Why are legal journal articles so long-winded? Having read and skimmed several articles in legal journals, but not being a lawyer myself, my impression is that many law review articles are long-winded, using many words and sentences when fewer could convey the same information. Do lawyers and legal scholars feel this way as well? If so, what reasons do they give to explain this situation?
Law doesn't have a monopoly on bad writing. Steven Pinker, in "Sense of Style" and other articles, says that the kind of poor writing you mention is a symptom of the "curse of knowledge". Justice Kagan believes that good legal writing needs to at least be good writing, and law schools aren't doing enough to teach that. All the other Justices expressed similar opinions to that in interviews with Bryan Garner.
You'd have to specify the cases you want. All court transcripts are a matter of public record, though a copy may cost you a fee from the court clerk's office to recieve. It should be pointed out that not all cases got to an evidentiary stage to actually evaluate on the record any evidence. A vast majority were decided on pre-evidentiary rules such as standing or laches (timeliness) and not all cases that were able induced evidence debunked the evidence. Any appellent case would also not induce evidence as all appeals cases are strictly matter of law rather than matter of fact (evidence), so those cases would be asking a higher court to double check non-evidentiary decisions. The fact that the party that brought the suit does not have standing to bring the suit OR that the party that brought the suit brought it too late for the courts to proceed on the matter does not debunk evidence that the fraud happened in the eyes of the law... it simply means the questions of fact were never addressed at all
Termination is a matter of fact That is, it has either happened, or it hasn’t. Whether it has or hasn’t depends on a multitude of factors including the terms of the contract, the actions of the parties, and communication between them. These factors are so case specific that it is impossible to generalise. Further, within a given case, reasonable parties may differ on if a contract has been terminated, which party initiated the termination, and if that termination was lawful. Usually, these cases involve mutual allegations of repudiation by the other party and rightful termination in response by our side. These issues are likely to be the major ones that the court or tribunal will have to determine. A claim for damages would need to be pursued as part of the overall case but the deadline for raising them is a procedural matter for the court or tribunal. Failing to raise them as an issue in pre-litigation correspondence would not be a bar to raising them in a claim or counter-claim. However, failing to raise them at the earliest opportunity denies the offending party the opportunity to mitigate the damage and, if they can show that there were actions they could have reasonably taken to mitigate but couldn’t because they weren’t informed, then that may reduce or eliminate the damages payable.
We hire very good paralegals, explain to them what we are trying to achieve, and let them use common sense and the good organizational skills that got them hired to figure it out. (Really, I once had a part-time assistant in my law office who had a full time job doing essentially what you describe over and over again. This is a classic transactional paralegal task.)
Here is an example: The Author agrees to hold harmless and indemnify the Journal and The University against any legal claim or action or expense of any nature arising from any claim of infringement of copyrights or proprietary rights resulting from publication of the manuscript or claims of libel, obscenity, unlawfulness or invasion of privacy arising out of anything contained in the manuscript as furnished by the Author. Suppose Author infringes the copyright of Jones, by copying large parts of it into Author's work. Author is now in legal trouble because he illegally copied stuff into his manuscript, but Journal is also in big (bigger) legal trouble, because it made many copies of Jones' word and sold them. Jones will now sue everybody, mostly the Journal (since Journal has money, and Author doesn't). Thanks to the indemnity clause, when Journal gets sued, all of the costs (of litigation and judgment) have to be born by Author. The primary purpose is to protect Journal from suits by third parties. Nothing can keep you from getting sued, but such a clause (theoretically) means that the person whom your contracting with has to cover the cost of his wrong-doing (assuming that he is not a turnip). The term "hold harmless" is there to guarantee that Author can't decide to sue Journal for publishing a libelous or infringing article. The functions are similar, but not totally the same: this and references therein could be interesting reading, by way of more details. He argues against using both terms, and instead you should use only "indemnify". In this case, the court said "When two words are used in a contract, the rule of construction is that the words have different meanings", which caused the court to assign distinct meanings to the words (which are typically used as though they mean the same thing), which doesn't seem to have been the original intent.
It wouldn't be at all uncommon to cite to a new public law with a section number in the public law but not a pinpoint citation. For example: Pub. L. No. 116-315, § 2002, 134 Stat. 4932 (January 5, 2021). The citation form in the question is also acceptable: Veterans Health Care and Benefits Improvement Act of 2020, Pub. L. No. 116-315, § 2002, 134 Stat. 4932, __ (Jan. 5, 2021). This is a similar to the form commonly used in citations to newly decided court cases that haven't yet been typeset for a hard cover volume of case reports. It would be commonplace to omit a pinpoint citation from the published Statutes at Large, if the section number if provided, even in a law review journal or academic publication, in the case of a newly enacted statute. For what it is worth, the relevant Bluebook (i.e. the leading guide to citation) addresses citations to statutes at large in Rule 12.4 but doesn't specifically address what to do when pinpoint citations are unavailable, although Bluebook Rule 10.8.1 provides some options for pending and unreported court opinions. Almost all law libraries and most larger public libraries and university libraries also get hard copies of Statutes at Large on a subscription basis, although there is a considerable lag between passage and distribution of the dead tree version.
Courts only decide disputes If the written contract says X but the parties agree they meant Y, then the court adopts Y. However, if the written contract says X but one party asserts Y and the other Z, the court takes the written contract as definitive. The parol evidence rule would prevent any evidence being introduced if X is unambiguous. Plaintiff presents contemporaneous evidence that the parties did not intend the Written Agreement to be integrated, even though the template they used contains the integration clause. The plaintiff can’t introduce that evidence in the first place unless there is some ambiguity to be resolved. If it’s plain on the face that integration (whatever that is) was intended then we’re done here counsel, move along. But what if at the same time that they signed the Written Agreement in question the parties signed another agreement covering some of the same subjects? If the documents don’t create a practical conflict then we’re in the same place as before. If they do then the court will try to resolve that within the written documents - a later document will usually prevail over an earlier one and a more detailed document over a more general one. Extrinsic evidence is almost always excluded. Or what if there is incontrovertible evidence that both parties subsequently and intentionally acted contrary to some term of the Written Agreement? That would suggest that the Written Agreement did not represent the Actual Agreement. No, that would constitute a waiver by one or both parties - you can choose not to enforce (waive) your rights under a contract. This can be one off or, if repeated often enough, a waiver for all future breaches. Alternatively, the parties are free to change the terms of their contract; maybe that’s what happened.
is contract text itself subject to copyright? What are my options? It largely depends on the originality of your contract. C &amp; J Management Corp. v. Anderson, 707 F.Supp.2d 858, 862 (2009) points to multiple references against preclusion of "a copyrightable interest in a contract". But you would need to prove that your competitor copied "original elements" of your contract including "a minimum degree of creativity and originality required to support a valid copyright". See Donald v. Uarco Business Forms, 478 F.2d 764, 766 (1973). Your post provides no information that would help identifying or ruling out this issue in your matter. Without realizing, you might have paid dearly for boilerplate language that your lawyer copied from somewhere else. Indeed, there is so much regurgitation and copy/pasting in the legal "profession" (judges included, as is notorious in judicial opinions they release and in the similarities --verbatim-- among the procedure law of many, many U.S. jurisdictions). That regurgitation is not bad in and of itself, though, since what matters is the expeditious administration of justice and the protection of your rights, rather than obtaining creative expressions authored by some lawyer. You might end up wasting valuable energy and money if you went after the competitor for something like this without first assessing the extent of originality in your contract. Focus instead on the much more detrimental fact that your competitor "plays dirty in general".