UM ENGLISH FOR LAW LIA 2010

HANDOUT efl.1.22

LEGAL ENGLISH, WORDS AND PHRASES

PART A: OBJECTIVES

(1) To be familiar with some common words and phrases used in law.
(2) To be familiar with some Latin words and phrases frequently used in law.
(3) To practise using them.

PART B: LATIN WORDS AND PHRASES

(1) (2)

Stare decisis Sine die

Ratio decidendi Sui generis

Obiter dicta Prima facie

Ipse dixit Ab initio

Per incuriam Ipso facto

Ejusdem generis Quid pro quo

Noscitur a sociis Status quo

(3) (4)

Bona fide Habeas corpus

Mala fides Non est factum

Coram Mutatis mutandis

In limine In pari materia

In camera A fortiori

Ad hoc Modus operandi

Ex parte Per se

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 PART C: ENGLISH WORDS1 COMMONLY USED IN LAW

(1) (2)

Redress Second

Restore Seconded

Reparation Affirm

Restitution Endorse

Remedy Revoke

Damage Dismissed

Damages Discharged

Contention Fortified

Evident Attest

Evidence Testament

(3) (4)

Liable Conditional

Culpable Subject to

Charged with Repeal

Charged for Rescind

Hang Misplace

Hung Misguided

Act In good faith

act Conjecture

Counsel Prescribed

Council Conjecture

1Where any word or expression is used herein such use shall be deemed to extend mutatis mutandis to the
grammatical variations and cognate expressions of such word or expression.

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 PART D: PHRASES COMMONLY USED IN LAW

GROUP (1)

With all due respect to my learned friend …

May I offer a different opinion …

May I beg to differ …

May I bring your attention to …

May I refer to …

Reference is made to …

In respect of …

With respect to …

With regard to …

Regarding …

In this regard …

GROUP (2)

Although it may seem to be the case that …, it is not true.

Be that as it may,

Given that …

My contention is …

As the evidence shows,

There was no documentary evidence …

We are of the opinion that …

We anticipate the following problems if that course of action is taken

We can extrapolate from this evidence …

This is clear proof …

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 Could not have contemplated …

GROUP (3)

Based on the matters aforesaid,

With that in mind,

This implies …

This is premised upon …

This gives rise to the question …

Flowing from this, several questions arise:

Had it not been for …

I fail to see the relevance in …

My learned friend has not made out his case …

Sweeping generalisation

If it were …

If it was …

GROUP (4)

Comparing apples with oranges

Second bite at the cherry

I put it to you …

Save as is otherwise expressly provided …

Without derogating from …

Without prejudice to

Subject to contract

Red herring

Smoke screen

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 It is trite

Rendered otiose

Beside the point …

NOTES:

(1) There are thousands of Latin and English words and phrases used in the legal world
and we cannot possibly list them all here. These are just a few for familiarity’s sake.
(2) Recognise that one word has different meanings in Legalese v layman language; eg
“consideration”, “swear” and sometimes, the meaning of a capitalised word is
different from one that is not.
(3) Recognise that definitions are very important in EFL. A lot of what you do and
achieve in law depends on definitions and the correct usage of words and phrases.
(4) Pronunciation is also very important; eg “seconded”. Two different meanings when
used and pronounced differently.
(a) Mr Thomas was seconded to the AG’s Chambers.
(b) The motion to appoint Mr Thomas was seconded by Mr Razak.
(5) Subjunctives: often ignored but vital for good English.

END

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