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[Title]
B. Ejusdem Generis (of the same kind, class, or nature)
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This doctrine is useful

1) when
        a) a statute has
                i) explicitly
                ii) set forth a series of terms
                        A) to which the statute applies, and
        b) you are trying to determine
                i) whether the statute also applies to
                        A) other
                                I) people,
                                II) things or
                                III) situations
                                        (a) not explicitly mentioned
                                                (i) in the statute.

According to this doctrine
        a) of statutory construction
                
1) general words
        a) [that] follow specific words
                i) in a [statute]

     are construed
        a) to embrace only objects
                i) similar
                        A) in nature
                        B) to those objects
                                I) enumerate by the preceding specific words.24

In other words,

you should use the specific
        a) objects or
        b) things
                i) explicitly set forth in the statute
                
1) to determine
        a) what other
                i) objects or
                ii) things
                        A) the legislature intended to include.

For example,

in Heathman v. Giles

the Supreme Court of Utah used this doctrine
        a) to interpret the following statute:


        Utah Code Ann. 78-11-1025

        Before any action may be filed
                i) against
                        A) any sheriff, constable, peace officer, state road officer, or
                        B) any other person
                                I) charged with the duty of enforcement
                                        (a) of the criminal laws of this state []

        1) the proposed plaintiff,
                i) as a condition precedent thereto,

            shall
                i) prepare and
                ii) file with, and
                        A) at the time of filing the complaint
                                I) in any such action,
                        B) a written undertaking
                                I) with at least two sufficient sureties
                                        (a) in an amount to be fixed
                                                (i) by the court


A constable
is a person holding a particular office, most commonly in law enforcement.
The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police.

Etymology[edit]

General Sir Richard Dannatt, dressed in the formal attire of the Constable of the Tower, speaking at the Ceremony of the Constable's Dues, June 2010
Historically, the title comes from the Latin comes stabuli (attendant to the stables, literally count of the stables) and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.[1][2][3]

The title was imported to the monarchies of medieval Europe, and in many countries developed into a high military rank and great officer of State (e.g. the Constable of France, in French Connétable de France, who was the commander-in-chief of all royal armed forces (second to the king) until prime minister cardinal Richelieu abolished the charge in 1627).

Most constables in modern jurisdictions are law enforcement officers; in the United Kingdom, the Commonwealth of Nations and some Continental European countries, a constable is the lowest rank of police officer (it is also, when preceded by the term 'sworn', used to describe any police officer with arrest and other powers),
while in the United States a constable is generally an elected peace officer with lesser jurisdiction than a sheriff. However, in the Channel Islands a constable is an elected office-holder at the parish level.

Historically, a constable could also refer to a castellan, the officer charged with the defense of a castle. Even today, there is a Constable of the Tower of London.

An equivalent position is that of Marshal, which derives from Old High German marah "horse" and schalh "servant",[4] and originally meant "stable keeper",[5] which has a similar etymology.[6] (Considering the origin of the word "marshal", the title and rank of Air Marshal in the British Royal Air Force and others has a very interesting literal meaning.)


To determine
        a) whether Congress intended
                i) to include prosecuting attorneys
                        A) in the phrase
                                I) other person
                                        (a) charged with the duty of enforcement
                                                (i) ofcriminal laws,

1) the court looked at the preceding words
        a) (any sheriff, constable, peace officer, state road officer).

The court concluded that
        a) Congress did not intend
                i) to include prosecuting attorneys
                        A) under this statute
        b) because prosecuting attorneys were not of the class
                i) of officers
                        A) who are in the front line
                                I) of law enforcement [and]
                                II) in immediate contact
                                        (a) with the public.26



C. Expressio unius (inclusion of one thing implies the exclusion of the other)

Where certain terms have been
        a) explicitly
        b) set forth in a statute,

1) that statute may be interpreted
        a) not to apply to terms
                i) that have been excluded
                        A) from the statute.

For example,

one could argue
        a) that a statute
                i) that prohibits any horse, mule, cattle, hog, sheep, or goat
                        A) from running upon lands
                                I) enclosed by a fence

            does not apply to turkeys
        b) because the statute does not
                i) explicitly
                ii) proscribe turkeys.27


