Dr.

ZEBA AZMAT UNIT II

BALLB II SEMESTER
LEGAL LANGUAGE-II

2.2 Characteristics of Legal Language:

English is the predominant language of international business, and has a significant role as a legal
language within the European Union. Legal English is now a global phenomenon. It is the style of
English used by lawyers and other legal professionals in the course of their work. Legal language
contains a number of unusual features which are related to terminology, linguistic structure, linguistic
conventions, and punctuation. Legal professionals always used language in accordance with the special
needs of their profession. Since all legal documents are being interpreted, the ultimate objective of the
profession requires the existence of legal documents in which clarity and precision would be visible.
However, the efforts to achieve this are by no means easy. The endeavour to create unambiguous
sentences which would leave no room for doubt had a reverse effect. As a matter of fact, legal drafters
have created an artificial language that is incomprehensible for ordinary people. The majority of people
are not legal experts, so they are forced to ask for clarification. As they are concerned with law every
day, their ignorance became an important issue. Firstly, legal language is imbued with difficult terms,
including ancient phrases, obscure words and terms derived from Latin and French, which, along with
native terms used to describe the same legal concept, create a large number of synonyms. Secondly,
long and complex sentences, which are usually written in the passive voice, often comprise several
clauses and contain a lot of repetitive words. In addition, due to insufficient punctuation and unusual
noun and prepositional phrases, a language full of verbosity is produced. The absurdity is that all these
features undermine clarity.
The development of Legal English is closely connected with the history of Great Britain the
legal tradition of which is based on common law. For several centuries following the Norman invasion,
English remained the spoken language of the majority of the population, while almost all writing was
done in French or Latin. The English-speaking nations (especially the U.S., the UK, Canada, Australia,
New Zealand, and South Africa) inherited the system of common law, the main feature of which is that
laws are not codified. Among the consequences of such tradition we can name the drafting of many
important legal documents with the use of archaic linguistic forms.
During the history, Legal English was influenced by Latin and French. Following the Norman
invasion of England in 1066, Anglo-Norman French became the official language of England. For a
period of nearly 300 years, it was the language of legal proceedings. As a result many words using in
modern legal English are derived from Anglo-Norman, for example: property, estate, chattel, lease,
executor, and tenant. Its influence may be illustrated by some of the complex linguistic structures
employed in legal writing.
From 1066 Latin was the language of formal records and statutes, but it was not the language
of legal pleading or debate. The Statute of Pleading, which was enacted in French in 1356, stated that
all legal proceedings should be in English, but recorded in Latin. Nonetheless, the use of French in legal
pleadings continued into the seventeenth century in some areas of the law.
The influence of Latin can be seen in a number of words and phrases such as ad hoc, de facto, bona
fide, inter alia, and ultra vires, which remain in current use in legal writing. English was adopted for
different kinds of legal documents at different times. Wills began to be written in English in about 1400.
Statutes were written in Latin until about 1300, in French until 1485, in English and French for a few
years, and in English alone from 1489. According to the Proceedings in Courts of Justice Act 1730

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Latin was replaced by English. As a result new branches of law such as commercial law began to
develop entirely in English.
During the Medieval period lawyers used a mixture of Latin, French and English. The usage of
pairs of words from different languages led to the emergence of mixed language doublets in legal
language. Among the examples of mixed language doublets are: "breaking and entering"
(English/French), "fit and proper" (English/French), "lands and tenements" (English/French), "will and
testament" (English/Latin). Examples of English-only doublets are: "let and hindrance", "have and
hold."

The main Characteristics of Legal Language are:

1. Frequent use of common words with uncommon legal definitions: Technical terms in law
are the specific words of the term of art having specific connotations and extensions and cannot
be replaced by any other glossary. Here are few massively used technical terms with their legal
meaning,

The word “sentence” in general English refers to “a group of words that expresses a statement,
question, command, or wish” but in law it has a specific meaning, where it means “the
punishment given by a court of law”.

