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OCR A-Level Law Practice Exam
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Which principle suggests that the expression of one thing implies the exclusion of another?
In pari materia
Expressio unius eat exclusio alterius
A contrario
Partus sequitur ventrem
Reveal Answer
Correct Answer:
Expressio unius eat exclusio alterius
Explanation:
The principle that suggests the expression of one thing implies the exclusion of another is known as "Expressio unius est exclusio alterius." This legal maxim is rooted in the idea that when a law or provision explicitly mentions one category or item, it implies that all other categories or items that are not mentioned are intentionally excluded from that provision. This principle is often applied in statutory interpretation, where courts look at the specific wording of a statute to determine the intent of the legislature. For instance, if a law states that only certain activities are permitted or certain persons are eligible, then those not specified are understood to be excluded. This helps to clarify the scope and limits of legal provisions, ensuring that interpretations remain consistent with the intended meaning behind the language used. The other choices reflect different legal principles that do not convey this specific idea of exclusion through express mention. "In pari materia" refers to interpreting laws that relate to the same subject matter together, "A contrario" involves reasoning from the opposite, while "Partus sequitur ventrem" relates to the status of a child following its mother. These principles serve distinct functions and do not address the interpretative implications of expressly mentioned items leading to the exclusion of others.
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