Questions about the strange language of legalese.

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1answer
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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 ...
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1answer
313 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 ...
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2answers
171 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
107 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: ...
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1answer
512 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
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1answer
2k 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 ...
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2answers
181 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
695 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 ...
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2answers
286 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 ...
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2answers
143 views

Difference between “testified” and “stated” in a legal context

If you're working in a law firm, do the words "testified" and "stated" have two different meanings? For example, The witness testified that... The witness stated that... And is it acceptable ...
2
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2answers
666 views

Reason for Subject-Verb Inversion: Only in cases where A is B, shall the Company do X [duplicate]

Possible Duplicate: Sentences using: [something] + have + they subject-auxiliary inversions not associated with questions In the following, why does subject-verb inversion occur? Is it ...
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5answers
8k views

What's the equivalent phrase in the UK for “I plead the fifth”?

In the United States, a person under examination on the witness stand may "plead the fifth" to avoid self-incrimination. In other words, a person asserts his or her Fifth Amendment right. Citizens of ...
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2answers
662 views

Indian legal documents

I am a resident of India. I have never been able to understand the language used in the legal documents here. Below is an example from an agreement to sell an apartment. Herein after referred to ...
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2answers
92 views

What is the word for the kind of thing that legal laws can apply to?

I know this question title is awkward, so let me explain by example: The word "law" means different things in different contexts. You have the "laws of natural science" (e.g. the law of energy ...
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5answers
782 views

Why does legal English sometimes repeat the antecedent noun after “which”?

Here's a standard English sentence: The folder which is missing from the principal's office contained the answers to today's exam. (Separate question, discussed elsewhere I'm sure, whether it ...
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3answers
288 views

Clear way of saying that one set of rules overrides another, if contradicts [closed]

I'm working on updating a constitution, but as it is for a non-incorporated entity it doesn't have to be legally perfect. I'm much more interested in clarity. Here is what I have at the moment: ...
3
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1answer
290 views

Situation when a sentence can't be appealed

After a specific period, or if the appeal is found invalid for any reason, or was issued at the final instance court, a sentence becomes valid and is to be executed. I found the translation of the ...
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7answers
3k views

Why does legal English continue to remain archaic?

Perhaps this is a question for Law.SE if one exists, but I am asking here as there are other nice questions on English history. There is some historical development account presented in Wikipedia, ...
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5answers
14k views

What word describes a person who signs an official document?

For example, I have a document that has the signatures of three people, all public servants: a tax collector,an inspector, and a school principal. How could I collectively describe these three people? ...
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7answers
77k views

What is the proper usage of the phrase “due diligence”?

I have encountered the phrase "due diligence" in the business world. The usage examples I have seen (mostly emails) cannot exactly be considered grammatical canon. An internet search produces ...
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2answers
294 views

What's the most pedantically correct way to reference sectioned and numbered rules aloud?

I am a roller derby announcer. An important part of my job is to explain the rules of roller derby to the fans. The rules of modern roller derby are promulgated by the Women's Flat Track Derby ...
1
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1answer
664 views

Meaning of “to fail at one's peril” in a legal document from the Elizabethan period [closed]

I do not know what "to fail at one's peril" means. The phrase appears in legal documents until the 19th century (at least this is what Google suggests). I cannot deduce its meaning no matter how hard ...
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1answer
834 views

In Legal English (law) is there an authoritative meaning to “over the age of ‘X’”? [closed]

[This is a question about Legal English, that is, English language used in legal writing, not about strict usage of English outside of legal writing. —DN] In Legal English what does “over the age of ...
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2answers
232 views

An expression for law students using “tuppence”

Has anyone heard of an expression, from the Renaissance or older, containing the word "tuppence" which describes a student of the law or someone without a great deal of experience or training in it?
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2answers
4k views

“In all events” as opposite of “in no event”

I was recently trying to explain to a non-native English speaking colleague the meaning of the phrase "in no event" which often appears in legal documents. This produced the question: "Can you say 'in ...
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3answers
1k views

“Oldest son or oldest daughter”

Contract states Upon the death of the stockholder his interest shall pass to the oldest son or oldest daughter. I am the oldest daughter and have a younger brother. Who gets the interest?
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8answers
4k views

What is the word for something that is punishable by law, but is not a crime?

