Rules Of Language

Front 1

Rules of language

Back 1

Common sense rules that have developed over time.

Front 2

Ejusdem generis

Back 2

General words that follow specific words are limited to the same type as the specific ones.

Re Stockport: courts considered the phrase "cathedral, collegiate,chapter and other schools" that other schools had to be limited to the same schools.

Front 3

Experssio unius exlusio alterius

Back 3

Specifically mention one thing and it excludes everything else.

Inhabitants of Sedgley : rates charged on 'land, titles and coal mines' rates can be charged on any other coal mines.

Front 4

Noscitur a spociis

Back 4

A word draws meaning from other words around it. I.e revenue comissioners v Frere :nterest, annuities and other annual payments means financial interest.

Front 5

Literal rule

Back 5

Giving words their plain ordinary dictionary meanings no matter the consequences. Can lead to absurdity

Absurd result = should be found guilty.

Front 6

Literal rule: Whiteley v Chapel

Back 6

Impersonated a dead man. Charged with impersonating, 'any person who is entitled to vote an election' but using the literal rule it means that he was acquitted.

Front 7

Literal rule: Fisher v Bell

Back 7

Shop keeper had illegal flick knives displayed in a shop window. It was considered not an offer but 'an invitation to treat' . Even though the offensive weapons act said this is illegal, applying the literal rule the defendant was not guilty.

Front 8

Golden rule

Back 8

If a word is ambiguous the judge may choose between possible meanings of the word in order to avoid an absurd outcome.

Front 9

Golden rule: R v Allen

Back 9

If a married person married another the marriage would be bigamy. But if you marry another whilst in a marriage then the marriage is legally void. Using the literal rule it would be impossible to commit bigamy. The courts used the golden rule of 'marriage' and said that it us the ceremony. Allen was convicted.