Ejusdem Generis

Over the centuries, courts have developed canons of construction to interpret ambiguous or vague statutes. These rules simply codify ordinary, everyday methods human beings use to read and interpret text. A canon of construction is not a rigid rule or requirement but merely one tool a court uses to interpret a statute, along with plain meaning, structure, and sometimes legislative history. 

We will focus on one such canon: ejusdem generis. This method, Latin for, "of the same type," helps narrow a general term by the more specific terms near it. Taken alone, the general term might include the defendant's situation, but when we read the general term more narrowly, it does not. In other words, prosecutors point to the plain meaning of the general term as capacious, and defendants use ejusdem generis to narrow the scope of the statute. 

Just memorize the term ejusdem generis. It is pronounced ā-ˈyu̇s-dem-ˈge-ne-rēs.

As you read the cases below, try to understand the process the court uses to determine whether it should use the principle of ejusdem generis in the first place; that is, what about a statute makes that principle appropriate. Also try to follow the steps in applying the rule. We will then explore these two questions with exercises.