SECONDARY RULES

1. Noscitur a Sociis : “to know the meaning by association”

 The principle of Noscitur a Sociis means that the meaning of a word is understood by considering the words
around it.
 When a word could have many meanings, its meaning is narrowed down by looking at the surrounding context.
 This principle is applied because it helps to give a specific meaning to a word based on how it's used in a
sentence.
 Example: When a rule mentions certain animals like horses, cows, and sheep, and then adds "other animals," it
means only animals similar to those mentioned earlier. So, if the rule talks about ferrying horses, cows, sheep,
and other animals, it's talking about animals like them, not different types like lions or tigers.
 In the case of Quazi v. Quazi, the term "other proceedings" in the phrase "judicial or other proceedings" wasn't
limited to just court-related proceedings.

2. Rule of Ejusdem Generis: of the same class or kind

The ejusdem generis rule is a legal principle that states that when a general word or phrase follows a list of
specific words or phrases, the general word or phrase should be interpreted to encompass only things of the
same kind or nature as those specifically mentioned. In simpler terms, it means that when there is a list of
specific items followed by a more general term, the general term should be understood to refer to things similar
to those listed.

For example, If a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles,
“vehicles” would not include airplanes, since the list was of land-based transportation.

This rule helps to ensure consistency and coherence in legal interpretation by preventing overly broad
interpretations of general terms that could extend beyond the scope of the specific examples provided.

3. Expressio unis est exclusion alterius: expression of one excludes the other
It states that when a law explicitly mentions one thing, it implicitly excludes others not mentioned. if a statute
specifically lists certain items or categories, it is presumed that anything not listed is intentionally excluded
from the scope of the law.

For instance, imagine a statute that grants certain benefits to "employees of government agencies such as police,
fire, and sanitation departments." In this case, the law explicitly mentions these three categories of employees.
According to the principle of expressio unis est exclusion alterius, it can be inferred that the legislature intended
to exclude employees of other government agencies who are not mentioned, such as those working in public
works or health departments, from receiving the same benefits.

This principle is not absolute. Sometimes, a list in a statute may be illustrative rather than exhaustive. This
distinction is typically indicated by the use of words such as "includes" or "such as." In such cases, the law is
interpreted to cover the listed items as examples but does not necessarily exclude other similar items.

For example, if a law provides benefits to "members of the armed forces, such as soldiers, sailors, and airmen,"
it implies that these are examples of eligible individuals, but it does not preclude other members of the armed
forces, such as marines or coast guards, from being eligible for the same benefits.
4. "Expressum facit cessare tacitum"

Is a Latin legal maxim that means "the express mention of one thing implies the exclusion of others." This
principle is used in statutory interpretation to guide courts in determining the legislative intent behind a law.

In simpler terms, when a statute explicitly mentions certain matters or circumstances, it implies that the
legislature intentionally chose to address those specific issues, and any matters or circumstances not mentioned
are presumed to be intentionally excluded from the scope of the law.

For example, suppose a law states that "members of the armed forces, such as soldiers, sailors, and airmen, are
eligible for a particular benefit." In this case, the law explicitly mentions these three categories of military
personnel. According to the principle of "expressum facit cessare tacitum," it can be inferred that the legislature
intended to exclude other categories of military personnel, such as marines or coast guards, from eligibility for
the same benefit because they were not expressly mentioned.

This principle helps ensure clarity and consistency in legal interpretation by guiding courts to focus on the
specific language used in the statute and the legislative intent behind it. It prevents overly broad interpretations
that could extend the application of the law beyond what was intended by the legislature.

5. Contemporanea expositio:

The words and sentences shall be understood in the sense that was contemporary ie relevant, suitable , at the
time of making the law.

For example, let's consider an ancient statute that regulates the rights and responsibilities of landowners in a
medieval kingdom. If there is ambiguity in the language of the statute, courts may look to how people at the
time of its enactment understood and applied the law. This could involve examining historical records, legal
documents, and other evidence of contemporary practices and customs related to land ownership.

By applying this principle, courts aim to interpret the law in a manner consistent with the original intent of the
legislators and the understanding of the law by those who lived during the same period. This approach helps
ensure that the law is interpreted in a manner that reflects its historical context and the societal norms prevailing
at the time of its enactment.

6. "Reddendo singula singulis"

Is a Latin legal maxim that means "by attributing each to each." This principle is used in statutory interpretation
to ensure that each term or phrase in a statute is given its proper and specific meaning, without any confusion or
overlap.

In simpler terms, when interpreting a statute, each word or phrase should be applied to its corresponding and
appropriate counterpart or context within the law. This helps to avoid ambiguity and ensures that each provision
is given effect in accordance with its intended purpose.

