Legal Definitions - sed vide

Sed vide is a Latin phrase that translates to "but see." In legal writing, it is used as a signal to the reader, directing their attention to a legal authority—such as a court case, statute, regulation, or scholarly article—that presents a conflicting viewpoint, a contradictory statement, or an alternative interpretation to the point or principle that has just been discussed. It essentially serves as a caution or a qualification, indicating that while the preceding statement is supported, there is another significant perspective or ruling that challenges or offers a different understanding of the issue.

Here are some examples of how "sed vide" might be used:

• Example 1: Conflicting Case Law Interpretation

  A legal brief argues that under state law, a specific type of commercial contract requires a written agreement to be enforceable, citing a recent Supreme Court precedent. The brief might then include a parenthetical citation like: "(See Smith v. Jones, 123 S.W.3d 456 (State 2020) (holding written agreement mandatory for enforceability); sed vide Doe v. Roe, 789 P.2d 123 (App. Ct. 2018) (suggesting oral agreement may be sufficient under certain circumstances for similar contracts))."

  Explanation: Here, "sed vide" points to an appellate court decision that, while perhaps not directly overturning the Supreme Court precedent, introduces a nuance or a potentially conflicting interpretation regarding the enforceability of oral agreements in similar contractual situations. It alerts the reader to a possible exception or a different judicial perspective.

• Example 2: Disagreement in Legal Scholarship

  A law review article discusses the prevailing academic theory that corporate boards owe a primary fiduciary duty to maximize shareholder value. The author might then write: "While the shareholder primacy model remains dominant in corporate governance theory, sed vide Johnson, 'The Stakeholder Model Reimagined,' 50 Harv. L. Rev. 100 (2022) (arguing for a broader fiduciary duty encompassing all stakeholders, including employees and the community)."

  Explanation: In this context, "sed vide" is used to highlight a significant scholarly work that directly challenges the widely accepted "shareholder primacy" theory by advocating for a different model of corporate responsibility. It shows that there is a robust debate on the topic.

• Example 3: Contradictory Regulatory Guidance

  An attorney advises a client that a specific environmental permit is required for their construction project based on recent guidance from the Environmental Protection Agency (EPA). In a memo, the attorney might state: "The EPA's latest interpretive guidance clearly mandates Permit A for projects of this scope. Sed vide United States v. Green Corp., 987 F.3d 654 (5th Cir. 2019) (holding that a similar project did not require Permit A under analogous circumstances prior to the updated guidance)."

  Explanation: Here, "sed vide" draws attention to a federal court decision that previously reached a different conclusion regarding permit requirements for a similar project. This indicates a potential conflict between current agency interpretation and past judicial precedent, which could be relevant for challenging the agency's position or understanding the legal landscape.