LEGALESE AND LEGAL SYSTEMS

Task 1. Read the text and insert the appropriate categories of legalese.

a) Loan words and phrases from other languages

b) phrasal verbs


c) word order


d) doublets and triplets

e) Everyday words that when used in law have different meanings

f) -er, -or, and -ee name endings


g) Specialized words and phrases


h) Archaic vocabulary từ cổ

i) sentences are usually long and complicated

Legalese

Legalese is an English term first used in 1914 for legal writing that is di cult for non-lawyers to
understand. The term has been adopted by other languages. Legalese is legal writing that is
characterized by long sentences, numerous modifying clauses, complex vocabulary, high levels of
abstraction, and a general lack of sensitivity to the needs of the non-legal reader.

Legal writing makes extensive use of technical terminology. This distinctive vocabulary can be
classified in these categories:

1. __________
g unique or nearly unique to law, such as tort, fee simple and novation.

2. __________
e from the everyday usage, such as action (a lawsuit, not movement), consideration
(support for a promise, not kindness), execute (to sign, not to kill), and party (a principal in a
lawsuit, not a social gathering).

h
3. __________: legal writing employs a fairly large number of outdated words and phrases that
were formerly part of everyday language but are today rare except in law. Some date from
the 1500s. Most are long-abandoned outside the law. Some English examples are herein,
hereto, hereby, heretofore, whereas, whereby (as a way of avoiding the repetition of names

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 of things in the document – very often, the document itself. For example, the parties hereto
instead of the parties to this contract); also such words as said and such as adjectives. The
use of such pronouns in legal texts is interesting since very frequently they do not replace
the noun – which is the whole purpose of pronouns – but are used to supplement them. For
example, the said John Smith. 


4. __________:
a In English, this includes terms derived from French (such as estoppel, laches, and
voir dire) and Latin (both terms of art such as certiorari, habeas corpus, and prima facie;
and non-terms of art such as inter alia, mens rea, and sub judice). These foreign words are
not written in italics or other distinctive type as is customary when foreign words appear
in other English writing. 


d
5. Use of __________. There is a curious historical tendency in legal English to string together
two or three words to convey what is usually a single legal concept. Examples of this
include null and void, t and proper, perform and discharge, dispute, controversy or claim,
and promise, agree and covenant. Such constructions must be treated with caution, since
sometimes the words used mean, for practical purposes, exactly the same thing (null and
void); and sometimes they do not quite do so (dispute, controversy or claim). 


c
6. Unusual __________. At times, the word order used in legal documents appears distinctly
strange. For example, the provisions for termination hereinafter appearing or will at the
cost of the borrower forthwith comply with the same. There is no single clear reason
explaining this phenomenon, although the in uence of French grammatical structures is
certainly a contributing factor. 


7. __________.
f Legal English contains a large number of names and titles, such as employer and
employee, or lessor and lessee, in which the reciprocal and opposite nature of the
relationship is indicated by the use of alternative endings. This practice derives from Latin.



b
8. Use of __________. Phrasal verbs play a large role in legal English, and are often used in a
quasi- technical sense. For example, parties enter into contracts, put down deposits, serve
[documents] upon other parties, write o debts, etc. 


9. Because of the meticulous nature of the composition (by legal experts), in legal texts,
__________.
i E.g. “Signing and attestation of wills. No will shall be valid unless- 
(a) it is
in writing, and signed by the testator, or by some other person in his presence and by his
direction; and 
(b) it appears that the testator intended by his signature to give effect to the

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 will; and 
(c) the signature is made or acknowledged by the testator in the presence of two
or more witnesses present at the same time; and 
(d) each witness either—
(i) attests and
signs the will; or
(ii) acknowledges his signature,
in the presence of the testator (but not
necessarily in the presence of any other witness), but no form of attestation shall be
necessary.” 


