Speaker 0 00:00:00 Did you, did you, did you bait your hook?
Speaker 1 00:00:04 We, we baited a hook. Um, but instead of actually catching fish, we fed fish. So the, the, the fish had a great day. We put some, uh, eels in the water. The fish enjoyed eating the eels. Uh, the fish went,
Speaker 2 00:00:20 Oh yeah. All president having business before the Honorable, the Supreme Court of the United States for draw and
Speaker 1 00:00:30 Give their attention. Welcome to the US Law Essentials Law and Language Podcast, the legal English podcast for non-native English speakers that helps you improve your English listening, improve your legal English vocabulary, and build your knowledge of American legal culture. Hi, this is Daniel. And before we begin today's episode, I wanna remind you that US Law Essentials offers online courses in legal, English and online courses in US law. Our courses are designed for international attorneys, students, translators, and bar candidates. If you have any questions, please contact Daniel
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Speaker 0 00:01:23 Hi and welcome to the US Law Essentials Law and Language Podcast. I'm Steven Horowitz.
Speaker 1 00:01:28 And I'm Daniel Edelson.
Speaker 0 00:01:30 Today we're continuing our focus on vocabulary through analogies and the language of analogies. Um, the goal is to help listeners get familiar with the language of analog and comparison, because in the US common law system, judges and lawyers must frequently use analogy and comparison to effectively explain similarities and differences in cases. You ready, Dan?
Speaker 1 00:01:53 Yeah, let's get started.
Speaker 0 00:01:55 Okay. So our first analogy, problem baiting a hook is to fishing as blank is to hunting. Okay. You know what fishing is Dan.
Speaker 1 00:02:08 Sure. That's when you, when you try to catch a fish.
Speaker 0 00:02:12 Okay. What about hunting?
Speaker 1 00:02:15 I think of hunting as trying to, um, uh, kill an animal that's not in the water. So it would be a land animal or a, uh, flying, you know, flying bird and you could use a, you could use a gun, an arrow, or something like that.
Speaker 0 00:02:34 Okay. And what about baiting a hook?
Speaker 1 00:02:39 Uh, baiting. Baiting a hook. Okay. Well, a hook that's a, on a fishing rod, that's the thing that goes into the fish and bait is, um, bait is something that you use to lure the fish to tempt the fish, to bite the hook.
Speaker 0 00:02:58 Like what, what would you use?
Speaker 1 00:03:01 Oh, um, well, you could use something that the fish wants to eat. Like a, like a, like a worm, a smaller fish, something like that. So something tempting. Something tempting. We for
Speaker 0 00:03:14 The fish, we, when I was a kid, we always used pieces of hot dog.
Speaker 1 00:03:18 Really?
Speaker 0 00:03:20 Yeah.
Speaker 1 00:03:20 Did you catch any fish?
Speaker 0 00:03:22 Sure, sure. It worked well, hot dogs. Hotdog's great for, for bathing A hook.
Speaker 1 00:03:27 Okay. <laugh>.
Speaker 0 00:03:29 Okay, so, so baiting a hook.
Speaker 1 00:03:31 You're sure you were fishing <laugh>? Yeah.
Speaker 0 00:03:34 Yeah. Yeah. Hot dogs. Great. Okay. So baiting, I mean, we used worms too, and you put the worm on the hook. So, so baiting a hook means putting something on a hook. Okay. So baiting a hook is to fishing as blank as to hunting. Right. And hearing are your choices.
Speaker 1 00:03:48 Okay.
Speaker 0 00:03:49 Okay. So we've got, So the choices are loading a gun, firing a gun, stalking game, and aiming a gun. And I wanna ask you first, the one, the one word that I think might not be familiar to people is stalking game.
Speaker 1 00:04:08 So here, game doesn't mean something you play, game refers to animals that you would hunt,
Speaker 0 00:04:15 Right? Like a big game hunter is a term we use for somebody who goes off to, you know, the jungle and hunts, lions or something like that. And stalking.
Speaker 1 00:04:27 Stalking. Ooh. That, that actually has a legal English meaning too. But to stalk s t A l K, um, it means to, um, follow something that you intend to target. So if you're stalking an animal, you'd be following it around, um, waiting for the, just the right moment to, uh, to kill it.
Speaker 0 00:04:54 Yeah. And, and a lot of times, you know, like talk about tigers or, or leopards or stalking their prey, they're stalking an animal that they're gonna catch.
Speaker 1 00:05:04 Yeah. Okay. Yeah. Okay,
Speaker 0 00:05:06 So, so let's start with stocking game. Is that the same as baiting a hook as to fishing, stocking a game as to hunting?
Speaker 1 00:05:14 It sounds like it because it's, you know, it's like, um, it's like the first part of hunting kind of, right? Like, you're sort of following this animal around and you're planning on killing it. So it, it does seem a bit like it.
Speaker 0 00:05:33 Yeah. You said the first part, right? Baiting a hook is the first part of fishing, Like stalking game is maybe the first part of hunting. Um, what does, let's apply that term first part to the other things. Is loading a gun, the first part of hunting.
