Law Vocabulary: 200 Key English Terms

set aside

phrasal verb

Meaning

To cancel a court order, judgment or arbitration award so that it no longer has any legal effect.

Where you use it

Used by courts and in applications: 'apply to set aside a default judgment', 'the award was set aside'. In arbitration, a 'set-aside application' asks the courts at the seat of arbitration to cancel the award.

Examples

1. The defendant applied to set aside the judgment because he never received the claim form.

2. The court refused to set aside the arbitration award.

Usage note

In everyday English 'set aside' also means to keep time or money for a purpose: 'set aside an hour for the meeting'. In court it means to cancel.

Common phrases

set aside a judgment · set aside an award · application to set aside · set aside on appeal

court order

noun

Meaning

An official instruction from a court telling a person or organisation to do something or to stop doing something; ignoring it can lead to serious penalties.

Where you use it

Courts 'make', 'grant' or 'issue' orders, and parties 'obtain', 'comply with' or 'breach' them. Orders can be final or interim and cover anything from payment of costs to the disclosure of documents. Breaking a court order can amount to contempt of court.

Examples

1. The bank froze the account after receiving a court order.

2. If they ignore the court order, we can apply to have them held in contempt.

Common phrases

obtain a court order · comply with a court order · breach of a court order · interim court order

enforce

verb

Meaning

To make sure that a law, rule, contract or court decision is obeyed, if necessary by using official powers such as seizing property.

Where you use it

A winning party 'enforces a judgment' when the other side does not pay voluntarily. Lawyers also ask whether a clause is 'enforceable', meaning a court would give effect to it. Regulators and the police 'enforce the law'. Foreign judgments and arbitral awards often need recognition before they can be enforced.

Examples

1. We won the case, but enforcing the judgment against a company with no assets will be difficult.

2. The authority has limited resources to enforce the new rules.

Common phrases

enforce a judgment · enforce the law · enforce a contract · enforce an award · strictly enforced

appellant

noun

Meaning

The party who appeals against a court or tribunal decision, asking a higher court to change or cancel it.

Where you use it

Appeal judgments usually begin by naming the appellant and the respondent. The appellant 'brings' an appeal, 'relies on' grounds of appeal and may 'succeed' or 'fail'. The appellant can be either the original claimant or the original defendant.

Examples

1. The appellant argues that the judge misread the contract.

2. The appellant succeeded on the second ground only.

Common phrases

the appellant argues · counsel for the appellant · the appellant succeeds · appellant's notice

judicial review

noun

Meaning

The power of courts to check whether decisions or laws made by public authorities are lawful, and to cancel them if they are not.

Where you use it

The meaning depends on the country. In the UK it usually means a claim in the High Court challenging a decision of a public body, such as a ministry or a council. In the US it often means the courts' power to strike down laws as unconstitutional. People 'apply for' or 'seek' judicial review.

Examples

1. The residents applied for judicial review of the council's decision to close the library.

2. Judicial review is not an appeal on the merits; the court only asks whether the decision was lawful.

Common phrases

apply for judicial review · seek judicial review · grounds for judicial review · subject to judicial review · judicial review proceedings

award

verb

Meaning

To decide officially that a person should receive something, especially an amount of money as damages or costs; also the noun for such a decision.

Where you use it

Courts and tribunals 'award damages', 'award costs' or 'award interest'. As a noun, 'an award of damages' is the amount ordered. In arbitration, 'award' is the name of the arbitrators' decision itself: 'a final award', 'enforce an arbitral award'.

Examples

1. The court awarded the claimant €40,000 in damages.

2. The tribunal issued its final award after two years of proceedings.

Common phrases

award damages · award costs · arbitral award · damages awarded · final award

interim relief

noun

Meaning

A temporary court order that protects a party's position until the case is finally decided, for example by freezing assets or stopping an action.

Where you use it

Parties 'apply for' or 'seek' interim relief, often urgently and sometimes without notice to the other side, and courts 'grant' or 'refuse' it. Common forms are interim injunctions and freezing orders. Arbitration rules also allow 'interim measures'.

Examples

1. We need to apply for interim relief today, before the shares are sold.

2. The judge granted interim relief preventing the former employee from using the client list.

Common phrases

apply for interim relief · grant interim relief · urgent interim relief · interim relief pending trial

default judgment

noun

Meaning

A judgment given against a defendant who has not responded to the claim or not taken a required step in time, without a full trial.

Where you use it

A claimant 'applies for' or 'obtains' default judgment, and a defendant who missed the deadline for a good reason may 'apply to set it aside'. It is common in debt collection, where many defendants never reply.

Examples

1. The defendant never filed a defence, so we obtained default judgment.

2. The court set aside the default judgment because the claim form had been sent to the wrong address.

Common phrases

obtain default judgment · apply for default judgment · set aside a default judgment · enter default judgment

grounds of appeal

noun

Meaning

The specific legal or factual reasons an appellant gives for saying that a lower court's decision was wrong.

Where you use it

Grounds are usually numbered and set out in the appeal notice: 'Ground 1: the judge erred in law…'. Lawyers 'draft', 'advance' or 'rely on' grounds, and courts decide each ground separately. An appeal may succeed on one ground and fail on others.

Examples

1. The grounds of appeal focus on how the judge interpreted clause 9.

2. Permission was granted on two of the four grounds of appeal.

Common phrases

draft grounds of appeal · rely on grounds of appeal · amended grounds of appeal · the grounds of appeal succeed

leave to appeal

noun

Meaning

Permission from a court that, in many common law systems, a party must obtain before it can bring an appeal.

Where you use it

A party 'seeks' leave to appeal from the trial court or the appeal court, and leave is 'granted' or 'refused'. In English civil cases the modern term is 'permission to appeal', but 'leave' is still used in criminal appeals and in many other countries. Top courts often give leave only in cases of general public importance.

Examples

1. The company has been refused leave to appeal to the Supreme Court.

2. If we lose, we will ask the judge for leave to appeal straight away.

Usage note

Here 'leave' is a noun meaning 'permission', not the verb 'to go away'. The same use appears in 'leave of the court' and 'with leave'.

Common phrases

seek leave to appeal · grant leave to appeal · refuse leave to appeal · application for leave to appeal

overrule

verb

Meaning

To reject an objection made during a hearing, or, for a higher court, to declare that a precedent set in an earlier case was wrong and should no longer be followed.

Where you use it

In trials the judge says 'Overruled' to reject an objection and 'Sustained' to accept it. In case law, a court 'overrules' an earlier decision made in a different case; this is not the same as 'overturning' or 'reversing' the decision under appeal in the same case.

Examples

1. The objection was overruled, and the witness had to answer.

2. The Supreme Court overruled its own decision from 1998.

Common phrases

objection overruled · overrule a decision · overrule a precedent · expressly overruled

dissenting opinion

noun

Meaning

A written opinion by a judge who disagrees with the majority decision of a court, explaining why they would have decided the case differently.

Where you use it

Common in appeal courts with several judges, such as supreme courts and the European Court of Human Rights. A judge 'writes' or 'delivers' a dissent. A 'concurring opinion' agrees with the result but gives different reasons. A dissent sometimes becomes the majority view years later.

Examples

1. Two of the seven judges gave dissenting opinions.

2. Her dissenting opinion is now quoted more often than the majority judgment.

Common phrases

write a dissenting opinion · dissenting judge · concurring opinion · majority opinion

right

noun

Meaning

Something the law allows you to have or do, or allows you to demand from others, such as the right to a fair trial or the right to be paid.

Where you use it

You 'have', 'exercise', 'waive' or 'protect' a right. Common structures: 'the right to + noun or verb' (the right to appeal), 'rights under the contract', 'rights and obligations'. 'Human rights' and 'fundamental rights' are frequent in public law.

