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The Defined Term as Argument #7

Definition

Writing technique · Tier Informal

Introducing a parenthetical defined term that frames the issue favorably throughout the rest of the document. After the first use, every subsequent reference reinforces the characterization without additional editorial language.

Example

"Respondent (hereinafter 'the non-responding party')..." — every subsequent reference reinforces the failure to respond before the judge reaches the legal argument.

Anti-pattern

"Respondent, who Movant contends has failed to respond to the demand..."

Why it's informal

Defined terms are taught as a formatting convention. Nobody teaches them as a continuous persuasion mechanism. But "Respondent (hereinafter, the 'non-responding party')" means the judge reads "the non-responding party" forty times in the document. The characterization is adopted as vocabulary. The defined term does persistent argumentative work that would be editorializing if stated in any other form.

LLM note

LLMs can deploy defined terms reliably if instructed. This is high-value for AI-assisted drafting because the technique is mechanical to implement but requires strategic judgment to choose the right term.


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