1. Introduction to English for Legal Purposes I
Marijana Javornik Čubrić, PhD

2. General info Lecturer: Dr. sc. Marijana Javornik Čubrić
Classes: Tuesday 10:00 – 11:30
Office hours: Wednesday 10:30 – 11:30, 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: Introduction to Law
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 (B1) Oct. 2 Introduction to ELP: LSP and Legal English
Oct. 9 Language and Law: Characteristics of Legal English, Sources of Legal English
Oct. 16 About Law: The Importance of Law
Oct. 23 Branches of Law: Classification of Law
Oct. 30 Branches of Law: Examples of Course Descriptions; Revision
Nov. 20Mid-term test
Nov. 27 The Historical Development of Law
Dec. 4 The Rule of Law
Dec. 11 Legal Systems of the World
Dec. 18 State Governance and Administration of Justice: Separation of powers
Jan 8 Resolving disputes; Revision
Jan. 15 End-of-term test
Jan. 22 Final revision and signatures

7. Course outline (C1) Week 1/Oct.3
Introduction; Unit 1: Language and Law
Language for Specific Purposes and Legal English
Week 2/Oct.10
Unit 1: Language and Law
Characteristics of Legal English: Examples; History of English
Week 3/Oct. 17
Unit 2: About Law
The Importance of Law
Week 4/Oct. 24
Law and Morality
Week 5/Oct.31
Unit 3: Branches of Law
Classification of Law
Week 6/Nov. 7
Examples of Course Descriptions; Revision
Week 7/Nov.21
Mid-term test
Week 8/Nov.28
Unit 4: The Historical Development of Law
Major Stages in the History of Law
The Rule of Law: Examples of Historical English Legal Documents
Week 9/Dec.5
Unit 5: Legal Systems of the World
The Major Western Legal Families
Week 10/Dec.12
Other Legal Traditions
Week 11/Dec.19
Unit 6: State Governance and Administration of Justice
Separation of Powers
Week 12/Jan.9
Resolving Disputes
Week 13/Jan.16
Revision
Week 14/Jan.23
End-of-term test

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

9. Attendance Strongly recommended Benefits
Required for taking the mid-term examinations

10. Presentations Optional Substitute for the oral part of the examination
Topics connected with Legal English, History of English, Classification of Law, Legal Systems of the World, Separation of Powers
Topic to be decided by October 16/17

11. Guidelines for presentations
Suggested duration: minutes
Individual or in pairs
Reading is not allowed; notes are
3 sources to be used
Draft to be sent a week in advance of the scheduled presentation
Questions for the audience or discussion points welcome

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

13. Any questions?

14. LSP

15. Common abbreviations EFL – English as a Foreign Language
LSP – Language for Specific Purposes
ESP – English for Specific Purposes (f. e. Business English, Legal English – English for Legal Purposes or ELP)
EAP – English for Academic Purposes

16. 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

17. 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)
The best and most common opportunities arise through reading texts. CLIL draws on the lexical approach, encouraging learners to notice language while reading.

18. 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’

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

20. Language issues in ESP Grammar (only when relevant)
Vocabulary (technical, semi-technical)
Discourse analysis

21. LSP and Legal English

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

23. 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

24. 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.

25. Collocations
Collocations are expressions which consist of two or more words which frequently appear together.
Collocations may involve adjectives and nouns (e.g. ‘a promisory note’, ‘reasonable doubt’, ‘a void contract’), verbs and nouns (‘to fulfil obligations’, ‘to award damages’), adverbs and nouns (‘legally binding statement’).
Example: to pass... a bill, a law, examination, greetings, a sentence, a resolution, a verdict

26. Phrases/collocations
Some examples:
detrimental effect – štetno djelovanje
discharge the jury – raspustiti porotu
rescind a contract – raskinuti ugovor
sham marriage – lažni brak
reasonable doubt – osnovana sumnja
voidable contract – pobojan ugovor
wrongful death – smrt treće osobe

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

28. 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.

29. 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.

30. 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 1275.
Soon after that French became the language of the legislature and judiciary.
This situation continued for almost three centuries.

31. New French terms French in the EU Commonly accepted terms such as:
Acquis communitaire
Rendez-vous clause
OLAF

32. 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

33. 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

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

35. 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

36. 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

37. 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”)

38. Results of the movement
Some of the most important changes in the legal language in England were introduced in 1999 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!