Using latin words and expressions efectively in legal documents

MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW GRADUATION THESIS B.A DEGREE IN ENGLISH Major: Legal English USING LATIN WORDS AND EXPRESSIONS EFFECTIVELY IN LEGAL DOCUMENTS Supervisor: Phan Le Chi, MA Student: Vo Minh Nga Student ID: 1652202010038 Class: LE41 Ho Chi Minh City, 2020 Comment of Supervisor ACKNOWLEDGMENTS This thesis would not have been fulfilled had I not received so much help, support and encouragement from my supervisor, lecturers, friends and family So, this part is for my great gratitude to all of them First of all, I would like to give the most sincere thanks to my supervisor, Ms Phan Le Chi, whose excellent advice and instruction have guided me to make this thesis happen She is the reason that I was able to break through all the limitation that I thought I could have never overcome, progressed and improved myself day by day I also owe great deal of gratitude to all of my lecturers, instructors and friends in the past four years in Ho Chi Minh City University of Law because without them, it would be impossible for me to get this opportunity to help other students in future years with my knowledge and experience Second, I would like to express my appreciation to the help from my fellows, Nguyen Ngoc Minh Trang, Nguyen Ngoc Huynh Anh, and Le Thi Hoang Chau, who have brought me wonderful inspiration They proved themselves to be not only very talented people but also great companions and supporters during my most stressful phase of the work At last, I would like to give big thanks to all of my family, my biggest support and encouragement I am very grateful of their patience with me, their sponsorship and their restless cheers This work is still incomplete but I hope that it will become a good resort, and may be an inspiration, for law students in Vietnam in their way to the international legal world VO MINH NGA Ho Chi Minh City 31 May 2020 ABBREVIATIONS A.D Anno Domini adj Adjective or adjectival phrase adv Adverb or adverbial phrase BA Bachelor of Arts B.C Before Christ CoR European Committee of the Regions E.g Exempli gratia EC European Communities EPA Economic Partnership Agreement etc Et cetera ibid ibidem (in the same place) ICJ International Court of Justice iss Issue L Law La Louisiana misc 2d New York Miscellaneous Reports (1878-2003) n Noun or noun phrase prep Preposition pro Pronoun RIAA Reports of International Arbitral Awards UK United Kingdom of Great Britain and Northern Ireland UNTS United Nations Treaty Series US, USA United States of America v Versus v Verb or verbal phrase Table of Contents PREFACE 1 STUDY BACKGROUND STUDY OBJECTIVES STUDY QUESTIONS SCOPE OF RESEARCH LITERATURE REVIEW RESEARCH METHODOLOGY 2 STRUCTURE OF THE THESIS CHAPTER I: INTRODUCTION TO LATIN CHAPTER II: THE USE OF LATIN LANGUAGE IN LEGAL CONTEXTS ROMAN LAW – THE HOME OF LEGAL LATIN 1.1 THE BACKGROUND OF ROMAN LAW 1.2 CONTRIBUTION OF ROMAN LAW THE USE OF LATIN IN LEGAL SYSTEM IN ANCIENT TIME 10 2.1 DURING THE ROMAN EMPIRE 2.2 DURING THE MIDDLE AGE THE USE OF LATIN IN MODERN LEGAL WORLD PLAIN LANGUAGE AND ITS POSSIBILITIES TO REPLACE THE USE OF LATIN LEGALESE 10 10 11 13 4.1 4.2 4.3 13 15 15 CIVIL LAW SYSTEM, CONCEPTS AND PRINCIPLES IRREPLACEABLE TERMS AND EXPRESSIONS HABITUAL USE AMONG THE LEGAL COMMUNITIES CHAPTER III: LATIN TERMS AND EXPRESSIONS – DEFINITIONS AND USAGE 17 COMMON LEGAL LATIN TERMS AND EXPRESSIONS 17 HOW TO USE LATIN TERMS IN LEGAL WRITING? SUMMARY AND SUGGESTION FOR FURTHER STUDIES 36 42 CONCLUSION 44 PREFACE Study Background Back to the world’s early history in civilization, Latin language, with the help from the Roman conquests all over Europe, obtained the highest popularity and importance in the society The heritage of Latin language managed to survive up till our present days even though it has no active speaker at the moment Especially, in such fields as law and medicines, Latin terms and expressions are still being learned and used, and they constituted an essential subject in these science fields In legal practice, Latin legalese is an important part to the extent that it represents basic terms in the science of law Law students are often encouraged to study Latin language in order to facilitate their studies both with common and civil law systems Besides, due to the frequent use of Latin legalese in legal communities, learning how to use them correctly and effectively in legal drafting remains as an imperial need On the other hand, in Vietnam, the legal regime and language are more or less different from other parts of the world, and rarely has a Latin term been adopted in the law or the jurisprudence except for those in international contexts Therefore, it is typically difficult for Vietnamese law students to research on and familiarize with legal Latin, which is already tricky for law