Words Meaning in General English Specific Meaning in law

an action an act .. a law suit

to alienate to estrange someone transfer property
consideration careful thought, to view exchange value in a contract(price)
a counterpart peer, fellow, duplicate of document
an instrument a tool, is a legal document –
a party feast, celebration is a person contracting or litigating
injury physical harm infringement of legal rights
damage loss or harm,either monetory loss only.
(physical or emotional and contain
wide array of meanings)

Legal terms Specific Meaning in Law

consideration - benefit to promisor or detriment to promisee

executed - signed and delivered
hand - signature
infant minor

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letters - document authorizing one to act

master - employer
motion - formal request for action by a court
of course - as a matter of right
party - person contracting or litigating
plead - file pleadings
prayer - form of pleading request addressed to the court
presents - this legal document
provided - word of introduction to a proviso (a conditional
stipulation)

save - except
serve - deliver legal papers
servant employee
specialty - sealed contract
virtue - force of authority, as "by virtue of"
without prejudice - without loss of any rights

2. Tautologies: (Binomials and Trinomials)

The joining of two synonyms, one usually French or Latin in origin (or both ) and the other English,
to ensure understanding of at least one of the words. Examples include

breaking and entering keep and maintain

deem and consider maintenance and upkeep
final and conclusive null and void
fit and proper hue and cry
free and clear aid and abet
give, devise and bequeath mind and memory
goods and chattels peace and quiet
had and received will and testament
pain and penalties to have and to hold

convey, transfer and set over form, manner and method give, devise and bequeath
ordered, adjudged and decreed ready, willing and able repair, hold and maintain
rest, residue and remainder right, title and interest

Here is an Example of a CLAUSE from A DEED OF WILL

“I give, devise and bequest, all the residue and remainder, of my property, estate, and wealth of
every nature and kind to my legal wife if she survives me.”

3. Loan words (French and Latin terms)

Legal language is filled with lexical items derived especially from French, Latin and Greek. These terms
are used in law without bringing any English translation, and have became an essential feature of the
language of law. Few of such words are:

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1. Ab initio (Latin): from the beginning. For example, ‘this agreement is void ab initio’.

2. amicus curiae (Latin) friend of the court; a person who is not directly involved in a case but advises
the court

5. locus standi (Latin) a place for standing; the right of a party to appear and be heard in court

6. mens rea (Latin) guilty mind; a criminal intention or knowledge that an act is wrong

7. prima facie (Latin) at first sight; evidence as it seems at first

8. sub judice (Latin) under judicial consideration; a rule which makes the act, an offence.

9. Persona non grata (Latin): a person who is not welcome somewhere.

10 Inter partes (Latin): between the parties. For example, ‘the proceedings were held inter partes
before the court

11.Ad hoc (Latin): made or done for a particular purpose. For example, ‘an ad hoc tribunal was set up
to deal with the claims’.
12. Ad hominem (Latin): to an individual’s interests or passions; used of an argument that takes
advantage of the character of the person on the other side.
13. Ad infinitum (Latin): endlessly; forever. For example, ‘this case seems to have dragged on ad
infinitum’.
14 Ad referendum (Latin): to be further considered. This often refers to a contract that has been signed
although minor points remain to be decided.
15 Bona fide (Latin): genuine, real. For example, ‘a bona fide purchaser is interested in buying the
company’.
16 Bona vacantia (Latin): property not distributed by a deceased’s will and to which no relative is
entitled on intestacy.
Caveat emptor (Latin): the buyer is responsible for checking the quality of goods before purchasing
them (literally, ‘let the buyer beware’).
Circa (Latin): around or about: used for dates and large quantities; can be abbreviated to c or c.
Cognoscenti (Italian): people who are well informed about something. For example, ‘the cognoscenti
agree that this decision is unprecedented’.
De facto (Latin): in fact, whether by right or not. For example, ‘she has acquired de facto control of the
company’.
De jure (Latin): rightful, by right (e.g. a de jure claim to the territory).
Deus ex machina (Latin): an unexpected event that saves an apparently hopeless situation.
Éminence grise (French): a person who has power or influence without holding an official position.

