Legal Drafting in English The big picture on the small print

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Legal Drafting,in English,William Caxton,c1415 22 c1492 Introduced the first. printing press to England credited with,standardising the English language. Introduction, This Eversheds guide to legal drafting in English is Modern day English only started to take shape about. not a dictionary grammar book or academic tome 400 years ago at about the same time that certain. Neither is it a comprehensive look at aspects of modern legal concepts were also starting to appear. English in a legal context Instead it is a pioneering Thus for example many terms in modern legal. attempt to provide some practical assistance to busy English are based upon ancient French legal. lawyers around the world whose native language is terms that have changed both their legal and. not English but who in the course of their daily work their linguistic meaning. need to read write negotiate and converse in, legal English This kind of historical evolution is not unique to. legal English There are also quite a few French, One of the first problems we faced was the fact terms used in modern legal Dutch Russian and.
that there are many equally valid versions of legal Turkish Similarly the Spanish term for the Internet. English including UK and US English These are not sign aroba is actually based upon an old Arabic. only different from each other but are evolving all word which has nothing to do with electronics. the time adding new words with new connotations, such as cybersquatting mobbing pretexting and However in comparing legal English to many other. wikispamming They are also based upon very legal languages it seems quite clear that English has. diverse legal systems compare and contrast by far the most terms that for historical reasons are. California Scotland New South Wales or India mismatched and misleading An enormous number. for example of words and phrases used in legal English have. multiple and misleading meanings which seem, Historically English was not an ideal choice to be an designed to confuse non English speakers. international legal language For example modern, legal English is mainly a mixture of Old French Even native speakers can have problems in relation. plus some Latin Greek German Dutch Old Norse to terms such as the UK company secretary and. and a variety of other languages Many of these the US corporate secretary These are two very. have contributed legal English terms which have different things and neither should be confused with. no recognizable connection with modern law in the secretary a person who types letters and does. UK or the USA or anywhere else where English is other tasks in a business office and Secretary. the language of law but which survive to confuse a government official in many countries. even native English speakers, The difficulties of legal English are made even worse We have set up the information in a variety of user. due to the fact that it is always used alongside non friendly ways including some charts and a detailed. legal English which has many special problems all index The pages include some false friends you. of its own Both are very fast moving targets that need to watch out for worst mistakes to avoid. are not easy to pin down or to simplify The Oxford and some meanings which are better found in. English Dictionary which is 20 very large volumes translation There is also a Bibliography suggesting. long adds about 4 000 new English words every year some reference materials suitable for more. No book the size of this one could possibly contain all detailed study. the rules and suggestions needed to work securely,with international legal English but we hope.
that this pocketsized selection and miscellany will Paul Smith Partner Eversheds LLP. nevertheless provide you with many useful insights paulsmith eversheds com. as to some of the most commonly encountered September 2011. We ll be highlighting common problems and things,to watch out for as well as examining some error. patterns that will help you to sense when you may, need to use a word or phrase with extra caution or. should simply seek an alternative one, English speakers worldwide A note about English spelling. The bad news is that English in its many local, 600 million use English as mother tongue and international varieties has an enormous. number of irregular and unpredictable ways to,spell many words The good news is that.
800 million more learn and use English English speakers are not very fussy about such. as second language issues and that few words used in legal English. even if spelled improperly will lead to real,error or misunderstanding. 330 million use English in India alone,In China 175 million people were. Drafting tip When using bilingual dictionaries,studying English in 2005 and 20 million. remember that most cannot be relied upon to take, more business users of English are into account all the different meanings of English. emerging each year words For example in British English the noun a. remit is often used quite informally to describe,someone s area of responsibility or to describe a.
70 countries use English as an official specific task that has been given to them This. language in government courts media meaning is rare in US English It is however. encountered in Australian English Indian English,and education. and New Zealand English, English is the working language in Let s say that your native language is Portuguese. When you first encounter a phrase such as that,international industry sectors such. is outside my remit a good British English to, as finance petroleum aviation and Portuguese dictionary may tell you that this means. the Internet isto est fora da minha al ada Thus in your mind. the noun al ada the noun remit Few bilingual, dictionaries will also alert you to the fact that remit.
here is a British usage not a US one However in,legal Portuguese al ada also means jurisdiction. and competence If you then use the word remit,generally to mean jurisdiction or competence. Some drafting advice, people in the US and in the UK will probably from past masters. be confused,There are many such examples involving all. languages Always try to use the English word that, is the most neutral and the most universally accurate If your words are not correct your business will.
and understood When in doubt look up the same not be successful. word in a British and in a US dictionary and compare. K ung Ch iu Confucius Chinese philosopher,the meanings and examples given by both Also. 551 479 BCE Analects, go back and use your British English to Portuguese. dictionary the other way around Look under,al ada in the Portuguese part if the English. Ich kann das Wort so hoch unm glich sch tzen, translations for the word do not include remit that. Geschrieben steht Im Anfang war der Sinn,is a good sign that remit may have a very special.
and limited meaning I cannot rate the Word in first place in the. beginning is Meaning, Another easy thing to do is to check in a good Johann Wolfgang von Goethe 1749 1832 Faust. mono lingual thesaurus please see Bibliography Part I lines 1 120 1 122. Nostre parler a ses foiblesses et ses deffaults,comme tout le reste La plus part des occasions. des troubles du monde sont Grammariens,Our speech has its own weakness and defects like. the rest of us Most of the difficulties in this world. arise from disputes about grammar the meaning,Michel de Montaigne 1533 1592 Essays Book II. Chapter 12 Apology for Raymond Sebond,Dobre Praktyki w Sp kach Publicznych 2005.