studiers in western societies whose tongues are closer to Latin language It is in such context that this work is drawn up with the aim of assisting law students in Vietnam as well as other learners interested in the subject acquiring basic knowledge of the origin of Latin language as a whole and legal Latin individually, its role in ancient and modern jurisprudence and most importantly, its functions and how to put it into use effectively in legal writings now Study objectives With this thesis, the author hopes to help readers, especially law students and lawyers, understand the importance of Latin language in legal use as well as achieve the most basic knowledge of Latin terms and expressions that are commonly used in legal context Furthermore, it is hoped that, after reading this, law students and practitioners will be able to make use of Latin legalese fluently and effectively during their ordinary course of study and business and achieve the targets they desire Study questions In the following chapters of this thesis, the author will attempt to analyze and explain four main issues: - Why is Latin language used in legal context? - How is Latin language used in legal context? - Is it possible for replacing Latin with plain language? If not, why is that? - How to understand Latin terms correctly and put them into use effectively? Scope of research Since the target readers of this thesis are lawyers, law students and others who are interested in researching in law, the thesis will focus on Latin terms and expressions in the context of texts of law, texts about law as well as legal language used in judicial and administrative documents and procedures Literature review Regarding the role of Latin in modern legal practice, there are three significant points that are widely admitted: (i) it has wide range of popularity both in time and space, (ii) the Roman law associating with Latin is very strong in influence, and (iii) the language is favored by the professionals To depict how popular and strongly impacting legal Latin is, the comment on the use of Latin in international law of Aaron X Fellmeth and Maurice Horwitz is a clear and interesting example Aspiring international lawyers may wonder about the ubiquity of Latin in international legal discourse in the first place It may seem that the esoterism of such a prevalent practice can only be intentional The official explanation is that much early international law was developed by the Roman Empire, and the much admired Roman civil law has found its way by analogy into public international law wherever a lacuna or ambiguity in the principles of international law arose When combined with the fact that Latin was the scholarly lingua franca of most of Europe during international law’s early development, international lawyers have inherited an even better stocked arsenal of Latin phrases and terms than other lawyers.1 Aaron X Fellmeth & Maurice Horwitz, Guide to Latin in International Law (Oxford University Press 2009) vii (footnote omitted) The language’s effects are also recognized by Professor Heikki E S Mattila of University of Lapland, Finland: Although Latin is no longer the language of legal science, or of legal practice – leaving aside canon law – it has left important traces in modern legal languages On the one hand, this is a matter of sentence level: the style of modern legal languages still reflects the rhythm of old legal Latin On the other hand, a large proportion of the vocabulary of modern legal languages comes from the legal Latin used in Antiquity, the Middle Ages, or the beginning of modern times… In addition, Professor Mattila also suggested that the need of using Latin is beyond historical reasons But Latin elements also appear as such in modern legal languages Modern texts contain direct Latin quotations: terms, other expressions, and maxims This is partly a matter of rhetoric: Latin is used as a stylistic tool; an aesthetic medium This is often explained by the need to impress the reader Thus, by using Latin expressions and maxims, a lawyer sets out to show his professional competence in front of the uninitiated, or his colleagues ( … ) However, these expressions and maxims often fulfil a more important function They are used to convince the reader or listener of the content of the legal order or to explain a legal concept Moreover, Latin maxims have a mnemonic importance, thanks to their often rhythmic character.3 As can be seen above, the use of Latin in legal context is natural and inevitable It is also admitted that comprehension in Latin legalese will facilitate lawyers to understand laws and each other better So, an instruction or guidelines in using legal Latin is always in need Research methodology Throughout this thesis, the following methods will be applied in order to illuminate the set-forth issues: Synthesizing