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13 Cards in this Set
- Front
- Back
Interpretatio cessat in claris
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There's no room for interpretation if the text is clear.
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Specialia generalibus derogant
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Special dispositions derogate from general dispositions
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Cessante ratione leges cessat ejus dispositio
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THe effect of a law ends where its rationale ends.
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Ubi eadem est legis ratio, ibi eadem est legis dispositio
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The effect of a law extends as far as its rationale extends.
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Ubi dicit de uno negat de altero
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Where the law says one thing, it negates the other.
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A pari ratione
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(Argument by analogy)
Where a statutory provision lays down a rule for x, one infers that the same rule applies to any non-x that exhibits those characteristics of x that led |
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A contrario sensu
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Where a statutory provision lays down a rule for x, one can infer, at least under some circumstances, that every non-x is subject to an opposing rule.
(Not very reliable) |
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A fortiori ratione
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Where a statutory provision lays down a rule for x, one infers that the same rule applies to any non-x for which the same treatment would be even more justified.
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Ratione legis stricta
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Where the terms of a statutory provision are clear and precise, one must interpret the provision literally.
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A generali sensu
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When a statute is cast in general terms, one must interpret it in as general a sense as is possible, or, in other words cannot restrict its scope by interjecting into it distinctions that its terms do not support.
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Ejusdem generis
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Argument from genre
Where a statutory provision sets forth a list of particular things or persons followed by "general words" such as "other things or persons" (in other words, a catch-all term), one may infer that those general words refer only to things or persons that are of the same kind as the particular things or persons listed. |
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A rubrica
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Argument from title
In interpreting a statutory provision, one may take into account the title of the legislative test. |
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Teleological argument
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In the future, the rationale will be even more justified.
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