MAXIMS
FINALS
Ubi lex non distinguit, nec nos
distinguere debemus
Ubi lex non distinguit, nec nos
distinguere debemus
Where the law does not make any
exception, courts may not except something
therefrom, unless there is compelling reason
apparent in the law to justify it.
Generalia specialibus non derogant
Generalia specialibus non derogant
General provisions do not derogate from specific provisions
This is a common law principle for construing legislation which
holds that a syntactical presumption may be made that where
there is a conflict between a general and a specific provision, the
specific provision will prevail.
For example, if there is a general rule that says "no pets allowed in
the building" but a specific rule that says "service animals are
allowed," the specific rule takes priority and allows service animals
in the building.
Ejusdem Generis
Ejusdem Generis
“Of the same kind”
The principle of ejusdem generis states that where general words
or phrases follow a number of specific words or phrases, the
general words are specifically construed as limited and apply only
to persons or things of the same kind or class as those mentioned.
For example, if a law refers to automobiles, trucks, tractors,
motorcycles, and other motor-powered vehicles, a court might use
ejusdem generis to hold that such vehicles would not include
airplanes, because the list included only land-based
Expressio unios est exclusion alterius
Expressio unios est exclusion alterius
The express mention of one person, thing, or consequence implies the exclusion of all others.
Variations:
1. Expressum facit cessare tacitum. “What is expressed puts an end to that which is implied”
2. exceptio firmat regulam in casibus non exceptis. “A thing not being excepted must be
regarded as coming within the purview of the general rule”
3. 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.
*The rule of Expressio unios est exclusion alterius and its variations are cannons of restrictive
interpretation.
*They are opposite the doctrine of necessary implication.
*They proceed from the premise that the legislature would not have made specified
enumerations in a statute had the intention been not to restrict its meaning and confine its
terms to those expressly mentioned.
Noscitur Sociis
Noscitur Sociis
“A word is known by the company it keeps”
“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.”
Purpose: to ensure that ambiguous terms are interpreted in a way that aligns with the
overall context and legislative intent of the statute.
An example of "noscitur a sociis" would be if a law states "no vehicles are allowed in the park, including cars, trucks, and
motorcycles," then, using this principle, "vehicles" would be interpreted to mean only car-like vehicles similar to cars, trucks, and
motorcycles, as the surrounding words suggest a category of motorized land transportation, likely excluding things like bicycles or
scooters.
Ambiguous word: "Vehicles" is the unclear term that needs interpretation.
Contextual clues: "Cars, trucks, and motorcycles" are the surrounding words that help define the meaning of "vehicles".
Interpretation: Based on the context, "vehicles" is understood to mean only motorized land vehicles similar to the listed examples
Leges posteriors priores contrarias
abrogant
Leges posteriors priores contrarias
abrogant
"later laws abrogate earlier, contrary ones"
It's a constitutional theory doctrine that states
that when two laws conflict, the later law is
binding and the conflicting parts of the earlier law
are no longer legally valid. This doctrine is also
known as implied repeal.
Lex specialis derogant generali
Lex specialis derogant generali
“a specific law repeals a general law”
It is a legal principle that prioritizes specific laws
over general laws when there is a conflict.
Suprema Lex
Suprema Lex
“The supreme law”
This principle asserts that the constitution is the
highest law of the land, and no law or regulation
can contradict or override it.
Dura lex sed lex
Dura lex sed lex
“the law is harsh, but it is the law”
A maxim of Roman civil law meaning that,
however regrettable the outcome of the legal
decision may be, the law must be proclaimed and
enforced.
