Lawyers and legalese can be daunting for people new to the mysterious world of legal matters. For a start, lawyers have their own meanings for everyday words, which can make understanding legal documents challenging for non-lawyers.
Ironically, what appears as a straightforward phrase to an average person might hold a distinct legal definition, that only lawyers know. Such language is confusing, yet legalese apparently ensures fairness within our justice system for everyone.
Moreover, lawyers often use Latin phrases in their work. For example, “subpoena” and “pro bono” are terms commonly used in the legal world, but are not part of everyday language.
This makes it difficult for non-lawyers to understand what’s being said. It’s no wonder that people can feel intimidated by lawyers and legalese – it’s almost like learning a whole new language!
When we define something, we’re essentially trying to capture the essence of what it is. Or what it means. This can involve identifying key characteristics or features that help us differentiate one thing from another.
Definitions can be formal or informal, and can take different forms depending on the context and purpose.
In philosophy, definitions can be an important tool for clarifying concepts and making arguments. And in science, definitions help us categorise and classify things based on their properties and relationships.
While in everyday life, definitions help us communicate effectively, ensuring that we’re all using words and phrases in the same way.
In short, definitions are a crucial part of how we understand and talk about the world around us. They play a key role in many different areas of human thought and activity.
Definitions, Lawyers and Legalese
For instance, let’s take “person.”
A person can be defined as an individual human being who is unique in terms of their thoughts, feelings, and experiences. They have the ability to reason, communicate, and make decisions. And they are considered to be the central subject of moral and legal consideration.
Yet the lawyers and legalese definition of “person” can vary depending on the jurisdiction and context. In some cases, a legal “person” includes entities like corporations. Or even animals, in certain situations.
So the definition of “person” in a legal sense can be influenced by philosophical, ethical, and practical considerations.
Now you may ask what is the definition of the word “definition”?
The word “definition” can be defined as a statement that explains the meaning of a term, word, or concept. It typically provides a clear and concise explanation of what something is or what it means. Often by using other words or phrases to describe it.
For example, take the definition of the word “dog.” “Dog” might be “a domesticated mammal typically kept as a pet; has four legs, fur, and a tail.”
But how do we know what is the “correct” definition of a word?
Well, it can depend on a variety of factors, including:
- Context: The meaning of a word can change depending on the context in which it’s used.
- Usage: Words evolve over time, and their definitions can change based on how people actually use them.
- Authority: Dictionaries, encyclopedias, and other reference materials can provide authoritative definitions based on common usage and expert analysis.
- Clarity: A good definition should be clear, concise, and easy to understand.
Correct Legalese
The “correct” definition of a word is one that accurately reflects its meaning and usage in a particular context.
Sometimes this is a matter of debate or interpretation. Careful analysis and consideration of these factors help us arrive at a definition that’s as accurate and useful as possible.
How do we know the “correct” definition of a word accurately reflects its meaning and usage in a particular context?
We can determine whether a definition accurately reflects the meaning and usage of a word by:
- Consistency: The definition should be consistent with how the word is actually used in practice. If a definition is inconsistent with common usage, it may be inaccurate or misleading.
- Precision: The definition should be precise and specific enough to capture the nuances of the word’s meaning. If it’s too broad or vague, it may not accurately reflect how the word is used in different contexts.
- Agreement: Ideally, there should be widespread agreement among experts and users about the meaning of a word. If there are significant disagreements or ambiguities, it may be a sign that the definition needs to be refined or clarified.
In lawyers and legalese contexts, words and phrases have very specific definitions that may differ from their common usage. Lawyers may claim this is done to ensure clarity and precision in legal documents and arguments.
Yet lawyers and legalese phrases can also lead to confusion and ambiguity if the legal definition is not clearly communicated or understood.
In some cases, lawyers and legalese may be intentionally broad or vague in order to provide flexibility or accommodate different interpretations.
This can also create uncertainty and making the true meaning or intent of a particular law or regulation difficult to determine…
Pray In Court
So while legal definitions are important for ensuring consistency and clarity in the legal system, they introduce their own set of challenges and complexities.
For instance, lawyers may use the word “pray” in court, but do they actually pray?
In lawyers and legalese context, the word “pray” in court, they are typically referring to a formal request or petition.
For example, a lawyer might say “I pray the court to grant my client’s motion,” which simply means that they’re asking the court to rule in their client’s favour.
So while the word “pray” may carry religious connotations in other contexts, it has a more technical and legalistic meaning when used in a court of law.
