Thursday, September 15, 2022
A Possible Exercise in Interpretation
I heard a recent joke that goes something like this, in a conversation between an insurance agent and the insured homeowner:
- Agent: Hello.
- Insured: Hi. I'd like to report a theft from my house.
- Agent: I'm so sorry to hear the news. Let me take a look at your policy.
- Agent: Okay, tell me more. Did your house also catch on fire?
- Insured: Oh, no. Just a theft.
- Agent: Well, in that case, I'm so sorry. You're not covered.
- Insured: What do you mean I'm not covered? My policy says right here that it is fire and theft protection.
- Agent: Well, that's precisely right. You see, you bought fire and theft protection, not fire or theft protection. So, since you didn't also have a fire, you aren't covered. It's as clear as day.
All kidding aside, contracts are often like that, as is much of law.
So, as you study cases, statutes, and other legal materials, pay attention to the writing, the terms, and the connectors. Be curious. Think outside the box. Be on the lookout for ambiguities in the text because that's the heart of lawyering, precision. Parse the words, particularly criminal statutes. And, if you seen ambiguities, try to clear them up. And, don't forget to do the same on midterm exams and practice exams. That's because it's in the ambiguities in which the points are most heavily concentrated. And if you'd like more advice and exercise in how to become better at reading, check on Prof. Jane Griese's book on Critical Reading for Law School Success. It's the book that I wished I had had in law school. (SJ).