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This document lists 25 Latin legal maxims that provide guidance on statutory construction and interpretation of laws. Some of the key principles discussed are: the construction of law has the force of law; laws should be interpreted harmoniously as a uniform system; later laws abrogate prior contrary laws; statutes should be interpreted to uphold rather than destroy them; and the context may prevent words from referring to their nearest antecedent.
This document lists 25 Latin legal maxims that provide guidance on statutory construction and interpretation of laws. Some of the key principles discussed are: the construction of law has the force of law; laws should be interpreted harmoniously as a uniform system; later laws abrogate prior contrary laws; statutes should be interpreted to uphold rather than destroy them; and the context may prevent words from referring to their nearest antecedent.
This document lists 25 Latin legal maxims that provide guidance on statutory construction and interpretation of laws. Some of the key principles discussed are: the construction of law has the force of law; laws should be interpreted harmoniously as a uniform system; later laws abrogate prior contrary laws; statutes should be interpreted to uphold rather than destroy them; and the context may prevent words from referring to their nearest antecedent.
1. Legis interpretatio legis vim obtinet The construction of law obtains
the force of law. 2. Res Ipsa Loquitor the thing speaks for itself. 3. Casus omissus pro omisso habendus est A case omitted is to be held as intentionally omitted. 4. Expressio unius est exclusio alterius the mention of one thing implies the exclusion of another thing. 5. Sui Generis of its own kind; in a class y itself; unique 6. Quantum meruit as much as lawyer deserves. 7. Generalia Specialibus Non Derogant the provisions of a general statute must yield to those of a special one. 8. Leges posteriores priores contrarias abrogant Later laws abrogate prior contrary laws. 9. Interpretare et concordare leges legibus, est optimus interpretandi modus every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence. 10. Lex prospicit, non respicit law looks forward, not backward. 11. Lex de future, judex de praeterito the law provides for the future, the judge for the past. 12. Nullum tempus occurrit regi no time runs against the king. (immunity of state) 13. Expressio unuis est exclusio alterius when one or more things of a class are expressly mentioned, others of the same class are excluded. 14. Privilegia recipient largam interpretationem voluntati consonam concedentis priviledges are to be interpreted in accordance with the will of him who grants them. 15. Statuta pro public commodo late interpretantur statute enacted for the public are to be construed liberally. 16. Salus populi suprema lex the will of the people is the supreme law. 17. Interpretatio fienda est ut res magis valeat quam pereat a law should be interpreted with a view to upholding rather than destroying it. 18. Optima statuti interpretatrix est ipsum statutum the best interpreter of the statute is the statute itself. 19. Reddendo singular singulis referring each to each; referring each phrase or expression to its appropriate object, or let each be put to its proper place. 20. Ad proximum antecedens fiat relatio nisi impediatur sententia words refer to the nearest antecedent, unless it be prevented by the context. 21. Exceptio firmat regulam in casibus non exceptis an exception confirms the rule in cases not excepted. 22. Expressum facit cessari tacitum what is expressed puts an end to what is implied. 23. Noscitur a sociis that the meaning of a word may be known from accompanying words. 24. Dissimilum dissimilis est ratio of things dissimilar, the rule is dissimilar. 25. Ubi lex non distinguit , nec nos distinguere debemus when the law does not distinguish, we ought not to distinguish.
John Jay Whalen v. Larry Alvey, Detective/st. Matthews Police Department Officer Compton, (First Name Unknown), Jefferson County Jail Corrections Officer John Doe, an Agent of Corrections, Officer-In-Charge of the 7 A.M. To 3 P.M. Shift at Jefferson County Jail St. Matthews Police Department Jefferson County Jail, 47 F.3d 1172, 1st Cir. (1995)