Also known as: plain meaning · ordinary meaning · plain meaning rule · ordinary meaning doctrine
Written by attorneys · grounded in primary & secondary sources — see below
The interpretive principle directing courts to assign words their common, everyday usage as understood by a reasonable person in the relevant context. Courts begin with this meaning when construing legal documents and depart from it only when text or qualifying extrinsic evidence reveals uncertainty.
Pearl Porter's will left her downtown training facility to the captain of her toughest team. Extrinsic evidence showed she had described two different teams in similar terms and owned two separate facilities. The court first applied the plain and ordinary meaning of the bequest language before admitting the extrinsic evidence to resolve the resulting uncertainty in beneficiary and property description.
Patrick Phan's trust instrument omitted a remainder interest he had repeatedly stated he intended to create. Clear and convincing evidence established both the mistake in expression and the intended terms. The court permitted reformation even though the document was facially unambiguous under its plain and ordinary meaning.
Select any source to read its text and confirm it supports the definition.
Parker Phillips signed an employment agreement containing an arbitration provision covering disputes arising out of his employment. He later sued over post-termination conduct. The court interpreted the phrase engaged in commerce according to its plain and ordinary meaning to determine whether the clause reached the claim.
Preston Pratt's restaurant entered a merchant agreement with an arbitration clause that limited class proceedings. When a dispute arose, he argued the clause prevented effective vindication of rights. The court applied the plain and ordinary meaning of the arbitration provision to decide whether enforcement was required.
Pulse Media challenged a state tort claim against a medical device manufacturer, arguing the claim was preempted. The governing statute used the phrase requirements different from or in addition to. The court gave those words their plain and ordinary meaning to determine the preemption boundary.
Pacific Bank held a mortgage on Priscilla Parks's property. A state statute extended redemption periods during an economic emergency. The court interpreted the constitutional phrase obligation of contracts according to its plain and ordinary meaning to assess whether the extension impaired the mortgage.
Extrinsic evidence fails when it consists solely of direct statements of the donor's intention that contradict the text. The plain and ordinary meaning controls unless the text or other qualifying extrinsic evidence first reveals an uncertainty in meaning.
Reformation remains available even when the document is unambiguous on its face. Clear and convincing evidence of a mistake of fact or law plus proof of the donor's actual intention can still justify rewriting the text to match that intention.
No. Courts apply the same starting point when interpreting contracts, statutes, and constitutional provisions. The principle supplies the initial meaning of words unless context or specialized usage shows a different intended sense.
…date before the phrase became a term of art, ignores the reason why the formulation became a term of art in the first place: The plain meaning of the words "engaged in commerce" is narrower than the more open-ended formulations "affecting commerce" and "involving commerce." See, e. g., Gulf Oil, supra , at 195 (phrase "engaged in…