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ASSIGNMENT NO 1
LOGIC AND LEGAL REASONING

TOPIC:LEGALESE
SUBMITTED TO:MAM FOZIA

SUBMITTED BY:AMNA IMDAD

ROLL NUMBER:20333

SEMESTER:LL.B 5TH MORNING(HONS)

COLLEGE OF LAW

GOVERNMENT COLLEGE UNIVERSITY

FAISALABAD
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Sr No. Contents Page No.

1 INTRODUCTION 3

2 THE LEGAL FIELD 3

3 WHAT IS LEGALESE? 3

4 LEGAL LANGUAGE 4

5 WHAT IS THE POINT? 4

6 CONTRACT EXAMPLES OF 5
LEGALESE

7 LEGALESE TERMS AND PHASES 5

8 NATURE AND SCOPE OF 8

LEGALESE

9 IMPORTANCE OF LANGUAGE IN 9
LAW

10 IMPORTANT LEGAL MAXIMS 9

11 CONCLUSION 10
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1)Introduction
Words are the essential tools of the law. In the study of law, language has nice
importance; cases activate the which means that judges impute to words, and
lawyers must use the right words to effectuate the wishes of their clients. It has
been aforementioned that you simply are learning a brand new language once
you study law, but it’s actually a bit more complicated. There square measure a
minimum of four ways that during which you encounter the vocabulary of law.

One of the nice paradoxes regarding the legal community is that lawyers square
measure, on the one hand, among the most eloquent users of the English
language while, on the other, they are perhaps its most notorious abusers.

2)The Legal Field

Sometimes, certain professions utilize a type of language that is specific to an
industry, a kind of jargon not everyone will understand. The legal profession is no
different.

Let's say you are signing a contract to become a pro basketball player. The
contract has a lot of confusing terms you are unsure of. Before you decide to sign,
you hire a lawyer to go over the contract with you. He tells you that a
contract's legalese will sometimes be too difficult for the typical person to
understand. That's why it is important to have a lawyer look over the contract
first.

3)What Is Legalese?
Legalese consists of specialized terms or phrases used in the legal profession. This
type of specialized language can carry over into legal contracts, such as the
basketball contract you were about to sign. Legalese provides extensive
explanation of what's expected from the party offering the contract and the party
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signing it. Since this type of language does not provide simple explanation,
individuals who are not in the legal profession may find it difficult to understand.
Hiring a legal professional, like you did with your basketball contract, can help
shed light on the more technical terms.

4)Legal Language
Legal language means a language used by the persons connected to the legal
profession. The language used by the lawyer, jurist, and the legislative drafts man
in their professional capacities. Law being a technical subject speaks through its
own register. Legal language has varies like local legal language and English.

This term is derived from the Latin word ‘Lingua’ meaning a system of
communication between humans through written or vocal symbols .It is a speech
peculiar to an ethnic, national or criminal group .It is the articulate or inarticulate
expression of thoughts and feelings by living creatures it is the system of sounds
and words used by human being to express themselves.

In India legal language means a language other than in English or independent of

English a legal language is expected to be developed through the medium of
regional language 

5)What Is the Point?

Words and phrases can hold different meanings for different people. Someone
who lives in town might say, ''I'm going to town.'' Everyone who lives in the area
knows that you mean going to the grocery store a mile away. An outsider,
however, might be confused by this reference. In the legal profession, this type of
misinterpretation can have negative consequences.

Legalese in legal documents eliminates the possibility for misinterpretation of

words or phrases. In normal speech, an objective may be covered in one sentence
to provide simplified understanding. In the legal profession, that same objective
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could be described in several paragraphs because it could hold different meanings

for different people, leading to unintended consequences.

Let's think back to your basketball contract. Why does it have legalese in it? The
basketball contract is a binding agreement between you and the team. Because
you are expected to act a certain way and are held to certain standards, your
understanding of expectations may be different than the team's. In order to make
sure everyone is on the same page, the contract describes each objective in full
detail to avoid loopholes and misunderstandings.

6)Contract Examples of Legalese

One example of legalese is the terms and conditions of a contract. In a cell phone
contract, some terms and conditions could be: the amount that is due each
month, the customer's obligation to pay off the phone, military exemptions, or
payment plans. This can all become very confusing, especially if the individual
does not understand their obligations upon purchasing the phone.

