The Authorized Tech-To-English Dictionary: Authorized Analysis

Posted on


Ed. be aware: That is the most recent installment of The Authorized Tech-to-English Dictionary, a part of our Non-Occasion for Tech-Perplexed Attorneys. Jared Correia is the host of the Non-Eventcast.

There’s a time period for when attorneys use Latin and different arcane languages to explain authorized processes to customers: “legalese.”

However there’s no comparable time period for when distributors use technical and different arcane languages to explain their authorized software program operations to legal professionals.

True, this dynamic could seem unfair. However now we’ve The Authorized Tech-to-English Dictionary to assist us cope.

Learn on for the most recent installment, the place we translate authorized research-related matters to plain English.

And for extra commentary on authorized tech, try the Non-Occasion for Tech Perplexed Attorneys.

Boolean Search

  1. A question method combining key phrases or phrases by means of using operators ‘and,’ ‘or’ and ‘not’.
  2.  A search methodology invented by English mathematician George Boole, making fashionable info applied sciences doable.
  3. The search possibility you attempt earlier than inevitably giving up in favor of pure language search.

Lawyer 1: Hey, Invoice, can I exploit an ‘and’ and an ‘or’ collectively in Boolean search?

Lawyer 2: Oh, for fuck’s sake, Alan. Simply kind in actual phrases.

Lawyer 1: Each ‘and’ and ‘or’ are actual phrases.

Lawyer 2: Get the hell out of my workplace.

Shepardizing

  1. The rigorous coaching technique by which one formally turns into a shepherd.  No, wait . . . Actually? Not that? Nicely, I’ll be damned.
  2. A quotation system for figuring out the next remedy of a authorized resolution by later instances that reference it.
  3. The method for figuring out whether or not a topic case stays ‘good regulation.’

Lawyer 1: Hey, everyone. I’ll be on the regulation library if you happen to want me. I’ve my large CamelBak water bottle, so I needs to be good for a lot of the day.

Lawyer 2: Wait, John! Simply use our Westlaw account, and keep right here.

Lawyer 1: Oh, Terry. Easy, easy Terry. 

Cf. Frank Shepard, a authorized writer who invented Shepardizing within the late 19th Century by making use of sticky annotations to instances, with single-letter codes to indicate additional remedy of the case by later court docket choices.

Precedent

  1. A rule established in a previous authorized case that immediately controls (or is not less than persuasive in figuring out) the choice within the prompt case.
  2. A previous reported opinion of an appeals court docket that establishes a rule of regulation for future instances.

Cf. The Latin time period stare decisis (“to face by issues determined”) is the method by which a decrease court docket applies precedent to a case earlier than it.

Analysis Path

  1. Usually talking, an evidence of how a said place has been sourced.
  2. In authorized analysis, the analysis historical past for a specific search session.
  3. In authorized analysis software program, the clickable recordsdata that open analysis historical past for archived classes.

Lawyer 1: Wait, you’re doing it improper. You don’t relaxation the keyboard on the analysis ebook. You *open* the analysis ebook. Right here, like this.

Lawyer 2:  Um, thanks.

Lawyer 1: No downside

Lawyer 1: See you at lunch. We’re going to Chuck E. Cheese!

Lawyer 2: Nice.

Lawyer 2: (silently closes ebook)

Cf. It’s a hell of a hike.

Secondary Sources

  1. Numerous sorts of (normally print) supplies that summarize, evaluation and/or analyze the regulation.

Lawyer 1: However, what in regards to the tertiary sources, Melvin.

Lawyer 1: What in regards to the tertiary sources!

Cf. ‘Major’ sources are ‘the regulation,’ together with caselaw, statutes and laws.

Cf. On-line fan communities, like these for the ‘Star Wars’ universe.


Jared Correia, a guide and authorized know-how knowledgeable, is the host of the Non-Eventcast, the featured podcast of the Above the Legislation Non-Occasion for Tech-Perplexed Attorneys. 

Leave a Reply

Your email address will not be published.