- •Unit 1 part I:
- •The practice of law the legal system Bodies of law
- •Types of laws
- •Types of courts
- •Persons in court
- •Legal Latin
- •Legalese
- •Part II
- •A career in the law Lawyers
- •Practice areas
- •Company law: company formation and management
- •Business Organisations
- •Forming a business in the uk
- •Draft Limited Liability Partnership Bill
- •Company law: capitalisation
- •Language Focus
- •Unit 4 Company Law: fundamental changes in a company
- •Comply with dispose of enter into lodge at preside at
- •Unit 5 Contracts: contract formation
- •Intention
- •Breach enter into modify renew sign terminate
- •Between by (X 2) for hereby herein in
Legal Latin
Lawyers use Latin words and expressions when writing legal texts of every kind, from statutes to emails.
17. Read the text about Legal English and answer the questions.
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What way legal writing in English is characterized by?
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What do characteristics of legal writing include?
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What has encouraged the use of English rather than Latin in the English justice system?
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What do a number of linking terms used in older written legal texts refer to?
Legalese
Legal Language
Legal writing in English has developed over hundreds of years and is characterised by specific features, some of which can make it difficult for the non-lawyers to understand. Characteristics of legal writing include: using Latin terms; using technical terms (“subsidiarity”); using old-fashioned words not much in general use; using pair of words with reciprocal relationship (‘lessor’/’lessee’); using legal jargon (‘without prejudice to’) including the use of pairs of words (‘terms and conditions’), or triplets (‘build, erect or construct’); having special meanings for words in ordinary use (‘the judge determined the fact of the case’), where ‘determined’ means ‘decided’; using vague words (‘provide a sufficient service’); using long sentences with little punctuation; inverting word order (‘title absolute’); using capital letters to signal important or defined terms (‘the terms of the Lease…’) avoiding personal pronouns (‘you’, ‘we’, ‘I’); the specific use of the modal verb ‘shall’ to impose an obligation or duty on someone (‘The tenant shall not sub-let the whole or part of the premises.’); the use of ‘shall’ in a directory sense (‘Notice of an appeal shall be filed within 28 days.’)
There is a movement to draft legal text in standard, modern, ‘plain’ English but any change will be slow.
Note: Some legal drafters argue that the use of ‘shall’ in a directory sense is to be avoided because of confusion. Note also the general English use of ‘shall’ to refer to future intentions (‘I shall write to him’), although this use is increasingly uncommon.
Latin terms
There are many legal terms in written English legal texts, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English use (e.g. ad hoc, bona fide, pro rata, etc.). It is useful to be able to recognize their meaning and a dictionary or online glossary will help. Forms of pronunciation vary.
ad hoc – |
for this purpose |
in situ – |
in its original situation |
affidavit – |
witnessed, signed statement |
inter alia – |
among other things |
bona fide – |
in good faith |
ipso facto – |
by the fact |
caveat – |
warning |
per pro – |
on behalf of another |
de facto – |
in fact |
per se – |
by itself |
de jure – |
by right |
prima facie – |
at first sight |
et cetera (etc.) – |
and so on |
pro rata – |
in proportion |
exempli gratia (e.g.) – |
for example |
quasi – |
as if it were |
ex parte (ex p.) – |
by a party without notice |
sub judice – |
In the course of trial |
id est (i.e.) – |
that is |
ultra vires – |
beyond the power |
in camera – |
hearing a case in private |
videlicet (viz) – |
namely |
in curia – |
in open court |
|
|
Older words and modern equivalents
A number of linking terms are used in older written legal texts (case reports, legislations, court documentations, contracts, etc.) to refer to other parts of the same text, to different legal documents, or to related contexts.
the aforementioned / the foregoing – |
set out above / written above |
notwithstanding – |
despite |
the undermentioned |
set out below / written below |
thereafter – |
after that |
hereafter – |
after this – |
thereby – |
in that way / by that |
hereby – |
in this way / by this |
therein – |
in that (document) |
herein – |
in this (document) |
thereof – |
of that |
hereof – |
of this |
thereto – |
to that |
hereto – |
to this |
therewith – |
with that |
herewith – |
with this |
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18. The following excerpt is from the legal document known as an 'answer'. It was submitted to the court by the defendant. Underline the common Latin words and phrases in the text. Do you know what they mean?
The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot be determined whether the contract sued on is written, oral or implied by conduct.
The complaint alleges breach of contract as follows: 'At all times herein mentioned, plaintiffs were a part [sic] to the Construction Contract, as well as intended beneficiaries to each subcontract for the construction of the house. In light of the facts set out above, defendants, and each of them, have breached the Construction Contract.'
On its face, the claim alleges only that defendants 'breached the Construction Contract'. But LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its breach. See e.g. GSI Enterprises, Inc. v. Warner (1993). |
19. Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h).
1. ad hoc |
a thus {used after a word to indicate the original, usually incorrect, spelling or grammar in a text) |
2. et alii (et al.) |
b for example {used before one or more examples are given) |
3. et cetera (etc.) |
c for this purpose {often used as an adjective before a noun)
|
4. exempli gratia (e.g.) |
d against (versus is abbreviated to ‘v.’ in case citations, but to 'vs.’ in all other instances) |
5. id est (i.e.) |
e and others {usually used to shorten a list of people, often a list of authors, appellants or defendants) |
6. perse |
f and other things of the same kind {used to shorten a list of similar items)
|
7. sic |
g by itself {often used after a noun to indicate the thing itself) |
8. versus (vs. or v.) |
h that is {used to signal an explanation or paraphrase of a word preceding it) |
21. Match each Latin term (1-10) with its English equivalent (a-j).
1 |
de facto |
a among other things |
2 |
ipso facto |
b per year |
3 |
inter alia |
c number of shareholders or directors who have to be present at a board meeting so that it can be validly conducted |
4 |
per annum |
d in fact |
5 |
pro forma |
e of one's own right; able to exercise one's own legal rights |
6 |
pro rata |
f proportionally |
7 |
quorum |
g by that very fact itself |
8 |
sui juris |
h as a matter of form |
9 |
ultra vires |
i as follows
|
10 |
videlicet (viz.) |
j beyond the legal powers of a person or a body |