An individual might wish to unlock their phone but can't because they haven't
paid off their bill. It's covered in the terms and conditions, but the customer may
have only skimmed through those terms and conditions, thinking they're too
complicated or don't apply. In this case, the legalese protects the company, but if
the legalese is not explained or the customer does not fully read the contract, the
customer may feel like they were mistreated.

7)Legalese Terms & Phrases

Here are some common examples of legalese. Accompanying each is a brief
definition or explanation:

 Express terms: these are the explicitly stated terms of a contract

 Liability: this is the legal obligation to the contract
 Offer: this is an agreement made to develop a contract
 Proxy: this is a person who acts on behalf of another for a specific purpose.
 Repudiation: this is a refusal to comply to the agreement or contract.
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 1).
 Ab Initio: From the start; from the beginning.
 2).
 Actus Reus: A prohibited act.
 3).
 Ad Hoc: Limited in tiguardian ad litem is the one
 Ab Initio: From the start; from the beginning.
 Actus Reus: A prohibited act.
 Ad Hoc: Limited in time; to this point.
 Ad Litem: For the suit. A guardian ad litem is the onewho represents a
minor defendant.
 Alibi: ‘Elsewhere’ A defence to a criminal chargealleging that; the
defendant was not at the place at
 which the offence was committed at the time of its alleged commission and
so could not have been
 responsible for it.
 Bona Fide: Good faith.
 Causa Sine Qua Non: An intervening cause of loss which, though not direct,
may nonetheless contribute to the loss.
 .Caveat Emptor: ‘Let the buyer beware’ A common-law maxim warning a
purchaser that he could not claim that his purchases were defective unless
he protected himself by obtaining express guarantees from the vendor.
 Certiorari: A formal request to a court challenging a legal decision of an
administrative tribunal, judicial office or organization alleging that the
decision has been irregular or incomplete or if there has been an error of
law.
De Facto: ‘In fact’ – Existing as a matter of fact rather than of right.
 De Jure: Of law, As a matter of legal right; by right
 Dictum: An observation by a judge with respect to a point of law arising in a
case before him.
 Ex Parte: Decision of a case in the absence of one of the parties.
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 Habeas Corpus: A court petition which orders that a person being detained
be produced before a judge for a hearing to decide whether the detention
is lawful or not.
 In Absentia: In the absence of.
 In Camera: A closed and private session of Court. A court hearing must
usually be public but the public may be barred from the court or the
hearing may continue in the judge's private room in certain circumstances;
for example, when it is necessary in the interests of national security or to
protect the identity of a witness unwilling to give evidence in public.
 In Personum: Regarding a person; a right available a specific person is
called, “right in personum”.
 In Rem: Regarding a thing. A right available against the world at large is
called, “right in rem”.
 Inter Alia: Among other things', 'for example' or 'including'.
 Inter se: As between or amongst themselves.

 Intra Vires: ‘Within the powers’. Describing an act carried out by a body
such as a public
authority or a company that is within the limits of the powers conferred on
it.
 Ultra Vires: ‘Beyond the powers’. Describing an act carried out by a body
such as a public authority or a company that is beyond the limits of the
powers conferred on it.
 Ipso facto: By the act itself.
 Mutatis Mutandis: Mutatis Mutandis means the necessary changes. This is
a phrase of frequent practical occurrence, meaning that matters or things
are generally the same, but to be altered, when necessary, as to names,
offices, and the like.
 Onus: Burden;
 Per Capita: Per head;
 Per Se: Of itself;
 Quantum: Amount or extent;
 Quorum: The minimum number of voting members that must be in
attendance at a meeting of an organization for that meeting to be regularly
constituted;
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 Quasi: As if, almost.”

