COLLEGE OF SOCIAL SCIENCE PHILOLOGY DEPARTMENT ENGLISH STUDY PROGRAM

THE MOST COMMONLY USED LINGUISTIC MEANS IN THE FORMAL LEGAL LANGUAGE
COURSE WORK

2U group student KARINA SONGAILAITE Course work supervisor KRISTINA DREVINSKIENE (Evaluation) (Signature) (Supervisors name, surname) (Data)

Klaipeda, 2008

CONTENT
Introduction..3 1. Linguistic means of the English language .....4 1.1. Sentence structure, word order and syntaxes ..4 1.2. Forms of noun, pronoun, adjective .....5 1.3. Forms of verb, phrasal verbs, voices, infinitive. .9 2. Differences between formal and informal English......12 2.1. Usage of formal and informal English ...13 2.2. Differences in vocabulary.......14 3. Linguistic means in the formal legal language ...17 3.1. Usage of passive voice in formal documents.17 3.2. Infinitive forms in legal language...19 3.3. Peculiarities of the professional legal vocabulary..22 3.4. Conjunctions and adverbs..27 Conclusion ..31 Bibliography33

Introduction
The present paper focuses on the most commonly used linguistic means in formal legal language. In formal legal language there are used many linguistic means, such as phrassal verbs, infinitives, different forms of verbs, specific expressions and vocabulary. In this course work we will discuss the main linguistic means in formal language, also give some exaples of formal documents, letters. This course works goal is to show the main linguistic means used in formal legal language. Formal is the level of written American English suitable for and typical of the most elevated conventional writing. Like Edited English, Formal English is the language most publishers require of their authors of serious expository and argumentative works; it is the level of language used most often in the judicial opinions of justicesideally, at leastand in the written pronouncements of major governmental figures. It is also the level of language required in formal correspondence for either public or personal communication. Letters to people you do not know, as well as instructions and reports designed to be seen by readers of unknown constituency and tastes, are usually best couched in Formal Written English. It comes closer than any other level to being able to serve as a written lingua franca both for native users and for those who use English as a second language. At its best it will be restrained but not stuffy, precise but not precious, clear but not simplistic. It will be correct and never overfamiliar, and it will have a natural dignity, yet it will never suggest any hint of superiority. It will serve for an essay in political theory or a letter of condolence, a declaration of independence or a preamble to a constitution, a statement of principle or an editorial on national policy. The main task of this course paper is to find out what linguistic means are usually used in formal legal language. To fulfill this task we formulated the objectives as follow: To analyse the main linguistic means used in language; To analyse differences of formal and informal English; To analyse the usage formal legal language; To analyse the most usually used linguistic means in formal English.

1. Linguistic means of the English language

In linguistics, meaning is the content carried by the words or signs exchanged by people when communicating through language. Restated, the communication of meaning is the purpose and function of language. A communicated meaning will (more or less accurately) replicate between individuals either a direct perception or some sentient derivation thereof. Meanings may take many forms, such as evoking a certain idea, or denoting a certain real-world entity. Linguistic meaning is studied in philosophy and semiotics, and especially in philosophy of language, philosophy of mind, logic, and communication theory. The most usually used linguistic means is different forms of verbs, forms of nouns, tenses, phrasal verbs, infinitive forms. Also in formal documents we can find used and different vocabulary or even sentence structure, word order. In the following paragraphs we will discuss these themes widely. 1.1. Sentence structure, word order and syntaxes A simple complete sentence consists of a subject and a predicate. The subject is typically a noun phrase, though other kinds of phrases (such as gerund phrases) work as well, and some languages allow subjects to be omitted. The predicate is a finite verb phrase: it's a finite verb together with zero or more objects, zero or more complements, and zero or more adverbials. In linguistics, word order typology refers to the study of the different ways in which languages arrange the constituents of their sentences relative to each other, and the systematic correspondences of between these arrangements. Some languages have relatively restrictive word orders, often relying on the order of constituents to convey important grammatical information. Others, often those that convey grammatical information through inflection, allow more flexibility which can be used to encode pragmatic information such as topicalisation or focus. Most languages however have some preferred word order which is used most frequently. These are all possible word orders for the subject, verb, and object in the order of most common to rarest:

SOV (subject, object, verb) languages include the prototypical Japanese, Turkish, Korean,

the Indo-Aryan languages and the Dravidian languages, as well as many others using this most common word order. Some, like Persian, have SOV normal word order but conform less to the general tendencies of other such languages. Sometimes patterns are more complex, German, and Dutch have SOV in subordinates, but V2 word order in main clauses, SVO word order being the most common. SOV in subordinates is trace of proto-Germanic SOV word order. Using the guidelines above, the unmarked word order is found to be SVO, such languages are said to have flexible word order, rather than rigid. Syntax: a. The study of the rules whereby words or other elements of sentence structure are combined to form grammatical sentences. b. A publication, such as a book, that presents such rules. c. The pattern of formation of sentences or phrases in a language. d. Such a pattern in a particular sentence or discourse. 2. Computer Science The rules governing the formation of statements in a programming language. 3. A systematic, orderly arrangement. To summarize, a simple complete sentence consists of a subject and a predicate. The subject is typically a noun phrase, though other kinds of phrases (such as gerund phrases) work as well. Some languages have relatively restrictive word orders, often relying on the order of constituents to convey important grammatical information; SOV (subject, object, verb) languages include the prototypical also very strict word order especially in formal English, as well as many others using this most common word order. But in informal speech in our day it is acceptable to talk as you wish because informal language and slang is mostly spread in English talking countries. 1.2. Forms of noun, pronoun, adjective Definition A noun is the name of a person, place, thing, or idea. Whatever exists, we assume, can be named, and that name is a noun. A proper noun, which names a specific person, place, or thing (Carlos, Queen Marguerite), is almost always capitalized. A proper noun used as an addressed person's name is called a noun of address. Common nouns name everything else, things that usually are not capitalized.

