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This is a dictionary of the language of the law as used in America today. Most of this dictionary is written in ordinary English. Most of the words that lawyers use in writing and talking about the law are the ordinary words that fill the dictionaries of the English language. They have a place in this dictionary when the law gives them a specialized sense; or to emphasize that there is none. Too often an apparent change in sense results not from the law but from bad grammar or redundancy; or from an unsorted host of possible meanings jumbled together and left to the vagaries of interpretation. At the other extreme, individual cases, each walled in by its own distinctive facts and law, may give an immaculately narrowed sense, but neither generalized definition nor standards for the gradation of sense that is the essence of clear usage. A small number of citations to cases of special relevance to word usage are included in this dictionary. The citation count does not measure the indebtedness of this dictionary to old and current sources of American legal usage. The definitions and examples of usage in this dictionary have roots in the law reports of thousands of litigated cases; in law writings formal and informal, profound and trivial; in the talk of lawyers and judges in court and out--the formal and the informal--colloquial and slangy, talk that is precise and talk that is mush; in a long line of dictionaries past and present--law dictionaries, and dictionaries of English and its usage. Drawing from all those sources, the definitions and examples are shaped by more than a half-century of personal immersion in the oral and written language of the law, as law student, practicing lawyer, professor, and writer. And something has been added. This dictionary is designed to sort out the words used in the law, and to identify the different senses in which each is used, and can be used. With cross-reference, it tells how words are related to each other and separated for each other, so that discrimination and choice of usage are possible. Words are grouped together as identical, similar, disparate, departing from or paralleling the usages of ordinary English. Where usage is not uniform, the dictionary comments on what is better, best, and worst. The dictionary concentrates on general legal usage for a profession practicing in the American common law tradition . . . The dictionary does not detail the multitude of other jurisdictional variations, but calls attention to the fact of variation. Although the distinction is often difficult to make, this is a word dictionary, not a short legal encyclopedia. Technicalities in general legal usage are included, but not the intricacies of learning in specialized fields of the law. There is no standard legal pronunciation. Pronunciation is included here when it is unusual, exotic, controversial, or needed to prevent confusion. Pronunciation is rendered in simplified phonetics. American law dictionaries go back to 1839. This one is new and different. --David Mellinkoff, from the Preface
This book tells what the language of the law is, how it got that way and how it works out in the practice. The emphasis is more historical than philosophical, more practical than pedantic.
A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
This history of legal language slices through the polysyllabic thicket of legalese. The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.
This study concentrates on three major issues creating a basis for the making of the "Czech-English Law Dictionary with Explanations", namely language, including terminology, in both the Czech and Anglo-American systems of law; the process of legal translation; and the lexicographic method of producing a bilingual law dictionary. Terminology has been considered the most significant feature of language for legal purposes. It encompasses a wide range of special-purpose vocabulary and higher syntactic units, including legal jargon. Conceptual analysis is to be pursued whenever an identical term in the target language does not exist or its full equivalent is in doubt. Legal translation should be based primarily on comparative legal, linguistic and genre analysis in order to make the transfer of legal information as precise, accurate and comprehensible as possible. The primary objective of legal translation is for the target recipient to be provided as explicit, extensive and precise legal information in the target language as is contained in the source text, complemented (by the translator) with facts rendering the original information fully comprehensible in the different legal environment and culture. A dictionary which will help its users to produce legal texts in the target language should be founded upon a profound comparative legal and linguistic analysis that will (a) determine equivalents at the levels of vocabulary, syntax and genre, (b) select the appropriate lexicographic material to be included in the dictionary, and (c) create entries in a user-friendly manner.
Written in a deliberate and concise manner, devoid of United States colloquialisms, Drafting Contracts in Legal English: Cross-border Agreements Governed by U.S. Law is designed for classroom use as well as self-study. Teaching a strategic approach and sequential steps to drafting contracts, the text includes examples and exercises based on cross-border agreements such as distribution agreements, licensing, franchises and equipment leases. Special drafting issues in cross-border agreements are also considered: choice of language clauses, choice of forum clauses, indemnification provisions, force majeure clauses, counterpart clauses, international alternative dispute resolution clauses, and the choice to opt in or out of the CISG. By providing appropriate explanations of United States law, the text increases student comprehension as suggested drafting approaches are placed in legal context. This unique guide discusses the purpose of and provides drafting tips for contract parts, contract organization and formatting, basic contract provisions, letters of intent, and the craft of reviewing and revising contracts. End-of-chapter exercises test overall comprehension and apply drafting concepts presented in the chapter. To increase the non-native speakers lexical range, vocabulary is derived from a statistical analysis of thousands of authentic contracts. To help with contract sentence structures that are challenging for non-native speakers, syntax structures are based on comparison to databases with authentic contracts. A glossary of contract terms is based on frequency counts from thousands of authentic contracts and usage in text, contextualized and cross-referenced with most common collocations.
Legal Writing: Process, Analysis, and Organization, Seventh Edition by the 2017 Burton Award recipient and renowned author, Linda Edwards, is the only legal writing text that uses a process approach, presenting writing as a logical sequence of steps. Streamlined to meet the needs of today’s students, the Seventh Edition uses adult learning theory concepts and a “flipped classroom” approach to add even greater focus and efficiency to classroom and study time. Key Features: New Chapter (4) on working with statutes. Updated chapter on citation Improved coverage of brief-writing Streamlined chapter on letter writing to better meet the need of a first-year course. Modern process approach, with streamlined content for better absorption by students Clear and informal language Helpful appendices offering sample of office memos, sample letters, and appellate briefs.
This concise paperback focuses on the nuances of legal writing style and provides novice legal writers with the skills they need to polish their writing. Guide to Legal Writing Style, Fourth Edition, intended as an ancillary to any basic legal writing text, expands what students learn in their first-year courses by providing additional techniques and style tips that will help make their writing more precise, readable and elegant. This highly regarded paperback, specifically directed at legal writers, offers crisp, pointed advice written in a personal and humorous style lucid organization that helps students find the information they need most, including practice with basic skills and helpful advice on organization, sentence structure, word choice, punctuation, and formatting an emphasis on legal ethics throughout, with most of the examples and exercises focusing on ethical issues a chapter on organization that compares and contrasts undergraduate terms and goals with those expected by a legal audience a guide that helps students guard against plagiarism short, end-of-chapter exercises, with the answers at the back of the book, that strengthen skills and provide opportunities for self-testing Special features in the Fourth Edition include: an updated interactive CD-ROM with multiple exercises to reinforce the materials in the book, which includes updated and expanded tests of basic skills and click-on answers and explanations a new chapter testing common errors in professional writing, with explanations as well as succinct answers new checklists that reinforce essential advice of each chapter