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13 Cards in this Set

  • Front
  • Back
Interpretatio cessat in claris
There's no room for interpretation if the text is clear.
Specialia generalibus derogant
Special dispositions derogate from general dispositions
Cessante ratione leges cessat ejus dispositio
THe effect of a law ends where its rationale ends.
Ubi eadem est legis ratio, ibi eadem est legis dispositio
The effect of a law extends as far as its rationale extends.
Ubi dicit de uno negat de altero
Where the law says one thing, it negates the other.
A pari ratione
(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
A contrario sensu
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)
A fortiori ratione
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.
Ratione legis stricta
Where the terms of a statutory provision are clear and precise, one must interpret the provision literally.
A generali sensu
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.
Ejusdem generis
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.
A rubrica
Argument from title
In interpreting a statutory provision, one may take into account the title of the legislative test.
Teleological argument
In the future, the rationale will be even more justified.