Two different approaches to drafting opracowane przez Komitet Dobrych Praktyk Forum. KISS Keep It Simple Stupid American saying Corporate Governance and the Dutch De. Nederlandse corporate governance code Beginselen, When I use a word Humpty Dumpty said in van deugdelijk ondernemingsbestuur en best practice. a rather scornful tone it means just what I bepalingen which also uses the English term best. choose it to mean practice,Lewis Carroll British author 1832 1898 in. Through the Looking Glass 1872 In other languages an easily recognizable local. translation of corporate governance is used,Greek and Guvernan. Corporativ Romanian The terms used in, Legal English that is internationally used and Azerbaijani and Estonian are not so easily. understood antitrust balanced scorecard B2B recognizable Korporativ dar etm and. business to business cash flow CEO class actions ldjuhtimine but they are merely a word for. copyright corporate governance director dotcom word translation of corporate governance. due diligence dumping EBITDA financing Two different terms are used to translate these into. franchising GAAP golden share hacking hedge Chinese or Four such terms. fund IAS Internet insider trading IPO joint are used in Thai. venture leader leasing leveraged buy out LBO,LIBOR lobbying management marketing M A.
MBO money laundering option outsourcing peer,to peer P2P raider self dealing SIX SIGMA spam. whistleblower WWW,Some words and phrases in legal English catch on. so well that they become part of local standard,vocabulary For example in German the English term. corporate governance is used even in the official,German language text of important rules and laws. such as the German Deutscher Corporate Governance,Kodex and the Austrian sterreichischer Corporate.
Governance Kodex It is also used in the Polish, Some colorful legal phrases Legal drafting for new. legal concepts,Beige Book blackacre black letter law. New ideas with legal significance come from all,blacklist blackmail blackout period Blue. over the world but they often find an internationally. Book blue pencilling blueback blue chip recognized formulation in English that is then either. blue ribbon jury Blue Sky laws brownfield translated into local languages or simply becomes part. of the local vocabulary in English In many cases it. under color of law colorable title golden, takes time to determine which term will become the. rule golden share golden handshake most used An example of such a fairly new term is. golden parachute greed card greenmail data breach security notification Here is how the term. is currently translated in various European languages. greenwashing Gretna Green marriage,Czech ozn men o poru en bezpe nosti dat.
green belt Green Paper green shoe, evergreen contract evergreen prospectus German Offenlegung von Sicherheitsverletzungen. pers nliche Daten,greenhouse gas emissions trading Gray s. Finnish ilmoitus tietoturvaloukkauksesta or,inn pink ceiling Purple Book UK Pensions. tietoturvaloukkausta koskeva ilmoitus,Regulator Purple Book FIDIC Red Book. French notification de violation de s curit donn es. of the Exchequer red herring redline personnelles, version red tape white collar crime White Italian notificazione di violazione di securit.
Paper white knight white shoe yellow dati personali. journalism yellow dog contract Maltese Notifika ta ksur tas sigurta tad data. Norwegian avviksmelding or varsel om uautorisert,utlevering av personopplysninger. Slovakian ozn menie o poru en z kona pri,zabezpe ovan ochrany dajov. Slovenian varnostno obvestilo o vdoru v varovane,osebne podatke. Spanish notificaci n de violaciones de la seguridad. datos personales,Try to keep your English legal vocabulary. Bluffer s guide,up with the times,Some Australian legal terms.
If Samuel Johnson 1709 1784 were alive, today how would he have defined the Internet Greenwood duty An obligation owed to a bank by. Certainly not as a global reticulation a customer to notify the bank of any suspected. decussated electronically with interactive forged cheques. interstices among the cyber spatial, intersections Owelty Sum of money payable as part of a partition. Be not the first by whom the new are tried of land among co owners. nor yet the last to lay the old aside,Westpac letters Confidential communications. Alexander Pope British poet 1688 1744,between Westpac Bank and its lawyers in a famous. Legal English tends to be lazy Thus data Australian legal case. breach security notification may even become,further watered down for example to data.
Some Canadian legal terms,breach notice or data security notice. Cut off lands Lands that were formerly appropriated. by a Province for the use and benefit of Indians, A note about Scottish legal English Faint pleader A collusive false or fraudulent method. A fairly large number of terms are still found in of pleading in litigation. Scotland that would be generally unfamiliar, elsewhere in legal English Some examples Perverse verdict A verdict in which a jury refuses to. include backhand rent bairns part brieve follow the Judge s direction on a point of law. brocard causal system of transfer consignation, diligence on the dependence fishing diligence Systems action Litigation in which a person or group. fitted account irritancy name and arms clause with a general public interest attacks the conduct of. perquisition poinding the ground pollicitation a governmental authority on the grounds that it. privative jurisdiction Sewell motion tacit acted unconstitutionally or unlawfully. relocation taxative plan tocher band violent,profits vitious intromitter warrandice.
Some Indian legal terms Some UK legal terms, Commodate The loan of a specific chattel to be Calderban. Legal Drafting in English The big picture on the small print Legal Drafting in English William Caxton c1415 22 c1492 Introduced the first printing press to England credited with standardising the English language 1 2 3 Introduction This Eversheds guide to legal drafting in English is not a dictionary grammar book or academic tome Neither is it a comprehensive look at aspects of English

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