Examples

1. Under the lease, the tenant has the right to end the agreement after twelve months.

2. The employer reserves the right to change working hours with two weeks' notice.

Common phrases

have the right to · exercise a right · reserve the right · rights and obligations · human rights

obligation

noun

Meaning

Something that a person or organisation must do because a law, a contract or a court order requires it.

Where you use it

You 'have', 'meet', 'fulfil', 'perform' or 'breach' an obligation. Contracts list 'the obligations of the supplier', and a party may be 'under an obligation to' do something. Often paired with 'rights'.

Examples

1. The seller is under an obligation to deliver the goods by 1 June.

2. If they fail to meet their payment obligations, we can terminate the agreement.

Usage note

The Turkish 'Borçlar Hukuku' is 'the law of obligations' in English, not 'debt law'. Here 'borç' means any legal duty, not only money owed.

Common phrases

meet an obligation · breach an obligation · under an obligation to · contractual obligation · legal obligation

contract

noun

Meaning

An agreement between two or more parties that the law will enforce, setting out what each side must do or give.

Where you use it

One of the core words of legal practice. Parties 'enter into', 'sign', 'perform', 'breach' and 'terminate' a contract. 'Under the contract' introduces what the contract says, and 'contract law' is a basic subject at every law school.

Examples

1. Under the contract, the supplier must replace faulty parts free of charge.

2. Before we sign, I want to review the termination clauses in the contract.

Usage note

The noun is stressed on the first syllable (CONtract); the verb is usually stressed on the second (conTRACT).

Common phrases

enter into a contract · breach of contract · terminate a contract · under the contract · employment contract

liability

noun

Meaning

Legal responsibility for something, especially the duty to pay for harm, loss or debts; in accounting, also an amount that a company owes.

Where you use it

Very common in contracts and disputes: 'limitation of liability', 'accept liability', 'deny liability', 'joint and several liability'. The adjective is 'liable': 'liable for the damage'. Lawyers separate liability (who is responsible) from damages (how much is paid).

Examples

1. The insurer has accepted liability, so we only need to agree on the amount.

2. This clause caps the supplier's liability at the total fees paid in one year.

Common phrases

limitation of liability · accept liability · deny liability · joint and several liability · strict liability

breach

noun

Meaning

The act of breaking a law, a contract term or a duty; also used as a verb meaning to break such a rule or promise.

Where you use it

Most common in 'breach of contract', 'breach of duty' and 'breach of confidentiality'. As a verb: 'the supplier breached the agreement'. A party 'is in breach of' a clause, and a 'material breach' is serious enough to end the contract.

Examples

1. The distributor is in breach of clause 7 because it sold outside its territory.

2. We are suing for breach of contract and asking for damages of 200,000 euros.

Common phrases

breach of contract · material breach · be in breach of · breach of duty · remedy a breach

entitled to

phrase

Meaning

Having the legal right to have or do something, for example to receive a payment, a notice period or a share of property.

Where you use it

Followed by a noun ('entitled to compensation') or a verb ('entitled to terminate'). Common in contracts, employment law and judgments. The noun 'entitlement' means what someone has a right to: 'holiday entitlement'.

Examples

1. If the goods arrive late, the buyer is entitled to a 10% price reduction.

2. The court held that she was entitled to terminate the contract immediately.

Common phrases

entitled to compensation · entitled to terminate · legally entitled to · holiday entitlement

comply with

phrasal verb

Meaning

To act according to a rule, law, order or request; to do what is required.

Where you use it

Used constantly in compliance work, contracts and court orders: 'comply with the law', 'comply with a court order', 'comply with the deadline'. The noun is 'compliance', and a 'compliance officer' checks that a company follows the rules.

Examples

1. The company failed to comply with the court order and was fined.

2. All suppliers must comply with our anti-bribery policy.

Usage note

Use 'with', not 'to': 'comply with the rules', not 'comply to the rules'.

Common phrases

comply with the law · comply with a court order · comply with the regulations · fail to comply with

enter into

phrasal verb

Meaning

To formally start a legal relationship, especially by making a contract or agreement with another party.

Where you use it

A fixed phrase in contracts and legal writing: 'enter into an agreement', 'enter into negotiations', 'enter into a settlement'. It often appears at the start of a contract: 'This Agreement is entered into on 1 May…'.

Examples

1. The company entered into a five-year supply agreement with a German manufacturer.

2. Minors usually cannot enter into binding contracts on their own.

Common phrases

enter into an agreement · enter into a contract · enter into negotiations · enter into a settlement

due process

phrase

Meaning

The principle that the state must follow fair and proper legal procedures, such as giving notice and a chance to be heard, before taking away a person's rights or property.

Where you use it

A key term in US constitutional law, found in the Fifth and Fourteenth Amendments, and widely used elsewhere as a general idea. People speak of 'due process rights', 'a denial of due process' and action taken 'without due process'.

Examples

1. The students argued that they were expelled without due process.

2. Due process requires that both sides have a fair chance to present their case.

Common phrases

due process of law · due process rights · denial of due process · without due process

tort

noun

Meaning

A wrongful act, other than a breach of contract, that causes harm to another person and allows them to claim compensation in a civil court.

Where you use it

A core subject in common law systems ('tort law', 'the law of torts'). Typical torts are negligence, defamation, nuisance and trespass. Lawyers 'bring a claim in tort' and ask who is 'liable in tort'.

Examples

1. The claim is based in tort, not in contract, because there was no agreement between the parties.

2. Our first-year tort course focuses mostly on negligence.

Usage note

Turkish 'haksız fiil' covers a similar idea, but common law treats torts as separate named wrongs, each with its own rules.

Common phrases

tort law · law of torts · claim in tort · liable in tort

negligence

noun

Meaning

Failure to take the care that a reasonable person would take in the same situation, which causes harm or loss to someone else.

Where you use it

The most common tort. To win a negligence claim, the claimant usually shows a duty of care, a breach of that duty and damage caused by the breach. The adjective is 'negligent': 'negligent advice', 'negligent driving'.

Examples

1. The hospital admitted negligence and agreed to pay compensation.

2. The accountants were sued for negligence after they missed a major tax error.

Common phrases

claim in negligence · medical negligence · gross negligence · admit negligence · negligent advice

legal person

noun

Meaning

An entity, such as a company or an association, that the law treats as having its own rights and duties, separate from the people who own or run it.

Where you use it

Used in company law, civil codes and international texts, in contrast with a 'natural person' (a human being). Also called a 'juristic person' or 'legal entity'; 'legal personality' is the status of being one.

Examples

1. A limited company is a legal person, so it can sign contracts and be sued in its own name.

2. The form asks whether the applicant is a natural or a legal person.

Common phrases

natural or legal person · legal personality · legal entity · have legal personality

power of attorney

noun

Meaning

A legal document that gives one person the authority to act for another in legal or financial matters, such as signing contracts or managing a bank account.

Where you use it

People 'grant', 'give', 'sign' or 'revoke' a power of attorney. The person who receives it is the 'attorney', who in this sense need not be a lawyer. There are general and specific powers of attorney; in England a 'lasting power of attorney' covers a future loss of mental capacity.

Examples

1. Before moving abroad, she gave her brother power of attorney to sell the flat.

2. We need a copy of the power of attorney before we can file the case for the client.

Common phrases

grant power of attorney · general power of attorney · lasting power of attorney · revoke a power of attorney

liable

adjective

Meaning

Legally responsible for something, especially for paying for loss or damage that you have caused or for a debt.

Where you use it

Very common in contracts and judgments: 'liable for damages', 'liable to pay', 'held liable', 'jointly and severally liable'. The noun is 'liability'. Courts 'find' or 'hold' a party liable. 'Liable to' can also mean 'likely to suffer' something bad: 'goods liable to damage'.

Examples

1. The court held the landlord liable for the water damage.

2. The guarantors are jointly and severally liable for the loan.

Usage note

Do not confuse 'liable' /ˈlaɪəbl/ (responsible) with 'libel' /ˈlaɪbl/ (a written statement that damages someone's reputation).

