A Lingo for Talking About Cases

Discussing case law is an art form and shorthand phrases make your job easier, as long as you don’t slip into legalese. A case can be distinguishable, controlling, relevant, analogous, seminal or binding.

Discussing patterns in the case law is even more challenging. Try these frequently used phrases:

• In Smith v. Jones, this Court squarely addressed. . . .
• The First Circuit has long recognized. . . .
• No reported cases hold that. . . .
• Only one reported case holds that. . . .
• The most analogous cases hold that. . . .
• The Ninth Circuit has long expressed a strong preference for. . . .
• Although this Court has expressed a strong preference for . . . , it has frequently allowed . . . under similar circumstances.
• This Court has entertained. . . .
• This Court has considered. . . .
• This Court is poised. . . .
• The Supreme Court has not been sympathetic to. . . .
• This Court imposes. . . .
• This District follows a recent trend. . . .
• The court cautioned against. . . .
• No court has directly addressed. . . .
• As a general rule, the courts have. . . .
• That decision represents an extreme departure from. . . .

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