Mastering Legalese: The Basics of Legal Terminology Classes

An Overview of Legal Terminology

For any student or practitioner of law, mastering the terminology is arguably the most important part of studying or practicing law. The language used in the legal community is not the same as the one used in other fields, even other business fields. It’s a specialized language that incorporates concepts and terms that are exclusive to the legal practice.
By and large, legal language is derived from well-established, common language, but it has to be vastly more precise. When you are creating a contract or a lease, for example, it’s imperative that the underlying meaning is as clear as possible. Anything ambiguous like saying "forever" instead of "30 years from today," could eventually be subject to challenge down the road.
That’s why almost all legal documents start out with a preamble that defines the essential terms of the agreement. If you want your language to be unambiguous, it’s vital to be precise.
In most cases, legal language is exceedingly formal when compared to other forms of writing. A great deal of this has to do with the fact that precision is key in the legal world. In order to achieve that precision, lawyers have to consciously use language in a way that precludes ambiguity.
Just because legal language is more formal than other forms of writing, however, doesn’t mean that it isn’t malleable . The truth is that legal writing can actually be broken down into a number of different categories. In fact, legal writing itself can be subdivided into three categories. Depending on how you choose to look at it, you can break it down into:
When you think of legal writing, you’re probably aware that some legalese is necessary. Reading contracts, terms of service or privacy policies, for example, requires some familiarity with legalese if you want to fully understand them. But depending on the situation, you also want some familiarity with common usage.
Are you talking to a judge? To a jury? Are you developing a Key Performance Index (KPI) for billing the client? Are you delivering a closing statement? The language that you use will differ depending on who you’re talking to. For example, you wouldn’t use the same language in a legal filing that you would use in a business document.
A good example of different types of legal writing is the difference between a pleadings case and a case brief. A pleadings case is written for the judge. It tends to be formal to the point of being excessively pedantic, with a rigid structure and virtually no information above and beyond what’s directly relevant to the case. A case brief, on the other hand, is written for other lawyers. This means that it tends to be much less formal and more stylist reader-friendly.

Legal Terminology 101: What to Look for in a Class

While programs differ in their approach, the typical legal terminology class will cover three core areas: legal definitions, Latin terms and the language of contracts and litigation.
Legal Definitions
The legal profession has developed its own terminologies relating to everything from substantive law to units of time to preliminary legal procedures. An attorney must be fluent in this language to communicate clearly with judges, clients and adversaries. Program modules will typically include specialized terminology for substantive areas of law such as corporate, family, criminal and intellectual property, as well as the language of statutory construction, statutes of limitations, federal rules, motions, torts, substantive versus procedural law, discovery and depositions, complaints and answers, stipulations and subpoenas, pleadings and more.
Latin Terms
Many legal terms of art also have Latin roots, and it is vitally important for an attorney to be familiar with these expressions to communicate professionally and successfully. Latin terms commonly taught in these programs include et al (et alia), frequently found at the end of legal documents and briefs, meaning "and others;" prima facie, meaning "on the face of it;" in re, meaning "in the matter of," often used in captions for bankruptcy cases; and means test, short for "bankruptcy means test," a financial assessment to determine an individual’s ability to pay debts and qualify for discharge. Commonly taught Latin phrases have legal meanings that range from the personal to the contractual to the procedural in nature. For example, inter partes means "between the parties" and is used to describe a proceeding before the court; de novo translates to "from the beginning" and refers to a new approach to a matter that has been appealed; per diem means "per day" and refers to compensation on a daily basis; quid pro quo translates to "something for something;" respondent’s superior means "let the master answer," and is the principle that an employer may be liable for employees’ unlawful acts; res ipsa loquitur means "the thing speaks for itself;" stare decisis translates to "to stand by the thing decided" and refers to the principle of precedent in most common law systems; and ex parte translates to "by or for one party."
Language of the Written and Oral Contract
Legal terminology classes will also typically teach skills for preparing contracts in writing and for oral presentation. Critical concepts include how to state consideration; define and apply words such as "shall," "hereinafter" and "thereafter;" how to interpret basic contract terms; how to differentiate between express and implied duties; how to use tort and contract remedies; and how to prepare for deposition. Other important areas addressed are the rules of evidence, the hierarchy of contracts, conditions, clauses and warranties; indemnification; waiver and severability; right of rescission; representations and warranties; force majeure; consideration; notice; breach and specific performance; assignment of rights; defaults and remedies; and confidentiality.

