Tuesday, 6 November 2012
Rainbow Warrior Case Study: Answer Key
Exercise 1: legal terminology
(1)-(b) state responsibility
(2)-(h) non-intervention
(3)-(i) manslaughter
(4)-(c) negotiations
(5)-(j) economic sanctions
(6)-(a) settlement
(7)-(f) compensation
(8)-(g) mutual consent
(9)-(d) binding arbitration
(10)-(e) private claims
Exercise 2: comprehension
(1)-(b)
(2)-(d)
(3)-(a)
(4)-(b)
(5)-(c)
Exercise 3: research
No answer given.
Public International Law Case Study: Rainbow Warrior Case
Read the summary of the Rainbow Warrior case and then do the exercises on it below.
The Rainbow Warrior case was a dispute between New Zealand and France. It arose following the sinking of the Greenpeace ship the Rainbow Warrior by French secret forces in Auckland harbour in 1985. In legal terms, the case deals with the nature of (1) ____________. It reinforces the concept that international law contains a doctrine of (2) ____________ which states will be punished for contravening.
For many years France had been conducting underground nuclear tests on the Mururoa Atoll in French Polynesia, claiming that these tests had no impact on the environment. Greenpeace had led protests against the French tests for more than 15 years, including attempts in 1973 and 1982 to send ships into the waters prohibited for navigation by France. In 1985 Greenpeace again planned to send several ships, including the British-registered Rainbow Warrior, into the neighbourhood of the nuclear testing area. On 10 July 1985, an undercover operation ordered by the French military service sank the Rainbow Warrior in New Zealand’s Auckland harbour using two explosive devices, killing one crewman in the process.
Following this event, two French agents caught in New Zealand were sentenced to ten years’ imprisonment for (3) ___________ and seven years for wilful damage, the terms to run concurrently. The French government refused to extradite other French officials involved in the action to New Zealand, and sought (4) ___________ for the release and return to France of the two agents, arguing that they had acted under military orders.
New Zealand suspended the negotiations in May 1986 after France had imposed (5) ___________ which impeded New Zealand imports. In June 1986 the two states agreed to refer all issues to the Secretary-General of the United Nations, Perez de Cuéllar, for resolution. Mr de Cuéllar achieved a quick (6) ____________ by July 1986, which required France to convey to New Zealand ‘a formal and unqualified apology for the attack, contrary to international law’, to pay USD 7 million to New Zealand as (7) ____________, and to stop impeding New Zealand imports into the EC. New Zealand was required to transfer the two agents to the French military authorities, who were to keep them isolated under military discipline for a period of three years on the island of Hao in French Polynesia. They were not to be permitted to leave the island except with ‘the (8) ____________ of the two Governments’. The ruling also provided a method of (9) ___________ for further disputes between the two parties.
However, at the end of 1987 and some months later in 1988 France allowed both agents to leave Hao and return to France, partly for alleged medical reasons. This led to a decision of an arbitral tribunal on 30 April 1990, which distinguished between the two repatriation cases. In the first case, France was not found to be in breach of its obligations towards New Zealand by repatriating the agent in December 1987. However, in the second case France was held responsible for a breach by failing to make a good faith effort to secure New Zealand’s consent to the repatriation. The Tribunal also made a recommendation that the two governments should establish a fund aimed at promoting friendly relations between the citizens of both countries, into which the French government was asked to pay USD 2 million.
In addition to the main case described above, there were also (10) ___________. France reached a settlement with the family of the dead crewman and admitted liability towards Greenpeace which resulted in an arbitral award of damages.
Exercise 1: legal terminology
Fill the numbered gaps in the text above with the correct word or phrase from the list below.
a) settlement
b) state responsibility
c) negotiations
d) binding arbitration
e) private claims
f) compensation
g) mutual consent
h) non-intervention
i) manslaughter
j) economic sanctions
Exercise 2: comprehension
Consider the questions below. In each case, decide which of the four statements (a) to (d) given in respect of each question corresponds most closely to the meaning of the passage.
(1) The two French agents who carried out the sinking of the Rainbow Warrior: Zealand:
a) were sentenced to a total term of imprisonment of 17 years by the New Zealand courts.
b) were sentenced to a total term of 10 years by the New Zealand courts.
c) were not handed over to New Zealand by the French government.
d) also murdered one of the Rainbow Warrior’s crew.
(2) The settlement terms achieved by Perez de Cuéllar:
a) required France to buy more imports from New Zealand.
b) required New Zealand to pay USD 7 million to France.
c) required New Zealand to keep the agents imprisoned for a period of three years on an island in French Polynesia.
d) required France to apologise to New Zealand for the sinking of the Rainbow Warrior.
(3) There was a further arbitration hearing of the case in April 1990:
a) to decide on the question of the repatriation of the two agents to France.
b) to handle the private claims arising from the sinking of the Rainbow Warrior.
c) because a mechanism for arbitration had been established in Perez de Cuéllar’s original settlement.
d) to decide on the amount of compensation to be paid by France.
(4) France was asked to pay USD 2 million:
a) to the family of the dead crewman.
b) into a fund aimed at promoting friendly relations between France and New Zealand.
c) to Greenpeace.
d) to the New Zealand government.
(5) The legal significance of the Rainbow Warrior case:
a) has to do with the concept of state responsibility.
b) is obscure.
c) is that it underscores the concept that states have a duty of non-intervention.
d) is that it is illegal to sink ships belonging to other parties.
Exercise 3: research
The theory of the law of state responsibility has developed considerably since the Rainbow Warrior case, in particular due to the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts by the International Law Commission (ILC) in August 2001. Read the Draft Articles here: http://untreaty.un.org/ilc/texts/instruments/english/draft%20articles/9_6_2001.pdf
Then consider the following questions:
1) Under what circumstances can one state be held responsible for wrongful acts committed by another state?
2) Under what circumstances can an act committed by an individual be considered as a wrongful act of a state?
Refer to the Answer Key for the answers.
Monday, 1 October 2012
Who, Whom, Which and That
Who or whom?
The correct use of who and whom is a matter which many non-native and native speakers of English alike have difficulty with. The distinction between them is that who acts as the subject of a verb, while whom acts as the object of a verb or preposition. This distinction is not particularly important in informal speech but should be observed in legal writing.
For example, whom should be used in the sentence, ‘I advised Peter, John and Mary, all of whom are contemplating claims against RemCo Ltd’.
Who should be used in the sentence, ‘I saw Peter, who is contemplating a claim against RemCo Ltd’.
When who is used, it should directly follow the name it refers to. If it does not, the meaning of the sentence may become unclear. For example, ‘I saw Peter, who was one of my clients, and James’ instead of ‘I saw Peter and James, who was one of my clients’.
Which or that?
Which and that can frequently be used interchangeably. However, there are two rules to bear in mind.
- When introducing clauses that define or identify something, it is acceptable to use that or which. For example, ‘a book which deals with current issues in international trade law’ or ‘a book that deals with current issues in international trade law’.
- Use which, but never that, to introduce a clause giving additional information about something. For example, ‘the book, which costs €30, has sold over five thousand copies’ and not ‘the book, that costs €30, has sold over five thousand copies’.
Who, whom, which or that?
Who or whom should not be used when referring to things which are not human. Which or that should be used instead. For example, ‘the company which sold the shares’ is correct. ‘The company that sold the shares’ is also correct. ‘The company who sold the shares’ is incorrect.
That should be used when referring to things that are not human, and may be used when referring to a person. However, it is usually thought that is more impersonal than who/whom when used in this way. As a result it is better to say ‘the client who I saw yesterday’ than ‘the client that I saw yesterday’.
Wednesday, 29 August 2012
Product Liability Case Study: Answer Key
Exercise 1: prepositions
a) to
b) in
c) from
d) between
e) towards
f) before
g) at
h) for
i) by
j) on
Exercise 2: anagrams
1) tort
2) proceedings
3) trial
4) jury
5) litigation
Exercise 3: verbs
1) heard
2) ordered
3) suffered
4) lasted
5) claimed
6) initiated
7) accusing
8) Applying
9) found
10) cited
Exercise 4: true or false?
(1) false (she was sitting in the passenger seat of her grandson’s car)
(2) false (she spent eight days in hospital and lost nine kilograms in weight)
(3) true (the $20,000 offer was to cover actual and anticipated – i.e. future – medical expenses)
(4) true (the coffee was served hot because it was mostly bought by commuters who wanted it to stay hot during their journey)
(5) false (the parties settled the case out of court)
Exercise 5
No answers given.
Product Liability Case Study & Exercise: Liebeck v McDonalds (1994)
Read the summary of case of Liebeck v McDonald’s Restaurants below and then try the exercises on it.