A group of related words can act as a single noun-like entity within a sentence. A Noun Clause contains a subject and verb and can do anything that a noun can do: What he does for this town is a blessing. A Noun Phrase, frequently a noun accompanied by modifiers, is a group of related words acting as a noun: The oil depletion allowance; the abnormal, hideously enlarged nose. There is a separate section on word combinations that become Compound Nouns such as daughter-in-law, half-moon, and stick-in-the-mud. CATEGORIES OF NOUN Nouns can be classified further as count nouns, which name

anything that can be counted (four books, two continents); mass nouns (or non-count nouns), which name something that can't be counted (water, air, energy, blood); and collective nouns, which can take a singular form but are composed of more than one individual person or items (jury, team, class, committee, herd). We should note that some words can be either a count noun or a noncount noun depending on how they're being used in a sentence: a. He got into trouble. (non-count) b. He had many troubles. (countable) c. Experience (non-count) is the best teacher. d. We had many exciting experiences (countable) in college. Whether these words are count or non-count will determine whether they can be used with articles and determiners or not. (We would not write "He got into the troubles," but we could write about "The troubles of Ireland." Forms of Nouns Nouns can be in the subjective, possessive, and objective case. The word case defines the role of the noun in the sentence. Is it a subject, an object, or does it show possession?

The English professor [subject] is tall. He chose the English professor [object]. The English professor's [possessive] car is green.

Nouns in the subject and object role are identical in form; nouns that show the possessive, however, take a different form. Usually an apostrophe is added followed by the letter s (except for plurals, which take the plural "-s" ending first, and then add the apostrophe). Almost all nouns change form when they become plural, usually with the simple addition of an -s or -es. Unfortunately, it's not always that easy, and a separate section on Plurals offers advice on the formation of plural noun forms.

What is a Pronoun? A pronoun can replace a noun or another pronoun. You use pronouns like " he," "which," "none," and "you" to make your sentences less cumbersome and less repetitive. Personal Pronouns A personal pronoun refers to a specific person or thing and changes its form to indicate person, number, gender, and case. Subjective Personal Pronouns A subjective personal pronoun indicates that the pronoun is acting as the subject of the sentence. The subjective personal pronouns are "I," "you," "she," "he," "it," "we," "you," "they." In the following sentences, each of the highlighted words is a subjective personal pronoun and acts as the subject of the sentence: I was glad to find the bus pass in the bottom of the green knapsack. After many years, they returned to their homeland. We will meet at the library at 3:30 p.m. An objective personal pronoun indicates that the pronoun is acting as an object of a verb, compound verb, preposition, or infinitive phrase. The objective personal pronouns are: "me," "you," "her," "him," "it," "us," "you," and "them." A demonstrative pronoun points to and identifies a noun or a pronoun. "This" and "these" refer to things that are nearby either in space or in time, while "that" and "those" refer to things that are farther away in space or time.

The demonstrative pronouns are " this," "that," "these," and "those." "This" and "that" are used to refer to singular nouns or noun phrases and "these" and "those" are used to refer to plural nouns and noun phrases. Note that the demonstrative pronouns are identical to demonstrative adjectives, though, obviously, you use them differently. It is also important to note that "that" can also be used as a relative pronoun. An interrogative pronoun is used to ask questions. The interrogative pronouns are "who," "whom," "which," "what" and the compounds formed with the suffix "ever" ("whoever," "whomever," "whichever," and "whatever"). Note that either "which" or "what" can also be used as an interrogative adjective, and that "who," "whom," or "which" can also be used as a relative pronoun. You will find "who," "whom," and occasionally "which" used to refer to people, and "which" and "what" used to refer to things and to animals. "Who" acts as the subject of a verb, while "whom" acts as the object of a verb, preposition, or a verbal What Is An Adjective? An adjective modifies a noun or a pronoun by describing, identifying, or quantifying word. An adjective usually precedes the noun or the pronoun which it modifies. In the following examples, the highlighted words are adjectives: The small boat foundered on the wine dark sea. The coal mines are dark and dank. The back room was filled with large, yellow rain boots. An adjective can be modified by an adverb, or by a phrase or clause functioning as an adverb. In the sentence A possessive adjective (``my,'' ``your,'' ``his,'' ``her,'' ``its,'' ``our,'' ``their'') is similar or identical to a possessive pronoun; however, it is used as an adjective and modifies a noun or a noun phrase, as in the following sentences: The demonstrative adjectives ``this,'' ``these,'' ``that,'' ``those,'' and ``what'' are identical to the demonstrative pronouns, but are used as adjectives to modify nouns or noun phrases, as in the following sentences: When the librarian tripped over that cord, she dropped a pile of books. In this sentence, the demonstrative adjective ``that'' modifies the noun ``cord'' and the noun phrase ``that cord'' is the object of the preposition ``over.'' This apartment needs to be fumigated.

An interrogative adjective (``which'' or ``what'') is like an interrogative pronoun, except that it modifies a noun or noun phrase rather than standing on its own (see also demonstrative adjectives and possessive adjectives): Which plants should be watered twice a week? Like other adjectives, ``which'' can be used to modify a noun or a noun phrase. In this example, ``which'' modifies ``plants'' and the noun phrase ``which paints'' is the subject of the compound verb ``should be watered'': What book are you reading? In this sentence, ``what'' modifies ``book'' and the noun phrase ``what book'' is the direct object of the compound verb ``are reading.'' An indefinite adjective is similar to an indefinite pronoun, except that it modifies a noun, pronoun, or noun phrase. As we can see there are many different kinds of forms of nouns, pronouns and adjectives. A noun is the name of a person, place, thing, or idea; proper noun, which names a specific person, place, or thing. Nouns can be classified as count nouns, which name anything that can be counted; mass nouns (or non-count nouns), which name something that can't be counted; and collective nouns, which can take a singular form but are composed of more than one individual person or items. Also a pronoun can replace a noun or another pronoun. You use pronouns like "he," "which," "none," and "you" to make your sentences less cumbersome. An adjective modifies a noun or a pronoun by describing, identifying, or quantifying word. 1.3. Verbs Words that express action or emotion. Verbs can be conjugated in many tenses of past, present, and future. The six forms that verbs are conjugated into are first, second, and third person singular object); and plural. He Some sees examples the of verbs house. include: run, We laugh, write, think. you. Transitive verbs: Verbs which have direct objects (no prepositions are needed to connect verb and believe Intransitive verbs: Verbs which do not have a direct object. This includes both intransitive verbs which take an indirect object (usually with a preposition), such as I spoke to him, and intransitive verbs which have no object at all, such as I aged slowly. Note that the same verb may be used in one Forms of verb, phrasal verbs, voices, infinitive