Why Studying Legal Terminology is Important

For legal professionals, having a clear understanding of legal terminology is essential to their day-to-day activities. This is particularly true for those who communicate regularly with clients or those in the legal industry. The legal field is filled with a vast amount of highly complex information and many forms of communication are filled with and based upon legal terminology. Those who have a clear understanding of legal terminology are able to better take part in legal discourse. Whether it’s providing clients the information that they need about their cases, filing and submitting legal documents in accordance with legal protocol, and/or performing extensive research related to legal proceedings, a clear understanding of legal terminology can make all of the difference in the world.
A clear understanding of legal terminology can also help you to better comprehend and understand any and all legal texts that you might come across. From personal and/or physical injury books and manuals to biographies of lawyers and politicians to court decisions of any type, reading anything that contains complex legal terminology can be exceedingly difficult to do without a clear understanding of the terminology itself. With an understanding of legal terminology, you will be able to read and comprehend any legal text like a true legal professional.
In addition to all of the above, a clear understanding of legal terminology is essential for those who are looking to work in the legal field. Today’s legal professionals must regularly interact with lawyers, litigants, judges and juries and must be able to do so with a clear understanding of legal terminology. This is particularly true for personal injury lawyers, social security disability lawyers, real estate attorneys and those who are considering a career in the legal profession at any level. In fact, having a clear understanding of legal terminology can often mean the difference between hiring and being hired.

Who Should Consider a Course in Legal Terminology?

While we have touched on this in previous blog articles, it is very important to determine beforehand who can benefit from learning about legal terminology. If you are a paralegal, for instance, you may benefit from legal terminology coverage because not only will you learn about legal terminology and the correct use of words in legal writing, but also about legal terminology as used in documents. The same is true for legal secretaries. If you are an administrative assistant , you will learn the same about legal terminology, but your position might sway you towards learning more about legal terminology as used in business correspondence. And, if you are a law student, you will learn even more about legal terminology as it is used in either general correspondence or legal writing. In any case, pinpointing exactly who needs legal terminology training can be an essential first step in training.

How to Excel in a Legal Terminology Course

When tackling the challenge of mastering legal terminology, students can benefit from several practical strategies: Become familiar with basic legal dictionaries and resources. While not all legal terms have universally accepted definitions, a foundational understanding of the terminology used in the legal world can help students piece together the meanings of other terms. Students can also better understand the structure of the legal system by familiarizing themselves with the language and terminology used to describe roles within the courts. Understanding basic terms and hierarchy will help students avoid confusion and facilitate their studies. Practice with real-world cases and examples. Some legal terminology courses assign real world case studies to students to evaluate terminology in context. Students will benefit from seeking out landmark cases and exploring them for terminology and meaning, examining key terms and definitions in context. Some legal terminology courses provide students with a case or scenario, and ask them to explore, define, and apply legal terminology in the described context. This is another valuable exercise to complete while taking a course. Engage with your peers. From posting to a class forum to chatting with fellow students after class, students are encouraged to take advantage of the knowledge and insights of their peers. Peers can be a valuable resource when learning legal terminology or any other subject; they may offer advice and suggestions that the instructor might not think to offer. In any aspect of academic life, students can benefit from being proactive about their studies and reaching out to their peers for help.

Learning More About Legal Terminology

For those who are interested in diving deeper into the study of legal jargon, there are a variety of resources available. There are a number of dictionaries and glossaries of legal terminology that can help with understanding the meanings and uses of legal terms, such as Black’s Law Dictionary, the American Heritage Dictionary of Law, and Barron’s Law Dictionary. Books on plain language writing and legal writing, such as Plain Language Legal Writing: How to Develop Clear, Precise Legal Documents, 2nd ed. by Joseph Kimble, and Legal Writing in Plain English: A Glossary (Chicago Guides to Writing, Editing, and Style) by Bryan A. Garner, can assist in learning how to communicate legal concepts plainly and clearly. Several online courses , such as Coursera and Udemy, offer legal writing courses that cover legal concepts and terminology, while the American Bar Association’s Professional Education site offers online self-study courses on a range of legal topics, including legal writing. For additional in-depth legal terminology resources, Legal Talk Network, an online legal media hub, offers several podcasts such as the Legal Talk Network’s Lawyer 2 Lawyer and Cleveland-Marshall College of Law’s Case Closed, that can provide insight into the meanings and uses of copious legal terms. As always, Legal Language Services is here to assist you with any legal terminology needs you may have, especially those which require certified interpretation or translation.