Speaker 1 00:05:49 Yeah. Loading a gun also sounds like the first part of hunting
Speaker 0 00:05:53 Is firing a gun. The first part of hunting. You
Speaker 1 00:05:55 See, I think loading a, a gun comes before firing the gun because when I load a gun, I put a bullet in it. Right. Or, or a pellet, whatever I'm using. So loading the gun has to come before firing a gun. Right?
Speaker 0 00:06:07 Right. So firing a gun doesn't feel like the first part. What about aiming a gun? Is aiming a gun the first part of hunting?
Speaker 1 00:06:15 Again, it's close, but I'm still, I'm still feeling like I have to have my gun loaded first. So before I aim the gun at the prey at the game, I have to load my gun. So I'm saying no, it's not the first part.
Speaker 0 00:06:31 Okay. So first part kind of works for, for three of these, but it, but, but we still have to distinguish between them, right? Yeah. So what do you think is, which is better aiming a gun or stalking game and why?
Speaker 1 00:06:47 You know, I think I have to focus on the first part of this analogy, the hook. Because the hook, that's what I'm, that's the tool that I'm using to catch and, you know, probably kill the fish, right?
Speaker 0 00:07:09 Yeah.
Speaker 1 00:07:11 And when I'm baiting the hook, I'm putting the thing on the hook that actually makes it effective in terms of hunting the fish, right?
Speaker 0 00:07:23 Mm-hmm. <affirmative>.
Speaker 1 00:07:25 So that's why I'm thinking loading gun is better than stalking game. What do you think?
Speaker 0 00:07:34 Um, well, I think, I think loading gun and aiming gun both involve a gun, a separate thing with the act of fishing. So the hook is, the hook is one piece is the tool that you're gonna use to catch the fish. And the gun is a tool that you're gonna use to do the hunting and stocking game doesn't have that extra piece, that tool in it. So I think it's down to loading gun and aiming gun.
Speaker 1 00:08:03 Yeah.
Speaker 0 00:08:04 I think, and they, both of them, you could say they both are preparation for fishing or hunting. They're both involved preparation, but how do you distinguish them? I think the key distinction is that when you're baiting a hook, you're taking a third thing and com and combining it or attaching it to, or combining it with the tool, the hook. And when you're aiming a gun, you're not doing that. You're just moving the gun around. So there's not a third thing. And when you're loading a gun, you're taking a bullet and putting it in the gun. So I think even though aiming gun is a jacket that fits very well and could be a correct answer, the the better answer is loading a gun because you're taking a bullet and combining it with the, the tool, which is the gun in order to prepare for the act of fishing or hunting.
Speaker 1 00:09:00 Yeah, that's, I guess
Speaker 0 00:09:01 You could, Oh, I was gonna say, uh, and I guess you could also load a gun to prepare for fishing. I mean, if you like shooting fish in the water
Speaker 1 00:09:09 Yeah. That's <laugh>. That's good. I, I like where to explained it. And you know, as you're explaining it, you realize, I realize there's a whole bunch of other analogies that are like, bait is to bullet as, I guess hook is to gun.
Speaker 0 00:09:28 Yeah. Yeah. And then, and you could make a distinction. I mean, a hook is only part of a fishing rod, so maybe it would be bait is to fishing rod as bullet is to gun. But it's, it's a little, it doesn't quite work, right? Fishing rod has two parts, the fishing rod and the hook, whereas the gun is just one thing.
Speaker 1 00:09:53 Well, yeah, the No, no, I, I actually like your, I, I like yours better. Cause I once, once the hook is on the fishing rod, I, I would, I would say it's, it's all one, it's all one thing. You know, the rod, the real, the line, the hook, it's all part of, part of one thing. But yeah, I, I, I think for all these reasons, loading the gun is the, uh, is the best choice.
Speaker 0 00:10:19 And, and you could break a gun into components also, you know, there's the trigger, there's the butt of the gun, There's the, the, the site at the end of the gun, the site, the little thing that you use to aim, um, and some other parts, Oh, there's the, the hammer, which is the thing that, that snaps and forces the bullet to go fast. Anyway. Yeah. So, so what are you gonna do today, Dan? Are you gonna go fishing or hunting
Speaker 1 00:10:47 <laugh>? You know something? This is the summer and I, I did actually go on a fishing trip, um, uh, last week. Um, but it was
Speaker 0 00:10:58 Did you, did you bait your hook?
Speaker 1 00:11:00 We, we baited a hook. Um, but instead of actually catching fish, we fed fish. So the, the, the fish had a great day. We put some, uh, eels in the water. The fish enjoyed eating the eels. Uh, the fish went off with their e and we went home. Had a great day on the water, but we didn't come home with any fish.
Speaker 0 00:11:20 Ah, okay. Well it's so we
Speaker 1 00:11:22 Should have used hot dogs.
Speaker 0 00:11:24 We should have used hot dogs. That, that's, maybe you should have used hot dog as your essential bait.
Speaker 1 00:11:30 That, that, that's important. Okay. All right. Well you stay essential, Steve.
Speaker 0 00:11:34 Stay essential. Dan.
