minimis, minimus = 'minimum,' 'minimal'

Victor Steinbok aardvark66 at GMAIL.COM
Thu Sep 29 00:34:00 UTC 2011


FarLex has entries for both "de minimus" and "de minimis", with "de
minimus" gathering a rather long list of synonyms, but "de minimis"
getting a full definition. To make things more interesting, the
definition is

> Latin for "of minimum importance" or "trifling." Essentially it refers
> to something or a difference that is so little, small, minuscule, or
> tiny that the law does not refer to it and will not consider it. In a
> million dollar deal, a $10 mistake is de minimis.

That's fine, but that's not how it's interpreted by those who /don't
know Latin/ when the read European statutes (or US statutes, for that
matter). The usual interpretation is nearly the opposite--the smallest
/non-trivial/ amount, i.e., a legal threshold.

     VS-)

On 9/28/2011 8:22 PM, Victor Steinbok wrote:
> "De minimus" is a standard expression in European law and in
> international law--not so much in the US (see exception below). Much
> of the time it's a noun, although it originally was used as a
> modifier--mostly "de minimus amount". Graham certainly has some
> familiarity with international law and admiralty law, so he certainly
> has exposure to the expression (he was a top Navy JAG lawyer).
> Bloomberg's is the only usage that looks unusual to me. I find it
> highly unlikely that there is any correlation with being Republican.
> Besides, Bloomberg is a RINO if there ever was one. He switched
> parties because he had a better chance to get through the primaries as
> a Republican. Then, in his last term, he delisted himself from
> Republican rolls and re-registered as an independent. He was never
> much of a Democrat, but possibly even less of a Republican. You are
> also assuming Rogers's party affiliation from his position--in fact, a
> number of Duke Energy executives are Democrats, although the majority
> are Republicans.
>
> You also might have misheard Graham. Here's the transcript:
>
> http://goo.gl/kvGOc
>> Winning the war on terror to me is as follows.  Where there is will
>> to fight and defeat extremism, it begins to obtain capacity, that
>> when we withdraw, that the military forces left behind will be de
>> minimus and that the people in the country in question will have the
>> capacity militarily to defeat extremism:  When a politician embraces
>> a moderate thought, they don't get killed; they win the election.
>
> But here's another Republican using "de minimus" (not in a way that
> I've heard before)
>
> http://goo.gl/I80Fl
>> Lindsey Graham voted "aye" on the Judiciary Committee and on the
>> floor to replace David Souter with the "Wise Latina". Now, after a
>> milder, but no less effective questioning exposing Elena Kagan's lack
>> of qualifications for the U.S. Supreme Court, John McCain's protege
>> will again vote "aye", so de minimus does Graham view the
>> consequences of the election of conservative Republican senators.
>
> I found a tertiary source that identifies the following quote:
>
>> If they raised taxes on billionaires and millionaires, it adds a de
>> minimus amount of money to the Treasury to pay off the debt
>
> The source claims the line came from NYT, but I have not been able to
> find it in the NYT. No attribution--perhaps that's the Graham line you
> heard.
>
> "De minimus" does show up in US tax law (specifically, in reference to
> benefits--I found several comments that involved "de minimus" WRT
> benefits topics). Hence:
>
> http://goo.gl/97BDP
>> I've heard through the grapevine (which is not reliable) that it
>> costs the IRS $100 to process a 5330 - therefore, many have suggested
>> that the IRS would not go crazy trying to find these types of
>> returns. I think this lost interest on participant contributions
>> revolution (in the past 5 or 10 years, I mean) has definitely created
>> the need for a de minimis tax threshhold, but no such luck yet.
>
> It's just the minimum legally required amount, so I don't see any
> problems.
>
> VS-)
>
> On 9/28/2011 7:28 PM, Jonathan Lighter wrote:
>>   Last week I heard Sen. Lindsey Graham of SC say that we had to reduce
>> something to the "minimus." Just now I heard NYC Mayor Bloomberg tell CNN
>> that "The fact is that the number of people crossing the border illegally is
>> at the minimus number."
>>
>> Think it's just me? Think it's just plain "minimus"? CNN, Apr. 30
>> http://transcripts.cnn.com/TRANSCRIPTS/1104/30/cnnitm.01.html  :
>>
>> "JIM ROGERS, CEO, DUKE ENERGY: First of all, and most importantly, the
>> national grid of the United States relies on just a de minimus amount of
>> oil. So the movement in the oil price really doesn't affect the price of
>> electricity very much."
>>
>> All three speakers are Republicans. Presumably, a confudiation of the legal
>> "de minimis" is at the root of it all.
>>
>> JL

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