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Questions tagged [legalese]

Questions about the strange language of legalese. Consider asking on law.stackexchange.com if your question focuses on the legal interpretation of some term or phrase.

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0answers
15 views

What's the etymology of sound' in 'sound in damages, tort, contract'?

OED: 6. to sound in damages: in legal use, to be concerned only with damages. Also to sound in tort, to sound in contract, etc. 1780 M. Madan Thelyphthora II. 153 There is not one [...
3
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3answers
92 views

Does “shooting for effect” have contradictory meanings in different areas?

I only know one meaning for "shooting for effect". It's the sort of thing a SWAT team commander might say to indicate that no one is terribly interested in interrogating the subjects. Basically, it ...
0
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1answer
16 views

Interpretation “has been entered”

I am having a hard time interpreting a specific phrase. The phrase is "A judgement has been entered." If a judgement was previously entered, and it was then removed. Would the "has been entered," be ...
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0answers
15 views

when we talk about settlement in litigation, can we use the word “price”?

When we talk about settlement in litigation, can we use the word "price"? I feel "amount" is commonly use when we talk about the amount of money one side has to pay to the other. Can we also use "...
0
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1answer
50 views

Use of 'an hire' in legal writing [duplicate]

I received legal documents pertaining to hiring in which every use of the word 'hire' was proceded by the indefinite article 'an'. Example: An hire takes place once... Is this correct or ...
0
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0answers
14 views

Better term for Certificate Of Employment

I am working on a project as a student activist formally for 3 years. Defacto, I am the project leader. Informally i work on it for 5 years, but not aware that actually i can get legal paper for my ...
0
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2answers
50 views

Is the grammar in this article of this student constitution correct?

I am currently disputing my eligibility to run for president of my college's Student Government. The grounds on which my opponents are seeking to exclude me from the ballot fall upon the following ...
-1
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2answers
129 views

Is there a gender-neutral alternative to workmanlike suitable for use in legal context?

The word "workmanlike" and phrase "workmanlike manner" appear frequently in contract terms, but are obviously gendered. For example: The services will be performed in a professional and workmanlike ...
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2answers
49 views

Appropriate word for “something that will kick in if something bad happens”

I'm drafting a somewhat official document, and I can't quite think of the right word here: All employees are covered under an occupational hazard insurance, which would cover any liabilities arising ...
2
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2answers
138 views

Term for the neglect of a child or animal

I am looking for a term describing the neglect of a living being under one's responsibility, such as a child or animal. Spontaneously I thought of court procedures, with the sad cases of children ...
3
votes
2answers
111 views

Word for breach of privacy [closed]

I am currently working on a fictitious legal system and am now looking for a single word describing a breach of privacy, in the sense of a home invasion but also, if possible, indecent exposure (as in ...
3
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3answers
263 views

Word for property damage

I am currently working on a fictitious legal system and am looking for a single word for property damage. I could not find a legal term that fits, though you may know of better resources than I. It ...
0
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1answer
33 views

Using before the fact in multiple contexts

The terms "before the fact" and "after the fact" are usually used in a legal sense, as in, accessory before the fact, (and similarly, accessory after the fact), to indicate a person aiding or abetting ...
2
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2answers
43 views

Repeat/repeated offender

In legal talk, specifically regarding criminals, it is standard usage to call someone who has broken the law several times a "repeat offender." However, I don't understand why such a person wouldn't ...
-1
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1answer
75 views

“Deemed and understood” in a contract [closed]

I have been asked to translate a contract, where the parties are defined accordingly: "X with its principal place of business at Y, (hereinafter called "Seller") specifically deemed and understood in ...
15
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7answers
3k views

What do you call a question that is meant to make you look bad? [closed]

What is it called when you are asked a question that has nothing to do with the subject at hand and is sometimes meant to make you look bad? I think it is a legal term used in a court setting.
0
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3answers
131 views

Does using “and”, “or” or “and/or” change the meaning of these sentences?