Common phrases

held liable · liable for damages · jointly and severally liable · personally liable · liable to pay

unlawful

adjective

Meaning

Not allowed by law, whether it breaks criminal law, civil law or a regulation; the opposite of lawful.

Where you use it

A neutral, formal word in judgments and statutes: 'unlawful act', 'unlawful discrimination', 'unlawful detention', 'declared unlawful'. Courts reviewing official decisions often have to decide whether they were lawful or unlawful.

Examples

1. The court found that the dismissal was unlawful.

2. Recording the meeting without consent may be unlawful in some countries.

Usage note

'Illegal' usually suggests something forbidden by law, often a crime, and is common in everyday speech. 'Unlawful' is more technical and wider: it also covers acts that are not crimes, such as unlawful discrimination by an employer.

Common phrases

unlawful act · unlawful discrimination · unlawful detention · declared unlawful · unlawful interference

human rights

noun

Meaning

The basic rights and freedoms that every person has simply because they are human, such as the right to life, to a fair trial and to freedom of expression.

Where you use it

Used in constitutional and international law and in the news. States 'protect', 'respect' or 'violate' human rights. In Europe the key text is the European Convention on Human Rights, applied by the European Court of Human Rights in Strasbourg. 'Fundamental rights' is a close synonym, especially in EU law.

Examples

1. The applicant claims that his human rights were violated during the investigation.

2. She teaches human rights law at a university in Ankara.

Usage note

'Human rights' is normally plural in compounds: say 'a human rights lawyer' and 'human rights law', not 'a human right lawyer'.

Common phrases

human rights law · violation of human rights · protect human rights · human rights lawyer · international human rights

property

noun

Meaning

Things that someone owns, such as land, buildings, goods or money, and also the legal right of ownership over those things.

Where you use it

Lawyers distinguish 'real property' (land and buildings) from 'personal property' (movable things) and from 'intellectual property'. In everyday and business English 'a property' usually means a house, flat or building. 'Property law' is the area of law dealing with ownership and land.

Examples

1. The property is registered in the name of both spouses.

2. Damage to property is covered by the policy, but personal injury is not.

Common phrases

real property · personal property · intellectual property · property rights · damage to property

duty of care

noun

Meaning

A legal obligation to take reasonable care to avoid causing foreseeable harm to other people; the first thing a claimant must show in a negligence case.

Where you use it

In the English tort of negligence, the claimant must prove a duty of care, a breach of that duty and loss caused by the breach. Doctors, employers, drivers and professional advisers 'owe a duty of care' to certain people. The phrase is also used more loosely in business and health and safety texts.

Examples

1. Employers owe a duty of care to their staff.

2. The question is whether the club owed a duty of care to spectators outside the stadium.

Common phrases

owe a duty of care · breach of the duty of care · duty of care to · establish a duty of care

creditor

noun

Meaning

A person or organisation that is owed money or another performance by someone else, such as a bank that has lent money.

Where you use it

Common in contract, insolvency and enforcement law. Lawyers distinguish 'secured creditors', who hold security such as a mortgage, from 'unsecured creditors'. In insolvency, creditors 'submit claims' and may be paid only part of what they are owed.

Examples

1. The company's main creditor is the bank that financed the new factory.

2. Unsecured creditors are likely to receive only a small part of what they are owed.

Common phrases

secured creditor · unsecured creditor · creditors' meeting · pay creditors · judgment creditor

debtor

noun

Meaning

A person or organisation that owes money or another performance to someone else.

Where you use it

The counterpart of 'creditor'. A 'judgment debtor' is someone ordered by a court to pay. In business, 'debtors' can also mean customers who have not yet paid, although 'accounts receivable' or 'trade receivables' is more common in modern accounting.

Examples

1. The creditor may claim the full amount from either debtor.

2. If the debtor fails to pay by the deadline, enforcement can begin.

Usage note

The b is silent: 'debtor' is pronounced /ˈdetə/, just as 'debt' is /det/.

Common phrases

judgment debtor · defaulting debtor · debtor and creditor · principal debtor

consent

noun

Meaning

Permission or agreement freely given by a person who understands what they are agreeing to; without it, many acts become unlawful.

Where you use it

Central in contract, data protection, medical and criminal law. People 'give', 'withhold' or 'withdraw' consent, and contracts often require 'prior written consent'. 'Informed consent' is used in medicine; 'by consent' describes a court order the parties have agreed to. It is also a verb: 'consent to'.

Examples

1. Personal data may be shared with partners only with the user's explicit consent.

2. The order was made by consent after the parties settled the dispute.

Usage note

In Turkish data protection law, 'açık rıza' is usually translated as 'explicit consent'.

Common phrases

written consent · prior consent · explicit consent · withdraw consent · informed consent

good faith

noun

Meaning

Honest and fair conduct without an intention to cheat or take unfair advantage; it can describe a person's honest belief or a standard for how parties must behave.

Where you use it

Common phrases are 'in good faith', 'act in good faith', 'negotiate in good faith' and 'a good faith purchaser'. Civil law systems apply a general duty of good faith to contracts, while English law traditionally does not, although a contract can create one. The opposite is 'bad faith'.

Examples

1. The parties agree to negotiate in good faith to resolve any dispute.

2. She bought the car in good faith, without knowing it had been stolen.

Usage note

Turkish law separates 'dürüstlük kuralı' (objective good faith, Article 2 of the Civil Code) from 'iyi niyet' (honest belief, Article 3). English uses 'good faith' for both, so check the context when translating.

Common phrases

in good faith · act in good faith · negotiate in good faith · good faith purchaser · duty of good faith

waive

verb

Meaning

To give up a right or claim voluntarily, or to decide not to insist on a rule, requirement or fee.

Where you use it

A party 'waives a right', 'waives a breach' or 'waives privilege'. Courts and authorities may 'waive a fee' or 'waive a requirement'. The noun is 'waiver', and contracts often include a 'no waiver' clause saying that a delay in using a right does not mean giving it up.

Examples

1. By signing this form, you waive your right to a refund.

2. The court agreed to waive the fee because the applicant had no income.

Usage note

'Waive' (give up) sounds exactly like 'wave' (move your hand). Check the spelling carefully in legal documents.

Common phrases

waive a right · waive a fee · waive privilege · waive a requirement · expressly waive

infringe

verb

Meaning

To break a law or go against someone's legal right, especially an intellectual property right such as a patent, trademark or copyright.

Where you use it

Very common in intellectual property: a product 'infringes a patent', and the owner sues for 'infringement'. In human rights law, measures are said to 'infringe' rights or freedoms. It is formal; in general English 'break' or 'violate' are more usual.

Examples

1. The court found that the new logo infringed the company's trademark.

2. The applicants argued that the ban infringed their freedom of assembly.

Common phrases

infringe a patent · infringe copyright · infringe a right · allegedly infringing · infringe the law

will

noun

Meaning

A legal document in which a person states who should receive their property and money after they die, and who should manage this.

Where you use it

People 'make', 'write', 'sign' or 'change' a will, and others may 'contest' or 'challenge' it after the death. The person who makes it is the 'testator', and the person who carries it out is the 'executor'. Formal rules, such as signing before witnesses, must be followed for a will to be valid.

Examples

1. She left the house to her nephew in her will.

2. The children are contesting the will on the ground that their father lacked capacity.

Usage note

Do not confuse the noun 'will' (a legal document) with the modal verb 'will'. A person who dies without a will dies 'intestate'.

Common phrases

make a will · contest a will · under the will · last will and testament · executor of the will

inheritance

noun

Meaning

Money, property or rights that pass to a person when someone dies, and the legal process by which this happens.

Where you use it

People 'receive', 'claim' or 'divide' an inheritance. Lawyers more often speak of 'succession' ('the law of succession') and of the 'estate' of the deceased person. 'Inheritance tax' is the tax due on what is inherited. The verb is 'inherit'.