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Et al (Latin): and others. This is used as an abbreviation in bibliographies when citing multiple
editorship or authorship to save the writer the trouble of writing out all the names. Thus, ‘John Smith
et al., Textbook on Damages’.
Ex aequo et bono (Latin): as a result of fair dealing and good conscience.
Ex gratia (Latin): a payment given as a favour rather than because of any legal obligation. For example,
‘the executor made an ex gratia payment to one of the beneficiaries of the estate’.
Ex officio (Latin): by virtue of one’s status or position.
Ex parte (Latin): on the part of one side only. For example, ‘the lawyer made an ex parte application
to the court to obtain an emergency injunction’.
Ex post facto (Latin): By a subsequent act. It describes any legal act, such as a statute, that has
retrospective effect.
Flagrante delicto (Latin): in the commission of an offence. For example, ‘the accused was caught in
flagrante delicto. He can have no possible defence’.
Force majeure (French): irresistible compulsion or coercion. Often used in commercial contracts to
describe events that may affect the contract but are completely outside the parties’ control. For example,
‘the contract contains the usual provision regarding situations considered by the parties to constitute
force majeure’.
In absentia (Latin): while not present. For example, ‘as the defendant was abroad at the date of the
hearing, the case continued in absentia’.
In extremis (Latin): in an extremely difficult situation; at the point of death. For example, ‘the will was
clearly made out in extremis’.
In loco parentis (Latin): in the place of a parent. For example, ‘since the child’s parents are deceased,
his uncle is acting in loco parentis’.
In re: in the matter of.
In situ (Latin): in the original or appropriate position. For example, ‘the wreckage was examined in
situ’.
Inter alia (Latin): among other things. For example, ‘the contract provides, inter alia, that the company
will be sold for the sum of . . .’
Inter partes (Latin): between the parties. For example, ‘the proceedings were held inter partes before
the court.’
Inter se (Latin): between or among themselves. For example, ‘the shareholders’ agreement constitutes
a contract between the shareholders inter se’.
Ipso facto (Latin): by that very fact or act.
Jus (Latin): a law or right.
Locus standi (Latin): the legal right to bring an action or challenge some decision. For example, ‘the
court rejected her application. It ruled that she had no locus standi to make an application in these
proceedings’.

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Mea culpa (Latin) : my fault.

Modus operandi (Latin): a way of doing something. For example, ‘his modus operandi was fascinating
to watch’.
Mutatis mutandis (Latin): ‘that having been changed which had to be changed’ or ‘with the necessary
changes’. The phrase is used in contracts to indicate that a stipulation contained in one clause should
also be applied in another part of the contract once the necessary changes have been made.
Obiter dictum (Latin): a remark made in passing. Something said by a judge while giving judgment
that was not essential to the decision in the case but which may be of persuasive authority in future
cases. For example, ‘the judge said obiter that there did appear to be some authority for the argument
the defendant had made’.
Pace (Latin): despite.
Pari passu (Latin): in equal step. This term is often seen in venture capital term sheets, and indicates
that one series of equity will have the same rights and privileges as another.
Per annum (Latin): for each year. For example, ‘the director earned £250,000 per annum before tax’.
Per capita (Latin): for each person.
Per se (Latin): by or in itself. For example, ‘the government is not opposed to further European
integration per se, but it does have certain concerns about the manner in which it is done’.
Persona non grata (Latin): a person who is not welcome somewhere.
Per stirpes (Latin): among families. Used by lawyers in connection with the distribution of inheritance.
Post eventum (Latin) : after the event.
Post mortem (Latin): after death. Generally used as a noun to describe the clinical investigation of a
dead body.
Prima facie (Latin): on the face of things; accepted as so until proved otherwise. For example, ‘prima
facie you appear to have a reasonable case, although I will need further information before giving an
informed opinion on its merits’.
Procès-verbal (French): an informal record or memorandum of international understandings resulting
from negotiation.
Pro rata (Latin): proportional; proportionally.
Pro tanto (Latin): only to that extent. For example, ‘the judge made an order that payments should be
made for a period of one year, pro tanto’.
Quantum meruit (Latin): as much as he has deserved. In contract law it means something like the
reasonable value of services and is imposed to avoid the unjust enrichment of one party at the expense
of another. It applies: (1) where a person employs another to do work without agreement as to the
compensation to be paid, the law implies a promise that payment will be made for the services provided
in the amount that they merit; and (2) where there is a contract for a set amount, and this is not paid, the
claimant may repudiate the contract and seek payment on a quantum meruit basis.
Quid pro quo (Latin): a favour or advantage given in return for something.