Liebeck v. McDonald's Restaurants (also known informally as the ‘McDonald's coffee case’ and the ‘hot coffee lawsuit’) was an American product liability case (1) ________ in 1994. It triggered debate over tort reform after the jury awarded $160,000 (in addition to $2.7 million in punitive damages) (a) ____ the claimant, who had spilled hot coffee purchased from a McDonald’s restaurant over herself, causing third degree burns.
The facts of the case were that (b) _____ 1992, Stella Liebeck, a 79-year-old woman (c) ______ Albuquerque, (2) ________ a coffee from the drive-through window of a local McDonald's restaurant. She was sitting in the passenger seat of her grandson’s car, put the coffee cup (d) _______ her knees and pulled the lid (e) ______ her to open it. In the process, she spilled the contents of the whole cup on her lap, causing extensive scalding. She was taken to hospital, where it was found that she had (3) _______ third-degree burns on six percent of her skin, as well as other lesser burns. These had to be corrected with skin grafts. Her stay in the hospital (4) _______ eight days, during which she lost nine kilograms in weight. Two years of medical treatment followed.
Liebeck (5) _______ $20,000 from McDonald's to cover her actual and anticipated medical expenses, but the company was only prepared to offer $800. When McDonald’s refused to increase its offer, Lieback (6) _______ proceedings in New Mexico District Court (7) ________ McDonald's of ‘gross negligence’ for selling coffee that was ‘unreasonably dangerous’ and ‘defectively manufactured’.
The trial took place during August 1994 (f) ______ Judge Robert H. Scott. Liebeck's attorneys had discovered that McDonald's required franchisees to serve coffee at 82-88 degrees centigrade, a temperature (g) _______ which coffee would cause a third-degree burn in two to seven seconds. They argued that coffee should never be served hotter than 60 degrees centigrade, and pointed out that a number of other establishments served coffee at a much lower temperature than McDonald's. In its defence, McDonald's argued that the coffee was served hot through its drive-through windows because those who bought it were typically commuters who wanted to drive a long distance with the coffee; the high initial temperature would keep the coffee hot during the trip.
(8) _______ the principles of comparative negligence, the jury (9) _______ that McDonald's was 80% responsible (h) ______ the incident and Liebeck 20% responsible. Although the coffee cup had a warning on it, the jury decided that this was not large enough and insufficient. They awarded Liebeck US$200,000 in compensatory damages, which was then reduced (i) ____ 20% to $160,000. They also awarded her $2.7 million in punitive damages, which the judge reduced to $480,000. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount of less than $600,000.
The case has been (10) _______ by many as a glaring example of frivolous litigation (ABC News called it ‘the poster child of excessive lawsuits’), while others have taken a more sympathetic view based (j) ____ the actual facts of the case.
Exercise 1: prepositions
Insert the correct preposition from the list numbered (1) to (10) below into the gaps lettered from (a) to (j) in the passage.
1) before
2) in
3) on
4) between
5) at
6) by
7) towards
8) from
9) to
10) for
Exercise 2: anagrams
An anagram is a type of word play achieved by rearranging the letters of a word or phrase to produce a new word or phrase, using all the letters once. The examples below are not pure anagrams since the ‘words’ do not mean anything in their current forms. However, once rearranged they reveal themselves to be nouns used in the case summary above.
1) TTRO
2) SGNORPEENIDC
3) ALTRI
4) NOTIGATILI
5) YUJR
Exercise 3: verbs
Insert the following verbs in the appropriate gaps in the passage given above. Note that in order to achieve a correct answer it will, In many cases, be necessary to adjust the form of the given verb into an appropriate tense (e.g. find might be changed to finding, found or yet another form as necessary).
order
initiate
cite
claim
suffer
find
accuse
hear
apply
last
Exercise 4: true or false?
Are the statements below true or false?
(1) Stella Liebeck spilt hot coffee over herself while sitting in a McDonald’s restaurant. (true/false)
(2) She had to stay in the hospital for six days and lost eight kilograms in weight. (true/false)
(3) The sum offered by McDonald’s to Stella Liebeck was intended to cover medical expenses she expected to incur in the future due to the incident as well as those already incurred. (true/false)
(4) During the trial, the defendant company argued that there were good reasons why take-away coffee should sometimes be served hotter than 60 degrees centigrade. (true/false)
(5) At the appeal hearing, the court reduced the damages award to under $600,000. (true/false)
Exercise 5: terminology research
Research the meaning of the following terms used in the passage.
1) poster child
2) frivolous litigation
3) punitive damages
4) tort reform
5) comparative negligence
Monday, 25 June 2012
How to Use Citations
Here are a few notes on the use of citations in legal text.
References to statutes
The names of statutes should be written without a comma between the name of the statute and the year it was enacted. For example, the ‘Children Act 1995’.
The word ‘the’ should not form part of the name of a statute. Therefore, one should write ‘the Single European Act 1986’ and not ‘The Single European Act 1986’.
When referring to a section of a statute write ‘section’ in full using a lowercase ‘s’ (unless starting a sentence). For example, ‘section 2 of the Sales of Goods Act 1979’.
When referring to a particular sub-section of a statute do not use the word ‘sub-section’. Use the word ‘section’ followed by the relevant number and letter, for example, ‘section 722(1) of the Companies Act 1985’.
References to cases
Case citations fulfil two functions. They name the case and also tell the reader where a report of the judgment can be found. The name of the case itself appears in italics, with the word ‘versus’ replaced by ‘v’. The notation which appears after the name of the case indicates where the case report can be found
For example, the citation Donoghue v Stevenson [1932] AC 562 (HL) tells us that the case was decided by the UK House of Lords (HL), involved a claimant called Donoghue and a defendant called Stevenson, and can be found in the 1932 volume of the series of the Law Reports called the ‘Appeals Cases’ at page 562.
Footnotes in academic texts
When citing works in footnotes, the following rules apply:
• The names of authors are generally given with the surname first followed by initials. For example: Rutherford, T. B. , Taylor, R. D. and Footner, B. A.
• The names of individual articles are generally given in quotation marks, with only the first letter of the first word capitalised. For example: ‘The future of fossil fuels’.
• The names of publications are italicised without quotation marks, followed by the year of publication and the name of the publisher. For example: The Environmental Law Review, Vol. 35 (Dogford University Press, 2006).
• The page number or numbers relevant to the point raised in the text are given at the end of the footnote.
Therefore, a footnote citing the information given above would appear as follows: Rutherford, T. B. , Taylor, R. D. and Footner, B. A., ‘The future of fossil fuels’, The Environmental Law Review, Vol. 35 (Dogford University Press, 2006) at p. 35.
Standard bibliographical abbreviations
Here is a list of some of the standard bibliographical abbreviations used when citing works in footnotes.
and others (et alii): et al.
edition: edn.
editions: edns.
editor: ed.
editors: eds.
in the same place (ibidem): ibid.
line: l.
lines: ll.
number: No.
page 35: p. 35
pages 35-43: pp. 35-43
paragraph: para.
paragraphs: paras.
revised/revision: rev.
translator/translated: trans.
volume: Vol.
For further guidance on citing legal sources, have a look at the Oxford Standard for Citation of Legal Authorities (‘OSCOLA’), which can be found at www.law.ox.ac.uk/published/oscola.
For further legal English materials, try the Legal English Store.
Monday, 7 May 2012
Subject-Verb Agreement: Guidelines and Examples
When relating the subject of a sentence with the main verb, the basic rule is that a singular subject takes a singular verb, while a plural subject takes a plural verb. The difficulty lies in knowing whether the subject and verb are singular or plural.
Here are some specific rules together with examples of usage. Note that this is by no means an exhaustive list.
(1) When the subject of a sentence is composed of two or more nouns or pronouns connected by and, use a plural verb. For example:
The attorney and her assistant are in court today.
(2) Two singular subjects connected by or or nor require a singular verb. For example:
My lawyer or my accountant is attending the meeting today.
(3) Two singular subjects connected by either/or or neither/nor require a singular verb. For example:
Neither my lawyer nor my accountant is available.
(4) When a singular subject is connected by or or nor to a plural subject, put the plural subject last and use a plural verb. For example:
Your signature as well as those of the other parties go at the bottom of the document.
(5) In circumstances where the subject is separated from the verb by words such as along with, as well as, besides, or not, disregard these expressions when deciding which verb form to use. For example:
My lawyer, along with my accountant and one of his colleagues, is expected to arrive later.
(6) Ignore these expressions when determining whether to use a singular or plural verb.
(7) The pronouns each, everyone, every one, everybody, anyone, anybody, someone, and somebody are singular and require singular verbs. For example:
Each of the candidates is capable of the doing the job well.
(8) The phrase the number should be followed by a singular verb, but the phrase a number should be followed by a plural verb. For example:
The number of different companies involved in this process is five.
But:
A number of different companies are involved in this process.
(9) A singular verb should be used with sums of money or time periods. For example:
Five years is a long time to wait for a court hearing.