The use of the word “pray” in legal contexts actually dates back to medieval England, where the legal system was heavily influenced by the church. And many of the terms and practices used in modern law, such as the concept of a jury trial, have their roots in ecclesiastical law.
Over time, these terms and practices became integrated into the common law system and were adopted by other countries with English legal traditions, including the United States.
In other words, it’s just the way things have always been done… Even if the original religious connotations are no longer relevant or widely understood.
In legal contexts, it’s common for specific words and phrases to have very precise and technical meanings that may not be immediately obvious to non-lawyers.
Understanding Lawyers and Legalese
So, if lawyers and courts have their own “secret meanings” of commonly used words – where can we find out the definitions they use? Do they write them on all their documents so that ordinary people can see these definitions?
There are a number of resources available for understanding lawyers and legalese terminology. These can include legal dictionaries, which are designed to provide clear and concise definitions of legal terms. Also case law and legal treatises can provide more detailed explanations of how specific words and phrases are used and interpreted in practice.
In many cases, legal documents will also include definitions of key terms, either in the document itself or in a separate glossary or appendix. The intention is to help ensure that all parties involved in a legal proceeding have a clear understanding of meanings. And intent of the language used in the document.
The use of specialised legal terminology and definitions can create confusion or ambiguity. Particularly for those who are not familiar with the legal system.
Which raises the question: If lawyers and legalese have their own secret definitions, in what way are lawyers not being deceptive and misleading in their paperwork?
Lawyers claim the purpose of legal language is not to deceive or mislead. But rather, to ensure precision and clarity in legal documents and proceedings.
Many legal rules and conventions are specifically designed to prevent misunderstandings and ensure that all parties are on the same page.
Lawyers Language
How can lawyers and legalese have definitions that aren’t the same as common usage?
Some reasons why lawyers and legalese can still be precise and clear while using definitions that differ from common usage include:
- Consistency: Specific legal definitions across different cases and contexts, ensure words and phrases are understood in the same way by all parties involved.
- Precision: Lawyers claim legal language is often highly technical and specific. So this allows for a greater degree of precision and detail than might be possible with everyday language.
- Contextualization: In many cases, the meaning of a legal term will be made clear by the context in which it’s used. For example, a contract may define a specific term and then use that term consistently throughout the document.
Let’s just review that claim: “Legal language is often highly technical and specific.” Yet lawyers use the word “pray” when they’re not praying, but just asking for something.
That seems pretty misleading and confusing.
Here’s a lawyer-type answer: The use of the word “pray” in legal contexts can certainly seem confusing or misleading to someone who is not familiar with the specific legal meaning of the term.
And now we get a contradiction:
“It’s important to remember legal language isn’t always designed for clarity to the public. Rather, it’s designed for precision and consistency within the legal system itself. This sometimes lead to language that seems confusing or counter-intuitive from an outsider’s perspective.”
Does this suggest legal language is a secret language? Do they use legalese within legal-land to hoodwink innocent members of the public who do not have understanding of their “secret” language?
A language of definitions created by lawyers, for lawyers, so they can lie and steal and cheat the public?
Legal language that’s confusing and difficult to understand for non-lawyers?
Until Lawyers Show Up
Many people have valid concerns about the potential for injustice or inequality within the legal system. They demand a more transparent and accessible legal system that works for everyone, not just lawyers.
A good starting point is to simplify and clarify legal language. What about other measures to improve public understanding of legal concepts and processes?
The subject of Law isn’t complex – until lawyers show up.
Over 4000 years ago, God gives Moses 10 commandments (laws).
2000 years later, Jesus gives us two simple Commandments (laws) which cover all ten laws God gives Moses.
Lawyers show up and say, “No, what He was really saying is, it’s okay to kill unborn children, but don’t murder your neighbour.”
Without lawyers, do you think we’d have a simple life?
Thanks to lawyers, laws and legal systems have become increasingly complex over time. God covered every law, which can be summed up as “Respect”.
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- Don’t kill.(Respect life)
- Do not commit adultery.(Respect others)
- Thou shall not steal.(Respect property)
- Do not bear false testimony (Do not lie).
- Don’t be envious of (and demand) other people’s stuff. (Being greedy)
- And don’t worship false gods -like social media, pop/movie/sports/stars, etc. (Respect our creator)
Simple.
Yet is appears that people don’t like simple. Is that because they want to lie, cheat and steal and get away with it?
God gives us all basic moral principles such as honesty, respect for others, and refraining from causing harm. These are fundamental and easy to be observed by everyone, including legal professionals.
