Common Latin Terms in Statutory Construction

While there are not many Latin phrases used in the practice of law, there are several common Latin terms to express key canons of statutory construction in California. Common Latin phrases used in statutory interpretation help courts decipher legislative intent and the structure of laws in this state. The following are some of the key canons:

Ejusdem generis (“of the same kind”): When general words follow a list of specific words, the general words are limited to things of the same class or nature as the specific items.

Noscitur a sociis (“it is known by its associates”): Words in a statute are interpreted in the context of the surrounding words and entire text to figure out what the legislature meant.

Expressio unius est exclusio alterius (“the express mention of one thing excludes all others”): If a statute explicitly lists certain items, places, or persons, things not listed are assumed to be left out on purpose.

Generalia specialibus non derogant (“general things do not derogate from special things”): A specific statutory provision overrides a more general one covering the same topic.

Reddendo singula singulis (“referring each to each”): Distributive phrases within a statute are applied to their corresponding subjects in the same order.

Ut res magis valeat quam pereat (“it is better for a thing to have effect than to be made void”): Courts prefer an interpretation that makes a statute valid, operative, and sensible rather than null or meaningless.

Casus omissus (“a case omitted”): A situation not provided for in a statute is held to have been intentionally left out by the legislature.

Contemporanea expositio (“contemporary exposition/explanation”): Words in an old statute are understood with the meaning they carried at the time the law was enacted.

In pari materia (“in the same matter/subject”): Statutes that deal with the same subject or topic should be read and interpreted together.

Nemo punitur sine lege (“no one is punished without a law”): Penal and criminal statutes must be strictly construed, and no one can be penalized for conduct not clearly prohibited.