Section 1 of the Countryside Act states that 'the driving of cars, motorcycles, lorries, tractors and other vehicles over public rights of way is a criminal offence'.
You are the prosecuting barrister in a case where the defendant has 'driven' a horse and cart over a public right of way. Which of the following maxims would you seek to employ and what would your argument be?
A) I would use eiusdem generis to argue that the genus is clearly vehicles that have wheels and are capable of being driven by a person, and section 1 should therefore be interpreted so as to include horse and cart.
B) I would use eiusdem generis to argue that the genus is clearly vehicles that are motor-powered and that horse and cart cannot therefore be read into this section.
C) I would use noscitur a sociis to argue that the surrounding words are all motor-powered vehicles and that a horse and cart cannot therefore be read into this section.
D) I would use expressio unius est exclusio alterius to argue that, because horse and cart are not included in the list, the legislature has specifically excluded them.
Correct Answer:
Verified
Q16: Which of the following is the correct
Q17: Match each Latin maxim to its meaning.
-Expressio
Q18: Match each Latin maxim to its meaning.
-Eiusdem
Q19: Match each Latin maxim to its meaning.
-Noscitur
Q20: Match each Latin maxim to its meaning.
-In
Q22: Section 1 of the Curfew and Civil
Q23: When can a statute be read in
Q24: To what extent can the 'long title'
Q25: Which of the following can be used
Q26: Hansard can only be made reference to
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