Questions about the strange language of legalese.

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4
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2answers
142 views

What do you call a spoken disclaimer on a radio/TV commercial?

The other day I was listening to the radio, and a very lengthy disclosure came on after a commercial. I know that in printed legal documents, and even on websites, the colloquialism for legal ...
0
votes
2answers
214 views

what does “to which it is a party” mean in this sentence?

I have a statement here, and I dont get the meaning exactly: Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give ...
1
vote
2answers
114 views

Term for a structure of nested holding companies

An example would be a corporation A, that holds a controlling interest (say 51%) in company B, which holds a controlling interest (51% again) in company C, and now company A has a controlling interest ...
2
votes
1answer
40 views

Etymology of 'examination-in-chief' : What does 'in-chief' mean?

[ ODO: ] examination-in-chief [mass noun] {Law} The questioning of a witness by the party which has called that witness to give evidence, in support of the case being made. Compare with cross-...
2
votes
1answer
50 views

Is there an equivalent to “née” (birth name) for an *ex*-spousal name?

When a woman marries she often is able to identify her former surname (aka maiden name) using the term née (men can use né though it is less common). If the woman later changes her name due to divorce ...
1
vote
1answer
51 views

Meaning of “upon 90 days”

In a license contract we have, this legalenglish quote: LICENSEE reserves the right to terminate this License Agreement with or without cause upon 90 days written notice for LICENSOR beyond the ...
1
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3answers
197 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.’ Would ...
11
votes
4answers
938 views

Is there a specific word describing black boxes covering confidential data on papers being prepared for public access?

Is there a specific word in English describing black boxes covering confidential data on papers being prepared for public access? Here is an example of such a paper
6
votes
1answer
110 views

What is the act of breaking a pen nib after signing a death sentence called?

I have noticed that every time a judge sentences someone to death sentence, he breaks his pen’s nib after signing his order. So what is this act called? I mean any specific term or single word for ...
1
vote
1answer
98 views

Difference between the words resulting and resultant

Can anyone suggest situations where resultant would be preferable to resulting, or vice-versa? Dictionary definitions, noted down as a result of a telephone conversation but should be correct: ...
1
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2answers
22k 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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2answers
95 views

What's the opposite of “in X's favor”? [closed]

If you argued your case well, the judge may rule "in your favor". What's the opposite expression? (I don't mean "dismiss your claim" or "reject your suit" etc. - I'm looking for the exact opposite ...
1
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1answer
37 views

What is the difference between prospective, contingent and tentative offer?

What is the difference between prospective, contingent and tentative offer? Can you make some sentences using the word prospective for better understanding?
4
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3answers
109 views

What does 'measuring cast' mean? (1660, UK)

Source: 'Things Necessary to be Continually had in Remembrance', by Sir Matthew Hale (1609-1676) If in criminals it be a measuring cast, to incline to mercy and acquittal. How do you ...
-1
votes
3answers
656 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, ...
9
votes
3answers
1k views

Using “Acts of God” in legal term

I wonder why on a lot of legal term in English country using "Acts of God" as an events outside human control? As an Indonesian, I think everything that happens in this world is an act of God. And it ...
1
vote
2answers
80 views

Is the following a well-known idiom? “The legal team buried them in paper” [closed]

Slang Legal Terms I have heard the expression in movies but it is not represented as an idiom in computer searches. I want to use it in a legal case in which I am involved A similar question occurs ...
18
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7answers
23k views

Is there a difference between “innocent” and “not guilty”?

I have always thought the antonym of "guilty" is "innocent", but apparently it's just "not guilty". Even juries seem to agree. But why? Aren't they antonyms? Or is there a subtlety I'm missing here?
-1
votes
1answer
77 views

What is a 7-2 ruling in legal context?

"Although his court challenge (Eldred vs. Attorney General John Ashcroft) was turned down by a United States circuit court, many believed that the lower court's decision had a very good chance of ...
0
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2answers
46 views

Difference between Trade-off and Balance?

What is the difference between "Balance" and "Trade-off" ? For instance at these two sentences: Legal balance between rights and interests And Trade-offs between rights and interests
5
votes
3answers
132 views

“The office of the President” or “the office of President”?

I know this one by heart: it is Section 1 of the 22nd Amendment to the U.S. Constitution. It sounds perfectly natural to me. I don't know why, though. Here: Section 1. No person shall be elected ...
1
vote
1answer
157 views

Legal document witness affiant declarations - how are declarations grammatically correct?

I was looking at a proof of loss form, and below my signature there is a section for another affiant's signature which reads: Declared severally before me at ______________________ From ...
1
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0answers
25 views

What are words like henceforth. nevertheless, hereupon? [duplicate]

what are these words? I think they are legal words and I wanna know more.
2
votes
1answer
56 views

What does “entrust a character” mean in the Supreme Court's gay marriage judgment?

