IV. Legal Latin:

a) Lawyers use Latin words and expressions when writing legal texts of every kind, from statutes to emails. Latin words and expressions are still relatively common in the legal profession. How many of the meanings on the left can you match with the expressions on the right? Make the sentences of your own using Latin expressions from this table.

1. By the operation of the law. 2. Caught in the act of committing a crime. 3. On the face of it, or as things seem at first. 4. A gift (usually money) with no obligations attached. 5. Starting again. 6. On its own, or all alone. 7. The right to be heard in a court. 8. Among / In addition to other things. 9. A legal action or application pursued by one party only. 10. After the event. 11. Equally, or with no distinction. 12. An act, such as murder, which is a crime in itself. 13. When a threat is implied in a contract, and as a result the contract is invalid. 14. A legal remedy against wrongful imprisonment. 15. Taken as a matter of fact, even though the legal status may not be certain. 16. For a short time. 17. Legal action against a person (for example, one party in a case claims that the other should do some act or pay damages). 18. By this fact, or the fact itself shows this to be true. 19. Acting in place of a parent. 20. A matter on which a judgement has been given. 21. A decision correctly made by a court, which can be used as a precedent. 22. Capable of committing a crime. 23. The duty to prove that what has been alleged in court is true. 24. In total good faith, a state which should exist between parties to some types of legal relationship. 25. A real agreement to a contract by both parties. 26. A situation where the legal title is clear. 27. Referring to the case at law. 28. Mad, or not completely sane. 29. With no owner, or no obvious owner. 30. The mental state required to be guilty of committing a crime. 31. An action done in return for something done or promised. 32. From the beginning. 33. Legal action against a thing (for example, one party claims property or goods in the possession of another). 34. An act forbidden by criminal law. 35. Not capable of committing a crime. 36. The real proof that a crime has been committed. 37. An act which is not a crime, but is forbidden. 38. In good faith. 39. Acting in a way which exceeds your legal powers.

Ab initio actus reus ad litem bona fide(s) bona vacantia consensus ad idem corpus delicti de facto de jure de novo doli capax doli incapax ex gratia ex parte ex post facto habeas corpus in flagrante delicto in loco parentis in personam in rem inter alia in terrorem ipso facto ipso jure locus standi mala in se mala prohibita mens rea non compos mentis onus probandi pari passu per curiam per se prima facie pro tempore quid pro quo res judicata uberrimae fidei ultra vires

b) Choose the words that match these definitions. Consult the glossary if necessary:

directive statute ordinance regulations bill

1. rules issued by a government agency to carry out the intent of the law; authorized by a statute, and generally providing more detail on a subject than the statute;

2. a formal written enactment of a legislative authority that governs a town, city or county government;

3. draft document before it is made into law;

4. a legislative act used by the European Union which requires member states to achieve a particular result without dictating the means of achieving that results;

5. formal written law enacted by a legislative body.

c) Complete the sentences below using the words in task b:

1. The Town Council will conduct a public hearing regarding a proposed … concerning property tax.

2. Finally a third reading debate at which the … as amended is considered in its entirety.

3. To exercise the Union’s competences, the institutions shall adopt …, …, decisions, recommendations and opinion.

4. According to the … concerning working time, overtime work is work which is officially ordered in excess of 40 hours in a working week or in excess of eight hours a day.

5. Early this year, the government introduced a new … on electronic commerce to Parliament.

6. Before a … becomes law in some countries, it must be agreed upon by the highest executive in the government, and finally published as part a code.

7. A number of changes have been made to the federal ... governing the seizing of computers and the gathering of electronic evidence.

8. In the past, many U.S. municipalities enacted a variety of … regulating public morals and behavior.

9. The European Union … on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data.

10. Rahul Gandhi announced his emergence as the Congress boss rejecting as “complete nonsense” the … to save convicted legislators from disqualification.

d) Match these documents (1-9) with their definitions (a-i):

1. affidavit 2. answer 3. brief 4. complaint 5. injunction 6. motion 7. notice 8. pleading 9. writ

a. a document informing someone that they will be involved in a legal process and instructing them what they must do; b. a document or set of documents containing the details about a court case; c. a document providing notification of a fact, claim or proceeding; d. a formal written statement setting forth the cause of action or the defence in a case; e. a written statement that somebody makes after they have sworn officially to tell the truth, which might be used as proof in court; f. an application to a court to obtain an order, ruling or decision; g. an official order from a court for a person to stop doing something; h. in civil law, the first pleading filed on behalf of a plaintiff, which initiates a lawsuit, setting forth the facts on which the claim is based; i. the principal pleading by the defendant in response to a complaint.

e) Court orders and injunctions

1. People who cause trouble in a particular place may be legally prevented from going to that place again. This is known as a banning / bankruptcy order.