theory method: using academic books, journals, and other materials to collect and generalize the features of Latin language, its development process to make Heikki E S Mattila, Comparative legal linguistics (Christopher Goddard tr, Ashgate Publishing Ltd 2006) 136 ibid a description of the Latin language and evaluate the language’s contribution in legal communication Historical method: researching on the history of legal language and legal Latin to make a summary of the language’s developments and hence, propose the historical impacts that it has on the modern legal systems and practice Comparative method: comparing the use of legal Latin terms in the past and at present to make the meaning of the terms as clear as possible and recommend a proper use Also, this method is utilized to compare the use of legal Latin terms of different drafters in different contexts to illustrate the effectiveness of such uses Analyzing method: analyzing the Latin terms and expressions in respect of their meanings, components, position in the sentence, contexts; analyzing legal documents which contain legal Latin terms to suggest a practical method to study and use them in legal communication Structure of the thesis CHAPTER I: INTRODUCTION TO LATIN CHAPTER II: THE USE OF LATIN LANGUAGE IN LEGAL CONTEXTS CHAPTER III: LATIN TERMS AND EXPRESSIONS – DEFINITIONS AND USAGE represent the best heritages of great minds in previous centuries in legal science but an improper use can make them useless and lead to no good In order to mitigate this risk, there are several principles that a legal writer must consider before penning down Judges and lawyers, even law students, should ask these questions when they the legal drafting with Latin legalese: (i) What is the context of using the document? (ii) Who is the audience? (iii) Is the Latin terms chosen properly? (iv) Is there an overuse of Latin terms in the document? All these questions should be taken into account together in order to reach the decision of using Latin terms or not And basing on that, it is suggested that Latin users apply the following instructions: a) Pay attention to the target audience Previously, we have mentioned that legalese including Latin terms is omitted in communication between the governmental bodies and the public while they are still preferred among the law professional communities Therefore, law practitioners usually depend on who their target audience is to decide on if they should use Latin terms and which terms to use in the text in order to gain the best outcome If the piece of legal writing is made to convince ordinary people, it had better speak in plain language or some common Latin phrases that are no more alien to the public so that everybody can understand it easily and clearly Otherwise, when writing to the judges, or giving opinions in a law forum, lawyers are allowed use more sophisticated Latin terms and maxims to make the arguments condensed, accurate, and formal In the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement"), article 16(2) writes: Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to services In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark The majority of readers of international treaties like this are governmental agencies (namely the Ministry of Foreign Affairs, Ministry of Justice, and Ministry of Finance in the case of the TRIPS Agreement), judges, lawyers and legal counsels Those people are deemed to have an appropriate knowledge in law or at least in legal 37 language Therefore, the use of Latin term mutatis mutandis does not interfere with the understanding of the whole article On the other hand, the author put the term in this context for many purposes: (1) Make the document look formal, suitable for the context of an international agreement; (2) Stress on the flexibility in the application of Article 6bis of the Paris Convention (1967) by using a Latin terms in italic (3) Express the idea of the parties behind this article in the most precise and neutral way In contrast, in the domain of private law, for example in a contract between an architect and his consultant, mutatis mutandis proves to be unnecessary, too complicated and ambiguous because the parties to this contract are not professional in law Also, the application of this contract is specific performances, unlike the incorporation of the TRIPS Agreement’s into the member states’ legislation That is why in this case, an English phrase similar to the Latin terms, “with necessary changes”, is used instead The Architect has made a contract, herein referred to as the Prime Contract, to provide services to the Client for the Project A copy of the Prime Contract including all schedules and attachments, from which financial terms may be excluded, is attached to and forms part of this contract as identified in GC21 The same terms and