Examples

1. The brothers could not agree on how to divide the inheritance.

2. Under the law, a spouse is entitled to part of the inheritance even without a will.

Common phrases

receive an inheritance · inheritance tax · inheritance law · share of the inheritance · inheritance dispute

minor

noun

Meaning

A person below the age at which the law treats them as a full adult; this age is 18 in most countries, including Turkey and England.

Where you use it

Used in family, contract and criminal law: 'a contract with a minor', 'unaccompanied minors', 'minors may not buy alcohol'. A minor usually acts through a parent or guardian. The age itself is called 'the age of majority'.

Examples

1. The claim was brought on behalf of a minor by her mother.

2. Contracts signed by a minor may not be binding.

Usage note

As an adjective, 'minor' means small or unimportant ('a minor offence'). As a legal noun it always means a person under the age of majority.

Common phrases

unaccompanied minor · on behalf of a minor · contract with a minor · custody of a minor

strict liability

noun

Meaning

Legal responsibility for harm that arises even when the person was not careless or at fault, for example for certain defective products or dangerous activities.

Where you use it

Used in tort law, product liability and regulatory criminal law ('strict liability offences', such as many traffic and food safety offences). Lawyers contrast it with 'fault-based liability'. The claimant does not need to prove negligence, only that the harm was caused.

Examples

1. Manufacturers face strict liability for injuries caused by defective products.

2. Speeding is a strict liability offence in England, so the driver's intentions are irrelevant.

Common phrases

strict liability offence · impose strict liability · strict liability in tort · fault-based liability

lawyer

noun

Meaning

A person trained and qualified in law who advises clients and represents them in legal matters; the general word that covers attorneys, solicitors and barristers.

Where you use it

The neutral everyday word in both British and American English. People 'hire', 'consult' or 'speak to' a lawyer. Formal documents prefer more specific titles: attorney in the US, solicitor or barrister in England and Wales.

Examples

1. You should speak to a lawyer before you sign the settlement.

2. She has been a lawyer for twelve years and specialises in employment disputes.

Common phrases

hire a lawyer · consult a lawyer · defence lawyer · in-house lawyer · lawyer for the claimant

attorney

noun

Meaning

A lawyer, especially in the United States, who is licensed to advise clients and represent them in court; more generally, a person allowed to act for someone else.

Where you use it

The standard American word, often in 'attorney at law' and 'defense attorney'. In the UK it appears mainly in 'power of attorney' and in the title 'Attorney General'. The plural is 'attorneys'.

Examples

1. Her attorney advised her not to comment on the case in public.

2. The firm employs forty attorneys in its New York office.

Common phrases

defense attorney · attorney at law · retain an attorney · attorney's fees

client

noun

Meaning

A person or organisation that receives advice or services from a lawyer or law firm and pays for them.

Where you use it

Lawyers 'act for', 'advise', 'represent' and 'take instructions from' clients. Common phrases include 'client meeting', 'client confidentiality' and 'on behalf of our client'. Communications with clients are usually protected by privilege.

Examples

1. We write on behalf of our client, Atlas Logistics Ltd, regarding the unpaid invoice.

2. I can't discuss the details; it's a matter of client confidentiality.

Common phrases

act for a client · on behalf of our client · client confidentiality · client meeting · take instructions from a client

law firm

noun

Meaning

A business in which lawyers work together to provide legal services to clients, often organised as a partnership.

Where you use it

Used for practices of all sizes, from small local firms to international firms with thousands of lawyers. People 'join' or 'work at' a law firm, and clients 'instruct' one. Senior owners are 'partners'; employed lawyers are often 'associates'.

Examples

1. After graduating, he joined a mid-sized law firm in Istanbul.

2. The bank has instructed an international law firm to handle the dispute.

Common phrases

join a law firm · international law firm · partner at a law firm · instruct a law firm

counsel

noun

Meaning

The lawyer or lawyers who represent a party in court; in the UK it often means a barrister. A lawyer employed by a company is called in-house counsel.

Where you use it

Formal and very common in court: 'counsel for the claimant', 'leading counsel', 'counsel submitted that…'. The same form is used for one lawyer or several. In US companies the head of the legal team is often the 'general counsel'.

Examples

1. Counsel for the defendant asked for a short adjournment.

2. She left private practice to become in-house counsel at a technology company.

Usage note

Do not confuse 'counsel' (lawyer, advice) with 'council' (an elected body such as a city council); they sound the same. For several lawyers, say 'counsel', not 'counsels'.

Common phrases

counsel for the claimant · in-house counsel · general counsel · leading counsel · instruct counsel

solicitor

noun

Meaning

In England, Wales and some other countries, a lawyer who advises clients directly, prepares documents and runs cases, but usually does not argue in the higher courts.

Where you use it

Clients 'instruct' or 'consult' a solicitor. Solicitors work in firms and may 'instruct a barrister' for advocacy in court. Solicitors who gain extra rights of audience can become 'solicitor-advocates'.

Examples

1. Our solicitors will send you a draft of the agreement next week.

2. She qualified as a solicitor in 2019 and now works for a commercial firm.

Usage note

In the US 'solicitor' is not a general word for a lawyer; it appears mainly in official titles such as 'Solicitor General'.

Common phrases

instruct a solicitor · firm of solicitors · trainee solicitor · solicitor-advocate · qualify as a solicitor

barrister

noun

Meaning

In England, Wales and some other common law countries, a lawyer who specialises in arguing cases in court and giving expert legal opinions.

Where you use it

Barristers usually work in 'chambers', not firms, and are mostly 'instructed' by solicitors. They 'appear in court', 'draft pleadings' and 'give opinions'. Senior barristers can be appointed King's Counsel (KC).

Examples

1. We will instruct a barrister to represent the company at the trial.

2. The barrister's written opinion says our claim has good prospects.

Usage note

Until 2022 the senior title was Queen's Counsel (QC); after the change of monarch it became King's Counsel (KC).

Common phrases

instruct a barrister · barrister's chambers · junior barrister · practise as a barrister

bar

noun

Meaning

The legal profession as a whole, especially lawyers who are allowed to argue in court; in the UK it means barristers as a group.

Where you use it

Found in fixed phrases: 'be called to the bar' (become a barrister in the UK), 'be admitted to the bar' (US), 'pass the bar exam', 'bar association'. In the US, 'the bar' includes all licensed attorneys.

Examples

1. He passed the New York bar exam on his first attempt.

2. She was called to the bar in 2015 and practises in commercial law.

Common phrases

bar exam · bar association · called to the bar · admitted to the bar · member of the bar

paralegal

noun

Meaning

A person trained in legal work who helps lawyers with tasks such as research, preparing documents and managing files, but is not a qualified lawyer.

Where you use it

A common job title in UK and US law firms and in-house legal teams. Paralegals 'assist with' due diligence, disclosure and preparing court bundles. Many law graduates work as paralegals before they qualify.

Examples

1. Our paralegal will prepare the court bundle and send it to you on Monday.

2. She worked as a paralegal for a year while studying for her exams.

Common phrases

work as a paralegal · senior paralegal · paralegal support · litigation paralegal

LLB

abbreviation

Meaning

Short for Bachelor of Laws, the standard undergraduate law degree in the UK and many other countries.

Where you use it

Written after a name or on a CV: 'Ayşe Demir, LLB (Hons)'. It is usually a three-year degree in England and Wales. Turkish law graduates often describe their four-year degree as an LLB on English CVs.

Examples

1. She holds an LLB from a Turkish university and an LLM from Leiden.

2. Applicants must have an LLB or an equivalent law degree.

Usage note

The double L comes from the Latin plural 'Legum' (of laws), which is why the English name is 'Bachelor of Laws', not 'Bachelor of Law'.

Common phrases

LLB degree · LLB (Hons) · hold an LLB · LLB graduate

LLM

abbreviation

Meaning

Short for Master of Laws, a postgraduate law degree, often one year long, that lawyers take to specialise in an area or to study abroad.

