lawyer language what does express mean

Express Clear; definite; explicit; plain; direct; unmistakable; not dubious or ambiguous. Declared in terms; set forth in words. Directly and distinctly stated. Made known distinctly and explicitly, and not left to inference. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct.

Full Answer

What is the meaning of expression?

EXPRESS. That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum.

Do lawyers and judges speak a secret language?

Over hundreds of years, lawyers and judges seem to have developed a language of their own, rife with Latin terms you can't decipher without those ninth grade notes you lost after the final. This secret language gives legal professionals a certain dramatic mystique that can be intimidating, sexy and, as every law students knows, annoying to learn.

Do lawyers use a lot of confusing words?

Legal professions are no exception — in fact, lawyers might use more confusing words and phrases than people in any other field. From "upstanding" to "wobbler," we compiled examples of terms that make sense to lawyers, but make outsiders scratch their heads.

Do lawyers sometimes use language that is impossible to understand?

If you are like many people you agree that lawyers sometimes use language that seems complex or even impossible to understand. If you're like me, you've also had the experience where you think that you've been very clear but the other person (whether a lawyer who you're paying or a spouse or friend) doesn't really understand what you want and need.

What does express mean in legal terms?

An express contract is an exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.

What does express approval mean?

Express consent is permission for something that is given specifically, either verbally or in writing. Express consent contrasts with implied consent, which is an assumption of permission that is inferred from actions on the part of the individual.

Does express mean written?

Express written permission means written permission explicitly granted. In contrast, expressed written permission is redundant, since if the permission is written it is by definition expressed. To express, from exprimere by way of the medieval Latin expressare (also to press out), means to put into words.

What is legal speak called?

Definition and Examples Legalese is an informal term for the specialized language (or social dialect) of lawyers and of legal documents. Also known as lawyer's language and legal parlance.

How do you express approval?

One way to express approval is to use a positive adjective such as good, great, amazing, fantastic, perfect or wonderful with the verb to be: That is/was great/amazing/fantastic. That's a good/great/excellent idea.

What term means to give official approval?

To authorize is to give official approval or clearance for something.

What is an example of express?

The definition of express is something that has a specific purpose or something that operates at a faster-than-normal speed. An example of express is when the purpose to go to a store is just to buy milk. An example of express is a train that gets you where you are going five times faster than other trains.

What are the 2 kinds of expressed contracts?

There are two categories of contracts: express and implied contracts. For a contract to be considered an express contract, there must be clear and unequivocal terms to communicate a promise that the parties have made to one another.

What do you call a lawyer in court?

counsel. noun. legal a lawyer who gives someone legal advice and represents them in a court of law.

How do you write in legal language?

7 Ways To Improve Your Legal Writing SkillsRemember Your Audience. Robert Daly/Caiaimage/Getty Images. ... Organize Your Writing. Organization is the key to successful legal writing. ... Ditch The Legalese. ... Be Concise. ... Use Action Words. ... Avoid Passive Voice. ... Edit Ruthlessly.

Why is legal language so complicated?

One of the reasons the law is often written in complicated or hard-to-understand language is because of the way law develops. In the United States, we use something called stare decisis. (That's pronounced starry de-sigh-sis.) Stare decisis means that we look at past cases to help us interpret the law today.

Why is it impossible to disentangle English law from Latin and French?

Because of how specific legal language became, it was impossible to disentangle English law from Latin and French. You would’ve had to create a whole new vocabulary, which lawyers set in their ways weren’t too keen on. Looking at lawyer jargon today, you can clearly see how French and Latin are still in constant use.

What languages were used in the court system?

English was often used by regular people as the vernacular, but Latin and French were the “prestigious” languages used in the government and the court systems. If you were to attend a trial in the 16th century, you would have heard a combination of Law Latin and Law French.

What does "defendant" mean in a trial?

Defendant — in a trial, the defendant is the person who is being charged in a case. This word was borrowed from French, but can be traced all the way back to Latin. De facto/De jure — these two phrases mean “in fact” and “in law,” respectively.

What is the official language of England?

To use a language example, the official language of England is de jure English, because there’s a national law to make it so. In contrast, the official language of the United States is de facto English because, while it’s not written into law, English is used as any official language would be.

What does tort mean in French?

Lawyers basically took these two languages and gave general words very specific meanings; the word tort in French, for example, just means “wrong, ” but it very specifically refers to a kind of law that deals with civil cases in English.

Is English law a language?

A Brief History Of The Language Of English Law. The phrase “the language of English law” might sound redundant, but it’s not. The “English” here just refers to “of England.”. That’s because for a centuries, English law didn’ t use the English language . Yes, it’s a little confusing.

Is jargon impenetrable to the outside world?

Jargon is often impenetrable to the people outside a profession. That’s the whole idea behind this series: breaking down what these strange, specific terms mean. If you’re uninitiated, jargon can sound like an entirely different language, and that’s especially true for lawyer jargon. Not only is law already a notoriously complicated field ...

Wobbler

The word "wobbler" might make you think of someone doing the popular line dance at a wedding. In legal contexts, a wobbler is a case that teeters on the edge of being a crime and a misdemeanor.

Recess

For most people, recess conjures memories of playing outside in between classes in elementary school. In the legal world, recess refers to a break in a trial or court proceeding.

Tort

Tort doesn't refer to a cake made with ground nuts or breadcrumbs and topped with rich frosting — that's a torte.

Upstanding

If someone's an upstanding citizen, they're honorable and respectable. However, in British law, the phrase "be upstanding" is an audience's cue to rise when the judge enters the room.

Therefor

No, this isn't a misspelled version of "therefore." Without the final e, "therefor" is a fancy way to say "for this" or "for that." Legal Shield gives us the example sentence, " She accepted the delivery and provided payment therefor."

Administratrix, executrix, prosecutrix, and testatrix

Fluent speakers of legalese often throw around these unusual feminine forms for common words like administrator or prosecutor.

What does it mean to let someone take possession of something but the ownership does not change?

It is often done to give security for money owed or to make sure that something is done as promised.

Is the language used in law changing?

The language used in law is changing. Many lawyers are now adopting a plain English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways: