Homework Lesson 9

Homework Lesson 9

Further information on contract formation
- Informazioni generali sul concetto di contratto http://www.law.cornell.edu/wex/index.php/contracts

- Formazione del contratto nei paesi europei. http://www.kclc.or.jp/english/sympo/EUDialogue/lando.htm.

- See also http://www.jus.uio.no/lm/eu.contract.principles.part1.1995/doc for EU’s Principles of European Contract Law

Pubblica le tue osservazioni sul lavoro visionato

From ILE text book pp 78-79 Introduction to contract remedies + key terms: Types of damages

Homework Lesson 7

Language Focus pp 60-61

Extra practice Vocabulary (e.g. thereto, thereof)

Reading pp.57-59 ex. 23, 24

Lesson 6

20/10 Lesson 6
Part 1
From ILE textbook
Discuss & Check homework
Focus on Letter of advice p. 31
Introduction to Company Capitalization Reading 1 pp. 34-35 ex. 1-3

1- Words in context:
Capitalization refers to the process of raising capital for the company.
Capital includes both money and property (or money that is needed to set up and maintain a business)

How does a company raise money?
- borrowing money (loan capital) attraverso l’emissione di debentures = obbligazioni
- selling ownership rights in the company (shares)
In entrambi i casi vi è la necessità di emettere securities (legally binding certificate) = titoli
Avremmo dunque debt securities for loans and equity securities for shares


SHARES

Ordinary shares = shareholders have voting rights, but are not guaranteed dividends
Preference shares = receive fixed dividends but normally cannot vote

The maximum amount of share capital that a company can issue, stated in the Memorandum of Association is called “the authorised share capital”; instead the amount of shares actually hold by shareholders is called “Issued share capital”.

Existing shareholders have Pre-emption rights = diritto di prelazione (right of first refusal)

2- How do lawyers fit in with the study of Company law i.e. Capitalization
- work closely with their client companies before the shares are issued, to ensure the right balance between shareholder rights and responsibilities;
- advise their clients on the legal procedures for issuing, buying or selling shares;
- draft a shareholders’ agreement ( a contract among shareholders ) and a share certificates;
- advise potential shareholders before they invest in a company;
- be called on by both sides in the event of any conflict or misunderstanding between one shareholder and another, or between shareholders and the company’s management

Part 2
From Grammar book
phrasal verbs pp. 96-97; pp.108-109
Practice: Phrasal verbs in legal English

- set up the company
- take up (accept) their pre-emption rights
- set aside the election of the board of directors

Lesson 4

13/10 Lesson 4

Part one
From ILE textbook:

Focus on the language on p.18
How to describe a lawyer’s job
Works as/in
Meets with..
Plans to …..
Carries out …..
Deals with …
Assists …..
Serves as ….
Specialises in …
Represents …..
Owns ….
Argues ….

Language notes for Listening 4 p.18

A litigator= is a lawyer who specializes in litigation (=lawsuits)
Provides advocacy for her clients= she represents them in court and in similar adversarial situations.
Copyright infringement suits (cause per violazioni di copyright)= involve any alleged illegal use of copyrighted material.
Clearances of trademarks (nulla osta dei marchi)= involve checking that planned trademarks are not already owned by another party, and are not going to result in litigation.
A retainer agreement (contratto d’ingaggio)= is a written agreement between a client and a lawyer, setting out the details of their long-term relationship.
A cartel = is a group of organizations which work together to fix prices in the industry they control. In most countries, they are illegal, as they exploit consumers and distort free trade. E.g. OPEC which tries to manipulate the international price of oil.
Attorney= avvocato, procuratore
Attorney general = Uk Procuratore Generale US Ministro della Giustizia
Foreclosure (vendita forzata di beni ipotecati) = when the property owner fails to keep up with regular mortgage repayments, the lender has the right to recover the money loaned by forcing the sale of the property.