 Quo Warranto: Legal procedure taken to stop a person or organization
from doing something for which it may not have the legal authority, by
demanding to know by what right they exercise the controversial authority.
 Ratio Decidendi: Reasons for a decision;
 Res Ipsa Loquitur: The thing speaks for itself;
 Res Judicata: Already subject to judicial determination;
 Respondeat Superior: Let the principal answer;
 Breach of contract: this means the failure of one party to uphold their side
of a contract
 

8)Nature and scope of legal language:

Legal language comes across and influences different segments of the society.
Some of them may be law knowing persons and others may not .The
communication between the law- giver and men of law is one say
communication. It can be found in the shape of statute. The language of the
statute is most technical and legislators have very little to do with it but drafter
take care that it is communicative of, the law-givers intention. The
communication between the judge and the council is the to-way, as both are well-
versed in law. So is the case with formal communication between the two
opposed councils while addressing the judge. This short communication involves
judgments and briefs. In the third instance there is informal consultation that
takes place either between two or more judges, chamber or between two or
more council in councils office or bar room or among men of law in jurisprudential
decisions. Lastly, there is the consultation between the ordinary citizen and the
counsel. The former may be ignorant of law and therefore the job of the latter is
more difficult as he has to give legal shape and terminology to the ordinary
language of the client.

In Ashok K.Kelkar’s language legal communication may be summarized in four

types of situational contexts:

1. The law-givers to the judge and the counsel statutes, preamble to statutes.
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2. The judge to the counsel, the counsel to the judge-judgment, briefs, court –
room exchange, preamble-like portion of judgment and briefs.
3. The judge to jury, the counsel to client, the client to counsel- the judge’s
brief, consultations.
4. Between ordinary citizens-contracts, testaments, buy-laws, notice and the
like.

9)Importance of language in law:

Legal language is different from everyday language. The differences are most
obvious at the semantic level .of all the modes of persuasion furnished by the
spoken work there are three kinds –
1. The first depends upon the personal character of the speaker.
2. The second on putting the audience into a certain frame of mind, and
3. The third on the proof or apparent proof provided by the words of the
speech itself .and this can be achieved by (a) reasoning logically
(b)understanding human character and goodness in their various forms,
and (c)understanding the liberty of the mind. The object of every sincere
speech after all, is not to arouse the passions or flatter the senses, but to
convince the hearers of the truth.

As a lawyer one must have a distinctive vocabulary which uses the words from
outside the general language and words which are part of the general language,
but which have radically different meaning in legal and general usage.
The significant of language for law lies infect that it is not merely a medium of
communication but also a medium of law or furthermore or is not merely only
medium, to is the law.

10) Important Legal Maxims

Those Legal Maxims are very much helpful for all student of law.
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1.Delgatus non potest delegare :- A delegate cannot delegate. An agent

cannot law fully employ another to perform the duties of his agency.
2. Nemo judex in causa sua :- Every member tribunal that is called upon to try
issues in judicial or quasi-judicial proceedings must be able to act judicially.
3. Novus actus interveniens or novo causa enterveniens: – The intervention
of human activity between defendant’s act and its consequences. When the
damage is the result of wrongful act on the independent third party, which
could not naturally be contemplated as likely to spring on the defendant’s
conducts.
4. Volenti non fit injuria: – Harm suffered voluntarily does not constitute a
legal injury and is not actionable. A man can’t complain of harm to the chances
of which he has exposed himself with knowledge and of his free will.
5. Caveat emptor: – the buyer must look out for himself, or buyer beware.
Under the contract of sell there is no implied condition or warranty as to
quality or fitness of goods supplied for any particular purpose. The buyer
buyers on his own judgment and skill if he selects the specific goods he
requires. Also where the goods are inspected by the buyer without only fraud
on the part of seller.
6. Donation mortis causa: – A transfer by person on death-bed.
7. Nemo dat quod non habet: – No one can give that which is not his own. The
rule does not apply in case where a negotiable instrument is sold to a
benefited purchaser for value without notice.
8. Nemo dat quod non habet :– No one can give that which is not his own. The
rule does not apply in case where a negotiable instrument is sold to a
benefited purchaser for value without notice.
9. Audi alteram partem :– Hear the other side. It has long been a received,
rule that none is to be condemned punished or deprived of property in any
judicial proceeding unless he has had an opportunity of being heard.
10. Ignorantia juris non excuasat:- Ignorance of one’s own right does not
prejudice the right.

11) Conclusion

The phrase, “Legal English” which is often referred to as “legalese”, is the

version of the English language which lawyers and others who are involved in
the legal profession, such as judges and legislators, use when discussing the
law and law-related issues; It is the style of English used by lawyers and other
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legal professionals in the course of their work. Legal language contains a

number of unusual features which are related to terminology, linguistic
structure, linguistic conventions, and punctuation. It is mostly used in written
form, such as in the creation of legal documents and laws, and during court
proceedings.