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Ratio decidendi (Latin): the reason for deciding; the principles of law on which
the court reaches its decision.
Re (Latin): with regard to, in the matter of.
Res ipsa loquitur (Latin): the thing speaks for itself. A principle often applied in the tort of negligence,
which states that if an accident happens that is of a kind that usually only happens as a result of
negligence, and the circumstances that gave rise to the accident were under the control of the defendant,
it may be assumed, unless there is evidence to the contrary, that the accident was caused by the
defendant’s negligence.
Restitutio in integrum (Latin): restoration to the original position that existed before the events which
triggered legal proceedings (re damages).
Sic (Latin): thus; used in brackets in quotes to show that the writer has made a mistake. For example,
‘Jacques Chirats (sic) opposed the plan’.
Sine die (Latin): (of proceedings) adjourned indefinitely.
Sine qua non (Latin): without which, not. Used to refer to anything indispensable, and without which
another cannot exist.
Stet: let it stand or do not delete; cancels an alteration in proofreading; dots are placed under what is to
remain.
Sub judice (Latin): being considered by a court of law and therefore not to be publicly discussed
elsewhere.
Sub rosa (Latin): literally ‘under the rose’: used to describe something that is occurring but not on an
official basis.
Sui generis (Latin): unique, of its own kind.
Travaux préparatoires (French): preparatory works that provide a background to the enactment of
legislation.
Ultra vires (Latin): beyond the powers. This describes an act by a public authority, company or other
body which goes beyond the limits of the powers that it has.
Vis-à-vis (French): in relation to; as compared with.

4. Use of Archaic words (Old English and Middle English words):

You will come across these words frequently in your reading of legal materials. These are the usual
words of Old English which are substituted by the modern equivalents by the Modern English (17th
century –till date) but legal drafters has decided to retained with the old tradition. These are words
like hereof, thereof, and whereof etc…