What is the legal term in English for something that is punishable by law, but is not a crime (i.e. does not affect your criminal record)? I mean all the lesser (than crime) violations of the law, ...
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3answers
5k views

John Smith Esquire v. John Smith Attorney v. John Smith Attorney at Law

Which is the most proper way to sign a letter? John Smith Esquire, John Smith Attorney or John Smith Attorney at Law. Besides, does each of those categories denote different levels of engagement in ...
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5answers
10k views

Why do courts use “What say you?”

... instead of "What do you say?" I am not sure if "What say you?" is even grammatically correct.
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4answers
3k views

Your signature vs your mark

Is there a difference between your 'signature' and your 'mark'? One of the comments on this post on Bruce Schneier's blog claims there is: This might be out of date in these days of 100% literacy ...
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1answer
322 views

Is there such a thing as “Injective Relief” (as a legal term)?

I was recently given a nondisclosure agreement to sign. On the form it stated that the company may seek "injective relief" as needed in order to enforce the agreement. Now, I'm quite familiar with ...
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6answers
1k views

Does “oath” have an implied religious connotation?

In Singapore you don't have to swear an oath in court if you are of certain religions. Instead you affirm that you're speaking the truth: Circumstances under which affirmation may be made 16.   ...
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4answers
214 views

Is the usage of the idiom “Move Over” in this passage clear on what side to move over to?

Consider this passage in the Georgia DDS 2010 Driver’s Manual: on page 40: The Georgia Move-Over Law requires drivers to move over one lane when possible if an emergency vehicle with ...
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8answers
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What's the difference between “null” and “void” in legal language?

In the legal term "null and void," what is the difference between null and void? Why not just use one of the two terms? And can either term be used without the other?
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2answers
170 views

Referring to “the assertion made in the US Supreme Court's majority opinion”

I want to refer to an assertion that is part of the written majority opinion in a particular case, put forth by the US Supreme Court's majority for that case. Question spurred by my attempts to do ...
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4answers
14k views

Does 'should' imply an unquestionable command?

My question is prompted by a question on the programmers.stackexchange: This may be a duplicate of another question here on english.stackechange, but the answers given to that question did not ...
4
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1answer
1k views

What are the differences among ‘Rules’, ‘Standing Rules’, and ‘Bylaw’?

Recently I was given a document titled Standing Rules of an English speaking club of a local community, which was written in English, and asked to study the contents. I wondered what difference ...
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4answers
618 views

How is an “assault” different from “battery” in everyday English?

In legal parlance, the word "assault" historically means an attempted battery (battery being defined as below) or an intentional frightening of another person. No contact is necessary. On the other ...
5
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3answers
15k views

What's the word Copyright and `(C)' mean?

In the lines: Copyright (C) 1994 Tom Copyright (C) 1995, 1996 Cruise Copyright (C) 1997, 1998 Louis Here, what's the original meaning of "Copyright"? And why the mark "(C)"? And, what is ...
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4answers
468 views

Can this convoluted bit of “tax speak” be deciphered into plain English?

I am trying to understand a paragraph from a tax manual, and for the life of me I can't seem to understand what they are saying. The paragraph in question is from page 4 of publication 4681 The ...
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4answers
5k views

“Shall” and “will” in legal requirements

What is the implication of using shall versus will in writing a specification document? For instance, lets say I have the paragraph, "upon by all parties involved." All information between ...
16
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4answers
5k views

Why are numbers usually written twice in contracts?

In contracts numbers are usually written twice: in numerical and literal form. I understand the vast majority of text in a typical contract can be safely deleted without impacting the core message ...
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12answers
7k views

Do the words “jail” and “prison” refer to different things?

In everyday speech, the terms jail and prison are used interchangeably in many situations. However, my understanding is that, at least in the US, they actually refer to slightly different things. For ...