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Simple English definitions for legal terms
last antecedent, rule of the
Read a random definition: quiete clamare
A quick definition of last antecedent, rule of the:
The rule of the last antecedent is a principle used by courts to interpret sentences. It means that words or phrases that describe or limit something only apply to the words or phrases that come immediately before them, unless the context or meaning of the whole sentence requires them to apply to something else. For example, if we say "I gave apples to John, Mary, and Jane in the park," the phrase "in the park" only applies to Jane, because it comes right after her name. This rule helps us understand what a sentence means more clearly.
A more thorough explanation:
The rule of the last antecedent is an interpretative principle used by courts to determine which words or phrases a qualifying phrase modifies. It 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.
The rule of the last antecedent is also known as the doctrine of the last antecedent or the doctrine of the last preceding antecedent.
Here is another example:
"John gave his car keys to his brother, Tom, and his friend, Mike, who were waiting outside." In this sentence, the rule of the last antecedent would mean that "who were waiting outside" modifies "Mike" and not "Tom."
Overall, the rule of the last antecedent helps to clarify the meaning of a sentence by indicating which words or phrases are being modified by a qualifying phrase.