§ 15.97. Enumerations.
(a) General. Enumerations are dangerous both alone and following or preceding a general term. In most cases it is impossible to make an enumeration complete. In such cases the courts apply the rule ‘‘expressio unius est exclusio alterius’’ and refuse to apply the statute to something that would have been included if someone had thought of it in time. The enumeration preceding or following a general term brings the ‘‘ejusdem generis’’ rule into play and restricts the application of the statute to things similar to those enumerated even though the general term is of wider application. General terms alone should therefore be used in all cases without specific enumeration.
(b) Form. In a series, list, or other enumeration, introductory language that applies to more than one item named must apply to all. In an enumeration of items that are to be taken together, connect the last two items by ‘‘and.’’ In an enumeration of items that are to be taken in the alternative, use ‘‘or.’’ Sometimes it is hard to tell which is appropriate. The problem is to determine what, specifically, you are enumerating. In an enumeration of items that are to be taken both together and in the alternative, say ‘‘A or B, or both,’’ if two items are involved (not ‘‘and/or’’); or ‘‘one or more of the following:’’ if more than two items are involved. Thus the problem of whether to use ‘‘and’’ or ‘‘or’’ can sometimes be by-passed by using the tabular form with appropriate introductory language.
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