LAW FRENCH

'Law French' is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror. Its use continued for several centuries in the courts of England.
In its later years, Law French became increasingly artificial, and its vocabulary became increasingly English, as it was used solely by English lawyers and judges who often spoke no real French. A frequently quoted example of this mixed English-French language comes from one of Chief Justice Sir George Treby's marginal notes in an annotated edition of ''Dyer's Reports'', published 1688:
("Richardson, C(hief) J(ustice) of C(ommon) B(ench). At Assizes at Salisbury in Summer 1631, there was an assault by a prisoner there condemned for felony; who, following his condemnation, threw a brickbat at the said Justice, which narrowly missed. And for this, an indictment for injury was immediately drawn against the prisoner, and his right hand was cut off and fastened to the gibbet, on which he himself was immediately hanged in the presence of the Court.")^[1]
The inverted syntax of many legal noun phrases in English — ''attorney general, fee simple'' — is a heritage from Law French. Many of the terms of Law French have been converted into modern English in the 20th century to make the law more understandable in common law jurisdictions. However, some key terms remain from Law French, including the following:

★ attorney, one appointed to act for another — now characterized as either:

★
★ attorney-at-law — see lawyer, solicitor, barrister or civil law notary

★
★ attorney-in-fact — see power of attorney.

★ autrefois acquit, previously acquitted of a crime.

★ bailiff, the marshal of the court, charged now chiefly with keeping order in the courtroom.

★ cestui que trust, sometimes shortened to ''cestui''; the beneficiary of a trust.

★ cy-près doctrine, the power of a court to transfer the property of one charitable trust to another charitable trust when the first trust may no longer exist or be able to operate.

★ defendant, the party against whom a civil proceeding is brought.

★ escheat, reversion of unclaimed property to a feudal lord, or the state where the property is allodial.

★ estoppel, prevention of a party from contradicting a position previously taken.

★ feme covert and feme sole.

★ laches, loss of rights through failure to act.

★ mortgage, literally a "dead pledge"; a pledge by which the landowner remained in possession of the property he staked as security.

★ mortmain, a statute restricting the conveyance of land to the "dead hand" of a religious organization

★ oyez, often calqued as ''hear ye!'', a traditional cry used to open court proceedings, still used in the Supreme Court of the United States.

★ plaintiff, the person who begins a lawsuit.

★ prochein ami, now usually called ''next friend''; someone who files a lawsuit on behalf of another who is not capable of acting on his or her own behalf.

★ profit a prendre, also known as the ''right of common'', where one has the right to take the "fruits" of the property of another, such as mining rights, growing rights, etc.

★ replevin, a suit to recover personal property unlawfully taken.

★ torts, meaning wrongs.

★ trove, as in ''treasure trove'', is an adjective, not a noun, and means ''found''. Thus ''treasure trove'' means not a treasure chest or hoard, but a treasure found by chance, as opposed to one stolen, inherited, bought, etc.

★ voir dire, literally ''truth to say''; the questions a prospective juror or witness must answer to determine his or her qualification to serve, in the law of England a mini-trial held after a plea of guilty has been entered to determine the facts of the offence where they are in dispute. In a modern context thought of often as a mini-trial within a full trial to determine the admissibility of contested evidence. In a jury trial a voir dire is held before the judge but without a jury present. Voir dires may also be held in a trial by judge alone, but done, of course, in the presence of the judge.

Contents

See also

Notes

See also

★ French phrases used by English speakers

★ Jersey Legal French

★ Franglais

Notes

1. Source: http://books.google.com/books?vid=0psGKvbTizsSdhDQ&id=fD0BAAAAQAAJ&printsec=titlepage#PRA2-PA361,M1. The macaronic nature of this production can be more easily seen if it is reproduced in a modernized form, with the ''French'' elements in italics, 'Latin' in bold, and the rest in English: "Richardson, C. J. ''de'' C. B. at Assizes at Salisbury in Summer 1631, ''fut'' assault ''par'' prisoner ''là'' condemn''é pour'' felony; ''que puis son'' condemnation ''jeta un'' brickbat ''au dit'' Justice, ''que'' narrowly missed. ''Et pour ce'' immediately ''fut'' indictment drawn ''pour ennui envers le'' prisoner, ''et son'' 'dexter manus' ''amputée et fixée au'' gibbet, ''sur que lui-même immédiatement'' hang''é'' in presence ''de'' Court." Admittedly, many of the English words (assault, prisoner, condemn, gibbet, presence, Court) could be interpreted as misspellings (or alternative spellings) of French words, while ''Justice'' is the same in French as in English; but even under the most favorable of constructions, the note is bad French, bad English, and bad Latin, all at the same time.