Task 2. MATCH THE LEGAL TERMS WITH THEIR DEFINITIONS

Terms Definition
a) a complete written formulation of a body of law; a set of laws
1) common law
f
b) the doctrine stating that the liberty of an individual is secure
2) continental/civil law l only if the three primary functions of the state (legislative,
executive and judicial) are exercised by distinct and independent
3) judicial precedent i
organs
4) case law k
c) a lawyer in England who has an exclusive right of audience in
5) code
a all the superior courts

6) separation of powers b d) a type of practicing lawyer in England who handles primarily

office work
7) solicitor d
e) the body of law which regulates rights and duties among
8) barrister c citizens and governments, such as civil rights and responsibilities
hệ thống tố tụng thẩm vấn in civil law, crimes and punishments in criminal law
9) inquisitorial system m
ht tố tụng tranh tụng f) a law system in which legal decisions are based on judicial
10) adversarial system o precedents
11) public law
j
g) the body of law defining the rules by which a court hears cases
12) private/civil law n in civil and criminal proceedings, as well as the method and
means by which substantive law is made and administered
pháp trị
13) the rule of law h
h) the principle that all people and institutions are subject to and
luật nội dung
14) substantive law e accountable to law that is fairly applied and enforced; the
chuyên quyền,
luật tố tụng
principle of government by law, as opposed to arbitrary độcđoán
15) procedural law g government by individual officials; the supremacy of law

i) a legal case establishing a principle that a court may need to

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 adopt when deciding subsequent cases with similar facts

j) an area of law which governs relationship between individuals

and the state

k) the body of law set out in judicial decisions

l) a law system in which legal decisions are made by applying

statutory law

m) a system of adjudication where the court is actively involved

in investigating the facts of the case

n) an area of law which is concerned with disputes among

individuals or businesses

o) a system of adjudication in which two opposing sides arguing

a case have the primary responsibility for finding and presenting
the facts of the case and the role of the court is that of an impartial
referee deciding, but not investigating, the case

POINTS TO REMEMBER: Law and legal systems

Law systems are two major law traditions - common law and civil law – followed by most nations
today. The common-law tradition emerged in England during the middle ages and was applied
within British colonies across continents. The civil law tradition developed in continental Europe
at the same time and was applied in the colonies of European imperial powers. Common law is
generally uncodified; civil law, in contrast, is codified. hệ thống hóa, soạn thành luật

Common law (also known as case law or precedent) is law developed by judges through decisions
of courts. Civil law (or civilian law, Roman law) is a legal system originating in Europe,
cơ cấu, khuôn khổ
intellectualized within the framework of late Roman law, and whose most prevalent feature is that
its core principles are codified into a referable system which serves as the primary source of law.
The case has created a precedent upon which many people may seek similar compensation.

The legal system means the organizations and people in a country or area who work in the area of
law.

Some people think that the legal system is often seen as more concerned with the rights of criminals

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than those of their victims. She accused the record companies involved of invading her privacy
and of abuse of the legal system.

2. law/Act of Parliament/statute/enactment/legislation

A law is a rule, usually made by the government, and used to order the way in which a society
behaves. In the UK, the above mentioned words mean the same: rules passed by the legislature -
Parliament.
sở hữu vũ khí
There are laws against drinking in the street. The laws governing the possession of rearms are
being reviewed. They led the light to impose laws on smoking. This House notes that hunting with
dogs remains legal in Scotland, despite the enactment of the Protection of Wild Mammals. One of
Parliament‘s main roles is debating and passing statute law (legislation). The government has
promised to introduce legislation to limit fuel emissions from cars.

Legislation is a law or set of laws suggested by a government and made official by a parliament.
However, secondary/delegated legislation is legislation made by other state institutions, such as
ministries or local government.

Delegated or secondary legislation allows the Government to make changes to the law using
powers conferred by an Act of Parliament.

3.written law and unwritten law

Written laws are laws deriving their force from express legislative enactment, as
phân biệt
contradistinguished from unwritten, or common, law. Written law is statutory law or statute law
bằng miệng
(as opposed to oral or customary law) set down by a legislature.

Written laws are laws which have been enacted in the constitution or in legislation. Unwritten
laws are laws which are not contained in any statutes and can be found in case decisions. This is
known as the common law or case law.

4. common law/ judge-made law/ case law

All these phrases can refer to common law based on decisions that have been made by judges in
the past.

The body of past common law binds judges that make future decisions, just as any other law does,
to ensure consistent treatment. Case law is law developed by judges through decisions of courts
and similar tribunals that decide individual cases.

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5. unwritten constitutions

They are a type of constitutions where the fundamental rules of government take the form of
customs, precedents and a variety of statutes. They are unconsolidated and uncodified. The typical
examples could be the constitutions of the UK, New Zealand and Israel.

6. provision

A provision is a statement within an agreement or a law that a particular thing must happen or be
done, especially before another can happen or be done.

We have inserted certain provisions into the treaty to safeguard foreign workers.