Legal English

1. Legal English

2. How many subvarieties of legal English can you think of? • Legal documents: contracts, deeds, insurance policies, wills, many kinds of regulations • Works of legal reference, with their complex apparatus of footnotes and indexing • Case law: language made up of spoken and written decisions which judges make about indvidual cases

3. What is generally denominated legal language is… • … a mere technical language, calculated for eternal duration and quite easy to be learnt both in present and future times because, among technical languages, LE is the most fossilized (fixed).

4. Flawless • Unambiguous • Impenetrable (to non experts) • Complex syntax, full of apparent redundancy • Concern for coherence and precision • Respect for ritual and historical tradition

5. Some functions of legal English • Its statements have to be so phrased that we can see their general applicability… • … yet be specific enough to apply to individual circumstances • They have to be stable enough to stand the test of time… • …. yet flexible enough to adapt to new social situations • They have to be expressed in such a way that people can be certain about the intention of the law respecting their rights and duties

6. That’s why… • Complex syntax: • Lengthy sentences (because it tries to integrate several relevant issues in a single statement) • repetitive (because it needs to make clear whether a new point applies to everything which has previously been said)

7. Use of elaborate hypotactic constructions • widespread use of conditional clauses introduced by if/should/where, reflecting the cautious nature of legal decision making. • Organisation in paragraphs, with appropriate punctuation consisting of a frequent use of colons, semi-colons, numbers and spacing.

8. Small set of grammatical and lexical features • Modal verbs (must, shall, will) distinguish between obligation and discretion. • Pronouns (all, whoever) and generic nouns (hypernyms e.g. vehicle, person) help to foster a law’s general applicability • Certainty can be promoted by explicitly listing specific lexical items (hyponyms)

9. The present and present perfect tenses are prevalent, in addition to the deontic shall where the obligations of law are concerned: • Upon receipt of any order by the agent for goods the said agent shall immediately transmit the above mentioned order to the principal…

10. Stylistically • Much Repetition or partial repetition • Resort of capital letters • Other emphatic devices • To stress the importance of the key features in a legal text:

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12. The tone is archetypally impersonal, often ritualistically conventional: In accordance with Article 3, sub-section (d), clause 13a

13. Lexis • Archaic terms so typical of English juridical jargon: • Whereas (premesso che) • Whereby (per cui, per la qual cosa) • Thereby (a causa di ciò, in merito) • Henceforth (d’ora in avanti) • Hereto (qui, a questo) • In witness thereof (in fede di ciò) • The aforesaid (di cui sopra)

14. Lexis • Many terms are used exclusively or predominantly within a legal context: • Tosue(citare, fare causa) • Warrant(ingiunzione, mandato, ordine) • Summons(mandato di comparizione) • Binding(vincolante) • Toenact(emanare) • Default(inadempimento)

15. Lexis • Typically legal collocations: • to claim damages (chiedere risarcimento), • to commit for trial (inviare a giudizio), • to draft a bill (redigere un progetto di legge);

16. Lexis • Others can be seen to belong to the legal and other sectors: • Mortgage (ipoteca) • Merger (fusione) • Patent (brevetto)

17. Locutions • Formulaic expressions of a ritualistic nature: • Given that (dato che) • In the evidence of (nel caso di) • It is hereby certified (certifica) • I, the undersigned, … (il sottoscritto)

18. Verbs + prepositions: • To lay down (formulare) • Pertaining to (in riferimento a, riguardo a) • To provide for (provvedere, prevedere)

19. A number of fossilised expressions • Expressions of foreign or classical origin: • Ordinary care and skill (diligenza del buon padre di famiglia) • Without let or hindrance (senza alcun impedimento) • Malice aforethought (premeditazione) • Force majeure (forza maggiore) • Inter alia

20. Frequent use of twinned terms: • Right and privileges (diritti) • Aid and abet (essere complice) • Whereupon and wherefore (al che) • Goods and chattels (ogni sorta di beni mobili) • Null and void (nullo)

