Introduction to English for Legal Purposes I

1. Introduction to English for Legal Purposes I Marijana Javornik Čubrić, PhD

2. General info • Lecturer: Dr. sc. Marijana JavornikČubrić • Classes: C1 – Wednesday 12:00-13:30 • Office hours: Wednesday 10:30 – 11:30, Gundulićeva 10, Room No. 6 • Contact: marijana.javornik@pravo.hr

3. Coursebook • Sočanac, Matijašević, Javornik Čubrić, Husinec, Horvatić Bilić: English for the Legal Profession, 2nd revised edition, Narodne novine, Zagreb, 2019 • Module One: Introduction to Law • Units 1-6 • Teaching materials (presentations) - Merlin

4. Recommended dictionaries • M. Gačić: Englesko-hrvatski rječnik prava, Naklada Ljevak, 2004 or 2010 • D. Vićan: English-Croatian Dictionary of Law, Narodne novine, 2015 • Black’s Law Dictionary

5. Topics • Language and Law • About Law • Branches of Law • The Historical development of Law • Legal Systems of the World • State Governance and Administration of Justice

6. Course outline (C1)

7. Attendance • Strongly recommended • Benefits • Required for taking the mid-term examinations

8. Examination • Written part - types of exercises: 1.Translation of legal terms and important phrases from English to Croatian and vice versa 2. Matching the terms with their definitions or words with their synonyms 3. Filling the gaps with appropriate words 4. Completing basic definitions/statements 5. Translation of a paragraph from the text into Croatian • Oralpart– presenting a topicusingrelevantvocabulary

9. Grading system • Written test is a prerequisite for the oral examination • Grading system: • 60-69% - 2 • 70-79% - 3 • 80-89% - 4 • 90-100% - 5

10. Any questions?

11. LSP

12. Common abbreviations • EFL – English as a Foreign Language • LSP – Language for Specific Purposes • ESP – English for Specific Purposes (f. e. Business English, Legal English – English for Legal Purposes or ELP) • EAP – English for Academic Purposes

13. LSP • The concept of LSP emerged after WWII as an answer to students and specialists’ need to learn languages related to their field of study • It is need-oriented • LSP studies a type of language used by members of a particular profession, concentrating on its text types, style and technical terms

14. The teaching of ESP • A separate activity within English Language Teaching (ELT) • ESP must be taught by studying a content-based subject – knowledge of the language becomes the means of learning content (CLIL) • The best and most common opportunities arise through reading texts. CLIL draws on the lexical approach, encouraging learners to notice language while reading.

15. A definition of ESP (Strevens) • ESP is designed to meet specific needs of the learner • Related in content (themes and topics) to particular disciplines or occupations • Centred on language appropriate to those activities in syntax, lexis, discourse and so on • In contrast with ‘General English’

16. Key stages in ESP • Needs analysis • Course design • Materials selection • Teaching and learning • Evaluation

17. Language issues in ESP • Grammar (only when relevant) • Vocabulary (technical, semi-technical) • Discourse analysis

18. LSP and Legal English

19. Discuss the following: • 1. Is legal language difficult? Why? • 2. What is the greatest difficulty in learning ELP? • 3. Should ordinary people be able to understand legal language? • 4. Do they understand it?

20. Difficulties in ELP 1. Polysemy (ordinary words used with a specific legal meaning) 2. Phrases/collocations (sequences of words which usually occur together) 3. Foreign words (borrowings) and archaisms 4. Doubles and triplets 5. Technical vocabulary

21. Polysemy • Words that have several meanings; one meaning in ordinary English and another meaning as a legal term • The importance of the context (everyday language v. language for legal purposes) • Examples: common, act, consideration, tender, challenge, redemption etc.

22. Collocations • Collocations are expressions which consist of two or more words which frequently appear together. • Collocations may involve adjectives and nouns (e.g. ‘a promisory note’, ‘reasonable doubt’, ‘a void contract’), verbs and nouns (‘to fulfil obligations’, ‘to award damages’), adverbs and nouns (‘legally binding statement’). • Example: to pass... a bill, a law, examination, greetings, a sentence, a resolution, a verdict

23. Phrases/collocations Some examples: • detrimental effect – štetno djelovanje • discharge the jury – raspustiti porotu • rescind a contract – raskinuti ugovor • sham marriage – lažni brak • beyond reasonable doubt – izvan svake sumnje • voidable contract – pobojan ugovor • wrongful death – smrt treće osobe

24. Borrowings and archaisms • Borrowings: foreign words, mainly of Scandinavian, Latin and French origin • Archaisms: (old words no longer in use in everyday communication)

25. Law Latin • In the 11th and 12th century, Latin was the language of legal document in England • In this period common law system was created, and consequently many common law terms were originally formed in Latin. • As an example, here is a list of some Latin words and phrases that are still most common in legal English: ab initio, affidavit, amicus curiae, bona fide, ex parte, habeas corpus, in personam, inter alia,mensrea, obiter dicta, stare decisis, subpoena, sui generis… • These examples only show how extensive the list could be; it has been estimated that at least some 3,000 Latin maxims are currently used in legal English.

26. The Norman Conquest • The Norman Conquest in 1066 was one of the most important events in English history that also proved to be one of the most important events in the development of the English language in general, and particularly the language of the law. • After the Conquest, the new king William brought to England numerous noble families from Normandy. Linguistic situation in the country became complex, as common folk spoke English, the newcomers spoke French, and the written language was, as in the rest of Europe, primarily Latin.

27. Law French • Although it is frequently claimed that the Norman Conquest caused French to become the language of the law in England, the first law was actually promulgated in French in 1275. • Soon after that French became the language of the legislature and judiciary. • This situation continued for almost three centuries.

28. New French terms French in the EU Commonly accepted terms such as: • Acquis communitaire • Rendez-vous clause • OLAF

29. Archaic terms • Aforementioned – set out above • Hereafter – after this • Hereby – in this way • Herein – in this (document) • Notwithstanding – despite • Thereafter – after that • Thereby – in that way • Therein – in that (document) • Therewith – with that

30. Doubles and triplets • To have and to hold – to own • Any and all – all • Last will and testament • Null and void • Full and complete • Ready, willing and able • The truth, the whole truth and nothing but the truth • Goods and chattels

31. Technical vocabulary • Legal terms – examples: • Tort • Alternative dispute resolution • Legal remedies: damages and injunction • Trafficking • Money laundering

32. Similar notions Discuss the differences in the meaning of these similar notions: • Contract v. agreement • Probation v. parole • Evidence v. proof • Common law v. case law • Barrister, solicitor, lawyer, attorney, counsel, litigator - odvjetnik

33. Characteristics of Legal English • Archaisms and borrowings • Long and complex sentences • Passivization, subordination, nominalization • Legal doublets • Impersonal style – avoiding personal pronouns • Special usage of modal verbs and legal “shall” – imposing an obligation or duty on someone • Technical vocabulary • Repetition of words

34. Plain English for Law movement • The main premise: legal documents ought to be plainer and more comprehensible to the average person • The movement began in the 1970s, but people have objected to the obscurity of legal language for many centuries • The first plain English law: The Statute of Pleading enacted in 1362 (“all pleas be pleaded, defended, answered, debated and judged in the English tongue”)

35. Results of the movement • Some of the most important changes in the legal language in England were introduced in 1999 with the implementation of the new rules of civil procedure that abolished some outdated legal terms for modern equivalents, such as: • Anton Piller order - search order • ex parte – without notice • In camera – in private • Plaintiff – claimant • Subpoena – witness summons • Writ – claim form

36. Thank you for your attention!