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Simple English definitions for legal terms
rule of the last antecedent
Read a random definition: rege inconsulto
A quick definition of rule of the last antecedent:
The rule of the last antecedent is a way for courts to interpret sentences. It means that words or phrases that describe something only apply to the thing right before them, unless the context or the whole sentence says otherwise. For example, if we say "I gave apples to John, Jane, and the teacher in the park," the phrase "in the park" only applies to the teacher, not John or Jane. 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 we have the phrase "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 important because it helps to clarify the meaning of a sentence or phrase. By following this rule, we can determine which words or phrases are being modified and avoid confusion or ambiguity.
Another example of the rule of the last antecedent is the sentence "I saw a man with a telescope on the hill." In this case, the phrase "on the hill" modifies "telescope" and not "man" because "telescope" is the last antecedent before the qualifying phrase.