Interpretation of Statutes Primary Rules

Primary Rules

1.  Literal Construction
2.  Mischief Rule
3.  Rule of Reasonable Construction
4.  Rule of Harmonious Construction
5.  Rule of Ejusdem Generis

• Literal construction is a rule of interpretation that requires the words of a legal document to be given their ordinary and natural meaning. This means that the words in a document should be understood in their plain and ordinary sense, without resorting to any technical or legal meaning that might be attached to them. The purpose of the literal construction rule is to ensure that the intention of the parties to a legal document is accurately reflected in the language that they have used. This rule is often applied in cases where the language of a document is clear and unambiguous, and there is no need to look beyond the words themselves to determine their meaning. However, there are situations where literal construction may not be appropriate, such as when the words are capable of more than one meaning, or where applying the literal meaning would lead to an absurd or unjust result. In these cases, other rules of interpretation may need to be used to arrive at a more sensible or reasonable interpretation.

•  Mischief Rule   is a way of interpreting laws that tries to determine what problem or "mischief" the law was trying to fix or prevent, and then apply the law in a way that solves that problem. This rule is used when the language of the law is unclear or ambiguous, and it can help judges to figure out what the law is supposed to accomplish. For example, if a law was passed to prevent people from using dangerous fireworks, the mischief rule would be used to interpret the law in a way that stops people from using any type of fireworks that could be harmful, not just the specific type of firework that was dangerous at the time the law was passed. The mischief rule is one of several ways that judges can interpret laws to make sure they are applied fairly and effectively.

• Reasonable construction is a rule of interpreting laws or legal documents that looks at the overall purpose of the law or document and tries to interpret it in a way that makes sense and is fair. This rule is often used when the language of the law is unclear or ambiguous, and there are different ways that the law could be interpreted. Judges will consider the context of the law and the purpose it was intended to serve to determine the most reasonable interpretation. For example, if a law is meant to protect workers from being exploited, a judge might interpret it in a way that offers the broadest possible protection to workers, even if that interpretation goes beyond the specific language of the law. Overall, the goal of reasonable construction is to interpret laws in a way that promotes fairness, justice, and the common good

• The rule of harmonious construction is a principle of interpreting laws or legal documents that seeks to reconcile different parts of the law or document to create a coherent and unified interpretation. This rule is often used when different parts of the law seem to conflict with each other, or when there are different provisions in a legal document that seem to be in tension. Judges will try to read the different parts of the law or document together, in a way that makes sense and gives effect to all the provisions. The goal is to create a harmonious interpretation that reconciles any conflicts or tensions and promotes the overall purpose of the law or document. Overall, the rule of harmonious construction helps to ensure that laws and legal documents are interpreted in a way that is consistent and coherent.

• The rule of ejusdem generis is a principle of interpreting laws or legal documents that aims to clarify the meaning of general words by considering them in relation to specific words that precede them. This rule is often used when a list of specific items is followed by a more general word, such as "and other things" or "and so on." In this situation, the rule of ejusdem generis suggests that the general words should be interpreted in the context of the specific words that precede them. This means that the general words should be read as being of the same kind, nature or class as the specific words.For example, if a law says that it is illegal to bring "knives, swords, and other dangerous weapons" into a courthouse, the rule of ejusdem generis suggests that "other dangerous weapons" should be interpreted to mean items that are similar in nature or class to knives and swords, such as daggers or switchblades. This helps to avoid a broad interpretation of the general term that could lead to confusion or unintended consequences.Overall, the rule of ejusdem generis helps to ensure that laws and legal documents are interpreted in a way that is consistent with their purpose and avoids confusion or ambiguity.