MZUMBE UNIVERSITY COLLAGE

COURSE NAME :DL1

SUBJECT NAME :COMMUNICATION SKILLS

CODE:LAW O20

TASK GIVEN: GROUPWORK

GROUP NO : 1

SUBMISSION DATE: JANUARY:15.2024

LECTURE NAME: MR .JOSHUA MJEMA

PARTICIPANTS REGISTRATION NUMBER

KIWANGO L ALAM..............................................2628045/T.23

JULIANA K LUSAMBO..........................................2628006/.T23

AINEKISHA C HOSEA............................................2628003/T.23

IBRAHIMU R HOCHI................................................2628030/T.23

ELIONORA G JOSEPH..............................................2628049/T.22T

DOTTO B MKUYU...................................................2628011/T.23

LUKUBA L KWILABYA.................................................2628072/T.22

LILIAN D MWAKASEGE................................................2628059/.T23T

EDINA E BUFE..................................................................2628103T.23

ZEPHANIA P MELKDES...................................................2628091/T.23

AMINA MILAMBO...........................................................2628120/T.22

QUESTION

What is the nature of legal language

INTRODUCTION

Meaning of the key terms such as

Language

Legal language

Nature of legal language

MAIN BODY

Work based on the disscusions of nature of legal language such as

CONCLUSION

This party based on summarruzing the whole party of the work

REFERENCES

This party shows the all list of cited materials source

Meaning of the key terms

According to Black's Law Dictionary 4thEdition 19681, page1022 defines Language as Any means of
conveying or communicating ideas; specifically, human speech, or the expression of ideas by written
characters. The letter, or grammatical import, of a document or instrument, as distinguished from its
spirit; as"the language of the statute

Legal language2, refers to the formalized language used in legal writing. It is based on logic rules and
differs from ordinary natural language in vocabulary, morphology, syntax, and semantics, aimed to
achieve consistency, validity, completeness, and soundness, while keeping the benefits of a human-like
language such as intuitive execution, complete meaning, and open upgrade

The nature of legal language³, is characterized by its complexity and precision. Lawyers must use the
right words to effectuate the wishes of their clients, and cases turn on the meaning that judges ascribe
to words. Legal language is often formal and can be difficult for laypeople to understand, partly due to
its historical conservatism and veneration of tradition

1
¹ Black's Law Dictionary 4thEdition1968

²Wikipedia https://en.wikipedia.org/wiki/Legal_EnEnglish

³grammar.ucsd.edu/courses/lign105/student-court-cases/Tiersma.pdf

2
MAIN BODY

Legal language is characterized by its precision, formality, and technicality, and it serves as the primary
means of communication within the legal profession and for the creation and interpretation of laws. The
nature of legal language can be understood through its unique features and the purposes it serves.

Technicality in Nature

Legal language is highly technical, reflecting the specialized knowledge and expertise required in the
legal field. It often includes terms and concepts that are not commonly used in everyday language, and it
may rely on Latin phrases, Frequency use of french terms ,use of archaics words ,using common words
with uncommon meaning .

Using common words with uncommon meanings

Using common words with uncommon meanings is a technique often seen in legal language. This
practice can make legal documents difficult for non-lawyers to understand. For example, the word
"consideration" in legal terms refers to something of value exchanged in a contract, which is different
from its everyday meaning. Similarly, "hearsay" in law has a specific definition that differs from its
common usage.also theword save in legal language mean exeption while in normal english language is"
rescue" and also "action" in legal language means law suit while in normal english or plain english means
deed.The use of such words with specialized meanings is a characteristic of legal language, which is why
many lawyers are now adopting a plain English style to make legal documents more accessible to the
general public

In legal language, common words are often used with uncommon meanings, making it challenging for
non-lawyers to understand legal documents. This practice is gradually changing as many lawyers are
now adopting a plain English style to make legal documents more accessible to the general public

Frequency use of french terms

In the field of legal language, the use of French terms can be quite common, especially in jurisdictions
with a historical connection to French law, such as in parts of Europe, Africa, and some regions of
Canada. The frequency of the use of French terms in legal language can vary depending on the specific
legal system and its historical influences.

From a techniquality perspective, the use of French terms in legal language can serve several purposes:

Precision and Specificity: In some cases, French terms may be used in legal language to provide precise
and specific meanings that may not have direct equivalents in the native language. For instance, "bona
fide" and "res ipsa loquitur" are legal terms with specific meanings that are often used in English-
language legal contexts.
Examples of French terms commonly used in legal language include "voir dire" (to speak the truth),
"culpa" (fault or negligence), and "prima facie" (at first sight). These terms have become integrated into
legal language in various jurisdictions and are used to convey specific legal concepts that may not have
direct translations in other languages.

Universality and Standardization: Latin phrases are often used in legal language to create a level of
universality and standardization across different legal systems and languages. For example, "habeas
corpus" (you shall have the body) is a well-known Latin legal term used in habeas corpus

Use of latin words

According to the Mussa, K. G. (2021)3. The Genesis of Legal Language. Legal Studies Journal, 5(1), 32-45.
Speaking on the issue use latin words in legal language .Latin has had a significant impact on the
development of law in many western countries. During the centuries when law was being established in
Britain, Latin was commonly used in court documents and legal proceedings. This is because the legal
system of ancient Rome, with its Latin foundation, greatly influenced the legal systems of these
countries.

