Legal Definitions - comment

A "comment" in a legal context refers to an observation or statement made during a legal proceeding, or an explanatory note accompanying a legal text.

• During a Trial: In the courtroom, a comment can be a statement made by a judge or an attorney to the jury about the evidence presented. These statements often offer an interpretation, highlight a particular aspect of the evidence, or draw a conclusion based on it. However, such comments are not considered evidence themselves. Their purpose is to guide the jury's understanding, but the jury is ultimately responsible for deciding the facts. The opposing side may object if they believe a comment is inappropriate or prejudicial, and the judge will often remind the jury that these statements are the speaker's interpretation, not factual evidence.
  • Example: During the prosecution's closing argument in a fraud trial, the prosecutor might state, "The defendant's sudden acquisition of luxury items immediately after the company's financial collapse, as shown by the bank statements and purchase receipts, strongly suggests a motive for embezzlement."

    Explanation: This is a comment because the prosecutor is interpreting the presented evidence (bank statements, receipts) to suggest a motive and draw a conclusion (embezzlement). The prosecutor is not introducing new evidence but is offering an argument based on existing evidence. The defense attorney could object, and the judge would likely remind the jury that it is the prosecutor's argument, not a proven fact.

• Accompanying Legal Texts: A comment can also be a written explanation or analysis provided by the drafters of a statute, regulation, or legal rule. These comments are not part of the law itself but serve as valuable tools for understanding the drafters' intent, the purpose of the law, or how specific provisions are meant to be applied. They often clarify ambiguities or provide background context for the legal text.
  • Example 1: When a new state law is enacted regarding data privacy, a specific section might have an appended "Drafter's Comment" explaining that the requirement for "reasonable security measures" is intended to be a flexible standard, evolving with technology, rather than a fixed checklist, and cites industry best practices as a guide.

    Explanation: This is a comment because it's an explanatory statement from the individuals who drafted the statute. It clarifies the *intent* behind the phrase "reasonable security measures," helping businesses and legal professionals understand how to comply with the law, even though the comment itself is not the binding legal text.

  • Example 2: A newly adopted set of federal court rules includes a "Committee Comment" for a rule on electronic filing, stating, "This rule aims to promote efficiency and reduce paper waste by making electronic submission the default, while retaining an exception for pro se litigants who lack access to necessary technology."

    Explanation: This is a comment from the committee that formulated the court rules. It provides insight into the *purpose* and *policy considerations* behind the electronic filing rule, helping judges and attorneys apply it consistently and understand its scope, particularly regarding the exception for certain individuals.