Types of legal firms:
Solo practice (solo practioner)= professionista autonomo
global firm,
small law firm (boutique),
mid-size law firm,
large law firm

pp.20-23
Introduction to Company formation and management
Concept of liability = legal responsibility in case sth goes wrong
Company (can be liable, owners are insulated from this threat
Partnership (cannot be liable while its owners are responsible for their actions)

Discussion: differences between a company and partnership, documents requested to form a company and people involved in the management.
Ex.1 Reading & comprehension
Questions to reinforce vocabulary

Focus on language: collocations

Extension exercise 2.1_ collocation

Ex 2-3: Vocabulary practice
Listening 1+ transcript
Company formation: Ex 4-6

Part 2
From Grammar book:
Revision of Modal verbs

Lesson 3

Part 1
Vocabulary revision -
Students’ work
Solicitor vs Barrister profession pp 14-18
Vocabulary: lawyer, solicitor, barrister, attorney, notary, notary public (US), corporate counsel

Extention Match vbs with noun phrases
to plead a. legal advice
to win b. research
to argue c. a case
to advise so. on sth d. companies on legal affairs
to do
to give

Parte 2
Passive p. 292
Present Perfect vs Simple Past pp. 18-23, pp. 48-51, pp. 66-67

Reading_rights to unmarried couples

from bbc news

Row over Greek unmarried couples

Archbishop Ieronimos was elected leader of the Church in February
The Greek Orthodox Church has expressed opposition to plans by the Athens government to give greater rights to unmarried couples.
The Church's governing synod said it considered all common-law marriages to be tantamount to "prostitution".


The government proposes to give common-law couples the same rights as those who have gone through legal or religious ceremonies.


It wants to harmonise Greek law to European standards.


The new law would allow unmarried couples to make their relationship legally binding, by signing a simple notarial contract.


In its statement, the Church said that the proposal constituted a "catastrophic bomb" under the foundations of Greek society.


The leader of the Church, Archbishop Ieronimos, who was elected in February, had last week refused to comment on the government's plans, saying they came under the jurisdiction of civil authorities.


But the synod has now taken a different view.


The draft legislation is also opposed by Greece's homosexual community on the basis of discrimination, as it only takes account of heterosexual couples.


Activity
1. translate into Italian the words in bold in the text
2. How far do you agree with the Government's plans to give rights to unmarried couples?

useful links:http://www.ecclesia.gr/English/Enindex.html

Modal Verbs in Legal English

Ex. 1 - Insert the right word in the sentences below.
Shall, will, must, may and can/cannot

1) I _____ probably call in at the office tomorrow.
2) The parties _____ not assign the benefit of this agreement.
3) Unfortunately this firm does not carry out that type of work. Therefore, we _____ help you.
4) The goods _____ be delivered on the agreed date.
5) _____ I have a word with you in private please?
6) The parties _____ in their discretion use an approved expert to carry out the tasks.
7) It is clear that the company _____ carry out this type of work to high standards.
8) That contract _____ be on my desk by 5pm today.
9) Our senior partner has indicated that we _____ in our discretion take further work from that organisation.
10) Someone ought to go to the bank today _____ I go or _____ you be going?


Ex. 2 Expressing obligation, possibility, necessity and duty
Choose the word or phrase from the list below which best completes each of the following sentences. The phrase in square brackets [...] will help you to decide. Choose from:
(1) shall be (2) cannot be (3) ought to (4) is entitled to (5) may (6) are bound to (7) have to be (8) need not be (9) are binding on (10) may be required (11) are not entitled to

