Questions about the strange language of legalese.

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1answer
41 views

Showing possession when the noun is defined by a word in parentheses

Document Title: Plaintiff's Interrogatories to Defendant There are multiple plaintiffs. We typically define the plaintiff as, "Plaintiffs (Smith) want to object...etc." and this particular plaintiff ...
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2answers
49 views

“About which” in legal English

How can I say "about which" in legal English (using some word akin to "herein" and "therewith")? For example, I would like to say "John Smith was born on April 1, about which there was made a record," ...
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3answers
97 views

Why does the police use “K-9 Unit” instead of “dog”?

Throughout North America, I keep seeing police cars labeled "K-9 unit". I know "K-9" is a homophone of "canine", but why don't they just use "Police dog"?
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1answer
38 views

A person or entity that decides how an obligation should be fulfilled

Let's say that I caused some nasty accident and someone was hurt and a judge told me that I have an obligation to amend their damage somehow. However, some other person (or entity) will decide how ...
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1answer
25 views

use of distainer office, distrainment proceedings, etc

Is "distainer office, distrainment proceedings, distrain order, ..." correct? Even this spell checker highlights these words as incorrect. Some translations use execution office, executor's office, ...
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1answer
55 views

What does “further embodiment” mean?

I am reading a legal paper and I see this "further embodiment" a lot. I wonder what it means? Thank you
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1answer
100 views

What does “draw something within something” mean? [closed]

From page 228 of Thinking Like a Lawyer by Frederick Schauer: The law is presumed unconstitutional, but the state may rebut that presumption by satisfying a heavy burden of justification. ...
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1answer
61 views

What does “which” refer to in “in respect to which”? [closed]

From footnote 34 on page 216 of Thinking Like a Lawyer by Frederick Schauer:  . . . it is accepted that individuals have due-process rights to notice and hearing [//] with respect to ...
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3answers
79 views

How to parse these two long (subordinate) clauses connected with 'that'? [closed]

From footnote 8 on page 205 of Thinking Like a Lawyer by Frederick Schauer: Supplemented context: There are, of course, controversies about and challenges to these venerable distinctions as ...
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1answer
119 views

What’s difference between “in” + VERBing compared with just plain VERBing alone?

In the following example from page 145 of Frederick Schauer’s Thinking Like a Lawyer, what would differ if the sentence were to start with Being instead of In being? In being an empirical ...
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1answer
83 views

Why isn’t “him that is” instead “him who is” in this passage from the 1500s? [closed]

From page 123 of Frederick Schauer’s Thinking Like a Lawyer: As long ago as the sixteenth century, Lord Selden observed that . . . Equity is according to the conscience of him that ...
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1answer
59 views

What’s the meaning of “purchase” in “the purchase for changing a rule”?

On page 118 of Thinking Like a Lawyer by Frederick Schauer, I found this passage: If the purchase for changing a rule[,] is a perception of what the optimal result would be in the absence of the ...
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1answer
89 views

What does “so” mean in “the analogy, so the skeptics insist, did not determine the result”? [closed]

From page 97 of Frederick Schauer’s Thinking Like a Lawyer: Deciding the Skokie case involving the American Nazi Party in 1977, therefore, was simply a matter of applying the rule set forth in ...
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1answer
40 views

Is ”what there is a reason to do” a valid construct?

From page 76 of Frederick Schauer’s Thinking Like a Lawyer: What there is a reason to do is different from what should be done, all things considered, just as what there is a right to do is ...
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2answers
71 views

“What about” vs. ”what of”

Example from page 75 of Frederick Schauer’s Thinking Like a Lawyer: But what of mandatory authorities? Are they as “binding” as the traditional terminology suggests? The answer depends on what ...
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1answer
101 views

Use of brackets in legal writing

I see in legal writing the use of double brackets in a quote to indicate part of the quote is deleted, such as: "All work [] makes Johnny a very dull boy." I thought the correct way to do this quote ...
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2answers
105 views

Grammatical Voice Problem [closed]

"Can security be granted by an entity which is neither a borrower nor a guarantor? Yes, The third party may be granted if . . ..“ I don't understand what this sentence means. Who grants whom? To my ...
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3answers
96 views

What does “over” mean here?

"All assets could be pledged except for pledges over a going concern (gages sur fonds de commerce), Luxembourg law doesn't provide for an all assets security." Could someone explain this sentence? ...
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0answers
74 views

What’s the difference between “cite” and “cite to”? [closed]

From page 69 of Frederick Shauer’s Thinking Like a Lawyer: A New York state court may cite to a case decided in Vermont . . . The courts are not even required to cite to these “authorities,” let ...
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0answers
67 views

Which does “substantive'” mean? [closed]

From pages 63–64 of Fredirick Schauer’s Thinking Like a Lawyer: I eat spinach because it is good for me. Judge Cardozo decided the way he did ... because he thought that outcome fairer and ...
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0answers
98 views

“Recover against” vs. “recover from” [closed]

From page 53 of Frederick Schauer’s Thinking Like a Lawyer: If Judge Cardozo had said, “We hold that in all cases involving a nonbusiness consumer and a manufacturer of goods, the consumer may ...
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1answer
36 views

Right meanings of 'form'?

When legal decision-makers like Justice Peckham, who are actually ... making a policy or political choice act as if there were no choice to be made—when they treat a policy choice as simply ...
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1answer
66 views

disputant vs disputer

Any differences in meaning? The dictionary doesn't explain. Google Ngrams This dispute between the king and the estate of William Bankes, owner of coastal land including Corfe Castle, concerned ...
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2answers
68 views

What does the term “nonrecourse deduction” mean?