Furthermore, many of the principles that evolved into modern law were derived from Roman law.
The Romans developed a comprehensive legal system that covered various aspects of society, and these
principles were incorporated into the legal frameworks of later civilizations. Latin remained the language
of scholarship during the medieval period when jurists further developed legal concepts and
doctrines.Example of these latin terms are

Example of Latin words:

per se (by itself), Bona fide (ingoodfaith,sincere,genuine.), Habeas corpus (Bring the body), Quid pro
qu (Nothing goes for nothing or something for something; tit for tat), Ab initio (from the beginning), Sub
judice (pending judgment)

use of archaics words

Archaic words in legal language can affect the technicality and clarity of legal documents. Using archaic
words may lead to ambiguity and difficulty in understanding legal texts, especially for non-experts. For
example, terms like "Herein"means in this document or matter and "The parties here to " instead of the
parties to this contract.are considered archaic and can be replaced with clearer, modern language to
improve the readability of legal documents.This is particularly important in legal writing, as it should be
3
Mussa, K. G. (2021). The Genesis of Legal Language. Legal Studies Journal, 5(1), 32-45.
clear and understandable to the intended readers[Therefore, the use of archaic words in legal language
can hinder the communication of legal concepts and should be avoided to ensure clarity and precision in
legal documents.

In the context of legal language, the use of archaic words can impede the technicality and precision of
legal texts. For instance, terms like "Herein"and and "The Parties here tp"are considered archaic and
can lead to ambiguity and difficulty in understanding legal documents. It is important to avoid such
archaic words to ensure clarity and precision in legal language.

Lengthy and complex sentences in nature

We as the lawyera can't write plain english we use words tosay what could be sayed in two words we
use urcane pharases to express common deeds seeking to be precised we become Verbose This is stated
by Richard C.wydick Example article 260 of the Constitution Of The United Republic Of Tanzania Of
1977 Cap 2( as amended time to time ) 4It stated

 When a. person receives, either alone or jointly with another person, any money or valuable
security or a power of attorney for the sale, mortgage, pledge or other disposition of any
property, whether capable of being stolen or not, with a direction in either case that such money
or any part thereof, or any other money received in exchange for it, any part thereof, or the
proceeds or any part of the proceeds of such security, or of such mortgage, pledge or other
disposition, shall be applied to any purpose or paid to any person, specified in the direction, such
money and proceeds are deemed to be the property of the person from whom the money,
security, or power, of attorney was received until the direction has been complied with.

Length: The sentence consists of multiple clauses and phrases, making it quite lengthy. It contains a
total of 93 words.

Complex sentence structure: The sentence is complex in nature due to the presence of various clauses
and sub-clauses. It contains several dependent clauses, relative clauses, and adverbial clauses, which
add complexity to its structure.Example of these complex structure sentence

Main clause: Such money and proceeds are deemed to be the property of the person.

Dependent clauses:

- When a person receives, either alone or jointly with another person, any money or valuable security or
a power of attorney for the sale, mortgage, pledge or other disposition of any property

- Whether capable of being stolen or not

4
Cap 2 1977(as amended time to time )
- With a direction in either case that such money or any part thereof, or any other money received in
exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of
such mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person

- Specified in the direction

- From whom the money, security, or power of attorney was received

- Until the direction has been complied with

These dependent clauses provide additional information and specifications, resulting in a complex
sentence structure. Additionally, the use of legal terminology and technical language adds to the
complexity of the sentence.

Adoptability in nature

The adaptability of legal language as a nature refers to its capacity to accommodate and incorporate
changes in society, including new concepts, technological advancements, and evolving interpretations.
Here are a few examples of how legal language demonstrates this adaptability:

Legislation: When new societal issues arise or technological advancements occur, legislatures can
enact new laws or amend existing ones to address these changes. For instance, the introduction of data
protection laws to address privacy concerns in the digital age reflects the adaptability of legal language
to encompass emerging technologies.

Legal Concepts: Legal language can incorporate new legal concepts to address emerging issues. For
example, the concept of "cybercrime" and related offenses had to be incorporated into legal language to
address criminal activities conducted online.

Court Decisions: Courts play a crucial role in interpreting and applying legal language to specific cases. As
society evolves, courts may interpret existing laws and precedents in a manner that reflects
contemporary values and societal changes orsubject matter . This interpretation through court decisions
helps in adapting legal language to changing circumstances.

Legal language is characterized by its precision, formality, and technicality, and it serves as the primary
means of communication within the legal profession and for the creation and interpretation of laws. The
nature of legal language can be understood through its unique features and the purposes it serves.

CONCLUSION
In summary, the nature of legal language is characterized by precision, formality, technicality, and a
clear focus on achieving specific legal purposes. Its use is essential for ensuring that legal documents and
instruments accurately capture the intentions of the parties involved and provide a clear and
unambiguous basis for legal decision-making.

REFERENCES

BOOKS

Black's Law Dictionary 4thEdition1968

Constitution Of The United Republic Of Tanzania Of 1977 Cap 2 (As amended 14 times )

Mussa, K. G. (2021). The Genesis of Legal Language. Legal Studies Journal, 5(1), 32-45.

WEBSITES

Wikipedia https://en.wikipedia.org/wiki/Legal_EnEnglish
grammar.ucsd.edu/courses/lign105/student-court-cases/Tiersma.pdf

EXPERTIES

Richard C.wydick