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SEPTEMBER 2023
Legally Brief With Kevin Patrick Automobile accidents | Daycare injuries | wrongful death
Decode the Language of the Law WHY DO LAWYERS USE CONFUSING LATIN IN THE FIRST PLACE?
To become a lawyer, an individual must undergo years of education and training. So, how could we attorneys ever expect our clients to understand complex legal jargon? I know most people have some understanding of legal terminology, be it from TV or a simple context. However, grasping Latin terms and phrases can seem downright impossible.
else. Isn’t it more concise just to say quid pro quo? While efficiency is one reason Latin is still used in legal settings, it is also partly to honor the history of law. LATIN TERMS IN PERSONAL INJURY Actus reus: Translated as “guilty act,” this term refers to the action or even inaction that resulted in the
are equally at fault. In pari delicto stops a plaintiff from receiving compensation for damages if they also took part in wrongdoing alongside the defendant. Mens rea: While actus reus is “guilty act,” mens rea is “guilty mind.” Mens rea is the mental state that leads to a person’s crime. Intention, knowledge, recklessness, and negligence are all considered mens rea. If you commit an act that leads to another person’s injury, illness, or death and knew the possible consequences beforehand or didn’t consider them, that is mens rea. Pro bono: Also known as “for the public good,” pro bono is legal work done for free. Our firm has worked on various pro bono cases as we strive to support our community. Respondeat superior: This occurs when an employer is responsible for their employees. An employer may be liable for their employee’s offense or damage in a personal injury case. Clearly, this is just the tip of the Latin iceberg! If you have questions about complex legal terminology or processes, call our team at (404) 566-5880 for easy- to-understand answers. I’ll do my best to freshen up on even the dustiest legal Latin!
crime. For example, actus reus could be the physical act of driving and texting that led to a severe collision. If someone is injured, the physical action that led to that injury would be considered the actus reus. Ad litem: This occurs when an individual is appointed to speak on
Of course, my team and I would never expect our clients to know terms like these. That’s our job! We’ll always explain your case and situation as clearly as possible, and if you ever have questions, you can
always ask. However, for those intrigued by the mystery of these
foreign terms, read on to learn why the legal system uses Latin and phrases you may want to know!
behalf of another. Ad litem can occur when a parent or guardian speaks for their child or a person speaks on behalf of a loved one who is incapacitated. Amicus curiae: Translated as “friend of the court,” this refers to someone not aligned with either party in a case but allowed in court to offer information or advice. The person or group may have a substantial interest in the case and petition for permission to submit a brief to influence the court.
WHY LATIN? Out of all the languages, especially
English, why would the U.S. legal system use something as archaic as Latin? Well, our country uses legal practices that date back to ancient Rome, and these Latin terms not only represent that rich history of justice but also can easily convey a legal procedure or idea in just a few words. For example, quid pro quo means that something is given in return for something
In pari delicto: “In equal offense,” this Latin phrase means that both parties
This publication is for informational purposes only, and no legal advice is intended.
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The Little-Known Story Behind Our National Anthem
ITS AUTHOR WAS A LAWYER ON THE JOB
If you remember the name Francis Scott Key at all, you probably remember him as the poet whose piece “The Defense of Fort M’Henry” became “The Star-Spangled Banner.” As kids, most Americans learn about Key’s iconic moment writing the poem while standing on the deck of a ship during the War of 1812. There, with rockets exploding overhead, inspiration struck, and he scribbled a poem we still sing today. However, that vignette isn’t the whole story — far from it! Key wasn’t a patriotic poet by trade. In fact, he only got the chance to write “The Defense of Fort M’Henry” because of his career as a lawyer. He was onboard a British ship that day not to write or fight but to negotiate the release of a prisoner of war named Dr. William Beanes.
According to Smithsonian Magazine, British soldiers captured Beanes when he tried to protect his Maryland home. The War of 1812 was well underway, and the British had already burned down the White House in Washington, D.C., and set their sights on Baltimore. When they swept Beanes off to a ship named the Tonnant floating in the Chesapeake Bay, Key attempted a legal rescue. Armed with a letter revealing Beanes had once treated British soldiers, Key successfully boarded the Tonnant and negotiated the doctor’s release on Sept. 13 — but it was too late for escape. The British troops were heading for Baltimore, so they kept Key and Beanes on deck in temporary captivity until the battle was over.
The Tonnant was moored 8 miles from Maryland’s Fort McHenry, and its deck gave Key the perfect vantage point for poetic inspiration. According to Smithsonian, he said, “It seemed as though Mother Earth had opened and was vomiting shot and shell in a sheet of fire and brimstone.” The clash continued until dawn. Then, as Key watched, the sky lit up to reveal the American flag still flying over the fort. The lawyer quickly pulled a letter from his pocket and scribbled the words that would later become “The Star-Spangled Banner.” The British let Key and Beanes walk, and his poem became a national sensation — not bad for 24 hours of writing and lawyering!
REST, HEAL, AND LET US HANDLE IT INSTEAD It Only Took 2 Months to See Results!
My line of work isn’t easy, but it is endlessly rewarding. There are times when cases become more complicated with every passing moment. Every attorney will even experience a case that makes them lose sleep. Of course, when I can help someone receive the justice they deserve, the hard work is always worth it. However, sometimes, a client’s case goes by seamlessly. I recently experienced a case that went by so smoothly and successfully that I wondered if it were all a dream! Crystal came to our team after another firm’s handling of her case had her questioning her options. With a legal
team on your side, you should never have concerns about the future of your case. This should lie on your team’s shoulders doing the heavy lifting for you. After a car accident, Crystal deserved to rest and heal rather than worry about legal matters. I knew we could do better for her. Fortunately, we received incredible results for her in as little as two months! We filed a lawsuit and pushed the ball forward when others wouldn’t. Crystal won the compensation she deserved from her insurance company and now can finally move past this stressful time in her life. Hopefully, our team was able to make this time easier for her.