Where you use it

Very popular among Turkish lawyers: 'do an LLM in international commercial law'. Also written LL.M. In the US, an LLM can help some foreign-trained lawyers qualify to sit certain state bar exams, such as New York's.

Examples

1. After three years in practice, he went to London to do an LLM in competition law.

2. Many LLM programmes accept applications until the end of January.

Common phrases

do an LLM · LLM programme · LLM in international law · LLM student

JD

abbreviation

Meaning

Short for Juris Doctor, the main professional law degree in the United States, taken after a first university degree and usually lasting three years.

Where you use it

Most US states require a JD from an approved law school before you can take the bar exam. It is written after a name or on a CV. Although the name contains 'Doctor', it is not a research doctorate like a PhD.

Examples

1. She earned her JD in 2019 and joined a litigation firm in Chicago.

2. Unlike in Turkey, students in the US start a JD only after finishing a bachelor's degree.

Usage note

Do not translate JD as 'hukuk doktorası' on a CV; it is a first professional law degree, not a PhD.

Common phrases

earn a JD · JD degree · JD program · JD candidate

legal advice

noun

Meaning

Guidance from a qualified lawyer about what the law means for a particular person's situation and what options they have.

Where you use it

People 'seek', 'get' or 'take' legal advice, and lawyers 'give' or 'provide' it. Websites and articles often say they 'do not constitute legal advice', because general information is not advice on a specific case. Communications made to obtain legal advice are often protected by privilege.

Examples

1. Before signing the lease, she got independent legal advice.

2. This article is for general information and is not legal advice.

Usage note

'Advice' is uncountable: say 'some legal advice' or 'a piece of legal advice', never 'advices'. The verb is 'advise', spelt with s.

Common phrases

seek legal advice · take legal advice · independent legal advice · free legal advice · legal advice privilege

notary

noun

Meaning

An official authorised to certify signatures and documents and to prepare certain legal deeds, so that they can be relied on in court or abroad.

Where you use it

Often called a 'notary public'. Documents are 'notarised' (US 'notarized') and may also need an apostille for use in another country. In civil law countries such as Turkey, notaries are trained lawyers with wide powers; in the US a notary public is usually not a lawyer and mainly witnesses signatures.

Examples

1. The power of attorney must be signed before a notary.

2. We need a notarised translation of the birth certificate.

Common phrases

notary public · before a notary · notarised copy · notarial deed

partner

noun

Meaning

In a law firm, a senior lawyer who co-owns the firm or holds an equivalent senior position and is responsible for clients and junior lawyers.

Where you use it

Common titles are 'equity partner' (who shares the profits), 'salaried partner', 'managing partner' and 'senior partner'. Associates hope to 'make partner'. Emails and engagement letters often name the 'supervising partner' or 'partner in charge' of a matter.

Examples

1. The partner will review the draft before it goes to the client.

2. She made partner after nine years at the firm.

Common phrases

equity partner · managing partner · make partner · senior partner · partner in charge

associate

noun

Meaning

A lawyer employed by a law firm who is not a partner, usually with a few years' experience and working under the supervision of partners.

Where you use it

Firms use titles such as 'junior associate' and 'senior associate'. In US firms new lawyers join directly as 'first-year associates'. Associates do much of the research, drafting and due diligence, and record their time in billable hours.

Examples

1. A senior associate will handle the day-to-day work on your file.

2. Associates at the firm are expected to bill around 1,800 hours a year.

Usage note

In a law firm 'associate' does not mean 'ortak'; that is 'partner'. The best Turkish translation is usually 'avukat' or, for experienced associates, 'kıdemli avukat'.

Common phrases

senior associate · junior associate · first-year associate · associate lawyer

in-house counsel

noun

Meaning

A lawyer employed directly by a company or organisation to advise it on legal matters, instead of working for a law firm with many clients.

Where you use it

In-house lawyers work in the 'legal department' and often instruct 'external' or 'outside counsel' for litigation and large deals. The most senior in-house lawyer is often called 'General Counsel' (GC) or 'Head of Legal'. The phrase can refer to one person or a team: 'our in-house counsel'.

Examples

1. Our in-house counsel reviewed the contract before it was sent to the supplier.

2. After six years in private practice, he moved in-house as counsel to a pharmaceutical company.

Common phrases

in-house legal team · move in-house · external counsel · general counsel · in-house lawyer

legal aid

noun

Meaning

Public funding that pays for legal advice or representation for people who cannot afford a lawyer, especially in criminal and family cases.

Where you use it

People 'apply for', 'qualify for' or 'receive' legal aid, usually after a means test. Lawyers may say a client is 'on legal aid'. Cuts to legal aid budgets are a frequent topic in the UK. In the US, criminal defendants who cannot pay are often represented by a 'public defender'.

Examples

1. She could not afford a lawyer, so she applied for legal aid.

2. Fewer family cases now qualify for legal aid.

Common phrases

apply for legal aid · qualify for legal aid · legal aid lawyer · legal aid funding · on legal aid

conflict of interest

noun

Meaning

A situation in which a lawyer or other professional cannot act fairly for someone because of their own interests or a duty they owe to another person.

Where you use it

Before taking a new client, firms 'run a conflict check'. Lawyers must 'declare', 'disclose' or 'avoid' conflicts and may have to 'decline' or 'withdraw from' a matter. Acting for both sides of the same dispute is the classic example. The plural is 'conflicts of interest'.

Examples

1. We cannot act for the buyer because of a conflict of interest: we already represent the seller.

2. The board member declared a conflict of interest and left the room during the vote.

Common phrases

run a conflict check · declare a conflict of interest · potential conflict of interest · avoid conflicts of interest

attorney-client privilege

noun

Meaning

The rule that confidential communications between a lawyer and client made for legal advice are protected, so the client cannot normally be forced to reveal them.

Where you use it

The US name. In England the equivalent is 'legal professional privilege', divided into 'legal advice privilege' and 'litigation privilege'. Protected documents are 'privileged', clients may 'waive privilege', and emails are often marked 'Privileged & Confidential'. Advice from in-house lawyers is not protected in every system.

Examples

1. These emails are protected by attorney-client privilege and do not have to be produced.

2. Forwarding the advice to a third party may waive attorney-client privilege.

Common phrases

protected by attorney-client privilege · waive privilege · legal professional privilege · privileged and confidential

bar exam

noun

Meaning

The professional examination that law graduates must pass before they are allowed to practise as lawyers, especially in a US state.

Where you use it

Mainly American: candidates 'take', 'sit', 'pass' or 'fail' the bar exam, usually after a JD and months of study. Each state sets its own requirements, although many use a common national exam. In England and Wales, solicitors now qualify through the SQE (Solicitors Qualifying Examination).

Examples

1. She is studying for the New York bar exam this summer.

2. He passed the bar exam on his second attempt.

Common phrases

take the bar exam · pass the bar exam · fail the bar exam · bar exam results · study for the bar exam

v.

abbreviation

Meaning

Short for the Latin word 'versus' (against); placed between the names of the parties in the title of a court case.

Where you use it

Case names are written 'Smith v. Jones' in American style or 'Smith v Jones' in British style, usually in italics. The first name is normally the party who started the case or, in some courts, the appeal.

Examples

1. Our case is listed as Kaya v. Northline Ltd and will be heard on Thursday.

2. When you write a case name, put 'v.' between the parties and use italics.

Usage note

Read it aloud as 'versus' or 'vee' in the US. In England, civil cases are traditionally read with 'and' (Smith and Jones) and criminal cases with 'against' (the Crown against Smith).

Common phrases

Smith v. Jones · the case of A v. B · R v. Smith

pro bono

adjective

Meaning

Done by a lawyer without charging a fee, usually to help people or organisations that cannot afford legal services; from the Latin for 'for the public good'.

