when using lawyer language what does mean

In the study of law, language has great importance; cases turn on the meaning that judges ascribe to words, and lawyers must use the right words to effectuate the wishes of their clients. It has been said that you will be learning a new language when you study law, but it’s actually a bit more complicated.

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What is the importance of legal language in law?

A vast amount of legal vocabulary is French in origin, including such basic words as appeal, attorney, bailiff, bar, claim, complaint, counsel, court, defendant, demurrer, evidence, indictment, judge, judgment, jury, justice, party, plaintiff, plea, plead, …

When to use the term and/or in legal writing?

Purport: To imply; to claim; to mean; to convey law; the full scope of an enacted statute. Pursuant to : Conforming to; done in consequence of; following; according to. Pursue : To follow through, as to pursue a claim until it is finally established; to continue actively a cause of action until its final conclusion.

What are the legal meanings of words?

What Does Conference Mean In Legal Terms? Legislation, conferences, practice, and conferences, as well. It stands for the meeting of the parties or their counsel with the purpose of setting the basis for settlement of the matter.

Why do lawyers use so many Old English phrases?

Feb 20, 2018 · The defendant intentionally used abusive or insulting language; The language used was unreasonable and outrageous; The defendant knew or should have realized that the language used would likely result in illness to the injured party; and. The injured party suffered severe emotional distress as a result of the defendant’s words.

What does lawyer language mean?

If you are in municipal court and someone uses this term they are talking about being able to work while a person is placed on house arrest to serve their sentence. If the term is used in district court the person is talking about being placed in jail but allowed to leave the jail to go to work.

What does language mean in legal terms?

LANGUAGE. The faculty which men possess of communicating their perceptions and ideas to one another by means of articulate sounds. This is the definition of spoken language; but ideas and perceptions may be communicated without sound by writing, and this is called written language.

What language do lawyers use?

It's easy to understand why people despise “legalese,” those archaic phrases that lawyers use. Some joke and even genuinely believe that lawyers use legalese to either sound smart or to justify higher legal fees.Oct 6, 2015

What does and/or mean on a document?

or bothAnd/or, however, is not ambiguous at all. It has a definite, agreed-upon meaning: when used properly, the construct means “A or B or both.” In most areas of law, there simply is no compelling reason to avoid using and/or. The term is clear and concise.May 7, 2018

What is the relationship between law and language?

A law is a standard that is essential for maintaining peace and order in systematic form of society. Language is a rule-based system of signs used for communication. Laws coded in language & Legal concepts are accessible only through language.

Why is language important in law?

Words are the essential tools of the law. In the study of law, language has great importance; cases turn on the meaning that judges ascribe to words, and lawyers must use the right words to effectuate the wishes of their clients.

How do you talk like a lawyer?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

Do lawyers have their own language?

Although lawyers use the same grammar as everyone else, for non-lawyers legal jargon - legalese - most of the time is gibberish. Why is that? It is common knowledge that lawyers often give words a specific meaning, one that is different in common speech.Mar 26, 2018

What is the best language to learn for law?

So there is no doubt that learning any of the following five languages will boost your shot at getting HIRED.English. Congratulations, if you are reading this, you already possess the nearly undisputed #1 most useful language for getting hired, English. ... Mandarin Chinese. ... German. ... French. ... Spanish.Jul 31, 2017

Why do people use or?

The main reason for using and/or is to remove the ambiguity of whether and means "only both" and whether or means "only one." And/or explicitly means "it could be one of these or both of these."Jun 18, 2011

Is it acceptable to use and or?

Please do not use "and/or" in either formal or informal writing. In common English, the "or" is a "non-exclusive or" which means "either A or B, or A and B". When I say "I can have a banana OR I can have coffee" then I am also OK with having both.Mar 22, 2019

Is or inclusive or exclusive in law?

To answer your question, "or" by itself is inclusive because it allows for the possibility of both.Aug 3, 2010

What is Habeas Corpus?

Habeas Corpus Habeas Corpus is Latin for “you have the body,” which sounds ominous, but it is actually one of the most fundamental rights of a citizen. When a writ of habeas corpus is presented to a judge, it means that someone who has imprisoned another person has to show the legal basis for that imprisonment.

What is recess in court?

Recess A recess is a short break from a trial (not to be confused with an adjournment, which is a long break from a trial). Unfortunately, most courthouses do not have adjoining playgrounds, so lawyers tend to spend recesses doing whatever they have to do to continue the trial.