Example: Husbands and wives ___may _____ now sue each other in contract or tort.
[It is possible] Answer: (5)

a) By the Unfair Contract Terms Act 1977 the parties to a contract _________always to limit their liability under the contract. [They do not always have the right]
b) Article 4 of the EEC Treaty provides that the functions of the Community ________ carried out by the Assembly, the Council, the Commission and the Court of Justice. [They must be]
c) In English law a valid contract _________ reduced to writing. [It is not necessary]
d) Under the Police and Criminal Evidence Act 1984 husband and wife __________ give evidence against each other in criminal cases where necessary. [They must give evidence]
e) The government __________ protect British subjects from criminals. [It has a duty]
f) A woman who stops work in order to have a baby __________ maternity pay for a period of up to 18 weeks. [She has a right to maternity pay]
g) Under English law transfers of land __________made by deed. [They must be made by deed]
h) Ec regulations are directly applicable laws which ____________ all Members States. [They must be applicable and respected]
i) A person who commits murder below the age of 18 years __________ sentenced to life imprisonment. [Its is not possible]
j) A breath test ________________when a police officer stops a car and smells alcohol on the driver’s breath [the police officer can demand it]




Keys ex. 2
are not always entitled
shall be
need not be
are bound to
ought to
is entitled to
have to be
are binding on
cannot be
may be required

Latin in Legal English

Worksheet 1.1

Put a Latin word or phrase listed below into each space.

ad hoc, de facto, e.g., et al., etc., i.e., inter alia, ipso facto,

per annum, per se, pro forma, pro rata, quorum, sic, sui juris,

ultra vires, v., viz

1 Employees may be required to participate in strategy teams, either by assignment or on an ___________ ____________ basis.
2 For tax purposes, taxable individual who hold their shares as a capital asset should treat each Special Distribution as if the company had purchased, on a __________ ___________ basis, a percentage of the shares held by each individual.
3 In affirming, the State Court of Appeals held,____________ _____________ ,that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment.
4 It is my recommendation that you obtain affidavits from potential witnesses,____________ your former colleagues,__________ .
5 Over the past five years, the value of shares in the corporation has risen by an average of 12% ____________ ____________ .
6 Relying primarily on Harris___________ Victor Finance___________ ___________, the Federal District Court concluded that the plaintiff had indeed violated the agreement.
7 She is not a lawyer____________ ___________ , but she does deal with all legal matters for her company, and is extremely well informed.
8 The following documents shall be considered and interpreted as constituting an integral part of this agreement,___________,: a) this contract form; b)the Special Conditions; c)…
9 The forthcoming election is widely seen as a _____________ ___________ referendum on the country’s continued membership of the EU.
10 The motion was not passed because a ____________ of members was not present at the meeting.
11 The plaintiff argued that the defendant had already submitted his resignation and thus he was,_____________ __________ , ineligible to be considered for promotion.
12 The plaintiff claim that the ordnance ( ____________ ) covering all such data is erroneous. Only the data which are in a form in which access or processing is practicable, ___________ print and electronic, are protected.
13 The rules governing conflict of interest do not prevent a lawyer from arbitrating or settling a dispute between two or more clients who are _________ __________ and who wish to submit the dispute to the lawyer.
14 The shareholders claimed that the directors had acted __________ _________ in
obtaining the loan, and that the shareholders were therefore not liable for its repayment.
15 The supplier sent____________ - ____________ invoices with all consignments on sale or return, and then issued a full invoice at the end of each month to take account of the units actually sold.

Lesson 2

11/10/07 Lesson 2

Parte 1
- Features of Legal English language
- Grammar revision: present simple vs present continuous
- Present continuous vs will
- Will vs present simple
- Passive – simple

Parte 2
Presentazione commenti inviati al post homework Lesson 1
From ILE: pp.8-13
Bodies of Law & types of Law (statutes, codes, ordinances, regulations, directives, acts of Parliament),
types of courts (most jurisdictions tend to have lower courts, appeals courts and high courts/supreme courts).
Clarify distinction between crown courts and magistrates’ courts (common in UK).
Person in courts (plaintiff the person who files the complaint, the defendant
Documents in court (affidavit, answer, brief, complaint, injunction, motion, notice, pleading, writ)
Latin language (practice on pronunciation)
http://en.wikipedia.org/wiki/List_of_legal_Latin_terms#Y Latin terms currently used in Legal English

Learning with You Tube

"You Tube" il più vasto videosharing disponibile sul web oggi si può utilizzare anche per scopi didattici.

