Contemporanea expositio est optima et fortissima in lege
| Literal meaning | Contemporary exposition is the best and strongest in law |
|---|---|
| Pronunciation | kon-tem-por-AH-nay-a ex-POZ-ish-ee-oh est OP-tih-ma et for-TIS-ih-ma in LAY-gay |
The meaning that people gave to an old law or document at the time it was made is the best guide to its meaning. A long-standing understanding is usually followed.
Example
An old statute has been understood and applied in a particular way for a hundred years. A court will hesitate to give it a new meaning.
Exceptions / limits
It helps only where the words are doubtful. It does not apply to modern conditions the old drafters did not foresee.
Exam tip
Short-note question on old statutes.
Memory trick
How it was read then is how it reads now.
Key takeaway
The meaning given to a law in its own time is a strong guide.
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