A simple yet sophisticated vocabulary trick for getting to know a legal English word

As my Legal Writing students reminded me the other day, it’s one thing to know a word when reading. It’s another to figure out how to use it correctly in writing.

In this case, the troublesome legal English word is “precedent.”  Below are a few sample sentences from my students’ writing with attempts to use the word:

  1. According to the precedent case, the police officer’s supervisor issued a ticket to a person who threw a candy wrapper on the ground.”
  2. The precedent shows that coffee poured on the ground is not litter while a candy wrapper is litter.”
  3. The precedent is the police officer’s supervisor has issued a ticket to a person who threw a candy wrapper on the ground.”
  4. One precedent is that a person who threw a candy wrapper on the ground was issued a littering ticket.”

Grammatically, these sentences are fine. Yet, as a native English speaker and teacher of legal writing, the use of “precedent” sounds decidedly off. But why? What you might find yourself saying is, “It just doesn’t sound right.” Yet that feels like an insufficient explanation given that the fundamental ability a non-native English speaker lacks is the ability to know what sounds right.

So what is a legal writing professor of LLM students to do? Continue reading

Vocabulary and Transnational Legal Practice

lawwordcloudOver the last few years, a list of key vocabulary–with definitions–has been developed for the Transnational Legal Practice course that all of our LLM students in the TLP Program take. These are key words, terms, and phrases that all LLM students in the program need to become comfortable with, and it is a work in progress as my colleague Professor Katy Piper continues to add words to the list as appropriate each semester.

The list has over 50 items and includes basic legal terms such as “torts” and “judicial review” as well as specifically transnational legal practice terms such as “letter of credit” and “INCOTERMS”.

A great resource for my ALDA students preparing for the TLP Program! But what to do with it? Just tell them to go home and memorize and then have a test on it?

Research has shown that,with regard to learning new vocabulary, Continue reading