Where you use it

Used as an adjective ('pro bono work', 'a pro bono case') and as an adverb ('she took the case pro bono'). Many large firms run pro bono programmes and expect their lawyers to do a certain number of pro bono hours.

Examples

1. The firm handles several pro bono cases for local charities every year.

2. He agreed to represent the family pro bono.

Common phrases

pro bono work · on a pro bono basis · take a case pro bono · pro bono programme

prima facie

adjective

Meaning

Based on what is first seen or known, before closer examination; in law, enough to support a claim unless the other side proves otherwise.

Where you use it

Mostly in 'prima facie case' and 'prima facie evidence'. A claimant who 'establishes a prima facie case' puts pressure on the defendant to answer it. Also used as an adverb: 'the clause is prima facie valid'.

Examples

1. The emails provide prima facie evidence that the parties had agreed on a price.

2. If we can show a prima facie case, the employer will have to explain its decision.

Common phrases

prima facie case · prima facie evidence · establish a prima facie case · prima facie valid

bona fide

adjective

Meaning

Real and honest, or acting in good faith without any intention to deceive; from the Latin for 'in good faith'.

Where you use it

Common phrases: 'bona fide purchaser' (someone who buys without knowing of a problem with the seller's title), 'bona fide offer', 'bona fide dispute'. The related noun 'bona fides' means a person's honesty or genuine status: 'check their bona fides'.

Examples

1. A bona fide purchaser who paid a fair price may be protected even if the seller had no right to sell.

2. We need to confirm that this is a bona fide offer before advising the board.

Common phrases

bona fide purchaser · bona fide offer · bona fide dispute · check someone's bona fides

de facto

adjective

Meaning

Existing in reality or in practice, even if not officially established by law; the opposite of 'de jure', which means 'by law'.

Where you use it

Used as an adjective ('a de facto director', 'de facto control') or as an adverb ('the rule became de facto law'). In company law a 'de facto director' acts as a director without being formally appointed and may have the same duties.

Examples

1. Although he was never appointed, the court treated him as a de facto director.

2. English has become the de facto language of international arbitration.

Common phrases

de facto director · de facto control · de facto standard · de facto and de jure

inter alia

adverb

Meaning

A Latin expression meaning 'among other things', used to show that only some items from a longer list are being mentioned.

Where you use it

Found in judgments, pleadings and formal letters: 'The claimant seeks, inter alia, damages and an injunction.' It is usually set off by commas. Plain-English writers often replace it with 'among other things' or 'including'.

Examples

1. The court considered, inter alia, the length of the delay and the cost to the defendant.

2. The agreement covers, inter alia, pricing, delivery and warranties.

Common phrases

consider, inter alia, · provide, inter alia, that · seek, inter alia,

stare decisis

noun

Meaning

The principle that courts should follow earlier decisions on the same legal question, so that the law stays consistent and predictable; Latin for 'to stand by things decided'.

Where you use it

The foundation of precedent in common law systems. Writers discuss 'the doctrine of stare decisis' and when a top court may 'depart from' its own earlier decisions. Mostly used in academic writing and appeal judgments.

Examples

1. Under stare decisis, the lower court had no choice but to follow the earlier ruling.

2. This week's seminar compares stare decisis in England with the role of case law in Turkey.

Common phrases

doctrine of stare decisis · principle of stare decisis · depart from stare decisis

ratio decidendi

noun

Meaning

The legal reasoning that is necessary for a court's decision and that binds later courts; Latin for 'the reason for deciding'.

Where you use it

Often shortened to 'the ratio'. Law students are asked to 'identify the ratio' of a case and separate it from obiter dicta. Finding the ratio can be difficult when several judges give different reasons.

Examples

1. In your answer, identify the ratio decidendi of the case in no more than two sentences.

2. The ratio decidendi is narrow, so it may not apply to online contracts.

Common phrases

identify the ratio decidendi · the ratio of the case · binding ratio

obiter dictum

noun

Meaning

A comment or opinion in a judgment that is not necessary for the decision and is therefore not binding on later courts, although it may be persuasive.

Where you use it

Often shortened to 'obiter': 'the judge said, obiter, that…'. Lawyers argue about whether a statement is 'ratio or obiter'. Comments from a supreme court can carry great weight even when they are obiter.

Examples

1. The judge's remarks about online contracts were obiter dictum, so they do not bind us.

2. Even if it is only an obiter dictum, the comment shows how the court may decide in future.

Usage note

The plural is 'obiter dicta'.

Common phrases

said obiter · obiter remarks · ratio or obiter · persuasive obiter dicta

res judicata

noun

Meaning

The principle that once a court has made a final decision on a matter, the same parties cannot bring the same claim again; Latin for 'a matter already judged'.

Where you use it

A defendant may 'raise' or 'plead' res judicata to stop a second case. English lawyers also speak of 'cause of action estoppel' and 'issue estoppel', and US writers often use 'claim preclusion' and 'issue preclusion'.

Examples

1. The second claim was struck out as res judicata because the same dispute had been decided in 2021.

2. Before we issue proceedings, check whether res judicata could be raised against us.

Common phrases

plead res judicata · raise res judicata · barred by res judicata · doctrine of res judicata

per se

adverb

Meaning

A Latin phrase meaning 'by itself' or 'in itself', used to say that something is true without needing anything else to be shown.

Where you use it

Used in judgments and in educated everyday English: 'not unlawful per se', 'a per se rule', 'negligence per se'. It often appears in negative sentences to say that something is not wrong in itself but may become wrong in certain circumstances.

Examples

1. Using a competitor's name in an advertisement is not per se unlawful.

2. Delay per se does not prove that the contractor was negligent.

Usage note

Write 'per se' as two words; the misspelling 'per say' is common.

Common phrases

not per se · per se rule · negligence per se · unlawful per se

de jure

adjective

Meaning

A Latin phrase meaning 'by law' or 'according to law', describing a situation that exists officially and legally, whether or not it exists in practice.

Where you use it

Usually contrasted with 'de facto': a 'de jure' director has been formally appointed, while a 'de facto' director acts as one without an appointment. It is also used in international law about the recognition of governments and in discussions of discrimination ('de jure segregation').

Examples

1. He is the de jure owner, but his brother has run the business for years.

2. The question is whether the company was the de jure employer or only the de facto one.

Common phrases

de jure and de facto · de jure director · de jure recognition · de jure discrimination

ultra vires

adjective

Meaning

A Latin phrase meaning 'beyond the powers', used when a public authority, company or official acts outside the legal powers it has been given.

Where you use it

Central in UK public law: a decision or regulation that is 'ultra vires' can be quashed on judicial review. It is used as an adjective ('the regulation is ultra vires') and as an adverb ('the council acted ultra vires'). The opposite is 'intra vires'.

Examples

1. The court held that the minister had acted ultra vires.

2. If the regulation is ultra vires, the fines imposed under it are invalid.

Common phrases

act ultra vires · ultra vires decision · ultra vires and void · intra vires

ex parte

adjective

Meaning

A Latin phrase describing an application or order made by one party without the other side being told or present, usually in urgent cases.

Where you use it

Used for urgent injunctions or freezing orders where warning the other side could defeat the purpose. The other side normally gets a chance to challenge the order at a later hearing. English civil procedure now prefers the term 'without notice', but 'ex parte' is still common in the US and elsewhere.

Examples

1. The bank obtained an ex parte freezing order over the debtor's accounts.

2. The judge heard the application ex parte because of the risk that evidence would be destroyed.

Common phrases

ex parte application · ex parte order · ex parte hearing · heard ex parte

mutatis mutandis

adverb

Meaning

A Latin phrase meaning 'with the necessary changes', used when rules written for one situation are to be applied to another similar situation.

Where you use it

Common in contracts, treaties and statutes: 'Clause 8 shall apply mutatis mutandis to the Subcontractor.' It saves repeating long provisions, but can cause disputes about which changes are 'necessary'. It usually comes at the end of the sentence.

