Implied Standard #35
Definition
Structure technique
Stating what the law requires, then stating what actually happened, without stating that a violation occurred. The violation is the gap between the rule and the reality. The reader identifies the violation independently.
Example
"CPLR 3122(a) requires a party served with a document demand to respond within twenty days, either producing the documents or stating objections with specificity. Respondent's only response, served forty-one days later, lists no documents and states no objection." Rule. Reality. Gap. The word "violation" never appears.
Anti-pattern
"In clear violation of CPLR 3122(a), Respondent has willfully failed to respond..."
Requirements
- The legal standard is stated neutrally
- The factual reality is stated neutrally
- No sentence explicitly says "this is a violation" or "counsel failed to comply"
- The gap between standard and reality is obvious
How it differs
- Relationship to Uncharacterized Omission (#1)
Implied Standard states the rule and the reality. Uncharacterized Omission states only the reality. They can be deployed together (state the rule, then state the omission) or independently. When deployed together, the effect is compounding — the reader sees both the obligation and the failure simultaneously.