Per circorscrivere il campo di ricerca offerto dallo stesso portale, ho preferito scegliere da serie televisive che riguardano o hanno riguradato processi e colloqui con avvocati.

Ne ho individuate due: la prima riguarda clip estratti dalla serie televisiva inglese “Coronation Street”.

Il processo di Tracy Barlows offre esempi di procedure processuali e formule di rito tipiche di un’aula di tribunale.
Watch out for il giuramento dell’accusato quando viene chiamato a depositare

La seconda riguarda i clip estratti dalla serie televisiva americana, “Judge Judy”.
La trasmissione ruota intorno alla figura carismatica del Giudice Judy, una personalià unica, che gestisce i suoi casi con un tocco decisamente autoritario ed indisponente, ma che assicura il divertimento del pubblico americano.

Vi propongo due dei tanti episodi.. Look out for them.

1. Una coppia madre-figlia dichiara di essere stata truffata: dopo aver speso una bella somma per un’asta su e-bay convinte di aver comprato due cellulari, si vedono recapitare a casa la stampa di una foto del suddetto cellulare. L’accusata tenta una difesa d’ufficio sostenendo che la sua asta parlava di una foto, ma viene brutalmente messa in riga dal Giudice Judy.

2. Un gestore di un negozio di lubrificanti ha una storia con una ragazza di 16 anni dalla quale riceve diverse somme di denaro per ovviare a spese che lui dice di non poter coprire. La ragazza infatuata si presta ingenuamente al prestito convinta di avere presto i suoi soldi “back”. Quando l’uomo decide di tornare da sua moglie, la giovane ragazza lo cita in giudizio chiedendo la restituzione delle somme prestate e lo accusa di aver vandalizzato la sua macchina. Giudice Judy con tono deciso aiuta l’accusa a realizzare il tranello in cui si è cacciata da sola non risparmiando la difesa dal suo tagliente giudizio: “ a loser”.

Homework
I più volenterosi potrebbero provare a scrivere qualche dialogo...

Plain English

Importance of Plain English

JUDGE: The charge here is theft of frozen chickens. Are you the defendant?
DEFENDANT: No, sir, I'm the guy who stole the chickens.

This rather funny interaction between a judge and a defendant shows how difficult legal language could be for the average person, let alone the complexity resulting from written texts.

For years and years the message coming from ordinary people has been and still is: clear communication. Since the ‘70s the plain English Movement born in America has been working to make government agencies, businesses, and professional organizations to revise their publications and to write in plain English.

Plain English Movement influenced legislation as well as education. Special laws came into effect to regulate the comprehensibility of consumer contracts. New York enacted America's first general plain language law in 1978, and several states have followed. Most states now require straightforward language in specific transactions, especially insurance policies.
Eg- subpoena is now a witness summons, an in camera hearing is now a private hearing, and a writ is now a claim form. Even the venerable term plaintiff has been replaced by claimant.

If you have an interest for the ways in which language and the law work together you can look up on the web
http://www.languageandlaw.org/TEXTS/STATS/PLAINENG.HTM

The Scottish Parliament have placed a great emphasis on drafting bills and legislation in plain English. They have in fact produced a booklet which deals with the issue in great details.
Reporting from the Scottish Parliamen website
http://www.scotland.gov.uk/Publications/2006/02/17093804/0

Chapter 1 - what is plain language? - explains what plain language is and gives some historical context to its association with the law.
Chapter 2 - drafting legislation in plain language - makes some objective observations about the interaction between the desire to use plain language and the constraints placed on the legislative drafter.
Chapter 3 - international comparisons - describes steps which legislative drafters in other countries have taken to enhance the clarity and accessibility of legislation.
Chapter 4 - plain language techniques - gives some examples of techniques currently associated with plain language drafting.


