Questions tagged [legalese]

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

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34 views

How can payees (not payors) forfeit a deposit? [migrated]

Forfeiture/forfeit a process under which a party must give up some benefit. For example, the buyer of goods may forfeit any deposit already paid if they refuse to complete the contract. JC Smith's ...
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15 views

What are the “incidents of a deposit”?

The boldened phrase below hails from the third sentence in the second paragraph, on page 4 of 9.       However, even when the payment in advance is a deposit, the court may not allow the innocent ...
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9 views

What does Lord Sumption mean in para. 21 of Bunge SA v Nidera BV?

I don't understand the boldened quote below that ellipsed [21] in the judgment. For example, how does "chartered service" differ from 'charterparty'? What's the 'the notional substitute ...
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1answer
38 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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2answers
35 views

“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I know the diction and syntax are outdated because I'm quoting from an English judge in 1885 namely Edgington v. Fitzmaurice (1885) 29 Ch D 459, Court of Appeal.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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7 views

What does “Please wire whether you would accept forty for delivery over two months” mean?

Perhaps this syntactic ambiguity is exactly why the parties had to litigate. Here's the PDF of the judgment. I can interpret it two ways. Were the plaintiffs asking if the Defendant would: accept 40 ...
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1answer
45 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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1answer
49 views

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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23 views

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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1answer
46 views

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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1answer
44 views

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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1answer
39 views

“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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1answer
59 views

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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1answer
29 views

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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1answer
25 views

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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1answer
20 views

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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1answer
326 views

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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1answer
59 views

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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1answer
70 views

“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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2answers
102 views

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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1answer
31 views

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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3answers
755 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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4answers
83 views

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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1answer
46 views

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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2answers
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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7answers
18k views

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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1answer
97 views

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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1answer
384 views

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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1answer
77 views

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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1answer
1k 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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3answers
84 views

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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1answer
7k 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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2answers
228 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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1answer
51 views

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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3answers
8k 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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1answer
93 views

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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2answers
3k views

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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2answers
139 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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1answer
202 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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2answers
63 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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2answers
4k views

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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1answer
69 views

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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1answer
76 views

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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1answer
120 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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2answers
7k views

Can you use “the” + “both” + noun?

I came across this sentence "Now therefore, the both parties enter into..." and it seemed incorrect to me. Shouldn't it be "both (of) the parties" or "both parties"? Or is it correct to say "the ...
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1answer
253 views

Best way to ask if a person lacks a criminal record in a form on a website

I have a website and there's an online form to be filled out by people who visit the site. I want to make sure that a certain person lacks a criminal record (that he hasn't one). So I put this: Lack ...
152
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8answers
34k views

Why “grand theft auto”, not “grand auto theft”?

There is a video game series called "Grand Theft Auto". According to its Wikipedia page: The name of the series references the term used in the US for motor vehicle theft. [...] Motor ...
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2answers
1k views

What is the meaning of levy a fine

I came across the following definition: To levy a fine - to commence and carry on a suit for assuring the title to land or tenements. But I've always thought it means something like is that you ...
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5answers
508 views

What did Oliver Wendell Holmes Jr. mean by 'molar to molecular actions'?

Preface: I originally posted this on Law SE but was advised to post here instead. Secondary Source: Introduction to The Study of Law (8 edn, 2016), p. 11 Middle. Primary Source: p 218, writing by ...
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231 views

After earning a Master's degree, does one have reached the Master level?

I am translating a typical French diploma into English. The translation will be certified, so I am trying to use the proper terms. The diploma reads Le diplôme [...] confère le grade de Master., ...

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