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A
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Legal language
Legal writing in English has developed over
hundreds of years and is characterised by a specific features, some of
which can make it difficult for the non-lawyer to understand. Characteristics
of legal writing include; using Latin terms (see text B below); using
technical terms (‘subsidiarity’); using old-fashioned words not much in
general use; using pairs of words with a reciprocal relationship (‘lessor’/’lessee’);
using legal jargon (‘without prejudice to;) including the use of pairs of
words (‘terms and conditions’), or triplets (‘build,
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B
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Latin terms
There are many Latin terms in written English legal text, although
recent reforms in the English justice system have encouraged the use of
English rather than Latin. Some Latin terms are used so frequently that
they are in general English use (e.g., ad hoc, bona fide, pro rata, etc.).
it is useful to be able to recognise their meaning and a dictionary or
online glossary will help. Forms of pronunciation vary.
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ad hoc – for this purpose
affidavit – witnessed,
signed statement
bona fide – in good faith
caveat – warning
de facto – in fact
de jure – by right
et cetera(etc.) – and so on
exempli grata (e.g.) – for example
ex parte (ex p.) – by a
party without notice
id est (i.e.) – that is
in camera – hearing a case
in private
in curia – in open court
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C
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Older
words and modern equivalents
A number
of linking terms are used in older written legal texts (case reports,
legislation, court documentation, contracts, etc.) to refer to other parts
of the same text, to different legal documents, or to related contexts.
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the aforementioned/the
foregoing – set out above/written above
the undermentioned – set out
below/written below
hereafter – after this
hereby – in this way/ by
this
herein – in this (document)
hereof – of this
hereto – to this
herewith – with this
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EXERCISES
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18.1
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Underlined the characteristic features of
legal writing mentioned in A opposite (for example, using old words) in the
following consumer contract terms (1-3). Then complete the revised versions
terms (1-3). Pay attention to the grammatical context.
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1
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This
Agreement and the benefits and advantages herein contained are personal
to each Member and shall not be sold, assigned or transferred by the
Member.
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a
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………. Is not
transferable.
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18.2
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Match the sentences containing Latin terms (1-7) with the sentences
which have similar meaning (a-g). Look at B opposite to help you.
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1
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There is a prima facie case to answer.
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2
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They have
entered a caveat.
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3
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Their action was ultra
vires.
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4
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The
newspaper cannot report details of the case because it is sub judice.
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5
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An ex parte application was
lodged at the court.
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6
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The court
sat in camera.
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7
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An ad hoc committee was
formed. 
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