Fundacja Actum

Words Used in Legal Drafting

Note: The grammatical structure of English differs because this article contains legal terms and expressions a colloquial term sometimes used to refer to a litigant. It is a corruption of the Latin expression „in propria persona”. 20. Make the structure of the lists clear and logical. The collection offers spaces that separate the different conditions. The list can help you avoid ambiguity issues caused by the words „and” and „or.” Use the following rules when registering: Procedures for obtaining disclosure of evidence prior to trial. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. The explanations in this guide are not intended to be direct alternatives. While we hope that the statements will prompt lawyers to ensure that they only use legalese when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. 12. Prefer simple words. The government`s letter should be worthy, but it does not need to be pompous.

Writing can be dignified if the language is simple, direct and strong. To make your writing clearer and easier to read, and therefore more effective, prefer the word simple. Legal writing is a technique used by lawyers, judges, and legislators to express legal rights and obligations. It is also used by lawyers to take legal action on behalf of their client. To impose a legal obligation, use „must”. To predict future actions, use „will.” DO NOT SAY: Let the governor approve it. SAY: The governor must approve it. [Commitment] OR: The governor will approve it. [Future actions] 4. Be direct. Speak directly to your readers. Enjoy the imperative mood.

Regulations are suitable for this style, especially procedures, instructions, and to-do lists. The franchise avoids the liability:SAY: Sign all copies. SAY: Attach a copy of your W-2 to your return. This style results in shorter, sharper and easier to understand procedures. 5. Use the present tense. A regulation with continuing effect refers to when you apply it, not when you write it or when it comes into force. For this reason, you should write regulations in the present tense. By drawing in the present tense, you avoid complicated and cumbersome verbal forms. DON`T: The fine for driving without a licence is $10.00.

SAY: The fine for driving without a licence is $10.00. 6. Write positively. If you can express an idea positively or negatively, express it positively. DO NOT SAY: The governor cannot appoint persons other than those qualified by the Human Resources Agency. SAY: The governor must appoint a qualified person by the Human Resources Agency. A negative statement can be clear. Use it when you warn the reader. DON`T WALKDON`T SMOKE But avoid multiple negatives in a sentence.

DON`T SAY: A demonstration project will not be approved until all the requirements of the application are met. SAY: A demonstration project will only be approved if the applicant meets all requirements. It is better to express even a negative in a positive form. Used to refer to something just mentioned The legal authority of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court.

Judges generally „follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Information presented in witness statements or in documents used to convince the investigator (judge or jury) to decide the case in favour of one party or the other. A financial AHR can be used once it has been registered by the Office of the Public Guardian. But a health and wellness LPA can only be used when the person can no longer mind their own business. In civil proceedings, the person or entity against whom the plaintiff brings an action; in criminal proceedings, the person charged with the offence. Legal advice; A term that is also used to refer to lawyers in a case. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. The sale of a debtor`s assets with the proceeds used for the benefit of creditors. 19.

Write short sentences. Readable sentences are simple, active, affirmative and declarative. The more a sentence deviates from this structure, the more difficult it is to understand. Long sentences are a fundamental weakness of legal documents. Legal documents often contain conditions that result in complex sentences with many clauses. The more complex the sentence, the more likely it will be to determine the intended meaning of the sentence. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime.