Decoding the Labyrinth: Exploring the complexities of Legal Jargon
This article is written by Manaswini Vakulabharanam of 3/5, pursuing B.A.LL.B from
Pendekanti Law College, Hyderabad.
Introduction:
Minority is no defense under law of torts and a minor is liable in the same manner and to the
same extent as an adult for tort committed by him. On the other hand, a minor is incompetent to
a contract, his agreement being void ab initio no action can be brought against him. Under
criminal law a child below seven years of age cannot be held liable for an offence as he is
presumed to be doli incapax. Wait! Are you confused, tearing your hair out, because you have
no idea what tort, void ab initio, or doli incapax mean. Though frustrating it is not unique this
shows how legal jargon can create a formidable barrier for the ordinary people to understand the
legal system. It serves as a reminder that the language of law should not be a privilege for a
select few, but a tool accessible to all.
This article intends to discuss the complexities and challenges associated with legal jargon
within the context of legal system.
Law and Language:
Language is a vehicle of thoughts and expressions. Language itself manifests the
advancement of civilization because it is through which the “law” flows. Law is nothing but a
codified common sense. Like language, law too symbolizes the scientific and civilized society.
Law is a unique social science that evolved out of the civilized living, tested in the laboratory
of the society and applied in the courts of law. The consequences of application of law are felt
by the whole system. The experience helps further evolution of law and new things are learnt
from their mistakes. With changing trends of living, law continues to develop and with it the
language of law. Language can be a useful source of law or become a basis for controversy.
The language of law as explained in a classroom need not be similar to the language used in
courtroom. The terms and expressions used in the law books, judgments and law lectures differ
from each other owing to the context and the purpose. But there is an imperative need to use the
proper and appropriate language in any kind of communication concerned concerned with law.
Because any inappropriate expression gives rise to unintended meanings that may cause injustice
to system and the parties’ involved.
Every subject of knowledge has its own jargon of language, communicating a specific
meaning of its own. The terminology of a particular topic denotes a particular meaning and also
reminds the context of the subject. Various political philosophies and different sciences are
expressed and explained in their ‘own’ languages. There are several languages within one
language depending on the aspects that are dealt with. Without proper understanding of an
expression it is difficult to derive the appropriate inference and apply it to practical connotations.
In law, it is much more important. The communication gap reflects on the lack of sufficient
command over the language and results in serious consequences including war, domestic
disturbance, misunderstanding with friends and problems in place of work.
Origin of Legal Language:
Before we further move into Legal Jargon, it is very important that we know the history of
Legal Language, many people are confused between the terms legal language and legal jargon,
though the words are interchangeable, they are different, Legal Jargon is the subset of Legal
Language.
Legal Language was highly influenced by Latin and French in 1066. The main reason behind
the influence of Latin and French was an invasion of England by Norman, because of this
invasion, Anglo-Norman French become the official language of England. For the period of
nearly 300 years this became the language of legal proceedings i.e. words from (Anglo-Norman)
included property, estate, chattel, lease, tenants, and executors. From 1066 Latin was the
language of formal records and statutes but it was not the language of legal proceedings and
debate. The statute of pleading of 1366 states that “All legal proceedings should be in English
but recorded in Latin”. The use of French in pleadings continued till 17th century in some areas
of law, the influence of Latin may be seen in following words like, ad hoc, De facto, De jure,
Inter alia, ultra vires, and many others.
English was adopted as legal language in documents from time to time i.e. Wills begun to be
written in English until 1400, statutes were written in Latin until 1300, and other statute were
written in French until 1385, and in English until 1489. According to proceedings in court of
Justice Act, 1730; Latin was replaced by English and because of that some braches of law such
as Commercial Law began to develop entirely in English. During the 15th century lawyers used
Latin, French and English because of the use of these 3 languages there were words emerging
like Wills and testament, Null and void, fit and proper under other many of that kind.
Common Legal Concepts:
There are certain common legal concepts that one should be thorough with. Legal Language
is a hurdle to learn law until it is understood. It’s not just English but the legal expressions in
English and Latin that makes learning law easy. A few Latin terms which explain the legal
concepts:
a. Ad Litem: For the suit
The courts appoint advocates ad litem. Generally as a matter of law, the parties who
have a legal interest in a case will have their own lawyers, but for those who cannot
represent themselves like children or incapacitated adults, court appoints. The idea is a
person should not suffer any disadvantage because he cannot afford a lawyer.
b. Amicus Curie: Friend of the court
Normally the parties have interest in the case. They have something to gain or lose.
