Language and the Law Flashcards
What is forensic linguistics?
Link between language and the law in all forms
List modern systems
Codes of law, police service, court, prison service
List contemporary legal systems
Common law Roman law Shariah law Customary law Criminal vs civil trials
Issues of forensic discourse?
Legal process of proof not truth
Declatory definitions vs ordinary meanings
Ignorance of laws is no defence
Example of problem of declamatory definitions vs ordinary meanings
New Zealand
Day old chicken - 72 hours or less
Tiersmal 1999 consistency and conservatism outline
Persistence of archaic language
Standard language in transcript (little attempt to represent non standard)
Specialist language so lawyers show same mentality
What are some legal language registers?
Specialist terms -plaintiff
Connectives - forwith
Latin - affidavit
Two disadvantages of courtroom?
Institutional roles
Discourse issues
Problems of institutional roles?
Judges (seconds and third)
Witness (names)
Problem of discourse issues?
Cross examination
Dialect variation
Cross cultural issues
Problem with examining children?
Lawyers abuse language barrier