Words in Legalese
As discussed in this article, legal language serves a useful function and is not necessarily bad. However, there is a time and a place for legal language. For example, the correct use of legal language in contract drafting can help the document gain clarity and precision when read by someone with legal training. But what if it is a text that is not intended for this audience? It is not uncommon for lawyers and other jurists to assume that laymen are familiar with these terms and use them with this assumption. This can make the law intimidating and confusing. Lawyers should switch between legal language and simply explain those legal terms to someone who is not in the law, and the big ones know when to use them. The law has been around for a very long time, and much of the law is based on precedents and previous cases to interpret today`s law. This is called stare decisis (defined below). This means that much of the legal language used today was used hundreds of years ago and why many legal terms seem outdated and old. While this gives it some charm, it can be confusing and discouraging for people who don`t know the language of the law. Let`s think back to your basketball contract.
Why is there legal language? The basketball contract is a binding agreement between you and the team. Because you are expected to behave a certain way and be held to certain standards, your understanding of expectations may be different from that of the team. To ensure everyone is on the same page, the contract details each goal to avoid loopholes and misunderstandings. Make a list of five types of agreements where you might encounter legal language. The lesson shows the example of a cell phone contract, but find five examples of your own. Common legal terms include the following, which we discussed in this lesson: An example of legal language is the terms of a contract. In a mobile phone contract could be certain conditions: the amount due each month, the customer`s obligation to pay for the phone, military exemptions or payment plans. All this can become very confusing, especially if the person does not understand his obligations when buying the phone. Below is an example of the terms and conditions of the Strawberry Mobile Phones Agreement. It deals with the guarantees provided by the company. See how many examples of legal language you can identify: Create a chart, poster, or other type of graphic organizer that lists the pros and cons of legal language.
Let`s say you sign a contract to become a professional basketball player. The contract contains many confusing terms that you are not sure about. Before you decide to sign, hire a lawyer to review the contract with you. It tells you that the legal language of a contract is sometimes too difficult for the typical person to understand. Therefore, it is important that the contract is first reviewed by a lawyer. Here are some common examples of legal language. Attached a brief definition or explanation to everyone: Legal terms can be extremely confusing to laymen, but lawyers seem to use them on a whim. Every law student needs to learn this, so they learn it during their years in law school, use it daily in their professional life, and may not even realize they`re using it. These legal terms are legal. While some believe that legal language can confuse and alienate their clients and laymen, there are others who remain strong advocates.
Legal language continues to be used, in part because it saves time. It can be difficult to fully explain a complicated legal concept while being brief. If you`ve ever seen The Simpsons, you may remember Bart Simpson yelling about force majeure used to describe unforeseen circumstances that prevent someone from performing a contract. There`s a lot more to the concept than that, and lawyers know it, and all that complexity can essentially be reduced and condensed into two Latin words. Legal language in legal documents eliminates the possibility of misinterpretation of words or phrases. In normal language, a goal can be processed in one sentence to allow for simplified understanding. In the legal profession, the same purpose could be described in several paragraphs, as it could have different meanings for different people, which could lead to unintended consequences. Some joke that lawyers use legal language so they can charge higher fees.
While this is not entirely true, as mentioned above, there may be some truth to this.