Here are some important points in the debate over “legal language” versus “plain language” as a permanent standard for legal writing: Protem: Abbreviation for pro tempore, which means “for now”. In legalese, pro temis is often used to describe a judge or lawyer who temporarily fills a vacancy. At first glance: “First glance; First glance. In law, this word is often used as an adjective to suggest that an argument is sufficient in fact or in law, unless it is refuted otherwise. Latin terms that should be in italics (there are dozens more) Here is the short answer to the question of when a Latin word or phrase should be used: rarely. Some Latin words and phrases are inevitable in the legal literature. But like pharmacy aftershave, a bit goes a long way. Writing in plain English requires writers to remove 50-cent words and legal language, including Latin phrases. Use a Latin expression only if there is no English equivalent. This is a glossary of legal terms. Terms that are in a foreign language are italicized in their title, and the word or phrase in italics is in Latin, unless its definition indicates that the term in italics comes from another language. There is also a much longer list of appendices: Legal terms, without definitions, in Latin.
There is an American bias in some definitions; Although many of these terms are used in other jurisdictions with the same or similar meaning. Legal writing involves analyzing patterns of fact and presenting arguments in documents such as legal notes and briefs. [1] A form of legal writing is the provision of a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive and advocates a legal position. Another form of legal drafting is to draft legal instruments such as contracts and wills. [2] Legal brief is the most common type of predictive legal analysis; It may contain the client`s letter or legal opinion. The legal memorandum predicts the outcome of a legal issue by analyzing the authorities responsible for the issue and the relevant facts that led to the legal issue. It explains and applies the authorities in predicting an outcome and ends with advice and recommendations. The legal memorandum also serves as an account of research on a particular legal issue. Traditional and to meet the expectations of the legal reader, it is formally organized and written. Sometimes Latin words and phrases are in italics and sometimes not. According to Bluebook and the ALWD Guide to Legal Citation, you should not italicize a foreign word or phrase if it is used so frequently that it is now part of the English lexicon.
I think I should stop italicizing the taco. Italics format Latin phrases that are very long and those that are outdated or unusual. (But if it`s outdated, you might wonder why it appears in your letter.) So when is a Latin word no longer foreign? Bluebook and the ALWD Guide provide non-exhaustive lists of examples. Here are some of them: Id.: Abbreviation of idem, which means “the same”. In the legal citation, id. is used to indicate that a source is identical to the previous one. This protocol is still the rule. After the first mention of a species name, the genus can only be abbreviated to the first letter, but must always be in italics (e.g. C. lupus). Once you have determined that the use of Latin is appropriate, decide whether you want to italicize the word or phrase.4 It is a common misconception to believe that a word or phrase should be italicized because it is Latin.
On the contrary, Bluebook Rule 7(b) states that “Latin words and phrases commonly used in legal literature should be considered in common use in English and should not be italicized.5 However, very long Latin phrases and obsolete or unusual Latin words and phrases should remain in italics.” It also includes some examples of Latin words and phrases that are “often used in legal drafting.” 6 To determine whether a Latin word or phrase that does not appear in Rule 7(b) is “frequently used in the literature” or “obsolete or unusual” without making an arbitrary decision itself, see the latest edition of Black`s Law Dictionary.7 For simplicity, the following tables, which are not exhaustive, contain the examples given in Rule 7(b) and others: Examples not listed in Rule 7(b): as noted in Black`s Law Dictionary (10th edition 2014).8 The Latin word id. is always in italics (including the period after the “d”). Note that id. is used to refer to the immediately preceding citation in a document, but ONLY if the immediately preceding citation contains only one authority. If you identify. In a footnote, it may only be used if the quotation immediately preceding is in the same footnote or in the immediately preceding footnote and that footnote contains only one authority. If you are responsible for citing documents, keep this in mind. And if you are responsible for entering documents, remember also, in addition to the italics of the period after the ID. These are important (and overlooked) details. ABOUT AUTHOR Elizabeth Ruiz Frost teaches legal research, writing and other courses at the University of Oregon School of Law. Ultra vires: “beyond power”. Ultra vires is used to describe an act performed without the proper legal authority.
Recent Comments