0% found this document useful (0 votes)
8 views

Elec 2 Final Output

The document outlines a module on English for Legal Purposes, aimed at enhancing language proficiency for individuals in legal contexts. It covers the history, methodology, and specialized vocabulary of legal English, emphasizing the importance of effective communication in law. The module also includes resources like Lexicon Lounge and Dialogue Depot to aid learners in developing their legal language skills.

Uploaded by

Kee Resente
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
8 views

Elec 2 Final Output

The document outlines a module on English for Legal Purposes, aimed at enhancing language proficiency for individuals in legal contexts. It covers the history, methodology, and specialized vocabulary of legal English, emphasizing the importance of effective communication in law. The module also includes resources like Lexicon Lounge and Dialogue Depot to aid learners in developing their legal language skills.

Uploaded by

Kee Resente
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 14

1

TABLE OF CONTENTS

 Title Page 1

 Table of contents 2
 Introduction
o Brief introduction 3
o Module objectives 3
 Content
o What is English for Legal Purposes (Law) 3
o History and Development 5
o Lexicon Lounge: Expanding Your Word Horizons 6
o Dialogue Depot: Conversational Gems in [Field] Discourse 6
o Methodology and Techniques 9
o Evaluation Scheme 11
o Simulation/Role Play video link 11
o Language Audit 11
o References 13
o Submitted by 14
3

BRIEF INTRODUCTION

English for Legal Purposes is designed for learners who have a background in law and
require English language proficiency in legal settings such as courtrooms, law offices, and
international legal interactions. Legal language refers to the specialized vocabulary and
terminology used in the field of law. It is a form of technical jargon with unique meanings and
nuances specific to the legal context.

Emphasis will be placed on the history and development of English for legal purposes
(law) along with its lexicon lounge, dialogue depot, methodology and techniques, evaluation
scheme, simulation, and language audit.

This module aims to develop learner's language skills such as legal vocabulary, grammar,
convention, legal research, and writing, and to enhance their ability to communicate effectively
in legal contexts. As well as for learners to be successful in their legal careers.

MODULE OBJECTIVES

At the end of the module, the learners should be able to:

1. Define English for Legal Purposes (Law).


2. Discuss the knowledge gained from English for Legal Purposes (Law).
3. Develop the ability to participate confidently in legal discussions.

WHAT IS ENGLISH FOR LEGAL PURPOSES (LAW)

In English for Legal Purposes (law), "law" encompasses the study and application of
rules and regulations established by governing authorities to regulate behavior, resolve disputes,
and maintain societal order (Johnson, 2018). It involves understanding the legal system's
structure, including courts, legislation, and precedents. Legal professionals, such as lawyers and
judges, interpret and apply these laws, advising clients, representing them in legal proceedings,
and drafting legal documents. Legal English also involves specialized terminology, principles of
legal reasoning, and techniques for legal research and writing (Smith, 2017).
4

English for legal purposes is difficult to understand because it is often very different from
ordinary English. This comprises two issues:

1. The writing conventions are different: sentences often have peculiar structures,
punctuation is used insufficiently, foreign phrases are sometimes used instead of English
phrases (e.g. inter alia instead of among others), unusual pronouns are employed (the
same, the aforesaid, etc), and unusual set phrases are to be found (null and void, all and
sundry).
2. A large number of difficult words and phrases are used.
These fall into four categories:
a. Legal Terms of Art- Legal terms of art are technical words and phrases that have precise
and fixed legal meanings and which cannot usually be replaced by other words. Some of
these will be familiar to the layperson (e.g. patent, share, royalty). Others are generally
only known to lawyers (e.g. bailment, abatement).
b. Legal Jargon- Legal jargon comprises words used by lawyers, which are difficult for
non-lawyers to understand. Jargon words range from near slang to almost technically
precise words. Well-known examples of jargon include boilerplate clauses and corporate
veil.

