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Legal Definitions - ejusdem generis
Definition of ejusdem generis
Ejusdem Generis is a Latin phrase that translates to "of the same kind." In legal interpretation, this principle helps courts and lawyers understand the meaning of laws, contracts, and other legal documents. It applies when a document lists several specific items followed by a more general phrase. According to ejusdem generis, the general phrase should be interpreted as referring only to things that are similar in nature or class to the specific items that were explicitly mentioned. This rule helps to clarify the intent behind the language, ensuring that the general phrase doesn't sweep in items that are fundamentally different from those specifically listed.
Here are some examples to illustrate how ejusdem generis is applied:
- Example 1: Public Park Regulations
Imagine a city ordinance that states, "No person shall bring into the public park any firearms, knives, clubs, or other dangerous weapons."
Explanation: Using ejusdem generis, a court would likely interpret "other dangerous weapons" to mean items similar in nature to firearms, knives, and clubs – objects primarily designed or commonly used for causing physical harm to people. This interpretation would probably exclude, for instance, a heavy camera tripod, even though it *could* be used as a weapon, because its primary purpose is not inherently dangerous in the same way as the listed items.
- Example 2: Apartment Lease Agreement
Consider an apartment lease agreement that includes a clause stating, "Tenant shall not keep any dogs, cats, birds, or other animals on the premises without prior written consent from the landlord."
Explanation: Here, ejusdem generis would suggest that "other animals" refers to common household pets, similar to dogs, cats, and birds. It would likely not extend to prohibit a tenant from keeping, for example, a small fish in a bowl or an ant farm, as these are not typically considered "animals" in the same class as the larger, more interactive, and potentially disruptive pets specifically listed.
- Example 3: Workplace Policy
Suppose a company's employee handbook states, "Employees are prohibited from bringing personal items such as televisions, microwaves, mini-fridges, or other large appliances into their workspaces."
Explanation: Applying ejusdem generis, "other large appliances" would be understood to refer to items of a similar size, power consumption, and potential for disruption as televisions, microwaves, and mini-fridges. This would likely not prohibit an employee from bringing a small personal fan or a coffee maker, as these are generally not considered "large appliances" in the same category as the items specifically listed.
Simple Definition
Ejusdem generis, a Latin phrase meaning "of the same kind," is a principle of legal interpretation. It states that when a general word or phrase follows a list of specific items, the general term should be understood to refer only to things of the same type or class as those specifically listed.