What does "sustains" mean in a case?

2. Sustained If a judge “sustains” an objection, he or she is agreeing with it, telling the lawyer who asked the question to drop it and move on. 3. Overruled When a judge overrules an objection, he is telling the witness to go ahead and answer the question. 4.

What does "prima facie" mean?

6. Prima Facie Prima facie is Latin for “at first look” or “on its face,” and in legalese it refers to a situation where someone looks guilty. One of the nice things about our legal system is that even when you look guilty, the system is supposed to look more closely and give you a chance to defend yourself.

When did lawyers use "and/or"?

Lawyers use it in all types of legal contexts — including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting.

What does "and/or" mean in legal terms?

And/or has a precise meaning; it allows for the possibility of conveying options in the alternative. As with many consistent errors in legal writing , the problem lies not with the term and/or itself, but with a lack of close attention to detail.

What is the meaning of "mongrel"?

Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism ,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.”. Still today, critics maintain ...

Why should the construct "and" not be discarded?

Despite the few contexts in which and/or should be avoided, the construct should not be discarded simply because individuals occasionally misuse the term . After all, legal drafters and courts commonly struggle with using and interpreting “and” and “or,” words that themselves are riddled with ambiguity. And/or has a precise meaning; it allows ...

Is "and" ambiguous?

And/or, however, is not ambiguous at all. It has a definite, agreed-upon meaning: when used properly, the construct means “A or B or both.”. In most areas of law, there simply is no compelling reason to avoid using and/or. The term is clear and concise. It derives criticism mainly from the inability of people to use it correctly.

Can a drafter provide options?

Conversely, some legal areas — such as jury instructions, search warrants, and jury verdicts — do not typically allow a drafter to provide options, making and/or unsuitable. Despite the few contexts in which and/or should be avoided, ...

Where did the word "law" come from?

Law derives from the Norse word for "lay" and thus means "that which is laid down.". A couple of centuries later another group of Scandinavians had a far more profound and lasting impact on the language of English lawyers. These were the Normans, whose name ultimately comes from northman.

Why is the legal language so convoluted?

Perhaps the language of lawyers is so convoluted simply because of the conservatism of the profession and its veneration of history and tradition. To some extent, legal English is indeed a product of its history.

What is a deed of trust?

Here is part of what is called a deed of trust: Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except of the encumbrances of record.

Why is alliteration important?

Alliteration is not only poetic, but makes phrases easier to remember, an important feature in a largely preliterate society. Most Anglo-Saxon alliterative phrases have disappeared from our language. One that has survived is to have and to hold, which is still part of many marriage vows.

What is an Anglo-Saxon characteristic that left traces in legal English?

Besides vocabulary, an Anglo-Saxon characteristic that left traces in legal English is alliteration. As opposed to rhyme, where the ends of words are phonetically the same, alliteration requires that words begin with the same sound. Anglo-Saxon poetry strove to have two or three words in each line alliterate .

What does the law do to humanity?

The humanity of the law feels and regrets every pain that it causes, every hour of restraint it imposes, and more deeply still, every life it forfeits. But it uses evil, as the means of preventing greater evil. It seeks to deter from crime, by the example of punishment. This is its true, and only true main object.

Why was Latin important to English law?

Latin was important for English law mainly as the language of court records. The practice of using Latin versus in case names (for "against") harks back to these times. English lawyers and judges were also prone to express sayings or maxims about the law in Latin. An example that has survived is caveat emptor.

What is an applicant in a court case?

Applicant: Someone who files a petition or makes an application; a petitioner; a person who applies for a legal remedy to his problem. Appraisal: An evaluation of the worth of property. When ordered by a court, such estimation of value may be carried out by one or more reputable, qualified, disinterested parties.

What is the meaning of appearance in court?

Appearance: The actual presence in court of the defendant and plaintiff in a suit. (By making an appearance, the parties to the suit place themselves within the authority of the court.) Appellate court: A court with the authority to review the handling and decision of a case tried in a lower court.

What does "consign" mean in a contract?

Consign: Delivery of goods from the owner to another party ("consignee") to be sold by the consignee for the benefit of the owner. Consignment: Delivery of goods from the owner to another party ("consignee") to be sold by the consignee for the benefit of the owner. Consistent: In agreement with; not contradictory.

What does "assign" mean in a lease?

