Questions tagged [legalese]

is for questions about the specialized language of the legal profession.

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Meaning of the structure "the...the" with no conjunctions or verbs in between?

I encountered the following clause while reading a Shareholder Agreement: A Transfer Notice constitutes the Company the agent of the Seller for the sale of the Sale Shares in accordance with the ...
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2 votes
2 answers
196 views

The meaning of "in good faith"

If you act in good faith, you act in a way that you believe to be honest, but could it also mean that you act in a way that you intend to be honest and fair? Put another way, could e.g., She acted in ...
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In contractual law, what's the difference between clause and article? [closed]

As the heading suggests, I'm wondering what the difference is between a clause and an article in a contract or agreement. Thank you!
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What is a word for "services not provided" or "goods paid for but not delivered"?

What is the most correct word for "services not provided" or "goods paid for but not delivered"? For example, if you purchased an item from Amazon.com and they took your payment, ...
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2 answers
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How is "take free" grammatical?

How is take free grammatical? Adverbs modify verbs, not adjectives. take free should be take freely. Correct? take free feels ungrammatical. Humans can't just take free. free must modify a noun. ...
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to anyone whosoever vs. whomever — without a following verb

Is whosoever interchangeable with whomsoever? Please see the 6 examples below; they seem like similar situations but some use whosoever and some use whomsoever. to anyone whosoever Reliability: If ...
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1 answer
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Is it correctly phrased or it is just a legal terminology?

All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project. My classmate showed me ...
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-1 votes
1 answer
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Shall usage in legal condition [closed]

Is it correct to say in a legal document something like: "Shall you cross the street on red light, you will be penalised" to add some emphasis? I've seen something like this before, but ...
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4 votes
2 answers
84 views

In lieu of (= in place of) vs instead of

Garner reads Instead of will not always suffice instead of in lieu of —e.g.: “The two were sent to jail in lieu of $100,000 bond or $50,000 cash bail.” OED reads "in exchange or return for, as ...
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What does it mean - Unless otherwise stated in this document, and except as otherwise provided for herein

I think I can understand them if I break them apart but I am confused when they are put together in a sentence. Unless otherwise stated in this document - All conditions remain true unless it is ...
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3 votes
2 answers
110 views

Do these sentences mean the same: "He has been found not guilty" and "He has not been found guilty"

He has been found "not guilty". He has not been found guilty. In terms of daily life, both sentences mean the same. Although the first sentence seems to be correct in terms of grammar, I ...
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"the state of a man’s mind is as much a fact as the state of his digestion"?

I know the diction and syntax are outdated because I'm quoting from an English judge in 1885 namely Edgington v. Fitzmaurice (1885) 29 Ch D 459, Court of Appeal. But what exactly did Bowen LJ mean? ...
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1 answer
421 views

"in all material respects"?

The Business has been carried on in the ordinary course and all financial statements and other information provided for to Purchaser are true, accurate, and correct in all material respects. What is ...
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1 vote
1 answer
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Is there a legal term "murder in concert"?

In the movie Nowhere Alaska (about 68'52" in), the policeman says something about murder in concert. It sounds like a legal term so I googled it. No relevant hit as far I could see - just a bunch ...
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1 answer
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A "CERTIFICATE" containing odd language

Few lines from a NO OBJECTION CERTIFICATE are as follows: This certificate is presented to claim no objection on Mr./ Mrs.___________________, in case, if some other company is hired services for ...
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1 answer
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Term for legal procedure of challenging validity of confession

I am looking for a translation for the Hebrew term משפט זוטא (literally, "small trial"). This term denotes a procedure in which a defendant in a trial, after having confessed in earlier interrogation,...
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1 answer
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Could you help me with this When clause?

The Agency shall, in collaboration with the Member States and the Commission, draw up the functional specifications for the Eudra vigilance database, together with a timeframe for their implementation....
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2 votes
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"Should you require X, you are to advise us by date Y"

When someone says: Should you require X, you are to advise us by date Y — does that also mean that I am to advise them even if I do not require X? Or does that only say that advising them is only ...
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2 votes
1 answer
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What's the word for the spanish word "perito" in English? [closed]

In Spanish, perito is a person who is an expert in a field, and who plays a role in trials determining if something happened, if something is true or not , etc. You have peritos who determines if a ...
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What's the meaning of "at employer's election"?

What's the meaning of "at employer's election" in the phrase: Side artist shall perform as a vocalist on the master embodying the performance of main artist for inclusion, at employer's election, ...
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2 votes
1 answer
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Usage of "cause" in "Impeachment does not even require probable cause that a crime has been committed."

Is the use of cause within this context correct?: Impeachment does not even require probable cause that a crime has been committed. I've looked through many dictionaries and none of them did ...
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Is there any way of expression to substitute "to be called into question"?

I wish to replace "to be called into question" with "raise doubt over" or "cast doubt on" in the sentence below: Based on the judgment on Case No. xxxx (X v. Y), would the independence of such ...
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What's the word for lying in court?

I am not sure what the word is, because I forgot it, but I think for this question there might be several answers, and it depends on the context, there's the word that defines the crime of lying in ...
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1 vote
1 answer
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Zero or indefinite article

Here are the examples where zero articles are used: This is a tenant’s notice which does not have to be in statutory prescribed form but there is an example of how such a notice could be worded at…....
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1 vote
1 answer
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"Such plea" "such waiver": ungrammatical legal jargon?