conditions set out in the Prime Contract shall apply to this contract with necessary changes for context being applied.121 b) Be aware of the contexts in which the Latin terms and expressions are used There are terms that can be used in general contexts such as ab initio, mutatis mutandis, sui generis However, there are also terms which can only be used in some specific circumstances Prima facie and amicus curiae appear only in pleadings, judgements and other documents at courts Actus reus and mens rea are special terms in criminal law In delicto, par delictum, ex delicto are frequently seen in tort law cases and ultra vires is mentioned the most in corporation law Thus, drafters of legal 121 Ontario Association of Architects, ‘Standard Contract between Architect and Consultant’ (Ontario Association of Architects, 2014) accessed 30 May 2020 38 documents should think for a few seconds about the relevancy of the terms with their writing or else, it will probably become confusing or non-sense c) Be careful with spelling in Latin In academic writings, judicial opinions, and even reference works, it has been seen that ius denegare transformed into ius denagata; we have seen ius fetiale become ius feciale, male captus turned into mala captus, and the nonexistent term in extenso used extense.122 In a BA thesis, a law student wrote: Under the Roman law principle mala captus, bene detentus states can try individual in front of their courts even though the accused were brought there by irregular means This principle has been used by scholars to describe jurisprudence of various domestic courts, but it must be kept in mind that this is rather an expression used to describe certain outcomes of court procedures, rather than implying that courts are basing its finding upon on an old Roman legal principle which Roman courts had even started to question the legality of.123 The correct principle, in fact, is male captus bene detentus The noun captus here is a masculine noun so the complementing adjective must be in masculine form (male) as well, not the feminine (mala) Putting a misspelling Latin terms in your writing like this will make the readers cast doubt on your professional background rather than impress them Once there is a doubt on the correctness, people will be more reluctant to believe the given information As a result, the writing fails the persuasiveness aim In other situations, since people only understand the term by learning its meaning by heart but lack of knowledge of Latin language, they may mistake a misspelling word with a new term or are confused between the wrong and the correct terms More seriously, if reference books for law students use misspelling terms, the future lawyers may grab the false belief that the terms they are taught with are the correct ones For those reasons, be extremely careful with the orthography and grammar of the Latin 122 Aaron X Fellmeth & Maurice Horwitz, Guide to Latin in international law (Oxford University Press 2009) ix Ölvir Karlsson, ‘Mala Captus, Bene Detentus, From Domestic Courts to International Tribunals’ (University of Akureyri, 2012) < https://skemman.is/bitstream/1946/12094/1/%C3%96lvir_BA_ritger%C3%B0.pdf> accessed 31 May 2020 (footnote omitted) 123 39 terms If you are not sure of the spelling, not use the term If you want to use it, make sure that it is written correctly d) Use Latin terms in English sentence with correct grammar Since Latin is an inactive language now, it is rarely seen any complete Latin sentences in a document Currently, Latin terms and expressions are incorporated into sentences as if they are a special phrase in the host language (legal English and any other languages that adopt Latin) This phrase could be verb phrase, noun phrase, or adverbial phrase Hence, never think that you can put the Latin anywhere in the sentence that you want Instead, take a look at the type of the terms and then place them where they can perform their true function in the sentence If the term is an adjective phrase, put it before the noun or after “be” verb If the term is an adverb phrase, place it after the verb and so on Furthermore, since it would be ultra vires for the Community Court before which an action for annulment has been brought to rule ultra petita, the scope of the annulment which it pronounces may not go further than that sought by the applicant.124 For Latin maxims, they are usually complete sentences in Latin so it is acceptable if we set them in separate sentences However, the more frequent application of these maxims is as noun clauses Of course, they must adhere to the grammatical rules as well However, since there is no modern lingua franca in international commercial and legal relations, despite the dominance of English, formal service of an application and its annexes must be accompanied by a translation which gives