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EXPLANATION: "BELOW" vs "INFRA"

COMPARISON

"Infra" means "Below". So, why use "Infra"?

Reason #1: "Infra" has a specific legal meaning, while "Below" can be ambiguous;

 Infra always means a subsequent part of text (ie, "below this paragraph").
 Below usually means a subsequent part of text (ie, "below this paragraph").
 However, sometimes, Below means a lower court (ie, "the trial court").


Reason #2: "Infra" is a short/simple word (compared to other latin terms);

Reason #3: Using "Infra" will indicate that you are willing to fight to the end.
 Fighting to the end ≈ going through the appellate process.



EXAMPLE A

Example A (An Ambiguous use of "Below"):

"1. The court below said Appellant deserved X-Y-Z, but Appellant deserved A-B-C (see 20, below)."
"25: Appellant deserves A-B-C because of blah blah blah..."


Analysis:
This passage used the word "below" twice in one sentence. The first time it meant the trial court; and the second time it meant a succeeding portion of the same document.

Problem:
Ambiguity.
Moreover, every subsequent citation of that passage will increase confusion.

Solution:
Use "infra" instead (see Example B, infra)

EXAMPLE B

Example B (Clear use of "Below" and "Infra"):

"1. The court below said Appellant deserved X-Y-Z, but Appellant deserved A-B-C (see 20, infra)."
"25: Appellant deserves A-B-C because of blah blah blah..."


Analysis:
This passage cites itself; while making clear that its substance comes from a lower court.

Benefit:
Clear. Simple.
Both the appellate court and the trial court will understand what you're saying.

WARNING: AVOID USING 'INFRA' IN YOUR APPENDICES



...POINTS & THINGS...

Congratulations! You're now Booked Up on the differences/uses between the terms "Below" and "Infra"!

TBD recommends using "Infra" in your legal writing (especially at the trial court level)!

Please get the justice you deserve.

Sincerely,



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