48

The law does have examples They are called “judgements” Every case decided by a court is an example, in common law jurisdictions at least. When those cases are decided by an superior court they become precedents - binding “examples” on courts in their hierarchy and persuasive “examples” on other courts. When you go to a lawyer for advice, she doesn’t just ...


44

Are there any underlying reasons behind the nonsensical structure of U.S.C. titles? Is it simply a case of "This is how it's been for awhile, don't fix what isn't broken." or is there more to it than that? First of all, the United States Code is generally not designed to be used by non-lawyers. Second, one of the main ways to research case law ...


24

Congress is reorganizing the U.S. Code. Positive Law Codification: Section 205(c) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93-554 (2 U.S.C. 285b), provides the mandate for positive law codification. Here is a brochure. You describe "Congress repealing everything and passing the exact same laws again" as "ridiculous", ...


17

The problem with examples is that they shift our attention from the words that comprise the law, to the actual examples used. For example, the term "press" as used in the First Amendment used to refer to a particular means of dissemination text and images, which literally pressed ink onto sheets of paper. Technology has expanded in such a way that there only ...


15

Laws can and do include examples Laws can and do include examples - for example, searching for the incantation "including but not limited to" in legislation draws up thousands of cases where laws have included examples of some things or activities. Some random cases: As used in this chapter, “aquaculture” means the culture and husbandry of aquatic ...


7

Without prejudice in a legal communication has a similar effect as off the record does in journalism. Without prejudice can be applied to any form of communication written or verbal; mediations, for example, are almost always conducted on a without prejudice basis. The legal effect is that anything said or written in the communication is inadmissible in a ...


7

It's a typographic divider line dating back to the days of typewriting; there's a passing reference to the practice on the Typography for Lawyers website. Standards for formatting documents -- especially those being uploaded as text into online repositories -- are generally set by the local jurisdiction; some courts may specify exactly how and where to use ...


6

This language is almost certainly included in an attempt to make the agreement comply with the Charter of the French Language. The Charter is the legal document that sets French as the official language of the Canadian province of Quebec. Chapter 7, paragraph 55 of the Charter states that adhesion contracts, such as software licenses, must be in French, but ...


5

It stands for section. As in "section 8 article b" or whatever.


5

ohwilleke's answer is an excellent overview. I will attempt to resolve these specific examples you gave. Why is a "machine gun" defined under Title 26 - Internal Revenue Code, when every single other type of firearm seems to be defined under Title 18 - Crimes and Criminal Procedure? It's not as if Title 26 is redefining a machine gun for the purpose of ...


4

One possible reading of this clause is: The tenant is required to pay for the preparation of a forfeiture notice, even if ("notwithstanding that") the forfeiture doesn't actually happen ("forfeiture is avoided")--but the tenant doesn't have to pay for the notice if the forfeiture doesn't happen for the following reason ("avoided otherwise than by"): because ...


4

The language "I therefore place you on notice that" in your proposed missive is superfluous and adds nothing that is legally relevant. Flourishes like that are common among former paralegals, court clerks, common law country notaries, and other non-lawyers who want to sound legalistic but don't really have the relevant legal knowledge. It is common to say "...


4

That is, you don't even have to give them a copy of the contract. In the same way you might reference some legal code without actually copying the legal code directly into the contract. If you do not communicate material terms of the contract to your contractor, the contract will be unenforceable due to lack of meeting of minds. Referencing "some legal ...


4

It is done to prevent or at least provide a defence against a latter argument based on Estoppel; which at the risk of trivialising something that is very complex means that if you indicate to someone that you will or won't do something and they act on that indication then they may have a claim if you don't do what you indicated. When lawyers say this they ...


4

Do I have any recourse for invalidating all or part of the contract? No. There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the parties agreed. Also, if you signed it, then you are legally stating: I read it, I understand it and I agree to it - don't sign things you don't understand. If ...


4

The key word is "uses". What does it mean to use a passport? It means providing it as evidence of identity. No one acting in a movie is attempting to convince anyone else - in real life - of their identity with a simulated passport. Nor is anyone impersonating a police officer or kidnapping anyone or falsely accusing anyone in the normal process of making a ...


3

The US Code can be reorganized. This page gives details of the structure of the US Code. As an example or renumbering, current 42 USC 5186 was first created as section 416 of Public Law 93-288, and 42 USC 5183 was enacted as section 413. Public Law 100-707 enacted various renumberings, so section 416 of the act was redesignated section 419, and section 413 ...


3

You don't really "solve" a problem with IRAC. It is a rubric for summarizing cases and writing about how a legal issue was or should be resolved. As noted by @Putvi it stands for issue, rule, analysis and conclusion. It is common when writing a court opinion, or summarizing a case. For example, you first state the issue: Does the statute of frauds bar ...


3

No. In formal writing, you refer to people by name. After you use their full name you can just use their last name in future references, but you don't refer to them by their initials. Even in informal writing, you normally don't use initials unless the person is commonly known by their initials (e.g. JFK) or unless you're using shorthand.


3

Why do you want to know? I think that the reason this question seems so obscure is because it does not involve sufficient context and specificity. It can't be answered until one knows the reason that it matters to know if a rule is new or not. In a particular context, these questions usually have obvious and clear answers. The murkiness arises only when one ...


3

We are sorry, but there was a typo in the contract, one zero is missing. The project fee should be $100,000 instead of $10,000. What do you think? Typo This is not a typo. It is, clearly and unambiguously, stated in the contract. What may be counted as typos in a legal document? E.g. Vehicels that are wider than 5 foot is prohibited on this road. Although ...


3

Whether or not a lawsuit against the attorney is at all practical is a matter that only your other attorney can advise you on (after carefully studying the facts). The primary question is whether the attorney was negligent (there is also the question of whether there was significant damage resulting from the error). It is possible that the contract can be ...


2

You see this most often when a legal document is available in multiple languages. Translation isn't perfect, so by stating that one language is the "official" version, it eliminates the possibility of having multiple, contradictory versions of the document, with all the potential problems that entails.


2

Japanese Government (METI) has released model (sample) Master Service Agreements for IT industries. Yes, these are written in Japanese. For details, click the link below or google "情報システム・モデル取引・契約書". http://www.meti.go.jp/policy/it_policy/softseibi/index.html#05 There are a several version of model MSAs (e.g. for SaaS, system integration, entrusted ...


2

The second interpretation is the one that makes sense, in light of the most likely goal of this clause. If you recommend to a potential client A that they do business with company B, you are referring A to B (you are recommending B to A). The company's interest is in getting new clients, and in preventing giving rewards to spurious referrals, that is ones ...


2

Your question is incredibly unclear and it is hard to say what you are really getting at. The big divisions in the U.S. in terms of types law are based largely upon the remedies available in each type of litigation (and it is more useful to think of litigation as a means of legal rights enforcement or requests for justice to be done, rather than in the ...


2

Does "shall" create a legal obligation? Typically, yes. This query retrieves case law in the sense that "shall" is mandatory. In the clause you mention, "shall" precludes the client's possible choice of delaying payment for more than X days. There is some case law making "will" synonymous to "shall". For instance, see Briggs v. State, 226 So.3d 59, 66 (...


2

"Legal document" isn't a special and well-defined category. The above simply provides information and there is nothing that the courts can enforce. Supposing that the intent was to create an actual contract where A promises to do B and C promised to do D in exchange, they you (maybe) have a contract. The ritual language of contracts is not strictly ...


2

It's pronounced "section" and usually referred to as "the section sign." I've also seen it called a "silcrow," which is a neologism derived from its similarities to the pilcrow, and which I prefer myself.


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