Legal Definitions - doctrine of the last antecedent

The doctrine of the last antecedent is a rule of grammar and legal interpretation that helps determine the meaning of a sentence, particularly when a modifying word or phrase appears at the end of a list or series. This doctrine presumes that a modifying word or phrase refers only to the immediately preceding word or phrase, and not to other more remote words or phrases, unless there is a comma separating the modifier from the preceding list. In essence, it suggests that modifiers should be applied to the closest possible antecedent.

Here are some examples to illustrate this doctrine:

• Example 1: Company Policy

  Imagine a company policy stating: "Employees must submit expense reports for travel, meals, and lodging that includes original receipts."

  Illustration: Applying the doctrine of the last antecedent, the phrase "that includes original receipts" would be understood to modify only "lodging," as it is the immediately preceding item. Without a comma before "that includes original receipts," the rule suggests that only lodging expenses require original receipts, while travel and meals might not. If the intent was for all three categories to require original receipts, the sentence would ideally be structured as: "Employees must submit expense reports for travel, meals, and lodging, that includes original receipts." or "Employees must submit expense reports for travel, meals, and lodging, all of which must include original receipts."

• Example 2: Local Ordinance

  Consider a local ordinance that reads: "All residents are prohibited from operating loud machinery, playing amplified music, and hosting large gatherings after 10 PM on weekdays."

  Illustration: Here, the phrase "after 10 PM on weekdays" would, under the doctrine of the last antecedent, primarily modify "hosting large gatherings." This interpretation suggests that while large gatherings are restricted after 10 PM on weekdays, operating loud machinery or playing amplified music might be prohibited at all times, or at different times, rather than specifically limited to after 10 PM on weekdays. If the time restriction was meant to apply to all three activities, a comma before "after 10 PM on weekdays" or a rephrasing would be necessary.

• Example 3: Testamentary Document (Will)

  A will specifies: "I leave my collection of antique coins, rare stamps, and vintage watches to my nephew that are appraised at over $1,000."

  Illustration: According to the doctrine of the last antecedent, the phrase "that are appraised at over $1,000" would be interpreted to modify only "vintage watches." This means that only vintage watches valued above $1,000 would go to the nephew, while the entire collection of antique coins and rare stamps would be bequeathed to him regardless of their individual appraised value. If the testator intended for all items to be subject to the $1,000 appraisal threshold, the sentence would need to be rephrased or punctuated differently.