Legal Definitions - Negative signal

A negative signal in legal writing is a specific type of indicator, typically a word or phrase preceding a citation, used to inform the reader that the source being cited presents a view, argument, or conclusion that differs from, contradicts, or offers an alternative perspective to the proposition just stated by the writer. Its primary purpose is to acknowledge the existence of contrary or distinguishing legal authority, thereby demonstrating thoroughness and intellectual honesty in legal analysis.

Here are some examples illustrating how negative signals are used:

• Example 1: Direct Contradiction (e.g., Contra)

  Imagine a lawyer arguing in a brief that, under state law, a landlord is always responsible for major structural repairs in a rental property, regardless of the lease agreement. They might then write: "Landlords bear the primary responsibility for structural maintenance. ContraSmith v. Jones, 123 P.3d 456 (State Ct. App. 2020) (holding that a lease clause explicitly shifting responsibility for roof repairs to the tenant was enforceable)."

  Explanation: The use of "Contra" signals that the cited case, Smith v. Jones, directly contradicts the lawyer's preceding statement. While the lawyer asserts a general rule, the cited case presents a specific instance where the opposite was held true, acknowledging a direct conflict in legal interpretation or application.

• Example 2: Different Conclusion or Reasoning (e.g., But see)

  Consider a legal analysis asserting that a company's failure to update its cybersecurity protocols constitutes negligence under a specific regulatory framework. The analysis might state: "The company's outdated security measures clearly demonstrate a breach of its duty of care. But seeCyberCorp Inc. v. DataGuard Solutions, 789 F. Supp. 2d 101 (D. Del. 2018) (finding no negligence where a company's security measures, though not cutting-edge, met industry standards at the time of the breach)."

  Explanation: The "But see" signal indicates that while the cited case, CyberCorp Inc., doesn't directly refute the general principle of negligence, it reached a different conclusion or employed different reasoning in a similar factual scenario. It prompts the reader to examine the cited case for a different perspective or a nuanced application of the law that might lead to a different outcome.

• Example 3: Comparison or Distinction (e.g., But cf.)

  A lawyer might argue that a new municipal ordinance prohibiting commercial signs over a certain size applies uniformly to all businesses in the downtown district. They could then write: "The new ordinance establishes a clear, uniform standard for commercial signage. But cf.City of Metropolis v. Banner Ads LLC, 987 N.E.2d 654 (State Sup. Ct. 2015) (interpreting a similar prior ordinance to include an exception for historical landmarks, allowing larger signs)."

  Explanation: The "But cf." (meaning "but compare") signal invites the reader to compare the current argument with the cited case, City of Metropolis. It suggests that while the older case dealt with a related issue (signage ordinances), there might be distinctions (like the historical landmark exception) that could influence the interpretation or application of the new ordinance, even if it doesn't directly contradict the main point. It encourages a nuanced comparison rather than a direct opposition.