I'm translating the Obergefell v. Hodges judgment into another language. As a non-native speaker, I really struggled with this sentence: The nature of injustice is that we may not always see it in ...
2
votes
3answers
50 views

What are Fowler's guidelines for comma usage for this phrase?

I don't need to set off "at times" in commas here, do I? "It is an at times fraught debate... " The alternative is as follows: "It is an, at times, fraught debate... " And, a second ...
3
votes
1answer
95 views

What's the meaning of “designs” in the clause below?

The undersigned agree that this Fee Protection is assignable and transferable to the beneficiaries, designs, heirs and assigns upon written notice of all parties, and shall not be amended without ...
2
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2answers
96 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 ...
1
vote
2answers
363 views

Admeasuring vs. measuring [closed]

I often find lawyers describing an area as “admeasuring xx square feet”. How is admeasuring any different from just plain measuring, or do admeasuring and measuring mean the same thing?
8
votes
3answers
203 views

Term for law that is not practiced in reality

I am looking for a (legal) term that describes the following concept: A law that should describe the reality of a situation, but in practice, since the law is not enforced, reality is not so. One ...
8
votes
4answers
19k 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 ...
0
votes
1answer
26 views

Is this passive voice?

I am not sure if the below sentence is actually passive voice. Count I alleges negligence in Park Rangers’ removal of the signs. If so - suggestions on rewording it without making the sentence ...
6
votes
4answers
516 views

A Specific Word for a Replacement of a Lost Document?

I'm looking for a specific (legal) term to refer to a replica document that's issued by the relevant officials as a replacement for a legal document that one has lost. I assume that replica is not ...
2
votes
3answers
321 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 ...
27
votes
19answers
11k views

A verb that means “to prove someone is guilty of a crime”

Preface: I don't think there is a single-word (verb) that expresses the concept I am asking for, in which case I'd settle for the least ambiguous and most common phrase or idiom that describes the ...
1
vote
1answer
584 views

Does a woman who has never been married have a maiden name?

I watched a movie recently in which one of the characters states that his mother doesn't have a maiden name. It really struck me as something odd (I am not a native English speaker), I would have ...
7
votes
4answers
19k 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 ...
0
votes
2answers
89 views

legal expression for “going insane” [closed]

in a company bylaws document, I'm trying to describe situations in which a the term of a company director can be ended. These include death, as well as "going insane" or "losing his mind" - but I'm ...
4
votes
1answer
95 views

Pluralizing Numbered Items

In US legal practice, we often refer to numbered items: Interrogatory No. 1, Request for Admission No. 3, U.S. Patent No. 5,555,555. What part of the item should be pluralized? That is, should one ...
-1
votes
1answer
64 views

Ambiguity in this sentence?

Is this sentence ambiguous: Licensor grants licensee one license to install and use this software on as many computers owned and operated by employees of your company That is, who owns the ...
12
votes
9answers
8k 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, ...
6
votes
5answers
13k 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 ...
1
vote
1answer
18k 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: ...
1
vote
2answers
16k 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 [company]...
3
votes
3answers
396 views

Expression for the advantage of being in possession of disputed goods in a civil suite?

Some time (years?) ago I saw (In fact it might have been in a comic, possibly Zits.) an expression/proverb that basically said that being in possession of a disputed goods meant that a civil law suit/...
0
votes
3answers
119 views

A word for evidence used to tell if someone has been in your room

I know there's an actual word for this. I used to know the word, but I've lost it. The word describes a category of methods that someone uses to detect if someone has been in a room, or opened a door,...
1
vote
2answers
38 views

This contract clause […] that I have this-and-that right

This contract clause [...] that I have this-and-that right. which of the following can I use instead of the [...]? "says"? "stipulates"? "dictates"? "mandates"? something else?
3
votes
4answers
5k 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 (...
0
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0answers
67 views

What is special about Anglo-French legal usage of [the] infinitive as a noun?

I was reading the etymology of attainder (n.), when I saw its reference to: use of French infinitives as nouns, especially in legal language, see waiver. waiver (n.) [<--] [...] Other ...
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2answers
111 views

A change of wording is needed (Solved) [closed]

In a legal document I am having to edit certain specific phrases, though I have managed to do most I am stuck on a way to change the wording of the phrase "[Company Name] hereby appoints" and ...
1
vote
2answers
575 views

What do you call a document whereby someone promises to pay back borrowed money?

I am translating a legal document from Persian into English. It is a loan certification thereby the borrower promises to return the borrowed money in specified period of time. It has two paragraphs in ...