Tuesday, March 31, 2015

Expressio Unius Est Exclusio Alterius

This is a good example of my favorite rule of statutory construction, expressio unis est exclusio alterius. Roughly translated, it means that the expression of one thing, or class of things, in a statute excludes the things not listed.

The sign here says no bicycles, rollerblades, skates, skateboards or scooters, but it fails to forbid unicycles. Unicycles must therefore be allowed inasmuch as the statute's drafters could have easily included unicycles if they had chosen to forbid them as well.

Well played, unicycle dude, well played.