Legal Definitions - contra

Contra is a Latin term meaning "against" or "contrary to." In legal writing, particularly when used as a citation signal, "contra" indicates that the source being cited expresses a view or conclusion that is directly opposite to the point the author has just made. It alerts the reader that while the author is presenting one argument or interpretation, the referenced legal authority supports a conflicting or opposing perspective.

Here are some examples of how "contra" might be used:

• Legal Brief to a Court: Imagine a lawyer arguing in a legal brief that a particular contract clause should be interpreted in favor of their client, based on the plain meaning of the words. After presenting their argument, the lawyer might include a citation that begins with "contra" followed by a reference to a previous court decision. This signals to the judge that while the lawyer believes their interpretation is correct, the cited case actually ruled that a similar contract clause should be interpreted in the *opposite* way, perhaps due to specific industry custom or prior dealings between the parties. The lawyer is acknowledging a conflicting legal precedent that the court might consider.

• Academic Legal Article: A legal scholar is writing an article advocating for a significant reform in environmental law, arguing that current regulations are insufficient to protect endangered species. When discussing the existing legal framework, the scholar might cite a landmark Supreme Court case using "contra." This indicates that the Supreme Court's established ruling, which upheld the current regulatory approach, directly contradicts the more protective stance the scholar is proposing. It highlights the authoritative legal obstacle or the prevailing opposing viewpoint that the proposed reform would need to overcome.

• Court Opinion: A judge is writing a majority opinion for an appellate court, establishing a new legal test for determining whether a public official has violated a citizen's free speech rights. In the opinion, the judge might reference a dissenting opinion from a prior, related case, or a ruling from a different state's supreme court, using "contra." This would signal that while the current court is adopting a specific legal test, the cited source (the dissent or the other jurisdiction's ruling) articulated a *contrary* legal test or reasoning on the same issue. It acknowledges alternative, opposing legal viewpoints that were considered or exist elsewhere.