Rusty Law

Faith And Trust

“Faith” and “trust” in the ancient Greek were the same word:  pistis.  Somewhere since that time, the meaning bifurcated into distinct nuances.  Perhaps the world became more complicated, or maybe just the liberals were in charge.  

A “faith account” and a “good trust estimate” demonstrate how the words are not interchangeable.  They could mark the difference between real estate and fictional property.  

Furthermore, Saint Augustine of Hippo, whose name graces our oldest city, helped promote the idea that faith is the basis of knowledge.  Thus “faith” has a connotation as a starting point.  A good faith estimate is subject to change.  “Trust” is a fiduciary relationship, and implies a more stable resonance.  

Freedom of Language

With free speech you can say anything a lot of different ways.  You can launder language to slant public opinion in your favor.  

Some recent examples from current events include the transformation of “toxic asset” into “legacy asset,” “mandate” to “shared responsibility,” and “waterboarding” sounds like the latest Olympic event.  

Furthermore, to have these terms presented live has more impact than if you read them.  One, you don’t necessarily have the rewind capabilities, not the way you do when reading.  And two, with a live presentation, more of your brain is occupied taking in and processing visual and audio input; reading the same material, your brain has more room to analyze and to question while simultaneously in-taking.  

When a border is unclear, people tend to stand away from it.  Without clear definition, you avoid approaching an issue for fear of inadvertently crossing it.  But once the line is drawn, people walk right up to it and kick it.  Once you have a definition, you may have to keep changing the wording to prevent gaming of the system.  

Pro Se

The run-on sentence seems like the hallmark of legal prose.  Think of the Preamble to the Constitution, not truly a run-on, but a four engine freight train of phrase after phrase after phrase, and with power and momentum as well.  

Attorneys have style, not just the robes and pinstripes, but the header at the top of legal documents is called the “style.”  The style contains the characters of the case (the plaintiff and defendant), the setting of the case (the county, division, and case number), and the plot of the document (what the document is trying to do).  The style is like a playbill, outlining the characters, scene setting, and what the document is trying to achieve.  

Throughout the legal document there are bolded areas, which highlight the important plot points. 

“Pro se” is not a misspelling of prose.  It is a Latin term meaning “for oneself,” and in a legal context, it means representing oneself.  While Pro se representation is on the rise in the United States, it may not be for you if you have trouble navigating legal jargon and long sentences.  Attorneys go to school for three years to learn what they’re talking about, and to become aware of strategies available.  

Quash Anyone?

“Quash” is a tasty little word.  It means both quell and squash at the same time.  Very handy.  It puts a violent spin on numb passivity.  It means to forcibly suppress.  Not just “no,” but VEHEMENTLY NO!  

The rest of legal jargon proceeds like a tennis match.  You have service and motions by the attorneys, and orders from the judge.  You can get into deuce situations, but just as in tennis, you can’t have a tie.  In the end, there will be a winner and a loser, even if you have to go into split sets.