Characteristics of Legal Language

 Phrasal verbs
 The use of common words with uncommon meanings
 Double synonyms also known as tautologies
 Loan translations
 The use of Old English words
 French words not commonly used in the English vocabulary
 Terms of art
 Jargon
 Latin terms

Principal characteristics of the language of the common law

Use of phrasal verbs
 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 off debts etc.
Frequent use of common words with uncommon legal definitions
There are numerous examples including the following:
 an action means a law suit
 to alienate means to transfer property
 an application is a formal request for action by a court
 consideration is the exchange value in a contract
 a counterpart is a duplicate of document
 a deed is a contract under seal
 executed – a signed contract
 an infant means a minor
 an instrument is a legal document
 master means employer
 a party is a person contracting or litigating
 pleadings are documents filed with the trial court
 save means except
  to serve means to deliver legal papers
 servant means an employee
 without prejudice means without loss of any rights
Double synonyms (tautologies)
The joining of two synonyms, one usually French in origin and the other English, to ensure
understanding of at least one of the words.
Examples include :
 aid and abet
 breaking and entering
 bribery and corruption
 deem and consider
 final and conclusive
 fit and proper
 give, devise and bequeath
 goods and chattels
 hue and cry
 keep and maintain
 maintenance and upkeep
 null and void
 peace and quiet
 will and testament
Loan Translations
 These examples of English translations of foreign legal terms have become terms of
art or jargon in the English legal language.
 action on the case - action sur le cas
 burden of proof - onus probandi
 civil death - mors civilis
 dead-hand – mortmain
 friend of the court - amicus curiae
 goods and chattels - bona et catalla
 last will - ultima voluntas
  law of the merchant - lex mercatoria
Old English and Middle English
These words are frequently found in English legal documents. It is no longer considered good
style however to include them in modern legal drafting:
 aforesaid, aforementioned, forthwith
 hereafter, herein, hereof
 whatsoever, whensoever, wheresoever, whosoever
 said, such, same
 thence, thenceforth
 thereafter, thereat, thereby, therefor, therein, thereto, thereupon
 whereby
 witness, meaning testimony by signature or oath as in: "In witness whereof, I have set
my hand..."
 witnesseth, old English present indicative, third person singular form - meaning to
provide formal evidence
Terms of Art
Words of art are words having a precise and specific meaning in the legal field. It is
important to use the technical word in its proper context and to distinguish terms of art from
mere jargon. A word which was originally jargon may become a term of art over the course
of time. On the other hand words which at one time were terms of art, may eventually fall
into disuse and become archaic.
Examples include the following :
 agency
 appeal
 garnishment
 bail
 injunction
 contributory negligence
 letters patent
 novation
 domain
 stare decisis
 indictment
  tort
French words not in the general vocabulary
 chose in action
 escrow
 esquire
 estoppe
 fee simple
 fee tail
 indictment
 laches
 lien
 quash
 suit
 tort
 verdict
 voire dire
Jargon
Jargon can be explained as useful shorthand for presenting ideas amongst legal professionals
which would ordinarily need more lengthy explanations to non-legal professionals. For
example, the phrase "case on all fours" means a reported case in which the facts and law are
so closely similar to the one to be decided as to be indistinguishable from it and therefore, a
precedent applies. The intended audience should be primarily
 Lawyers: The shorthand jargon phrase, useful as it is to lawyers, may remain obscure
to most lay persons. Some jargon may equally be categorized as a Latin term and vica
versa.
 at issue
 case at instance
 cause of action
 clean hand scloud on title
 on all four
 pierce the corporate veil
 prescriptive right
  reasonable man
Latin Terms
 Actus reus
 affidavit
 obiter dicta
 alias
 pari passu
 alibi
 per capita
 bona fide
 per stirpes
 caveat