If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - legal inconsistency

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Definition of legal inconsistency

Legal inconsistency occurs when different parts of a legal document, a court's decision, or a set of laws contradict each other, making them illogical or impossible to apply together. It means that two or more legal statements, findings, or outcomes cannot both be true or valid at the same time without creating a conflict or ambiguity.

Here are some examples:

  • Example 1: Conflicting Regulations

    A city council passes a new ordinance stating that all businesses must close by 10 PM on weekdays. However, an existing, older city ordinance specifically allows restaurants with liquor licenses to remain open until 2 AM every night. These two ordinances create a legal inconsistency because they give conflicting instructions regarding the closing times for restaurants with liquor licenses. Businesses and law enforcement would be unsure which rule to follow.

  • Example 2: Contradictory Contract Clauses

    In a commercial lease agreement, one clause states that "the tenant is solely responsible for all maintenance and repairs to the leased premises, including structural components." Yet, another clause in the same agreement specifies that "the landlord shall be responsible for all major structural repairs to the building." This presents a legal inconsistency within the contract itself. If a major structural issue arises, it's unclear whether the tenant or the landlord is legally obligated to pay for the repair, leading to potential disputes.

  • Example 3: Inconsistent Court Findings

    In a civil lawsuit, a judge issues a ruling that includes two findings: first, that the defendant negligently caused an accident, and second, that the plaintiff suffered absolutely no injuries or damages as a result of that accident. This scenario demonstrates a legal inconsistency. While negligence can occur without harm, a plaintiff typically needs to prove damages to win a negligence lawsuit. Finding both negligence and a complete absence of damages creates a contradictory outcome that makes it difficult to determine the legal consequences or the appropriate remedy, if any.

Simple Definition

Legal inconsistency refers to a conflict or contradiction within a legal decision or set of findings. It arises when different parts of a judgment or verdict cannot logically stand together, indicating a lack of coherence under the law.

The law is a jealous mistress, and requires a long and constant courtship.

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