EJUSDEM GENERIS

Literal Translation

"Of the same kind."

Definition

The rule is used to interpret where a law lists specific classes, and then refers it to general application which pertains to the same kind of persons or things.

Illustration

If a law refers trucks, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes.

Case Law

1. Thakur Amar Singhji v. State of Rajasthan(1955)

2. Kavalappara Kottarathil Kochuni v. TheState Of Madras (1960)

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ABUNDANS CAUTELA NON NOCET

Literal Translation

“Abundant caution does no harm.”

Definition

This principle is generally applied for instruments in which superfluous words have been inserted to express the intention more clearly.

ACTUS NON FACIT REUM NISI MENS SIT REA

Literal Translation

The act itself does not constitute guilt unless done with a guilty mind.

Definition

It is a Latin maxim, which means that for any act to be illegal in nature it must be done with a guilty mind. Hence, act done without any intention cannot be punished. Not only is the act of the accused important but also the intention of the accused to do the specific act is equally important to prove the guilt of the accused. Hence, it can be said that mere breach of law is not sufficient to constitute a crime.

LOCUS DELICTI

Literal Translation

place of crime

Definition

The “place of crime” is the location where injury, harm, crime, or tort is committed. In civil matters, it is the place where an alleged act of crime was done.

EJUSDEM GENERIS

Literal Translation

Definition

Illustration

Case Law

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ABUNDANS CAUTELA NON NOCET

ACTUS NON FACIT REUM NISI MENS SIT REA

LOCUS DELICTI

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