Legal language is an English term first used in 1914[12] for legal writing that is very difficult for laymen to read and understand, implying that this absconnity is intentional to exclude legally untrained people and justify high fees. Legal language as a term has been adopted in other languages. [13] [14] Legal language is characterized by long sentences, numerous amending clauses, complex vocabulary, great abstraction and an insensitivity to the layman`s need to understand the essence of the document. Legal language is most common in legal writing, but appears in both types of legal analysis. Supra (Latin for “above”) is an academic and legal citation signal used when an author wants to refer a reader to a previously cited authority. For example, an author wishing to refer to a source in his third footnote would quote: See footnote 3 above. Or for the text of this note: See above, text of footnote 3. Recently, a variety of tools have been developed to allow authors to automate essential parts of legal drafting. For example, transactional lawyers can use automated tools to review certain formalities when drafting, and there are tools that help litigants check citations and citations against legal authority for motions and briefs. [5] Assessing public needs and expectations is crucial in determining the degree of formality of a legal document. For example, an appeal brief before the highest court of a jurisdiction requires a formal style – this demonstrates reasonable respect for the court and the legal issue in question.
A cross-service legal note to a supervisor may probably be less formal – but unfamiliar – because it is an internal decision-making tool rather than a court document. And an email message to a friend and client updating the status of a legal case is informally. Persuasive writing is the most stylized rhetorically. Thus, although a procedural document clarifies the legal issues, describes the authorities, and applies authority to the matter – as does a memorandum – the part of the procedural document relating to the application is formulated as an argument. The author argues for an approach to resolving the legal issue and does not present a neutral analysis. In this example, the second quote refers the reader to page 862 of the magazine in which Legatzke`s article appears. Use from above should be done carefully and only when the user fully understands its use, as it could be very confusing for readers if not used appropriately. These characteristics tend to formalize legal drafting. This formality can take the form of long sentences, complex constructions, archaic and hyperformal vocabulary, and a focus on content to the exclusion of readers` needs. Some of this formality in legal drafting is necessary and desirable, given the importance of certain legal documents and the seriousness of the circumstances in which certain legal documents are used. But not all the formalities of the legal letter are justified.
To the extent that formality leads to opacity and inaccuracy, it is not desirable. To the extent that formality interferes with the reader`s understanding, it is less desirable. In particular, if the legal content is to be conveyed to non-lawyers, formality should give way to clear communication. Drafting legal documents such as contracts is different because, unlike most other categories of legal drafting, it is common to use language and clauses derived from form books, legal opinions, and other documents without attribution. Lawyers use standard documents when drafting documents such as contracts, wills, and judgments. The main difference between using sentences or paragraphs from other legal documents and copying them in other contexts or copying the entire document is that lawyers do use a common set of clauses that they adapt and modify for their own purposes. [9] Legal writing distinguishes into two broad categories: (i) legal analysis and (ii) legal writing. Legal analytics has two components: (1) predictive analytics and (2) persuasive analytics. In the United States, students are required to study legal writing at most law schools; Courses include: (1) predictive analytics, i.e. a predictable memorandum (positive or negative) of a particular action for the lawyer`s client; and (2) persuasive analysis, such as movements and briefings. Although not as prevalent in law schools, there are legal design courses; Other types of legal writing focus on appellate writing or the interdisciplinary aspects of persuasion.
Legal texts create binding legal texts. It includes enacted laws such as laws, rules and regulations; contracts (private and public); personal legal documents such as wills and trusts; and public legal documents such as notices and instructions. Legal writing does not require a legal citation and is usually written without a stylized voice. Legal writing relies heavily on authority. In most legal writings, the author must support claims and statements with authoritative quotations. This is achieved through a unique and complex citation system that is different from that used in any other kind of writing. The standard methods for American legal citation are defined by two competing rulebooks: the ALWD Citation Manual: A Professional System of Citation and the Bluebook: A Uniform System of Citation. Various methods can be used in the United States and other countries. [3] [4] Many U.S. law schools teach legal writing in a way that recognizes the inherent technical complexity of law and the justified formality that complexity often requires, but with an emphasis on clarity, simplicity, and candor.
Yet many practicing lawyers facing deadlines and heavy workloads often resort to a hyperformal, outdated, and template-based writing style in analytical and transactional documents. This is understandable, but it sometimes unfortunately perpetuates an unnecessarily formal style of legal writing. I`ve seen “Supra” in a number of legal documents, but I`m not sure what that means or where it`s used. (Sooh-prah) Latin for “above”, in pleadings and decisions, it refers to the citation of a previously mentioned court decision. Thus, when a case is first cited, it is called Guinn v. United States, (1915) 238 U.S.