What does the term: nonrecourse deduction(s) mean? In legal documents I have seen the term nonrecourse deduction(s) used as it pertains to taxation and other economic factors. It is not clear to me ...
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1answer
63 views

“Damage to the undercarriage; damage caused by water”

Does this phrase mean that damages to the undercarriage caused by water is not covered, OR does it mean damage to the undercarriage is not covered regardless of the cause, and that damage to the ...
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2answers
59 views

What kind of structure with a relative pronoun is this?

As Lord Esher once noted, ‘Any proposition the result of which would be to show that the common law of England is wholly unreasonable and unjust cannot be part of the common law of England.’ ...
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3answers
112 views

'The Constitution Is Not A Suicide Pact'

Would someone please explain why this means: that civil liberties only go so far, and at extremes, security must take precedence ? I tried to reference a suicide pact and more context here, ...
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2answers
70 views

Meaning of “cold finality”

In an American case in 1937, Justice Clarkson said this before delivering his dissent: In those after years when this case, elevated to high authority by the cold finality of the ...
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2answers
44 views

Meaning of 'duty' here [closed]

His case, though, was rejected by the Court of Appeal, which suggested that practical and policy reasons militated against allowing him to recover damages. Lord Justice Stuart-Smith said: ...
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1answer
146 views

Is this use of 'such as' correct?

Later in 1991, the Court of Appeal dismissed all the claims on the ground that, apart from rescuers, only parents and spouses could claim and that ‘a perception through the broadcast of ...
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2answers
63 views

Question on “subject to being disproved by the person accused” [closed]

The appeal court said that in criminal cases where it is necessary for the prosecution to prove intention, they must always do just that. Intention can never be presumed, subject to being ...
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2answers
52 views

'pray to someone' vs 'pray someone'

What are the similarities and differences? I had always believed in the first, that 'pray' admits only an indirect object. Yet Google Ngram refutes this. For example, does the following admit of ...
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2answers
33 views

Term for varies with jurisdiction

Is there a term for the concept of homo/heterogeneity of jurisdictions when it comes to legal status of a certain action? That is being illegal in all jurisdictions [limited to context] or being legal ...
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0answers
50 views

1607 writ by Edward Coke - Relative pronouns? [duplicate]

(Sir Edward) Coke further noted that legal disputes about such matters as inheritance of goods: are not to be decided by natural reason but by the artificial reason and judgment of ...
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2answers
84 views

Can I use “contend” without a preposition?

On the one hand, recent advances in the power of computers have been decried as the nemesis of whatever vestiges of our privacy still survive. On the other, the Internet is acclaimed as a Utopia. ...
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3answers
85 views

Meaning - 'the sword and the purse'

Because it lacks the legitimacy and accountability that come with election and the power that derives from the sword and the purse, the Supreme Court’s authority rests on public acceptance of its ...
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1answer
56 views

“vest” as a phrasal verb

Rather than memorising the definitions, how could I intuit and rationalise them: vest in somebody/something = to belong to somebody/something legally. vest something in somebody = to give somebody ...
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3answers
77 views

Placing the object of an infinitive before it instead of after it

At the beginning of 1807, based on information gathered from Burr’s correspondence allegedly showing that he had begun preparations for a large-scale military expedition, the former vice ...
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0answers
37 views

Meaning of grave in graver trusts [closed]

Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day. This court was not created by the ...
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0answers
56 views

“issue” as an intransitive verb [closed]

The place of confinement would not be different, since in those days the dangerously insane in the District of Columbia were confined in the same jail as indicted criminals. (There was no ...
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1answer
56 views

Intuition - “to enjoin”

Would someone please explain the etymology or the intuition behind this verb? I'm aware of the etymological fallacy, but still want to intuit its definition.
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1answer
105 views

how to say “etc” in a subject

I am translating some legal certificate and I need to indicate that a construction method and related factors are in accordance with a law. I am not sure what is the appropriate way to describe ...
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5answers
198 views

Word for biased interpretation of the law?

When a law is misinterpreted and enforced by a "power class" in a social hierarchy, and the stated justification has no basis even in the laws to which to the justification makes reference, is there a ...
4
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2answers
59 views

Why is common law referred to as “at common law”?

While researching the differences between modern penal codes with common law I noticed that in many places it is written as at common law. An example is, "A crime at common law defined as unlawful ...
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4answers
257 views

What is the adjective for “supersedure” or “primacy”?

Is there an adjective that can express the concept of a law that supersedes other laws? I would prefer a single adjective that has legal connotations, although a present participle will suffice. The ...
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4answers
88 views

Better alternative for “even after”?

I have the following sentence in a legal document: The terms shall remain in force even after the Warranty obligation, as specified in article 1, ends. Is there a better way of expressing "even ...
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3answers
2k views

Correct use of “hereby”

Does the following sentence make correct use of hereby? The total amount specified in "Appendix 3 Price Breakdown and Payment Plan" attached to hereby Sub-Contract. Should I say attached to ...
2
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1answer
92 views

Adjectives to describe a legal system that has a number of limitations

Im finding an adjective describing a judicial system that has many limitations like the system has lax regulations and sanctions are not harsh enough. Looking forward to your replies.
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2answers
60 views

“retain the title” in legal terms [closed]

Here is another question from me while making efforts to translate a wordy document. Please read the paragraph as follows: Mr. Justice Holmes stated in dissent: "If [the manufacturer] should make the ...
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1answer
46 views

the first case … is the court's decision

As I have said many times, I'm translating some wordy document, and here is another sentence that need shedding some light on: Thus the first case cited by the Court in Schwinn for the proposition ...