II- LEGAL ENGLISH AND ITS TRANSLATION INTO
SPANISH
Legal English or legalese is characterised by its density and obscurity.
The special features present in most of the legal texts make impossible for
ordinary people to understand the content of contracts, testaments and
sentences. That’s why in the recent years a movement called “Plain English
Campaign” has appeared defending the view that legal texts should be made
understandable to everybody.
2.1. General features of legal English
The main features of legal English are the following:
- the presence of Latin words which can be divided
into two different groups: a) typical Latin words and
expressions such as writ of a fieri facias (auto
ejecutivo de una sentencia) or prima facie (a
primera vista) and b) Latin words adapted to English
such as impugn
- the inclusion of French words: many of the words
ending with the suffix –age makes reference to a
service rendered as well as the corresponding rights
derived from its use such as damage / damages
(daños y perjuicios / indemnización por daños y
perjuicios)
- old and formal register which can be observed in
expressions such as commit to prison meaning
“sending sb to prison”
- expressive redundance shown in the use of words
which are partial synonyms such as false and true
or request and require
- the use of empirical verbs such as in sentences when
the judges say “We find the case proved”
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- euphemisms such as custodial interrogation
(interrogatorio policial)
- the use of typical legal adjectives such as legal,
illegal, equitable, absolute, qualified,
constructive, actual
2.2. The morphosyntaxis of legal English
Legal English is characterised by a very complex morphosyntaxis which
reflects on the following features:
- the repeated use of suffixes –er and –ee such as
paroler (juez u órgano que concede la libertad
provisional) and parolee (el beneficiario de ese
privilegio)
- the presence of adverbs such as hereinafter (en
adelante), prepositions such as under (a tenor de)
and conjunctions such as whereas (considerando
que)
- the gerundive constructions are usual such as being
duly sworn (habiendo prestado juramento)
- long, complex and misunderstanding sentences
- inadequate punctuation
2.3. False friends
When we are talking about false friends, we are referring to terms that
existed in both languages. The first false friend we can talk about is
magistrate because while in English this word is used to refer to lay judges, in
Spanish “un magistrado” is a judge from a superior category. Another false
friend is the word legislature which doesn’t mean “legislatura” but “poder
legislative”. The only way of avoiding using false friends is paying attention to
words which are similar in both languages and checking them in a dictionary.
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EXERCISES
1- Match the following Latin words with its meaning on
legal English:
Latin words Meaning
1. ad hoc a. unauthorised, beyond a person’s
legal power
2. versus b. for this purpose
3. de facto c. able to exercise one’s own legal
rights
4. quorum d. against
5. sui juris e. number of shareholders who have
to be present at a board meeting so
that it can be validly conducted
6. ultra vires f. in fact
2- Guess the meaning in legal English and put an example
of the legal meaning of these everyday words:
a. appeal:
b. article:
c. consideration:
d. decide:
e. exercise:
f. party:
g. remedy:
h. serve:
3- Read the following text and try to guess the words
from the text which corresponds to the definitions:
If it hurts, sue!
In the United States the number of cases where people sue for damages or compensation for
medical malpractice has grown at an alarming rate. This US obsession with litigation seems
motivated by greed rather than the wish for justice.
An eighty year old woman sued MacDonalds take-away for damages after she was scalded by the
coffee. She was awarded $640,000. A woman sued her vet for $1million because of the emotional
stress she suffered when he injured her pet iguana. A man who deliberately jumped in front of a
train in the New York subway sued the transport company and won $650,000 damages because
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the train failed to stop.
Thomas Wallace, a black American, claimed that he and his three sons suffered emotional distress
when they came across the word nigger in their computer encyclopedia. Mr Wallace had typed the
word nigger while searching for information on the Niger River. The computer told him that Joseph
Conrad had written a novel in the 19th century called Nigger of the Narcissus, and that Martin
Luther King had once been called a nigger by a white woman when he was 11 years old. Mr
Wallace is now suing the encyclopedia company for $40 million.
A British banker recently lost his job at a Canadian bank based in New York. He is suing the bank,
stating that he suffered mental anguish because of his French boss's insistence on joking that the
English were bad lovers and lousy cooks. He is claiming $20 million in damages.