There are certain sections of society who are not parties to the case still may feel their
interest also will be affected by proceedings of such a case. If such a non party to a
proceeding has an interest in the case before the court that non- party can ask the court
for permission to file a friend of the court brief. An amicus curiae is a friend of court or
advocate of a general interest. His brief will help the court to resolve the issue keeping in
the view the larger interests other than the parties before it. An amicus brief carries no
formal legal weight, but the brief will help the court to resolve the issue.
c. Certiorari: To be more fully informed
A Writ of Certiorari, sometimes shortened to just “cert”, is most commonly known as
a means to seek review of a case by constitutional courts in India, i.e., High Courts and
Supreme Court. It is a writ a person can seek the court to issue, as per Articles 32 and
226 of Indian Constitution.
d. De Novo: A new
Keeping the proceedings held aside, the court decides to look at the case afresh. That
is called de novo. This tern is usually associated with the standard of judicial review.
When an appellate court reviews a case de novo, the court gives no deference to the
findings of the lower court.
e. Habeas Corpus: That you have the body
It is a very important legal remedy for securing the physical freedom of the persons.
A writ petition is filed seeking a writ of habeas corpus on a matter when someone has
been imprisoned or otherwise detained by the government or police or armed forces or
any other forces. The writ of habeas corpus is directed at the public official that is
holding the person, so if a case name includes the name of a warden or an attorney
general, it is likely a habeas proceeding. It is as important fundamental right made
available under article 226 (Supreme Court) and article 32 (High Court).
f. In camera: In a chamber
Generally the trial is public trial in courts of law, sometimes, exceptionally the
hearing will be ordered to be done and closed chambers, to safeguard privacy of women
or for any other security reason. Especially in trial of rape cases or sexual harassment or
assault on women, the courts may direct proceedings in cameras. If something is to be
reviewed in camera, it will be reviewed in the judge’s chamber away from the other
parties and jury.
g. In re: In the matter of
While the cases are known by the names of the parties sometimes the matter
assumes importance, which are referred in the title, they are called in re. This term is
often used in case names, eg. In re Berubari case
h. Mandamus: We command
This is another constitutional remedy. A writ of mandamus seeks to command a
public official, including a lower court judge, to take a particular action. This can be
used in limited circumstances as an alternative to a direct appeal of a case.
i. Quasi: As if
We generally use this term as prefix. If some act looks like judicial action but it is
technically not a judicial one, it is called ‘a quasi-judicial action’. Its meaning is ‘as if’.
The above are commonly used legal terms in the court rooms during arguments or these terms
can be heard or read in the news. It is a challenge for a person to understand these terms without
prior legal knowledge, and this creates a barrier for the common people to understand legal
jargon.
It is assumed that it is the duty of the people to know the law. The reasons are:
1. The ignorance of law is not excused.
2. Every person has to appear and plead his own case as a rule. Citizen has to be abiding by
the law.
Need for simple and plain English as vehicle of law
There should be simple and clear legal provisions, which can be interpreted and applied
without any difficulty and delay. Whatever may be the language, it should be as straight and
plain as possible. It should be easy for application and assimilation. Complex expressions are
lawyers’ paradise. It may fetch some benefit to a few professionals, but valuable time of the
courts and people is wasted. In the seminar on World Languages in Multilingual context, some
of the eminent speakers pleaded that law being unique social science, its specialty and
professional status has to be protected. True, the specialty has to retain but it should serve the
purpose of building it as a useful science. However it comes to reaching the common citizen, it
should be stepped down to their level with a simple and communicable form so that it helps
resolving his problems and ascertaining his rights.
Common subjects fear the law and law courts mainly because of its mysterious complexity and
foreignness of expression. If foreign system and expressions are used, the citizen has to
investigate the legitimate meaning of those legal expressions in the country where it originated.
Usage of appropriate words and expressions with the knowledge of their possible consequences,
the tone and language are the vehicles of social regulation and reform through law. Language of
law should reflect the genuine intention of law makers and needs of the contemporary society. It
has to be interpreted to achieve the objectives and social justice.
Conclusion:
In conclusion, decoding the labyrinth of legal jargon is essential for promoting transparency,
accessibility, and accountability within the legal system. By demystifying complex legal
terminology and fostering greater legal literacy, we can empower individuals to engage
meaningfully with the law, advocate for their rights, and uphold the principles of justice and
equity.
As legal professionals, educators, and advocates, it is our collective responsibility to bridge the
gap between legal language and everyday understanding, ensuring that the language of law is not
a privilege reserved for a select few, but a tool accessible to all.
In the pursuit of a more just and equitable society, let us continue to explore, unpack, and
demystify the complexities of legal jargon, paving the way for a more inclusive and accessible
legal system for future generations.
References:
1. Legal Language textbook, by Madabhushi Sridahr Acharyulu
2. https://gernertlaw.com/2023/08/29/understanding-legal-jargon/
3. https://mjc.olemiss.edu/wp-content/uploads/sites/134/2020/01/Handbook-of-Legal-
Terminology-2020.pdf
4. Article titled “Genesis of Legal Language” by Karim Gabriel Mussa
