[STATCON] Chapter 5: Interpretation of Words and Phrases

Ubi lex non distinguit nec nos distinguere debemus

• Legal maxim that means “where the law does not distinguish, neither should we distinguish”

Generalia verba sunt generaliter intelligenda

• Legal maxim that means “what is generally spoken shall be generally understood” or “general words shall be understood in a general sense”.

Generale dictum generaliter est interpretandum

• Legal maxim that means “a general statement is understood in a general sense”.

1. Application creates obvious incongruities in the language of the statute, 2. Destroys one of its major purposes, 3. Becomes illogical as a result of change

What are the 3 cases where the general rule of statutory definitions controlling the meaning of statutory terms does not apply?

Progressive Interpretation

• a word of general signification employed in a statute should be construed, in the absence of legislative intent, to comprehend not only peculiar conditions obtaining at the time of its enactment, but also those that may normally arise after its approval as well.

• Note: This extends by construction the application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage and thus keep legislation from becoming ephemeral and transitory.

• Identical terms construed. Words or phrases repeatedly used in a statute will bear the same meaning throughout the statute.

OR as disjunctive

Disjunctive vs. Conjuctive Words

• Signifying disassociation and independence of one thing from each of the other things enumerated.

OR as to mean AND

Disjunctive vs. Conjuctive Words

• Applies only when the spirit or context of the law so warrants.

OR as “That is to say” / interpretative / expository

Disjunctive vs. Conjuctive Words

• Giving that which precedes it the significance as that which follows it.

OR as to mean successively

Disjunctive vs. Conjuctive Words

• To follow the order in which objects, acts, or persons have been named in the statute.

AND as conjunctive

Disjunctive vs. Conjuctive Words

• Used to denote union, binding together, or relating one to the other.

AND as to mean OR

Disjunctive vs. Conjuctive Words

• Only resorted to when a literal interpretation would pervert the intention of the legislature as gleaned from the context of the statute or from external factors

AND/OR construed

Disjunctive vs. Conjuctive Words

• shall be given to both conjunctive and disjunctive accordingly as one the other may best effectuate the purpose intended by the legislature.

Noscitur a Sociis

• where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found or with which it is associated.