(10) Nouns ending in ‘s’ normally require plural verbs but not always. The words news, mathematics, and dollars (among others) require singular verbs. For example:
I'm afraid the news is bad.
Here are some specific rules together with examples of usage. Note that this is by no means an exhaustive list.
(1) When the subject of a sentence is composed of two or more nouns or pronouns connected by and, use a plural verb. For example:
The attorney and her assistant are in court today.
(2) Two singular subjects connected by or or nor require a singular verb. For example:
My lawyer or my accountant is attending the meeting today.
(3) Two singular subjects connected by either/or or neither/nor require a singular verb. For example:
Neither my lawyer nor my accountant is available.
(4) When a singular subject is connected by or or nor to a plural subject, put the plural subject last and use a plural verb. For example:
Your signature as well as those of the other parties go at the bottom of the document.
(5) In circumstances where the subject is separated from the verb by words such as along with, as well as, besides, or not, disregard these expressions when deciding which verb form to use. For example:
My lawyer, along with my accountant and one of his colleagues, is expected to arrive later.
(6) Ignore these expressions when determining whether to use a singular or plural verb.
(7) The pronouns each, everyone, every one, everybody, anyone, anybody, someone, and somebody are singular and require singular verbs. For example:
Each of the candidates is capable of the doing the job well.
(8) The phrase the number should be followed by a singular verb, but the phrase a number should be followed by a plural verb. For example:
The number of different companies involved in this process is five.
But:
A number of different companies are involved in this process.
(9) A singular verb should be used with sums of money or time periods. For example:
Five years is a long time to wait for a court hearing.
(10) Nouns ending in ‘s’ normally require plural verbs but not always. The words news, mathematics, and dollars (among others) require singular verbs. For example:
I'm afraid the news is bad.
Wednesday, 18 April 2012
Criminal Law Case Study: Answer Key
Here is the answer key for the previous post.
Exercise 1
1) true
2) false
3) false
4) false
5) true
Exercise 2
(1)-(c)
(2)- (a)
(3)-(b)
(4)-(d)
(5)-(c)
(6)-(a)
(7)-(d)
(8)-b)
(9)-(a)
(10)-(d)
Exercise 3
(1) of
(2) from
(3) to
(4) after
(5) on
(6) with
(7) by
(8) on
(9) for
(10) to
Exercise 1
1) true
2) false
3) false
4) false
5) true
Exercise 2
(1)-(c)
(2)- (a)
(3)-(b)
(4)-(d)
(5)-(c)
(6)-(a)
(7)-(d)
(8)-b)
(9)-(a)
(10)-(d)
Exercise 3
(1) of
(2) from
(3) to
(4) after
(5) on
(6) with
(7) by
(8) on
(9) for
(10) to
Criminal Law Case Study: Exercises
Case summary: R v Arnaouti
Read the case summary below and then try the exercises on it. Refer to the 'answer key' post for the answers.
In 2005, a British court jailed four members (1) ____ a counterfeit money gang for a combined total of 21 years. The gang, whose members hailed (2)_____ Liverpool and Manchester, had printed more than £2.5m worth of fake £10 notes and $3.5m worth of counterfeit US notes. Its members were brought (3) _____ justice as the result of a joint operation between the National Crime Squad and the US Secret Service. The suspicions of the US authorities had been aroused (4) _____ British holidaymakers arriving in Florida started trying to pass fake dollars.
The scam was described as ‘sophisticated and audacious’. Det Supt Lewis of the National Crime Squad commented as follows:
‘This is one of the most sophisticated counterfeit printing operations we've uncovered in recent years. These were good quality banknotes, good quality travellers' cheques which could have had a very significant undermining effect on those economies.’
The crime was uncovered after police raided a printing firm in Ashton-under-Lyne, Greater Manchester, in December 2002. The printing firm turned out to be bogus – a mere front for the counterfeiting operation. Police found counterfeiting machinery (5) ______ the premises, including a four-colour printer, a paper guillotine, papers and inks, as well as a number of holdalls packed (6) ____ fake notes.
One interesting feature of the case was the role played (7) _____ an investigative team from the BBC. During a six-month surveillance operation, a team of undercover BBC reporters infiltrated the gang. Posing as crooks, they were able to secretly film the gang producing £10 and £20 notes and $100 bills.
Commenting (8) _____ this aspect of the case, Judge Bernard Lever said the BBC ‘must ensure they are extremely careful in vetting undercover operatives and must understand the frustrations of police involved in the other matter’. He added: ‘However, senior managers and employed journalists at the BBC acted in good faith and two people sentenced today were sentenced on evidence from the BBC.’
The ringleader of the gang, Anatasios Arnaouti, a 37-year-old Mancunian, was jailed (9) ____ eight years for conspiracy to make counterfeit currency, conspiracy to pass counterfeit currency and conspiracy (10) ____ handle stolen goods.
The judge told him he was a highly intelligent and devious criminal, adding: ‘You were the instigator and prime mover and this massive enterprise was your brainchild.’
Exercise 1: true or false?
Read the case summary and decide whether the statements below are true or false.
1) One of the members of the counterfeiting gang was jailed for a period of eight years. (true/false)
2) The gang’s counterfeiting operations took place both in Manchester and in Florida. (true/false)
3) When the police raided a printing firm in Ashton-under-Lyne in 2002, they caught the gang in the act of manufacturing fake banknotes. (true/false)
4) Det Supt Lewis did not think that the counterfeiting operation could have had a damaging effect on the economic situation in Britain and the USA. (true/false)
5) The judge in the case warned the BBC to be careful when selecting people to take part in undercover operations. (true/false)
Exercise 2: synonyms
The words and phrases listed from (1) to (10) below are all used in the case report. Decide which of the alternative words listed from (a) to (d) is the most appropriate synonym for them in the context of the case report.
1) bogus
a) untrue
b) imitation
c) sham
d) fictitious
2) holidaymaker
a) tourist
b) tour operator
c) hedonist
d) travel agent
3) vet
a) review
b) check out
c) scrutinise
d) treat
4) in good faith
a) with devotion
b) devoutly
c) reasonably
d) with honest belief and intention
5) devious
a) indirect
b) very naughty
c) cunning
d) circuitous
6) instigator
a) leader
b) mentor
c) hooligan
d) agitator
7) holdall
a) box
b) suitcase
c) drawer
d) bag
8) crook
a) culprit
b) criminal
c) malefactor
d) delinquent
9) brainchild
a) idea
b) prodigy
c) fault
d) fancy
10) jail
a) remand
b) suspend
c) sentence
d) imprison
Exercise 3: prepositions
Prepositions are words used with a noun or pronoun which show place, position, time or method. Prepositions such as to, in, from, between, after, before etc. normally come before a noun or pronoun and give information about how, when or where something has happened (‘she arrived before lunch’, ‘I travelled to London’).
Insert the correct prepositions in the gaps numbered from (1) to (10) in the case report.
Read the case summary below and then try the exercises on it. Refer to the 'answer key' post for the answers.
In 2005, a British court jailed four members (1) ____ a counterfeit money gang for a combined total of 21 years. The gang, whose members hailed (2)_____ Liverpool and Manchester, had printed more than £2.5m worth of fake £10 notes and $3.5m worth of counterfeit US notes. Its members were brought (3) _____ justice as the result of a joint operation between the National Crime Squad and the US Secret Service. The suspicions of the US authorities had been aroused (4) _____ British holidaymakers arriving in Florida started trying to pass fake dollars.
The scam was described as ‘sophisticated and audacious’. Det Supt Lewis of the National Crime Squad commented as follows:
‘This is one of the most sophisticated counterfeit printing operations we've uncovered in recent years. These were good quality banknotes, good quality travellers' cheques which could have had a very significant undermining effect on those economies.’
The crime was uncovered after police raided a printing firm in Ashton-under-Lyne, Greater Manchester, in December 2002. The printing firm turned out to be bogus – a mere front for the counterfeiting operation. Police found counterfeiting machinery (5) ______ the premises, including a four-colour printer, a paper guillotine, papers and inks, as well as a number of holdalls packed (6) ____ fake notes.
One interesting feature of the case was the role played (7) _____ an investigative team from the BBC. During a six-month surveillance operation, a team of undercover BBC reporters infiltrated the gang. Posing as crooks, they were able to secretly film the gang producing £10 and £20 notes and $100 bills.
Commenting (8) _____ this aspect of the case, Judge Bernard Lever said the BBC ‘must ensure they are extremely careful in vetting undercover operatives and must understand the frustrations of police involved in the other matter’. He added: ‘However, senior managers and employed journalists at the BBC acted in good faith and two people sentenced today were sentenced on evidence from the BBC.’
The ringleader of the gang, Anatasios Arnaouti, a 37-year-old Mancunian, was jailed (9) ____ eight years for conspiracy to make counterfeit currency, conspiracy to pass counterfeit currency and conspiracy (10) ____ handle stolen goods.
