Introduction

Chapter 1 Introduction

Legal English is the style of English used by lawyers and other legal professionals in the course of their work. It has traditionally been the preserve of lawyers from English - speaking countries(especially the U. S. , 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 businesses well as its role as a legal language within the European U- nion,legal English is now a global phenomenon.

Law is everywhere in the United States. The daily newspaper and the evening news report about the latest sensational criminal trial, massive lawsuit, or constitutional claim. Because law is everywhere,the language of the law is everywhere,too. New stories,television shows,and le­gal transactions are filled with special words and phrases. To learn legal English well,one must study the features of legal terms or jargons first.

Law must contain technical terms,but" technical" does not have to equate to " incompre­hensible" . In a democratic society,law belongs not to the lawyers but to the people,and ordina­ry people need to be able to understand the law. That is the purpose of this chapter; to make the language of the law accessible to the layperson and the beginning student of the law.

When you encounter an unfamiliar legal term or phrase, you should make it a habit to look up that word not only in a bilingual dictionary but also in a good, English language law diction­ary. You must do this because many words that appear to be familiar will have very different meanings in American law. For example,the functions of a" notario" in Spain or Latin America are much more extensive and significant than the functions fulfilled by a" notary" in the United States.

When you look up a word in an English language law dictionary, you will usually learn not only that word but other words as well. By doing so, you will learn more about the legal concepts you are studying. You know already that many words are capable of multiple meanings. Even a simple word such as "issue"

    The process by which a judge will approve a police officer’s request for a search war­rant ; or

    The    children of a testator(someone who has written a will).

Some people say that finding alternative meaning for words is at the heart of the lawyer’s craft. Consider this quotation from John Marshall,the" Great Chief Justice"of the U. S Supreme Court;

Such is the character of human language, that no word conveys to the mind, in all situation, one single definite idea; and nothing is more common than to me words in a figurative sense. Al­most dll compositions contain words, which, taken in-••their rigorous sense, would convey a mean­ing different from that which is obviously intended.

You may also have the experience that the terms here are too difficult. Remember that this course is only an introduction - you will encounter these words and phrases in the future. You will have other opportunities to learn more about these terms. Do not be discouraged if you are having difficulties - you are being challenged and you can rise to meet that challenge. Ameri­can law students often encounter similar difficulties as they begin their studies; many words that were once familiar are no longer so in the context of specific legal documents.