the addressee for service the necessary information on the content of the document to be served With this in mind, annexes to an application are accessories to that application and follow the general legal principle of accessio cedit principali.125 124 Joined Cases T-90/07 P and T-99/07 P Kingdom of Belgium & Commission of the European Communities v Emmanuel Genette [2008] ECR II-03863 para 72 125 Case C-14/07 Ingenieurbüro Michael Weiss und Partner GbR v Industrie- und Handelskammer Berlin, Opinion of Advocate General Trstenjak [2007] ECR I-03367 para 58 40 It sounds simple but the tricky thing is that English sometimes gives the Latin terms new functions when it adopted them Affidavit actually is a verb in Latin language but in English it became a noun Many adverbial and prepositional phrases in Latin were turned into adjective phrases such as ad hoc, per quod, per se Thus, making reference to a legal dictionary or other reliable legal documents to find out how to put the Latin terms in sentences is advisable e) Use Latin terms and expression when there is no equivalent term in English It is acceptable for using Latin phrases when they cannot be replaced by any other words or phrases available in modern languages such as English Latin terms of this case usually are those that only have long and complex explanation but no equivalent term in English Prima facie, for example, is an essential principle in procedural law in western countries However, the principle is so sophisticated that there has not yet been any modern term to indicate it as shortly but completely in meaning as the Latin Let us analyze the following sentence Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed: (a) the competent authorities may at any time seek from the right holder any information that may assist them to exercise these power.126 If we replace the term prima facie with its explanation in plain language as follows: Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired enough evidence to support a presumption that an intellectual property right is infringed if no other evidence is presented to contradict this evidence that an intellectual property right is being infringed: (a) the competent authorities may at any time seek from the right holder any information that may assist them to exercise these power 126 Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force January 1995) 1869 UNTS 299 art 58 41 the article is longer and more sophisticated to comprehend Clearly, this is opposite to the clear and condensed principles in legal writing Thus, in situation like this, the Latin phrases are better options f) Avoid abusing Latin terms and expressions The recommendation is that only use Latin terms and expressions to depict the subject matters which need the highest level of accuracy In his opinion about the case United States v Castleman, Judge Alito of the Supreme Court of the USA wrote: To explain my disagreement with the Court's analysis, I begin with our case law on the mens rea required to establish aiding and abetting There is some tension in our cases on this point Specifically, some of our cases suggest that an aider and abettor must act purposefully or with intent.127 He used the Latin term here because the intentionality is the main legal issue of the case and he wanted to use the most precise term to express it Moreover, an italic Latin term in the middle of a long English sentence is more likely to draw the attention of the readers and drive them to focus more on reading the term’s interpretation following it Only mens rea could satisfy these requirements as the English translation was unable to convey the complete meaning as in the original Latin term As the heart of any legal documents, legal issues or the subject matters draw the most attention of readers so they require the most accuracy in expression Hence, they should be prioritized for the use of Latin legalese if needed Otherwise, not waste the time of your readers on complex Latin terms for unimportant elements because people will get tired before you get them to the point In addition, if a piece of writing is full of Latin terms and expressions, it seems to have no difference from reading a Latin-written prose Then, there is no point in using Latin at all and it can also drive readers to push your writing away instead of reading it Hence, not try to put as many as possible in your writing, just the ones you think that matters Summary and suggestion for further studies The huge heritage of the Roman law as well as the Latin makes it impossible to deny all the use of Latin legalese in modern legal world Latin concepts and principles are still being mentioned in legal documents with regard of most accuracy Some of 127 United States v Castleman 572 US 157 (2014) 42 them even have not found an appropriate substitution in modern languages