Questions about the strange language of legalese.

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84 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
60 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
214 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
100 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
71 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
42 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
112 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
338 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
122 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
109 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
43 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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1answer
62 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
158 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
220 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 ...
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2answers
136 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
333 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
132 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
11k 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 ...
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1answer
250 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
149 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
61 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 ...
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2answers
53 views

Differences between vertical restraints and vertical restrictions in Antitrust Law [closed]

I've read a lawsuit (link:https://bulk.resource.org/courts.gov/c/US/433/433.US.36.76-15.html) that uses both "vertical restraints" and "vertical restrictions", I'm translating this document so I ...
2
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1answer
33 views

state the reach of something against something as doing something

I encountered this sentence while translating a lawsuit and now I'm quite confused about what it intends to say: Court stated the reach of the per se rule against tie-ins under 1 of the Sherman Act ...
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2answers
87 views

“the below-identified person”: Term for this style and any style guides regarding

Are there any technical terms to specifically describe the two styles (A and B) below? Also, are there any prescriptive style guides that say which is preferable? My own preference is for style B ...
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2answers
237 views

Capitalizing processes in a law suit

When writing about a trial, should four-year Statute of Limitations have the four-year spelled out or as 4 year Statute of Limitations? Also, should Preliminary Hearing, Mediation, Discovery, ...
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2answers
149 views

Is there a grammar rule that defines the properties of a legally accepted word [closed]

I would like to know if there is a grammar rule(s) that defines whether a word is gramatically legal or not. I understand a word is given meaning by a human and anyone can give meaning to anything. ...
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1answer
32 views

Which phrase is better?

"In cases where either party is unable to perform the contracted obligation" or "in the event either party is unable to perform the contracted obligation"? I prefer the second but having used "in the ...
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1answer
37 views

Is this shorter phrase awkward?

In legalese, while describing a party which loses the capacity to perform certain obligation, is it awkward to say "During the course of the calamity, the performance incapacitated (or disabled) party ...
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2answers
6k views

“In” or “At” sole discretion

We're drafting some legal stuff, and our lawyer used this phrasing... ...whether any particular enhancement is to be categorized as such shall be made in the sole reasonable discretion of ...
2
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1answer
108 views

noun-modifier word order in 'date certain'

One will occasionally hear the term date certain (meaning 'a fixed, definite date') in legal or business contexts. e.g., The Courts have continually emphasized that the Act demands primary NAAQS ...
2
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4answers
203 views

“Accepted” not correct for legal document [closed]

Could someone suggest a good word to use in the sentence given below? It is for use in a legal operational protocol manual and should fit within context. I'm currently using "accepted", due to a lack ...
2
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2answers
1k views

Are commas considered superfluous in legal documents?

I'm in the process of purchasing a house and reading through the contract, I can't find a single instance of the comma. (As if legalese wasn't hard enough to read already!) This includes the ...
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2answers
3k views

Alter vs Modify vs Change (in Legal Documents)

Consider the quote from "What is a Grantor Trust" article. This trust is revocable, which simply means it can be altered, modified, and otherwise changed or even terminated during the life of the ...
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2answers
2k views

Difference between “deny doing something” and “deny having done something”

What is the difference between "deny doing something" and "deny having done something"? The context is as follows: While being questioned on the court, the man denied [taking/having taken] the ...
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2answers
8k views

What does 'provision' exactly mean in a legal document?

Now I'm asked to look at a legal document(here) and answer the question that which provisions apply to a certain case. However, I don't know what the word 'provision' means in a legal context. ...
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1answer
110 views

Do “operative” and “valid” have the same meaning in legal terms?

I found this question when reading a machine manual. In the part about Guarantee, it said "The guarantee will not be operative if any of the following apply:" My question here is that can operative ...
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3answers
125 views

Looking for two terms from law vocabulary

I'm looking for two technical words used in law: Someone who accepts the law, they will try to do the best things in any situation. The opposite of number one, they reject any law and at every ...
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2answers
224 views

How should I fill these blanks on an agreement?

How should I fill these blanks on an agreement? The agreement starts like this; __ legally represented by _, residing at __ on __ hereinafter referred as "Contractor"... 1)Name 2)as the person not ...
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1answer
269 views

What is the origin of “fine” meaning a legal penalty? [closed]

What is the origin of the word fine meaning a legal penalty involving the payment of a sum of money?
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1answer
3k views

confused with “had been sent”, “was sent” and “had sent” [closed]

What will come in the blank made in the sentence "A letter on import regulations...... on 26.6.2013"? Options are 'had been sent' or 'had sent' or 'was sent' ?
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1answer
917 views

What does RO mean? [closed]

English is not my mother tongue and now I am reading a financial article about the banking industry in Vietnam. In it a line says the following: This Section focuses only on the commercial banks ...
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1answer
196 views

What is the “material holding” in a company'?

I am working on a text and it confuses my mind. I do understand the meaning and yet can not be sure about it. It says: The arbitrator holds shares, either directly or indirectly, which by reason ...
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1answer
69 views

Is there a synonym for 'idionymon'?

Other than phrasal descriptions, such as "special illegal act"[1]? [1] http://en.wikipedia.org/wiki/Idionymon
1
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2answers
207 views

Can abide be extended to imply enforce or act?

In a legal document, such as a contract or agreement between two parties (where party refers to entities or individuals), what is the exact meaning of the word abide ? The clause in question : I ...
4
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3answers
648 views

Payment to be due within three months “of” that meeting

Does the word "of" in the context of an established point in time refer to before or after that established point in time?
2
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6answers
383 views

Is the “will” in “can and will” necessary?

Anyone who's ever seen much American film or television has heard some variation of the following sentences countless times: You have the right to remain silent. If you choose to give up that ...
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2answers
129 views

Should “Have your peer partner send you her plans” be considered a directive?

If you tell a person to have someone do something, is that considered a command? Our boss sent an email which told us to "have your peer partner send you her plans". Should that be considered a ...
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2answers
504 views

What does “any or any” mean in a legal text?

I have been going through several legal documents lately and have realised that a lot of them use the fragment "any or any" within some sentences. Failing to place a guard or fence or warning ...
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1answer
10k views

What does 'back-stopping' mean?

We have a tender document, and it lists how the offer should be proposed. Basically this is split into 3 sections: Rationale Strategy Details of Proposal Under section 2., there is the below ...