The judge told him he was a highly intelligent and devious criminal, adding: ‘You were the instigator and prime mover and this massive enterprise was your brainchild.’
Exercise 1: true or false?
Read the case summary and decide whether the statements below are true or false.
1) One of the members of the counterfeiting gang was jailed for a period of eight years. (true/false)
2) The gang’s counterfeiting operations took place both in Manchester and in Florida. (true/false)
3) When the police raided a printing firm in Ashton-under-Lyne in 2002, they caught the gang in the act of manufacturing fake banknotes. (true/false)
4) Det Supt Lewis did not think that the counterfeiting operation could have had a damaging effect on the economic situation in Britain and the USA. (true/false)
5) The judge in the case warned the BBC to be careful when selecting people to take part in undercover operations. (true/false)
Exercise 2: synonyms
The words and phrases listed from (1) to (10) below are all used in the case report. Decide which of the alternative words listed from (a) to (d) is the most appropriate synonym for them in the context of the case report.
1) bogus
a) untrue
b) imitation
c) sham
d) fictitious
2) holidaymaker
a) tourist
b) tour operator
c) hedonist
d) travel agent
3) vet
a) review
b) check out
c) scrutinise
d) treat
4) in good faith
a) with devotion
b) devoutly
c) reasonably
d) with honest belief and intention
5) devious
a) indirect
b) very naughty
c) cunning
d) circuitous
6) instigator
a) leader
b) mentor
c) hooligan
d) agitator
7) holdall
a) box
b) suitcase
c) drawer
d) bag
8) crook
a) culprit
b) criminal
c) malefactor
d) delinquent
9) brainchild
a) idea
b) prodigy
c) fault
d) fancy
10) jail
a) remand
b) suspend
c) sentence
d) imprison
Exercise 3: prepositions
Prepositions are words used with a noun or pronoun which show place, position, time or method. Prepositions such as to, in, from, between, after, before etc. normally come before a noun or pronoun and give information about how, when or where something has happened (‘she arrived before lunch’, ‘I travelled to London’).
Insert the correct prepositions in the gaps numbered from (1) to (10) in the case report.
Tuesday, 2 August 2011
List of Prepositions Used in Legal English
Here is a non-exhaustive list of prepositions in common usage in legal English, together with examples of usage. Note that prepositions are sometimes used in twos (pursuant to, owing to, due to etc) and even threes (as far as, by means of, in accordance with etc), and examples of prepositions strung together in this way are also included below.
One word
about – the lawyer was about to go into court when the telephone rang
above – please refer to the paragraph above which deals with the insurance arrangements
across – she went across to the court to issue the proceedings
after – the contract was signed after the parties had agreed the prices to be paid for the goods
against – the company began trademark infringement proceedings against one of its competitors
along – the client did not go along with the advice given by the lawyer
among (or amongst) – a copy of the plan of the property was found among the papers in the file
around – we expect the purchase price to be around €500,000
at – the contract stipulates that the goods must arrive at the depot at 10.00 on 13 July
before – the lawyer appeared before the judge in court and argued her client’s case
behind – it seemed likely that a criminal gang was behind the thefts from the local garage
below – the company was not prepared to consider offers below a threshold of $3 million
beneath – the Emperor of Ruritania considered it beneath his dignity to open a supermarket in Inverness
between – an agreement was reached between Haxter Ltd and Tollby Ltd on 14 September 2011
beyond – it is important not to go beyond what was agreed without discussing the matter with the client first
by – the invoice must be paid by the client by 3 May
concerning – we have received further information concerning the warranties to be included in the share purchase agreement
despite – we have instructions to proceed with the case despite the points raised in the defence
down – the lawyer advised her client to turn down the offer made by the defendant
during – a great deal of new evidence emerged during the course of the testimony given by the witness
except – this restriction applies to all applications except those already received by the company
excluding – the contract contains a provision excluding liability in certain cases of default
following – the following items must be supplied no later than 25 January
for – payment for the goods shall be made on delivery
from – we have now received the necessary undertakings from the defendant’s lawyer
in – the price list is set out in schedule 1
including – we seek delivery of all the missing parts, including those currently stored in the defendant’s warehouse
into – the clerk asked the parties to go back into court following the adjournment
near – the court is near to the cathedral
next – the client agreed to bring the documents to the next meeting
of – the attorney was a member of various professional organisations
off – certain discussions took place between the lawyers off the record
on – the new law on employment contracts comes into force tomorrow
opposite – the court is located opposite the cathedral in the central square
out – the lawyers worked out the terms of a compromise agreement
over – a dispute arose between the landowners over the positioning of the boundary
per – a travel allowance of €40 per day was paid to the employee
plus – the invoice came to €400 plus VAT
regarding – negotiations took place regarding usage of the storage facilities owned by the company
since – there have been a number of significant developments in the case since the previous court hearing
than – the amount of damages awarded by the court was more than the lawyer had anticipated
through – the lawyer read through the papers in the file
to – delivery shall be made to an address notified by the purchaser to the vendor
towards – a great deal of progress has been made towards settlement of the case, but a little more time is required in order to reach final agreement between the parties
under – the witness gave evidence under oath
until – it is unlikely that the case will be settled until the morning of the hearing
up – he brought up the question of our fees again
upon – the proceedings were served upon the defendant yesterday
via – all contact with the claimant was conducted via her lawyer
with – he was charged with murder
within – the goods must be delivered within 14 days of signature of the contract
without – the total amount of the invoice is €30,450 without VAT
Two words
according to – according to the contract, rent must be paid on the third day of each month
ahead of – we should schedule a further meeting ahead of the next court hearing
apart from – there are no further matters to be resolved apart from the copyright issue
as of – the new law on employment is in force as of midnight tonight
as regards – as regards payment of our fee, we can offer an instalment option
aside from – there are one or two issues we need to address aside from the question of trademarks
because of – this litigation arose because of the unreasonable position taken by the defendant
close to – the case is now close to settlement, but there are several issues still to be resolved
due to – the office is closed tomorrow due to a public holiday
except for
far from – the contract is far from ready to be signed, since a number of amendments need to be made to it
instead of – overtime worked by the employee shall be compensated by extra holiday instead of payment
out of – payment was made out of the company’s account
owing to – the advice given to the client was amended owing to a recent decision of the Court of Appeal
prior to – the consent of the bank must be obtained prior to the share transfer being made
pursuant to – the company changed its name pursuant to the new legislation on company names
regardless of – our client wishes to seek an injunction against his neighbour regardless of whether the building work is suspended or not
subsequent to – the court’s decision was handed down subsequent to the new law coming into force
thanks to – a satisfactory outcome was achieved in the case, thanks to the meticulous work undertaken by the claimant’s lawyers
that of – one issue still remains to be resolved – that of the payment method to be used
Three words
as far as – the summons has not yet been served as far as I know
as well as – the vendor must deliver the software as well as the hardware no later than 10 December
by means of – payment shall be made by means of direct bank transfer
in accordance with – the sum of $45,000 must be paid on 5 October in accordance with the court order
in addition to – certain legal documents require the signature of witnesses as well as the parties in order to be valid
in case of – in case of fire the lifts should not be used
in lieu of – the employee shall receive time off in lieu of payment
in spite of – the assignment was completed by the agreed deadline in spite of several unforeseen difficulties that arose along the way
on account of – the firm’s usual practice is to ask clients to pay a certain sum on account of costs prior to carrying out any work for them
on behalf of – the lawyer appeared on behalf of her client at the pre-trial review
on top of – we will need to study the documents carefully in order to get on top of the case
with regard to / with respect to – with regard to / with respect to the question of costs, we consider that the sum of €35,000 should be adequate
One word
about – the lawyer was about to go into court when the telephone rang
above – please refer to the paragraph above which deals with the insurance arrangements
across – she went across to the court to issue the proceedings
after – the contract was signed after the parties had agreed the prices to be paid for the goods
against – the company began trademark infringement proceedings against one of its competitors
along – the client did not go along with the advice given by the lawyer
among (or amongst) – a copy of the plan of the property was found among the papers in the file
around – we expect the purchase price to be around €500,000
at – the contract stipulates that the goods must arrive at the depot at 10.00 on 13 July
before – the lawyer appeared before the judge in court and argued her client’s case
behind – it seemed likely that a criminal gang was behind the thefts from the local garage
below – the company was not prepared to consider offers below a threshold of $3 million
beneath – the Emperor of Ruritania considered it beneath his dignity to open a supermarket in Inverness
between – an agreement was reached between Haxter Ltd and Tollby Ltd on 14 September 2011
beyond – it is important not to go beyond what was agreed without discussing the matter with the client first
by – the invoice must be paid by the client by 3 May
concerning – we have received further information concerning the warranties to be included in the share purchase agreement
despite – we have instructions to proceed with the case despite the points raised in the defence
down – the lawyer advised her client to turn down the offer made by the defendant
