Legal Definitions - Signal

In legal writing, a signal is a specific word or short phrase that appears before a citation to guide the reader on how the cited source relates to the statement being made. It acts as a concise instruction, indicating whether the source directly supports, illustrates, contradicts, or provides background information for the preceding text. Signals help legal professionals quickly understand the nature of the authority being referenced without needing to read the full document immediately.

Here are some examples illustrating how signals are used:

• Direct Support: Imagine a legal brief arguing that a specific type of contract must be in writing to be enforceable. The writer might state:

  "Agreements for the sale of real estate must be memorialized in a written document to be legally binding. See Restatement (Second) of Contracts § 110 (1981)."

  In this instance, the signal "See" tells the reader that the cited source (the Restatement of Contracts) directly supports the preceding statement about real estate contracts needing to be in writing. It indicates that the source provides a clear articulation or confirmation of the rule.

• Contrasting or Opposing View: Suppose a lawyer is discussing a legal principle that is generally accepted, but acknowledges that some jurisdictions hold a different view. They might write:

  "While most states require strict adherence to statutory deadlines for filing appeals, some courts have recognized exceptions for extraordinary circumstances. But seeJohnson v. State, 45 F.3d 123 (9th Cir. 1998) (rejecting an extraordinary circumstances exception for a late appeal)."

  Here, "But see" signals to the reader that the cited case, Johnson v. State, presents a contrary or opposing viewpoint to the general statement made. It alerts the reader that this specific source does *not* support the idea of exceptions, but rather illustrates a jurisdiction that rejects them.

• Illustrative or Background Information: A legal scholar might introduce a complex concept and then refer to a source that provides a general overview or a helpful example, rather than direct legal authority for a specific point.

  "The doctrine of promissory estoppel can prevent a party from going back on a promise, even if no formal contract exists, when another party reasonably relied on that promise to their detriment. See generally E. Allan Farnsworth, Contracts § 2.19 (4th ed. 2004)."

  The signal "See generally" indicates that the cited source (Farnsworth's treatise on Contracts) offers a broad discussion, background, or an illustrative explanation of promissory estoppel, rather than providing the specific legal rule or a direct case holding for the immediate statement. It suggests the reader can consult the source for a fuller understanding of the concept.