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context as a transitive verb (I read the green book), in another context as an intransitive verb with an indirect object (I read to my little sister ), and in yet another context as an indirect verb with no object Active voice: Passive voice: westward. (I happily read all day). When the subject is represented as acting; The boy loves his mother. When the subject is acted upon; The mother is loved by the boy. He was bad today. I will be ready tomorrow.

Indicative mood: Makes a direct statement or declaration, in the form of fact. The river flows The girl is very pretty. Imperative mood: Expresses commands, requests, permission and always has the subject in the second person (you) which is understood. Be on time. Talk to your mother. Give me the book. Subjunctive mood: Indicates doubt, supposition, uncertainty and presumes or imagines an action or state. If he were here, he would know what to do. It is necessary that you be on time. Irregular regular. 1. A phrasal verb is a verb plus a preposition or adverb which creates a meaning different from the original verb. Example: I ran into my teacher at the movies last night. RUN + INTO = MEET 2. Some phrasal verbs are intransitive. An intransitive verb cannot be followed by an object. Example: He suddenly showed up. "SHOW UP" CANNOT TAKE AN OBJECT 3. Some phrasal verbs are transitive. A transitive verb can be followed by an object. Example: I made up the story. "STORY" IS THE OBJECT OF "MAKE UP" 4. Some transitive phrasal verbs are separable. The object is placed between the verb and the preposition. In this Phrasal Verb Dictionary, separable phrasal verbs are marked by placing a * between the verb and the preposition / adverb. Example: She looked the phone number up. Voices The English language uses a periphrastic passive voice; that is, it is not a single word form, but rather a construction making use of other word forms. Specifically, it is made up of a form of the auxiliary verb to be and a past participle of the main verb. In other languages, such as

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Latin, the passive voice is simply marked on the verb by inflection: poemam legit "He reads the poem"; poema legitur "The poem is read". Some languages (such as Sanskrit, Icelandic and Classical Greek) have a middle voice. The middle voice is in the middle of the active and the passive voice because the subject cannot be categorized as either agent or patient but has elements of both. An intransitive verb that appears active but expresses a passive action characterizes the English middle voice. For example, in The casserole cooked in the oven, cooked appears syntactically active but semantically passive, putting it in the middle voice. It can occasionally be used in a causative sense, such as "The father causes his son to be set free", or "The father ransoms his son." Infinitive In grammar, infinitive is the name for certain verb forms that exist in many languages. In the usual (traditional) description of English, the infinitive of a verb is its basic form with or without the particle to: therefore, do and to do, be and to be, and so on are infinitives. As with many linguistic concepts, there is not a single definition of infinitive that applies to all languages; however, in languages that have infinitives, they generally have most of the following properties:

In most of their uses, infinitives are non-finite verbs. They function as other lexical categories usually nouns within the clauses that contain them, for example by serving as the subject of another verb. They do not represent any of the verb's arguments (as employer and employee do). They are not inflected to agree with any subject, and their subject, if they have one, is not case-marked as such. They cannot serve as the only verb of a declarative sentence. They are the verb's lemma, citation form, and/or name; that is, they are regarded as its basic uninflected form, and/or they are used in giving its definition or conjugation. They do not have tense, aspect, moods, and/or voice, or they are limited in the range of tenses, aspects, moods, and/or voices that they can use. (In languages where infinitives do not have moods at all, they are usually treated as being their own non-finite mood.) They are used with auxiliary verbs. Different forms of verbs, phrasal verbs, infinitives and voices are mostly used n

formal legal language especially in laws or in translated documents. Passive voice is made up of a

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form of the auxiliary verb to be and a past participle of the main verb. The infinitive of a verb is its basic form with or without the particle to also there are used a gender ing. In conclusion, verbs can be conjugated in many tenses of past, present, and future. Transitive verbs: Verbs which have direct objects; Intransitive verbs: Verbs which do not have a direct object; Active voice: When the subject is represented as acting Passive voice: When the subject is acted upon; Indicative mood: Makes a direct statement or declaration, in the form of fact; Imperative mood: Expresses commands, requests, permission and always has the subject in the second person (you) which is understood; Subjunctive mood: Indicates doubt, supposition, uncertainty and presumes or imagines an action or state. A phrasal verb is a verb plus a preposition or adverb which creates a meaning different from the original verb. Passive voice it is made up of a form of the auxiliary verb to be and a past participle of the main verb. The infinitive of a verb is its basic form with or without the particle to: therefore, do and to do, be and to be.

2. Differences between formal and informal English

Language - the principal means used by human beings to communicate with one another. Language is primarily spoken, although it can be transferred to other media, such as writing. If the spoken means of communication is unavailable, as may be the case among the deaf, visual means such as sign language can be used. A prominent characteristic of language is that the relation between a linguistic sign and its meaning is arbitrary. Spoken human language is composed of sounds that do not in themselves have meaning, but that can be combined with other sounds to create entities that do have meaning. Thus d, o, and g do not in have any meaning, but the combination dog does have a meaning. Language also is characterized by complex syntax whereby elements, usually words, are combined into more complex constructions, called phrases, and these constructions in turn play a major role in the structures of sentences. Official or serious situations are often signalled by the use of formal language, while ordinary or relaxed situations are signalled by the use of informal language. Formality of language varies in relation to such factors as public, private occasion, the size of the audience, the relationship of the speaker/writer with the audience, and so on. The ability to vary your language according to the situation is often considered a mark of an educated person.