Jargon includes a number of archaic words no longer used in ordinary English. These
include annul (to declare that something, such as a contract or marriage is no longer
legally valid) and bequest (to hand down as an inheritance property other than land). It
also includes certain obscure words which have highly specialized meanings and are
therefore not often encountered except in legal documents. Examples include
emoluments (a person’s earnings, including salaries, fees, wages, profits, and benefits in
kind) and provenance (the origin or early history of something). Jargon words should be
replaced by plain language equivalents wherever possible.

c. Legal meaning may differ from the general meaning- There is also a small group of
words that have one meaning as a legal term of art and another meaning in ordinary
English. One example is the word distress, which as a legal term of art refers to the
seizure of goods as security for the performance of an obligation. In ordinary English, it
means anxiety, pain, or exhaustion.
5

d. Words may be used in apparently peculiar contexts- A number of words and phrases,
which are used in ordinary English, are also used in legal English but in unusual contexts.
Examples include furnish, prefer, and hold.

Overall, English for Legal Purposes (law) focuses on developing the language skills necessary to
navigate and participate effectively in the legal domain, whether through communication,
analysis, or advocacy.

HISTORY AND DEVELOPMENT

In prehistoric Britain, traditional common law was discussed in the language since time
immemorial. The legal language and legal tradition changed with the influence of conquerors
over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed
Roman legal tradition, and its legal language was Latin. Then the Roman departure from Britain
circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-
Saxon law, which was discussed in the Germanic language (Anglo-Saxon, Old English), and
written in Old English since circa 600, beginning with the Law of Ethelbert. During the Norman
invasion of England in 1066, Anglo-Norman French became the official language of legal
proceedings in England for a period of nearly 300 years, while Latin was used for written records
for over 650 years.

In legal pleadings, Anglo-Norman urbanized into Law French, from which many words
in modern legal English are resulting. These include property, estate, chattel, lease, executor, and
tenant. The use of Law French during this period has an enduring influence on the general
linguistic register of modern legal English. It also gives idea for some of the complex linguistic
structures engaged in legal writing. In 1363, the Statute of Pleading was enacted, which stated
that all legal proceedings be conducted in English (but recorded in Latin). This marked the
beginning of formal Legal English; Law French continued to be used in some forms into the 17th
century, though it became increasingly disintegrate.

From 1066, Latin was the language of formal proceedings and statutes, being replaced by
English. However, since only the learned was smooth in Latin, it never became the language of
legal pleading or debate. The influence of Latin can be seen in a number of words and phrases
6

such as ad hoc, de facto, bona fide, inter alia, and ultra vires, which remain in current use in legal
writing.

Today, with the increasing globalization of legal practice, proficiency in English for law
is essential for legal professionals to navigate cross-border transactions and communicate
effectively with clients and colleagues. As legal practices expanded globally, English became the
dominant language of international law, necessitating proficiency in legal English among legal
professionals worldwide.

LEXICON LOUNGE: EXPANDING YOUR WORD HORIZONS

As a law student, lawyer, or legal professional, having a strong command of language is


crucial for success in the legal field. Communication skills are essential for drafting legal
documents, advocating for clients, and navigating the complexities of the law. One key aspect of
effective communication is having a diverse and nuanced vocabulary that allows you to
accurately convey your thoughts and ideas.

Lexicon Lounge is a valuable resource for anyone looking to enhance their vocabulary
and linguistic skills in English for the field of law. Whether you are studying for the bar exam,
writing briefs and memoranda, or presenting arguments in court, Lexicon Lounge can help you
expand your legal vocabulary and improve your communication skills.

By providing word lists, definitions, and exercises tailored specifically to the language of
law, Lexicon Lounge offers a structured and engaging way to build your vocabulary. From basic
legal terms to specialized terminology, Lexicon Lounge covers a wide range of topics to help you
confidently navigate the world of law.

Being exposed to Lexicon Lounge cites is a smart investment in your future success in
the legal field. By expanding your word horizons and sharpening your linguistic skills, you will
be better equipped to excel in your studies, career, and relationships with clients and colleagues.

