LAW AND GOVERNMENT - How to Build an Impressive Vocabulary - More Word Smart

More Word Smart: How to Build an Impressive Vocabulary (2012)

Chapter 8. LAW AND GOVERNMENT

Sometimes even an erudite general vocabulary isn’t enough to understand the news—or your own legal affairs. If you are surrounded by “legalese” and governmental jargon, this list will help you cut through the red tape.

AD HOC (ad hahk) adj temporary; formed for a specific purpose

Ad hoc is Latin for “for this purpose only.” An ad hoc committee is one that is formed with the intent that it will be dissolved once its purpose is served.

AMNESTY (AM nes tee) n official, blanket pardon of a offense

Amnesty is generally granted for a particular group of people or a particular crime. For example, a government may grant amnesty to political prisoners of a previous regime.

APPELLATE COURT (uh PEL ut kort) n court that hears appeals from lower courts

Also called a court of appeals, an appellate court has the function of determining whether the lower court functioned properly in the trial at question. The party that appeals the decision (and therefore refers it to the appellate court) is called the appellant.

BILL OF RIGHTS (bil uv ryts) n first ten amendments to U.S. Constitution

Though the definition given here is how the term Bill of Rights is best known in America, the term can be applied more generally as a list of rights given to a particular group of people. In the case of the U.S. Constitution, the Bill of Rights applies to U.S. citizens.

BONA FIDE (boh nuh FYDE) adj genuine

Bona fide is Latin for “with good faith,” which is a tenet of contractual law.

BREACH OF CONTRACT (breech uv KAHN tract) n when a party to a contract does not fulfill his or her part of that contract

Depending on the severity of the breach, the other party may be legally entitled to collect damages, or money required to repair the situation caused by the breach, as well as terminate the contract.

CAVEAT EMPTOR (KAH vee aht EMP tor) n idea that the buyer is responsible for confirming quality before purchasing

Caveat emptor is Latin for “let the buyer beware,” and it means that the buyer should test the goods for defects in quality or accept the risk that the goods may be worthless. Through modern consumer protection measures, vendors are generally held to selling goods of merchantable quality, which ensures some protection but is still open to interpretation by law.

CLASS ACTION (klas AK shun) n lawsuit filed by a group, on behalf of a larger group

Class action lawsuits are common in a wide range of legal disputes, such as antitrust laws and varied matters of consumer protection. They allow injured parties who otherwise may not have the means to pursue legislative action to do so in a more equitable way than if they were facing large companies on their own. The members of the group of potential plaintiffs are called class members.

CONGRESS (KAHN gres) n a country’s legislative body

The United States congress is comprised of the House of Representatives and the Senate. Literally meaning “meet together,” congress can also refer to any assembly or association.

Congressional is an adjective meaning having to do with a particular congress.

DE FACTO (dee FAK toh) adj actual

Latin for “in fact,” de facto is often used in legal writing to distinguish something from de jure, or lawful.

DEPOSITION (dep uh ZI shun) n a record of out of court testimony

In cases in which it is not possible or preferable for a witness to testify in court, a deposition may be taken out of court and presented at trial. Interestingly enough, deposition has another definition dealing with government: the deposing or removal from office of a monarch or government leader.

DOUBLE JEOPARDY (DUH bul JEP ur dee) n being prosecuted twice for the same offense

The Fifth Amendment to the U.S. Constitution prohibits this practice, even when new evidence is found that may be incriminating. In some countries, the discovery of new evidence is enough to warrant a new trial.

DUE PROCESS (doo PRAH ses) n fair treatment under the law

This is a fundamental right guaranteed to U.S. citizens under the Fifth Amendment to the Constitution. Basically, it decrees that citizens cannot be lawfully punished (“deprived of life, liberty, or property”) without receiving his or her legal rights (such as the right to trial by jury, etc.).

EXECUTOR (eg ZEK yoo tor) n person appointed to carry out the wishes expressed in a will

The executor of a will is determined by a judge, who appoints the person named in the will unless an outside, valid objection is made. Executrix is a name for a female executor; however, this term is rarely used as executor can stand for either gender.

FAIR USE (fayr yoos) n doctrine that determines the extent to which copyrighted material can be reproduced without permission from the holder of the copyright

This is a frequently litigated aspect of copyright law, as the distinctions for what does and does not constitute fair use can be nebulous. Generally, the amount of material copied and the purpose for which it is copied are factors that come into play; for example, educational purposes may be subject to broader interpretations of fair use.

FIDUCIARY (fi DOO shee ar ee) n a person or business that has the power to act for another

Fiduciary is from the Latin fiducia, for trust. A fiduciary is trusted to act in good faith for another, or for the organization of which he or she is a representative. Fiduciary can also be an adjective meaning involving trust.

FILIBUSTER (FIL uh bus tur) v to obstruct a measure in a legislative body

The image most Americans may have of filibustering in action is of congressmen talking for hours on end, even reading recipes and the phone book in order to delay or prevent a vote. This process is called a filibuster, as the word can be a noun as well as a verb.