2. In Britain, if someone is causing someone distress, harm or harassment, the police can apply for an ASDA / ASBO in order to restrict their behaviour.

3. In a civil case, a court may impose a search / hunt order allowing a party to inspect and photocopy or remove a defendant’s documents, especially if the defendant might destroy those documents.

4. A promise given to a court (for example, by a vandal who promises not to damage property again) is known as an undertaker / undertaking.

5. Sometimes a temporary injunction can be imposed on someone until the case goes to court. This is known as a temporary or interlocutory / interim injunction.

6. A restraining / restriction order is a court order which tells a defendant not to do something while the court is still making a decision.

7. If someone applies for an injunction against a person with a mental disability, a third party will be appointed to act for that person. This third party is known as a litigation assistant / friend.

8. A frozen / freezing order or injunction prevents a defendant who has gone abroad from taking all his assets (for example, the money in his bank account) abroad (although he is allowed to take out money for living expenses).

9. If you want to stop a magazine publishing an article about you (or photographs of you) that you do not like, you can apply for a publicity / publication injunction.

10. A person who repeatedly harasses, pesters or hits another person might be given a

non-proliferation / non-molestation order to prevent him / her from continuing to do it.

11. If your partner is trying to get you out of your shared home, or if he / she won't let you back into your home, you can apply for an occupation / occupying order to remain / get back into the home.

12. Housing / Home injunctions might protect you if you live in a council home and your neighbours are annoying and harassing you, or if you are a private tenant being harassed by your landlord.

13. A Common / Public Law injunction can sometimes be applied for if one partner of an unmarried couple is harassing, assaulting or trespassing on the property of the other.

14. Reconstitution / Restitution orders are court orders asking for property to be returned to someone.

15. An order of discharge / disclosure is a court order releasing someone from bankruptcy.

16. Many injunctions have a penal / penalty notice attached, which states that if the injunction is broken, the offender could be sent to prison.

17. Injunctions aimed at preventing violence may carry a power of arrest / arrears clause, which allows the police to take the offender into custody if the injunction is broken.

18. If an injunction is broken, committal / committee proceedings might follow: this is a process in which a court is asked to send the person who has broken the injunction to prison.

f) Contracts, formal letters and other legal documents frequently contain “reference” words that are not often used in other areas of English. These words refer to time, place, result, etc, in connection with the documents they appear in.

Complete sentences 1 – 14 with appropriate words from the box. To help you, each sentence is followed by an explanation in italics of the function of the missing word.

aforementioned hereafter hereby herein hereinafter hereof hereto (x2) heretofore hereunder herewith thereafter therein thereinafter thereinbefore

1. We are somewhat confused, as the contract we received named the company as The Sophos Partnership in the first paragraph, but __________ as Sophos Ltd. (listed or mentioned afterwards in the document)

2. Could you explain why the interest rate is quoted as 17% on the final page of the agreement you sent us, but as 15% __________. (listed or mentioned earlier in a document)

3. He was present when the exchange took place, and has been summoned as witness __________. (of this event / fact)

4. For more information, see the documents listed __________. (below this heading or phrase)

5. All parties are expected to comply with the conditions stated __________, unless a formal application is made to do otherwise. (in this document)

6. Final delivery of the merchandise is to be made no later than the dates listed __________. (relating or belonging to this document)

7. The copyright for this book will __________ be in the name of the author, Archibald Thrupp. (from this time on)

8. According to the schedule of payments attached __________, invoices must be submitted at the end of each month. (to this document)

9. You are advised to refer to the previous contract, and the terms and conditions cited __________. (in that document)

10. The accused is to report to his probationer twice a week for the first month, and __________ once a week for the next five months. (after that)

11. The parties __________ acting as trustees are to be consulted regularly. (previously, earlier or before now)

12. Thank you for the prompt despatch of our goods. Please find a cheque enclosed __________. (together with this letter or document)

13. This agreement is made on 1 April 2007 between Blueberry Press (__________ called the PUBLISHER), and Michael Halmsworth (__________ called the AUTHOR). (stated later in this document: the same word should be used to complete both gaps)

14. Mr Harrison has failed to comply with the terms set out in his contract, and we __________ revoke the contract. (as a result or in this way)

15. The __________ company was awarded the contract under certain conditions. (mentioned earlier)