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48 votes

Is "legalese" a thing in languages other than English?

Germany definitely has a legal jargon that is sufficiently distinct from standard German that a foreigner with decent skill in standard German will have trouble understanding what a legal text ...
quarague's user avatar
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48 votes

Is "Innocent until proven guilty" merely a cliche used in legal dramas?

"Innocent until proven guilty" or "innocent until proved guilty" can be found in English in, among others: The Universal Declaration of Human Rights, article 11: "Everyone ...
Lag's user avatar
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32 votes

Is "legalese" a thing in languages other than English?

In france, legal texts are written in "everyday" French, although the legal vocabulary may not be known to non-specialists. However, for some reason (tradition, I guess), court judgements ...
breversa's user avatar
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30 votes

What is the significance of “moral turpitude”?

In many states, conviction (or a guilty plea) to a crime of moral turpitude is automatic disbarment. At a minimum, these lawyers would face hearings and their licenses, and livelihoods, would be at ...
Andrew Lazarus's user avatar
30 votes

Is "Innocent until proven guilty" merely a cliche used in legal dramas?

Innocent until proven Guilty is more than a stock phrase Trials happen all the time. In most Western societies and legal systems, trials start by setting out the rules. By restating the rules, again ...
Trish's user avatar
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24 votes

Is "legalese" a thing in languages other than English?

The Islamic legal system, Shari`ah, is similar to common law in having special legal terms. For instance, a legal duty may be farīḍah, mustaḥabb, mubāḥ, makrūh or ḥarām. Legal authorities ...
user6726's user avatar
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21 votes

Is "Innocent until proven guilty" merely a cliche used in legal dramas?

The comment which sparked this question was in relation to how the phrase is used in that question, specifically: Does that mean “innocent until proven guilty” is to be taken literally? Even though ...
Greendrake's user avatar
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20 votes

What do people mean when they say "This Court"?

"This Court" refers to the institution whose jurisdiction is being exercised by the judge(s) writing, no matter the judge or location, or to refer to the particular judicial institution ...
Jen's user avatar
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17 votes

Is "legalese" a thing in languages other than English?

A single data point, Bulgarian: Like in English, but more diverse. In addition to the normal Bulgarian lexical content and grammar, legal text also contain: Archaic Bulgarian words in places where a ...
fraxinus's user avatar
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16 votes

Is "legalese" a thing in languages other than English?

Sweden has its own version of it, called myndighetssvenska (approx. "authority Swedish"), but in recent years, the government has been actively encouraging more ordinary Swedish in ...
Tengil's user avatar
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14 votes

Is "legalese" a thing in languages other than English?

Speaking for all countries/languages: yes. What you call "legalese" is just the - as professionals in Computer Science would call it - domain-specific language of law professionals. Many, ...
AnoE's user avatar
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14 votes

What do people mean when they say "This Court"?

What exactly do they mean by "this court"? The judge(s) hearing the case will eventually release a decision. It will look something like this. At the top of the decision there will be the ...
Greendrake's user avatar
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13 votes
Accepted

Difference between "dismissed with prejudice" vs. "res judicata"?

Res judicata (also called "claim preclusion") prevents relitigation of a dispute that was previously litigated or could have been been litigated in a case that was actually filed that was ...
ohwilleke's user avatar
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13 votes

Is privilege often misused to mean confidential?

The terms confidential and privileged are not interchangeable, but they have closely related meanings that pertain to secrets. Both terms are, indeed, often misused when the other term would be the ...
ohwilleke's user avatar
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13 votes

Is "Innocent until proven guilty" merely a cliche used in legal dramas?

The phrase "Innocent until proven guilty" is not relegated to "cliche for legal dramas." It and related phrases are used ubiquitously, sometimes in conjunction with a notion of a ...
Jen's user avatar
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12 votes

Is "legalese" a thing in languages other than English?

In Italy, the concept is described by an Italian word with the exact same spelling: https://www.treccani.it/enciclopedia/tag/legalese/ The word is pronounced according italian orthographic rule, and ...
pinpon's user avatar
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11 votes

Why is POA associated (at least etymologically) with attorneys, rather than with solicitors or proctors?

Because "attorney" is the name of the entity who is assigned the powers to act for the donor. Therefore, the assignment or relationship is called a "power of attorney." The person ...
Jen's user avatar
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11 votes
Accepted

Why is POA associated (at least etymologically) with attorneys, rather than with solicitors or proctors?

The question seems to assume that the phrase "power of attorney" arose by analogy with the legal profession, that is, that it means "power to act as a lawyer." In fact, as noted ...
phoog's user avatar
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10 votes
Accepted

What is the origin of the term “court” as a reference to the judicial institution?

Does the legal usage of the word court as in a court of law derive from the idea of a royal court, as an expression of the idea that the original courts of law were ultimately simple vehicles for the ...
phoog's user avatar
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10 votes

Is there a term for making something that is legal but could be used illegally?

Yes, it's called "manufacturing". Many companies manufacture guns, knives, hammers, screwdrivers, rope, computers, phones, software, etc. and they are completely legal products, while being ...
Michael Hall's user avatar
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9 votes

Is "legalese" a thing in languages other than English?

As a student in China, I once read one of China's law codes in the original Chinese. I wouldn't call the language used in that document "legalese"; it was standard, modern Mandarin, but ...
Alex D's user avatar
  • 191
9 votes

How is “R v. Smith” pronounced?

It varies. See Wikipedia: Case citation - Pronunciation of case titles: "When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee.&...
Jen's user avatar
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8 votes

Is "legalese" a thing in languages other than English?

In denmark we have the term "kancellisprog" which means something like Verbose language with long sentences and intricate sentence structure known especially from legal and administrative ...
JoSSte's user avatar
  • 271
8 votes

Is "legalese" a thing in languages other than English?

In brazil we have juridiquês, marked by the usage of excessive legal jargon, Latin, older words that nobody uses in everyday conversation and long sentences. But it's pretty much a thing for older ...
Renan's user avatar
  • 201
8 votes

What's it called when a law is created that just confirms a lesser known law that already exists?

There's errors on so many levels - let's try to clear some up! The 28 Day Shuffle - What is the law? An exercise in legal research! Consider this scenario. In California hotel tenants are arguing ...
Trish's user avatar
  • 40.7k
7 votes

Legal definition of a "child" in the United States

canada The term "child" is expressly defined for various offences. For example, for s. 172: child means a person who is or appears to be under the age of eighteen years. The offence of &...
Jen's user avatar
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7 votes

How is “R v. Smith” pronounced?

australia The Crown against Smith v is “and” in civil trials and “against” in criminal ones However, language changes and “v”, “versus”, and “against” are all variously acceptable depending on the age ...
Dale M's user avatar
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7 votes

What is a “legal code,” and is the British statute book one?

A legal code is a systemic collection of statutes A legal code or code of law is a collection of various statutes on a topic (for example, criminal law, or environmental law), which organises and ...
Dale M's user avatar
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6 votes
Accepted

Why is the Crown Court called the Crown Court?

Because prosecutions on indictment are commenced in the name of the Crown (“R”) in respect of crimes which were historically regarded as offences against the monarch. The law relating to these crimes ...
sjy's user avatar
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6 votes

Meaning of devil's advocate

A "devil's advocate" is someone who makes an argument that is contrary to the interests that the person who is making the argument is supposed to uphold, as a tool for testing the strength ...
ohwilleke's user avatar
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