If you don't understand a form provision--or don't understand why it should be
included in your document--try diligently to gain that understanding. If you
still can't understand it, cut it.
whether you think the provisions described below have any real meaning. If
you're part of a writing group or class, be prepared to defend your position.
- No savings and loan holding company, directly or
indirectly, or through one or more transactions, shall . . .
acquire control of an uninsured institution or retain, for more than one year
after other than an insured institution or holding company thereof, the date any
insured institution subsidiary becomes uninsured, control of such institution.
[12 CFR § 584.4(b).]
- "Spouse" is defined as the person to whom the Cardholder is legally
married or the person with whom the Cardholder is cohabiting as husband and
wife and has been cohabiting for at least two years provided that where there
is a legally undissolved marriage and the Cardholder is cohabiting with a
person as husband and wife and has been so cohabiting for at least two years,
the spouse is the person with whom the Cardholder has been cohabiting.
- The 911 provider shall not impose, or fail to impose, on Company any
requirement, service, feature, standard, or rate that is not required of the
incumbent local exchange company.
a lawyer who (1) has practiced transactional law for at least ten years, and
(2) can recall a situation in which a provision relating to some other deal had
meaninglessly crept into draft contracts where the provision didn't belong.
Take specific notes on the interview. If you're part of a writing group or
class, be prepared to report your findings.
a reported case in which a party has had to argue that a sentence or paragraph
is essentially meaningless. Write a casenote. Decide whether you agree with the
court's resolution of the issue. If you're part of a writing group or class,
bring a copy of both the case and your casenote for each colleague.
- Exercise -