February 5, 2014

#Knowhow Think Like A Lawyer - Analysis of a sample provision

Suppose a legal section is like this :-

"No one shall construct in any house a room having more than four corners. An occupant who has constructed more than four corners in a room, shall be liable to be punished for 2 years in jail"

Now suppose police finds violation of this law and he files case.

Lawyer will defend his client in following way:

1) Sir, I am owner of this house, but I am not residing there. I am not occupant. This law does not apply to me. Case be dismissed.

Or

2) Sir, I am occupant and I do reside here, but I have not constructed this room. This law applies only to "Occupant who has constructed". Since, I have not constructed, this law does not apply to me, case be dismissed.

Or

3) Sir, my room has only 3 corners. The law applies only to the rooms having more than 4 corners only. This law does not apply to me. So case be dismissed.

Or

4) Sir, the law applies only to "rooms constructed in a house". It does not apply to a "Garage constructed in a house". This is a garage in a house. So the law does not apply to me, so case be dismissed.

Or

5) Sir, this room is not constructed in a house. It is constructed in a Farmhouse. This law does not apply to farmhouses, so case be dismissed.

Or
6) On and on... Many arguments.

MORAL OF STORY

Read any provision of law repeated from various angles. You may see light.

Haresh Raichura
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