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Formal and informal forms of address also differ, e.g. from the frozen My Right Honourable and Learned Friend associated with official parliamentary proceedings, to the intimate darling or love associated with close friends and family. Formal written English A version of the language almost universally agreed upon by educated English speakers around the world is called formal written English. It takes virtually the same form no matter where in the English-speaking world it is written. In spoken English, by contrast, there are a vast number of differences between dialects, accents, and varieties of slang, colloquial and regional expressions. In spite of this, local variations in the formal written version of the language are quite limited, being restricted largely to the spelling differences between British and American English. 2.1. Usage of formal and informal language

Formal language, even when spoken, is often associated with the conventions expected of written standard English. At its most extreme, formal language is signalled by complex, complete sentences, impersonality, avoidance of colloquial or slang vocabulary, and a consistent preference for learned words, often derived from Latin. Formal English is, for the most part, a written language. In general, it is confined to the realm of the serious: textbooks, academic or technical works, and most essays you will write at university. You would write formally in a letter of application for a job. Formal language tends to be impersonal and precise, and often uses long, carefully constructed sentences; the formal writer will avoid contractions and abbreviations, and will use a more specialized and complex vocabulary than that employed in everyday speech. In our days we should not use old and long expressions, word or phrases when writing informal letters. Because of it where were difficult to understand the real meaning or the point of speaking. When wrinig a simlper shorter words or expressions your letter/application would be more effective and understandable. But in formal legal language or documents we have to use it because of international affers with foreing countrie where legal language is still very infortant. Informal language is characterised by a simpler grammatical structure (i.e. looselyconnected sentences and phrases), personal evaluation, and a colloquial or slang vocabulary. Informal English is the language spoken by most people every day. While educated speakers retain their knowledge of formal rules, they're more relaxed about grammar and less concerned with vocabulary when they're engaged in ordinary conversation. Informal writing reflects this relaxation.

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Sentences are shorter, and tend to avoid the more formal punctuation of the semi-colon and colon. Contractions and the first person are acceptable. Newspaper articles and columns are usually written informally, and you use informal language when you write to your friends. Formal intoxicated exhausted dejected 2.2. Informal Popular drunk tired sad wasted bagged bummed

comprehend understand get it

Differences in vocabulary

As an example we took the formal and informal letters to see the differences between the writen language, words and structure of it. In the following we will discuss the special words used in the letters.

Informal letter Dear Sarah, Good to you hear from you again. I hope youre still enjoying your job. Do you remember in your letter you asked about the party I was organising for my mothers birthday? Well, it was a fantastic succes. I told mother we were taking her out for a quiet meal at a loca restaurant, but in fact Id hired a large room in hotel and invited all her old friends! Anyway, I picked mother up and told her Id changed my mind. We were going to have a meal in a hotel. You should have seen her face when she walked into the room and everyone cheered! She just couldnt believe it and burst into tears. Then the party got going, and it didnt finish until four in the morning. We were absolutely exhausted but mother had had a wonderful time. Must dash now, ive got to go to college. Hope to hear from you soon. Love, Boy In informal letter we usaully have to use a first name. Invent a name is necessary. In the begining we should write a start with a fixed phrase showing the situation with the reader. It is

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possible to add a general comment. In this letter it is possible to ask questions directly also use some exclamation marks to express emotions and use contractions. When starting a new paragraph, as topic has changed slightly. Use an informal linking expressions (e.g. anyway, whoever). It is good to use a range of appropriate vocabulary and informal expressions also in informal letters we can use any tense as we like, it is mostly used present tenses. And finaly, when you are finshing, make an excuse to finish and/or refer to the current situation with the reader again. In this case the short sentences are very eccepteble. Forthemore, make sure you are finishing with an informal phrase (e.g. Love, With love, Lots of love, Best wishes). Formal letter Dear Sir/Madam, I would like to apply for th escholarships I saw advertised in your prospectus. At present I am training to be a secondary school teacher of English and I finish my course at the end of June. However, I feel I still have a lot to learn about th elanguage and culture of English-speaking world and would benefit considerably from a course in English-speaking country. The reason I am applying for a scholarship is that I cannot afford the cost of studying aboard. I have no income except for my student grant, so if I am fortunate enough to be given a scholarship, I would have to work part-time to save some personal spending money. My parents will borrow some money for my airfare if I am successful. I would appreciate being given the opportunity to study at your college and would be very grateful if you would consider my application. Yours sincerely, ZDANI KROP In formal letter we have to write the name of the person(e.g. Daer Mr Smith) but if we do not know the name we use an expression (e.g. Dear Sir/Madam). First of all we should say why we are writing and what we are responding to. In one paragraph, briefly describe you/your situation. In the next paragraph, make it clear why you are applying for, for example a scholarship, and why you would be a suitable candidate. Make sure you cover all points in the question. Also we have to use only a formal, neutral style (no contractions, no calloquial language, no direct questions, no informal punctuation such as exclamation marks). It is useful to use a passive voise or infinitives in such letters. Remember To be polite and positive. In the end use a formal ending (e.g. Your

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sincerely, Your faithfully, Regards, Yours truly). Do not forget to sign your name and then print your name clearly underneath. For the next example we will examine the text taken from Lithuanians ministry. It is the law translated into English. In this text we will highlite the formal expresions, passive voice, infinitive.
3In

laying down the basics of national security of Lithuania, the Seimas of the Republic of