Start your legal journey by delving into resources that can help you develop your English
for Law. Link here: https://legalenglish.georgetown.domains/legal-english-resources/.

DIALOGUE DEPOT: CONVERSATIONAL GEMS IN ENGLISH FOR LEGAL


PURPOSES (LAW) DISCOURSE
7

In the courtroom where the fate of a case hangs in the balance, some dialogues are
observed for example:

1. The tension is intense in two opposing lawyers, they engage in a heated debate over
the crucial evidence. As the judge listens attentively, the lawyers present their
arguments, each trying to sway the court's decision. The judge, known for their
fairness and expertise, weighs the merits of each side before making a ruling. In this
intense drama, the outcome is far from certain, and the audience is on the edge of
their seats as the lawyers navigate the complex landscape of legal procedure.

Lawyer 1: "I object, Your Honor. This evidence is inadmissible."

Judge: "Sustained. Counsel, please approach the bench to discuss this matter
further."

Lawyer 2: "Your Honor, with all due respect, I believe this evidence is crucial to the
case at hand."

Judge: "I understand your position, Counsel, but the rules of evidence must be
followed. Let's proceed accordingly."

Lawyer 1: "Yes, Your Honor. Thank you for your guidance."

Judge: "Of course. Let's continue with the proceedings."

This dialogue is part of a trial in a court of law. The lawyers, which are Lawyer 1 and
Lawyer 2, represent their clients in the trial, and the judge presides over the case. The dialogue is
likely to take place during the presentation of evidence by one of the parties in the case.

2. In the simulation video presented these are the phrases used:

1. Defense attorney - represents the defendant accused of a crime.


2. Cross examination - formal questioning of the other party in a trial to challenge the
testimony already given.
3. Irrelevant Questions - as “evidence which has at least some tendency to make a fact
at issue more or less true.” Anything that does not fall into that category is irrelevant.
8

4. Leading question -the witness must answer a question on their own and without any
coaching or influence from the lawyer who is questioning them. This is usually the
case with “yes” or “no” questions.
5. Black Judicial Robes/ Black Robes - wearing 'Black Robe' creates a sense of
discipline among Lawyers and gives them a sense of Power and feeling of being
upholders of Rights and Justice.
6. Objection your honor - the judge then rules on the objection, deciding whether to
sustain it or overrule it.
7. Punitive damages –exemplary damages are damages that are awarded in personal
injury lawsuits in addition to compensatory damages. They can be awarded by courts
and juries.
8. Non-Responsive - When a witness starts responding to a question with information
that is completely unrelated to the question, you can object to it as being “non-
responsive.”
9. Your Honor - this is a respectful way to address a judge in court.
10. Objection is sustained - the judge agrees with the objection and disallows the
question, testimony, or evidence.
11. Good faith- A legal principle that requires parties to act honestly and fairly in their
dealings with each other.
12. Without prejudice- A clause that indicates that an offer or statement made in a legal
proceeding is not intended to be binding or conclusive.
13. Burden of proof- The obligation of one party to demonstrate the truth of their claims
by presenting sufficient evidence.
14. Beyond a Reasonable Doubt - "Beyond all reasonable doubt" the standard of proof
required in criminal cases, which requires proof that is beyond all reasonable doubt of
the defendant's guilt.
15. Cause of Action - The legal grounds on which a party to a lawsuit relies to get a
verdict against an opponent.
16. Closing Argument - After all the evidence of a lawsuit is heard on both sides, the
lawyers tell the jury what they think the evidence proves and why they think the jury
9

should find in favor of their client. This is an "argument" or "summing up." It is not
evidence.
17. Opening Statement - Before introducing any evidence in the case, a lawyer tells the
jury what the case is about and what evidence is expected to be brought in to prove
that side of the case. It is not evidence.
18. Probable Cause - Reasonable cause; having more evidence for than against; a
reasonable belief that a crime has or is being committed; the basis for all lawful
searches, seizures, and arrests.
19. Adjudicatory Hearing - Juvenile court proceeding to determine whether the
allegations made in a petition are true and whether the child/youth should be subject
to orders of the court.
20. Failure to Appear - In a civil case, failing to file an Appearance form. In a criminal
case, failing to come to court for a scheduled hearing.

