If you drafted a will, you'll have appointed someone to be your executor: the person who handles the process of resolving your financial matters, including the payoff of any debt (known in
legalese as probate).
One helpful articulation of the American doctrine can be seen in California Standard Civil Jury Instruction No. 2334, which can be paraphrased from the American
legalese as follows, for ease of reading:
Not exact matches
You know
as well
as I do that the phrase «reasonable suspicion» is a carte blanche term of
legalese which allows the police to prevent photography - like the film clip we're discussing - to be shown in public or even made in the first place..
The legal woes between Samsung and Apple are producing daily news, if you're curious
as to what's going on, we'll fill you in so you won't need to sit through any
legalese.
For those not versed in
legalese (or, more precisely, Publisher - ese) standard contract terms can range from «complex» to «might
as well be written in Sanskrit.»
The
Legalese A life insurance policy with a critical illness rider will pay out a lump - sum benefit to the insured if they are diagnosed with a covered critical condition (such
as cancer, stroke, or a coma).
Often I would review a complex prospectus to find out a big negative: amid all of the
legalese, the bonds were
as secure, or more so than the senior unsecured of the main obligor.
As she waded through a stream of
legalese in search of permission from the rights holders (a corporation), she came to the following conclusion: «The rights holders weren't actually getting more money because of the copyright; what they were getting was the power to suppress art, to suppress communication.»
Once the
legalese and diplomatic jargon was translated, the new normal — which every business and politician needs to accept — was declared unequivocally that business -
as - usual can not and will not go on.
Traditional
legalese and redundant terms (such
as «free and clear,» «null and void,» or «due and payable») are being stripped out while navigation - friendly paragraph titles and tables of contents are being added.
After reading 1,000 cases
as a first year law student — most of which were written in the stuffiest, densest
legalese imaginable — my writing started to morph into what I was seeing everyday: passive voice, unnecessary Latin phrases, way - too - long sentences, etc..
Attainable
as it might be, however, many attorneys continue to eschew these goals in favor of complex «
legalese,» to borrow an apt, though not entirely accurate, phrase from the popular vernacular.
So, for example, even if a superior repeatedly points out to the person that he should ditch the here - and - there words and other forms of
legalese (
as The Lawyerist's Andy Mergendahl has advised here), or that nominalizations and buried verbs should be reworked into active voice, or that Enclosed please find (PDF) is silly and should be stricken from all correspondence, a month or two later the superior will see these legal - writing foibles in a letter, memorandum, or, worse, a brief filed with a court.
As a lawyer, you think in
legalese, and if you can't think in plain English during a jury trial, you are in trouble.
What the Canadian Copyright Act offers in
legalese, the Statute of Anne 1710, generally regarded
as the first copyright act in the English - speaking world, affords in eloquence, beginning with its subtitle, «An act for the encouragement of learning, by vesting the copies of printed books in the authors or purchasers of such copies.»
Some general guidelines to keep in mind include avoiding
legalese, writing at a level commensurate with your target audience, and trying (
as hard
as it may be) to keep things interesting.
The result,
as with so much
legalese, is confusion.
And when lawyers try to tell a story using
legalese, it's
as though they are trying to tell Star Wars like this:
Gary M. Feldman was recognized in the Labor & Employment area (Band 3), and is noted by clients
as a «very meticulous» attorney who is «direct in his guidance, doesn't use
legalese and has a great practice.»
It questioned the use of «pursuant to»
as legalese and suggested «under» instead.
In addition to time and cost, individuals in this situation often point to the lack of availability and inconvenience when it comes to accessing these services,
legalese and a desire for independence
as to why they go it alone.
I recommend reading the full judgment for anyone advancing an ICBC pain and suffering claim for headaches
as the issues are succinct in this case and it does not get bogged down in
legalese.
We always do our best to put clients at ease and explain everything
as thoroughly
as possible, without «
legalese.»
He considers himself a foot soldier in the War on
Legalese (also known
as the War Without End).
Whether or not one treats the majority opinion's public forum analysis of social networks
as «dicta» (which is
legalese for «stuff in an opinion I don't like so I don't consider binding»), all 8 Supreme Court justices agreed that subscribers have a First Amendment right to access information and speak online, and that the government can not prohibit a person from accessing content that has nothing to do with preventing repeat offenses — even when the repeat offense is child molestation, and the evidence arguably supported that child molesters were particularly prone to repetition.
But we are having a trouble, I think, moving from that
legalese into something that is compelling
as a story, something that will grab the reader.
For example, Kenneth Chestek found that judges, law clerks, and practicing lawyers rated sample briefs with strong narrative components
as more persuasive than sample briefs without strong narrative components.13 Sean Flammer found that judges rated sample briefs
as more persuasive when they were written in plain language rather than in
legalese.14 Similarly, Robert Benson and Joan Kessler found that appellate judges and their law clerks preferred briefs written in plain language rather than in
legalese.15 Finally, Joseph Kimble and Steve Harrington found that judges and attorneys preferred plain language over
legalese.16 These studies, however, measure only the judges» and lawyers» stated preferences for particular styles of writing.
I suppose it adds to the apparent legitimacy of the action for it to be expressed in such archaic
legalese («gee, I guess he's really the President, he's sounding like the other Presidents»), but
as a matter of pure -LRB-?)
One might think that writing everything
as code, rather than natural - language
legalese, would be a burden.
The focus of the paragraph was on the power to designate virtually anywhere
as a public work, and the part about holding a vote was an aside and my attempt to explain regulatory power without resorting to the kind of
legalese I complained about in the preceding paragraph.
It's sort of the
legalese of your policy; don't know what «The Contract» is
as it applies to statements throughout your policy?
As for the rogue employee theory, this also seems unlikely because it is hard to imagine the average sales person having both advanced computing skills and the familiarity with
legalese to draft a paragraph of boilerplate.
One might even be tempted to interpret Kobayashi's latest statements
as simple
legalese for: «Don't blame me.»
Not only is a PSA written in that intimidating language known
as «
legalese», but many spouses who receive such a «premature» Property Settlement Agreement do not understand that it is only a draft and that their comments are welcome.