Lifting the Fog of Legalese Essays on Plain Language Legal terms combined in long-winded sentences, or varied or with permutations, with the initial design of legal or drafting precision but which otherwise add unnecessary complexity or inadvertently resulting in confusion. Lifting the Fog of Legalese is a treasure for lawyers who want to write more clearly." - - Bar News Issue, New Hampshire Bar collection of his essays is a superb introduction to the art of plain language - legal or otherwise.
Plain language the underlying research - Victoria Law Foundation English words combined with others in long-winded sentences, or varied or with permutations, ancient words and with the initial design of legal or drafting precision but which otherwise add unnecessary complexity and inadvertently resulting in confusion (which, in classic legalese, we'd call "In resolving the question whether, and how, to count ballots not marked by voters in accordance with instructions, so that the intent of the voter is unclear, we have said that if the intent of the voter can be determined with reasonable certainty from an inspection of the ballot, in the light of the generally known conditions attendant upon the election, effect must be given to that intent and the vote counted in accordance therewith." "If the wife had a life estate and a reversion in fee following a contingent remainder, there was an estate by the curtesy in the reversion if the remainder did not take effect, because the life estate and reversion were united in her, but there was no curtesy in the reversion if the remainder took effect.""Where an action is brought on a bond for payment of the money secured by a mortgage or performance of its covenants or where an action of ejectment is brought by a mortgagee or his or her heirs, personal representatives or assigns for the recovery of the possession of mortgaged land, and no suit is pending concerning the foreclosing or redeeming of the mortgaged land, if the person who has the right to redeem the mortgaged land appears and becomes a defendant in the action and at any time, pending the action, pays to the mortgagee or, in the case of the mortgagee's refusal, brings into court where the action is pending all the principal money and interest due on the mortgage, and all costs spent in any proceeding on the mortgage, the money for principal, interest and costs to be calculated by the court, the money so paid to the mortgagee or brought into court is in full satisfaction and discharge of the mortgage, and the court must and may discharge the mortgagor or defendant from the mortgage accordingly and must and may, by the rules of the court, compel the mortgagee, at the expense of the mortgagor, to assign, surrender or reconvey the mortgaged land and the estate and interest that the mortgagee has in it, and deliver up all deeds, evidences and writings in the mortgagee's custody relating to the title of the mortgaged land to the mortgagor who has paid or brought the money into the court, the mortgagor's heirs, personal representatives or to the person the mortgagor appoints for that purpose." Another venue for outstanding legalese is the English language version of Quebec's Civil Code, a must-read for all legalese fans. Plain Legal Language The Underlying Research. 5/22/12. Kimble, J. 2006. Lifting the fog of legalese Essays on plain language. Durham, NC Carolina.
LIFTING THE FOG OF LEGALESE Essays on Plain Language Generally used as a pejorative term for written forms of legal English, legalese is characterized by verbosity, Latin expressions, nominalizations, embedded clauses, passive verbs, and lengthy sentences. Australian law journal book reviews. LIFTING THE FOG OF LEGALESE Essays on Plain Language. Author publisher ISBN price Joseph Kimble Carolina Academic Press, Durham, North Carolina, 2006 1-59460-212-3 $US23 hardcover.
You Think Anybody Likes Legalese? - Legal Writing Editor Kimble has heard many stories about plain language projects that died after they were “sent to legal.” In one of his own projects, he redrafted bicycle regulations for a city. I was an early convert to plain language — or plain English as it was. is the author of Lifting the Fog of Legalese Essays on Plain Language.
Plain Language Reading List “The redraft went to legal,” said Kimble, “and their indifference was palpable. Lifting the Fog of Legalese Essays on Plain Language Joseph Kimble, 2005. Oxford Guide to Plain English Martin Cutts, 3rd Edition, 2009. Plain Language in Government Writing A Step-by-Step Guide Judith Myers Gillespie, 2008.
Joseph Kimble—No, the law does not normally require legalese. Note the language that I bolded above: the gas station could have used something “A person shall remain in attendance outside of the vehicle and in view of the nozzle.” The station could have written it simpler and shorter. For instance, one blemish on the restyled Federal Rules of Criminal Procedure is the repeated use of (for consistency with other rules, no less), and an influential voice commented: “Although 28 U. If you want one setting where this attitude would be a disaster, look no further than jury instructions. Joe Kimble has been advocating for plain legal language for more than. the author of Lifting the Fog of Legalese Essays on Plain Language.
Center For Plain Language Recommended reading Joe Kimble has been advocating for plain legal language for more than three decades: he is a founding director of the Center for Plain Language, a past president of Clarity International, the editor of the “Plain Language” column in the He also redrafted U. federal court rules (which he spoke about at PLAIN 2013). Books The Federal Plain Language Guidelines The Plain Language Action and Information Network, or Fed PLAIN Lifting the Fog of Legalese Essays on.
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