mule 1  (myo͞ol)
n.
1. The sterile hybrid offspring of a male donkey and a female horse, characterized by long ears and a short mane.
2. A sterile hybrid, as between a canary and other birds or between certain plants.
3. Informal A stubborn person.
4. A spinning machine that makes thread or yarn from fibers. Also called spinning mule.
5. A small, usually electric tractor or locomotive used for hauling over short distances.
6. Slang A person who serves as a courier of illegal drugs.
[Middle English, from Old French mul and from Old English mūl, both from Latin mūlus.]
click for a larger image
mule2mule 2  (myo͞ol)
n.
A backless slipper or shoe, often with a closed toe.
[Probably French, slipper, possibly from Middle Dutch muil, ultimately from Latin mulleus (calceus), reddish-purple (ceremonial shoe).]
hog  (hôg, hŏg)
n.
1.
a. Any of various mammals of the family Suidae, which includes the domesticated pig as well as wild species, such as the wild boar and the warthog.
b. A domesticated pig weighing over 54 kilograms (120 pounds).
2.
a. A self-indulgent, gluttonous, or filthy person.
b. One that uses too much of something.
3. also hogg
a. Chiefly British A young sheep before it has been shorn.
b. The wool from this type of sheep.
4. Slang A big, heavy motorcycle.
v. hogged, hogging, hogs
v.tr.
1. Informal To take more than one's share of: Don't hog the couch.
2. To cause (the back) to arch like that of a hog.
3. To cut (a horse's mane) short and bristly.
4. To shred (waste wood, for example) by machine.
v.intr.
Nautical To arch upward in the middle. Used of a ship's keel.
Idiom:
high on/off the hog Slang
In a lavish or extravagant manner: lived high on the hog after getting his inheritance.
[Middle English, from Old English hogg, possibly of Celtic origin; see sū- in Indo-European roots.]
hog (hɒɡ)
n
1. (Animals) a domesticated pig, esp a castrated male weighing more than 102 kg
2. (Animals) US and Canadian any artiodactyl mammal of the family Suidae; pig
3. (Agriculture) dialect Also: hogg Brit and Austral and NZ another name for hogget
4. informal a selfish, greedy, or slovenly person
5. (Nautical Terms) nautical a stiff brush, for scraping a vessel's bottom
6. (Nautical Terms) nautical the amount or extent to which a vessel is hogged. Compare sag6
7. (Building) another word for camber4
8. (Automotive Engineering) slang chiefly US a large powerful motorcycle
9. go the whole hog informal to do something thoroughly or unreservedly: if you are redecorating one room, why not go the whole hog and paint the entire house?.
10. live high on the hog live high off the hog informal chiefly US to have an extravagant lifestyle
vb (tr) , hogs, hogging or hogged
11. slang to take more than one's share of
12. to arch (the back) like a hog
13. (Horse Training, Riding & Manège) to cut (the mane) of (a horse) very short
[Old English hogg, from Celtic; compare Cornish hoch]
slovenly  (slŭvən-lē)
adj.
1. Untidy, as in dress or appearance.
2. Marked by negligence; careless or slipshod: a slovenly legal defense. See Synonyms at sloppy.
slovenliness n.
slovenly adv.
American Heritage Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
slovenly (ˈslʌvənlɪ)
adj
1. frequently or habitually unclean or untidy
2. negligent and careless; slipshod: slovenly manners.
adv
in a negligent or slovenly manner






23 Gutierrez v. Ada, 528 U.S. 250, 254-55 (2000).
24 Eskridge, supra note 1, at 823.
25 Actions against officers - Costs and attorneys fees.
26 Heathman v. Giles, 374 P.2d 839, 840 (Utah 1962).


Be aware however, that
        a) this doctrine assumes that
                i) the enacting legislature thought
                        A) through the statutory language
                        B) carefully,
                                I) considering every possible variation.28

In real world however,

legislatures often omit terms
        a) from a statute

1) because

        (a) the lawmakers do not have sufficient time
                i) to consider every specific application
                        A) of a bill
                ii) during the rush to pass legislation, or

        (b) legislatures expect the courts
                i) to fill in the gaps and
                ii) to adapt the statute
                        A) to
                                I) new and
                                II) unforeseen situations.29

In such cases,

you might look to other statutory interpretation tools
        a) to extend the statute
                i) to cover terms
                        A) not explicitly provided for in the statute.



3. Canons of Construction

Certain techniques
        a) of statutory construction

1) have been used so often
        a) that they have become formalized
                i) into canons.

Unlike the tools
        a) provided in this handout,

1) the canons are not particularly useful
        a) for discerning the meaning
                i) of a statute.

However,

1) many courts still find them persuasive, and
2) you may use these canons
        a) to justify and
        b) provide support for
                i) a particular interpretation of a statute.

A few of the many recognized canons are set forth below. 30

You will notice that
        a) some of the canons are similar to other tools
                i) that are presented in this handout.31

Additionally,

be aware that
        a) for each canon
                i) that supports your interpretation (rule),
        b) there is often an opposite canon
                i) that can be used
                        A) to defeat your interpretation or
                        B) to support an alternative interpretation
                                I) of the statute in question (counter rule).32





Rule

Counter-rule

IF the language of a statute is plain and unambiguous

1) it must be given effect

UNLESS a literal interpretation would
        a) lead to absurd or mischievous consequences or
        b) thwart the manifest purpose

IF the terms of the statute have received judicial construction
        a) before enactment

1) the terms should be understood
        a) according to that construction

UNLESS the statute clearly requires them to have a different meaning

Every word and clause must be given effect

a) UNLESS inadvertently inserted into the statute or
b) if repugnant to the rest of the statute,

1) certain words may be rejected as surplussage

Words are to be interpreted
        a) according to the proper grammatical effect
                i) of their arrangement within the statute

UNLESS strict adherent to the rules of grammar would defeat the purpose of the statute
A statute cannot go beyond its text

To effect the purpose of the statute,

1) the statute may be implemented beyond its text


27 Tate v. Ogg, 195 S.E. 496, 499-500 (Va. 1938).
28 Eskridge, supra note 1, at 824.
29 Id.
30 Id. at 909-12.
31 Wren & Wren, supra note 4, at 88.
32 A few of these canons, such as the rule of lenity or avoidance of constitutional issues appear quite frequently in judicial decisions. See generally Eskridge, supra note 1, at 909-915.



Helpful Suggestions


1. Look for Cross-references

When reading complex statutes,

← End



[Title]
B. Ejusdem Generis (of the same kind, class, or nature)



  
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