Lithuania shall be guided by the following provisions: the State of Lithuania, established many centuries ago and resting on the ethnical cultural values created by the Nation and on the Christian cultural foundation unifying Europe, is an integral part of the community of European and world nations; - the Lithuanian Nation has never agreed to any occupation and subjugation and resisted by all possible means and sought to free itself, and this resolution of the Nation is unchangeable; the Lithuanian Nation's aspiration has been and continues to be to safeguard its freedom, to guarantee a secure and free development on its ethnic land, to cherish its national identity and awareness, to develop its natural creative power and to contribute to world progress;
3The objective

of the national security policy shall be, through the concerted efforts of the

State and its citizens, to develop and strengthen democracy, to ensure the safe existence of the Nation and internal and exterior security of the State, to deter any potential aggressor and to defend the independence, territorial integrity and constitutional order of the State of Lithuania. Lithuanias national security system shall be based on the activities of state institutions and participation of every citizen of Lithuania, on the open civic society aware of dangers and its responsibility, civic-minded and prepared to defend Lithuanias freedom. Lithuanias national security system shall be developed as a part of the European common security system and trans-Atlantic defence system. As we can see, in this document is used many of forms, phrasal verb (laying down, civicminded), specific vocabulary (by the following provisions, occupation, exterior ), passive voice (shall be guided, shall be developed) and infinitives (unifying), present perfect (has never agreed). In formal documents it is usually used shall form, even in the agreements, documents and laws.

3 Law No. VIII-49 BASICS OF NATIONAL SECURITY OF LITHUANIA PREAMBLE

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All in all, the formal language is signalled by complex, complete sentences, impersonality, avoidance of colloquial or slang vocabulary, and a consistent preference for learned words, often derived from Latin. And the informal language is characterised by a simpler grammatical structure. We can use many slang words, defferent structure of the sentences and also different tences is used.

3. Linguistic means in the formal legal language

1Language

is medium, process and product in the various arenas of

the law where legal texts, spoken or written, are generated in the service of regulating social behaviour. Once norms and proceedings are recorded, standardised and institutionalised, a special legal language develops, representing a predictable process and pattern of functional specialisation. The countries of the European Continent are primarily countries of civil law. The civil law system traces its origins to Roman law and, more specifically, to the most distinguished contemporary compilation of Roman law, the sixth century Corpus Juris Civilis of Justinian (the Justinian Code). National legal systems emerged through the process known as codification. The common law systems have their roots in the British law and include all present and former members of the British Empire and also the United States of America. Although the common law and civil law systems share roots in Roman law, the evolution of the common law system has been much different from that of the civil law.

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The general principles of the common law grow not out of codification, but rather out of the judicial decisions in court cases by individual judges over a long period of time. The common law system concentrates big power in the courts and gives primary influence within the system to lawyers. Old Latin and French law terms such as writ or plaintiff were replaced by plain legal English terms. Out went familiar Latin tags such as ex parte, inter partes etc. Here are some examples: Despite of this effort to make legal language easier for understanding, the present day legal English continues to be a highly specialised and distinctive field of English.

1 1. Maley, Y.: The Language of the Law: Gibbons, J. (ed.): Language and the Law (Longman, London 1994), p. 11.

3.1. Usage of passive voice in formal documents

2We

use passive forms for reason of style and of clarity, as well as of meaning.

Mostlyth eule of passive formation are straightforward, but it needs to be noted that certain words and structures cannot be used in passive. Related to the use of forms of bein the passive are the causative uses of have and get and the informal us of get. The subject of an active verb (e.g. judge) can be the agent of passive verb. We often dont mention the agent in the passive, but if we do it is introdused with by: The judge will read out the name of the winners in alphabetical order. The name of winners will be red out in alphabetical order (by judge). Notice that the object of the active verb (e.g. th enames of the winners) is the subject of the passive verb. We use the passive form of verbs n all tenses by using be in th eappropriate tense plus the past particilpe of the main verb: My bag was stolen. (= A theifstole my bag.) The murder is being investigated. (= The police are investigating the murder.)

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Notice that in passive we can use also and: modal verbs: verb + be + past particilpe; modal perfects: verb + have been + past particilpe; multi-word verbs: never separate the verb and participle in the passive; make (=force)/see/hear/help + infinitive: be + past participle + to + infinitive let: Let has no passive form so we use a passive form of allow/permit/give permossion. Notice that ussualy we avoid repaeting th esame auxilary form in the sentence. The constracts have been signed and dated in front of two witnesses. When we are reporting speech and we dont want to mention th eperson whose words are being reported, or we want to describe an impersonal or general feeling, we can use a passive form of the reporting verb. There are two patterns: Subject + passive verb + to + infinitive

He was said to be innocent. He was asked to leave. It + passive verb + that clause: It was said that he was innocent. Certain verbs describes states, such as have (=own), be, belong, lack, resemble and seem, cannot be made passive. These verbs cannot be uses in passive even when they describes an action. But the passive can desrcibe state which is the result of an action. Th emeaning is similar to an ed participle adjective. He went to the payphone to make a call but the phone was broken. (Somebody had already broken the phone; it was a broken phone.) We use passive voice in writing the formal documents, letters, in law and etc. Also it is used in mathematics and computer science use artificial entities called formal languages (including programming languages and markup languages, and some that are more theoretical in nature). These often take the form of character strings, produced by some combination of formal grammar and semantics of arbitrary complexity. In this chapter I will looking for it and explaining why and what case it is used there.

