Questions about the strange language of legalese.

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2answers
183 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
1k 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
157 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
129 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 ...
2
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1answer
70 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
314 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
280 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
523 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
449 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
291 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 ...
0
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3answers
29k 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
578 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
556 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
98 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 ...
0
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2answers
72 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
votes
1answer
52 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 ...
1
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2answers
722 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, ...
2
votes
2answers
220 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
269 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
44 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 ...
1
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2answers
15k 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
votes
1answer
129 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
votes
4answers
347 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
votes
2answers
2k 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 ...
1
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2answers
6k 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 ...
2
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2answers
3k 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
21k 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
161 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
152 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 ...
1
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2answers
346 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 ...
4
votes
1answer
536 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
5k 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' ?
0
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1answer
2k 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 ...
0
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1answer
398 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 ...
0
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1answer
73 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
359 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
1k 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
928 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 ...
0
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2answers
154 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 ...
1
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2answers
843 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 ...
1
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1answer
17k 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 this clause: ...
0
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1answer
267 views

Difference between “acquittal” and “false accusation” [closed]

I encountered a phrase with a word "acquittal" in a context of criminal law. In Wikipedia, its meaning is described as following: In the common law tradition, an acquittal formally certifies that ...
2
votes
1answer
445 views

Reference request: the pronunciation of Law French?

Would anyone happen to know of a systematic account of the English pronunciation of legal and parliamentary terms and phrases of Anglo-Norman French origin, or more generally, of Law French? When it ...
8
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2answers
210 views

Non-union-affiliated shop steward

I'm looking for an English word or short phrase to convey a meaning which is similar to “union representative” or “shop steward”, except that the person in question is not (necessarily) associated ...
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2answers
122 views

Is “subordinated” a good translation of the Italian legal term “subordinato”? [closed]

I've found this translation http://www.wordreference.com/iten/subordinato but I am not sure if English legals use subordinate to define a party that is subordinated to another. Any suggestion? EDIT: ...
2
votes
1answer
950 views

What do “take ground” and “vested in” mean in this context?

Here is an extract from the headnote of a case [1] I am trying to understand: The defendants, who were wharfingers, agreed with the plaintiff for a consideration to allow his vessel to discharge ...
2
votes
1answer
5k views

“In contemplation of”

I came across this phrase in an legal case relating to an ante-nuptial agreement, and was wondering what it meant exactly. The sentence is: Agreement concluded prior to and in contemplation of ...
2
votes
2answers
188 views

Help in demystifying the meaning of 2 sentences from an academic journal article!

1.) This is basically an english translation of a section of a Hittite Law code: "If someone wounds a man and makes him ill, he shall nurse him. He shall give a man in his place who will work in his ...
2
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1answer
875 views

Did English use to have capitalization rules similar to German's current rules? [duplicate]

Possible Duplicate: Capitalisation of nouns in English in the 17th and 18th centuries I was looking up an article of the constitution of the United States of America, and I noticed in the ...
6
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2answers
350 views

Official term for “at large” or “on the loose”

When a convict is illegally out of prison – either escaped, or didn't get to the prison after his conviction – what is the right expression to describe this? I want the term that is used in ...