4 ms·

Your argument makes it sound like the statement says "adverse and disproportionate". I'm seeing that it says OR, meaning you don't have to do anything adverse.

Your argument makes it sound like the statement says "adverse and disproportionate". I'm seeing that it says OR, meaning you don't have to do anything adverse. I don't like when laws are worded such that we told we shouldn't care what the words say, we all know what we meant, this is a law for getting the bad guys, so don't worry about the actual words we use. You shouldn't need a law degree to know what OR means.

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throwup238 2y ago
Don’t make the mistake of confusing colloquial language with legal text. They do need a law degree, or at least knowledge of the precedent that precisely defined the term. Precisely defining them is half the battle. “Adverse or disproportionate impact” is a well litigated phrase. It has a specific meaning in law, which is not immediately obvious from a layman’s definition.
kenjackson 2y ago
Legal writing brings in a lot of context. In this case the disproportionate is meant to denote situations where the action itself isn't adverse, e.g., giving someone money, but that its not applied evenly. Whereas adverse is an intended negative consequence. Its trying to say both are problematic. Although, I understand your interpretation -- its just not what's meant in this case. Unfortunately even arguably our most important legal document, the Constitution, isn't nearly as clear as it could be.
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foxyv 2y ago
Typically wording will either be defined in the law, or decided by case law. Legislatures will usually include very long sections on definitions to try and reduce the amount of judicial leeway. For instance, in Texas motor vehicle code regarding driving under the influence, there is a definition for "Motor Vehicle." While colloquially a person would assume that such a vehicle should have a motor, the definition actually states: > "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks. When it comes to laws, you have to read the entire law (including definitions) and not just rely on your own understanding of the terms within. Then it gets even more complicated when it comes to so called "Case Law." This is why companies have entire sections of lawyers to inform their managers on compliance.
- wtallis 2y ago
  That's a great example. I've seen in other states that the definition of "motor vehicle" encompasses bicycles. It probably is the simplest way to ensure that all traffic laws automatically apply to bicycles, and then some special cases for bicycles can be defined separately.

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throwup238 2y ago

Don’t make the mistake of confusing colloquial language with legal text. They do need a law degree, or at least knowledge of the precedent that precisely defined the term. Precisely defining them is half the battle. “Adverse or disproportionate impact” is a well litigated phrase. It has a specific meaning in law, which is not immediately obvious from a layman’s definition.

kenjackson 2y ago

Legal writing brings in a lot of context. In this case the disproportionate is meant to denote situations where the action itself isn't adverse, e.g., giving someone money, but that its not applied evenly. Whereas adverse is an intended negative consequence. Its trying to say both are problematic. Although, I understand your interpretation -- its just not what's meant in this case. Unfortunately even arguably our most important legal document, the Constitution, isn't nearly as clear as it could be.

deleted 2y ago

[deleted]

foxyv 2y ago

Typically wording will either be defined in the law, or decided by case law. Legislatures will usually include very long sections on definitions to try and reduce the amount of judicial leeway. For instance, in Texas motor vehicle code regarding driving under the influence, there is a definition for "Motor Vehicle." While colloquially a person would assume that such a vehicle should have a motor, the definition actually states: > "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks. When it comes to laws, you have to read the entire law (including definitions) and not just rely on your own understanding of the terms within. Then it gets even more complicated when it comes to so called "Case Law." This is why companies have entire sections of lawyers to inform their managers on compliance.

wtallis 2y ago
That's a great example. I've seen in other states that the definition of "motor vehicle" encompasses bicycles. It probably is the simplest way to ensure that all traffic laws automatically apply to bicycles, and then some special cases for bicycles can be defined separately.