CHAPTER 1 AN EXPANDED DEFINITION OF THE
It was not
LANGUAGE OF THE LAW
1. What it includes
The language of the law is the customary
language used by lawyers in these common law
jurisdictions, where English is the official
language. It includes distinctive words,
meanings, phrases, and modes of expression. It
also includes certain mannerisms of
composition not exclusive with the profession
but prevalent enough to have formed a fixed
association.
2. Choice of terminology
The language of the law is a convenient label for
a speech pattern with a separate identity. Law
language is sometimes used as law words.
Theses expressions are preferred to legal
parlance, legal English and legal language for
the reason that legal is so frequently and
properly used to mean lawful as to cause
confusion at the outset. Legal lingo, legal argon
and legalese are rejected on the additional
grounds of being too sweepingly opprobrious
and also too narrow. There objections apply
equally to legalistic jargon and argot of the law.
Swifts acid phrase was a peculiar Cant and
Jargon of their own, that no other Mortal can
understand. Bentham had a bag of phrases,
applied with uncomplimentary impartiality: law
jargon, law cant, lawyers language, flash
language. Opposed to these is the language of
jurisprudence, dignified but confining. The
language of the law partakes of some of the
essence of all of these diverse characterizations.
3. The official language: English in England
The speech of lawyers is conditioned not alone
by the law, but also by the prevailing language
of their environment. It is the coincidence of
dominant common law and dominant English
that forms the setting for the language of the
law.
In Englandthe most ancient common law
jurisdictionEnglish is the official language.
Today that has a tautological ring.
always so. The history of the emergence of
English is traced in Part Two.
Customary usage alone could suffice to make
English official for England. Yet definition has
not been left completely to chance utterance.
Legislation on the subject spans seven
centuries. Most of these laws have been
repealed. Two status survive. One expressly
requires Crown writs and incidental papers to
be in English. The other requires non-British
sailors on British ships to have knowledge of
English.
4. The official language: English in the United States
generally
English is also the official language in the most
populous of common law jurisdiction, the
United States. Special situations exist in
Louisiana and New Mexico. In all other states
the tradition of English usage has been
reinforced by a host of constitutional or
statutory provisions. In one or more
jurisdictions, English is the language of statutes,
public documents, courts, process, teaching,
textbooks, legal newspapers, legal notices,
recording, public meetings.
The federal government joins in. An
understanding of the English language is a
condition of naturalization. English is the court
and statute language of the District of
Columbia.
5. The official language: Is it American in Illinois?
6. The official language: Variations
Throughout the American domain there are
legal acknowledgments of the fact of
multilingual origins. For example, though
English is the official language of instruction,
special provision is made for instruction in
Hawaiian, Italian and Portuguese and Spanish.
Yet these are passing nods of courtesy
compared to the situation elsewhere.
 tongue that distinguished lawyer and non-
English was made official and in certain respects lawyer. The chief characteristics of the language
this remains so today. English is the official of the law are these:
school language, the language of articles of (1) Frequent use of common words with
incorporation, and legal notices, a qualification uncommon meanings
for civil jurors and jury commissioners. A (2) Frequent use of Old English and Middle
sentence must be recorded in English. English words once in common use, but
now rare
7. Language of the law not English (3) Frequent use of Latin words and phrases
The great mass of the language used by lawyers (4) Use of Old French and Anglo-Norman words
is ordinary English. Reciprocally, certain items of which have not been taken into the general
the language of the law, e.g. habeas corpus, vocabulary
prima facie, plaintiff, defendant, are now (5) Use of terms of art
accepted as English, culprit even invented by (6) Use of argot
the law and abandoned by it to nontechnical (7) Frequent use of formal words
English. An assortment of general English idiom (8) Deliberate use of words and expressions
also tells its tale of a people long accustomed to with flexible meanings
settling their quarrels by litigation. (9) Attempts at extreme precision of
But it is a commonplace that that which gives expression
the language of the law its distinctive flavor is (10)
something other than the Kings or the 9. Frequent use of common words with uncommon
commoners English. Laymen are certain that meanings
law language is not English. Statutes make the Action law suit
distinction official. Alien transfer
On matters of construction, a statute reads: Avoid cancel
Words and phrases shall be construed Covenant sealed contract
according to the common and approved Demise to lease
use of the language. Technical words Demur to file a demurer
and phrases, and those which have Executed signed and delivered
acquired a peculiar and appropriate Instrument legal document
meaning in the law shall be construed Motion formal request for action by a
according to such peculiar and court
appropriate meaning.
When such phraseology is used in a state where 10. Frequent use of Old and Middle English words
English is the official language, the antithesis is once in use but now rare
complete. Old English is the name given to that form of
the English language current in England before
the Norman Conquest and down to about 1100.
CHAPTER 11 CHARACTERISTICS OF THE LANGUAGE Middle English covers the period 1100 to 1500.
OF THE LAW Modern English is said to date from about 1500.
8. The uncommon touch These are useful approximations, and
At what point does the language of the law lose authorities differ on the dates.
contact with the common speech? What are the Aforesaid and forthwith
hallmarks of the language of the law? The Hereafter, herein heretofore, herewith
elements overlap. They are intertwined. They Thence and thenceforth
affect each other. The composite is a specialized
 Thereat, thereby, thereto, theretofore, 15. Frequent use of formal words
therewith Arrested in flagrante delicto
Approach the bench
11. Frequent use of Latin words and phrases The deceased and decedent
Affidavit quorum amicus Comes now the plaintiff
curiae quantum meruit
Alias habeas corpus ex
parte sui generis
Alibi prima facie in pari
delicto res nullius
Bona fide versus et al
Proviso ab initio corpus
delicti

12. Use of French words not in the general vocabulary

Action bill verdict
Agreement claim slander
Appeal condition jurors
Arrests counsel plaintiff
Arson crime defendant
Assault damage felony

13. Use of terms of art

A term of art is a technical word with a specific
meaning. Incomprehensible to laymen and
often to lawyers; May mean one thing for one
purpose and something different for another
Agency Garnishment
Alibi Last clear chance
Appeal Prayer

14. Use of Argot

Argot is sometimes used interchangeably with
cant, jargon and slang, especially of the
underworld sort. It is a specialized vocabulary
that is common to any group; a professional
language; stands as an independent
classification of law phraseology insufficiently
technical or specific to qualify as a term of art.
Alleged prescriptive right
raise an issue Alter ego
process cause of action
Damages pursuant to stipulation
set down for hearing Matter
without prejudice time is of the essence