Legal english

Páginas: 5 (1172 palabras) Publicado: 9 de abril de 2011
LEGAL ENGLISH
Teacher: Miss Silvia Suéscum, Attorney at Law

WEEK 1

MARCH 12TH - 13TH, 2011

INTRODUCTION TO LEGAL ENGLISH

WHAT IS LEGAL ENGLISH?

It is the way that the English language is used by professionals trained in Law in the performance of their activities.

Legal English is based in standard normal English but the formalities, style, structure, peculiar context andterminology make it very interesting for professionals who are not native speakers of English.

It is very important for modern lawyers at the moment of preparing legal documents for example: contracts, case reports, judgments, etc.

PURPOSES OF LEGAL ENGLISH:

a) To be able to recognize, understand and prepare legal documents.
b) To learn legal terminology.
c) To improve the knowledgeof the English language.

DIFFERENCE BETWEEN STANDARD ENGLISH AND LEGAL ENGLISH

STANDARD ENGLISH is the international language of business and global phenomenon and it is used almost everywhere in the world.

Some of the differences between them are:

a) Use of terminology.- Terminology that has a technical meaning and is not generally familiar to people who is not in the legal scene.b) Use of words and phrases derived from French and Latin.- For example: ipso facto, habeas corpus, mens rea, nulla poena sine lege.

c) The use of ordinary words in peculiar context.- Simple words of standard English that have a different meaning inside a legal context. For example: Party in standard English = celebration.
Party in legal English = a person in a legal matter.Minute in standard English = short period of time.
Minute in legal English= memorandum, official record of what was said and done in a meeting.

d) Lack of punctuation.- It is used to give clarification about meaning.

LEGAL WRITING

It is the type of technical writing used by lawyers, judges, etc. to express a legal analysis, opinion or when preparing a document.

Some ofits characteristics are:

a) Authority.- The writer must direct the document and its statements with citations to an authority. For example when you talk to a judge you must refer to him as Your Honor, Honorable Judge.

b) Precedent.- It is the way that something has been done before. For example a lawyer who has to prepare a contract can re-use an old format with limited changes like thename of the parties, place, time, etc. It is re-usable for example a minute in a public deed.

c) Vocabulary.- The use of technical terminology and specialized words unique to law for example: judgment, lawsuit, plaintiff, defendant, etc.
d) The use of words and phrases from other languages. For example: a quo, sui generis. Those words as you can see are also used by lawyers that speakSpanish.

e) Formality.- The use of formal style and long sentences to give the document the importance and seriousness of the circumstances. Do not use contractions for example: “do not” instead of “don’t”.

DEFINITION OF LAW

a) A rule that is supported by the power of government and that controls the behavior of the members of society.

b) It is the written statute, ordinance orregulation endorsed by the government or authority to regulate the governance of the society by deciding the rights and obligations of the people.

c) The whole set of such rules.

d) A field of academic discipline.

Examples of the use of the word Law:

• The criminals that break the law must be punished.
• The laws must be approved by the Congress.
• John studies lawin the Universidad de Guayaquil.
• The goal of the justice system is to establish law and order.

SOURCES OF LAW

Law has developed through time according to the changes in civilized society such as:

a) Ten Commandments.- It is the set of ten rules of living and religious observance that God gave to Moses. They are the obligations of morality and religion that most countries...
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