Legal Definitions - eiusdem generis

The Latin phrase eiusdem generis (pronounced "yoo-S-dem GEN-er-is") is a rule of legal interpretation used primarily when analyzing statutes, contracts, or other legal documents. It means "of the same kind."

When a legal text lists several specific items followed by a more general phrase, the eiusdem generis rule suggests that the general phrase should be interpreted as referring only to items that are of the same type, class, or nature as the specific items that came before it. This rule helps to clarify the intent behind broad language by narrowing its scope based on the context provided by the specific examples.

Here are some examples to illustrate this concept:

• Example 1: Park Regulations

  Imagine a local ordinance for a public park that states, "No person shall bring into the park any cars, trucks, motorcycles, or other motorized vehicles." If someone were to bring a bicycle or a skateboard into the park, the eiusdem generis rule would likely be applied. The specific items listed (cars, trucks, motorcycles) are all types of motorized vehicles. Therefore, the general phrase "other motorized vehicles" would be interpreted to include only other vehicles that are also powered by a motor, such as golf carts or ATVs, and would not extend to non-motorized items like bicycles or skateboards, even though they are technically "vehicles."

• Example 2: Rental Agreement Clauses

  Consider a lease agreement for an apartment that includes a clause stating, "Tenants are prohibited from keeping dogs, cats, birds, or other animals on the premises without prior written consent." If a tenant wanted to keep a small aquarium with goldfish, the landlord might argue that "other animals" includes fish. However, applying the eiusdem generis rule, the specific animals listed (dogs, cats, birds) are common household pets that typically live outside of an enclosure and can cause noise, damage, or allergic reactions. Therefore, "other animals" would likely be interpreted to mean other similar types of common household pets, not aquatic life contained within an aquarium, which poses a different set of considerations.

• Example 3: School Safety Policy

  A school's student handbook might contain a rule prohibiting students from bringing "knives, firearms, explosives, or other dangerous objects" onto school grounds. If a student were found with a pair of scissors or a compass, the school might argue these are "other dangerous objects." However, under the eiusdem generis rule, the specific items listed (knives, firearms, explosives) are inherently designed as weapons or have a primary purpose of causing significant harm or destruction. Therefore, "other dangerous objects" would be interpreted to refer to items of a similar nature and potential for severe harm, rather than common school supplies that could potentially be misused but are not inherently dangerous in the same way.