nature of legal language
DESCRIPTION
Nature of legal languageTRANSCRIPT
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Nature of Legal Language (Specimens)
Lengthy and Complex Sentences- "The requirements that affidavits in onnosition to summary
judgment motions must recite that the material facts relied upon are true is no mere formality"
"You must never speculate to be true any insinuation suggested by a
question asked a witness."
Wordinessand S uperfl uitY-
',If the rent hereby resemed or any part thereof shall be in arrear and unpaidfor twenty-one
days afier becoming due and payabte (whether formally demanded or not) or if there shall be
any breach ofany coyenants or agreements on the part ofthe Lessee herein contained then
and in any such case it shall be lawfulfor the Lessor at an! time thereafter to re-enter upon
the demised premises or any part thereof in the name of the whole and immediately
thereupon this demise shall absolutely cease and determine but without preiudice to any
righl of action or remedy of the Lessor in respect of a'ny antecedent breach of any covenant
or agreemenl on the part of the Lessee herein contained,"Deleting the words in bold reduces
the word count while the meaning held out by the draft remains intact.
,,If the rent shall be is unpaid for twenty-one 2I days late (whether even if not formally
demanded or not) or if there shall be any breach of the tenant breal<s any other covenants on
the part of the Lessee it shall be la,wful for the Lessor lcndlord may to re-enter the premises,
ending and immediately thereupon this demise shall cease lease, but without prejuCice to any
remedy ofthe Lessor landlord inrespect offor any antecedent earlier breach ofcovenant""
Conjoined Phrases- "I give, devise and bequeath the rest, resitiue and remcinder..." or "null
and void"-
(Jnusual Sentence Syucture- The following is Rule 5 of Federal rules of civil procedure
(U.S.) titled "serving and Filing Pleadings and Other Papers"
Semice: ll/hen Required- Except as otherwise provided in these rules, every order required
by its terms to be semed, every pleading subsequent to the original complaint unless the court
otherwise orders because of numerous defendants, every paper relating lo discovery required
to be served upon a party unless the court otherwise orders, every written motion other than
one which mo-y be heard ex parte, and every written notice, appearance, demand, ofer of
judgment, designation of record on appeal, and similar paper shall be served ttpon each of
the parties. No service need be made on parties in defautt for failure to appear except that
pleadings asserting new or additional claims for relief against them shall be semed upon
them in the manner providedfor service of summons in Rule 4'
Use of multiple negatives- 'oFailure of recollection is a common experience and innocent
mlsrecollection is not rycommon"
that it is the kind of accident which ordinarily does not occur in the absence of
someone's negligence
Impersonal Constructions
Avoiding Pronouns
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8. use of passive voice - charrow and charow found 35 passives in only 44 sentences in jury
insructions, and of tr,rr. is, 2? lacked the agent. The overuses of passives in legal language
often results in inappropriate focus. rnis exam"pre is from American jurisprudence
forms:.,The aforesaid representations were false and were then and there known by defendant
to be false,,.Here the ioir, ,i*ra ue on oe ieftndant" and the fact that he knew these were
false, not upon repres;;;";, known uy trre J.irnount. Another difficult passive to be heard
and understood by jurors is this one:'No *pi*rr thereon is intended by me and none must
be Infened bY You"
Legal Archaisms- whatsoever, wheresoever, whomsoever, hereto, hereinafter, herebf ,
witnesseth
'imbibe' as an alternative of 'drink"
'inquire' rather than 'ask"
'peruse' instead of 'read',
'forthwith' as a substitution of 'right away' or 'at once' and so on
10. Jargon or argot-
I rhereafter
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! above-mentioned
aforementioned
foregoing
henceforth
i hereafter
hereby
herewith
thereof
therewith
whatsoever
whereat
wherein
whereof
!!
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ll. Use of synonyms, antonyms' homonyms
HomonYms
Action: not a physical movement but a lawsuit
Aggravation: In death penalty law, not merely som€thing that annoys you' but a reason to sentence
someone to death
Brief: A noun refening to a type of regar document, not an adjective, and despite the name' virtually
never brief.
continuance: The posrponement of proceecrings untir a rater date; if a judge continues a hearing' it
willnolcontinue,butwillstopandstartagainlater'
Party: Someone who is a part of lawsuit, which despite the name is usually not much fun. In any
event, it often refers to a single person or entity, not a group
Synonyms:
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a
a
a
a
a
a
a
a
a
a
a
a
o
a
a
a
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Rest, residue and remainder
Give, devise and bequeath
Aid and abet
Due and owingFullfaith and creditGoods and chattels
Ordered, adjudged and decreed
Mind and memory
Nulland voidPossession, custody and control
Right, title and interest
Save and exceptTrue and correctMake, publish and declare
Last Will and Testament
Able and willingEscape and evade
Use of Formal words- Oyez Ayez Oyez, ; I dc solemnly swear to speak the truth and the truth
, the whoie truth and nothing but the truih, so help me god
Legal Language as Sub language- Legal language has been called an argot, a dialect, a
register, a style, and even a separate language. In fact, it is best described I'r'ith the relatively
new term sublanguage. A subianguage has its ov"n specialized grammar, a limited subject
matter, contains a unique vocabulary which is not commonly used
Specimen Citibank's old loan form- "In the event of default in the payment of this or any
other obligation or the performance or observance of any term or covenant contained
herein or in and note or any other contract or agreement evidencing or relating to any
obligation or any collateral on the borrower's part to be performed or observed;or the
undersigned borrower shall die; or any of the undersigned becomes insolvent or make
an assignment for the benefit of creditors; or a petition hall be filed by or against any of the
undersignedunderanyprovisionofthe bankruptcy act; or any money securities or the
property of ihe undersigned now or hereafter on deposit with or in the possession or
under the control ofthe bank shall be attached or become subject to restraint proceedings
oranyorderor process of any court; or the bank shalldeem itself to be insecure, then and in
any such event, the bank shall have a right(at its option), without demand or notice of any
kind, to declare all or any part of the obligations to be immediately due anci payable,
and the bank shall have the right to exercise all the rights and remedies available to a
secured party upon default under the uniform commercial code( the "code")in effect in
new york at the time and such other rights and remedies as may otherwise be provided by
law"
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