List of Archaic Words with meaning and usage

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Hereafter means ‘from now on or at some time in the future’. For example, ‘the contract is effective
hereafter’.
Hereat means (1) ‘at this place or point’ or (2) ‘on account of or after this’. For example, ‘hereat the
stream divided’.
Hereby means ‘by this means; as a result of this’. For example, ‘the parties hereby declare’.
Herefrom means ‘from this place or point’. For example, ‘the goods shall be collected herefrom’.
Herein means ‘in this document or matter’. For example, ‘the terms referred to herein’.
Hereinabove means ‘previously in this document or matter’. For example, ‘the products hereinabove
described’.
Hereinafter means ‘later referred to in this matter or document’. For example, ‘hereinafter referred to
as the Company’).
Hereinbefore means ‘previously in this document or matter’. For example, ‘the products hereinbefore
described’.
Hereof means ‘of this matter or document’. For example, ‘the parties hereof’.
Hereto means ‘to this place or to this matter or document’. For example, ‘the parties hereto’.
Heretofore means ‘before now’. For example, ‘the parties have had no business dealings heretofore’.
Hereunder means ‘later referred to in this matter or document’. For example, ‘the exemptions referred
to hereunder’.
Herewith means ‘with this letter or document’. For example, ‘I enclose herewith the plan’.
Thereof means ‘of the thing just mentioned’. For example, ‘The contract was signed on 1 May 1999.
The parties thereof . . .’
Thereafter means ‘after that time’. For example, ‘The products shall be transported to The Grange.
Thereafter, they shall be stored in a warehouse.’
Thereat means (1) at that place or (2) on account of or after that. For example, ‘thereat, payments shall
cease’.
Thereby means ‘by that means; as a result of that’. For example, ’the parties thereby agree’.
Therein means ‘in that place, document or respect’. For example, ‘The parties shall refer to the contract
dated 1 May 1999. It is agreed therein that . . .’
Thereinafter means ‘later referred to in that matter or document’. For example, ‘thereinafter, it is
agreed that . . .’
Thereof means ‘of the thing just mentioned’. For example, ‘Reference is made in paragraph 5 to the
contract dated 1 May 1999. The parties thereof agreedthat . . .’
Thereon means ‘on or following from the thing just mentioned’. For example, ‘The machine rests on a
wooden block. There is placed thereon a metal bracket . . .’
Thereto means ‘to that place or to that matter or document’. For example, ‘the parties thereto’.
Therefor means ‘for that’. For example, ‘the equipment shall be delivered on 13 September 2003. The
Company agrees to pay therefor the sum of $150,000’.
Therefor should not be confused with ‘therefore’ which means ‘for that reason’.
Thereupon means ‘immediately or shortly after that’. For example, ‘delivery shallmtake place on 13
September 2003. Thereupon the equipment shall be stored in the Company’s warehouse’.
Whereabouts means ‘the place where someone or something is’. For example, ‘the Company shall be
kept informed as to the whereabouts of the products’.
Whereat means ‘at which’. For example, ‘The seller attempted to charge extra interest on late payment,
whereat the buyer objected’.
Whereby means ‘by which’. For example, ‘the contract dated 1 May 1999, whereby the Company
agreed to purchase the products’.
Wherefore means ‘as a result of which’. For example, ‘the buyer breached the contract, wherefore the
seller suffered damage’.

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Wherein means (1) in which, or (2) in which place or respect. For example, ‘the contract dated 1 May
1999, wherein it is stated that . . .’
Whereof means ‘of what or of which’. For example, ‘the Company one of the directors whereof is a
foreign national’.
Whereupon means ‘immediately after which’. For example, ‘The sum of $15,000 shall be paid by the
buyer to the seller on 13 September 2003, whereupon the buyer’s liability to the seller shall be
discharged’.

The following preamble paragraph in the mortgage, which is actually one long sentence, contains
multiple examples of archaic words:

TOGETHER with all the improvements now or hereafter erected on the property,
and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas
rights and profits, water, water rights, and water stock, and all fixtures now or
hereafter attached to the property, and all insurance policies and proceeds
therefrom, and all condemnation awards and funds, all of which, including all
replacements and additions thereto, and all proceeds therefore, shall be deemed to
be and remain part of the property covered by this Mortgage; and all of the
foregoing, together with said property are herein referred to as the “Property”.

5. Use of Synonymy:

Due to French and Latin influence, English abounds in synonyms. At least three lexical sources gave
rise to a great number of synonyms existing side-by side. (The Anglo-Saxon word bid versus the
Norman French word offer). (Vystrčilova 2000: 91). It became necessary to write all the synonyms so
as to avoid any further misinterpretation. Synonyms are different from Tautologies, as tautologies are
set expression of a language and of specific discourse, and are thus uneditable, whereas selection of
synonyms is by choice.

