LE} Legalese AY Legal language Legal writing in English has developed over huacreds of years and is characterised by specific fearures, some of which can make it difficult for the non-lawyer ro understand, Characteristics of legal writing include: using Latin terms (see cext B below); using techaical terms (‘subsidiarity’ ~ sce Unit 8}, using old-fashioned words not much ia general use (sec text C below); using pairs of words wich a reciprocal relationship (‘lessar*flessee” — see Unit 394; using legal jargon (‘without prejudice to”) including the use of pairs of words (‘erms and conditions’), or triplets (‘build, crect or construct’); having special meanings for words in ordinary use (‘the judge determined the facts of the case’, where ‘determined? means ‘decided’), using vague words (‘provide a sufficient | secvice’l; using long sentences with litle punctuation; inverting word order (title absolute’); using capital lerers to signal important or defined terms (‘the terms of the Lease...) avoiding personal pronouns (‘yau’, ‘we’, ‘T’); the specific use of the modal verh ‘shall’ to impose an obligation or ducy | on someone (The tenant shall not sub-ler the whole or part of the premises." the use of “shall in a directory sease (‘Notice of aa appeal shall be filed within 28 days.’ There is a movement to draft iegal text in standard, modern, ‘plain’ English bor 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 (1 shall write to hin}, although this use is increasingly uncommon Latin terms Thete are many Latin terms in written Finglish legal text, although recent reforms in the English justice system have encouragedl the use of English rather than Latin. Some Latin terms are used so frequently that they are in genczal English use (ea, ad hoe, bona fide, pro rata, ete). Iris useful to be able ta recognise their meaning and a dicnemary ar online | lossary will kelp. Forms of pronunciation vary. ad hoe — for this purpose affidavit - wimessed, signed statement bona fide — in yood faith caveat ~ warning in situ ~ in its original situation mer alia — among other things ipso facto ~ hy the fact per pro - on bchalf of another de facto - in fact per se— hy itself dc jure by right prima facie ~ at Bcst sight i et cetera (etc.} - and so on pro rata ~ in proportion 42 ‘exempli gratia (e-g,] — for example ex parte (ex p.) ~ by a party without notice id est (ie.}— that is in camera ~ hearing a case in) privare quasi — as if it were sub judice ~ in the course of trial ultra vires ~ beyond the power videlicer (viz} ~ namely in curia ~ in open court Older words and modern equivalents A number of linking cerms are wsed in older written legal texts (ease reports, legislation, court documentation, contracts, etc.) to refer fo ocher parts of the same rexc, co different legal documents, or te related contexts, the aforementioned / the foregoing ~ set cut above / written above notwithstanding — despire the ondermenrioned — set out below / written below thereafter — after tac hereafter - after this thereby — in that way / by that hereby ~ in this way / by this therein ~ in chat (document) herein — in this (document) thereof - of that hereof — of this thereto = to that hereto - to this therewith — with thar herewith — wich this Professionat English in Use Law18.1 18.2 Underline the characteristic features of legal writing mentioned in A opposite (for example, using old words) in the following consumer contract terms (1-3). Then complete the revised versions in plain terms (ac) with appropriate words (or forms of words) from the original terms (13). Pay attention to the grammatical context. | ris Wejcornenitcare ts Bevienia end advertagen teen’ B® : isnot contained are personal to each Mamber and shail nat be f transferable. sold, assigned or transferred by the Member. ' At me 2 b Lessor shall not be liable for loss of or damage to any property ff We ate OM nnn Jef, stored, or trassported by Hirer or any other person i fer ‘or damage oF upon Vehicle ether before or after the return thereof to bt left in the Lessor. Hirer hereby agrees to hold Lessor harmiess from, and 7 if the loss or indemnify Lessor against all claims based on or arising out of damage so from suclt loss or damage unless caused by the negligence oF Lessor [out We shall retain ownership ofthe sn UM Title to property in the goods shall remain vested in the Company (notwithstanding the delivery ofthe same to the Customer) until the price of the Goods comprised in the contract and all other you have finished ‘money due from the Customer to the Company on ary other | 4 for them, ‘account has been paid in ful E aiuieaaieilenads Match the sentences containing Latin terms (1-7) with the sentences which have similar nicaning, (ag). Look at B opposite to help you 1 There is a prima facie case ro answer a They acted ina way which was beyond their 2 They have entered a caveat, legitimate powers. 3 Their action was ultsa vires. b An application for an injunction was made to 4 The newspapers cannot report derails the court by one party and no notice was given of the case because it is sub judice to the other party. 5 Anex parte application was lodged at The case was heard in private, with no members the court, of the public present. © The court sit a Gamera. a “They have warned us they have an interest in 7 An ad hoc commirree was formed. the case, so they will need notice before we take any further steps. ¢ A committee was set up for the particular purpose of investigating the issue f The action should proceed hecause one side has shown there seems ro be suffi g The ease cannot be mentioned in the media if it is likely to prejudice court proceedings nt evidence, lo San volo we Re Re enc ence on Cee Tamed Oe Ce esa ORR Professional English in Use Low 43