Lesson 22 :Legal Language

Lesson 22

Legal Language

1. amicus curiae: a friend of the court; a lawyer or layman who advises the court on a legal matter

2. arson: the crime of setting fire to property in order to collect insurance

3. barrister: lawyer in England. A barrister practices at the bar, or court of justice.

4. embezzle: to steal money that was entrusted to your care.

5. extradition: turning over a fugitive from one jurisdiction to another. The root of the word is the Latin trachtio (“the act of handing over”)

6. habeas corpus: a court order requiring that a prisoner be produced to determine the legality of his imprisonment; a procedure that lawyers use to get clients out of illegal detention. In Latin it means “to have the body.”

7. immaterial: without substance; unimportant

8. incarcerate: to jail; confine

9. indeterminate: having inexact limits; indefinite

10. larceny: theft. Grand larceny involves theft in excess of a fixed sum, whereas petty larceny refers to a less consequential theft.

11. litigious: quarrelsome; given to carrying on lawsuits

12. miscreant: villain; criminal; evil person. The original meaning was “unbeliever” or “heretic.” From there it was easy to jump to “villain”

13. perpetrator: a person who commits an offense

14. plagiarism: passing off someone else’s writings or ideas as your own. The Latin word for kidnaper is plagiarus

15. probation: a period of testing or trial. This refers to a suspension of sentence on the condition that the convicted person demonstrates good behavior in order to stay out of jail.

Exercises

I. Which Word Comes to Mind?

In each of the following, read the statement, then circle the word that comes to mind.

1. A prominent psychiatrist offers to help out in a court case

                                                (perpetrator, larceny, amicus curiae)

2. The fire marshal suspects foul play

                                                (probation, arson, immaterial)

3. Detectives fly across the border to bring back a suspect

                                                (indeterminate, extradition, habeas corpus)

4. A scholar suggests that Shakespeare was not especially original

                                                (plagiarism, incarcerate, miscreant)

5. The crooked bank manager fears the day when his books will be audited

                                                (litigious, embezzle, barrister)

6. Sal was sentenced to five to ten years in jail

                                                (probation, indeterminate, larceny)

7. The teacher quickly recognized that Gary’s report was beyond his capacity

                                                (larceny, immaterial, plagiarism)

8. The jury found the defendant guilty as charged

                                                (barrister, litigious, miscreant)

9. The bank officer suddenly acquired unexplainable wealth

                                                (litigious, embezzle, incarcerate)

10. Enid made a proposal that had no connection to the problem

                                                (immaterial, probation, extradition)

II. True or False?

In the space provided, indicate whether each statement is true or false.

____ 1. Burning down a building is an act of larceny.

____ 2. Litigious people provide a good income for lawyers

____ 3. An alert lawyer can use a write of habeas corpus to keep his client out of jail before charges are brought against him.

____ 4. When you embezzle funds you misuse money that has been entrusted to you.

____ 5. That which is immaterial is usually critical in any court case.

____ 6. A miscreant is likely to be involved in grand larceny

____ 7. Probation is an investigative procedure to determine if a crime has been committed

____ 8. A perpetrator is someone who betrays his country

____ 9. A barrister would likely be familiar with court procedure

____ 10. A person guilty of arson could sometimes be charged with murder.

III. Fill in the Blank

Insert one of the new words in the proper space in each sentence below

1. Anyone who believes “there is a little ___________ in everyone’s heart” is merely trying to rationalize his own failing.

2. The rigorous _____________ period was intended to discourage unsuitable applicants

3. Murder was added to the ________________ change when the firemen discovered a body in the burned out structure

4. The terrorist sought refuge in a country where he believed he would be free from _____________.

5. ____________ may not be punishable by a prison sentence but it can cost a pretty penny and ruin a reputation.

6. The unexpected appearance of a(n) ________________ gave the prosecution the impetus to follow through to a guilty verdict.

7. The British _____________ may sound more sophisticated but he is in reality the same as a U.S. lawyer

8. Paul, ever the romantic, told Peggy she was guilty of ________________ for she had stolen his heart.

9. It is hard to believe that the club treasurer would _______________ the money entrusted to him.

10. The police collared the ______________ but lacked witnesses or evidence to get an indictment.

IV.What’s the Antonym?

Which of the new words is most nearly opposite in meaning to the one provided?

1. important                             ____________________

2. release                                 ____________________

3. forgiving                             ____________________

4. precise                                 ____________________

5. paragon                               ____________________

6. reimburse                             ____________________

7. benefactor                           ____________________

8. easy-going                           ____________________

9. definite                                ____________________

10. liberate                              ____________________

Legal Language:Lesson 14

Lesson 14:

Legal Language

1. adjudicate: to hear and settle a case by judicial procedure. A transitive verb, adjudicate means to settle the rights of the parties in a court case. As an intransitive verb, it means simply to act as a judge

2. appellate: having the power to hear appeals and to reverse lower court decisions. An appellant is the one who appeals from a judicial decision or decree. An appellee is one against whom an appeal is taken.

