-Legal Language (II) £Itfio

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L,.ESSON 22
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-Legal Language (II) £Itfio
Why do prison reformers advocate indeterminate
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sentences?
What does a lawyer mean when he labels a question as immaterial?
Should our extradition treaties with other countries be of interest to a criminal?
Why is a litigious person likely to be found in court?
When is a lawyer a barrister?
amicus curiae
arson
barrister
embezzle
extradition
- habeas corpus
immaterial
incarcerate
indeterminate
larceny
litigious
miscreant
perpetrator
plagiarism
probation
1.
amicus curiae (a-mi' -kas-kyoor' -i-6}-a friend of the court; a lawyer or layman
who advises the court on a legal matter.
a. Our law professor is frequently called to serve as amicus curiae on difficult
cases.
b. I offered my help as amicus curiae in the family squabble but both sides
rejected it.
2.
arson (Ar' -s'n)-the crime ohetting fire to property in order to collect insurance.
a. The Fire Marshall characterized the case as an arson.
b. A pyromaniac has a compulsion to start fires; an arsonist does it for money.
3.
barrister (bar'-is-ter, ber'-) lawyer in England. A barrister practices at the bar,
or court of justice.
a. Lord Dorset called upon the finest barrister in London to defend him.
b. It's always amusing for tourists to see the British barristers wearing their
court wigs.
4.
embezzle (im-bez"I)-to
steal money which was entrusted to your care.
a. The treasurer of our union tried to embezzle pension funds but he was
caught.
b. Aunt Anna thought every banker was trying to embezzle her savings.
5.
extradition (eks-tre-dish'-en)-tuming
over a fugitive from one jurisdiction to
another. The root of the word is the Latin trachtio ("the act of handing over").
a. Armed with the extradition papers, Sheriff Bates flew to Itaty.
b. Until we sign an extradition treaty with Costa Rica, some criminals will
continue to flee there.
6.
habeas corpus (hA'-bi-es
kOr'-pes}-a court order requiring that a prisoner
be produced to determine the legality of his imprisonment; a procedure which
lawyers use to get clients out of illegal detention. In Latin it means "to have the
bocty.'t
a.
b.
When F. Lee Bailey produced a writ of habeas corpus, the police were
forced to release their suspect.
Captain Gordon was demoted because he failed to obey a habeas corpus
order;
7.
Immaterial (im-e-tir'-6-el)-without
substance; unimportant.
a. Lawyers are fond of calling a question "immaterial, irrelevant, and
inconsequential. "
b. What seemed to be serious charges turned out to be quite immaterial,
8.
Incarcerate (in-kAr'-se-rAt)-to
jail; confine.
a. Judge Miller threatened to incarcerate anyone who disturbed his court.
b. King Edward incarcerated his brother, Ctarence, in the Tower of London.
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601 WORDS YOU NEED '1'"0KNOW TO PASS YOUR EXAM
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9.
Indeterminate
(in-di-tur'-mi-nit)-having
inexact limits; indefinite.
a. If a prisoner is given an indeterminate sentence of 2-20 years, he can be
freed early if he behaves well in j&iil.
b. "Scarface" Kelly had to serve the full fifteen years of his indeterminate
sentence because of his numerous attempts to escape.
10. larceny (lAr'-se-nA)-theft.
Grand larceny involves theft in excess of a fiXed
sum, whereas petty larceny refers to a less consequential theft.
a. Since this is George's fourth conviction for grand larceny, he will go to jait
for life.
b. My partner was promoted to detective after making an important larceny
arrest.
11. Iltlglou8
a.
b.
(Ii-tij'-es}-quarrelsome;
given to carrying on lawsuits.
Uncle Charlie, our litigious relative, is currently involved in three
A litigant is a litigious person engaged in a litigation.
cases.
