Questions about the strange language of legalese.

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24 views

Do “ensure” and “assure” invoke legal obligations?

Not sure where else to put this as I did not see a StackExchange for legal questions. Will gladly remove if someone can suggest a more appropriate place. We are submitting a proposal in response to ...
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0answers
24 views

How to rationalise the legal definition of 'to procure'?

How can I resolve the contradictions below? What's the right derivation? I already understand and so ask NOT about the definition, below which I want to burrow. I heed the Etymological Fallacy. ...
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4answers
147 views

What do you call a document that doesn't need a signature?

Is there a term describing a document that doesn't need to be signed in order to be valid? Edit after several answers and comments: An electronic banking system can generate documents for a user to ...
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1answer
30 views

What a pronoun should one use: “you” or “yours”? [duplicate]

This document sets out the rights and responsibilities of [you || yours], the Company, and the concerned third parties. If "the Client's rights" can be rephrased to "the rights of Client", then, ...
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1answer
115 views

Is there the term “majour fource” in English? [closed]

A person from the legal department replaced "major force" with "majour fource" in a document. I wanna know if this spelling has any background in the English language or is a typo.
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2answers
96 views

Meaning of Without Prejudice [closed]

What does the term "without prejudice" mean in a legal sense (ie near your signature or credentials on a document or contract - binding or not) as opposed to the non-legal meaning? EDIT: Just ...
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1answer
83 views

What does “Payment with return”?

I'm just working on translating document from English to Polish. The document is called "Account Transcript" and it is from US Internal Revenue Service. Transactions table at the bottom contain ...
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1answer
70 views

Who is a “person who makes notary action”?

A notary is a person who certifies documents. Who is "a person who makes notary action"? Is that the notary or the customer who asked for his documents to be certified? I got this phrase from a local ...
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6answers
81 views

A general term for standards, legislation, handbooks, etc.?

What is a general word or phrase that could encompass the class of documents called standards (i.e. ISO, ANSI, BS, etc.), legislation, laws, handbooks, style guides, manuals, etc.? Basically, all ...
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1answer
390 views

What's the term/word for a legal case without merit?

What's the term/word for a legal case without merit? There's something more technical than "fraudulent" or "groundless"... can't pinpoint it.
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1answer
141 views

This long sentence is ambiguous, and difficult for me to understand [closed]

I got this sentence Property value litigation is no different than any other type of litigation where experts are used in that expert opinions are fair game for attack by the opposing side in ...
2
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2answers
123 views

“right of say” — legal term? poor translation?

I'm looking at a political document where Country A is saying Country B has no right of say over Area C. A cursory search did not turn up a legal term but I do not have an adequate legal dictionary ...
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1answer
66 views

What does commute/commutation mean in this context?

I am trying to understand the following sentence from a legal document. Can anyone explain me what 'commutation' means? Immovable property presently sold is free and clear of all seigniorial ...
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2answers
61 views

Notarial Deed Translation from Canadian English

I have to translate an English document from Quebec into Polish language. However, there is one sentence that I cannot understand: As the whole now subsists with all its rights members and ...
2
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2answers
114 views

Etymology of legal meaning of 'dispositive'

Since Prof. Eugene Volokh has observed its counterintuitiveness, what's an intuitive derivation? Prof. Eugene Volokh: One way of remembering this is by looking at the stem, which turns out to be ...
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1answer
31 views

Meaning of 'action' - 1884 UK

Source: p 115, The Law of Contract, 5 ed (2012), by O’Sullivan and Hilliard Lord Blackburn was even more troubled by the result [in Pinnel's Case (1602)], tantalisingly hinting that he had ...
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1answer
42 views

Archaic meaning of 'procure' - 1615 UK

Source: p 105, The Law of Contract, 5 ed (2012), by O’Sullivan and Hilliard It is encapsulated in the difficult seventeenth-century language of Lampleigh v Braithwait (1615): A mere ...
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3answers
84 views

Figurative meaning of 'suit' - 1615 UK?

Source: p 105, The Law of Contract, 5 ed (2012), by O’Sullivan and Hilliard It is encapsulated in the difficult seventeenth-century language of Lampleigh v Braithwait (1615): A mere ...
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4answers
195 views

Is the § character recognizable as an icon for legal matters in English speaking countries?

I need a symbol in my navigation to represent the legal portions of a web application (disclaimer, imprint, and so on). I thought that it would be appropriate to use the § character; my customer ...
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1answer
85 views

Term for organization being sponsored — “sponsee”? [duplicate]

I have seen a few sponsorship agreements and in one of them the term "sponsee" was used to define the organization being sponsored. The context was a company who sponsors a local team. The agreement ...
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1answer
55 views

Wedge between the related verbs?

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 ...
1
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1answer
78 views

the correct translation of “attendu que”

does attendu que mean "given that" /"considering that"/ whereas. it appears at the beginning of every paragraph in a french legal document i'm working on and i'm not sure if all of the "attendu que"s ...
2
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2answers
68 views

manner in which duties were performed

From Criminal Justice Act Guidelines, on lawyer compensation: Determining Fair Compensation: After establishing that a case is extended or complex, the approving judicial officer should ...
2
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2answers
89 views

rephrase “as they are mutually understood”

I'm trying to translate an SLA ( Service Level Agreement ) from English to Dutch. But i can't wrap my head around the following sentence: This Agreement outlines the parameters of all IT services ...
2
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1answer
122 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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4answers
82 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
225 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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4answers
68 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
63 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
194 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
125 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
140 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
110 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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3answers
169 views

Similarities and differences: 'in + VERBing' vs 'VERBing' alone

Source: p 145, Frederick Schauer’s Thinking Like a Lawyer In being an empirical response to an empirical claim, this explanation engages Realism on its own terms, and so little can be said ...
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1answer
124 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
78 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
117 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
77 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
198 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
476 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
134 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
115 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
83 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
149 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
63 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
84 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
565 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
155 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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3answers
118 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
199 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, ...