Assign – transfer
Clause – provision – paragraph – article
Contract – agreement
Default – failure
Lessee – tenant
Promise – assurance – undertaking
Void – invalid – ineffective
Able - willing,
Dispute, controversy or claim

Breach- infringement- violation

Possession- ownership

Following example is a CLAUSE taken from a DEED OF SALE, is rich in synonym and archaic
words :
“The receipt of which Sum in manner aforesaid, the vendor do hereby acknowledges, He the Vendor,
hereby grant, transfer, convey and assign, as and by way of absolute sale unto the Vendee, all the piece
and parcel of land, more fully described in the Scheduled hereto, together with all rights, waters, water

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courses, ways, easements, priveledges, opportunities, belonging to, free from all encumberances,
charges, lien, trust, will, litigation lis pendes, or whatsoever, the vendor has this day delivered vacant
possession of the property hereto to the Vendee.”

6. Sentence length:

The length and complexity of sentences are the most obvious syntactic features. Legal
language comprises of a very large number of long compound and complex sentences. There are
multiple sentences too. However, one noticeable thing is the little or minimal presence of the simple
sentences. The simple sentences appear either in the beginning of the text or at the end of it. Hence,
the compound sentences are full of many main clauses and they also make the sentence very long.
The complex sentences, as the name is enough to denote, are full of various subordinate clauses which
are interdependent and finally dependent on the main clause(s). Hence, there is delay in arriving at the
conclusion of the sentence.

Plain English movement disputed the structural complexity in legal writing and explored the
opportunities for the shortening of sentences. Specific sentence structure is caused by the fact that in
the past every part of a legal document used to consist of a single sentence. Sentences included a great
deal of information, repetitiveness, long noun phrases with plenty of modification, peculiar word order,
prepositional phrases, as well as coordinate, and subordinate clauses.

Here is an example of Maharashtra Prohibition Act of 1949, Chapter III-under the heading
‘Prohibition’ is paragraph containing a single sentence
Notwithstanding anything contained in the following provisions of this
Chapter, it shall be lawful to import, export, transport, manufacture [bottle],
sell, buy, possess, use or consume any intoxicant or hemp [or to cultivate or
collect hemp] or to tap any toddy producing tree or permit such tree to be
tapped or to draw toddy from such tree or permit toddy to be drawn therefrom
in the manner and to the extent provided by the provisions of this Act 9 [or]
any rules, regulations or orders made or in accordance with the terms and
conditions of a licence, permit, pass or authorization granted thereunder.
The sentence containing 104 words in its single para commences with the typical legal expression
‘Notwithstanding’. The verbs import, export, transport, manufacture, sell, buy, possess, use or consume
stand in parallel with one another. Maximum possible alternatives are given. In all 24 verbs have been
used in this sentence which is approximately 25%.. Interestingly, the sentence is simple with only one
clause and too many verb phrases. Two words ‘therefrom’ and ‘thereunder’ show archaism of the
language which too adds to the complexity of the sentence structure.

Another example is a sample of Deed of Separation between Husband and Wife and Maintenance.
After the biographical details of the parties, the deed goes thus:

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Whereas the parties hereto are husband and wife, their marriage having been solemnized at Pune
on…..according to the Hindu region and Vedic rights and ceremonies;

And whereas after their marriage, the parties hereto have been residing and cohabiting together
for a period of about five years;

And whereas while cohabiting together, the parities hereto had a happy married life;

And whereas during the recent past, there have been a lot and serious type of differences between
the Husband and the Wife;

And whereas all the efforts for bringing about reconciliation made by their friends and relatives have
failed;

And whereas the parties hereto have come to a tacit conclusion that it has now become extremely
difficult for them to live and cohabit together;

And whereas due to the indifferences between the parties, here have been mental tensions and
tortures caused to both the parties inter se;

And whereas the parties hereto have finally decided to live apart for the mutual understanding and
reciprocate benefits as per the advice given to them by their well wishers;

And whereas the parties have anyhow reached to their final decision of living separately on some
terms and conditions, which they have worked out and also decided to reduce into writing;

In the above part of the deed of separation, the subordinate clauses that are conditions prevailing till
the separation have been mentioned. There is a characteristic syntactic style as the first sentence
begins with whereas which means while. The sentence does not end till the terms and conditions are
mentioned further to be agreed upon. The next condition in the form of clauses begins with And
whereas. This is an unusual beginning in general English but specialty in the legalese.

