[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.

Verba accipienda sunt secundum materiam

• Latin maxim that means that a word is to be understood in the context in which it is used.

Ejusdem Generis

• same kind/same specie; to give effect to both the particular and general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words.

1. The enumeration have no distinguishable common characteristics and greatly differ from one another

2. The enumeration of the particular and specific words is exhaustive

3. The enumeration does not thereby restrict the meaning of the general word, but should include others of the same class although not enumerated therein

What are the 3 exceptions of application of Ejusdem Generis?

1. A statute contains an enumeration of particular and specific words, followed by a general word or phrase;

2. The particular and specific words constitute a class or are of the same kind

3. The enumeration of the particular class and specific words is not exhaustive or is not merely by examples; and

4. There is no indication of legislative intent to give the general words or phrases a broader meaning

What are the Requisites of Ejusdem Generis?

Expressio unius est exclusio alterius

• A Latin maxim that means “The express mention of one person, thing, or consequence implies the exclusion of all others”.

Expressum facit cessare tacitum

3 Variations of Expressio unius est exclusio alterius

• What is expressed puts an end to that which is implied.

• Thus, where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. 

The expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed

3 Variations of Expressio unius est exclusio alterius

• The rule is based on the fact that in human experience, the minds of the parties usually are addressed specially to the particularization, and that the generalities, though broad enough to comprehend other fields if they stood alone, are used in contemplation of that upon which the minds of the parties are centered.

Expressio unius est exclusio alterius

Anything that is not included in the enumeration is excluded therefrom and a meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein.

Expressio unius est exclusio alterius

A canon of restrictive interpretation.

Strictissimi juris

• lit. "of the strictest right or law".

• It describes a principle of legal interpretation that requires a statute, contract, or privilege to be construed in the most narrow, literal, and rigorous way possible.

1. Granting powers

2. Creating rights and remedies

3. Restricting common rights

4. Imposing penalties and forfeitures

When is Expressio unius est exclusio alterius generally applied?

armas blancas

• A Spanish term that translates to “bladed/edged weapons”.

Provisos

• A part of the statute that restrains or qualifies the generality of the enacting clause or section to which it refers.

• Commonly found at the end of a section, or provision of a statute, and is introduced, as a rule, by the word “Provided”. It may also be introduced by some other words or phrases, such as “but nothing herein” which is nevertheless in the nature of a _____ and should be construed as such.

(1) to limit the application of the enacting clause, section, or provision of a statute, or to except something therefrom, or
(2) to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it

What is the general purpose of a proviso?

proviso

A ______ may thus enlarge, instead of restrict or limit, what otherwise is a phrase of limited import had there been no ______ qualifying it.

Only the phrase immediately preceding it or restrains or limits the generality of the clause that it immediately follows, unless it clearly appears that the legislature intended it to have a wider scope.

What does a proviso qualify or modify?