CHAPTER V.

INTERPRETATION OF 'of the same kind' or class with those

WORDS AND PHRASES specially named in the preceding words.
MAXIMS:
7.Expressio unius est exclusion alterius
1.Ubi lex non distinguit nec nos "the expression of one thing is the exclusion
distinguere debemus of the other". The statute by its terms, is
expressly limited to certain matters, it may
“where the law does not distinguish, neither
not, by interpretation or construction, be
should the courts distinguish” or, in other
extended to other matters.
words, the generality of the formulation of a
legal text leads to generality of its
application, without being able to make
8.Expressum facit cessare tacitum
distinctions to which that text does not refer.
“what is expressed makes what is implied
2.Generalia verba sunt generaliter
silent”
intelligenda-
9.Exeptio firmat regulam in casibus non
what is generally spoken shall be generally
exceptis-
understood.
the exception tests the rule in the cases not
3.Generale dictum generaliter est
excepted". Ex."Entry is free on Sundays." -
interpretandum-
This implies that entry is not free on the
A general statement is understood in a other six days of the week.
general sense.

10.Casus ommissus pro omisso

4.Verba accipienda sunt secundum
materiam
A word is to be understood in the context in
which it is used.
5.Noscitur a sociis
“it is known by its associate” The meaning of
an unclear or ambiguous word (as in a
statute or contract) should be determined by
considering the words with which it is
associated in the context.
6.Ejusdem generis
“of the same kind” expressions in an act,
such as 'and all others,' or 'any others,' are
usually to be restricted to persons or things
habendus est-
A case omitted is to be held as intentionally
omitted.
11.Ad proximum antecedens fiat relation
nisi impediatur sentential –
Relative words refer to the nearest
antecedents, unless the context otherwise
requires.
12.Reddendo singular singulis-
by referring each to each; referring each
phrase or expression to its corresponding
object. In simple words “reddendo singula
singulis” means that when a list of words
has a modifying phase at the end, the
phrase refers only to the last.