There is also an interesting article "Progetto Chiaro and the Plain Language Movement" by Prof. Christopher Williams, published in Clarity, which illustrates the situation of plain language in Italy. He claims that it is the language of public administration in need of being revised rather than the proper legal Italian language.
http://www.clarity-international.net/journals/53.pdf


Here are some advances on how to write in plain English, included in How to Write Good Legal Stuff[1] by Eugene Volokh, and J. Alexander Tanford.

While we read what is considerd bad legal English cover the part related to good writers and try to guess how you could change the sentences in “good English

10. Using passive rather than active voice
Bad legal writers use passive voice
"the ruling was made by the judge" "the complaint was filed by the plaintiff" "it was held that..."
Good writers use the active voice
"the judge ruled""the plaintiff filed a complaint" "the court held..."

Exception. Passive voice should be used only when you do not know the actor, or when the result is important.
"the documents were mysteriously destroyed." (actor unknown)"bill clinton was elected anyway" (result important)

9. Nominalizations
Bad legal writers turn verbs into nouns
"reached a conclusion""granted a continuance""involved in a collision" "take action"
Good writers just use the first verb
"concluded""continued""collided""act"

8. Fear of calling things by their names
Bad legal writers are afraid to call things by name
The plaintiff, the defendant, the day in question, the scene of the accident, her place of employment
Good writers give their characters names
Susan Jones, Michael fitzhugh, June 3rd, in the parking lot, pizza hut


7. Verbosity
Bad legal writers use run-on sentences containing numerous qualifying phrases
"the court in chester v. Morris, a case involving a similar traffic accident, held that a person riding a bicycle must adhere to the same standards as a person driving a car, although it limited its holding to the facts of that case, which included the fact that the bicyclist was intoxicated.

Good writers use several short sentences
chester v. Morris involved a similar traffic accident. The court held that a bicyclist must adhere to the same standards as a person driving a car. The opinion is limited to situations in which the bicyclist is intoxicated.

6. Qualifying phrases
Bad legal writers put qualifying phrases in the middle of sentences
"the court, although it limited its holding, held that a bicyclist must adhere to traffic rules" "the court has, although with limits, held that a bicyclist must adhere to traffic rules" "the court held, although with limits, that a bicyclist must adhere to traffic rules"
Good writers put qualifying phrases at the end of sentences or eliminate them altogether
"the court held that a bicyclist must adhere to traffic rules, although it limited its holding ..." "the court held that a bicyclist must adhere to traffic rules"

5. Redundancy
Bad legal writers list every known
"every town, city, or village""cease and desist" "give, devise and bequeath""null and void"
Good writers use a single word
"every municipality""stop""give" "void"

4. Meaningless adverbs used in a vain effort to make a weak point appear stronger
Bad legal writers use meaningless adverbs
Chester v. Morris clearly held that bicyclists must adhere to the rules of the road. The fact that he was drunk is extremely important the holding is very narrow. It is really important that he was not wearing a helmet. He was undoubtedly drunk. It is manifestly obvious that
Good writers diligently avoid useless adverbs
Chester v. Morris held that bicyclists must adhere to the rules of the road. The fact that he was drunk is important the holding is narrow. It is important that he was not wearing a helmet. He was drunk. It is obvious that drunken bicyclists are dangerous
3. Meaningless weasel words used because you're afraid to take a position
Bad legal writers have a fear of being wrong and use weasel words

Alleged, maybe, quite possibly, at best/at least, might be, seems to, appears to, perhaps, so-called, implicates, probably, tends to


2. Double negatives
Bad legal writer use double negatives
"not uncommon" "failed to show inability" "not insignificant" "not uncomplicated" "no small part" "not incapable" "not inappropriate"
Good writers use single positives
"common""showed ability""significant""complicated""large part""capable""appropriate"