during – a great deal of new evidence emerged during the course of the testimony given by the witness
except – this restriction applies to all applications except those already received by the company
excluding – the contract contains a provision excluding liability in certain cases of default
following – the following items must be supplied no later than 25 January
for – payment for the goods shall be made on delivery
from – we have now received the necessary undertakings from the defendant’s lawyer
in – the price list is set out in schedule 1
including – we seek delivery of all the missing parts, including those currently stored in the defendant’s warehouse
into – the clerk asked the parties to go back into court following the adjournment
near – the court is near to the cathedral
next – the client agreed to bring the documents to the next meeting
of – the attorney was a member of various professional organisations
off – certain discussions took place between the lawyers off the record
on – the new law on employment contracts comes into force tomorrow
opposite – the court is located opposite the cathedral in the central square
out – the lawyers worked out the terms of a compromise agreement
over – a dispute arose between the landowners over the positioning of the boundary
per – a travel allowance of €40 per day was paid to the employee
plus – the invoice came to €400 plus VAT
regarding – negotiations took place regarding usage of the storage facilities owned by the company
since – there have been a number of significant developments in the case since the previous court hearing
than – the amount of damages awarded by the court was more than the lawyer had anticipated
through – the lawyer read through the papers in the file
to – delivery shall be made to an address notified by the purchaser to the vendor
towards – a great deal of progress has been made towards settlement of the case, but a little more time is required in order to reach final agreement between the parties
under – the witness gave evidence under oath
until – it is unlikely that the case will be settled until the morning of the hearing
up – he brought up the question of our fees again
upon – the proceedings were served upon the defendant yesterday
via – all contact with the claimant was conducted via her lawyer
with – he was charged with murder
within – the goods must be delivered within 14 days of signature of the contract
without – the total amount of the invoice is €30,450 without VAT
Two words
according to – according to the contract, rent must be paid on the third day of each month
ahead of – we should schedule a further meeting ahead of the next court hearing
apart from – there are no further matters to be resolved apart from the copyright issue
as of – the new law on employment is in force as of midnight tonight
as regards – as regards payment of our fee, we can offer an instalment option
aside from – there are one or two issues we need to address aside from the question of trademarks
because of – this litigation arose because of the unreasonable position taken by the defendant
close to – the case is now close to settlement, but there are several issues still to be resolved
due to – the office is closed tomorrow due to a public holiday
except for
far from – the contract is far from ready to be signed, since a number of amendments need to be made to it
instead of – overtime worked by the employee shall be compensated by extra holiday instead of payment
out of – payment was made out of the company’s account
owing to – the advice given to the client was amended owing to a recent decision of the Court of Appeal
prior to – the consent of the bank must be obtained prior to the share transfer being made
pursuant to – the company changed its name pursuant to the new legislation on company names
regardless of – our client wishes to seek an injunction against his neighbour regardless of whether the building work is suspended or not
subsequent to – the court’s decision was handed down subsequent to the new law coming into force
thanks to – a satisfactory outcome was achieved in the case, thanks to the meticulous work undertaken by the claimant’s lawyers
that of – one issue still remains to be resolved – that of the payment method to be used
Three words
as far as – the summons has not yet been served as far as I know
as well as – the vendor must deliver the software as well as the hardware no later than 10 December
by means of – payment shall be made by means of direct bank transfer
in accordance with – the sum of $45,000 must be paid on 5 October in accordance with the court order
in addition to – certain legal documents require the signature of witnesses as well as the parties in order to be valid
in case of – in case of fire the lifts should not be used
in lieu of – the employee shall receive time off in lieu of payment
in spite of – the assignment was completed by the agreed deadline in spite of several unforeseen difficulties that arose along the way
on account of – the firm’s usual practice is to ask clients to pay a certain sum on account of costs prior to carrying out any work for them
on behalf of – the lawyer appeared on behalf of her client at the pre-trial review
on top of – we will need to study the documents carefully in order to get on top of the case
with regard to / with respect to – with regard to / with respect to the question of costs, we consider that the sum of €35,000 should be adequate
Wednesday, 18 May 2011
Legal English Synonyms?
Legal English is full of words and phrases which are very close in meaning, but which have some subtle differences in meaning or usages. These terms must therefore be treated with extreme care. Here are some examples.
1. Assign & transfer
Assign is mostly used in relation to intangible property, such as rights under a contract. For example, a typical assignment clause might state:
‘Neither Party may assign any or all of its rights and obligations under this contract without the prior written consent of the other Party.’
In ordinary language it can mean to give a task, duty or benefit to someone. For example:
‘The task of cleaning the premises was assigned to John Smith.’
Transfer is generally used in relation to tangible property (such as land and other physical items). For example:
‘The goods shall be transferred to X’s premises at 15B Whiteley Road, Dartsley on 15 September 2011.’
2. Breach & infringement
Breach is used in relation to contractual violations. For example:
‘X is in breach of the payment obligation set out under clause 3.’
Infringement is used in relation to the violation of rights (particularly intellectual property rights). For example:
‘Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.’
The word violation can be used in respect both of rights (particularly human rights) and contracts.
3. Landlord & tenant / lessor & lessee
Landlord and tenant are terms which can only be used in relation to the lease of real estate.
Lessor and lessee may also be used in relation to the lease of other types of property (e.g. machinery).
4. Obligation & liability
Obligation is generally used to refer to a specific duty under a contract or legal provision. For example:
‘X is obligated to deliver the goods to Y on December 5th, 2011’.
Liability generally refers to legal consequences. For example:
‘If Y fails to pay the invoices as they fall due, Y shall become liable to pay penalty interest on the outstanding amount at a rate of 10% per annum’.
In a nutshell, breach of an obligation may lead to legal liability.
5. Contract & agreement
Contract is generally used in relation to a specific written contract with legal effect (e.g. ‘we signed the contract today’) or to the branch of law that deals with contracts (contract law).
Agreement can be used as a direct synonym for contract in the sense of a specific written contract (e.g. ‘we signed the contract/agreement today’). However, it may also be used in a more general sense to refer to loose understandings or oral agreements which may or may not have legal effect. For instance:
‘We agreed to meet our colleagues at a restaurant for lunch.’
1. Assign & transfer
Assign is mostly used in relation to intangible property, such as rights under a contract. For example, a typical assignment clause might state:
‘Neither Party may assign any or all of its rights and obligations under this contract without the prior written consent of the other Party.’
In ordinary language it can mean to give a task, duty or benefit to someone. For example:
‘The task of cleaning the premises was assigned to John Smith.’
Transfer is generally used in relation to tangible property (such as land and other physical items). For example:
‘The goods shall be transferred to X’s premises at 15B Whiteley Road, Dartsley on 15 September 2011.’
2. Breach & infringement
Breach is used in relation to contractual violations. For example:
‘X is in breach of the payment obligation set out under clause 3.’
Infringement is used in relation to the violation of rights (particularly intellectual property rights). For example:
‘Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.’
The word violation can be used in respect both of rights (particularly human rights) and contracts.
3. Landlord & tenant / lessor & lessee
Landlord and tenant are terms which can only be used in relation to the lease of real estate.
Lessor and lessee may also be used in relation to the lease of other types of property (e.g. machinery).
4. Obligation & liability
Obligation is generally used to refer to a specific duty under a contract or legal provision. For example:
‘X is obligated to deliver the goods to Y on December 5th, 2011’.
Liability generally refers to legal consequences. For example:
‘If Y fails to pay the invoices as they fall due, Y shall become liable to pay penalty interest on the outstanding amount at a rate of 10% per annum’.
In a nutshell, breach of an obligation may lead to legal liability.
5. Contract & agreement
Contract is generally used in relation to a specific written contract with legal effect (e.g. ‘we signed the contract today’) or to the branch of law that deals with contracts (contract law).
Agreement can be used as a direct synonym for contract in the sense of a specific written contract (e.g. ‘we signed the contract/agreement today’). However, it may also be used in a more general sense to refer to loose understandings or oral agreements which may or may not have legal effect. For instance:
‘We agreed to meet our colleagues at a restaurant for lunch.’
Tuesday, 5 April 2011
How to Write Numbers
The general rule is that all numbers ten and below should be spelt and numbers 11 and above should be put in numerals. However, there are certain exceptions to this:
• If numbers recur through the text or are being used for calculations, then numerals should be used.
• If the number is approximate (e.g. ‘around six hundred years ago’) it should be spelled out.
• Very large numbers should generally be expressed without using rows of zeros where possible (e.g. $3.5 million instead of $3,500,000). In contracts, the use of both words and numbers is common in order to increase certainty. For example, ‘THREE THOUSAND FIVE HUNDRED EUROS (€3,500)’.
• Percentages may be spelled out (twenty percent) or written as numbers (20%)
• Numbers that begin sentences should be spelled out.
