Introduction to English for Legal Purposes I

1. Introduction to English for Legal Purposes I

2. General info • Lecturer: Dr. sc. Marijana JavornikČubrić • Classes: Tuesday 8:30 – 10:00 • Office hours: Tuesday 10:00 – 11:00, Gundulićeva 10, Room No. 6 • Contact: marijana.javornik@pravo.hr

3. Coursebook • Pavić, Smerdel, Vićan English for Lawyers, Narodne novine, Zagreb, 2012 • Units 1-10

4. Recommended dictionaries • M. Gačić: Englesko-hrvatski rječnik prava, Naklada Ljevak, 2004 or 2010 • Black’s Law Dictionary

5. Topics • What Is Meant by Law? • Sources and Varieties of English Law • Statute Law in Britain • The British Judiciary • The Doctrine of Precedent • The Legal Profession in Britain • Legal Aid • Civil and criminal courts

6. Course outline • Oct. 7 Introduction to ELP • Oct. 14 What Is Meant by Law? • Oct. 21 Sources and Varieties of English Law • Oct. 28 Statute Law in Britain • Nov. 18 The British Judiciary • Nov. 25 The Doctrine of Precedent • Dec. 2 The Legal Profession in England • Dec. 9 Legal Aid • Dec. 16 A Day in a Civil Court • Dec. 23 A Day in a Criminal Court • Jan. 13 Revision • Jan. 20 End-of-term examination • Jan. 27 Final revision and signatures

7. Teaching materials • Available at: www.pravo.hr/sj/nastavni-materijali • Folder: • Engleski jezik pravne struke I

8. Attendance • Strongly recommended • Required for taking the end-of-term examination

9. Examination • Written part – grammar, legal terms, gap filling, basic definitions • Oralpart – presenting a topicusingrelevantvocabulary

10. Any questions?

11. ESP

12. Common abbreviations • EFL – English as a Foreign Language • ESP – English for Specific Purposes (f. e. Business English) • EAP – English for Academic Purposes • ELP – English for Legal Purposes • EPA – English for Public Administration

13. The teaching of ESP • A separate activity within English Language Teaching (ELT) • ESP must be taught by studying a content-based subject – knowledge of the language becomes the means of learning content (CLIL)

14. A definition of ESP (Strevens) • ESP is designed to meet specific needs of the learner • Related in content (themes and topics) to particular disciplines or occupations • Centred on language appropriate to those activities in syntax, lexis, discourse and so on • In contrast with ‘General English’

15. Key stages in ESP • Needs analysis • Course design • Materials selection • Teaching and learning • Evaluation

16. Language issues in ESP • Grammar • Vocabulary (technical, semi-technical) • Discourse analysis

17. ELP

18. Difficulties in ELP 1. Polysemy 2. Phrases/collocations 3. Foreign and archaic words 4. Doubles and triplets 5. Technical vocabulary

19. Polysemy • Words that have several meanings; one meaning in ordinary English and another meaning as a legal term • The importance of the context (everyday language v. language for legal purposes) • Examples: common, act, consideration, tender, redemption etc.

20. Collocations • Collocations are expressions which consist of two or more words which frequently appear together. • Collocations may involve adjectives and nouns (e.g. ‘a derisory offer’ or ‘a binding contract’), verbs and nouns (‘to fulfil obligations’), adverbs and nouns (‘legally valid’ or ‘wholly fraudulent’).

21. Phrases/collocations Some examples: • detrimental effect – štetno djelovanje • discharge the jury – raspustiti porotu • rescind a contract – raskinuti ugovor • sham marriage – lažni brak • valid reason – utemeljeni razlog • voidable contract – pobojan ugovor • wrongful death – smrt treće osobe

22. Foreign and archaic words • Words of Scandinavian, Latin and French origin • Archaic terms

23. Law Latin • In the 11th and 12th century, Latin was the language of legal document in England • In this period common law system was created, and consequently many common law terms were originally formed in Latin. • As an example, here is a list of some Latin words and phrases that are still most common in legal English: ab initio, affidavit, amicus curiae, bona fide, ex parte, habeas corpus, in personam, inter alia,mensrea, obiter dicta, stare decisis, subpoena, sui generis… • These examples only show how extensive the list could be; it has been estimated that at least some 3,000 Latin maxims are currently used in legal English.

24. The Norman Conquest • The Norman Conquest in 1066 was one of the most important events in English history that also proved to be one of the most important events in the development of the English language in general, and particularly the language of the law. • After the Conquest, the new king William brought to England numerous noble families from Normandy. Linguistic situation in the country became complex, as common folk spoke English, the newcomers spoke French, and the written language was, as in the rest of Europe, primarily Latin.