3. collusion: a secret agreement for a deceitful or fraudulent purpose; conspiracy. Though the word has a serious connotation today, it is derived from the Latin ludere (“to play”), and ludus (“game”). A collusion often implies an attempt to defraud a person of his rights by the forms of law.

4. deposition: testimony under oath, especially a written statement by a witness for use in court in his or her absence. In ordinary usage, deposition refers to the act of depriving of authority, or the placing or laying down, as of a sediment or precipitation.

5. equity: something that is just, impartial, and fair; the value of a business or property in excess of any claim against it; justice applied in circumstances not covered by law.

6. exhume: to dig out of the earth; disinter; reveal. From the Latin humus (“ground’).

7. incommunicado: without the means or right of communication with others, as one held in solitary confinement.

8. intestate: having made no valid will; one who dies without legal will.

9. ipso facto: by the fact itself; by the very fact.

10. lien: the right to take and hold or sell the property of a debtor as security or payment for a debt; mortgage. The word is related to the Latin ligare (“to blind”) indicating that certain possessions are bound or tied to the payment of the debt.

11. litigation: legal action or process. A person who will sue at the drop of a hat, a handkerchief, or a word is said to be litigious.

12. perjury: the deliberate, willful giving of false, misleading, or incomplete testimony by a witness under oath in a criminal proceeding.

13. pettifogger: a petty, quibbling, unscrupulous lawyer; a shyster. Shyster comes form the American lawyer Scheuster, who in 1840 was rebuked in court for his objectionable practices. Pettifogger, similarly, is derived from the pettiness of the Fuggers, a sixteenth-century German family of financiers and merchants.

14. tort: any wrongful act not involving breach of contract for which a civil suit can be brought. The Latin tortum (“twisted”), is related to torque, a twisting force, and torture.

15.tribunal: a seat or court of justice. The tribune was the Roman official chosen by the plebeians (commoners) to protect their rights against the patricians (wealthy class)

Exercises

Which word comes to Mind?

In each of the following, read the statement, then circle the word that comes to mind.

1. No evidence of a will was found

                                                            (equity, intestate, litigation)

2. Any statement made now can be held against you

                                                            (deposition, tort, ipso facto)

3. If we do not get satisfaction here, we will take this case to a higher court.

                                                            (collusion, tribunal, appellate)

4. The witness has told only half the story in court

                                                            (adjudicate, perjury, exhume)

5. Lie low till the furor subsides

                                                            (incommunicado, pettifogger, lien)

6. The basketball players all agreed to lose the game

                                                            (equity, collusion, perjury)

7. Fido’s remains were dug up and buried elsewhere

                                                            (exhume, ipso facto, adjudicate)

8. Debts had to be paid before we could acquire the house

                                                            (lien, incommunicado, tribunal)

9. He conspire to get me fired

                                                            (exhume, appellate, tort)

10. In and out of court regularly

                                                            (collusion, litigation, equity)

II. True or False?

In the space provided, indicate whether each statement is true or false

____ 1. A collusion is an intellectual c lash between two strong lawyers.

____ 2. An adjudicated settlement is one made out of court.

____ 3. Torts involve an injury or damage done without breach of contract.

____ 4. A pettifogger is overly concerned with trifles.

____ 5. Ipso facto refers to facts, like axioms, that are universally accepted.

____ 6. We turned to the appellate division to get justice.

____ 7. A deposition is related to a proposition.

____ 8. The government’s witness was held incommunicado.

____ 9. Because he died intestate, no surgery was required.

____ 10. Different American Indian families belong ot special tribunals.

III. Fill in the Blank

Insert one of the new words in the proper space in each sentence below.

1. It would take a Solomon to ________________ the difficult child custody case.

2. There were contradictions between David’s recent testimony and his earlier ____________.

3. We were greatly relieved when the court lifted the _______________ against the sale of our home.

4. Some people sue at the drop of a hat but most prefer to avoid ________________.

5. When both stores offered the exact sale prices, we began to suspect _________________ between the managements.

6. I am searching for __________________, not an unfair advantage.

7. The suspected spy was held ________________ for 48 hours.

8. As an eighteenth-century revolutionary __________________, the French nobleman was found guilty.

9. Although he was cautioned about committing ________________, the witness continued to lie.

10. Since my uncle died __________________, the family has spent a fortune trying ot get its hands on the bulk of his estate.

IV. What’s the Antonym?

Which of the new words is most nearly opposite in meaning to the one provided?

1. bury                         _________________

2. truth                                    _________________

3. partiality                  _________________

4. accessible                _________________

5. legal act                   _________________