Consider these sentences... 1)... No unreasonable limitations and regulations will be willingly obeyed. No unreasonable limitations or regulations will be willingly obeyed. No unreasonable ...
5
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3answers
112 views

Looking for a word meaning “attempt” or “bid” or “campaign” specifically in a legal context

If there is an exact outcome I am hoping for, in specifically a legal context, but where I'm not necessarily either suing or defending or appealing or prosecuting (but where I am devoting resources ...
0
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1answer
22 views

“authorized as incorporated”?

1 As a result of four two-for-one stock splits on the Common Stock effective October 20, 1989, May 15, 1992, August 22, 1997 and May 21, 2004, the number of shares of Series A ESOP Convertible ...
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1answer
516 views

Use of “now” and “therefore” in contract preambles

Here's an example from the Merriam-Webster dictionary of a typical use of the word whereas: Whereas you chose to participate in this stupid prank, you will be held responsible as well. (this is ...
2
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1answer
79 views

What does “waive as against” mean?

I am reading a license agreement and there is a strange combination of words for me as I am not a native English speaker. The direct quote is here: If you are a direct competitor, and you access or ...
3
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3answers
504 views

'Without prejudice to damages' meaning

I was reading the some contract termination terms, and came across a phrase that I could not derive the exact meaning of and it's still bothering me. Can somebody please explain 'without prejudice to ...
6
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3answers
659 views

Word to describe a company that pretends to do the right thing? [closed]

What word(s) would you use to describe a business or company that pretends to do the legal/right thing regarding employees, but in reality the company does not care. This issue pertains to legalities ...
0
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1answer
317 views

“Once each” or “once every” six months?

I'm formatting a bulleted list of benefits covered by a dental plan. I believe the text originally came from the insurance company's official "schedule of benefits" document, which is written in ...
4
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2answers
132 views

Meaning of “release” in the given context

Here is a sentence from an employment agreement: "In the case of any accident or any other event occurring during the period of employment, the worker releases any and all actions or expenses that ...
5
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2answers
219 views

How to best describe: all law, primary/secondary legislation, etc - with “laws”, “acts”, “statutes”, “ordinances”, etc? [closed]

I'm writing software that needs to have the following categories of law for a non-English speaking country: (a) all laws (b) primary country-wide legislation (passed by parliament) (c) secondary ...
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1answer
76 views

'present' used as a noun like 'presence'

I read this sentence in the full legal text of the CC0 license (emphasis mine): Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, ...
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1answer
113 views

Why was 'Golden' chosen to describe the 'Golden Rule'?

Source: Introduction to The Study of Law (8 edn, 2016), p. 99 Middle.   The golden rule is that the court must reach a conclusion that avoids absurdities. Why 'gold'? What semantic ...
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1answer
57 views

Legal term for a document of done job

What is the name of a document that parties sign when job by one party is done and second party agrees to accept it?
2
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4answers
59 views

Period during which one can step away from a contractual obligation?

Not a trial period. In germany - and many european countries - certain contracts have a period during which one of the signatory partners (mostly: private people) can decide that no, the contract was ...
0
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0answers
86 views

Legal term for not knowing a fact

Is there a legal term for not knowing a fact. Example: If my company did not know that the profesional we hired did or filed something incorrectly.
0
votes
1answer
36 views

What is the English term used for legal representation power? [closed]

When someone assigns a lawyer to represent him or her, what do we call this document/certificate/letter/paper? Is it power of attorney? Procuration? Let me explain the context in the following ...
0
votes
1answer
39 views

How do 'suicide pacts' relate to the US Constitution?

Justice Jackson's dissent in Terminiello v. City of Chicago, 337 U.S. 1 (1949): This Court has gone far toward accepting the doctrine that civil liberty means the removal of all restraints from ...
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0answers
765 views

Meaning of: Have you ever been issued a passport […] for travel by another country of Ireland or Israel? [closed]

I have been asked the question below by the US Immigration Office. Have you ever been issued a passport or national identity card for travel by another country of IRELAND or ISRAEL I completely ...
1
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1answer
85 views

Can you explain the end of this long law sentence for me [closed]

This is the sentences. It's really long and complicated and I'm not native English speaker. The end is not clear for me and I don't understand the parts about foreign law and award and etc. Slade ...
20
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6answers
4k views

What do you call it when a scam artist modifies the contents of a document to deceive other people?

