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--------------- Print Magazine --------------
 
  Apr. 2012
 
  Mar. 2012
 
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Legal Bullshit
Plain English meaning providing humorous look at Legal language

B.M.W. Bavarian Motor Works, or any of a variety of over-priced status symbols produced by that company and leased to young attorneys who cannot afford them.

Double Billing. Two clients can occupy the same lawyer at the same time.

Fertile Octogenarian. This is a hypothetical fact pattern used by law professors to illustrate the absurdity of strict application of the rule against perpetuities. The example supposes that an elderly person, usually a woman, leaves her estate to "each of my children upon their 25 th birthday." The gift fails because strictly applying the rule, the woman could have a child at 89 years of age and die at 90, and more than twenty-one years would pass before the property vested in the youngest child. The willingness of fertility clinics to use technology to impregnate anything with a pulse has made the fertile octogenarian less hypothetical, but no less absurd. Also, strictly applied, every gift of real property now fails under the rule against perpetuities because sperm, eggs, and even fertilized eggs can be stored indefinitely and implanted long after the death of anyone who happened to be alive at the time of the gift.

Jury Instructions. A few minutes of oral directions from which a judge expects a jury to comprehend laws that he has studied and applied for his entire career.

McNaughton Rule. It is better to be insensible than insane.

Of Counsel. A marketing gimmick in which a law firm places the name of a prominent attorney on the firm's letterhead even though that attorney doesn't actually work there.

 
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