Sometimes, all a case needs is a dedicated team’s support for the process to move forward successfully. You might often hear about those long, drawn-out cases that take years to resolve. Well, that’s the last thing I want for our clients. My team and I will do whatever it takes to ensure our clients reach a favorable resolution as swiftly as possible. If you or someone you know is unsure whether a case is being handled properly, reach out to the Kevin Patrick Law team. We will review your case, the steps taken so far, and how we can better help you. Call (404) 566-5880 and earn yourself some peace of mind.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
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Can the University of Georgia Win Another Championship? The first day of September brings not only National College Colors Day but also the beginning of another incredible college football season. If you’re a diehard Georgia Bulldogs fan like us, then you’re pumped for the first game! The Dawgs will share the field with the University of Tennessee at Martin on Sept. 2, and by the time you read this, we’ll already be well into the first few games of the season! National College Colors Day encourages students, alums, and faculty to embrace school spirit and cheer on their teams. With the University of Georgia, we already know the campus will be buzzing with excitement, whether it’s National College Colors Day or not! UGA’s football team is one of the best in the nation. No doubt about that! Earlier this year, the Associated Press ranked UGA first among the top 25 college football teams. We’ve won this title a total of three times! From Back-to- Back to 3-Peat?
The Georgia Bulldogs won gold in 1942, 1980, 2021, and 2022. We’re certain that no one in Georgia can forget the celebration when the Dawgs won back-to-back championships! At the 2022 championship, we all expected a victory but not to that extent. With a final score of 65-7, the Bulldogs ensured the TCU Horned Frogs didn’t stand a chance! This was the most points ever scored in a national championship game. UGA even closed the 2022–2023 season with a perfect record of 15-0. At the university, roads were blocked off as students took to the streets to celebrate the tremendous victory! The big question is: Can we do it again? Coach Kirby Smart has two national titles to his team’s name, and we have a feeling he can earn his third! Athens will be bursting with energy as this football season continues, and we honestly can’t wait to see if we can make a third national championship win in a row! What do you think? Will the Bulldogs be able to lift that trophy a fifth time?
Every Dawg is proud of their triumphant team, and with four national championship wins under their belt, how can we not be?
TAKE A BREAK
Cozy French Onion Soup
As autumn draws near, you’ll need this comforting French onion soup recipe. Ingredients • 5 tbsp olive oil, divided • 1 tbsp butter • 8 cups sliced onions • 3 garlic cloves, minced • 1/2 cup port wine • 2 32-oz cartons beef broth • Salt and pepper, to taste • 24 slices baguette (1/2-inch thick) • 3/4 cup shredded Gruyere cheese Directions 1. In a Dutch oven, heat 2 tbsp oil and butter over medium heat. Add onions and cook until softened, then reduce heat. Occasionally stir until brown (around 30 minutes). Add garlic and cook for 2 more minutes. 2. Stir in wine and bring to a boil. When liquid has reduced by half, add broth, salt, and pepper. Bring to a boil, reduce heat, and simmer for 1 hour. 3. Preheat oven to 400 F. On a baking sheet, brush baguette slices with remaining oil. Bake until golden (3–5 minutes each side). 4. In 12 broiler-safe 8-oz bowls, place 2 toast slices and pour soup into each. Top with cheese and broil until melted.
Solution
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Inside This Issue 1 Kevin’s Intro to Legal Latin 101 2 Wait ... A Lawyer Wrote Our National Anthem?
How Kevin Turned a Client’s Case Around
3 Go Dawgs! Georgia Bulldogs Kick Off College Football Season Cozy French Onion Soup 4 Thief Caught Red-Handed Thanks to Facebook?!
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Hilarious Real-Life Crimes
They Seem Too Dumb to Be True!
MONOPOLY MONEY DOESN’T WORK IN THE REAL WORLD. Michael Fuller stopped by Walmart to purchase a vacuum cleaner and microwave for $476. But instead of paying with real money, he decided to pay using a million-dollar note from the game Monopoly. The gentleman then demanded that he receive $999,524 from the cashier since he would need cash back for his “purchases.” The cashier called the police, and Michael was charged with attempting to obtain property by false pretenses. Can you believe these hilarious crimes?! Do you know of any we should highlight next time? We would love to hear from you!
Today, we have tons of podcasts, YouTube videos, TikToks, and documentaries about true crime. It seems like we can’t get enough of learning about the person behind heinous crimes and their motives. But what about the crimes you can’t help but laugh at because they’re almost too funny to be true? Here are two crimes you won’t believe happened because of how silly and, for the lack of a better term, dumb they are! DON’T FORGET TO LOG OUT OF FACEBOOK! Nicholas Wig broke into James Wood’s house one night and stole his credit cards, cash, watches, and more. However, the 26-year-old thief left his Nike shoes, jeans, and a belt at the scene of the crime … but that’s not all. 4 • KEVINPATRICK.LAW I 404.566.5880
When James got home, he was stunned to see his house had been broken into. But after realizing the thief had accessed Facebook on his computer, he decided to post on Nicholas’ account that he (Nicholas) had broken into his
(James’) home. James also shared his phone number in case anyone had any additional information.
Nicholas contacted James over text, and the two agreed to meet in person. The thief thought if he went to James’ home and returned the stolen items, everything would be fine — but that’s not how things played out. As soon as James spotted Nicholas walking toward his home, he called the police. When law enforcement arrived, they arrested the thief on the spot.
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