1. Phrases with absolutely no meaning whatsoever
And the clearest sign of the bad legal writer is the use of totally meaningless (and usually pompous) phrases
"I would like to point out that chester v, morris was overruled" "I would argue that chester v. Morris is not applicable.""it should be noted that chester v. Morris was decided before the statute was amended.""evidence that the defendant was drunk does not operate to remove the issue of contributory negligence""despite the fact that the defendant was drunk, he operated his bicycle carefully." "in fact, he should be commended.""during the course of his ride, he never fell off his bicycle""it has been determined that he was wearing his helmet.""it is obvious that a drunken bicyclist is a danger on crowded streets." "it is clear that he had the right of way. He was clearly justified in crossing the street"

Good writers omit them
"chester v, morris was overruled""chester v. Morris is not applicable.""chester v. Morris was decided before the statute was amended.""evidence that the defendant was drunk does not remove the issue of contributory negligence""despite the defendant's drunkenness, he operated his bicycle carefully." "he should be commended.""during his ride, he never fell off his bicycle""he was wearing his helmet.""a drunken bicyclist is a danger on crowded streets." "he had the right of way. He was justified in crossing the street"
[1] Eugene Volokh, J. Alexander Tanford, How to Write Good Legal Stuff, Indiana Univ – Bloomington, 2001

Features of Legal English_Practice

Read the following texts, and decide what features are there typical of legal English

Charter Of Fundamental Rights Of The European Union
PREAMBLE
The peoples of Europe, in creating [………….], are resolved to share a [….]
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of […………]
The Union contributes to […………………….]
To this end, it is necessary to […………………….]
This Charter reaffirms, with due regard for[…………………….]

CHAPTER I DIGNITY
Article 1 Human dignity
Human dignity is inviolable. It must be respected and protected.
Article 2 Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
CHAPTER III EQUALITY
Article 22 Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.
Article 24 The rights of the child
1. Children shall have the right to such protection and care as is necessary for their well-being.
CHAPTER V CITIZENS' RIGHTS
Article 39
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.
CHAPTER VI JUSTICE
Article 48 Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
CHAPTER VII GENERAL PROVISIONS
Article 54 Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.


Act Establishing the Coronation Oath, 1689 in Great Britain

Whereas by the law and ancient usage of this Realm, the Kings and Queens thereof have taken a solemn oath upon the Evangelists at their respective coronations, to maintain the statutes, laws, and customs of the said Realm, and all the people and inhabitants thereof, in their spiritual and civil rights and properties: but forasmuch as the oath itself on such occasion administered, hath heretofore been framed in doubtful words and expressions, with relation to ancient laws and constitutions at this time unknown: to the end therefore that one uniform oath may be in all times to come taken by the Kings and Queens of this Realm, and to them respectively administered at the times of their and every of their coronation: may it please your Majesties that it may be enacted: [……………..]

General Conditions
The Party TSOLUTIONS International Language Programmes TS (hereinafter called TSOLUTIONS), registered office is VIALE BERLINGUER 16 BERNALDA MT ITALY, organises and acts as LANGUAGE CONSULTANT for overseas bodies who offer and supply students and others with tuition and accommodation for language courses in the countries concerned, and may arrange insurance for students. TSOLUTIONS as LANGUAGE CONSULTANT effect all bookings and reservation for students unless notified to the contrary, and they may, at their discretion, intercede without charge on behalf of students who become in dispute with any persons or bodies in connection with any matters arising provided however TSOLUTIONS shall not therefore be liable or become liable in any way in connection with any such matter nor does it vouch for [….].
[….. ] All bookings are subject to the terms and conditions of the school, Travel Operator or other Principal and are their responsibility.
"The student" means a person or persons who have signed the application form for such a language course (or if under age a parent or person in loco parentis of such person or persons).
In consideration of the price agreed to be paid for its principal courses and accommodation as set out on the enrolment form the following terms and conditions shall apply as between the parties.
Article 1 This agreement
1. This agreement is legally binding when the enrolment form is completed and signed by the student and accepted by TSOLUTIONS or if effect by telephone when the registration form has been completed by TSOLUTIONS with the insertion of the student's passport details AND/OR after TSOLUTIONS have received the agreed deposit.
2. The specific written approval of TSOLUTIONS is required for any [..].
3. The Laws of Italy shall apply to this agreement.

