What is another word for legal jargon?
What is another word for legalese?mumbo jumbononsensejargonabracadabrababblebalderdashblabberblatherbletherburble121 more rows
Is there a word legalese?
Legalese informally refers to specialized terminology and phrasing used by those in the legal field and within legal documents. Legalese is notoriously difficult for the public to understand.
What is meant by legalese?
/ˌliː.ɡəlˈiːz/ language used by lawyers and in legal documents that is difficult for ordinary people to understand. Forms of languages & specialist dialects.
What's an example of legalese?
Legalese refers to technical terms used in the legal field that are not often easily-understandable to non-lawyers. One example of a term commonly used in the legal profession is breach of contract. This means that one of at least two parties has violated the terms of a contract.
Why do lawyers use legalese?
They read the written rulings from the old cases and use them to guide their decisions in the current ones. This helps to bring predictability and consistency to the law. It also makes it easier for lawyers to predict the outcome of similar cases they are handling for clients.
How do I write in legalese?
Excellent legal writing takes work....How can you Avoid Writing in Legalese?write shorter sentences rather than longer ones – look for inline semicolons, the word “and”, and sentences with more than one concept in them.write shorter paragraphs rather than longer ones.avoid Latin, always.More items...
Why is legalese not used in writing?
1. Do not use legal argot in an effort to "sound like a lawyer." There are many words and phrases one might associate with legal writing but which have a tendency to obscure the meaning of a sentence.
What is legalese in purposive communication?
Legal Language or Legalese is highly characterized by archaic expressions, technical jargon intrinsic only in the community of legal professionals, embedded structures, nominalizations, passive voice, as well as long, kilometric sentences which are not the features of textese or language of texts.
How can I stop legalese?
Legalese is even easier to avoid—simply don't accept a contract drafting from your lawyer that you don't understand. More importantly, don't accept work from your lawyer that your clients can't understand.
What is bail in criminal law?
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
What is the appellant in a lawsuit?
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
What is capital offense?
capital offense - A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason. case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation.
Can a felony be brought to federal court?
In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts. felony - A crime carrying a penalty of more than a year in prison. file - To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Where did the common law originate?
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.
What is an appeal in court?
Appeal. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the "appellant;" the other party is the "appellee.".
Why is legalese not plain English?
Why not plain English? Part of the reason why Legalese can seem so unfamiliar to a layperson is so that a word or phrase can have a very specific meaning in law that is completely different when used outside of it. If common words are used, it might be confusing to know which context the word or phrase is used in.
Why do we use legalese?
Using legalese also in some ways allows for precision because law students and lawyers are required to know the specific and precise meaning of each of these legal terms, and all the things that go with it. Another way to look at it is that it provides consistency.
What is the term for the law that is based on precedents and past cases?
The law has been around for a very long time, and a lot of law is based on precedents and past cases to interpret the law today. This is called Stare decisis (defined further below). This means that many of the legalese used today was used hundreds of years ago and why many legal terms sound antiquated and old.
Why is legalese used?
Legalese continues to be in use partly because it saves time. It can be challenging to explain a complicated legal concept fully while also keeping it brief. If you’ve ever watched the Simpsons, you may recall Bart Simpson yelling about a force majeure, which is used to describe unforeseeable circumstances that prevent someone from fulfilling a contract. There is a lot more to the concept than just that, and legal people know this and all this complexity can essentially be boiled down and condensed into two Latin words.
Is legalese confusing?
Legal terms can be extremely confusing for laypeople, yet lawyers seem to employ them at whim. Every law school student is required to learn this, so they pick it up over their years in law school, use it in their professional lives daily and eventually might not even realise they are using it. These legal terms is legalese. While some think that legalese may confuse and alienate their clients and laypeople, there are others who remain firm proponents of it.
Do lawyers have to know the language of the law?
Just as a doctor is required to know a great deal about technical terms when they diagnose and treat patients, lawyers must also know the language of the law to do their work effectively. This is partly why clients pay lawyers fees.
Is legalese bad for you?
As this article discussed, legalese serve s a useful function and is not necessarily bad. However, there is a time and place for legalese. For example, using legalese correctly when drafting contracts can help the document achieve clarity and precision when read by someone with legal training.
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 law wire?
Law Wire highlights views expressed by American University Washington College of Law faculty, students, and alumni on current legal topics in the U.S. and around the world.
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.
Where is the probate court glossary?
The Probate Court Glossary can be found in Chapter 12 of the Probate Judges Manual.
What does amend mean in court?
Amend – Improve, correct or change a complaint or other pleading. Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
What does "ad litem" mean?
Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Administrator - (1) One who administers the estate of a person who dies without a will.
What is an order in law?
Order: A written direction of a court or judge to do or refrain from doing certain acts.
What is the meaning of "jury" in law?
Jurisdiction: Power and authority of a court to hear and make a judgment in a case. Juror: Member of a jury. Jury Charge: The judge's formal instructions on the law to the jury before it begins deliberations. Jury Instructions: Directions given by the judge to the jury concerning the law of the case.
What is adult probation?
Adult Probation: A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the court.
What is a juvenile in criminal law?
Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court.
What is adult court transfer?
Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile Detention Center to the State Department of Correction.
What is an assistant attorney general?
Assistant Attorney General: An attorney who represents a state agency in civil cases. Attachment: A lien on property or assets to hold it to pay or satisfy any final judgment. Attorney of Record: Attorney whose name appears in the permanent records or files of a case.
What is an alternative punishment?
Alternative Sanctions: Criminal punishment that is less restrictive than incarceration. Amicus Curiae brief: A Latin term meaning “friend of the court.”. An Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome.