Assign: Transfer to another. In the context of a lease, the transfer by a lessee to another person of all of the lessee's interest in the leased property; an assignment differs from a sublease in that a sublease does not transfer all of the lessee's rights in the property. Assignable: Negotiable; transferable.

What is renewal in finance?

Renewal: The giving of more time for the payment of a debt or the fulfillment of an obligation; the revival or reestablishment of an issue that is in dispute. Rent: 1. To pay for the temporary use of a property, such as the renting of an apartment or an automobile. 2.

What is improvement in real estate?

Improvement: Anything that increases the value of property, such as installing air-conditioning in a building, etcetera. In common: Something for the general use and enjoyment of all. The land, gardens, beaches, pools, etcetera, surrounding a condominium are in common, for the use of all tenant-owners.

What is the definition of discrimination?

Discrimination: The denial of equal protection of the laws; the failure to treat all people alike despite differences in race, color, creed, sex, or social position. Disposition: The final determination of a matter, arrangement. Method of handling the body of a deceased person, for example by cremation or burial.

What liability can I impose for abusive language?

What Liability can I Impose for Abusive or Insulting Language? Civil liabilities may be imposed on a person who intentionally or recklessly uses abusive or insulting language that causes mental distress to another person. Although the claim for damages from abusive or insulting language falls under the more general claim ...

What is the claim for damages from abusive language?

Although the claim for damages from abusive or insulting language falls under the more general claim of intentional infliction of emotional distress, there are special rules that pertain to this cause of action.

What does an injured party need to show to sue?

Generally, the injured party would need to show the following to sue: The defendant intentionally used abusive or insulting language; The language used was unreasonable and outrageous; The defendant knew or should have realized that the language used would likely result in illness to the injured party; and.

What does "notwithstanding" mean in legal terms?

“Notwithstanding”: The Cons. 3. “Notwithstanding”: The Pros. 4. "Notwithstanding" and "Subject To". Notwithstanding legal use means creating exceptions to the rules of a contract. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.

What is the notwithstanding rule?

Foregoing means “that which came before.”. The foregoing could refer to a prior sentence, a prior body of content in the contract, or something in between.

How many provisions are there in a trumping rule?

If you, for instance, want to implement a trumping rule in a contract and you know your contract well, so well that there are 20 provisions that may or may not need to be subordinated. Instead of stating the 20 provisions that need to be subordinated, a notwithstanding anything in the agreement would work.

Why is "notwithstanding" used in a contract?

Notwithstanding in a contract is often misused. It can also be used to distract attention from a clause in a contract. It is used as a preposition to show that a provision is followed by another provision. It is not different than the definition used in everyday language.

What is the difference between subject to and notwithstanding?

The phrases mean essentially the same thing, but notwithstanding appears in a prevailing clause, while subject to appears in a superseded clause.

Is "despite" a synonym for "notwithstanding"?

The word despite is a synonym for notwithstanding, and the drafter of the contract can use either work he or she desires for the purpose of emphasis. If subject to were left out, the clause is still understandable. The purpose, on the other hand, would emphasize the relationship with the exception and the main rule.

Is a notwithstanding contract ambiguous?

Typically, clients know their contracts backward and forward. Ideally, it would not contain any ambiguity and is not difficult to read.

What is legal formalism?

Legal formalism means the special usages of the language of law, many of which are archaic and which are flourishes of a style long dead. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

What is the purpose of the whereas clause?

The clause explains the reasons for the execution of the contract and, in some cases, describes its purpose. The whereas clause may properly be used in interpreting the contract. However, it is not an essential component for its operative provisions.

What is a recital clause?

A recital contains words of introduction to a contract, statute, proclamation, or other writing. In a contract a whereas clause is an introductory statement that means "considering that" or "that being the case.". The clause explains the reasons for the execution of the contract and, in some cases, describes its purpose.

What does "on the contrary" mean?

On the contrary, although, when in fact. An introductory statement of a formal document. The term whereas is used two ways in the law. It is derived from Middle English and can mean "on the contrary," as in the sentence, The orange juice can label said "fresh squeezed," whereas the contents were made from orange juice concentrate.

Did Achilles ever overtake the tortoise?

The absurd answer (that Achilles could never overtake the tortoise) resulted from this: that motion was arbitrarily divided into discontinuous elements, whereas the motion both of Achilles and of the tortoise was continuous. View in context.