Examples

1. The confidentiality provisions apply mutatis mutandis to any information received from affiliates.

2. The rules on sales apply mutatis mutandis to exchange contracts.

Common phrases

apply mutatis mutandis · shall apply mutatis mutandis

amicus curiae

noun

Meaning

A Latin phrase meaning 'friend of the court': a person or organisation that is not a party but gives the court information or arguments on an issue of wider importance.

Where you use it

Common in US appeals, where interest groups 'file an amicus brief', and before international courts. The European Court of Human Rights calls the same thing a 'third-party intervention'. The plural is 'amici curiae', and people often just say 'amicus' or 'amici'.

Examples

1. Several human rights organisations filed amicus curiae briefs in the case.

2. The court invited a law professor to act as amicus curiae on the technical questions.

Common phrases

amicus curiae brief · file an amicus brief · act as amicus curiae · amici curiae

in camera

adverb

Meaning

A Latin phrase meaning 'in private', describing a hearing or part of a hearing held without the public and the press present.

Where you use it

Courts 'sit in camera' or 'hear evidence in camera' to protect children, national security information or trade secrets. In English civil procedure 'in private' is now more common. In US practice, 'in camera review' means the judge reads a document privately to decide whether it must be disclosed.

Examples

1. The child's evidence was heard in camera.

2. The judge reviewed the disputed documents in camera before ruling on privilege.

Usage note

The phrase has nothing to do with cameras or filming; it comes from the Latin for 'in the chamber'.

Common phrases

heard in camera · sit in camera · in camera hearing · in camera review

clause

noun

Meaning

A numbered section of a contract or other legal document that deals with one particular point, such as payment, termination or confidentiality.

Where you use it

Contracts are made of clauses, often with sub-clauses: 'clause 4.2(b)'. Lawyers 'draft', 'insert', 'delete', 'negotiate' and 'rely on' clauses. Typical names: termination clause, confidentiality clause, force majeure clause.

Examples

1. Clause 12 allows either party to terminate the agreement with ninety days' notice.

2. The other side wants to delete the non-compete clause entirely.

Usage note

Turkish 'madde' has several English equivalents: contracts have 'clauses', UK statutes have 'sections', and constitutions and many international texts have 'articles'.

Common phrases

termination clause · confidentiality clause · insert a clause · under clause 5 · force majeure clause

draft

verb

Meaning

To write a legal document such as a contract, letter or court submission, usually as a first version that others will review and change.

Where you use it

A daily task for junior lawyers: 'draft a contract', 'draft a letter before action', 'draft submissions'. As a noun, 'a draft' is an unfinished version: 'first draft', 'final draft'. 'Drafting' is also the name of the skill itself.

Examples

1. Can you draft a reply to their letter and send it to me by four?

2. The agreement was poorly drafted, which is why both sides read clause 9 differently.

Common phrases

draft a contract · first draft · poorly drafted · draft submissions · drafting skills

provision

noun

Meaning

A part of a law or a legal document that states a particular rule, condition or requirement.

Where you use it

A neutral formal word for any rule inside a text: 'the provisions of the Act', 'a provision in the lease'. Common phrases are 'under the provisions of', 'make provision for' and 'transitional provisions'.

Examples

1. The lease contains no provision for early termination.

2. These provisions apply only to contracts signed after 1 January.

Usage note

Outside law, 'provision' also means supplying something, and in accounting it means an amount set aside for a future cost.

Common phrases

the provisions of the Act · contain a provision · make provision for · transitional provisions

shall

verb

Meaning

A modal verb used in contracts and laws to show that something is required, not simply that it will happen in the future.

Where you use it

Traditional in drafting: 'The Supplier shall deliver the goods…', 'Payment shall be made within 30 days'. 'Shall not' expresses a prohibition. Many modern drafters prefer 'must' because 'shall' is often used inconsistently, but you will meet 'shall' in almost every contract.

Examples

1. The Tenant shall not sublet the property without the Landlord's written consent.

2. Each party shall bear its own legal costs.

Usage note

In contracts 'shall' is not about the future. Translate it as an obligation ('-mekle yükümlüdür', '-ecektir'), and do not mix 'shall', 'will' and 'must' for the same idea in one document.

Common phrases

shall not · shall be entitled to · shall be deemed · shall remain in force

pursuant to

phrase

Meaning

A formal expression meaning 'according to' or 'as required by' a law, contract or other document.

Where you use it

Very common in contracts, court orders and formal letters: 'pursuant to clause 8', 'pursuant to section 21 of the Act'. Plain-English guides suggest 'under' instead, which is shorter and means the same.

Examples

1. Pursuant to clause 14, we hereby give notice of termination.

2. The documents were disclosed pursuant to a court order.

Common phrases

pursuant to clause · pursuant to the agreement · pursuant to section · pursuant to a court order

memorandum

noun

Meaning

A written document, often called a memo, in which a lawyer analyses a legal question and gives conclusions, usually for a colleague, a partner or a client.

Where you use it

Writing legal memoranda is a core task for trainees and law students. A typical one has the question presented, a short answer, the facts, a discussion and a conclusion. In company law, a 'memorandum of association' is a different document used to form a company.

Examples

1. Please prepare a short memorandum on whether the non-compete clause is enforceable.

2. The partner reviewed my memorandum and asked me to add two recent cases.

Usage note

In formal writing the plural is 'memoranda', although 'memorandums' is also accepted.

Common phrases

legal memorandum · draft a memorandum · research memorandum · memorandum of understanding

brief

noun

Meaning

In the US, a written argument that a lawyer submits to a court, especially an appeal court; in the UK, the instructions and papers a solicitor sends to a barrister for a case.

Where you use it

US lawyers 'file a brief', 'write an appellate brief' or submit an 'amicus brief'. In the UK a barrister 'receives a brief' or 'is briefed'. In general business English, the verb 'brief someone' means to give them the key information.

Examples

1. Our brief to the appeals court is due in thirty days.

2. The barrister received the brief only two days before the hearing.

Common phrases

file a brief · appellate brief · amicus brief · brief counsel

cite

verb

Meaning

To mention a case, statute or other source as support for an argument, using a standard form that tells readers exactly where to find it.

Where you use it

Lawyers 'cite authority' for every legal point. The noun 'citation' means both the act and the reference itself, for example a case citation. Well-known citation guides include OSCOLA in the UK and The Bluebook in the US.

Examples

1. Can you cite any authority for that proposition?

2. The judge cited three earlier decisions in support of her conclusion.

Usage note

'Cite', 'site' and 'sight' all sound the same (/saɪt/); only 'cite' means to refer to a source.

Common phrases

cite a case · cite authority · case citation · cited with approval

draw up

phrasal verb

Meaning

To prepare a formal written document, such as a contract, a will or a list, usually carefully and in its complete form.

Where you use it

Common in client conversations and everyday legal English: 'draw up a contract', 'draw up a will', 'draw up a list of issues'. It sounds slightly less technical than 'draft'. Past forms: drew up, drawn up.

Examples

1. We can draw up a simple partnership agreement for you this week.

2. The will was drawn up by a solicitor in 2015 and has never been changed.

Common phrases

draw up a contract · draw up a will · draw up a list · draw up terms

hereinafter

adverb

Meaning

A formal word in legal documents meaning 'from this point on in this document', used mainly to introduce a short name for a party or thing.

Where you use it

Typical at the start of contracts: 'Atlas Trading Ltd (hereinafter referred to as the Seller)'. Many modern drafters drop it and simply write '(the Seller)', which has the same effect.

Examples

1. This Agreement is made between Atlas Trading Ltd (hereinafter the Seller) and Derin Gıda A.Ş. (hereinafter the Buyer).

2. Do we really need 'hereinafter' in every definition, or can we simplify the drafting?

Common phrases

hereinafter referred to as · hereinafter called · hereinafter the Agreement

notwithstanding

adverb

Meaning

A formal word meaning 'despite' or 'regardless of', used in legal texts to show that one rule applies even if another rule seems to say something different.