Article 2 […………]

Language School Terms and Conditions
[…………] Visas
Students should contact their local Embassy, Consulate or High Commission to ensure they are allowed to enter and study in their chosen country.
For students wishing to study in the USA, Embassy CES is authorised under Federal Law to enrol nonimmigrant students. Proof of sufficient funds to meet tuition and living expenses must be sent with the Enrolment Form in order for us to issue the I-20 form:
A current bank statement or a letter from your bank
A letter guaranteeing support from your parent or employer or sponsor
A notarised affidavit of support
In the UK no visa support documentation will be provided until all fees have been received.



Last Will And Testament of Elvis Presley Recorded August 22, 1977
I, Elvis A. Presley, a resident and citizen of Shelby County, Tennessee, being of sound mind and disposing memory, do hereby make, publish and declare this instrument to be my last will and testament, hereby revoking any and all wills and codicils by me at any time heretofore made.
Item I Debts, Expenses and Taxes
I direct my Executor, hereinafter named, to pay all of my matured debts and my funeral expenses, as well as the costs and expenses of the administration of my estate, as soon after my death as practicable…
Item II Instruction Concerning Personal Property: Enjoyment in Specie
[…………]
I hereby expressly authorize my Executor and my Trustee, respectively and successively, to permit any beneficiary of any and all trusts created hereunder to enjoy in specie the use or benefit of any household goods, chattels, or other tangible personal property (exclusive of choses in action, cash, stocks, bonds or other securities) which either my Executor or my Trustees may receive in kind, and my Executor and my Trustees shall not be liable for any consumption, damage, injury to or loss of any tangible property so used, nor shall the beneficiaries of any trusts hereunder or their executors of administrators be liable for any consumption, damage, injury to or loss of any tangible personal property so used.


Notice Of Appeal Of Plaintiff Paula Jones filed April 28, 1998.
PAULA JONES, Plaintiff, v. WILLIAM JEFFERSON CLINTON and DANNY FERGUSON, Defendants.
CIVIL ACTION NO. LR-C-94-290 Judge Susan Webber Wright
Notice is hereby given that Paula Jones, plaintiff in the above-named case, hereby appeals the United States Court of Appeals for the Eighth Circuit from the Judgment and the Memorandum Opinion and Order signed and entered in this action on April 1, 1998, and from all interlocutory orders merged into that judgement, including, without being limited to, the following: the Memorandum Opinion and Order signed and entered in this action on August 22, 1997; the Order signed and entered in this action on September 9, 1997; the Order signed and entered in this action on November 24, 1997; and the Order signed and entered in this action on January 29, 1998.

Features of Legal English

Here are some of the many features linguists over the years have come up with:

Written Legal English is characterised by the following features:

- Long, complex sentences rich in qualificazional insertions which often create syntactic discontinuity

- tendency to be wordy, unclear, pompous and dull
Wordiness of legal language:
“ Now therefore, in consideration of the premises, and re-presentations, warranties, covenants and undertakings for the parties hereinafter set forth, and for other good and valuable considerations, the parties agree among themselves as follows”

- only complete major sentences: eg. statements, no question, occasional commands

- preference for repetiontion rather than subtitution with pronoun references

- Frequent use of passive
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.[1]
Full fees must be paid before visa documentation is issued. Students may not start their course unless full payment has been received.[2]

- Legal sentences have an underlying logical structure: "if X, then Z shall be (do) Y" - "if X" = conditional/ concessive adverbial clauses: on the expiration ....../ subject to./ on conditions that, in accordance with, in compliance with, for the purpose of

- Preference for nouns rather than verbs reached a conclusion" rather than "concluded"; "granted a continuance" rather than "continued"; "involved in a collision" rather than "collided: "take action" rather than "act"

- Verbal groups are of the type: modal auxiliary (shall) + be + past participle : shall is used to express what is to be the obligatory consequence of a legal decision, and not simply as a marker of future tense.