Decimal points
In English writing, the decimal point is represented by a dot (.) and commas are used to break up long numbers. Commas cannot be used to represent a decimal point.
Therefore, the number ten thousand five hundred and fifty-three and three-quarters is written like this in English:
10,553.75
while in most Continental European countries, it is written like this:
10.553,75
When referring to sums of money, the following rules apply:
• When writing numerical sums, the currency sign goes before the sum (e.g. $100). Note that there is no gap between the sign and the figure that follows it.
• When spelling out numbers, the name of the currency is put after the number (e.g. ‘one hundred pounds sterling’).
The percentage sign (%) appears after the number to which it relates, and there is no gap between the sign and the number (e.g. 95%).
See www.legalenglishstore.com for more legal English materials.
• If numbers recur through the text or are being used for calculations, then numerals should be used.
• If the number is approximate (e.g. ‘around six hundred years ago’) it should be spelled out.
• Very large numbers should generally be expressed without using rows of zeros where possible (e.g. $3.5 million instead of $3,500,000). In contracts, the use of both words and numbers is common in order to increase certainty. For example, ‘THREE THOUSAND FIVE HUNDRED EUROS (€3,500)’.
• Percentages may be spelled out (twenty percent) or written as numbers (20%)
• Numbers that begin sentences should be spelled out.
Decimal points
In English writing, the decimal point is represented by a dot (.) and commas are used to break up long numbers. Commas cannot be used to represent a decimal point.
Therefore, the number ten thousand five hundred and fifty-three and three-quarters is written like this in English:
10,553.75
while in most Continental European countries, it is written like this:
10.553,75
When referring to sums of money, the following rules apply:
• When writing numerical sums, the currency sign goes before the sum (e.g. $100). Note that there is no gap between the sign and the figure that follows it.
• When spelling out numbers, the name of the currency is put after the number (e.g. ‘one hundred pounds sterling’).
The percentage sign (%) appears after the number to which it relates, and there is no gap between the sign and the number (e.g. 95%).
See www.legalenglishstore.com for more legal English materials.
Tuesday, 1 March 2011
When to Capitalise
Legal texts are littered with excessive capitalisation, which is: (1) grammatically incorrect; and (2) distracting for the reader.
Capital letters should only be used in the following situations:
(1) At the beginning of a sentence (e.g. ‘Thank you for your letter’).
(2) When writing proper names (e.g. London, Angela Merkel, Fleet Street).
(3) When writing names which derive from proper names (e.g. Christianity, Marxism).
(4) For certain abbreviations (e.g. USA, NATO, WTO).
(5) For a defined term in a legal document where the definition uses a capital letter (e.g. ‘Roggins plc, hereinafter referred to as “the Company”’).
The main difficulty that arises is that writers fail to distinguish clearly between (1) proper names and ordinary nouns; and (2) defined terms and ordinary nouns.
So, the next time you find yourself using capitals for such terms as ‘a group of companies’ or ‘the sales contract’, ask yourself whether the noun in question is either genuinely a proper name or a defined term. If the answer to both these questions is ‘no’, change to lowercase.
See www.legalenglishstore.com for more legal English material.
Capital letters should only be used in the following situations:
(1) At the beginning of a sentence (e.g. ‘Thank you for your letter’).
(2) When writing proper names (e.g. London, Angela Merkel, Fleet Street).
(3) When writing names which derive from proper names (e.g. Christianity, Marxism).
(4) For certain abbreviations (e.g. USA, NATO, WTO).
(5) For a defined term in a legal document where the definition uses a capital letter (e.g. ‘Roggins plc, hereinafter referred to as “the Company”’).
The main difficulty that arises is that writers fail to distinguish clearly between (1) proper names and ordinary nouns; and (2) defined terms and ordinary nouns.
So, the next time you find yourself using capitals for such terms as ‘a group of companies’ or ‘the sales contract’, ask yourself whether the noun in question is either genuinely a proper name or a defined term. If the answer to both these questions is ‘no’, change to lowercase.
See www.legalenglishstore.com for more legal English material.
Wednesday, 2 February 2011
When to use a comma (,)
The use of commas in English legal writing is undoubtedly a problematic area. However, it is possible to identify eight main situations in which commas should be used.
1) To separate items in a list of more than two items. For example, ‘cars, trucks, vans, and tractors’. In this sentence, there is a comma after vans to show that the list contains four separate categories of items – cars, trucks, vans, tractors – and that vans and tractors do not make up a single category.
2) To separate coordinated main clauses. For example, ‘Cars should park here, and trucks should continue straight on’. In this sentence, the comma after here marks the separation between the different clauses in the sentence.
3) To mark the beginning and end of a sub-clause in a sentence. For example, ‘James, who is a corporate lawyer, led the seminar.’
Here, the commas after James and lawyer allow the writer to indicate to the reader in passing that James is a corporate lawyer, while at the same time placing the main emphasis on the fact that James led the seminar.
4) After certain kinds of introductory clause. For example, ‘Having finished my work, I left the office.’
5) After certain kinds of introductory words. When a sentence begins with a word which does not form part of the clause which follows it, a comma usually appears after this word. These are usually words – or combinations of two or three words – inserted by the author to indicate to the reader how the rest of the sentence is to be understood and how it relates to the previous sentence. For example, however, therefore, of course, nevertheless.
6) To separate a phrase or sub-clause from the main clause in order to avoid misunderstanding. For example:
I did not go to Paris yesterday, because the meeting was cancelled.
Here, the comma after yesterday makes it clear that the writer did not go to Paris, and the reason he or she did not go to Paris was that the meeting was cancelled. If the comma were to be removed, the sentence would be ambiguous – it would give the impression that the writer did go to Paris but that the reason for going to Paris was not that the meeting was cancelled:
I did not go to Paris yesterday because the meeting was cancelled. I went because I had urgent shopping to do!
7) Following words which introduce direct speech (e.g. said). For example, ‘He said, “my lawyer is a genius!”’
8) Between adjectives which each qualify a noun in the same way. For example, ‘a small, dark room’. Here, a comma is placed after small.
However, where the adjectives qualify the noun in different ways, or when one adjective qualifies another, no comma is used. For example, ‘a distinguished international lawyer’ or ‘a shiny blue suit’.
See www.legalenglishstore.com and www.forum-legal.com for more legal English content.
1) To separate items in a list of more than two items. For example, ‘cars, trucks, vans, and tractors’. In this sentence, there is a comma after vans to show that the list contains four separate categories of items – cars, trucks, vans, tractors – and that vans and tractors do not make up a single category.
2) To separate coordinated main clauses. For example, ‘Cars should park here, and trucks should continue straight on’. In this sentence, the comma after here marks the separation between the different clauses in the sentence.
3) To mark the beginning and end of a sub-clause in a sentence. For example, ‘James, who is a corporate lawyer, led the seminar.’
Here, the commas after James and lawyer allow the writer to indicate to the reader in passing that James is a corporate lawyer, while at the same time placing the main emphasis on the fact that James led the seminar.
4) After certain kinds of introductory clause. For example, ‘Having finished my work, I left the office.’
5) After certain kinds of introductory words. When a sentence begins with a word which does not form part of the clause which follows it, a comma usually appears after this word. These are usually words – or combinations of two or three words – inserted by the author to indicate to the reader how the rest of the sentence is to be understood and how it relates to the previous sentence. For example, however, therefore, of course, nevertheless.
6) To separate a phrase or sub-clause from the main clause in order to avoid misunderstanding. For example:
I did not go to Paris yesterday, because the meeting was cancelled.
Here, the comma after yesterday makes it clear that the writer did not go to Paris, and the reason he or she did not go to Paris was that the meeting was cancelled. If the comma were to be removed, the sentence would be ambiguous – it would give the impression that the writer did go to Paris but that the reason for going to Paris was not that the meeting was cancelled:
I did not go to Paris yesterday because the meeting was cancelled. I went because I had urgent shopping to do!
7) Following words which introduce direct speech (e.g. said). For example, ‘He said, “my lawyer is a genius!”’
8) Between adjectives which each qualify a noun in the same way. For example, ‘a small, dark room’. Here, a comma is placed after small.
However, where the adjectives qualify the noun in different ways, or when one adjective qualifies another, no comma is used. For example, ‘a distinguished international lawyer’ or ‘a shiny blue suit’.
See www.legalenglishstore.com and www.forum-legal.com for more legal English content.
Monday, 17 January 2011
The Origins of Legal English
Legal English reflects the mixture of languages which has produced the English language generally. However, it owes a particular debt to French and Latin.
Following the Norman invasion of England in 1066, French became the official language of England, although most ordinary people still spoke English. For a period of nearly 300 years, French was the language of legal proceedings, with the result that many words in current legal use have their roots in this period. These include property, estate, chattel, lease, executor and tenant. During this period, Latin was the language of formal records and statutes. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate.