7) Nominalization:

Nominalization is a peculiar characteristic of a legal language. It’s a process whereby a grammatical

expression, basically a verb phrase such as, “to consider”, is turned into a noun phrase “to give
consideration” or the verb phrase like “to oppose” is converted into a noun phrase like “to be in
opposition” . Basically it’s a process of converting verb phrase into a noun phrase and then using that
converted phrase in the language of law.
It is hard to eradicate nominalization, as lawyers do not say to arbitrate, but to go on
arbitration, because the arbitration is a legally defined procedure and should be considered as such.
Nominalization is both a lexical and a syntactic device. In the lexical sense, it has been defined
as “a process whereby a verb or adjective is converted into a noun.” This linguistic device contributes
to the high level of formality of legal writing.

Here are some more examples of the nominalizations which are frequently found in the legalese.
* to give consideration of .. instead of saying…. to consider
* to give recognition to = to recognize

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* is dependent on = depends on
*is in attendance at = attends
* make an appointment of = to appoint
*to make application = to apply
*to make payment = to pay
* make provision for = provide for
*to be in opposition == to oppose,
*to be in contravention == to contravene,
*to be in agreement instead of to agree.

8) Frequent use of various phrases:

Phrasal verbs are often used in a quasi-technical sense. For example, parties enter into contracts, put
down deposits, serve [documents] upon other parties, write off debts, and so on.
use of prepositional phrases in particular and other phrases in general also gives birth to verbose
or wordiness. Prepositional phrases are preferred to adverbs which tend for the extra words to be added
and contribute to verbosity. Example, Indian Contracts Act 1950

“Misrepresentations made, or frauds committed, /by agents acting / in the course / of their business /
for their principals, have the same effect /on agreements made / by such agents as if such
misrepresentations or frauds have been made or committed /by the principals; but misrepresentations
made, or frauds committed, /by agents, / in matters which do not fall /within their authority, do not
affect their principals.”

There are 10 Colligations of preposition in the above given sentence.

9) Use of Negatives:

Documents rated as poor document that uses negatives unnecessarily. When a reader encounters a
document that makes negative statements or that contains a series of multiple negatives, the reader must
stop and figure out what activity is allowed. In addition, documents that state a negative position often
state it using a negative phrase, such as “not certain.” These phrases contain more words than their
single-word counterparts, such as “uncertain.” A sentence that uses positive words or makes an
affirmative statement is more effective in communicating with the reader. For example, a sentence that
reads, “Only use cash to purchase tickets,” is easier to understand than one that states, “Payment
methods other than cash may not be used to purchase tickets.”

10. Circumlocution:

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It may be described as an evasion in speech. Using unnecessarily large number of words to express an
idea, which can be expressed more clearly in fewer words. Its literal meaning is “talking around”. There
is a rich use of circumlocution in the legal language. It is one of its essential characteristics. There are
equivalents of such expression in modern English, but legal drafters have decided to retain with the old
tradition in order to secure legalism. Few examples of circumlocution are:
Circumlocuted expression Modern Equivalents
in the event that if
adequate number of enough
at the time when when
for the duration of during
during such time as while
the reason being that because
until such time as until
at a later date later
as a consequence of because
similar to like
at that particular time then
in close proximity to near

11. Repetition :
Frequent repetition of particular words, expressions and structures There is a lot of repetition in legal
texts which add complexity, ambiguity for the layman e.g.