20

To summerize, we use passive voice in writing the formal documents, letters, in law and etc. Also it is used in mathematics and computer science use artificial entities called formal languages
We use passive forms for reason of style and of clarity, as well as of meaning. Mostlyth rule of passive formation are straightforward, but it needs to be noted that certain words and structures cannot be used in passive. Related to the use of forms of be in the passive are the causative uses of have and get and the informal us of get. Notice that in passive we can use also and: modal verbs. 3.2. Infinitive forms in legal language Infinitive can be passive:

To be + past participle: His dog loves to be patted and made a fuss of.
There is a perfect form: To have been + past participle:
2 Passive voice, Lithaunian Grammar book, 2006, pg. 105

This ascent is the first to have been achieved without th eaid of axygen. The Infinitive is used: Recognize an infinitive when you see one. To sneeze, to smash, to cry, to shriek, to jump, to dunk, to read, to eat, to slurp - all of these are infinitives. An infinitive will almost always begin with to followed by the simple form of the verb, like this: to + verb = infinitive Important Note: Because an infinitive is not a verb, we cannot add s, es, ed, or -ing to the end. Infinitives can be used as nouns, adjectives, or adverbs. For examples:

21

To sleep is the only thing Eli wants after his double shift waiting tables at the neighborhood caf. To sleep functions as a noun because it is the subject of the sentence. No matter how fascinating the biology dissection is, Emanuel turns his head and refuses to look. To look functions as a noun because it is the direct object for the verb refuses. Wherever Melissa goes, she always brings a book to read in case conversation lags or she has a long wait. To read functions as an adjective because it modifies book. Richard braved the icy rain to throw the smelly squid eyeball stew into the apartment dumpster. To throw functions as an adverb because it explains why Richard braved the inclement weather. Infinitive can be and without to An infinitive will almost always begin with to. Exceptions do occur, however. An infinitive will lose its to when it follows certain verbs. These verbs are feel, hear, help, let, make, see, and watch. The pattern looks like this: special verb + direct object + infinitive - to More examples: As soon as Theodore felt the rain splatter on his hot, dusty skin, he knew that he had a good excuse to return the lawn mower to the garage. Felt = special verb; rain = direct object; splatter = infinitive minus the to. When Danny heard the alarm clock buzz, he slapped the snooze button and burrowed under the covers for ten more minutes of sleep.Heard = special verb; alarm clock = direct object; buzz = infinitive minus the to. Although Dr. Ribley spent an extra class period helping us understand logarithms, we still bombed the test. Helping = special verb; us = direct object; understand = infinitive minus the to.

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Because Freddie had never touched a snake, I removed the cover of the cage and let him pet Squeeze, my seven-foot python. Let = special verb; him = direct object; pet = infinitive minus the to. Since Jose had destroyed Sylvia's spotless kitchen while baking chocolate-broccoli muffins, she made him take her out for an expensive dinner . Made = special verb; him = direct object; take = infinitive minus the to. I said a prayer when I saw my friends mount the Kumba, a frightening roller coaster that twists and rolls like a giant sea serpent. Saw = special verb; my friends = direct object; mount = infinitive minus the to. Hoping to lose her fear of flying, Rachel went to the airport to watch passenger planes take off and land, but even this exercise did not convince her that jets were safe . Watch = special verb; passenger planes = direct object; take, land = infinitives minus the to. To split or not to split? The general rule is that no word should separate the to of an infinitive from the simple form of the verb that follows. If a word does come between these two components, a split infinitive results. Look at the example that follows: Sara hopes to quickly finish her chemistry homework so that she can return to the more interesting Stephen King novel she had to abandon. Sara hopes to finish her chemistry homework quickly so that she can return to the more interesting Stephen King novel she had to abandon. Ones consider that the split infinitive a construction, not an error. They believe that split infinitives are perfectly appropriate, especially in informal writing. In fact, an infinitive will occasionally require splitting, sometimes for meaning and sometimes for sentence cadence. One of the most celebrated split infinitives begins every episode of Star Trek: "To boldly go where no one has gone before ...." Boldly to go? To go boldly? Neither option is as effective as the original. When you are making the decision to split or not to split, consider your audience. If the piece of writing is very formal and you can maneuver the words to avoid splitting the infinitive, then do so. If you like the infinitive split and know that its presence will not hurt the effectiveness of your writing, leave it alone.

Wrong: Right:

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And finely, infinitive

can be passive, there is a

perfect form.

An infinitive will almost always begin with to followed by the simple form

of the verb. Also an infinitive is not a verb, we cannot add s, es, ed, or -ing to the end. The general rule is that no word should separate the to of an infinitive from the simple form of the verb that follows. If a word does come between these two components, a split infinitive results. Infinitives can be used as nouns, adjectives, or adverbs. An infinitive will lose its to when it follows certain verbs. These verbs are feel, hear, help, let, make, see, and watch. 3.3. Peculiarities of the professional legal vocabulary In our days legal formal language is using not only the terms from Latin or French but it uses and words from ordinary speech. It makes language more difficult but it is unavoidable.For example: Usage in legal language: With reference to Due to fact that Take into consideration Enclosed herewith With the exception of For the purpose of In the event that In the meantime At the present time Under separate cover Purchase Sufficiant Remittance Andeavour Advise, inform Forward, transmit Expendite I have pleasure i informing you.. We do not anticipate any increase in prices. Usage in informal language: About Because Consider Enclosed Except For If, when Meanwhile Now, currently, today Separately Buy Enough Payment Try Tell Send Speed up, hurry. I am pleased to tell you.. We do not except prices to rise.

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I should be grateful if you would be good enough to advise us... Please favour us with a prompt reply.

Please let us know.. I hope to hear from you soon.

There are also such kind of works named signals. It helps to recognize the formal expressions in documents or texts. We will apply ome examples of it: Namely Viz First Next As follow/the following That is That is to say For example For instance Such as So Thus In this way Consequently As a result Hence Then Therefore Thats Why On that account

The function of local government can be broadly divided into two main groups, such as funtions of control over the activities of private citizens, and provision of public services. Since the taxes are paid by the people in the area of the council, that is by the people who elect the council, there is local financial responsibility as between council and electos. Also Too As well Similarly Likewise Along with some additional objects. In small towns the clerk of the inferior coount will advise the Justice of the Peace on legal metters inasmuch as he is the only lawyer in the court, as a rule. In fact In point of fact As a matter of fact Actually Of course Really In reality In truth Indeed Certainly Ordinary expresions There had been free employment of capitak punishment in the American colonies though the number of crimes actual ly punished by death was greater in England before 1820. and again besides Furthet Moreover In addition As Forsmuch Inasmuch as Considering that Seeing that In view of Due to Owing to On account of As a result of On acount of In consequence of

The principlal objects of a trade union are set out in its rules. Besides, it may have

Legal formal expresions

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Access-formely, the opportunity to visit a child that was granted(at the discresion of the court) to its parent when the other parent had the care and control of the child after divorse or when a custodianship order was in force.