FREE AND CLEAR (free and kleer) adj the state of ownership in which no one has a claim against the property owned

Property that is owned free and clear is opposed to property on which a debt is being paid or another party has a legal claim.

GAG ORDER (GAG OR dur) n a judge’s order for attorneys and participants not to talk about a pending case in public or to the media

Gag orders are generally used in countries in which judges have no power to restrict the media from publishing details of the proceedings, and are instituted to prevent trial participants from “trying the case in the court of public opinion” and potentially tarnishing the jury pool or incite public pressure.

GARNISHMENT (GAR nish ment) n the act of seizing one’s wages

A judge may rule that a debtor’s wages be legally garnished in order to settle a debt, such as to a credit agency, child support agency, or employer. In this way, the party being owed has more assurance that the debt will be paid because the garnished amounts are transferred directly without ever going to the debtor.

GRANDFATHER CLAUSE (GRAND fah thur klaws) n clause in a law that exempts certain groups of people whose rights would otherwise be affected by that law

The original grandfather clause was part of the discriminatory Jim Crow laws, which disenfranchised African-American voters in some southern U.S. states from 1895 to the 1950s. This clause allowed exceptions in the stringent requirements for voters if their grandfathers had been eligible to vote before 1870, effectively meaning that the voting requirements applied only to African Americans. To be exempted by a grandfather clause is known as being grandfathered in.

IMPEACHMENT (im PEECH ment) n the formal process by which an official is charged with misconduct

The verb from, impeach, may also be used. A common word that is related to impeachment is unimpeachable, as in the phrase unimpeachable morals, which means that someone has morals that are so strong that they are above question.

IN LIEU (en LOO) prep instead

This two-dollar phrase is frequently used in place of instead in legal and legislative documents, but the two are virtually the same. For example, if you don’t have a receipt to accompany a return, the cashier may offer store credit in lieu of a refund.

INDICTMENT (en DYT ment) n a formal charge of a serious crime

While this word has a specific legal definition, it can also be used to mean an illustration or example of a bad situation, as in the sentence, “The current top pop stars are an indictment of declining interest in the arts.”

LIVING WILL (LIV ing wil) n a personal statement of directives for medical treatment in the event that someone is incapacitated from making informed consent

In an age of increasing medical advances, it is becoming possible in a wider range of circumstances for hospitals to keep people physically alive on life support even in a state of mental inactivity. Therefore, living wills are becoming increasingly popular as a means to appoint a proxy to make decisions for someone who is incapacitated, and also allow a patient to choose death in certain circumstances without increasing liability for the hospital and other people involved.

MODUS OPERANDI (MOH dus ahp er AND y) n a “mode of operation,” generally referring to the established habits of a criminal

On police and legal dramas, this is often referred to as the M-O, and it may be used to link a criminal to several crimes once he or she is a suspect for one.

MORATORIUM (mor uh TOR ee um) n a postponement of activity

From a Latin word meaning “delay,” moratorium may refer to any policy of deferral. For instance, a government may require debt collectors to observe a moratorium on activity for the victims of a natural disaster to give the victims time to financially reestablish themselves.

OBSTRUCTION OF JUSTICE (ub STRUK shun uv JUS tis) n an attempt to thwart the investigation of a crime

Obstruction of justice may consist of lying to investigators or prosecutors, destroying or hiding evidence, threatening jurors or prosecutors, or any action taken in order to impede an investigation or prosecution. Obstruction of justiceis a crime.

PRO TEM (proh tem) adj temporary; interim

Pro tem is short for the Latin pro tempore, meaning temporary. Generally this refers to someone serving as a substitute until the holder of a position returns or is permanently replaced.

QUORUM (KWOR um) n minimum number of members of a committee or legislative body that must be present in order to conduct business

The quorum of an organization is usually a majority of members. The official number or percentage is generally outlined in the organization’s bylaws.

RECUSE (ree KYOOZ) v to remove from legal or governmental duties because of a potential conflict of interest

Judges, jury members, attorneys, and members of Congress have the responsibility to recuse themselves from duties in which they believe a conflict of interest may cause them to serve or act in a biased manner. The noun form of the word is recusal.

SEQUESTER (se KWE stur) v to isolate

During high-profile trials, juries are sequestered away from the public, the media, and even friends and family (except under supervision) so that their opinions of the trial aren’t influenced by outside sources.

SUBPOENA (suh PEE nuh) v to summon a certain person or certain evidence to appear or be presented in court

When someone is subpoenaed, he or she is required to appear in court by law. The noun form of the word, meaning a summons for someone or something to appear in court, is also spelled and pronounced subpoena.

TORT (tort) n wrongful act

From French for “wrong,” a tort is any wrong in which harm is inflicted upon someone, regardless of intention. It also refers to a major branch of law and the largest in terms of civil litigation.