Moreover, judges, lawyers, law lectures and students still prefer using Latin in formal contexts to make themselves stand out from the rest of the world However, the terms and expressions must be used with careful consideration Writing without a thorough and complete understanding of the terms can risk a judge or lawyer his money, reputation and even the entire career Likewise, reckless use of Latin phrases and little care for the audience’s ability of comprehension will no good to the document’s effectiveness Therefore, drafters of legal documents should prepare themselves proper knowledge and writing skills with Latin legalese to make the best out of these phrases Besides, the use of Latin language in legal context does not always stay unchanged The law is changing time after time when new inventions and social contexts occur Hence, law practitioners have to find ways to adapt Latin concepts and maxims reasonably into the new circumstances just like what the Roman magistrates did thousand years ago and sometimes they have to come up with new terms as well Therefore, the studies of using Latin terms and expressions are never enough and there is always a possibility for new application of old Latin legalese or an invention of the novel one 43 CONCLUSION Latin language has a long history and it was there to witness the birth of law and jurisprudence Long ago, Latin had on its shoulders great missions as the tongue of law and administration Its role was so great that even today we still see it show up both in daily and scientific communications In legal practice, Latin is still regarded with high level of formality, preciseness and neutrality In legal science, it represents the most precisely concepts and principles that are the ground on which modern legal systems are built Putting aside the question whether Latin terms and expressions are barriers to the ideal communication and exchange of legal knowledge or not, there is a fact that Latin legalese has been, and probably will be, used in various legal contexts So regardless of you are for or against the use of legal Latin, as long as you are still working in the legal field, especially in international context, it is still important to be able to understand and make use of the most popular Latin terms and expressions 44 TABLE OF CASES European cases: Associazione italiana del risparmio gestito and Fineco Asset Management SpA v Commission of the European Communities (T-445/05) [2009] ECR II – 295 Brigitte and Marcus Klein v Rhodos Management Ltd (Case C-73/04) [2005] ECR I-8681 Dansk Industri (DI), acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen (C-441/14) [2015] EU:C:2015:776 European Commission v Republic of Malta (C-557/15) [2018] EU:C:2018:477 Evets Corp v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-20/08 and T-21/08) [2009] ECR II – 3518 Kingdom of Belgium & Commission of the European Communities v Emmanuel Genette (T-90/07 P and T-99/07 P) [2008] ECR II-03863 Ingenieurbüro Michael Weiss und Partner GbR v Industrie- und Handelskammer Berlin (Case C-14/07) [2007] ECR I-03367 Islamic Republic of Iran Shipping Lines and Others v Council of the European Union (C-225/17 P) [2019] EU:C:2019:82 Nicole Wippel v Peek & Cloppenburg GmbH & Co KG (C-313/02) [2004] ECR I – 9522 10 Owners of the cargo lately laden on board the ship 'Tatry' v The owners of the ship 'Maciej Rataj' (C-406/92) [1994] ECR I-05439 US cases: People v Betillo 53 misc 2d 540 (1967) Rosemond v United States 572 US 65 (2014) United States v Castleman 572 US 157 (2014) Other cases: Aegean Sea Continental Shelf, Judgement (Greece vs Turk) [1978] ICJ rep Application for Review of Judgement No 158 of the United Nations Administrative Tribunal [1973] ICJ Rep 166 Arrest Warrant of I April 2000 (Democratic Republic of the Congo v Belgium) [2002] ICJ rep Corfu Channel case [1949] ICJ Rep Mixed Graeco-German Arbitral Tribunal set up under Article 304 in Part X of the Treaty of Versailles (Greece v the Federal Republic of Germany) (1972) 19 RIAA 27 Territorial Dispute (Libyun Aruh Jamuhiriyu/Chad) [1994] ICJ Rep Trial of Pakistani Prisoners of War (Pak v India) (Interim Measures) [1973] ICJ rep 328 TABLE OF LEGISLATION Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (adopted 15 April 1994, entered into force January 1995) 1868 UNTS 279 Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force January 1995) 1869 UNTS 299 Decision no 1/2020 of the EPA committee set up by the interim agreement with a view to an economic partnership agreement between the European Community and its member states, of the one part, and the Central Africa Party, of the other part, of 28 April 2020 adopting the rules of procedure for mediation, the rules of procedure for arbitration, and the code of conduct for arbitrators [2020] OJ L 156/22 Directive 2006/54/EC of