequate drafting. ejusdem generis. If the intention was that the general words have a wide meaning, there would be no need to list specific examples - they would be surplus. According to many authors in the literature, a treaty shall be interpreted through application of the principle of ejusdem generis. such as ejusdem generis . Rule of Ejusdem Generis Ejusdem Generis means "of the same kind and nature". This rule states that where there is a list of words which is followed by general words then the general words are limited to the same kind of items as the specific words. The term Ejusdem Generis in other words means words of a similar class. Ejusdem Generis - Legal rule meaning 'of the same kind', used by judges to help them interpret the words in a statute. It is to the effect that if a word used as a general word and a dispute arises as to whether this general word includes a particular class, the decision must depend on whether the word in dispute is of the same class clearly covered by the Act. Ejusdem Generis (of the same kind): Similar class of words having common characteristics is what is meant by the rule Ejusdem Generis. In these cases the general words are not restricted by the meaning of the specific terms - they are considered instances or examples of the general words which precede them: Ambatielos v Anton Jurgens Margarine Works [1923] AC 175. The rule requires that where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specifically mentioned. rule to apply, the specific words must constitute a category, class or genus, if they constitute such a category, class or genus, then only things which belong to that category, class or genus fall within the general words." Unless there is a genus or category, there is no room for the application of . 1. Latin for " of the same kind ." Used to interpret statutes when a law lists classes of persons or things. Ejusdem generis is a Latin phrase meaning "of the same kind.". This rule means that a general word should mean the same kind of nature as the specified words in the list. .
The first difficulty was caused by the Butler 1I court's application of ejusdem generis, a simple constructional aid, to over- Definition Ejusdem generis is latin for "of the same kind."When a law lists lists classes of persons or things, this concept is used to clarify such a list. For example, "Gambling should not take place in houses, offices, rooms, and other places". ), "the principle of Ejusdem Generis is where general words follow an enumeration of persons or things by particular and specific words. EJUSDEM GENERIS, of the same kind. Ejusdem Generis and the Golden Rule in the context of Statutory Interpretation. As a legal term it refers to a principle for interpreting the language of a statute. What is golden rule of interpretation? The rule of ejusdem generis must be applied with great caution because, it implies a departure from the natural meaning of words, to give them a meaning or assumed intention of the legislature. The application of this rule should be done with great care. Breach, he restated the rule in a pithy form: "Where general words follow particular ones, the rule is to con-strue them as applicable to persons [or things, presumably] ejusdem generis." 2 P Ejusdem generis, which is the rule's Latin name, translates to "of the same kind." Expressio unius est exclusio alterius. Unless there is some contrary indication, this principle is supposed to apply. [The supreme court's] continued reliance on a number of fictions . In order for the ejusdem generis rule to apply, the specific words used must constitute a category, class or genus. [Latin "of the same kind or class"] A canon of construction that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same type as those listed. An example of where this is apparent would be Powell v. Kempton Racehorse Company. For example, "Gambling should not take place in houses, offices, rooms, and other places". Sentence Examples. DRAFTERS AT THE HIGHEST LEVEL APPARENTLY DO NOT RELY ON . The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed . Introduction. undercuts the persuasiveness of its opinions and the credibility of its decisions." 15.
"The ejusdem generis rule is an example of a broader linguistic rule or practice to which reference is made by the Latin tag noscitur a sociis. ejusdem generis. Where a law lists specific classes of persons or things and then refers to them in . SUBMITTED TO:- Mr. Jasdeep singh (ASSociate PROFESSOR)Submitted by:-Era mittal 40913403815 vaibhav negi 07113403815 Ba/llb (8th semester) INTRODUCTION Ejusdem Generis is a Latin term which means "of the same kind," it is used to interpret loosely written statutes.
It will be seen that the application of this rule can also lead to miscarriage of justice and deviation from the purpose of the statute thus impacting the framework of civil law. Not only these general words are construed but . . Rule of Ejusdem Generis Ejusdem Generis means "of the same kind and nature". EJUSDEM GENERIS. In our day-to-day excise activities, we come across few classic examples warranting the application of this rule of "Ejusdem Generis", both under the Central Excise Rules, 2002 and the Cenvat credit Rules, 2004. . ( ee-joose - dem gen - ris) adj. If the golden rule was applied, this would be the . Legislative history is ejusdem generis rule makes a term in interpretation rules of the interpreter will. A good example is the canon . 'Ejusdem Generis' is a Latin term and the meaning of it is "of the same kind and nature". Step 3 Application of the Law: If the literal rule was applied, this would be the answer . . courts. A good example is the canon ejusdem generis . As per this rule the similar class of words are all of one genus and the general word shall be restricted to that genus only. The rule of ejusdem generis says that when a generic description follows specific items, the more generic description is read to apply only to things belonging to the same group or class as the . Ejusdem Generis. Bureau of Prisons, 552 U.S. 214 (2008). Ejusdem generis. Black's Law Dictionary 556 (8th ed.2004). When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. In plain terms, ejusdem generis rule means "of the same kind," meaning the intention of the creator of a list of defining terms in a legal document was to describe people, things, occurrences, etc., that should bear the same legal consequences. (eh-youse-dem generous) adj. According to the Black's Law Dictionary (8th edition, 2004. In short, specific terms modify or restrict the application of general terms where both are used in sequence." The literal rule was applied and the defendant was thus acquitted. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land . Thank you!https://www.patreon.com/SeeHearSayLearn , http://www.youtube.com/c/SeeHearSayLearn?sub_confirm. So you'll have to take the consequences from your spouse for not intuitively understanding the ejusdem generis rule. Ejusdem generis is Latin for 'of the same kind'. It is thought that nowadays it would be unusual for the scope . undercuts the persuasiveness of its opinions and the credibility of its decisions."15 The common criticism about squishiness is borne out by a large sampling of cases involving the term . ejusdem generis (ee-j[schwa]s-d[schwa]m jen-[schwa]-ris also ee-joos- or ee-yoos-). In Mutuc vs. Commission on Elections,11 the rule of "ejusdem generis" was once more applied to construe a provision of the Constitutional Convention Act of 1970 (R.A. 6132) which made it unlawful for candidates "to purchase, produce, request or distribute sample ballots, or electoral propaganda gadgets such as pens, lighters, . When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. It will be seen that the application of this rule can also lead to miscarriage of justice and deviation from the purpose of the statute thus impacting the framework of civil law. Ejusdem Generis (rule of language) - Means 'of the same type' - In other words, if a word with general meaning follows a list of specific words, then the general word only applies to things of the same type as the specific words For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor - powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include . Here i have discussed the concept o. ROUGHLY A THIRD OF PROFESSIONAL . This time, specific words follow general terms. So, for example, when the Sunday Observance Act, 1677, provided that no "tradesman, artificer, workman, labourer or other .
KEYWORDS: Civil, Ejusdem Generis, Interpretation, Justice, Legislature, Noscitur a sociis, Socio-legal.
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