METHODOLOGY AND TECHNIQUES

Studying English for law involves specific methodologies and techniques to ensure
effective communication within the legal field. Here are the methodologies and techniques used
in English for law.

1. Emphasize Legal Terminology and Vocabulary

One of the foundational aspects of teaching legal English is introducing students to the
extensive and specialized language of law. Try to explain legal terms in ordinary English.
Students will learn more legal English terms and phrases if they can describe them in simple
English.

You can employ interactive methods, such as flashcards, word games, and real-world
examples, to help learners grasp legal terms and phrases effectively. Encourage the use of legal
dictionaries and online resources to build their legal vocabulary continually.

You should also make a point of highlighting any key differences within the language. As
mentioned, minor differences can create significantly different meanings in law. Words like
“ensure” and “insure” can be easily confused and it’s important that your students avoid such
mistakes.
10

2. Analyze Legal Texts and Case Studies

Exposing students to authentic legal texts, such as statutes, contracts, and court opinions,
is paramount in understanding legal language in context. Engage learners in analyzing case
studies and legal documents to enhance their comprehension of legal jargon and drafting styles.
Encourage critical thinking and discussion, allowing students to apply the language to real-world
scenarios.

You should also keep in mind that studying law can be exhausting. There are thousands
and thousands of pages of legal text and dozens of books your students have to read as part of
their studies or work. So, if you give them extensive research material on legal English, there’s a
chance that they won’t be able to cover all of it and could lose interest. Do things in moderation
and bring variety to your lessons, and it should yield much better results.

3. Incorporate Listening and Speaking Exercises

Expose students to authentic legal dialogues, speeches, and recordings of court


proceedings to enhance their listening comprehension and expose them to different legal accents
and dialects. Engage in role-playing activities to improve their speaking abilities and encourage
them to respond to legal scenarios orally.

4. Discuss Current Events

As legal professionals, your students should be up to date with current events and be
prepared to discuss controversial topics. You can introduce such topics to discuss in class with
specific guidelines, and if they tie in with legal English it’s ideal.

The more fascinating the topic, the more students will want to get involved and express
their opinion. That way you not only create great orators, but great orators in legal English.

5. Introduce Legal Writing Skills

Teaching legal English is incomplete without incorporating legal writing skills. Once
your students are up to speed on the vocabulary and legal texts you can increasingly introduce
writing.
11

It can be worth starting with a basic piece of writing or a legal assignment that they are
familiar with from their studies in their own country. You can always ask your student to provide
you with some examples of their previous work if you are unsure what to assign here. If they
have any trouble writing something and you’re unable to help, they can always seek out a law
assignment helper for guidance. They can provide some pointers to help aid the writing process.

When your students have got a handle on writing some basic legal texts, you can start to
guide them on drafting contracts, legal memoranda, and briefs. The focus here should be on
clarity, precision, and the appropriate use of language.

EVALUATION SCHEME

The Evaluation Scheme of


English for Law is designed to assess
students' Systematic Knowledge and
Understanding of Legal Principles,
Cognitive Skills: a logical approach to
problem-solving with analysis, critical
evaluation, and judgment, and Practical
skills: communicating concepts and
principles, in a structured and
professional manner, these are essential
for success in the legal field. This
scheme evaluates students based on
criteria such as distinction,
commendation, pass, marginal fail, and
clear fail, providing a comprehensive
assessment of their proficiency in applying legal principles, critical thinking abilities, and
practical legal skills.