Therefore, for several centuries following the Norman invasion, three languages were used in England. English remained the spoken language of the majority of the population, but almost all writing was done in French or Latin. English was not used in legal matters. In 1356, the Statute of Pleading was enacted (in French). It stated that all legal proceedings should be in English, but recorded in Latin.
As the printed word became more widely used, some writers made an effort to adopt words derived from Latin, in order to make their text more sophisticated. Some legal words taken from Latin in this way are adjacent, frustrate, inferior, legal, quiet and subscribe.
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.
The result of this history is that modern legal English contains an unusually high percentage of words and phrases derived from French and Latin as compared to ordinary English. Consider this simple force majeure clause:
Neither party shall be liable to the other for failure to perform or delay in the performance of its obligations caused by any circumstances beyond its reasonable control.
It contains 28 words, of which 17 are Old English, 7 Old French and 4 Latin. Of the Old English words, 9 are articles or prepositions (e.g. the, to, for, in, by). All the important legal terms (e.g. party, liable, obligations, reasonable, perform) are either Old French or Latin.
It follows that Latin-based terminology is essential to legal English. To use a computing analogy, we might say that where legal English is concerned, English is the ‘hardware’ which determines the grammatical construction of the sentences, but the Latin-based terminology is the ‘software’ which provides the legal meaning.
If I tried to draft the same clause relying solely on Germanic-based language, I would fail. The closest I can get is:
It’s not anyone’s fault if they cannot do what they said they would do owing to something they could not do anything about.
Here, we have 23 words, of which 22 are from Old English and Old Norse (an old Scandinavian language) and only one (fault) is from Latin. But it is a painfully unsophisticated text, which lacks the legal precision of the first text and would not work at all without the use of the word fault.
Following the Norman invasion of England in 1066, French became the official language of England, although most ordinary people still spoke English. For a period of nearly 300 years, French was the language of legal proceedings, with the result that many words in current legal use have their roots in this period. These include property, estate, chattel, lease, executor and tenant. During this period, Latin was the language of formal records and statutes. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate.
Therefore, for several centuries following the Norman invasion, three languages were used in England. English remained the spoken language of the majority of the population, but almost all writing was done in French or Latin. English was not used in legal matters. In 1356, the Statute of Pleading was enacted (in French). It stated that all legal proceedings should be in English, but recorded in Latin.
As the printed word became more widely used, some writers made an effort to adopt words derived from Latin, in order to make their text more sophisticated. Some legal words taken from Latin in this way are adjacent, frustrate, inferior, legal, quiet and subscribe.
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.
The result of this history is that modern legal English contains an unusually high percentage of words and phrases derived from French and Latin as compared to ordinary English. Consider this simple force majeure clause:
Neither party shall be liable to the other for failure to perform or delay in the performance of its obligations caused by any circumstances beyond its reasonable control.
It contains 28 words, of which 17 are Old English, 7 Old French and 4 Latin. Of the Old English words, 9 are articles or prepositions (e.g. the, to, for, in, by). All the important legal terms (e.g. party, liable, obligations, reasonable, perform) are either Old French or Latin.
It follows that Latin-based terminology is essential to legal English. To use a computing analogy, we might say that where legal English is concerned, English is the ‘hardware’ which determines the grammatical construction of the sentences, but the Latin-based terminology is the ‘software’ which provides the legal meaning.
If I tried to draft the same clause relying solely on Germanic-based language, I would fail. The closest I can get is:
It’s not anyone’s fault if they cannot do what they said they would do owing to something they could not do anything about.
Here, we have 23 words, of which 22 are from Old English and Old Norse (an old Scandinavian language) and only one (fault) is from Latin. But it is a painfully unsophisticated text, which lacks the legal precision of the first text and would not work at all without the use of the word fault.
Tuesday, 14 December 2010
Beware of Uncountable Nouns
Some nouns in English are uncountable. In other words, they are not used with a or an and do not have plural forms. This is typically the case with abstract or conceptual nouns, such as information, litigation, training, advice.
With the word ‘information’, for instance, you cannot write, ‘we have received an information’; nor can you write, ‘we have received some informations’. You can, however, write:
We have received some information.
OR
We have received several pieces of information.
In other words, you can either use the conceptual word in a general singular sense (‘some information’) or you can pluralise it using an auxiliary word (i.e. ‘pieces’ in ‘pieces of information’).
In legal contexts it is often possible to find an alternative countable word. For instance, while it is wrong to write, ‘the company has been involved in several litigations’, it would be perfectly acceptable to write that the company has been involved in several cases, claims, lawsuits etc.
With the word ‘information’, for instance, you cannot write, ‘we have received an information’; nor can you write, ‘we have received some informations’. You can, however, write:
We have received some information.
OR
We have received several pieces of information.
In other words, you can either use the conceptual word in a general singular sense (‘some information’) or you can pluralise it using an auxiliary word (i.e. ‘pieces’ in ‘pieces of information’).
In legal contexts it is often possible to find an alternative countable word. For instance, while it is wrong to write, ‘the company has been involved in several litigations’, it would be perfectly acceptable to write that the company has been involved in several cases, claims, lawsuits etc.
Wednesday, 17 November 2010
How to Avoid Using Sexist Language
It is inappropriate to use the personal pronouns he or his (or she or her) to refer to a person whose sex might be male or female. English has a number of gender-neutral words such as person, as well as a number of gender-neutral pronouns such as anyone, everyone and no one. However, it does not have gender-neutral singular personal pronouns.
A good workaround is to use the plural possessive form, their. The Oxford English Dictionary 2001 sanctions the use of this form to refer to ‘belonging or associated with a person whose sex is not specified’. In this way, the writer can avoid using sexist language. For example:
Every competent lawyer must ensure that their legal knowledge is kept up to date.
Other methods can also be employed to avoid using he or his. These include:
• Deleting the pronoun reference altogether if possible. For example, ‘the director read the documents as soon as they were delivered to him’: delete to him.’
• Changing the pronoun to an article like a or the. For example, ‘the sales representative assisted the customer with his order’ can be changed to ‘the sales representative assisted the customer with the order’.
• Using who, especially when he follows if. For example, ‘if he does not pay attention to detail, a finance officer is worse than useless’ should read ‘the finance officer who does not pay attention to detail is worse than useless’.
• Repeating the noun instead of using a pronoun. For example, ‘When considering the conduct of negotiations, the delegate should retain an objective view. In particular, he [read the delegate] should…’
• Use the plural form of the noun. For example, instead of writing ‘a lawyer must check that he has all the relevant papers before attending court’, write ‘lawyers must check that they have all the relevant papers before attending court’.
• Use the infinitive form of the verb, including to (e.g. to perform, to draft etc). For example, instead of writing ‘the lawyer agrees that he will draft the contract’, write ‘the lawyer agrees to draft the contract’.
• If all else fails, use the passive form. For example, instead of writing ‘he must deliver the files to X’, write ‘the files must be delivered to X’. This is not a perfect solution, since the passive form makes it unclear who is responsible for delivering the files to X. Therefore, it should only be used if the identity of the parties has already been established in a previous sentence, or if the question of responsibility for undertaking the actions is unimportant.
A good workaround is to use the plural possessive form, their. The Oxford English Dictionary 2001 sanctions the use of this form to refer to ‘belonging or associated with a person whose sex is not specified’. In this way, the writer can avoid using sexist language. For example:
Every competent lawyer must ensure that their legal knowledge is kept up to date.
Other methods can also be employed to avoid using he or his. These include:
• Deleting the pronoun reference altogether if possible. For example, ‘the director read the documents as soon as they were delivered to him’: delete to him.’
• Changing the pronoun to an article like a or the. For example, ‘the sales representative assisted the customer with his order’ can be changed to ‘the sales representative assisted the customer with the order’.
• Using who, especially when he follows if. For example, ‘if he does not pay attention to detail, a finance officer is worse than useless’ should read ‘the finance officer who does not pay attention to detail is worse than useless’.
• Repeating the noun instead of using a pronoun. For example, ‘When considering the conduct of negotiations, the delegate should retain an objective view. In particular, he [read the delegate] should…’
• Use the plural form of the noun. For example, instead of writing ‘a lawyer must check that he has all the relevant papers before attending court’, write ‘lawyers must check that they have all the relevant papers before attending court’.
• Use the infinitive form of the verb, including to (e.g. to perform, to draft etc). For example, instead of writing ‘the lawyer agrees that he will draft the contract’, write ‘the lawyer agrees to draft the contract’.
• If all else fails, use the passive form. For example, instead of writing ‘he must deliver the files to X’, write ‘the files must be delivered to X’. This is not a perfect solution, since the passive form makes it unclear who is responsible for delivering the files to X. Therefore, it should only be used if the identity of the parties has already been established in a previous sentence, or if the question of responsibility for undertaking the actions is unimportant.
