Clearly, the definition allows for fraud to be wrongful without rising to the level
of criminal, so Steyn's
lawyers can argue that he used the
word based on the first definition..
Starting December 1,
lawyers filing briefs with the Texas Supreme Court, the Texas Court
of Criminal Appeals and the state's 14 intermediate appellate courts must contend with a new rule that limits the filings by the number
of words.
The experience and expertise
of a
criminal lawyer are derived from understanding
criminal procedure, forensic analysis, cross-examination and persuasion, the instinctive ability to react to and control a dynamic environment — where cases can be won or lost in a split second based on a single
word.
So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most
lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome
of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft
Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard
of review, presence
of a dissenting opinion, and readability
of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue,
criminal or civil case, presence
of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56