Eager lawyers
There are over 800,000 American lawyers (70% of the world's total number), many of whom
openly encourage such lawsuits. A lawyer often takes on a lawsuit as a sort of gamble. The lawyer
enters an agreement with the client. If the client loses, the lawyer forfeits the legal fee. If,
however, the lawsuit is won, the lawyer takes up to 50% of the amount awarded.
The consequences
Of course, the law on which such litigation is based was originally promulgated to protect the
public from, for example, dishonest and irresponsible manufacturers or incompetent doctors. A
highly litigious environment has, however, developed. Many people have lost their sense of
personal responsibility (\"if it hurts, sue\") and are ready to blame others for the slightest accident.
Others are cynically making a lot of money from the legal situation. As a practical consequence,
professional indemnity insurance premiums have risen. Certain professions, especially those within
medicine, have become so risky that trainees fear to specialise. And everyone hates lawyers!
Reform
The politicians are at last taking action. Recently the House of Representatives passed a bill, the
Common Sense Product Liability and Legal Reform Act, which places a ceiling on punitive damages
in civil law suits and \"pain and suffering\" settlements in medical malpractice suits. There has also
been a change in the conditions necessary to bring product liability cases. Now there must be a
\"conscious and flagrant\" disregard to consumers' safety. Moreover, such a case must be brought
within a time limit of up to 15 years after the product launch. The bill also includes the \"British
rule\" which specifies that in some instances unsuccesful litigants should pay the winners' legal
fees. It seems that the legal lottery will soon be over.
a. institute legal proceedings:
b. money paid to compensate for injury or loss:
c. intentionally:
d. a proceeding brought by one person against
another:
e. people who bring a lawsuit:
4- Complete these sentences with the correct preposition:
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a) I am working _____ a very interesting merger project at the moment
b) A landlord is a person who receives rent _____ someone
c) I’m afraid that this firm doesn’t deal ___ criminal law
d) In your claim form you’ve made some very serious allegations ______
my client
e) Which judge is presiding ___ this case?
5- Diana Williams has received this letter from a student
at the school where she gave her talk. The words that
have been underlined are too informal. Complete the
same letter by choosing a better word or phrase from
those in the box.
6 The Gate
Chatsworth
CH15 2MM
24 April 20XX
Miss Diana Williams
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH1 4NG
Dear Miss Williams
Your talk at Chatsworth Hill School last week
Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. I am thinking very seriously about becoming a lawyer and I hope that you
can answer some questions about one or two things that were not included in your talk.
(a) in the first place, I am a little worried about the process of (b) using the civil court to
staff off a legal process. I am thinking of getting a claim form and some leaflets to try to
find out more, If I go to the County Court in Chatsworth, will I be allowed to pick up a
claim form just to look at? Also, could you tell me a little more about (c) writing more
complicated legal documents such as contracts? I am very nervous about this part of the
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work. My mother and father bought a new house recently and the solicitor who did the
(d) real state transfer of ownership seemed to do a lot of very difficult paperwork. What
happens if I make a mistake? Can the client (e) start a case in the court if I give them (f)
wrong advice?
Also, you said that in the future there is going to be a lot of (g) discussing problems
with someone who can help find an agreement between clients instead of going to court
so often. This worries me a little. Does it mean that there will be less work for lawyers
and some firms may think about making people (h) out of work?
(i) Last, you said that lawyers usually work in partnership and are rarely (j) lawyers who
work alone. What will happen if I join a partnership about (k) getting the usual pay from
my law firm when I am ill, or when I have a baby and I need to take (l) some time away
from work to look after him or her?
Thank you in advance for your help.
Yours sincerely
Emma Soarne
Mediation sick pay Firstly redundant
Drafting Finally negligent issuing a claim
Maternity leave conveyancing sue sole practitioners
6 The Gate
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Chatsworth
CH15 2MM
24 April 20XX
Miss Diana Williams
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH1 4NG
Dear Miss Williams
Your talk at Chatsworth Hill School last week
Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. I am thinking very seriously about becoming a lawyer and I hope that you
can answer some questions about one or two things that were not included in your talk.
