4 ms·
Both summary and legalese become the contract. Courts look within the four corners of the document for the terms, wherever they may be. Other terms are implied
by micks56 18y ago
Both summary and legalese become the contract. Courts look within the four corners of the document for the terms, wherever they may be. Other terms are implied by statute and case law. Still more terms are implied by 1) custom and usage in the industry, and 2) course of past dealing between the parties.
And the mathematical version of the law brings up many issues. The law is actually pretty mathematical. Non-lawyers may not know this, but legal standards follow strict standards whenever possible.
Here is an example: Plaintiff brings discrimination suit based on US Constitutional equal protection claims. Is the Defendant the Federal Government? If yes, you sue under the 5th Amendment. Is the Defendant a State? If yes, you sue under the 14th Amendment. Is the Defendant neither, and this case doesn't fit into a limited exception that I haven't listed here for clarity? If yes to both, then you can't sue based on the US Constitution. It is that simple.
Continuing the example (assuming you are suing the Feds or a State. Also, I am leaving out corner cases): Is the suit based on Race, Alienage, or National Orgin? If so, strict scrutiny applies. Is the suit based on gender? If so, then intermediate scrutiny applies. All other claims are analyzed based on rational basis. Now there are some terms of art that need to be defined there. But they are pretty easy to understand.
Perhaps the main reason the mathematical legal system won't happen is that courts only decide the issue at hand. The math system will require a programmer to enter an outcome based on the applicable laws and facts ahead of time. But every case is an example where the court hasn't yet ruled on these unique facts applied to the laws. That is why the case is heard and not dismissed, tossed via summary judgment or a directed verdict. If the exact same facts and exact same law is applied, the verdict is mechanical. Trial lawyers make their money when that isn't the case.