Powers of vice-chair 11. Where (a) a member of a Board is appointed to be vice-chair either by the
Assembly or under regulation 10, and (b) the chair of the Board has died or has ceased to hold office,
or is unable to perform the duties of chair owing to illness, absence from England and Wales or any
other cause, the vice-chair shall act as chair until a new chair is appointed or the existing chair resumes
the duties of chair, as the case may be; and references to the chair in Schedule 3 shall, so long as there
is no chair able to perform the duties of chair, be taken to include references to the vice-chair

12. Capitalization:
Capitalization of initial letters is in the texts used widely. Capital letters can be seen in the
names of the
• participators (Client, Contractor; the Player, the Club; Grantor, Grantee),
• occupations (Chief Police Officer; Chancellor of the Exchequer, the League
President),
• organizations and institutions (Players Association, Serious Organized Crime
Agency, the Registrar General for England and Wales)

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Dr. ZEBA AZMAT UNIT II

• instruments/documents (Agreement, Basic Agreement, Will, Asylum and Nationality

Act),
• main sections (Schedule 4, Article VI, General Provisions),
• and also in the sums of money (Fifty Dollars, Two Hundred Thousand Dollars)

Our Preamble (The Preamble of India) is a good example of the use of capital letters

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute

India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC,
REPUBLIC and to secure all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought , expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

List of Binomials and trinomials

healthy, wealthy and wise tit for tat, give and take
here, there and everywhere ups and downs give or take
mind,& body hale and hearty hide and seek
aches and pains hard and fast hither and thither
hale and hearty by and large in and out
odds and ends far and wide long and short
back and forth, here and there near and far
black and blue, in and out now and then
black and white, , up and down pros and cons
bread and butter, yes and no sweet and sour
cease and desist, bread and butter to and fro
dos and don'ts cats and dogs top to bottom
flesh and bones, heaven and hell up and down
goods and services, king and queen by hook or by crook
, heads or tails, knife and fork cease and desist
long and short, ladies and gentlemen first and foremost
lost and found, law and order neat and tidy
loud and clear, odds and ends null and void
null and void, peace and quiet peace and quiet
nuts and bolts, , pros and cons bag and baggage
one to one, skin and bone belt and braces
open and shut, thunder and lightning bread and butter
part and parcel, trial and error fast and furious
peace and quiet, sooner or later kith and kin
pins and needles, day or night Lend-Lease
pots and pans, do or die rock and roll
rise and fall, take it or leave it safe and sound
safe and sound back and forth chalk and talk
side by side, better or worse hither and thither
sooner or later, black and white

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Dr. ZEBA AZMAT UNIT II

time and tide keep body and soul together

wine and dine (have the basic necessities) safe and sound
again and again bread and butter slim and trim
all in all hot and humid sooner or later
back to back last but not least up and down
face to face law and order wait and see
on and on lock and key wine and dine
side to side name and address year after year, all the time
side by side now and then (Agnes wears the same boring
so and so odds and ends jeans and t-shirts, year in and
step by step (miscellaneous bits and pieces year out.)
(from) time to time that don't have a category) amended, supplemented or
Adam and Eve modified
bottle and glass ear, nose and throat terms and conditions
(E.N.T.) will and testament
judge, jury and executioner give, devise and bequest
Tom, Dick and Harry nature and kind
this, that,
above and beyond
body and soul.(entirely)

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Dr. ZEBA AZMAT UNIT II

Suggested Readings:

1. Haigh. R (2009) Legal English 2nd Edition. Routledge.Cavendish, Taylor and Francis
Group,London and New York
2. Bhatia, K. L (2016) Textbook on Legal Language and Legal Writing, 3rd
Edition.Universal Law Publishing, New Delhi
3. Mishra, S.K (2017) Legal language, legal writing & general English.
4. Peter M, Tiersma (1999) Legal Language. Chicago University Press. Chicago
5. Bhatia, K. L (2016) Textbook on Legal Language and Legal Writing, 3rd
Edition.Universal Law Publishing, New Delhi

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