Also known as: plain-language · plain English · plain writing
Written by attorneys · grounded in primary & secondary sources — see below
A clear and accessible explanation of legal rights or obligations. Certain uniform acts require this form of explanation in marital or probate agreements when a party lacks independent legal representation so that the waiver is enforceable.
Paula Pierce signed a postmarital agreement at her husband's office waiving elective share rights. No lawyer represented her and the document used only technical terms without any clear explanation of the rights surrendered. When her husband died the probate court refused to enforce the waiver because the writing lacked the required accessible account of the statutory protections being relinquished.
After their wedding Pavel Petrov signed a short note at the kitchen table stating he would claim nothing from his wife's estate. No attorney was present and the note contained no straightforward description of homestead or family allowance rights. Upon his wife's death the court held the note unenforceable so Pavel could still assert his statutory spousal protections.
Select any source to read its text and confirm it supports the definition.
Pearl Porter challenged a statute creating an election commission whose members were named by congressional leaders. The court examined the Appointments Clause text and applied its ordinary wording rather than an implied exception. Because the clause's straightforward terms did not authorize congressional appointment the commission structure was invalidated.
Portia Price sought to suppress serological results after the government consumed a DNA sample during its own analysis. The consent order allowed the FBI to conduct its own tests. Reading those words in their ordinary sense the court concluded the government had complied and denied suppression.
Priscilla Parks was convicted under a hate-crimes statute after an assault tied to the victim's religion. The court applied the ordinary meaning of the because-of language and required only a causal link between conduct and protected class. That reading supported the conviction without an added animus element.
Penelope Price's religious group challenged city ordinances banning animal sacrifice. The court read the Free Exercise Clause according to its ordinary wording and found the laws targeted religious conduct. The straightforward textual analysis led to invalidation of the ordinances.
Under the uniform acts a plain-language explanation is required when the waiving party lacked independent legal representation at signing. The explanation must describe the specific marital or spousal rights being affirmed modified or waived so the party understands the consequences.
Supporting sources
Yes when the party had no independent counsel the statute makes the agreement unenforceable without the required explanation. The purpose is to ensure the waiving spouse actually understands the rights being surrendered.
Supporting sources
Courts look for wording that a layperson can readily understand without legal training. Technical fine-print terms or mere references to statutes do not satisfy the requirement when counsel was absent.
Supporting sources
…perform functions necessary to that body as an institution. But there is no need to read the Appointments Clause contrary to its plain language in order to reach the result sought by the Court of Appeals. Article I, § 3, cl. 5, expressly authorizes the selection of the President pro tempore of the Senate, and § 2, cl. 5, of that…