Some unscrupulous scam artist decided to modify a contract that had my signature on it, to make it appear that I had agreed to things I did not. Here is a simplified example: Bob agrees to pay Fred ...
0
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2answers
70 views

Word for Copyright holder

I'm writing an essay on Intellectual Property Rights in the Digital Age, and I have the following sentence: DRM is an instrument to protect Copyright, and therefore it should be implemented in such ...
0
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0answers
81 views

Crime instrument, is there a term or a common phrase?

As per the title. The problem is that I need to find articles relating to a specific artifact (Machine Learning algorithms) that can be used for crime. If that artifact was a gun, the search "gun ...
2
votes
1answer
188 views

What does the word 'greeting' mean in a writ?

A writ is a formal written order, originally of the English monarch but later of a common law court. Since 1999, the Civil Procedure Rules have provided for civil cases in England and Wales to be ...
0
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1answer
75 views

English Legal Case Shorthand: e.g. 13 & 14 Charles II c. 33 [closed]

I've been reading scholarship that details English court cases, and the cases in those reports are often referred to in quick shorthand, e.g.: 13 & 14 Charles II c. 33 4 William & Mary c. 4 ...
3
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1answer
95 views

Is there a name for the practice of dropping articles in legal writing?

I see this a lot in legal writing. "The defendant will be required to pay $1000 in restitution." vs. "Defendant will be required to pay $1000 in restitution." Or, Upon arrival, police ...
1
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1answer
6k views

Meaning of “within 30 days of [a certain date in the future]” in context?

I am required to submit a certain form "within 30 days of [a certain date in the future]". I suspect that the form's author actually meant to say something like "at least 30 days before [a certain ...
0
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1answer
25 views

What is the legal term for funds that are not fund-of-funds?

I am looking for the legally correct expression for funds that are not fund-of-funds. Those funds do not invest in other funds but to at least 90% directly in stocks or bonds. In German there is the ...
1
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1answer
3k views

What are the differences between “null”, “void” and “invalid”?

I am a German law student and I am writing a thesis about the Arbitration Act 1996. I was asking myself what is the difference between "null" "void" and "invalid". I already found some answers, like ...
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1answer
246 views

“to resolve that sth be done” or “to resolve that sth shall be done”?

The Board of Directors of the company has resolved that the capital be raised from 1,000,000 € to 9,000,000 €. The Board of Directors of the company has resolved that the capital shall be raised from ...
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0answers
60 views

Understanding The Proper Usage of “Contingency Fee Basis” vs. “Contingent Fee Basis”

I am writing for an law firm and am trying to understand what is the appropriate usage of "contingent fee basis" versus "contingency fee basis." I have always used the term "Contingency Fee Basis" ...
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5answers
565 views

What is it called when someone denies a crime despite not having been accused?

I heard the phrase a while ago, it was two words I believe. The instance was a woman was approached by police and before they said anything to her she said "I wasn't soliciting" denying a crime she ...
3
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1answer
935 views

What is the meaning of “previous 12 months ” in the clause below?

for two years after separation of your employment, you shall not solicit, entice away, offer employment, or employ directly or indirectly (as employees, contractors, consultants), any employee, ...
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2answers
1k views

Is the language used in patents archaic or intentionally obtuse? [closed]

Example: [f] moving said second cart to said proximate end of said scanning device so that said trays in said second cart be passed through said scanning device at said proximate end. Is the ...
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2answers
146 views

Publicly available but privately owned

I'm struggling to find correct terminology to refer to something which is freely available (as in, no monetary cost) but is likely not free from copyright. Everyone may use a newspaper article that is ...