21. Specialist vocabulary employed • Precision in the choice of appropriate words and expressions is essential • Need to avoid ambiguity

22. TODAY THINGS ARE CHANGING The goal is a simplified, universally intelligible legal English.

23. The Plain English Society runs the Plain English Campaign; this campaign is intended to reduce the amount of jargon and deliberate obfuscation that comes from specialised services. The Plain English Society (www.plainenglish.co.uk) publishes on the web the A-Z guide of legal phrases. This guide is deliberately aimed at non-lawyers and non-specialist readers who need explanations for legal phrases used by lawyers practising the law in England and Wales. The Plain English Society describes itself as 'an independent organisation fighting for crystal-clear language and against jargon, gobbledygook and other confusing language.'

24. Retiree hereby agrees to and does for himself and his heirs, executors, administrators, successors and assigns, and each of them, release, remit, remise, acquit and forever discharge Employer, all individual members of Board of Directors (past, present and future), its employees, officer, agents, successors and assigns and XYZ Company, Inc. from any and all matters of action, causes of action, grievances, rights or claims of rights, debts, dues, damages, liabilities, costs claims, controversies, demands, torts, contracts, agreements, guarantees, indebtedness, obligations, expenses, accountings, warranties and choices in action, in law or in equity, including grievances of unfair labor practices and of every nature and description whatsoever by reason of or in respect to the performance by Retiree of any extra duty assignment by Retiree whether known or unknown, suspected or unsuspected, latent or patent, or has at any time heretofore owned or held against the aforesaid parties or Board of Directors. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

25. No vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the street and without interfering with the safe operation of any traffic that may be affected by such movement.

26. By the time you read this adoption statute, the kid will be grown up If the agency determined that the petitioner is an adopted person, if the department of health informed the agency either that the file of releases does not contain a release or releases filed by one or both of the petitioner's biological parents that authorize the release of identifying information to him and does not contain a release or releases filed by any biological sibling that authorizes the release of specified information to him or that the file of releases contains at least one such release but a withdrawal of release has been filed that negates each such release, if the agency did not inform the court that it had determined that one or both of the petitioner's biological parents as indicated on the petitioner's original birth record were deceased, and if the court did not determine that one or both of the petitioner's biological parents as indicated on that record were deceased, the judge shall order that the petition remain pending until withdrawn by the petitioner and order the department of health to note its pendency in the file of releases according to the surname of the petitioner as set forth in his original birth record; shall inform the petitioner that he is an adopted person and, if known, of the county in which the adoption proceedings occurred; shall inform the petitioner that information regarding his name by birth and the identity of his biological parents and biological siblings may not be released at that time because the file of releases at that time does not contain an effective release that authorizes the release of any such information to him; and shall inform the petitioner that, upon the subsequent filing of a release by or the death of either of his biological parents, or the subsequent filing of a release by any of his biological siblings, the petition will be acted upon within thirty days of the filing in accordance with division (E) of this section.

27. Match the following Latin words with its meaning on legal English:

28. 1. A holder B vendor C landlord D proprietor 2. A still B strike C rest D halt 3. A frequent B special C seldom D quarterly 4. A offer B tender C bid D proposal 5. A testify B witness C swear D state 6 A crime B damage C tort D injury 7 A trade B dealing C export D import 8 A patron B customer C client D consumer 9 A benevolence B charity C altruism D donation 10 A credit B finance C lend D loan • 1. The (1) … of a property is the person who owns it and is also the person who receives the rent from the tenant. • 2. When the workers go on (2) … it means they stop working for a period of time, often because they want better pay or working conditions. • 3. Our business receives a statement from the bank four times a year telling us how much money we have in our bank account. This is known as a (3) … statement. • 4. In most jurisdictions in the world a contract requires both (4) … and acceptance to makeitlegal. • 5. To (5) … means to give evidence in court, usually promising to tell the truth under oath. • 6. A (6) … is a civil wrong done by one person to another therefore allowing the injured person to claim damages. • 7. An (7) … licence is permission from the authorities for a company to bring a certain type of goods into the country. • 8. A (8) … is a person who pays for the services of a lawyer. • 9. A (9) … is an organisation which tries to help people but doesn’t make a profit. • 10. A (10) … is money borrowed, often from a bank, which must be repaid.