Alien-a person who, under the law of particular state, is not a citizen of that state.

Battery-the international or reckless application of physical force to someone without his consenr. Battery is the form of trespassto the person and is a summery offence as well as a tort, even if no actual harm results.

Bench-1.literally, the seat of a judge in court.th bench is usually in an elevated pasition at one side of the court room facting the seat of counsel and solicitors.2.a group of judges or magistrates ditting together in a court. Brief-a document by which a solicitor instructs a barrister to appear as an advocate in cour.

Character-1.the reputation of party or witness.2.losely, the disposition

access access [ksess] n (plural accesses) 1. entry or approach: the possibility or means of entering or approaching a place Thieves gained access to the premises via a side door. 2. opportunity for use: the opportunity or right to experience or make use of something alien n (plural aliens) 1. extraterrestrial being: a being from another planet or another part of the universe, especially in works of science fiction 2. law non-citizen resident of country: somebody who is a citizen of a country other than the one in which he or she lives or happens to be bar[baar] n (plural bars) 1. length of solid material: a length of metal, wood, or other solid material used as a barrier, or as part of a structure 2. small block: a small, solid, usually rectangular, block of some substance a bar of soap battery [bttree] (plural batteries) n 1. electricity power source: a number of connected electric cells that produce a direct current through the conversion of chemical energy into electrical energy 2. law unlawful use of force on somebody: the unlawful use of any physical force on another person, including beating or offensive touching without the persons consent bench [bench] n (plural benches) 1. furniture long backless seat: a long seat for two or more people, usually made without a back or arms 2. nautical seat in boat: a seat for a

26

of a party.

rower in a boat brief [breef] adj (comparative briefer, superlative briefest) 1. not lengthy: lasting for only a short time a brief conversation

2. concise: containing only the necessary information without any Club-an association regulated by extra details rules that bind itd members according to the law of contract. character [krrktr] n (plural characters) 1. distinctive qualities: the set of qualities that make somebody or something distinctive, especially somebodys qualities of mind and feeling Composition-an agreemnet between a debtor Its just not in my character to behave and his creditors discharging thedebts in like that. exchange for payment of a proportion of what is due. 2. positive qualities: qualities that make somebody or something interesting or attractive an old house full of character club [klub] n (plural clubs) 1. thick stick used as weapon: a stout Country-a firts-tier local government area in stick used as a weapon England or Wales. 2. sports stick for hitting ball: a stick or bat used in certain sports, especially golf, to hit a ball a golf club composition [kmp zshn] (plural compositions) Discovery-a method of acquiring territory in n which good title can be gaided by claiming 1. constituents: the way in which previously unclaimed land. something is made, especially in terms of its different parts 2. arrangement: the way in which the parts of something are arranged, especially the elements in a visual image the artists masterly composition of a group portrait country [kntree] n (plural countries) 1. separate nation: a nation or state Enter-1.to make an effective and

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3.4. Conjunctions and adverbs Conjunctions Conjuctions (because, as, since, though, although, even though) are used when providing reason in a sentence or clause. 'because', 'as' and 'since' Because, as and since are used to answer the question: Why?. They join two clauses in the same sentence: Joe resigned because he wanted to spend more time with his family. Because, as and since show the relationship between the ideas in two clauses: A: Why did you resign from such a well-paid job, Joe? B: Because I wanted to spend more time with my family. Because is more common than as and since when the reason is the most important thing. The because-clause usually comes after the main clause: I went to Cyprus for a holiday last October because I knew it would be warm and sunny every day I was there. As and since are used when the reason is already well-known and/or less important. The as or since-clause often comes at the beginning of the sentence and is separated from the main clause by a comma: As my family had finished dinner when I got home, I went to this really good burger bar. ( Im telling you about the burger bar. Its not so important why I went there). Note! In conversation, so is often used instead of since and as. The so-clause comes after the main clause. My family had finished dinner when I got home, so I went to this really good burger bar. 'though', 'although' and 'even though' Though, although and even though are used to show a contrast between two clauses: Our new neighbours are quite nice (this is good) though their two dogs bark all day long. (this isnt good)

28

We can use though or although with no difference in meaning. But, some differences are: Though is more common than although in conversation or writing. Though (but not although) can come at the end of a sentence: My new bike is really fast. I dont like the colour, though. Though (but not although) can be used as an adverb: Im not good at maths but I can help you with your geography, though, if you want. The meaning of though is similar to however, but though is much more common than however in conversation. Even though can be used to make the contrast between two clauses stronger: Dad got back from work really late, even though he had promised to take mum to the cinema.

What is an Adverb? An adverb can modify a verb, an adjective, another adverb, a phrase, or a clause. An adverb indicates manner, time, place, cause, or degree and answers questions such as "how," "when," "where," "how much". While some adverbs can be identified by their characteristic "ly" suffix, most of them must be identified by untangling the grammatical relationships within the sentence or clause as a whole. Unlike an adjective, an adverb can be found in various places within the sentence. In the following examples, each of the highlighted words is an adverb: The seamstress quickly made the mourning clothes. In this sentence, the adverb "quickly" modifies the verb "made" and indicates in what manner (or how fast) the clothing was constructed. The midwives waited patiently through a long labour. Similarly in this sentence, the adverb "patiently" modifies the verb "waited" and describes the manner in which the midwives waited. The boldly spoken words would return to haunt the rebel. In this sentence the adverb "boldly" modifies the adjective "spoken." We urged him to dial the number more expeditiously. Here the adverb "more" modifies the adverb "expeditiously."

