Legal Definitions - special reference

A "special reference" in a legal context refers to a specific, explicit, and often detailed mention or direction to a particular item, document, legal provision, or fact. Unlike a general or implied reference, a special reference is made with precision to ensure clarity, avoid ambiguity, or establish a particular legal effect or relationship. It leaves no doubt about what is being referred to.

• In a Will or Trust: A will might state, "I bequeath my entire estate to my spouse." This is a general statement. However, a will containing a "special reference" might say, "I bequeath my collection of vintage automobiles, specifically those listed and appraised in Schedule A attached to this will, to my nephew, Michael Chen."

  Explanation: This is a special reference because it doesn't just mention "vintage automobiles" generally; it points to a specific collection, identifies the recipient precisely, and directs the reader to an attached schedule for a detailed list and appraisal. This precision ensures there is no ambiguity about which vehicles are intended for Michael.

• In a Contract: A standard contract might include a clause stating, "The parties agree to comply with all applicable laws." This is a broad, general reference. A contract utilizing a "special reference" might instead state, "The confidentiality obligations of the parties shall be governed by the terms outlined in the Non-Disclosure Agreement dated March 15, 2022, between the parties, specifically Section 4.1 concerning the definition of 'Confidential Information'."

  Explanation: This example demonstrates a special reference by not just generally referring to "confidentiality obligations" or "applicable laws." Instead, it explicitly points to a particular, dated agreement and further narrows the focus to a specific section within that agreement, making it clear exactly which terms define the confidential information.

• In a Legal Pleading or Court Order: A lawyer might argue in a brief, "The defendant's actions violated several consumer protection statutes." This is a general assertion. A brief or court order making a "special reference" might state, "The court's ruling on punitive damages is guided by the precedent established in Johnson v. Acme Corp., 123 F.3d 456 (9th Cir. 1998), particularly the appellate court's analysis of 'reckless disregard' as articulated in Part II(C) of that opinion."

  Explanation: This is a special reference because it doesn't just cite a case generally. It identifies a specific appellate court case by name and citation, and then further specifies which part of that opinion, and even which specific legal concept within that part, is particularly relevant to the current decision. This precision guides legal reasoning and interpretation.