Also known as: clarifications · clarify · clarified · clarifying
Written by attorneys · grounded in primary & secondary sources — see below
A process of resolving ambiguity or making a statement, rule, or application more precise. In legal settings the process often determines whether further inquiry is permitted, whether disclaimers are required, or whether a doctrine applies to particular facts.
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Caitlin Crowley, in custody, told officers, "Maybe I should talk to a lawyer." The officers continued questioning without stopping. Because the statement was ambiguous, the officers were free to ask clarifying questions rather than cease all inquiry.
Canyon Construction and Coastal Shipping disputed whether a custom in the shipping trade could supplement their written contract. The court applied the UCC's directive to clarify and modernize commercial law, allowing evidence of the trade usage to fill gaps without rewriting the agreement.
Carlos Castillo's home was searched under a warrant later found defective because of an isolated clerical error by police. The court weighed the deterrent value of suppression against its costs and declined to exclude the evidence, limiting the remedy to negligent or isolated misconduct.
Christian Coleman placed an advertisement stating he was a "Certified Civil Trial Specialist by the National Board of Trial Advocacy." The state bar required a clarifying disclaimer about the certifying body's status. The court upheld the disclaimer requirement as a permissible regulation of commercial speech.
Central Dynamics contracted to build a warehouse for Caleb Chang. Defects caused purely economic losses. The court held that the economic loss rule did not bar Chang's tort claims because the rule is confined to products liability cases and does not extend to service contracts.
Cassandra Cooper's firm advertised contingent-fee cases with the statement "if there is no recovery, no legal fees are owed." The state required a clarifying disclosure that clients might still owe costs. The court upheld the disclosure as a factual, noncontroversial requirement to prevent deception.
Police may ask clarifying questions when the suspect's statement is not a clear invocation of the right to counsel. An ambiguous remark such as "Maybe I should talk to a lawyer" does not require officers to stop questioning.
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The provision directs courts to simplify, clarify, and modernize the law governing commercial transactions so that custom, usage, and party agreement can continue to expand commercial practices.
…not succeeded in articulating a workable doctrine governing choice of law in diversity actions. I respect the Court’s effort to clarify the situation in today’s opinion. However, in doing so I think it has misconceived the constitutional premises of Erie and has failed to deal adequately with those past decisions upon…
…all economically beneficial or productive use of land. See Agins v. City of Tiburon , 447 U.S. 255, 261. The Court has never clarified the "property" interest against which the loss of value is to be measured for purposes of this test. The answer is that the property interest is defined by state law, but the question…
…of constitutional adjudication consists primarily of making value judgments ; if we can ignore a long and clear tradition clarifying
…ground that the agency failed to consider matters "forcefully presented." In fact, here the agency continually invited further
…of the award is the sole issue genuinely presented. The Court ultimately so recognizes, see ante , at 573-574, but further clarification is in order. Dr. Gore's experience was not unprecedented among customers who bought BMW vehicles sold as flawless and brand-new. In addition to his own encounter, Gore showed, through…
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No. Application of the exclusionary rule requires balancing its deterrent purpose against social costs. Suppression is not automatic and turns on police culpability and the likelihood that exclusion will deter wrongful conduct.
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Yes. A state may require clarifying disclaimers to prevent misunderstanding about the certifying body's status and the meaning of the certification, provided the statement being advertised is truthful.
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No. The economic loss rule is limited to products liability cases and does not bar tort claims arising from contractual relationships outside that context.
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A state may require factual, noncontroversial disclaimers clarifying that clients may still be liable for costs, because failure to include them would be misleading.
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