General English vs Legal English 2

Transcript:

Hello!

Here is part 2 of General English vs Legal English.

As mentioned in Part 1, Legal English often differs from general English in the meanings and the plural forms of some words. Here are a few key concepts which you should be aware of.

7. Child vs. Children vs. Issue

General English:

Child means a single offspring (prole); children is the plural..

“Susan has one child while John has two children“.
“The child was playing in the garden“.
“The children were playing in the garden“.

Legal English:

Issue refers to all direct descendants (discendenti diretti), e.g., children, grandchildren. Please note that issue is usually treated as uncountable when referring to issue as a group or class, so we say

“The issue of the deceased is entitled to the estate (asse ereditario)“.
“If no issue exists, the estate passes to the next of kin (parente più prossimo)“.

However, when emphasising individual descendants rather than the group as a whole, it can take a plural verb in legal contexts:

“The issue are listed as beneficiaries in the will“.

8. Document vs. Instrument

General English:

Document refers to any written or printed material.

“The document is on the table“.
“Please sign this document before submitting it“.

Legal English:

Instrument refers to a legal document that creates or alters rights.

“The deed is a formal legal instrument used to transfer ownership“.
“A deed of Sale is an essential legal instrument“.

9. Act vs. Acts

General English:

Act refers to a deed or event.

“Her act of kindness was appreciated“.
“He put on a great act during the play (Ha messo in scena un grande numero durante la recita)“.

Legal English:

Act refers to a statute (norma di legge), and Acts refers to multiple laws.

“The Privacy Act protects personal data“.
“The Acts of Parliament govern this matter“.

10. Trust vs. Trusts

General English:

Trust refers to confidence or reliance.

“I trust her judgment“.
“Building trust takes time“.

Legal English:

Trust refers to a legal arrangement where property is held for another’s benefit. Trusts refers to multiple such arrangements.

“The property was placed in a trust for the children“.
“The attorney manages several trusts for wealthy clients“.

11. Will vs. Shall

General English:

Will and shall are used to express future intentions, or in conditional sentences.

“I will meet you at the park tomorrow“.
“If I see Tom, I will tell him“.

Legal English:

Shall conveys (trasmette) an obligation or duty, often creating a legally enforceable requirement (requisito legalmente vincolante).
Will is generally not used but may be used to state a future fact or action without imposing a legal duty.

“The tenant (‘inquilino) shall pay the rent on the first of each month“.
“Notice shall be sent to the following address:…“.

12. Consideration

General English:

Consideration means careful thought.

“After much consideration, I accepted the job“.
“The proposal is under consideration”.

Legal English:

Consideration (sinalagma; più o meno controprestazione) refers to something of value exchanged to form a valid contract.

“A contract must include consideration to be enforceable“.
“The buyer’s payment served as consideration for the seller’s promise“.

Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.

---

See more about countable and uncountable nouns here: “Grammar and Mechanics – Using Countable and Uncountable Nounss” (.PDF).