Sunday, 3 October 2010
Hyphenation
The question of when to use a hyphen – i.e. a horizontal line connecting two words – often causes problems.
Most writers are comfortable with the idea of using hyphens to connect a prefix to a word. For instance, legal terms beginning with non-, pre-, co- are often hyphenated, and common examples include non-statutory, pre-trial, co-defendant.
However, confusion arises when it comes to connecting separate words together – should a hyphen be used or not?
In brief, the rule is that hyphens are used to connect words that are more closely connected to each other than the surrounding syntax. This is often the case when one word is a noun (e.g. tax) and the other word is an adjective (e.g. exempt) or adverb (e.g. neutrally), and particularly where these words taken together have an adjectival function. For example, take the sentence:
The company made a tax-exempt transfer.
The words tax-exempt are clearly more closely connected than the surrounding words, and taken together they have the role of an adjective in relation to the word transfer – they describe the nature of the transfer. In other words, if you were to ask what kind of transfer was involved, you would get the answer – a tax-exempt transfer. And a hyphen would appear between tax and exempt to emphasise the unity of this term.
However, if both words involved are nouns, they are more likely to stand alone and not require hyphenation. So, while tax-exempt is hyphenated, tax exemption should not be hyphenated.
Most writers are comfortable with the idea of using hyphens to connect a prefix to a word. For instance, legal terms beginning with non-, pre-, co- are often hyphenated, and common examples include non-statutory, pre-trial, co-defendant.
However, confusion arises when it comes to connecting separate words together – should a hyphen be used or not?
In brief, the rule is that hyphens are used to connect words that are more closely connected to each other than the surrounding syntax. This is often the case when one word is a noun (e.g. tax) and the other word is an adjective (e.g. exempt) or adverb (e.g. neutrally), and particularly where these words taken together have an adjectival function. For example, take the sentence:
The company made a tax-exempt transfer.
The words tax-exempt are clearly more closely connected than the surrounding words, and taken together they have the role of an adjective in relation to the word transfer – they describe the nature of the transfer. In other words, if you were to ask what kind of transfer was involved, you would get the answer – a tax-exempt transfer. And a hyphen would appear between tax and exempt to emphasise the unity of this term.
However, if both words involved are nouns, they are more likely to stand alone and not require hyphenation. So, while tax-exempt is hyphenated, tax exemption should not be hyphenated.
Thursday, 9 September 2010
How to Cut Unnecessary Words
Legal documents tend to be long and difficult to read. While this is to a great extent simply the nature of the beast, a number of things can be done to avoid wasting words. Here are a few suggestions.
1) Watch the use of which. This word is frequently used unnecessarily, usually involving further unnecessary verbiage. For example, the sentence:
These situations are governed by agreements which are made between different entities.
may be reduced to:
These situations are governed by agreements between different entities.
2) Use pronouns where possible. The use of pronouns avoids repetition of nouns, which is useful particularly where lengthy noun phrases (such as the names of documents or laws) are involved. For instance, try to avoid writing sentences like this:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force. The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors replace the large number of different agreements previously used.
Write instead:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force. They replace the large number of different agreements previously used.
Or, even better:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force, and replace the large number of different agreements previously used.
However, as discussed in an earlier post, one of the most common reasons for ambiguity in a text is where a sentence contains two or more nouns together with one pronoun in such a way that it becomes unclear which noun the pronoun is intended to replace. So only use a pronoun when it is crystal clear to what it relates.
3) Use verbs instead of nouns where possible. It is all too easy to write long and dreary sentences using conceptual nouns. For example:
It is important to effect a reduction of operating costs during the implementation of the agreement.
However, by converting reduction and implementation into verbs, this sentence could be rewritten as follows:
It is important to reduce operating costs when implementing the agreement.
1) Watch the use of which. This word is frequently used unnecessarily, usually involving further unnecessary verbiage. For example, the sentence:
These situations are governed by agreements which are made between different entities.
may be reduced to:
These situations are governed by agreements between different entities.
2) Use pronouns where possible. The use of pronouns avoids repetition of nouns, which is useful particularly where lengthy noun phrases (such as the names of documents or laws) are involved. For instance, try to avoid writing sentences like this:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force. The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors replace the large number of different agreements previously used.
Write instead:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force. They replace the large number of different agreements previously used.
Or, even better:
The 2010 Terms and Conditions for the Provision of Services within the Metalwork and Woodwork Sectors are now in force, and replace the large number of different agreements previously used.
However, as discussed in an earlier post, one of the most common reasons for ambiguity in a text is where a sentence contains two or more nouns together with one pronoun in such a way that it becomes unclear which noun the pronoun is intended to replace. So only use a pronoun when it is crystal clear to what it relates.
3) Use verbs instead of nouns where possible. It is all too easy to write long and dreary sentences using conceptual nouns. For example:
It is important to effect a reduction of operating costs during the implementation of the agreement.
However, by converting reduction and implementation into verbs, this sentence could be rewritten as follows:
It is important to reduce operating costs when implementing the agreement.
Tuesday, 24 August 2010
Mastering Collocations
One of the most difficult aspects of English usage is achieving idiomatic mastery of collocations.
Collocations are expressions which consist of two or more words which frequently appear together. These may involve adjectives and nouns (e.g. ‘a derisory offer’ or ‘a binding contract’), verbs and nouns (‘to fulfil obligations’ or ‘to cast aspersions’), adverbs and nouns (‘legally valid’ or ‘wholly fraudulent’).
Some collocations are relatively flexible – i.e. the verb, adverb or adjective part of the phrase may be replaced by another word to produce a broadly similar meaning. For example, in the phrase ‘to fulfil obligations’, the word ‘fulfil’ could be replaced by ‘meet’ without altering the meaning of the phrase.
Other collocations are less flexible. Consider, for example, the relatively common phrase ‘to cast aspersions’. An aspersion is a disparaging or damaging remark. It is always ‘cast’ (not made, thrown, spoken etc). Another example is the common phrase ‘to hold discussions’. Here, discussions are generally ‘held’ (not made, ‘carried out’ etc).
You can get around the danger of constructing a false collocation by using another phrase altogether, or even a single word. The phrase ‘to cast aspersions’ could be replaced by ‘to make disparaging remarks’, and ‘to hold discussions’ may in most cases be reduced to ‘to discuss’. However, the use of unfamiliar pairings of words will instantly appear subtly wrong to a native speaker of English.
Here are a few examples of collocations in common use in legal English:
assign rights
authorised representative
binding contract
binding obligation
cancel an order
cast aspersions
contractual breach
copyright protection
derisory offer
detrimental effect
enter into a contract
estimated costs
exercise discretion
flagrant breach
fulfil criteria
fulfil obligations
hold a discussion
irrevocably appoint
legally valid
managerial position
public domain
reasonable control
reasonable costs
relevant issue
rescind a contract
terminate a contract
wholly fraudulent
written notice
written request
See www.legalenglishstore.com for more legal English content.
Collocations are expressions which consist of two or more words which frequently appear together. These may involve adjectives and nouns (e.g. ‘a derisory offer’ or ‘a binding contract’), verbs and nouns (‘to fulfil obligations’ or ‘to cast aspersions’), adverbs and nouns (‘legally valid’ or ‘wholly fraudulent’).
Some collocations are relatively flexible – i.e. the verb, adverb or adjective part of the phrase may be replaced by another word to produce a broadly similar meaning. For example, in the phrase ‘to fulfil obligations’, the word ‘fulfil’ could be replaced by ‘meet’ without altering the meaning of the phrase.
Other collocations are less flexible. Consider, for example, the relatively common phrase ‘to cast aspersions’. An aspersion is a disparaging or damaging remark. It is always ‘cast’ (not made, thrown, spoken etc). Another example is the common phrase ‘to hold discussions’. Here, discussions are generally ‘held’ (not made, ‘carried out’ etc).
You can get around the danger of constructing a false collocation by using another phrase altogether, or even a single word. The phrase ‘to cast aspersions’ could be replaced by ‘to make disparaging remarks’, and ‘to hold discussions’ may in most cases be reduced to ‘to discuss’. However, the use of unfamiliar pairings of words will instantly appear subtly wrong to a native speaker of English.
Here are a few examples of collocations in common use in legal English:
assign rights
authorised representative
binding contract
binding obligation
cancel an order
cast aspersions
contractual breach
copyright protection
derisory offer
detrimental effect
enter into a contract
estimated costs
exercise discretion
flagrant breach
fulfil criteria
fulfil obligations
hold a discussion
irrevocably appoint
legally valid
managerial position
public domain
reasonable control
reasonable costs
relevant issue
rescind a contract
terminate a contract
wholly fraudulent
written notice
written request
See www.legalenglishstore.com for more legal English content.
Subscribe to:
Posts (Atom)