Business English:
Legal terms and phrases, usage in Law Practice
A few of the most common vocabulary for Business English related to Law Practices
abandon an action
n. the act of intentionally and permanently giving up, surrendering, deserting or relinquishing property, premises, a right of way, a ship, contract rights, a spouse and/or children. Abandonment of a spouse means intent at permanent separation, and with children a lengthy period of neither contact nor any support. In maritime law abandonment has a special meaning: when an owner surrenders a ship and its contents to a trustee for the benefit of claimants, particularly after a wreck. If one invents something and does not get a patent but allows others to use the invention or dedicates it to public use, the right to patent is probably abandoned. Confusion arises over abandonment of water rights, mining rights, or rights of way, since mere non-use is not sufficient to show abandonment.
according to law
adjective allowable, allowed, authorized by law, conformable to law, conformable with the law, constitutional, de jure, due, established, in accordance with the law, in compliance, inviolable, law abiding, lawful, legal, legalized, legitimate, licit, proper, rightful, statutory, valid, within the law
arbitration
The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.
arbitration clause
n arbitration clause – a clause in a contract providing for arbitration of disputes arising under the contractarbitration clause – a clause in a contract providing for arbitration of disputes arising under the contract
clause, article – a separate section of a legal document (as a statute or contract or will)
contract – a binding agreement between two or more persons that is enforceable by law
assessment of damage
The Compensatory Principle. The fundamental ‘compensatory principle’ underpins the assessment of damages in contract and tort law in England and Wales. The principle provides that the purpose of an award of damages is to compensate the injured party for loss, rather than to punish the wrongdoer
assignment
An assignment (Latin cessio) is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee.[1] It can also be a transfer of a benefit, including an equitable interest, according to established rules (at Common Law or in Equity).[2] The rights may be vested or contingent.[3] The details of the assignment determines some additional rights and liabilities (or duties).
attorney
Lawyer, as a general synonym
Attorney at law, an official title of lawyers in some jurisdictions
Attorney-in-fact, a holder of a power of attorney who is (though not necessarily a lawyer) able to act on another’s behalf in legal and financial contexts
attorney vs lawyer
The terms attorney and lawyer are often used interchangeably in the United States. There is very little distinction made between the two. This difficulty to differentiate is a result of the fact that in the United States, unlike in other countries, this distinction is not made. However, a slight one does exist.
What Qualifies Someone as a Lawyer?
A lawyer is someone who is learned and trained in law. Yet, they may not actually practice law. They often give legal advice. By attending law school in the United States, one can be considered a lawyer. A student of law must pass the bar exam in their particular jurisdiction in order to practice law by providing legal representation. Otherwise, the opportunities to use their law education are limited.
barrister vs solicitor
Solicitor and barrister have a different meaning, in American and British English.
In British English, they mean:
- Solicitor: a member of the legal profession qualified to deal with conveyancing, the drawing up of wills, and other legal matters.
- Barrister: a lawyer entitled to practice as an advocate, particularly in the higher courts.
In American English, they mean:
- Solicitor: a person who tries to obtain business orders, advertising, etc.; a canvasser; the chief law officer of a city, town, or government department.
Barrister is not used, in American English.
authenticate
To establish the authenticity of; prove genuine
accredit, adduce, affirm, approve, attest, avouch, avow, bear, certify, cite, confirm, corroborate, demonstrate, document, endorse, establish, evidence, guarantee, endorse, notarize, prove, sanction, seal, show, sign, state, substantiate, support, sustain, swear, uphold, vouch, witness
to award a contract
An agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
bankruptcy
Bankruptcy is a legal status of a person or other entity that cannot repay debts to creditors. In most jurisdictions,bankruptcy is imposed by a court order, often initiated by the debtor.
bankruptcy petition
Petition in Bankruptcy. A document filed in a specialized federal court to commence a proceeding to provide a means by which a debtor who is unwilling or financially unable to pay personal debts will satisfy the claims of his or her creditors as they come due. There are two types of petitions in Bankruptcy cases.
bilateral agreement
Bilateral Contract. … The party to a unilateral contract whose performance is sought is not obligated to act, but if he or she does, the party that made the promise is bound to comply with the terms of the agreement. In a bilateral contract both parties are bound by their exchange of promises.
binding
Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. For example, a lease for an apartment is legally binding, because upon signing the document, the lessor and the lessee are agreeing to a number of conditions.
breach of contract / to break an agreement
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance.
to break the law
Break a law. and break the law. to fail to obey a law; to act contrary to a law. Lisa broke the law when she drove the wrong way on a one-way street. If you never break the law, you will never get arrested.
brief
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
cancellation date
The effective date of termination means “the date on which the notice of termination requires the contractor to stop performance under the contract. If the contractor receives the termination notice after the date fixed for termination, then the effective date of termination means the date the contractor receives the notice.
case
statement of the facts in a trial, esp. the argument of one side
case law
Case law is a set of past rulings by tribunals that meet their respective jurisdictions’ rules to be cited as precedent.
certificate
An official or sworn document that formally attests something to be true. Also called certification. A formal document certifying some interest, permission, right, or status granted to its bearer.
to certify
A qualification or attribute meaning to being officially attested or authoritatively confirmed as being genuine or true as represented, or complying or meeting specified requirements or standards. A certificate may or may accompany this qualification.
to cheat – to swindle
Cheat means to defraud or to practice deception. It is a deceitful practice of a public nature, in defrauding another of a known right by some artful device contrary to the plain rules of common honesty.
code
A code of law, also called a law code or legal code, is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification.
come into force
Coming into force or entry into force (also called commencement) refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition.
come to terms
competent court
contract
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement
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