A Lingo for Talking About Cases

Posted: May 30th, 2012 | Author: | Filed under: Talking About the Cases | Tags: , , , , | 2 Comments »

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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2 Comments on “A Lingo for Talking About Cases”

  1. 1 Gregg Schaaf said at 12:34 pm on June 1st, 2012:

    Well done. Thank you.

  2. 2 mariebuckley said at 12:57 pm on June 1st, 2012:

    Glad you find it useful!


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