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Simple English definitions for legal terms
doctrine of the last antecedent
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A quick definition of doctrine of the last antecedent:
The doctrine of the last antecedent is a rule that helps courts interpret sentences. It means that words or phrases that describe something only apply to the thing that comes right before them, unless the context or the whole sentence says otherwise. For example, if we say "Texas courts, New Mexico courts, and New York courts in the federal system," the words "in the federal system" only apply to New York courts and not to Texas or New Mexico courts.
A more thorough explanation:
The doctrine of the last antecedent is an interpretative principle used by courts to determine which words or phrases in a sentence are being modified by qualifying words or phrases. This principle states that qualifying words or phrases modify the words or phrases immediately preceding them and not words or phrases more remote, unless the extension is necessary from the context or the spirit of the entire writing.
For example, if a sentence reads "Texas courts, New Mexico courts, and New York courts in the federal system," the words "in the federal system" might be held to modify only "New York courts" and not "Texas courts" or "New Mexico courts." This is because "New York courts" is the last antecedent before the qualifying phrase "in the federal system."
This principle is important in legal interpretation because it helps to clarify the meaning of a sentence and avoid ambiguity. By following the doctrine of the last antecedent, courts can ensure that the intended meaning of a sentence is clear and unambiguous.
doctrine of the conclusiveness of the judgment | doctrine of the last preceding antecedent