Legal Words Used in Legal Drafting – The Notion of Legal Language

The language used in the field of law is different. Most lawyers now usually use simple language. But in order to improve their drafting skills they must konw legal words. The use of legal words in legal drafting enhanses clearity and completeness.

These legal word used in legal drafting make it self explainatory. Each time lawyer files a suit or makes a document relating to contracts, these legal words comes in handy.

Legal drafting is a technique which is used by the lawyers, judges and lagislatures to express the legal righ and duties. It is also used by the lawyers to initiate a suit on behalf of their client.

Legal Word Used in Legal Drafting

Expedient – To Prioritize, to rush

Cavil – Argument by which a conclusion evidently false, is drawn from a     principle evidently true.

Elusive – Difficult to find, catch or achieve.

Scuffle – a short, confused fight or struggle at close quarters.

Credential – a qualification, achievement, quality, or aspect of a person‘s background, especially when used to indicate their suitability for something.

Oblivious – Aware.

Accustomed – Customary; usual.

Treacherous – Guilty of or involving betrayal.

Erudite – learned.

Accentuating – More noticeable.

Crescendo – Progressive increase in intensity.

Tedious –Too long, slow or dull.

Dreadful – involving great suffering.

Enigma – Mysterious or difficult to understand.

Skeptical – Doubtful.

Sardonic – grimly mocking or cynical.

Habeas corpus – a prerogative writ to a person who detains another in custody and which commands him to produce or ‘ have the body of that person before him ‘

Mesne – middle, intervening or tame by nature.

Per se – by itself

Nocumentum – an annoying, unpleasant or obnoxious thing or practice.

Non obstante – notwithstanding

Prima facie – on the face of it.

Aequitas – Equity i.e. fair or just according to natural law.

Bona fide – in good faith.

Certiorari – a writ of a superior court calling forth the records and entire proceedings of an inferior court or a writ by which causes are removed from an inferior court into a superior court.

Obiter dictum – an incidental and collateral opinion uttered by a judge while delivering a judgement and which is not binding.

Pari material – on the same material.

Pendent lite – during the process of litigation.

Supra – above.

Status quo – the state in which the things are, or were.

Volkogeist – general awareness of the people.

Res judicata – a case or suit already decided.

RE – in the matter of.

Ratio Legis – according to spirit of law

Scienter – knowledge; an allegation in a pleading that the thing has been done knowingly.

Ex gratia –as an act of grace or favor.

In rem – an act, proceeding or right available against the world at large, as opposed to in personam.

Noscitur a socits – a word known by its associates, i.e. the meaning of a word cab be gathered from the context.

Res sub judicata – a matter under judicial consideration.

Ad hoc – created or done for a particular purpose as necessary.

Pertinent – Relevant or applicable to a particular matter, apposite.

Curative petition – question arises whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition

Erect –rigidly upright or straight.

Advent – arrival of a notable person or thing.

Submergence – to cover; bury.

Vicinity –the area near or surrounding a particular place.

Detention –the act of detaining someone or the state of being in official custody.

Rebuttable – an instance of rebutting evidence or an accusation.

Preclude – prevent from happening; make impossible.

Discrepancy – an illogical or surprising lack of compatibility or similarity between two or more facts.

Superannuation – pension paid to a retired employee who has contributed to a superannuation fund.

Ordinance – An authoritative order

Promulgation – to make known by open declaration; publish; proclaim formally or put into operation.

Consortium – the right of association and companionship with one’s husband or wife

Averred – allege as a fact in support of a plea

Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.

Plenary – unqualified, absolute

Impugned – dispute the truth, validity or honesty of (a statement or motive); call into question.

Prejudiced – harm or injury that results or may result from some action or judgement.

Legal Luminary – a person who inspires or influences others, especially one prominent in a particular sphere.

Plagiarized – the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Evacuee – A person evacuated from a place of danger.

Demarcate – Set the boundaries or limits of.

Unfettered – not confined or restricted

Discernible – able to be discerned; perceptible.

Arenas – a place or scene of activity, debate, or conflict.

Transgression – An act that goes against a law, or code of conduct; an offence.

Construed – interpret in a particular way.

Consonance – Agreement or compatibility, between opinions or actions.

Retrospectively – looking back.

Dissuade – persuade not to take a particular course of action.

Rationale – set of reasons.

Embezzlement – Theft or misappropriation of funds placed in one’s trust or belongings to one’s employer.

Perished – die, especially in a violent or sudden way.

Inter alia – among other things

Arbitration – the Must of an arbitrator to settle a dispute

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