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Originally Posted by Akira
Weis,
Be sure you thoroughly checked the statutes for definitions...
For instance, in the stautes here, the word 'person' is defined in several places...
Title 1: GENERAL PROVISIONS
Chapter 3: RULES OF CONSTRUCTION
§72. Words and phrases
15. Person. "Person" may include a body corporate.
However, 'person' is defined differently under:
Title 29-a: MOTOR VEHICLES
Chapter 1: GENERAL PROVISIONS
§101 'definitions'
54. Person. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
So, look for specific definitions under the statute chapter your violation occurs under..
As you can see... the 2nd definition definies 'person' as a generic term for 'legal or comnmercial enitity"
I don't see man or woman there do you?
The canon of construction "expressio unius est exclusio alterius" or "inclusio unius est exclusio alterius" holds that "to express or include one thing implies the exclusion of another, or of the alternative." Black's Law Dictionary 602 (7th ed. 1999).
For HIS Glory,
Akira
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I believe the operative word in this quote is "other", by it's inclusion it mandates that all the other entities must be of the same class- Reference these
"EJUSDEM GENERIS" . All the same kind, class, or nature.
In the construction of laws, wills, and other instruments, the "ejusdem generis rule" is, that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Black, Interp. of Laws, 141; Goldsmith. v. U.S., C.C.A.N.Y.,N.Y., 42 F2nd.133,137
and this
NOSCITUR A SOCIIS. "It is known from its associates.1 Vent.225. The meaning of a word is or may be known from the accompanying words"
" the doctrine means that general and specific words are associated with and take color from each other, restricting general words to sense analogous to less general. Dunham v. State,140 Fla. 754, 192 So. 324,325,326.
BLACK'S LAW DICTIONARY-REVISED FOURTH EDITION