Interpretation of Statutes and of Contracts Dictionary

Written words often lend themselves to several interpretations leaving a court to sort out the maze in order to determine legal rights (this area of the law is also known as construction of statutes). In those cases, the law presents an arsenal of maxims and rules. This Interpretation of Statutes and of Contracts Dictionary houses all those maxims, rules and legal terms that direct the inquiring mind as to the interpretation of statutes and contracts.

Ab Absurdo

Latin: an evidentiary suggestion or statutory interpretation that is, or leads to, an absurdity.

Actus Dei Nemini Facit Injuriam

Latin: An act of God causes legal injury to no one.

Ad Proximum Antecedens Fiat Relatio Nisi Impediatur Sententia

Latin: relative words must ordinarily be referred to the last antecedent, the last antecedent being the last word which can be made an antecedent so as to give a meaning.

Amend

To change, to revise; to formally change a statement on the record or the wording of a written document, such as a statute.

And/Or

Any combination of two options; one, the other (either), or both.

Armchair Rule

A rule of interpretation that a judge, called upon to interpret an otherwise unclear legal document, shall take into account the circumstances in which the document was created.

Construction

The legal process of interpreting a phrase or document; of trying to find it’s meaning.

Contemporanea Expositio

That the meaning of words in a document are to be understood in the sense which they bore at the time of the document.

Deem

To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status.

Ejusdem or Eiusdem Generis

Of the same kind or nature.

Enactment

A statute or regulation pursuant thereto.

Expressio Unius Est Exclusio Alterius

Latin: the expression of one thing is the exclusion of the other.

Falsa Demonstratio Non Nacet

A wrong description of an item in a legal document (such as a will) will not necessarily void the gift if it can be determined from other facts.

Generalia Specialibus Non Derogant

Latin maxim of interpretation: the provisions of a general statute must yield to those of a special one.

Golden Rule

A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it.

Grand-Father Clause

A provisions in law or a contract which exempts persons already engaging in the activity which the law or contract prohibits, from adverse results from the subsequent law or contract.

Honour of the Crown

A phrase of Canadian aboriginal law in reference to the sometimes generous attitude the law takes to the definition of aboriginal rights.

Ignorantia Juris Non Excusat

Latin: ignorance of the law is no excuse.

Indian Canon

A principle of statutory interpretation that statutes should be construed liberally in favor of Indians.

Legalese

Legal terms combined in long-winded sentences, or varied or with permutations, with the initial design of legal or drafting precision but which otherwise add unnecessary complexity or inadvertently resulting in confusion.

Liberal Construction

A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document.

Literal Construction

A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used.

Non Sequitur

Latin: it does not follow.

Noscitur a sociis

Latin: that the meaning of a word may be known from accompanying words.

Plain Meaning Rule

A rule of interpretation that where the plain meaning of a statute is apparent, there is no room for interpretation.

Rule of Lenity

A rule of construction of statutes: that criminal statute ambiguities are resolved in favor of the defendant or accused.

Statutes in Pari Materia

Statutes sharing a common purpose or relating to the same subject and which are construed together.

Strictissimi Juris

Latin: the strictest letter of the law.

Sui Generis

Latin: of its own kind.

Surplusage

Superfluous allegations, especially in regards to pleadings.

Ut Res Magis Valeat Quam Pereat

Latin: It is better for a thing to have effect than to be made void.

Valeat Quantum Valere Potest

Latin: it shall have effect as far as it can have effect.

Verba Fortius Accipiuntur Contra Proferentem

Latin: a contract is interpreted against the person who wrote it.

Viz

Latin: to wit, that is to say.

Words of Limitation

Words in a conveyance or in a will which set the duration of an estate.

Words of Purchase

Also known as words of substitution; words which describe what should happen to a gift if the person first named is no longer alive when it takes effect.

Wrongful

An act or omission that exposes a person to civil or criminal liability.