12. mlacreant
(mis'-kri-ent)-villain;
criminal; evil person. The original meaning
was "unbeliever" or "heretic." From there it was an easy jump to "villain."
a. The miscreant's tears had no effect on Judge Safian.
b. We were not taken in by the miscreant's vow to tum over a new leaf.
13.
perpetrator (pur' -pe-trA-ter)-a
person who commits an offense.
a. Policemen are careful to use the term "alleged perpetrator"
when
describing a suspect.
b. Although Roy was the perpetrator of the cruel hoax, he escaped serious .
punishment.
14.
plagiarism (pIA'-je-riz'm)-passing
off someone else's writings or ideas as
your own. The Latin word for kidnaper is plagiarius.
a. We were saddened to learn that Henry was found guilty of plagiarism in the
poetry contest.
b. My English teacher tolerates almost any mistake but she detests
plagiarism.
15.
II.
III.
probation
(prO-bA-'shen)-a
period of testing or trial. This refers to a
suspension of sentence on the condition that the convicted person
demonstrates good behavior in order to stay out of jail.
.
a. After his release from prison, Vincent was required to report to his
probation officer every month.
b. Before getting permanent status, the young policeman had to undergo a
six month period of probation.
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EXERCISES
I. Which Word Cornea to Mind?
In each of the following, read the statement, then circle the word that comes to mind.
1. A prominent psychiatrist offers to help out in a court case
(perpetrator, larceny, amicus curiae)
2. The fire marshall suspects foul play
(probation, arson, immaterial)
IV.
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2.
3.
4.
5.
LESSON 22/LEGAL LANGUAGE·
101
3. Detectives fly across the border to bring back a suspect
(indeterminate,
extradition,
habeas corpus)
linate
4. A scholar suggests that Shakespeare was not especially original
(plagiarism,
fiXed
to jail
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incarcerate,
miscreant)
5. The crooked bank manager fears the day when his books will be audited
(litigious,
ceny
embezzle,
barrister)
LSes.
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II. True or False?
ain."
In the space provided, indicate whether each statement is true or false.
leaf.
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1. Burning down a building is an act of larceny.
2. Utigious people provide a good income for lawyers.
3. An alert lawyer can use a writ of habeas corpus to keep his client out of jail before charges are brought
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4. When you embezzle funds you misuse money which has been entrusted to you.
5. That which is immaterial is usually critical in any court case.
hen
against him.
ious
ithe
III.
!tsts
o a
son
his
Fill In the Blank
Insert one of the new words in the proper space in each sentence
1. Anyone who believes "there is a little
below.
in everyone's
heart"
is merely trying to
rationalize his own failing.
2. The rigorous
period was intended to discourage
3. Murder was added to the
unsuitable
applicants.
charge when t~e firemen discovered
a body in the burned
out structure.
loa
4. The terrorist sou.ght refuge in a country where he believed he would be free from
5.
may not be punishable
by a prison sentence but it can cost a pretty penny and ruin a
reputation.
IV. What's the Antonym?
.
Which of the new words is most nearly opposite in meaning to the one provided?
1. important
2. release
3. forgiving
4. precise
5. paragon
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102
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601 WORDS YOU NEED TO KNOW TO PASS YOUR EXAM
Matching
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Match the word in column A with its correct definition in column B by writing the letter of that definition in the s~
provided.
A
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B
1,
2.
3.
4.
5.
amicus curiae
arson
barrister
embezzle
extradition
6.. habeas corpus
7. immaterial
8. incarcerate
9. indeterminate
_10. larceny
__ 11. litigious
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12. miscreant
13. perpetrator
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14. plagiarism
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15. probation
a. court order for a prisoner's appearance
b. misappropriate money
c. unimportant
d. villain
e. friend of the court
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f. one who commits an offense
g. quarrelsome
h. British lawyer
i. false claim of authorship
j. indefinite
k. period of testing
I. transfer of a fugitive
m. place in jail
n. crime of setting fire
o. theft
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