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Unfortunately, the bank closed at three today. In this example, the adverb "unfortunately" modifies the entire sentence. Conjunctive Adverbs You can use a conjunctive adverb to join two clauses together. Some of the most common conjunctive adverbs are "also," "consequently," "finally," "furthermore," "hence," "however," "incidentally," "indeed," "instead," "likewise," "meanwhile," "nevertheless," "next," "nonetheless," "otherwise," "still," "then," "therefore," and "thus." A conjunctive adverb is not strong enough to join two independent clauses without the aid of a semicolon. The highlighted words in the following sentences are conjunctive adverbs: The government has cut university budgets; consequently, class sizes have been increased. The report recommended several changes to the ways the corporation accounted for donations; furthermore, it suggested that a new auditor be appointed immediately. The crowd waited patiently for three hours; finally, the doors to the stadium were opened. All in all, Conjuctions (because, as, since, though, although, even though) are used when providing reason in a sentence or clause. An adverb can modify a verb, an adjective, another adverb, a phrase, or a clause. An adverb indicates manner, time, place, cause, or degree and answers questions such as "how," "when," "where," "how much". Unlike an adjective, an adverb can be found in various places within the sentence. You can use a conjunctive adverb to join two clauses together. A conjunctive adverb is not strong enough to join two independent clauses without the aid of a semicolon.

Conclusion

30

First of all, what we can see from the given material that a simple complete sentence consists of a subject and a predicate. The subject is typically a noun phrase, though other kinds of phrases (such as gerund phrases) work as well. Some languages have relatively restrictive word orders, often relying on the order of constituents to convey important grammatical information; SOV (subject, object, verb) languages include the prototypical also very strict word order especially in formal English, as well as many others using this most common word order. But in informal speech in our day it is acceptable to talk as you wish because informal language and slang is mostly spread in English talking countries. What is more, now we can see and clearly understand that there are many different kinds of forms of nouns, pronouns and adjectives. A noun is the name of a person, place, thing, or idea; proper noun, which names a specific person, place, or thing. Nouns can be classified as count nouns, which name anything that can be counted; mass nouns (or non-count nouns), which name something that can't be counted; and collective nouns, which can take a singular form but are composed of more than one individual person or items. Also a pronoun can replace a noun or another pronoun. You use pronouns like "he," "which," "none," and "you" to make your sentences less cumbersome. An adjective modifies a noun or a pronoun by describing, identifying, or quantifying word. This material clearly shows that verbs can be conjugated in many tenses of past, present, and future. Transitive verbs: Verbs which have direct objects; Intransitive verbs: Verbs which do not have a direct object; Active voice: When the subject is represented as acting Passive voice: When the subject is acted upon; Indicative mood: Makes a direct statement or declaration, in the form of fact; Imperative mood: Expresses commands, requests, permission and always has the subject in the second person (you) which is understood; Subjunctive mood: Indicates doubt, supposition, uncertainty and presumes or imagines an action or state. A phrasal verb is a verb plus a preposition or adverb which creates a meaning different from the original verb. Passive voice it is made up of a form of the auxiliary verb to be and a past participle of the main verb. The infinitive of a verb is its basic form with or without the particle to: therefore, do and to do, be and to be. Forthemore, the formal language is signalled by complex, complete sentences, impersonality, avoidance of colloquial or slang vocabulary, and a consistent preference for learned

31

words, often derived from Latin. And the informal language is characterised by a simpler grammatical structure. We can use many slang words, defferent structure of the sentences and also different tences is used. To summerize, we use passive voice in writing the formal documents, letters, in law and etc. Also it is used in mathematics and computer science use artificial entities called formal languages We use passive forms for reason of style and of clarity, as well as of meaning. Mostlyth rule of passive formation are straightforward, but it needs to be noted that certain words and structures cannot be used in passive. Related to the use of forms of be in the passive are the causative uses of have and get and the informal us of get. Notice that in passive we can use also and: modal verbs. And finely, infinitive

can be passive, there is a

perfect form.

An infinitive will almost always begin with to followed by the simple form

of the verb. Also an infinitive is not a verb, we cannot add s, es, ed, or -ing to the end. The general rule is that no word should separate the to of an infinitive from the simple form of the verb that follows. If a word does come between these two components, a split infinitive results. Infinitives can be used as nouns, adjectives, or adverbs. An infinitive will lose its to when it follows certain verbs. These verbs are feel, hear, help, let, make, see, and watch. All in all, Conjuctions (because, as, since, though, although, even though) are used when providing reason in a sentence or clause. An adverb can modify a verb, an adjective, another adverb, a phrase, or a clause. An adverb indicates manner, time, place, cause, or degree and answers questions such as "how," "when," "where," "how much". Unlike an adjective, an adverb can be found in various places within the sentence. You can use a conjunctive adverb to join two clauses together. A conjunctive adverb is not strong enough to join two independent clauses without the aid of a semicolon.

Bibliography

32

1. A Dictionary of Law, fifth edition reissued with new covers, edited by ELIZABETH A. MARTIN, OXFORD University press, 2003. 2. VITA

BITINAIT, Mokomasis Angl ir Lietuvi kalb

Teiss termin odynas, 2002.

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4. Vytautas Ambrazas, Lithuanian grammar, Baltos lankos, 2006. 5. Jan Bell,

Roger Gower, First Certificate Expert

coursebook, Longman, first published in2004.

6. I.V. Saltikova, N. D. Kolosanova English for law students, senior courses, Moscow, 1974. 7.

Raymond Murphy English Grammar in Use, second edition, Cambridge university press, 1994. http://www.cambridge.org

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9. http://encarta.msn.com/encyclopedia_761570647_7/Language.html. 10. http://en.wikipedia.org/wiki/English_language. 11. www.ministerija.lt/english/official

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