LANGUAGE OF LAW Flashcards
review
Translation of Salus populi est suprema lex
“the welfare of the people shall be the supreme law”
Latin phrase of “the welfare of the people shall be the supreme law”
Salus populi est suprema lex
Salus populi est suprema lex can be found in the book named __writted by ___
De Legibus and Cicero
Translation of Dura lex sed lex
“The law is hard, but law.”
The phrase originated as a principle of canon law (church law) by Bishop ___ . It is a maxim of Roman civil law meaning that, when the law is clear, there is no other recourse but to apply and enforce it regardless of its perceived harshness
Dura lex Sed lex, Bishop Buchard of Worms
Translation of Mandamus
we command
It is a type of writ issued by the higher courts of superior jurisdiction to compel the performance of an inferior government official to fulfill his duties properly
Mandamus
Translation of Centiorari
to be more fully informed.
It is a type of writ of a higher court to a lower court to send all the documents in a case it so the higher court can review the lower court’s decision.
Certiorari
Translation of sub poena duces tecum
"”under threat of penalty or punishment, you will bring it with you.”
compliance in sub poena duces tecum can be in the form of (2 answers)
sending records via e-mail, or providing the records at a specified date without an in-person
appearance if arranged in advance.
It is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition. The subpoena should describe the item requested with sufficient particularity to enable one to produce the document or item.
sub poena duces tecum
It is a writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be
punishable as ___. It should give the date, time, and location where the person is supposed to appear. It should also specify which ___
subpoena ad testificandum, a contempt of court, party to the case the person is meant to appear as a witness for.
Translation of Res ipsa loquitur
“the thing speaks for itself.”
Latin phrase of “the thing speaks for itself.”
Res ipsa loquitur
The court can infer negligence from the very nature of an accident or injury in the absence of direct evidence because the circumstances surrounding the case make it obvious that negligence occurred.
Res ipsa loquitur
Translation of Prima facie
“at first sight” or “based on first
impression.”
It is a legal term or a legal claim which is made when the prosecution has enough evidence to proceed with a trial of judgment and to
prove that the defendant is guilty
Prima Facie
Translation of “semper
necessitas probandi incumbit ei qui agit”
“the necessity of proof always lies with the person who lays charges.”
In civil law cases, the burden of proof requires a plaintiff to convince a judge or jury of the plaintiff’s entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover
semper necessitas probandi incumbit ei qui agit”
It is stated that ______ is a tool to interact or tools to communicate, in a sense, means to convey thoughts, ideas, concepts, or even a feeling.
Language
From the view of sociolinguistics, language functions can be viewed from different angles, such as
speakers, listeners, topics, codes, and conversation purpose (Chaer and Agustina, 2004: 15)
Language is a means of communication between members of the community in the form of__
symbols of sound produced by the speech organ.
Through language, we can show our
show our perspective, our understanding of the matter, the origin of the nation and our state, our education level, and even our character.
Enumerate the 6 role of language as a communication tool
1) Language as a tool to interact with others.
2) Language reflects a person’s level of education.
3) Indicates authority.
4) As the force of law.
5) Attract the customer.
6) Indicates a person’s social standing.
Language and law, sometimes referred to as ___, has been defined in a variety of ways, some of which focus on the ___ while others deal with ___
forensic linguistics. language evidence of criminal and civil law cases, statutory language and how it is used in the courtroom
Language and law is considered an area in which the….
research, principles, and methods of the discipline of linguistics are applied to legal contexts that deal with various areas of language and the law
Forensic language deal with various areas of language and the law such as LLOS
Language and the criminal justice system, including police interviews, undercover sting operations, courtroom testimony, and confessions;
language evidence in civil cases such as trademarks, contracts, copyright, discrimination, and product warning labels; and
other legal cases in which language is often the primary evidence, such as authorship analysis and speaker identification.
statutory language, courtroom discourse, translation, and interpretation in multilingual contexts;
3 Nature of Language of the Law
Normative, Performative, and Technical language
Words are not only something we use to say things, we also use them to do things. The ___ use of language is not exclusive to the ___
Performative Nature, not exclusive to law, but law relies heavily on performative utterances.
A type of nature of language that derives from the fact that law has the basic function in society of guiding human behavior and regulating human relations
Normative Nature
A type of nature of language that often operates in a context that makes legal terms have meanings different from those they bear in non-legal contexts of use. (author?)
Technical Nature, Schauer
What are the four most influential approaches to the law.
linguistic, axiological, psychological,and sociological approach.
It perceives the law as a collection of linguistic acts (utterances). Such utterances are called norms or provisions. Also laymen usually understand the law as a ___
Lingusitic approach, system of norms or provisions.
Linguistically oriented legal research distinguishes between two basic types of the legal language:
a language of legal texts (law-making instruments), and a language of legal practice and legal science.
It perceives the law as an expression of values which usually are regarded as prior and independent from the law in their existence. This kind of approach is typical of philosophies of natural law, yet it is not limited to these.
Axiological Approach
The dominant view in ___ was for decades skeptical toward this approach, treating it as a consequence of ___
Polish legal science, philosophical idealism
a philosophical standpoint that affirms the objective existence of values and other non-material beings.
Idealism
It conceives of the law as a social phenomenon. According to this approach, the law might be understood as e.g. ___-
Sociological Approach , acts of social agents (social practices), social relations or social institutions
Sociological Approach is typical of so called ___ and is related to a to the distinction between ____(which is a matter of interest of linguistic approach) and____(how the law ‘works’ in the social reality).
legal realism, distinction between ‘law in books’ and ‘law in action’
This is used in a general sense to refer to any interface between language and law, thus including analysis of the language used within the legal system.
Forensic Language
What is the more widely accepted, and arguably more accurate, meaning of forensic language
the use of linguistic evidence in the judicial process, usually in the form of expert evidence from a linguist.