(a)___________, I am a little worried about the process of
(b__________________________. I am thinking of getting a claim form and some
leaflets to try to find out more, If I go to the County Court in Chatsworth, will I be
allowed to pick up a claim form just to look at? Also, could you tell me a little more
about (c) __________________more complicated legal documents such as contracts? I
am very nervous about this part of the work. My mother and father bought a new house
recently and the solicitor who did the (d) _________________________seemed to do a
lot of very difficult paperwork. What happens if I make a mistake? Can the client (e)
___________________if I give them (f) _______________advice?
Also, you said that in the future there is going to be a lot of (g)
___________________between clients instead of going to court so often. This worries
me a little. Does it mean that there will be less work for lawyers and some firms may
think about making people (h)______________?
(i)____________, you said that lawyers usually work in partnership and are rarely
(j)__________________. What will happen if I join a partnership about
(k)____________________, or when I have a baby and I need to take
(l)_______________________?
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Thank you in advance for your help.
Yours sincerely
Emma Soarne
6- Read the following article adapted from the newspaper
The Independent about “Plain English Campaign” and
decide if the following statements are true (T) or false
(F)
“Law: It's all Greek to me”
EVER SINCE the days of Charles Dickens, legal language has been notoriously
arcane, complex and confusing. But today legalese and Latin words are out of fashion
and tend to disappear from legal texts. Those who have campaigned for years against
confusing, tortuous legal language can obviously feel happy. Says Chrissie Maher OBE,
founder director of the Plain English Campaign: \"I cannot describe how happy I was
when I heard about this. It will benefit every one of us”.
\"It's 30 years since I started the Plain English Campaign, so I have spent a long
time fighting legal jargon and this was one of the largest remaining obstacles we had to
overcome. It is the first time a grass- roots campaign has had such an impact on our
legal system.\"
Ms Maher believes that the importance of the use of easily understood language
in legal proceedings cannot be ignored. \"If people do not understand the workings of
justice, then we do not have justice at all. In a way, our current system gags ordinary
people because they are afraid to open their mouths.\"
There are those in the legal profession who are just as positive about change.
Mark Adler, a Dorking solicitor who chairs Clarity, the lawyers' plain language
movement, says: \"Plain language is not just a matter of convenience, but of civil rights.
People have a right to understand what is expected of them, and cannot fairly be blamed
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for breaking laws or contracts they could not possibly understand. Nor can they have a
fair trial if they cannot follow it - this is why foreign defendants are allowed an
interpreter.\"
But Ms Maher is not convinced that all members of the legal profession share
her opinion. \"I think that many lawyers are not especially interested in the idea. They
want the pomp, the jargon, the Latin. The more obscure they are when speaking, the
more they can justify their role because when clients want to understand better what is
going on, they need to ask the lawyer.\"
Mark Adler agrees that some among his colleagues may struggle to adapt to
change: \"Lawyers are so used to jargon that they do not realise how difficult, often
impossible, it is to understand,\" he says. \"Many lawyers now accept that it is sensible to
use plain language, but few do it. Some even fondly imagine that legalese is plain. And
you still hear it said that traditional language is more precise - and so safer - even
though there is extensive professional literature that the opposite is true.”
\"Most legalese has nothing to do with legal requirements; it is just an inefficient
literary style copied from precedents.\"
The Auld report may represent the imminent fall of one of legalese's strongest
bastions, but Ms Maher sees other targets on the horizon. \"We have to convince the
lawyers who draft agreements, in particular, those who work for huge companies and
draft documents without the public in mind. The ordinary person needs to know what
they're signing. At the moment, they often don't.\"
Dusty incarnations of Dickensian lawyers should beware.
1- Miss Maher has spent many years fighting against the
complexity of legal language
2- Most lawyers support the Plain English Campaign
3- Lawyers think that the legalese helps them to justify their
work
4- According to the text, ordinary people can understand
perfectly the vocabulary used in legal texts
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5- The lawyer Mark Adler supports the initiative of simplify
legal English
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