The Party of the First Part
The Party of the First Part

Author: Adam Freedman

Publisher: Henry Holt and Company

Published: 2008-09-02

Total Pages: 251

ISBN-13: 1466822570

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The Eats, Shoots & Leaves of legalese, this witty narrative journey through the letter of the law offers something for language lovers and legal eagles alike This clever, user-friendly discourse exposes the simple laws lurking behind decorative, unnecessary, and confusing legal language. For better or for worse, the instruction manual for today's world is written by lawyers. Everyone needs to understand this manual-but lawyers persist in writing it in language no one can possibly decipher. Why accuse someone of making "material misstatements of fact," when you could just call them a liar? What's the point of a "last" will and testament if, presumably, every will is your last? Did you know that "law" derives from a Norse term meaning "that which is laid down"? So tell your boss to stop laying down the law-it already is. The debate over Plain vs. Precision English rages on in courtrooms, boardrooms, and, yes, even bedrooms. Here, Adam Freedman explores the origins of legalese, interprets archaic phrasing (witnesseth!), explains obscure and oddly named laws, and disputes the notion that lawyers are any smarter than the rest of us when judged solely on their briefs. (A brief, by the way, is never so.)

The Language of the Law
The Language of the Law

Author: David Mellinkoff

Publisher: Wipf and Stock Publishers

Published: 2004-05-13

Total Pages: 540

ISBN-13: 1725210800

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This is that rare book which both informs and entertains. It is scholarly and sprightly - an unusual combination for any book, let alone one treating of the law. Lawyers and laymen alike can read it with profit and amusement. I hope many do, for it deserves a wide audience. The Honorable Arthur J. Goldberg (1908-1990), United States Supreme Court, The New York Herald Tribune A superb piece of writing, lucid, witty, meticulous in scholarship and unfailingly interesting. Robert R. Kirsch, Los Angeles Times We now have a full-scale study of our legal language that is written with an extraordinary awareness for vacuous words and phrases and an astounding amount of research into their history and usage.... This book has a practical value to every lawyer who drafts a document, a pleading, or even a letter. It is a great plea to bring the law up to date by awakening us to the empty verbalisms in which we think we are housing our thoughts.... It is a rare book that has value for all lawyers, despite the tendency of publishers and reviewers to make this claim with great frequency. Here, however, is a rarity. No lawyer could fail to learn many facts of surprising interest. But beyond this, 'The Language of the Law' presents a subtle challenge to the American Bar, a stimulus to improve our work and our profession by sharpening the product of our minds. If we meet this challenge head-on, we can perform a far more fundamental and genuine service to our clients, the public, and to ourselves than any other area of improvement, including court reform, can possibly offer. Ray D. Henson, American Bar Association Journal It should be compulsory reading for lawyers and judges; for a layman it is learning and entertainment of high order. The Honorable Matthew O. Tobriner (d. 1982), Associate Justice, Supreme Court of California, San Francisco Chronicle ...[B]rilliant and discursive treatise, concisely and urbanely presented,...a remarkable stimulus, recommended highly to the general reader as well as the wordy professional. Hugo Sonnenschein, Jr., Chicago Daily News