29. Key: • Landlord • Strike • Quarterly • Offer • Testify • Tort • Import • Client • Charity • loan

30. HOMEWORK

31. Diana Williams has received this letter from a student at the school where she gave her talk. The words that have been underlined are too informal. Complete the same letter by choosing a better word or phrase from those in the box. • Dear Miss Williams • Thank you very much for the talk that you gave to our class on Tuesday. It was very interesting. I am thinking very seriously about becoming a lawyer and I hope that you can answer some questions about one or two things that were not included in your talk. • (a) in the first place, I am a little worried about the process of (b) using the civil court to staff off a legal process. I am thinking of getting a claim form and some leaflets to try to find out more, If I go to the County Court in Chatsworth, will I be allowed to pick up a claim form just to look at? Also, could you tell me a little more about (c) writing more complicated legal documents such as contracts? I am very nervous about this part of the work. My mother and father bought a new house recently and the solicitor who did the (d) real state transfer of ownership seemed to do a lot of very difficult paperwork. What happens if I make a mistake? Can the client (e) start a case in the court if I give them (f) wrong advice? • Also, you said that in the future there is going to be a lot of (g) discussing problems with someone who can help find an agreement between clients instead of going to court so often. This worries me a little. Does it mean that there will be less work for lawyers and some firms may think about making people (h) out of work? • (i) Last, you said that lawyers usually work in partnership and are rarely (j) lawyers who work alone. What will happen if I join a partnership about (k) getting the usual pay from my law firm when I am ill, or when I have a baby and I need to take (l) some time away from work to look after him or her? • Thank you in advance for your help. • Yours sincerely • Emma Soarne Mediation sick pay Firstly redundant Drafting Finally negligent issuing a claim Maternity leave conveyancing sue sole practitioners

32. Break each of the following long sentences into at least three separate sentences: • * Appellee Allied Indemnity of New York respectfully suggests that oral argument would be of little benefit because the dispositive issue has been recently authoritatively decided by the Texas Supreme Court in National Union Fire Insurance Co. v. CBI Industries, Inc., 907 S.W.2d 517 (Tex. 1995), and by this Court in Constitution State Insurance Co. v. Iso-Tex, Inc., 61 F.3d 405 (5th Cir. 1995), because the facts and legal arguments are adequately presented in the briefs and record, and because the decisional process would not be significantly aided by oral argument. [91 words] • * Although no Kansas cases were found that explicitly hold that Kansas requires a corporation to have a valid business purpose in order to engage in certain specified corporate transactions, either for mergers or consolidations, or for a sale of assets followed by a dissolution and liquidation, in a 1994 Supreme Court of Kansas case involving a cash-out merger where the dissenters claimed the defendant's board of directors breached its fiduciary duties to the dissenters, the court cited as one of the trial court's pertinent conclusions of law that it is not necessary for a corporation to show a valid corporate purpose for eliminating stockholders. [105 words] • * The court of appeals noted that the Environmental Protection Agency (EPA) had already issued the applicant a National Pollution Elimination System permit for the actual discharge of wastewater, which would occur from the outfall pipe, and that the issuance and conditions of such permits were generally exempt under the Clean Water Act from compliance with the Environmental Impact Statement (EIS) requirement, and accordingly the court concluded that the Corps had properly excluded the environmental implications of the discharges from the outfall pipe from its analysis and instead considered only the construction and maintenance of the pipeline itself in determining that the issuance of the permit did not constitute a major federal action. [112 words]

33. Homework: Guess the meaning in legal English and provide an example of the legal meaning of the following words: • appeal: • article: • consideration: • decide: • exercise: • party: • remedy: • serve: