Malinkoff (1963) believes that the use of "formal words" is a distinctive feature of the language of the law. They are characterized by 18 being dignified, ceremonial, and polite expressions. The preference of "shall" over "will" is seen as a formal feature in "Law shall prevail". In legal drafting, non-standard terms are never used. Instead, highly formal words are usually employed. For instance, the word deem instead of consider, the word liable instead of responsible (Sqires & Rombaur 1982:103). Everyday English words that when used in law have different meanings from the everyday usage. For example, the familiar term consideration refers, in legal English, to contracts, and means, an act, forbearance or promise by one party to …show more content…
The following are most prominent lexical features of Arabic legal language: 1. Doublets: In Arabic, word pairs used as redundancies to serve emphasis are common as in: This establishment announces and declares) (ان هذة المؤسسة تعلن و تصرح 2. Binominals: Emery defines them as collocations of antonyms, synonyms or near-synonyms (Emery, 1989: 9). In Arabic legal texts, binomials are not necessarily more common than other Arabic registers. The motivation for using binominals in Modern Written Arabic is primarily stylistic. Emery's examples are عاجلا ام اجلا "sooner or later",الامن و السلام "peace and security", ذهابا و ايابا"round trip". 3. Descriptive epithets: such epithets are intended to lay emphasis on and further modify the noun. This example is due to Emery (1989: 10). The two high contracting parities confirm يوكد الطرفان الساميان المتعاقدان
Syntactic features of Arabic legal language are the following: 1. Nominalization: Arabic sentences can be classified into nominal sentences (verbless sentences) and verbal sentences (having verbs). Like written legal English, intensive use of long complicated nominals is a feature of legal Arabic. This example is due to (Emery, 1989: 8) ما يقرره المجلس بالاجماع يكون ملزما لجميع الدول. In this example, the nominal group is introduced by the relative "ما ". 2. Verbal group: Emery (1989:6) argues that the imperfect past verb is equivalent to "shall" in legal English and it may express condition or stipulation as
The Supreme Court stated, since the board gave no explanation behind the foreswearing of a conscientious objector exemption, and it is difficult to decide on which of the three grounds offered in the Justice's letter that board depended, Ali's 1967 conviction must be overturned. The Incomparable Court choice was passed on June 28, 1971. As per that record, Marshall had reaccused himself on the grounds that he had been U.S. Specialist General when the case started, and the staying eight judges at first voted 5 to 3 to maintain Ali's conviction. Nonetheless, Harlan, relegated to compose the lion's share assessment, got to be persuaded that Ali's case to be a noncombatant was genuine subsequent to perusing foundation material on Black Muslim
Mohammad Ebrahim testified that he believes that he was born in 1977 and that he is approximately thirty-six years old. He can read and write Dari and Farsi and he received his Bachelor’s Degree in Dari Literature in 2014. He now manages a news agency in Takhar, Afghanistan, where he lives with his family. He also claims that he is employed by the police and obtains intelligence regarding the Taliban. He has traveled to several countries in the region and intends to travel to the United States for the trial.
The suit against Widget Corporation contains several substantive and procedural law aspects that should be examined. Substantive law provides rules that tell society how to appropriately interact with one another and with those in authority. Procedural law provides the rules about how to proceed in addressing a violation of substantive law. Examples of substantive law include: • Do not drive in excess of a posted speed limit. • Do not drive through an intersection on a red light.
Rashid Ahmed Guided Reflection Questions Opening Questions How did the simulated experience of Rashid Ahmed’s case make you feel? Overall, the simulation case of Mr. Ahmed was a positive experience that makes me feel in control and challenged by the situation. I perform multiple nursing skills and acknowledge acquired during lectures. For example, in reference to fluid, electrolyte, and acid-base balance information, I was able to identify the needs of a dehydrated patient.
Chapter 2 Article 2: Obama: ‘Much of Our Criminal Justice System Remains Unfair’ It should come as no surprise to most to discover that numerous people commit crimes on a daily basis. That being said, some might ask themselves, what happens to criminals after a crime has been committed? Chapter two of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury discusses a detailed overview of the United States legal system. According to the textbook the main motivation for establishing the U.S. legal system was to create behavioral boundaries for its citizens (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 31).
Across the world there are myriads of different cultures. The United States alone incorporates several different cultures, one of those being the American Deaf culture. Often the Deaf are not thought of as their own culture or community, but simply as a group of people who share a common trait. However, the Deaf community, typically made up of people who are hard of hearing or have total hearing loss, but also including friends and family who are hearing, have formed a culture through their shared language, experiences, and heritage. Members abide by cultural rules, and have their own ways of showing respect and disrespect, sometimes live within their own all-Deaf societies, and have their own social, athletic, and religious organizations.
A language sample analysis (LSA) is a tool that generates the coding and transcriptions of a language sample to document the language used every day in various speaking situations (Miller, Andriacchi, & Nockerts, 2016). Language samples are typically 50-100 words in length and are voice-recorded and then transcribed by the clinician. Language samples are done using spontaneous speech, such as typical conversation, or narrative contexts, such as story or event recalls (Miller, Andriacchi, & Nockerts, 2016). The speech-language pathologist (SLP) will take the recording and write out, in the exact words of the child and clinician, every utterance (Bowen, 2011). The SLP will then "code" the sample.
Many times there are two different ideas or rules that get compared to each other when they focus on completely different subjects. In such case, an article entitled, “The Common Law Origins of the Infield Fly Rule,” published in the Univ. of Pennsylvania Law Review, 1975. In this article, the author, William S. Stevens, drew an analogy between the development of baseball’s “infield fly rule” and the corresponding development of English common law as it applies to the regulation of human behavior. In order to understand this analogy, one must first get familiar with the concept behind the, “Infield Fly Rule” and English Common Law (Anglo-American Common Law) to see how does this analogy calmed by William S. Stevens. Understanding the idea of
A freedom is the right to live your life without interruptions of the government unless actually committed or interfering with someone else’s rights. Legal guilt is mostly focused in the judicial system. It supports the rights guaranteed in sections of the Canadian Charter of Rights and Freedoms. The system’s main focus is ensuring that the accused is treated fairly by not infringing with their rights. Section one states that whoever the accused is being charged with has to be done with a reasonable limit.
The House on Mango Street Message Not many of us can say that we have lived up to the expectations given to us and internally benefited from it. In the book The House on Mango Street by Sandra Cisneros, Esperanza struggles with growing up with many expectations placed on her. She lives in a Latino neighborhood in Chicago with many neighbors who teach her important lessons. Overall, the story has a message that you should not rely on expectations and the author shows it by using the characterization of Esperanza and through figurative language.
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
The inflection of verb is less elaborated but there are
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.