Where you use it

Usually works like a preposition at the start of a sentence: 'Notwithstanding clause 5, the Buyer may…'. 'Notwithstanding anything to the contrary in this Agreement' gives a clause priority over all the others. It can also follow its noun: 'clause 5 notwithstanding'.

Examples

1. Notwithstanding clause 8, either party may terminate this Agreement if the other becomes insolvent.

2. Notwithstanding the judge's comments, the appeal court reached a different conclusion.

Common phrases

notwithstanding clause · notwithstanding anything to the contrary · notwithstanding the foregoing

legal opinion

noun

Meaning

A formal written statement in which a lawyer gives a professional view on a legal question, such as whether a contract is valid or a company may sign it.

Where you use it

In banking and corporate deals, lenders often require legal opinions on 'capacity and authority' and 'enforceability' from lawyers in each relevant country. Lawyers 'give', 'issue' or 'render' an opinion, usually based on stated 'assumptions' and 'qualifications'. In England a barrister's written advice is called 'counsel's opinion'.

Examples

1. The bank will not release the funds until it receives a legal opinion from Turkish counsel.

2. Please send us your legal opinion on whether the clause is valid under local law.

Common phrases

issue a legal opinion · enforceability opinion · capacity opinion · counsel's opinion · opinion letter

hereby

adverb

Meaning

A formal word meaning 'by means of this document or statement', used when writing or saying something itself has a legal effect.

Where you use it

Typical of notices, contracts and official declarations: 'We hereby give notice…', 'The Seller hereby assigns…', 'I hereby certify that…'. It is placed just before the main verb. Plain-English drafters often remove it, because the sentence works without it.

Examples

1. We hereby terminate the agreement with immediate effect.

2. I hereby confirm that the information given above is true.

Common phrases

hereby give notice · hereby certify · hereby agree · hereby assign · hereby confirm

thereof

adverb

Meaning

A formal word meaning 'of it' or 'of that', referring back to something just mentioned in a legal text.

Where you use it

Common in contracts and statutes: 'the Property or any part thereof', 'the date of receipt thereof', 'in lieu thereof'. It belongs to a family of old-fashioned words such as thereto, therein, thereunder and hereof. Plain-English drafting replaces it with 'of it' or by repeating the noun.

Examples

1. The Tenant shall not assign the lease or any part thereof.

2. The Licensee may use the Software and any updates thereof during the term.

Usage note

Use 'thereof' only for something already mentioned. Learners often overuse it; 'of it' or 'its' is usually clearer.

Common phrases

any part thereof · the terms thereof · in lieu thereof · the date thereof

deem

verb

Meaning

To treat something as true or as having a certain effect for legal purposes, even if it may not be so in fact.

Where you use it

Very common in contracts and statutes, usually in the passive: 'shall be deemed to', 'is deemed to have accepted', 'deemed received'. A 'deeming provision' creates a legal fiction, for example that a notice sent by email is received the next business day. In formal everyday English it means 'consider': 'if deemed necessary'.

Examples

1. Any notice sent by email shall be deemed received on the next business day.

2. If the buyer does not object within ten days, the goods are deemed accepted.

Common phrases

shall be deemed · deemed to have · deemed received · if deemed necessary · deeming provision

subject to

phrase

Meaning

A phrase showing that one provision depends on, or is limited by, another rule, condition or provision.

Where you use it

Everywhere in contracts: 'subject to clause 10', 'subject to the terms of this Agreement', 'subject to approval'. It tells the reader which provision wins in a conflict. 'Subject to contract' on UK letters means the parties are not yet bound. 'Be subject to' also means 'be governed by': 'subject to English law'.

Examples

1. Subject to clause 12, the Supplier's total liability shall not exceed the fees paid.

2. The sale is subject to the approval of the competition authority.

Usage note

'Subject to' and 'notwithstanding' work in opposite directions: 'subject to X' means X wins, while 'notwithstanding X' means this provision wins over X.

Common phrases

subject to clause · subject to contract · subject to approval · subject to the terms · subject to English law

in accordance with

phrase

Meaning

A formal phrase meaning 'following' or 'in a way that agrees with' a rule, law, agreement or instruction.

Where you use it

One of the most frequent phrases in legal and official writing: 'in accordance with the law', 'in accordance with clause 7', 'in accordance with your instructions'. It is close to 'pursuant to' and 'under', but focuses on doing something in the correct way.

Examples

1. The meeting was called in accordance with the articles of association.

2. Personal data will be processed in accordance with applicable law.

Usage note

The preposition is always 'with': say 'in accordance with', not 'in accordance to'.

Common phrases

in accordance with the law · in accordance with clause · in accordance with the terms · in accordance with instructions

provided that

phrase

Meaning

A phrase that adds a condition or exception to what has just been said: the main rule applies only if the condition is met.

Where you use it

Traditional in contracts and statutes: 'The Buyer may terminate, provided that it gives 30 days' notice.' A condition introduced this way is called a 'proviso'. Plain-English guides suggest 'if' or 'but' instead, because long provisos can make it unclear what is being limited.

Examples

1. The tenant may keep a pet, provided that it does not disturb the neighbours.

2. Either party may assign this Agreement, provided that the other party consents in writing.

Common phrases

provided that · provided always that · provided, however, that

including but not limited to

phrase

Meaning

A phrase placed before a list to show that the items are only examples and that other similar things are also covered.

Where you use it

Very common in contracts: 'any loss, including but not limited to loss of profit…'. Drafters use it to stop a court from reading a list as complete. Shorter versions are 'including without limitation' and simply 'including', often with a clause stating that 'including' is not limiting.

Examples

1. The Supplier is responsible for all costs, including but not limited to transport and insurance.

2. Confidential Information means all business information, including but not limited to customer lists and pricing data.

Common phrases

including but not limited to · including without limitation · without limiting the generality of

legalese

noun

Meaning

Complicated legal language full of long sentences, old-fashioned words and Latin phrases that ordinary readers find hard to understand.

Where you use it

A critical, informal word: people complain that a contract is 'full of legalese' or ask a lawyer to 'cut the legalese'. The 'plain English' or 'plain language' movement encourages lawyers to write clear, short sentences, and many regulators now expect this, especially in consumer documents.

Examples

1. The terms and conditions are written in such dense legalese that nobody reads them.

2. Can you rewrite this letter without the legalese? The client is not a lawyer.

Common phrases

full of legalese · cut the legalese · dense legalese · plain English

article

noun

Meaning

A numbered part of a constitution, code, treaty or regulation; in English translations of Turkish laws, each 'madde' is normally called an article.

Where you use it

Used in civil law codes, constitutions, EU legislation and treaties: 'Article 6 of the Convention', 'under Article 49 of the Code'. Common law statutes use 'section' instead, and contracts mostly use 'clause'. It is abbreviated as 'Art.' and written with a capital A before a number.

Examples

1. Article 10 of the Convention protects freedom of expression, but the right is not absolute.

2. Please state the article of the Code on which the claim is based.

Usage note

Turkish 'madde' can be 'article', 'section' or 'clause' in English. Use 'article' for codes, constitutions and treaties, 'section' for UK and US statutes, and 'clause' for contracts.

Common phrases

Article 5 of · under Article · paragraph 2 of Article · articles of association

section

noun

Meaning

A numbered part of a statute in common law countries, such as section 3 of an Act; it is divided into subsections and paragraphs.

Where you use it

Cited as 's. 3', 'section 3(2)(a)' or, in US texts, with the symbol '§'. The usual order is section, subsection, paragraph and sub-paragraph. In contracts and other documents, 'section' may simply mean a part or heading of the text.

Examples

1. Under section 14 of the Act, the landlord must give two months' notice.

2. The relevant rule is in section 3(2)(a).

Common phrases

section 3 of the Act · under section · subsection · section heading