Introduction

Task 1. Read the text to understand what information is of primary importance or new for you.

LEGALESE

Legalese is an English term first used in 1914 for legal writing that is designed to be difficult for laymen to read and understand, the implication being that this abstruseness is deliberate for excluding the legally untrained and to justify high fees. Legalese, as a term, has been adopted in other languages. Legalese is characterized by long sentences, many modifying clauses, complex vocabulary, using Latin terms and old-fashioned words not much in general use, high abstraction, and insensitivity to the layman's need to understand the document's gist. Legalese arises most commonly in legal drafting, yet appears in both types of legal analysis.

Perhaps most obviously, legalese suffers from being less comprehensible to the general public than plain English, which can be particularly important in both private (e.g., contracts) and public matters (e.g., laws, especially in democracies where the populace is seen as both responsible for and subject to the laws).

Regardless of its objective merits or demerits when compared to plain English, legalese has a clear importance as a professional norm. As such, lawyers, judges, and clients may expect and prefer it, although no client or judge has ever actually expressed such a preference publicly.

Legal English is the style of English used by lawyers and other legal professionals in the course of their work. It has particular relevance when applied to legal writing and the drafting of written material, including:

• legal documents: contracts, licences, etc.

• court pleadings: summonses, briefs, judgments etc.

• laws: Acts of parliament and subordinate legislation, case reports.

• legal correspondence.

Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the USA, the UK, Canada, Australia, and New Zealand) which have shared common law traditions. However, due to the spread of English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. There is a movement to draft legal texts in standard, modern, “plain” English, but any change will be slow.

Task 2. Read Latin terms and their English equivalents. Match the sentences containing Latin terms (1 - 7) with the sentences which have similar meaning (a - g). Translate them.

Ad hoc – for this purpose

Bona fide – in good faith

Caveat - warning

De facto – in fact

De jure – by right

Et cetera (etc.) – and so on

Exempli gratia (e.g.) – for example

Ex parte – by a party without notice

Id est (i.e.) – that is

In camera – hearing a case in private

Inter alia – among other things

Per pro – on behalf of another

Per se – by itself

Prima facie – at first sight

Pro rata – in proportion

Quasi – as if it were

Sub judice – in the course of trial

Ultra vires – beyond the power

Videlicet (viz) – namely

1. There is a prima facie case to answer.

2. They have entered a caveat.

3. Their action was ultra vires.

4. The newspapers cannot report details of the case because it is sub judice.

5. An ex parte application was lodged at the court.

6. The court sat in camera.

7. An ad hoc committee was formed.

a) They acted in a way which was beyond their legitimate powers.

b) An application for an injunction was made to the court by one party and no notice was given to the other party.

c) The case was heard in private, with no members of the public present.

d) They have warned us they have an interest in the case, so they will need notice before we take any further steps.

e) A committee was set up for the particular purpose of investigating the issue.

f) The action should proceed because one side has shown there seems to be sufficient evidence.

g) The case cannot be mentioned in the media if it is likely to prejudice court proceedings.

UNIT I

Pre-reading task

Discuss the following questions:

1. Provide examples of the social, economic and political problems which are shared by the World Community.

2. Give the names of some international organizations.

3. Think of some important differences between international and domestic laws.

4. In what way can international laws be enforced?

Task 1. Read the text to understand what information is of primary importance or new for you.