July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) [2006] OJ L 204/23 Rules of Procedure (CoR) [2014] OJ L 65/41 United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS Understanding on Rules and Procedures Governing the Settlement of Disputes (adopted 15 April 1994, entered into force January 1995) 1869 UNTS 401 Vienna Convention on Diplomatic Relations (adopted 18 April 1961, entered into force 24 April 1964) 500 UNTS 95 BIBLIOGRAPHY Aili H, ‘THE ANCIENT LANGUAGE OF LEARNING AND SCIENCE’ (Latinitium) accessed 21 March 2020 Bronzino Law Firm, LLC, ‘Top Reasons For Filing A Motion For Pendente Lite (Temporary) Relief During A Divorce Proceeding’ (Bronzino Law Firm, LLC) accessed 28 April 2020 Brown G W and Kauffman K D, Legal terminology (6th ed, Pearson 2013) 189 Commission, ‘Commission Staff Working Document Accompanying Document to the Proposal for a Decision of the European Parliament and of the Council Establishing a Multiannual Community Programme on Protecting Children Using the Internet and Other Communication Technologies – Impact Assessment’ SEC(2008) 243 Commission, ‘Commission Staff Working Document Accompanying the Document Report From The Commission to the Council and the European Parliament 35th Annual Report from the Commission to the Council and the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities (2016)’ SWD(2017) 342 final Commission, ‘Commission Staff Working Paper Accompanying Document to the Proposal for a Directive of the European Parliament and the Council on the Freezing and Confiscation of Proceeds of Crime in the European Union – Impact Assessment’ SWD(2012) 31 final DailyHistory.org, ‘How has ancient Rome influenced European law?’ (DailyHistory.org, 22 November 2018) accessed 06 April 2020 Domingo R, ‘Roman Law: Basic Concepts and Values’ (2017) SSRN Electronic Journal accessed 06 April 2020 Emanuel L, LATIN FOR LAWYERS The Language of the Law (Emanuel Publishing Corp 1999) 10 Fellmeth A X & Horwitz M, Guide to Latin in International Law (Oxford University Press 2009) 11 Garger J, ‘A Brief History of the Latin Language’ (Bright Hub Education) accessed 19 March 2020 12 Government of Canada , ‘Applications for medical devices under the Interim Order for use in relation to COVID-19: Guidance document’ (Government of Canada, 23 April 2020) accessed 28 April 2020 13 Hall E G, ‘The Contribution of Roman Law to Modern Legal System’ (The European Conservative, 25 May 2019) accessed 22 March 2020 14 Herlitz G N, 'The Meaning of the Term "Prima Facie"' 55 La L Rev (1994) accessed 15 May 2020 15 Karlsson Ö, ‘Mala Captus, Bene Detentus, From Domestic Courts to International Tribunals’ (University of Akureyri, 2012) accessed 31 May 2020 16 Lucid law, ‘Homicide – Murder’ (Lucid law) accessed 12 May 2020 17 Mattila H E S, Comparative legal linguistics (Christopher Goddard tr, Ashgate Publishing Ltd 2006) 125 - 159 18 Mousourakis G, A Legal History of Rome (Routledge 2007) 19 Ontario Association of Architects, ‘Standard Contract between Architect and Consultant’ (Ontario Association of Architects, 2014) accessed 30 May 2020 20 Oxford University Press, 'Du Plessis: Borkowski's Textbook on Roman Law 5e' (Oxford University Press online resources centre) accessed 12 May 2020 21 Plainlanguage.gov, ‘What is plain language?’ (Plainlanguage.gov) accessed 06 April 2020 22 Re E D, ‘The Roman Contribution to the Common Law’, 29 Fordham L Rev 447 (1961) accessed 06 April 2020 23 Wikipedia, the free encyclopedia , ‘De Medicina’ (Wikipedia, the free encyclopedia, 18 November 2020) accessed 22 March 2020 24 Wikipedia, the free encyclopedia , ‘Ex officio member’ (Wikipedia, the free encyclopedia, 22 April 2020) accessed 15 May 2020 25 Wikipedia, the free encyclopedia , ‘Medieval Roman law’ (Wikipedia, the free encyclopedia, 20 January 2020) accessed 06 April 2020 26 Wikipedia, the free encyclopedia , ‘Plain language’ (Wikipedia, the free encyclopedia, 26 February 2020) accessed 06 April 202 27 Wikipedia, the free encyclopedia, ‘Roman law’ (Wikipedia, the free encyclopedia, 12 March 2020) < https://en.wikipedia.org/wiki/Roman_law> accessed 22 March 2020 28 Zecca-Naples N, ‘Lingua latina omnia vincit: How Latin became the language of the Roman Empire’ (Unravel Magazine, 13 November 2015) accessed 06 April 2020 ... LATIN LANGUAGE IN LEGAL CONTEXTS CHAPTER III: LATIN TERMS AND EXPRESSIONS – DEFINITIONS AND USAGE CHAPTER I: INTRODUCTION TO LATIN The origin of Latin dated back to the first millennium B.C in. .. in such fields as law and medicines, Latin terms and expressions are still being learned and used, and they constituted an essential subject in these science fields In legal practice, Latin legalese... Roman jurists remain and are given the name as Latin legalese Lawyers prefer using conjunction in Latin to their own language,32 and Latin expressions and maxims are often inscribed on walls