Define: Amendment By Implication

Amendment by implication is a method of interpreting a law that enables individuals to recognize that a contradictory provision in the law modifies or nullifies a preceding provision. This form of amendment is not favored and is only employed when it is essential.

Amendment by implication is a principle of interpretation that allows an individual to understand a conflicting provision in a law as implicitly modifying or nullifying a provision that precedes it. In other words, if there are two contradictory provisions in a statute, the later provision can be seen as altering or canceling out the earlier one. However, it is important to note that amendments by implication are not preferred and should only be employed when necessary. For instance, if a law states that all dogs must be leashed in public parks, but later specifies that certain breeds are exempt from this requirement, it can be inferred that the earlier provision no longer applies to those particular breeds. Amendment of indictment refers to the modification of the charging terms of an indictment, either explicitly or effectively, after the grand jury has made a decision on it. This means that changes can be made to the charges against a defendant before the trial commences, but not during the trial itself. Making changes during the trial would violate the defendant’s Fifth Amendment right to indictment by a grand jury. For example, if a grand jury indicts someone for theft, but later discovers that the stolen property was worth more than initially believed, the indictment can be amended to reflect the higher value of the property. Amendment of mark in registration pertains to alterations made to a trademark registration. This can involve rectifying errors, updating information, or changing the mark itself. For instance, if a company modifies its logo, it can amend its trademark registration to reflect the new design. Amendment of registration is similar to amendment of mark in registration, but it encompasses changes made to any type of registration, not solely trademarks. For instance, if an individual registers a copyright for a book but later realises an error in the title, they can amend the registration to correct the mistake. Amends refers to compensation provided for a loss or injury. For example, if someone sustains injuries in a car accident, the responsible party may offer to cover the injured person’s medical expenses as amends for their actions. Amenity refers to something, whether tangible or intangible, that enhances the enjoyment of real property. This can include factors such as a desirable location, a pleasant view, or access to recreational facilities. For instance, a house with a pool and a backyard would be considered to possess more amenities than a house lacking those features.

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This glossary post was last updated: 16th April 2024.