SIMULATION/ROLE-PLAY VIDEO LINK

The group members, Manny P. Alaiden, Riza Jean S. Ansan, Rachel Ann I. Ferolin,
Karyl Kee A. Resente, and Junielyn G. Saripa, role-played the English for Legal Purposes (Law)
12

simulation. The real-life experiences of solicitors Geoffrey Bowers and Clarence Cain served as
the basis for the events depicted in the movie. In one of the earliest "AIDS Discrimination
Cases," Bowers filed a wrongful dismissal lawsuit against the law firm Baker McKenzie in 1987.

Link: https://www.youtube.com/watch?v=NxLR5r_BAEI

LANGUAGE AUDIT

The following are the vocabularies used in the simulation presented:

1. Complaint - The pleading that starts a case.


2. Judge - a public official appointed to decide the case in a court of law.
3. Attorney - a person who is professionally trained to give legal advance and licenses to
represent people in the court.
4. Plaintiff - a person who brings a legal case against someone else.
5. Defendant - a person who is being charged with a legal case or is being sued by another
person.
6. Verdict - the decision in a trial, made by a jury or a judge means to tell the truth.
7. Guilty - someone has been found to have committed a crime by a jury or a judge.
8. Appeal - is made when the defendant does not like the decision made by the jury or a
judge from a lower count to a higher count.
9. Jury- a group of people who have been chosen to listen to the facts in a court action and
decide whether a person is guilty or not guilty.
10. Relevance - You can object to the relevance of evidence if you think a piece of evidence
or something a witness is saying has nothing to do with the case or it is not important in
determining who should win in court.
11. Argument - When the person asking cross-examination questions begins to argue with
the witness, known as “badgering the witness,” then the other party can object to the
questioning as argumentative.
12. Speculation - To testify, a witness needs to know a fact to be true. Witnesses are called to
testify about facts rather than opinions.
13. Vague - a question is when it is difficult or impossible to tell what the question is about.
13

14. Hearsay - someone who tries to prove the truth of something by repeating what they
heard from someone else.
15. Gavel - a small ceremonial mallet that a judge uses to bring order in the courtroom.
16. Hearing - is the formal examination of a case (civil or criminal) before a judge.
17. Contract- a binding agreement that is enforceable by law.
18. Sue- institute legal proceedings against; file a suit against.
19. Interrogation- an instance of questioning.
20. Malpractice- professional wrongdoings that result in injury or damage.

REFERENCES

Boncea, I. (2014). Hedging Patterns Used as Mitigation and Politeness Strategies. Annals of the
University of Craiova. Series: Philology, 2, 7-23.

Brown, P., & Levinson, S. С. (1987). Politeness: Some universals in Language use. Cambridge,
UK: Cambridge University Press.

Conor K., Kathleen A C., Paige M. P. (2024). Content and Language Integrated Learning in
South America, 67-82.

David Crystal. 2004: The Language Revolution. Cambridge: Polity Press Elizabeth Black. 2006.
Pragmatic Stylistics. Edinburgh University Press.

Geoffrey N. Leech, Mick Short. 1981: Style in Fiction: A Linguistic Introduction to English
Fictional Prose. Published by Pearson Longman

Nicholas Coupland: Style: Language Variation and Identity,2007. Cambridge. CAMBRIDGE


UNIVERSITY PRESS

Paul Butler,.2008. OUT OF STYLE; Reanimating Stylistic Study in Composition and Rhetoric.
UTAH STATE UNIVERSITY PRESS, Logan, Utah

Peter Tiersma, The Nature of Legal Language, http://www.languageandlaw.org/NATURE.HTM]


Richard Bradford. 1997. Stylistics; published by Routledge.
14

Smith, J. K. (2017). Legal English: An introduction to the legal language and culture of the
United States (2nd ed.). Routledge.

Yadugiri MA, Bhasker G. (2005). English for Law. Foundation Books;

Level 7 Assessment criteria 1 © The University of Law Limited https://www.studocu.com/en-


gb/document/university-of-law/criminal-law/marking

SUBMITTED BY:

Manny P. Alaiden

Riza Jean S. Ansan

Rachel I. Ferolin

Karyl Kee A. Resente

Junielyn G. Saripa

You might also like