Questions about the strange language of legalese.

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3answers
213 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
141 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
89 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
136 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 ...
1
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1answer
96 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
436 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 ...
1
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1answer
735 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
145 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
131 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? ...
2
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0answers
93 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
188 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
68 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 ...
0
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1answer
93 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
1k 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
221 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
137 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
259 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
89 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
65 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
261 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
113 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 ...
0
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2answers
77 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 ...
0
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2answers
45 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
141 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. ...
2
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3answers
531 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
132 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 ...
2
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3answers
116 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
47 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 ...
2
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1answer
66 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
201 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 ...
6
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5answers
241 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
245 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 ...
4
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4answers
362 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
159 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
17k 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
340 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.
1
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2answers
295 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 ...
0
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1answer
75 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
63 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
37 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
110 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 ...
1
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2answers
382 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, ...
1
vote
2answers
169 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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2answers
50 views

“In cases where” vs. “in the event”

In cases where either party is unable to perform the contracted obligation... In the event either party is unable to perform the contracted obligation... Which phrase is preferable and ...
1
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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
8k 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
113 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
301 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 ...