I have encountered the noun phrase "such plea" in a lot of legal texts. Examples: In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. ...
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2 votes
2 answers
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contained as a verb

I saw in a lease this sentence "In consideration of the mutual agreements contained herein and other valuable consideration received, and with the intent to be legally bound, Landlord and Tenant ...
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1 answer
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A problem regarding numbers

Meaning of the word ground is reason. But in the following sentence Despite governments bringing in legislation towards this end, they have been struck down on the grounds that the additional ...
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3 votes
3 answers
814 views

What do you call a legal statement that states a fact rather than stating a rule of conduct or procedure?

What do you call a legal statement that states a fact rather than stating a rule of conduct or procedure? I can't think of a word. Is there any such word? If there's no such word, which words would ...
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4 answers
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Word for "a legal order stripping a mentally incapacitated person of his right to control his assets"

If my father has shown signs of insanity, for example, I might file a lawsuit demanding that he be denied his right to control his property. This legal order annuls any purchase, sale or donation made ...
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1 vote
1 answer
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help with the word "proceeds" in a sentence of legal context

By the mutual agreement between the parties hereto, proceeds in accordance with the terms of this Contract, in which case the amount recovered under said insurance policy shall be applied to the ...
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13 votes
2 answers
7k views

What is the difference between "solicitor" and lawyer?

I've tried to understand the difference between solicitor and lawyer based on Cambridge dictionary, but it is not clear to me. What is the difference between them? In the mentioned dictionary it's ...
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73 votes
7 answers
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Meaning of "respecting" in "no law respecting an establishment of religion"

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably ...
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2 votes
1 answer
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The use of perfect present tense combined with present tense

There's a sentence in The Edict of Nantes (English version) starting like this: We have, by this perpetual and irrevocable edict, established and proclaimed and do establish and proclaim:... ...
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2 votes
1 answer
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What does "deemed election" mean in the context of Survivor Benefit Plan (SBP)?

Deemed Election by Former Spouse: The DD Form 2656 does not require a former spouse's signature. To prevent that former spouse from being at the mercy of a retiring servicemember who does not ...
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1 vote
1 answer
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What does "You have the right to an attorney" mean? [closed]

Does attorney means lawyer? and What does "You have the right to an attorney" mean?
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1 vote
1 answer
2k views

What's the meaning of "in the instance case"?

I've come across this phrase in legal documents. I've searched Google but couldn't find a definition. Google even treats it as a misspelling and says: Did you mean: "in the instant case" Some sample ...
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2 votes
3 answers
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How do you call the "act" of saving information?

There is a way of saying things with verbs like "Save data" or "clean room" or "Backup file". They have their counterparts like Clean room --> Room Cleaning Backup file --> File Backup Save Data ---...
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0 votes
1 answer
8k views

"Exclusions apply.": What does it mean?

When I saw a receipt of an e-commerce, I found a sentence "Exclusions apply." "Apply your 20-character promote code to receive this discount. Exclusions apply. See details at xxxxxxxx.com. Expires ...
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2 votes
2 answers
294 views

Grammaticality: 'such [...] relief as to this Honourable Court may seem just'

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 82 Middle. The plaintiff claims: [...] (f) such further and other relief as to this Honourable Court may seem just This ...
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0 votes
1 answer
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Need help understanding confusing info in tax publication

My English is not very good since I came to the country few years ago. I want to prepare taxes and I am just looking at some information from IRS publication 970. In particular, can someone please ...
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4 votes
3 answers
10k views

give an explanation within two days (of/from) the receipt of this letter

You are required to give an explanation (A) for your conduct (B) within two days of the receipt of this letter. (C) No error (D) This sentence was asked in my exam under the tag of error spotting ...
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1 vote
1 answer
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Use the verb "to mothball" in official texts

I saw a Wikipedia article (and not only this one) using the verb "to mothball" to denote rather obsolete, abandoned, put-on-hold methods or phenomena, e.g.: So by 2003, the original ECMAScript 4 ...
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2 answers
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Usage: Cancel membership "effective at/with"/"with effect of"/"with"/... the end of the current membership year?

Which of the following (if any) is the correct way to say you don't want to auto-renew membership, but instead cancel it? I hereby cancel my membership of xyz... effective at effective ...
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3 votes
2 answers
155 views

"Duress" in the (archaic) sense of "Forcible restraint or imprisonment."

I'm currently trying to figure out the exact meaning of the word duress in the sense forcible restraint or imprisonment. The Oxford Dictionary tells me that this meaning of the word is archaic. I've ...
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0 votes
1 answer
214 views

Adjectival Phrases- "accessory before the fact" vs "accessory after the fact"

What is the difference between accessory before the fact and accessory after the fact? Although I knew the individual meanings of them but unable to differentiate them from each other. Google says ...
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1 vote
2 answers
73 views

Differences between words indicating residence

Could a native English language speaker please explain what is the difference between the following words? Residence Dwelling Abode Habitation According to dictionaries, they look similar.
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3 votes
2 answers
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Word for when someone is freed of all charges or all charges dropped against them

What is one word for someone against whom initially there were some charges of wrongdoing but later is freed of all such charges or charges dropped against them formally or by a court? Thanks in ...
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3 votes
1 answer
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Is there a name for a type of letter where the writer asks an institution to provide a service?

In my country, it happens quite often that a citizen needs a service from a government agency, but there's no exact form for the service that the citizen wants. In such case, in Serbia, we'd write a ...
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1 vote
1 answer
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Is it appropriate to reduce the sentence in this way?

Can I say this sentence in this way: The document which is to be signed by me is to be reviewed by the Manager and to be signed by the General Director. ⇒ The document to be signed by me to be ...
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0 votes
1 answer
132 views

Can I put "the other" instead of "each other" or "either" when there is everything mentioned in one sentence?

I am stuck in one sentence while proofreading the draft Agreement of the two parties. Please help me! Here is the tricky sentence that has given me headache for the past two days. FYI. There are ...
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