Upholding the Legal System
The UK Post Office case shows how legal professionals misuse power and authority, causing harm to innocent individuals.
Okay, not all lawyers are dishonest or corrupt. So it’s probably just a coincidence that one of UK’s largest corporations hire a bunch of law firms… And none of the lawyers remember anything, admit to anything, or take responsibility for anything.
All while demanding big fat fees.
Many lawyers are committed to justice, fairness, and ethical behaviour.. And they work hard to uphold the principles of the legal system.
Yes they do. They work hard to uphold the principles of the legal system.
Do they uphold the principles of the legal system to protect themselves from lying, cheating and stealing?
A system that the lawyers themselves create… So they have to protect it at all costs?
If that includes having secret meaning for common usage words, will they do that too?
The legal system’s far from perfect, so there’s always room for improvement and reform.
However, dismissing all lawyers as inherently corrupt or self-serving isn’t a productive approach to addressing these issues.
Instead, we should focus on identifying specific problems within the legal system.
Such as making lawyers fully disclose (in correct order) where their priorities are:
- The Courts
- Their Law Firm
- Themselves (protecting their own job)
- The Client/s, to extract as much money as the lawyers can?
And when the client runs out of money, the lawyers ditch them. (Or take a holiday to UK from Australia having fleeced their client, while achieving no results for them!)
But let’s avoid making broad generalisations about an entire profession.
Some lawyers take their ethical obligations seriously. They work hard to provide quality legal services to their clients while claiming to uphold principles of justice and fairness.
Who makes laws?
Laws are made by legislators.
Many politicians have a legal background. Lawyers are involved in the process of making and interpreting laws. The law-making process involves many stakeholders beyond lawyers, including advocacy groups, and members of the public.
The legal system isn’t solely created and maintained by lawyers. It’s enforced by police and prosecutors. Interpreted by judges. They all play a role in ensuring that the legal system serves the interests of “justice”.
Whatever that means.
Lawyers Ethics
Lawyers are bound by professional codes of ethics… But try finding a lawyer who is willing to sue another lawyer… This can create conflicts of interest or professional complications.
Because they are all in the same “secret” club”. Serving the profession, serving their firm, looking after themselves, while fleecing the public.
However, this doesn’t mean lawyers are above the law or immune from accountability. But they’re quick to circle the wagons… Try reporting lawyers to the law society, or legal services board…
Lawyers control the regulatory authorities…
There’s no transparency and accountability within the legal profession… If you don’t believe that, ask them for definitions of “transparency and accountability.”
The fox is guarding the hen house.
Some lawyers make the laws. Other lawyers enforce the laws. And then lawyers judge their own laws.
So it’s no surprise that lawyers always protect themselves and each other.
It’s like asking the schoolyard bully if he’s been beating up any other kids:
“Oh, not me! I don’t beat up kids!”
When people get into trouble – who do they go to?
Lawyers!
So why would the people they are ultimately accountable to, and institutions they serve… Argue with lawyers?
Of course, lawyers may play an important role in these organisations. But they are not the only players, and they are subject to oversight and accountability from a variety of sources.
Who selects elected officials and tells the public who they can vote for? Would that be lawyers?
Let’s not forget, that in the world of commerce EVERYTHING is contract. All laws – created by lawyers and legalese.
Illusion Of Justice
It’s a beautiful deceptive illusion of justice.
“No Law Or Fact Shall Be Tried In Court”
It’s a lawyers secret, claims DWM.
Courts are adversarial in nature. Lawyers focus on winning cases for their clients. So does this mean that courts are completely divorced from truth or fact?
Lawyers would have us believe that rules of evidence and procedure in courts are designed to ensure that only relevant and reliable evidence is presented.
And that both sides have an opportunity to present their case.
Seems that often judges and magistrates forget …
Of course, the legal system isn’t perfect. And there are many examples of cases where the truth may not have been fully revealed or justice may not have been served.
The legal system is designed to give the appearance of being a fair and impartial forum for resolving disputes and upholding the rule of law.
While legal language can be complex and technical, it is ultimately subject to interpretation and analysis by judges, and other legal professionals.
There’s also specialised legal knowledge or strategies that are not widely known outside the legal profession.
Court proceedings are generally open to the public, except when they aren’t.
And some legal decisions are published and available for public review.
While others that show Courts, Banks, and Governments in a bad light, seem to be “unavailable.”
As usual – take this all with a pinch of salt. Do your own research. And if you have to, seek advice, “from a professional.”
Whatever that means!
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