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Legal English

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Legal English , also known as legalese , is a register of English used in legal writing . It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets .

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29-527: Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK , Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business , as well as its role as a legal language within the European Union , Legal English

58-533: A subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"; the "peril" is not described (being arrested and held in contempt of court ) but the formality of the language tends to have a stronger effect on the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up". Whereas legal language in the medieval period combined Latin, French, and English to avoid ambiguity. According to Walter Probert, judicial lawyers, roughly starting in

87-409: A court clerk to officially issue them subpoena forms when they need to call witnesses by phone or in person, or when they need to officially request documents to be sent to them or directly to court. Any documents that have not been subpoenaed to court or verified by a witness may be dismissed by the opposite party as hearsay , unless excepted by hearsay rules or permitted by the judge. If the witness

116-459: A court may set aside the whole, or part, of a subpoena on the basis that it is a " fishing expedition ". In Lowery v Insurance Australia Ltd , the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose. It was also held that it was not

145-406: A long period in the international legal community that traditional English language training is not sufficient to meet lawyers’ English language requirements. The main reason for this is that such training generally ignores the ways in which English usage may be modified by the particular demands of legal practice – and by the conventions of legal English as a separate branch of English in itself. As

174-467: A result, non-native English speaking legal professionals and law students increasingly seek specialist training in legal English, and such training is now provided by law schools, language centres, private firms and podcasts that focus on legal language. The UK TOLES examination was set up to teach legal English to non-native English speakers. The exams focus on the aspects of legal English noted as lacking by lawyers. An annual Global Legal Skills Conference

203-781: A stylistic influence upon English legal language. During the medieval period, lawyers used a mixture of Latin , French and English. To avoid ambiguity, lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), and "will and testament" (English/Latin). Examples of English-only doublets are "let and hindrance" and "have and hold". Modern English vocabulary draws significantly from Germanic languages, French, and Latin,

232-572: Is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: The term subpoena is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty". It is also spelled "subpena". The subpoena has its source in English common law and it

261-534: Is an official language. Many administrative divisions have declared English an official language at the local or regional level. Most states where English is an official language are former territories of the British Empire . Exceptions include Rwanda and Burundi , which were formerly German and then Belgian colonies; Cameroon, where only part of the country was under the British mandate; and Liberia ,

290-498: Is called via long-distance phone call, then the requesting party is responsible for initiating the call and providing a payment with a prepaid phone card. Most states (including California) have further restrictions on subpoena use in criminal cases. Some states (as is the case in Florida) require the subpoenaing party to first file a Notice of Intent to Serve Subpoena, or a Notice of Production from Non-Party ten days prior to issuing

319-516: Is now a global phenomenon . In prehistoric Britain , traditional common law was discussed in the vernacular (see Celtic law ). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and

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348-533: Is now used almost with universal application throughout the English common law world. John Waltham , Bishop of Salisbury , is said to have created the writ of subpoena during the reign of Richard II . However, for civil proceedings in England and Wales, it is now described as a witness summons , as part of reforms to replace Latin terms with Plain English understandable to the layman . In New South Wales ,

377-425: Is spoken in government or education, but it is not recognised as de jure official, nor a primary language spoken by the main population In these country subdivisions, English has de jure official status, but English is not official in their respective countries at the national level. Subpoena A subpoena ( / s ə ˈ p iː . n ə / ; also subpœna , supenna or subpena ) or witness summons

406-427: Is usually required with proof of service by non-party server. The subpoena will usually be on the letterhead of the court where the case is filed, name the parties to the case, and be addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location, scheduled date and time of

435-689: The Anglo-Saxon invasion of Britain , the dominant tradition was instead Anglo-Saxon law , which was discussed in the Germanic vernacular ( Old English ), and written in Old English since circa 600, beginning with the Law of Æthelberht . Following the Norman invasion of England in 1066 , Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until

464-664: The Caribbean Community , the Union of South American Nations , and many other international organisations. Although English is not de jure an official language at the national level in the United States , most states and territories within the United States have English as an official language, and only Puerto Rico uses a language other than English as a primary working language. The United Kingdom ,

493-905: The Philippines , the Federated States of Micronesia , the Marshall Islands , and Palau , which were American territories. English is the sole official language of the Commonwealth of Nations and of the Association of Southeast Asian Nations (ASEAN). English is one of the official languages of the United Nations , the European Union , the African Union , the Organisation of Islamic Cooperation ,

522-659: The Pleading in English Act 1362 (and continued in minor use for another 300 years), while Medieval Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details). In legal pleadings, Anglo-Norman developed into Law French , from which many words in modern legal English are derived. These include property , estate , chattel , lease , executor , and tenant . The use of Law French during this period had an enduring influence on

551-479: The United States , Australia , and New Zealand , where the overwhelming majority of native English speakers reside, do not have English as an official language de jure , but English is considered their de facto official language because it dominates in these countries. In these countries, English is conventionally spoken by both the government and main population, despite it having no de jure official status at national level. In these countries, English

580-558: The United States Congress have the authority to send out subpoenas for legitimate lawmaking and investigation purposes. This compels the production of testimony or records, and failure to respond constitutes contempt of Congress . There are several exceptions to being required to testify in court, including the following examples: A "friendly subpoena" is a subpoena that is issued to an individual or entity who might otherwise testify or submit evidence willingly without

609-465: The appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority, often ending with the archaic threat "Fail not at your peril." In some situations, the person having to testify or produce documents is paid. Pro se litigants who represent themselves, unlike lawyers, must ask

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638-428: The case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court. Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the party ( plaintiff or defendant ) on whose behalf the testimony is to be given to serve the subpoena on the witness. If a witness is reluctant to testify, then the personal service of subpoena

667-592: The general linguistic register of modern legal English. That use also accounts for some of the complex linguistic structures used in legal writing. In 1362, the Statute of Pleading was enacted, which stated that all legal proceedings should be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, although Law French became increasingly degenerate. From 1066, Latin

696-496: The lattermost often by way of French. These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style. Further, legal English is useful for its dramatic effect: for example,

725-460: The role of the Court to redraft the subpoena and narrow its scope to those issues in dispute. In Victoria a subpoena is usually issued by a court registry officer, and does not require leave of the court. In New Zealand, subpoenas are governed under the rules of the court in which the subpoena is issued. Subpoenas are usually issued by the clerk of the court in the name of the judge presiding over

754-452: The subpoena, so that the other party may have ample time to file any objections. Also, the party being subpoenaed has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged. Standing committees in both houses of

783-413: The twentieth century, often manipulate the language to be more persuasive of their campaign ideals. As noted above, legal English differs greatly from standard English in a number of ways. The most important of these differences are as follows: Because of the prevalence of the English language in international business relations, as well as, its role as a legal language globally, a feeling has existed for

812-462: Was also established as a forum for professors of Legal English and other skills professionals to exchange information on teaching methods and materials. List of countries where English is an official language The following is a list of countries and territories where English is an official language used in citizen interactions with government officials. As of 2024 , there are 57 sovereign states and 28 non-sovereign entities where English

841-631: Was the language of formal records and statutes , and was replaced by English in the Proceedings in Courts of Justice Act 1730 . However, because only the highly-educated were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ad hoc , de facto , de jure , bona fide , inter alia , and ultra vires , which remain in current use in legal writing (see Legal Latin ). In 2004, David Crystal proposed

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