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Simple English definitions for legal terms
red herring
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A quick definition of red herring:
Red Herring: A red herring is something that is used to distract people from the main issue. It's like when you play a game of hide and seek and you throw a toy in one direction to make the seeker look there while you hide somewhere else. In law, a red herring can be a fact or argument that is not important but is used to take attention away from the main point of a case. It can also refer to the first step in getting approval for apartment conversion plans, where a draft plan is submitted for review and no advertising or sales can happen until it's approved.
A more thorough explanation:
Red Herring is a term used in law that has two meanings:
Red Herring is a legal or factual issue that is irrelevant and used to divert attention away from the main issues of a case. This is done to confuse or mislead the opposing party or the judge. The term comes from the practice of training hunting dogs by dragging cured herrings across the scent trail of a fox. For example, in a court case, if a lawyer brings up an argument that has nothing to do with the case, it is called a red herring. This is done to distract the judge or jury from the main issue of the case.
Example: In a criminal case, the defendant's lawyer may bring up the fact that the victim had a criminal record. This is a red herring because it has nothing to do with the crime the defendant is accused of committing.
Red Herring can also refer to the first step in the procedure for a governmental approval of apartment conversion plans. During this stage, the sponsor submits a draft proposed offering plan, or "red herring," to the Department of Law and simultaneously provides copies of the red herring to existing tenants of the building. The Department of Law reviews the contents of the red herring and either accepts the plan for filing, issues a deficiency letter to the sponsor, or rejects the plan for filing. The Department of Law is required to take one of these actions within six months of the red herring's submission. During the red herring stage, no advertising, offers, or sales can legally take place. If the Department of Law issues a deficiency letter, the sponsor is given an opportunity to cure the deficiencies. If the Department of Law rejects the red herring, a revised red herring must then be filed if the sponsor wishes to proceed with the conversion.
Example: A real estate developer wants to convert an apartment building into condominiums. The developer submits a draft proposed offering plan, or "red herring," to the Department of Law for approval. The Department of Law reviews the red herring and either accepts it, issues a deficiency letter, or rejects it. If the red herring is rejected, the developer must submit a revised red herring if they want to proceed with the conversion.
These examples illustrate how the term "red herring" is used in different contexts in the legal field.