25. Law French • Although it is frequently claimed that the Norman Conquest caused French to become the language of the law in England, the first law was actually promulgated in French in 1275. • Soon after that French became the language of the legislature and judiciary. • This situation continued for almost three centuries.

26. Numerous verbs connected with the judicial procedure are also of French origin: sue, plead, accuse, indict, arraign, depose, blame, arrest, seize, pledge, warrant, assail, assign, judge, condemn, convict, award, distrain, imprison, banish, acquit, pardon, as well as many criminal offences: felony, trespass, assault, arson, larceny, fraud, libel, slander, perjury and adultery.

27. A significant number of terms connected with the government and administration also stem from this period and are of French origin: government, govern, administration, crown, empire, reign, royal, authority, sovereign, majesty, court, council, parliament, assembly, statute, treaty, alliance, repeal, tax and so on.

28. French as the dominant language of the law caused huge problems for common English people who had any contact with the law. An uneducated person who had a case before the court could not understand what was being said, since all court proceedings were conducted in French. • The Parliament of the United Kingdom tried to regulate the language of the law on three occasions. The first attempt was the famous Statute of Pleadings from 1362.

29. The Statute of Pleadings • The Statute of Pleadings demanded that all court proceedings should be conducted in English, and official documents should be recorded in Latin (because French was largely unknown in the country) • It was written in French. • However, lawyers continued to use French in the court as the language of the elite, so even though statutes were passed in English, Freench remained the dominant language of the courts until the 17th century.

30. The Courts of Justice Act • Finally, in 1731 Parliament passed The Courts of Justice Act which required that all court proceedings and statutes had to be only in English, and not in Latin or French

31. New French terms • Acquis communitaire • Rendez-vous clause

32. Archaic terms • Aforementioned – set out above • Hereafter – after this • Hereby – in this way • Herein – in this (document) • Notwithstanding – despite • Thereafter – after that • Thereby – in that way • Therein – in that (document) • Therewith – with that

33. Doubles and triplets • To have and to hold – to own • Any and all – all • Last will and testament • Null and void • Full and complete • Ready, willing and able

34. Technical vocabulary • Legal terms – examples • Tort • Alternative dispute resolution • Remedies • Trafficking • Money laundering

35. Similar notions • Contract v. agreement • Probation v. parole • Evidence v. proof • Common law v. case law • Barrister, solicitor, lawyer, attorney, counsel, litigator - odvjetnik

36. Characteristics of legal texts • Long and complex sentences • The passive • Impersonal style – avoiding personal pronouns • Legal “shall” – imposing an obligation or duty on someone • Technical vocabulary • Archaic and foreign words • Repetition of words

37. Plain English for Law movement • The main premise: legal documents ought to be plainer and more comprehensible to the average person • The movement began in the 1970s, but people have objected to the obscurity of legal language for many centuries • The first plain English law: The Statute of Pleading enacted in 1362 (“all pleas be pleaded, defended, answered, debated and judged in the English tongue”)

38. Why plain language? • Readers understand documents better • Readers prefer plain language • Readers locate information faster • Documents are easier to update • It is easier to train people • Documents are more cost-effective

39. Results of the movement • Some of the most important changes in the legal language in England were introduced in 1999 with the implementation of the new rules of civil procedure that abolished some outdated legal terms for modern equivalents, such as: • Anton Piller order - search order • ex parte – without notice • In camera – in private • Plaintiff – claimant • Subpoena – witness summons • Writ – claim form

40. Example • Rewrite the following passage: “ The statement for professional services that you will find enclosed herewith is, in all likelihood, somewhat in excess of your expectations. In the circumstances, I believe it is incumbent upon me to avail myself of this opportunity to provide you with an explanation of the causes therefor. It is my considered judgment that three factors are responsible for this development.” (Source: R. Wydick, Plain English for Lawyers, p. 57)

41. Plain English formulation • The bill I am sending you with this letter is probably higher than you expected, and I would like to explain three reasons why.

42. A joke for the end... • How do lawyers say “Merry Christmas”?

43. Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low-stress, non-addictive and gender-neutral celebration of the winter solstice holiday as practised within the most enjoyable traditions of the religious persuasion of your choice (but with respect for the religious or secular persuasions and/or traditions of others, or for their choice not to practise religious or secular traditions at all).

44. Thank you for your attention!