Lesson 9.2: Legal English and Reading the Law

Introduction

Welcome to Lesson 9.2 of Foundation Law! In this lesson, we are going to explore the fascinating world of Legal English and how to read the law effectively. By understanding the special vocabulary of the law and how to interpret various legal texts, you will develop essential skills that are necessary for success in legal studies.

Learning Objectives:

By the end of this lesson, students will be able to:

• Understand the special vocabulary of the law, including Latin maxims, terms of art, and legalese.
• Read a statute, identifying sections, subsections, schedules, and definitions.
• Interpret a law report, focusing on citation, headnote, judgment, ratio, and disposition.
• Write a case note and a case brief.
• Read for the legal point and avoid common comprehension errors.

The Special Vocabulary of the Law

Legal English has its own unique vocabulary, filled with terms that can be difficult to understand at first. Here are some key components:

Latin Maxims

Latin maxims are often used in legal writing. Here are a few important ones:

• Actus reus: The physical act of committing a crime.
• Mens rea: The mental state or intent behind committing a crime.
• Stare decisis: The principle of adhering to precedents in legal cases.

Understanding these maxims helps you grasp fundamental legal concepts. For instance, when a breach of contract is discussed, it is important to determine the actus reus, or the actions that led to the breach.

Terms of Art and Legalese

Terms of art are specific legal terminology used in the profession. For example, "plaintiff" refers to the person who brings a case against another in court, while "defendant" refers to the person being accused. Legalese, on the other hand, refers to the formal and technical language often found in legal documents. This can make reading the law challenging for newcomers.

How to Read a Statute

Reading statutes effectively is crucial for any law student. Here are some steps to consider:

1. Identify Sections and Subsections

Statutes are divided into sections and subsections for easier navigation. For example, you might see something like:

Section 1: General Provisions
    Subsection (a): This defines...
    Subsection (b): This outlines...

Understanding how these are organized enables you to locate information quickly.

2. Look at Schedules and Definitions

Many statutes include schedules and definitions that provide additional context. For example:

Schedule 1: List of offenses
Definition: "Property" means...

Always take the time to check these sections, as they often clarify terms used in the statute.

How to Read a Law Report

Law reports are published accounts of court decisions. They follow a specific structure:

1. Citation

The citation of a case gives you vital information about where to find it. For example, "R v. Brown [1993] 2 All ER 75" refers to a specific case and its publication details.

2. Headnote

The headnote summarizes the key points of the case. It provides a quick overview of the legal issues at stake.

3. Judgment

This part contains the judge's decision and reasoning. It's crucial to understand how the law was applied in the case.

4. Ratio Decidendi

This term refers to the legal principle that forms the basis of the judgment. It's essential to grasp this to understand the case's impact on future legal decisions.

5. Disposition

The disposition outlines what the court ordered. Did the court dismiss the case, uphold a previous decision, or impose a penalty? This information is key for understanding the outcome.

Writing a Case Note and a Case Brief

Now that you understand how to read the law, let’s discuss how to summarize your findings in a case note or case brief:

Case Note

A case note captures the essential elements of a decision, including:

• Citation: The reference to the case.
• Facts: The background information relevant to the case.
• Issues: The legal questions the court was addressing.
• Decision: The outcome of the case.

Case Brief

A case brief is similar but focuses more on the application of law:

• Title & Citation: Provide the name and citation of the case.
• Facts: Briefly summarize relevant details.
• Legal Principles: Highlight the legal principles discussed in the judgment.
• Conclusion: What can be learned from this case?

Reading for the Legal Point

When you read legal texts, it's vital to focus on the legal point rather than every detail. Here are tips to improve your comprehension:

• Identify Key Terms: Look for important terms and legal principles.
• Summarize Paragraphs: Write brief summaries of each section to ensure understanding.
• Question and Answer: Formulate questions about what you read and answer them to reinforce learning.

Common comprehension errors include concentrating too much on jargon or failing to connect legal principles to real-world examples. Practicing active reading strategies will help avoid these pitfalls.

Conclusion

In this lesson, students explored the foundations of Legal English and learned how to read and interpret various legal texts, from statutes to law reports. Mastering these skills is essential for anyone pursuing law, as it lays the groundwork for effective legal writing and critical thinking in the legal field.

Study Notes

• Legal English includes specific vocabulary, such as Latin maxims and legalese.
• Statutes are structured with sections, subsections, schedules, and definitions.
• Law reports have a citation, headnote, judgment, ratio decidendi, and disposition.
• Writing a case note includes citation, facts, issues, and decisions.
• Focus on key terms and summarize information to read more effectively and avoid comprehension errors.