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Ejusdem Generis: A Comprehensive Guide to Its Legal Interpretation
Definition & Meaning
The term "ejusdem generis" is a Latin phrase meaning "of the same kind or nature." In legal contexts, it is used to interpret statutes that contain both specific and general terms. When a law lists particular categories of items or people and then makes a general reference, the general terms are understood to apply only to items or people that are similar to those specifically mentioned. For instance, if a law refers to automobiles, trucks, and motorcycles, the term "vehicles" would not include airplanes, as they are not part of the same category of land-based transportation.
Table of content
Legal Use & context
Ejusdem generis is often applied in various areas of law, including civil, criminal, and administrative law. It helps courts and legal professionals interpret legislation by ensuring that general terms do not extend beyond the specific categories listed. Users may encounter this principle when dealing with legal forms or documents that require precise language, especially in contracts or statutes. Utilizing resources like US Legal Forms can assist individuals in drafting or understanding documents that involve this legal concept.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For example, consider a law that states, "No vehicles such as cars, trucks, and motorcycles are allowed in the park." Here, the term "vehicles" would not apply to airplanes or boats, as they are not included in the specific examples provided.
(Hypothetical example) If a statute mentions "computers, tablets, and smartphones" and then refers to "electronic devices," it would not include traditional phones, as they are not of the same kind as the listed items.
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Ejusdem Generis
California
Commonly used in interpreting statutes related to property and contracts.
Texas
Frequently applied in criminal law to define terms in statutes.
New York
Used in administrative law to clarify regulations.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Ejusdem Generis
Interpretation principle focusing on similar categories.
Applies to lists of specific items followed by general terms.
Expressio Unius Est Exclusio Alterius
Meaning "the expression of one thing excludes another."
Focuses on what is explicitly included, rather than similarity.
Common misunderstandings
What to do if this term applies to you
If you encounter a situation where ejusdem generis may apply, consider reviewing the specific language of the law or contract in question. If you are drafting a legal document, using templates from US Legal Forms can help ensure clarity and compliance with legal standards. If your situation is complex, consulting a legal professional is advisable for tailored advice.
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