For example, if a law states that "vehicles, including cars, trucks, and motorcycles, are subject to registration,"
the principle of "reddendo singula singulis" would require that each type of vehicle listed (cars, trucks,
motorcycles) be treated separately and distinctly when determining registration requirements. This means that
cars should be registered as cars, trucks as trucks, and motorcycles as motorcycles, without any overlap or
confusion between the categories.
 Overall, "reddendo singula singulis" serves as a guiding principle in legal interpretation, ensuring precision and
clarity in the application of statutes by attributing each term or phrase to its appropriate counterpart.

7. Mandatory and directory

The mandatory and directory rule is a legal principle used to interpret statutes or laws, particularly regarding
procedural requirements. This rule helps determine whether a particular provision in a statute is mandatory,
meaning it must be strictly complied with, or directory, meaning it sets out a preferred procedure but failure to
comply does not necessarily invalidate the action.

In simple terms, if a provision is considered mandatory, failure to adhere to it can lead to serious consequences
such as nullifying the action or rendering it invalid. On the other hand, if a provision is considered directory,
non-compliance may not necessarily invalidate the action, although there may still be consequences.

For example, consider a statute that requires government agencies to submit annual reports to the legislature by
a specified deadline. If this deadline is considered mandatory, failure to submit the report on time could result in
legal penalties or the report being disregarded. However, if the deadline is considered directory, late submission
may still be accepted, although there could be repercussions such as public criticism or administrative sanctions.

Courts often look at various factors, including the language of the statute, its purpose, and the consequences of
non-compliance, to determine whether a provision is mandatory or directory. Additionally, legislative intent
plays a crucial role in interpreting whether a requirement is mandatory or directory.

Overall, the mandatory and directory rule helps ensure the effective implementation of statutes while allowing
for flexibility in certain procedural matters.

8. conjunctive and disjunctive rule

The conjunctive and disjunctive rule is a principle used in legal interpretation to understand the meaning of
words like "and" and "or" in statutes or contracts.

Conjunctive Rule: When the term "and" is used, it generally signifies that all conditions or elements listed must
be satisfied or present for the provision to apply. In other words, "and" requires that all conditions be met
simultaneously.

For example, if a statute states that a person must be "of sound mind and body" to enter into a contract, both
mental and physical health are required for the contract to be valid. If either mental or physical health is lacking,
the requirement is not met.

Disjunctive Rule: Conversely, when the term "or" is used, it typically signifies that only one of the conditions or
elements listed needs to be satisfied for the provision to apply. In other words, "or" allows for alternative
conditions or options.

For example, if a statute states that a person may use a certain road "by foot, bicycle, or car," any one of the
listed modes of transportation is sufficient for lawful use of the road. The person can choose any of the options
listed.
9. "Casus omisus"

Is a Latin legal term that translates to "case omitted" in English. It refers to a situation where a law or statute
fails to address a specific circumstance or scenario. In other words, it describes a legal loophole or gap in the
law where no provision exists to govern a particular situation.

When a casus omisus occurs, it can present challenges in legal interpretation and application. Courts may need
to consider principles of statutory interpretation, legislative intent, and legal precedent to determine how to
address the situation. Additionally, lawmakers may need to enact new legislation to fill the gap and provide
clarity on how similar situations should be handled in the future.

Overall, casus omisus highlights the complexity of legal systems and the need for ongoing review and revision
of laws to ensure they remain relevant and effective in addressing evolving societal needs and circumstances.

10. “gender" and "number"

The terms "gender" and "number" are linguistic concepts that are often relevant in legal drafting and
interpretation.

Gender: In language, gender refers to the classification of nouns and pronouns into categories such as
masculine, feminine, or neuter. In some languages, such as Spanish or French, gender is a grammatical feature
that affects the form of adjectives, articles, and other words that modify nouns.

In legal drafting, gender-neutral language is increasingly preferred to promote inclusivity and avoid
assumptions about gender. For example, instead of using "he" or "she," legal documents may use "they" or "the
individual" to refer to a person without specifying gender.

Number: Number refers to the grammatical category that indicates whether a noun or pronoun is singular or
plural. Singular refers to one person or thing, while plural refers to more than one person or thing.

In legal drafting, it's important to use language that accurately reflects the intended scope and application of
laws. For example, statutes may use singular nouns or pronouns when referring to individuals, such as "the
defendant," and plural nouns or pronouns when referring to groups of people, such as "the plaintiffs."

Additionally, clarity in number is crucial to avoid ambiguity in legal documents. Ambiguous language can lead
to confusion or disputes over the interpretation of statutes or contractual terms.

Overall, paying attention to gender and number in legal drafting helps ensure that language is precise, inclusive,
and accurately reflects the intended meaning of laws and agreements.