- Preference for archaic words and phrases: eg: duly, deemed, expiration, terminated (words); term of years, upon the death of (collocations); made and signed, terms and conditions, able and willing (synonyms are coordinated) “thereupon he handed in his resignation”

- A large number of French words, eg: proposal, effect, society, asurance, insured, schedule, duly, signed, agreeing, policy, subject, rules, form, terms, conditions, date, entrace, accepted, agreement, judgement, pleadings, defendant, appeal, attorneys

- Frequent use of Latin words: bais, declaration, registered, stated, part, inter alia, ex parte (on behalf of), ratio legis (the reason for/the principle behind), habeas corpus, alibi, bona fide, quorum, nolo contendere, sui juris;

- Predominace of an impersonal style of writing by using passive forms and starting the sentence (typical of legislative text) with everyone, every person or no one, no person[3]

Everyone who has been charged shall be presumed innocent until proved guilty according to law.

No one shall be held guilty of any criminal [....]

- Use of doublets and triplets. Tendency to string together two or three words to convey what is usually a single legal concept, e.g. null and void, fit and proper, perform and discharge, dispute, controversy or claim, and promise, agree and covenant.

- Use of phrasal verbs. Phrasal verbs play a large role in legal English, and are often used in a quasi-technical sense, e.g. parties enter into contracts, put down deposits, serve [documents] upon other parties, write off debts, and so on.

- Frequent use of formal words and expressions[4]
Approach the bench instead of come here
The deceased and decedent
Arrested in flagrante delicto instead of caught in the act
In court: Your honour ……, may it please the court
In contracts: whereas ….., time is of the essence … , from the beginning of the world
In court, during an oath: “I do solemnly swear that I will faithfully execute the office of President of the United States

For those who have a deeper interest in the subject, look at Peter Tiersma's professional web page http://www.languageandlaw.org/. He is a professor of law at Loyola Law school in Los Angeles with a real passion for language and law and lots of works being published on the subject.

[1] Article 4 of the Charter of Foundamental Rights of the EU, Nizza 2000
[2] Section on Tuition & Accommdation fees from a School of English Terms and Conditions
[3] Article 48-49 of the Charter of Foundamental Rights of the EU, Nizza 2000

[4] G. Garzone, R. Salvi, Legal English, Egea, 2007, p.12

What is "legal English"

What is legal English?

We could attempt to define legal English discourse as a language made up of several kinds of registers ranging from the spoken to the written language

SPOKEN LANGUAGE

• Courtroom proceedings eg. - instructions given to jury members, - cross examination:
• Counsel to witness
• Counsel to defendant/claimant
• Arbitration Proceedings
• Lawyer-client interviews
• Lawyer to lay person
• Lawyer to lawyer interactions eg. - advising, negotionating
• Lectures/seminars on law or legal topics

WRITTEN LANGUAGE

• Contracts /Agreements/Covenants
• Guarantees & Warranties
• Wills
• Licences/Permits
• Visas
• Treaties
• Acts/Statutes
• E.U. Directives
• Regulations
• Case reports
• Writs/Claims
• Subpoena/Summons
• Pleadings/Petitions
• Academic essays/Books about law
• Exam answers on legal questions
• Articles about legal issues
  

If you look up on wikipedia you will find a lot more details, though not exhaustive they will help you have a better understanding of what we mean by legal English.

The author goes from the definition of the word to its historical development, including its features and some information about the legal education.

For those who have a deeper interest in the subject, look at Peter Tiersma's professional web page http://www.languageandlaw.org/. He is a professor of law at Loyola Law school in Los Angeles with a real passion for language and law and lots of works being published on the subject.. Here you will find not only a well presented history of legal English language with its linguistic features but also a lot of good example of old prescriptive texts, as well as updated information on forensic linguistics which can greatly contribute to enriching knoweledge about this greatly discussed subject area.