1. Introduction to English for Legal Purposes I

2. General info Lecturer: Dr. sc. Marijana Javornik Čubrić
Classes: Tuesday 8:30 – 10:00
Office hours: Tuesday 10:00 – 11:00, Gundulićeva 10, Room No. 6
Contact:

3. Coursebook
Sočanac, Matijašević, Javornik Čubrić, Husinec, Horvatić Bilić: English for the Legal Profession, Narodne novine, Zagreb, 2017
Module One
Units 1-6

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

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

6. Course outline Oct. 3 Introduction to ELP: LSP and Legal English
Oct. 10 Language and Law: Characteristics of Legal English
Oct. 17 History of English; Sources of Legal English
Oct. 24 About Law
Oct. 31 Branches of Law: Classification of Law
Nov. 7 The Historical Development of Law
Nov. 21 The Rule of Law; Revision
Nov. 28 Legal Systems of the World
Dec. 5 State Governance and Administration of Justice
Dec. 12 Resolving Disputes
Dec. 19 Revision
Jan. 9 Mid-term examination
Jan. 16 Presentations
Jan. 23 Final revision and signatures

7. Teaching materials Available at: www.pravo.hr Katedra za strane jezike
Predmet:
Engleski jezik pravne struke I

8. Attendance Strongly recommended
Required for taking the mid-term examination
3 absences allowed

9. Presentations Optional Substitute for oral part of the examination
Topics connected with Legal English, History of English, Classification of Law, Separation of Powers
Suggested duration: 5-15 minutes
Individual, in pairs or in groups of three
3 sources to be used
Draft to be sent a week in advance of the scheduled presentation

10. Examination
Written part – grammar, legal terms, gap filling, basic definitions
Oral part – presenting a topic using relevant vocabulary

11. Any questions?

12. LSP

13. Common abbreviations EFL – English as a Foreign Language
LSP – Language for Specific Purposes
ESP – English for Specific Purposes (f. e. Business English)
EAP – English for Academic Purposes
ELP – English for Legal Purposes
EPA – English for Public Administration

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

15. The teaching of ESP
A separate activity within English Language Teaching (ELT)
ESP must be taught by studying a content- based subject – knowledge of the language becomes the means of learning content (CLIL)

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

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

18. Language issues in ESP Grammar Vocabulary (technical, semi-technical)
Discourse analysis

19. ELP

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

21. Difficulties in ELP 1. Polysemy
2. Phrases/collocations (sequences of words which usually occur together)
3. Foreign words (borrowings) and archaisms
4. Doubles and triplets
5. Technical vocabulary

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

23. Collocations
Collocations are expressions which consist of two or more words which frequently appear together.
Collocations may involve adjectives and nouns (e.g. ‘a derisory offer’ or ‘a binding contract’), verbs and nouns (‘to fulfil obligations’), adverbs and nouns (‘legally valid’ or ‘wholly fraudulent’).

24. Phrases/collocations
Some examples:
detrimental effect – štetno djelovanje
discharge the jury – raspustiti porotu
rescind a contract – raskinuti ugovor
sham marriage – lažni brak
valid reason – utemeljeni razlog
voidable contract – pobojan ugovor
wrongful death – smrt treće osobe

25. Foreign and archaic words
Words of Scandinavian, Latin and French origin
Archaic terms (old words no longer in use in everyday communication)

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

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

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

29. French as the dominant language of the law caused huge problems for common English people who had any contact with the law. An uneducated person who had a case before the court could not understand what was being said, since all court proceedings were conducted in French.
The Parliament of the United Kingdom tried to regulate the language of the law on three occasions. The first attempt was the famous Statute of Pleadings from 1362.

30. New French terms
Acquis communitaire
Rendez-vous clause

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

32. Doubles and triplets To have and to hold – to own Any and all – all
Last will and testament
Null and void
Full and complete
Ready, willing and able

33. Technical vocabulary Legal terms – examples Tort
Alternative dispute resolution
Remedies
Trafficking
Money laundering

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

35. Characteristics of legal texts
Long and complex sentences
The passive
Impersonal style – avoiding personal pronouns
Modal verbs and legal “shall” – imposing an obligation or duty on someone
Technical vocabulary
Archaic and foreign words
Repetition of words

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

37. Why plain language? Readers understand documents better
Readers prefer plain language
Readers locate information faster
Documents are easier to update
It is easier to train people
Documents are more cost-effective

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

39. Example Rewrite the following passage:
“ The statement for professional services that you will find enclosed herewith is, in all likelihood, somewhat in excess of your expectations. In the circumstances, I believe it is incumbent upon me to avail myself of this opportunity to provide you with an explanation of the causes therefor. It is my considered judgment that three factors are responsible for this development.”
(Source: R. Wydick, Plain English for Lawyers, p. 57)

40. Plain English formulation
The bill I am sending you with this letter is probably higher than you expected, and I would like to explain three reasons why.

41. A joke for the end...
How do lawyers say “Merry Christmas”?

42. Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low-stress, non- addictive and gender-neutral celebration of the winter solstice holiday as practised within the most enjoyable traditions of the religious persuasion of your choice (but with respect for the religious or secular persuasions and/or traditions of others, or for their choice not to practise religious or secular traditions at all).

43. Reminders Obligatory: Please bring your textbook next time!
Recommended: Think about a presentation topic!

44. Thank you for your attention!