Helpful Latin Terms for English Law

If Latin is the so-called dead language, why are we still using or studying it?

Whether in the medical or legal field, Latin is essential for professionals to learn a body of key phrases.

As a professor of English for Lawyers and translator of legal documents from Spanish, French, and Portuguese to English, here are some phrases, of course not exhaustive, commonly encountered in the US English law.

As a bonus, you may want to visit these sites to help you with legal vocabulary:

Free Law Dictionary   
Nolo   
Common Legal Terms   
Fed Judiciary Talking Points   
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If you are in São Paulo and want English lessons personally designed to fit your needs, please call Professor Winn at  6214-1511 or send an email to mrenglish101@gmail.com.

Anyone interested in English-language services or translations (Sp/Fr/Pt>En) may send an email to mrenglish101@gmail.com for a prompt evaluation.

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Intro to American Law - Legal English

In my English for Lawyer classes, I always begin with an introduction to US law.

US jurisprudence springs from English common law or the part of the English law not embodied in legislation.

Common law consists of rules of law, developed after the Norman Conquest of England in 1066 by William of Orange, based on common custom and usage (hence its name) and on judicial (court) decisions (precedent).

As the court system became established under Henry II in the 12th century, and judges' decisions became recorded in law reports, the doctrine of precedent developed. Precedent obliges judges to earlier court decisions to form opinions of current cases.

Hence, common law (sometimes called ‘case law’ or ‘judge-made law’) keeps the law in harmony with the needs of the community where no legislation is applicable or where the legislation requires interpretation.

The US legal system is an adversarial in contrast to Roman law which is referred to as inquisitorial. A subsequent post explores Roman law and compares and contrasts the two systems.

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Be practical when teaching languages

Ah, now how should languages be taught? An editorial the website asiaone.com, Be practical when teaching languages, delves into the issue from Singapore.

The Singapore Chinese are learning their native language and English simultaneously which has created unique problems as the author explains.

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If you need English lessons in São Paulo or a precise and prompt translation from Spanish, French, or Portuguese to English, please contact Professor Winn at by sending an email to mrenglish101@gmail.com for a prompt evaluation. Professor Winn translates your success!

Legal English - Thy Shall Use Shall Correctly

 While perusing websites for an idea for this blog entry, I came upon a rather controversial topic - the use of shall. Researcher Roger Foley at the University of Lapland in Finland examines the use of shall in a Legal English sense in European Union documents.

According to Mr. Foley, there is a "promiscuous" use of shall in Legal English documents to the point it is losing its effectiveness.

Now, as we know, shall is a modal, an auxiliary verb, that can never stand alone in the sentence as the main verb. For example, you may ponder - what shall I eat tonight? This is asking what to do for eating dinner.

In Legal English, shall is used to show obligation. For example, in a lease agreement language appears - Tenant shall have the right without Landlord's consent.....

I am often asked by student about the use of shall. For Americans outside the legal context, we use shall with less frequency than in British English. In most cases, the distinction between will and shall is almost nil.

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If you are in São Paulo and want English lessons personally designed to fit your needs, please call Professor Winn at 1160 461 342 or send an email to mrenglish101@gmail.com.
Anyone interested in English-language services or translations (Sp/Fr/Pt>En) may send an email to mrenglish101@gmail.com for a prompt evaluation.

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Using Literature with English Language Learners

The joy of literature helps language learners appreciate the culture attached to any language. Thus, I agree with the premise of the argument made in the article, Using Literature with English Language Learners (ELL) in ESL TEFL TESOL Teaching.

As a certified translator, I know language is culture. The two are inseparable.

In the case of English Language Learners (ELLs), both British and American literature offer great works to provide students a deeper appreciation and understanding of English. One caveat however - the text needs to be level-appropriate to avoid frustration.

Literature is sometimes even difficult for native speakers to comprehend let alone an ELL.

For example, I have used Harper Lee's To Kill a Mocking Bird with intermediate level students. The rich culture of the pre-Civil Rights US South in the 1950s and expressions prove challenges.  I am a firm believer in pushing students to excel and keep reaching higher for goals.

Given reading is the best way to learn vocabulary, literature is perfect for this purpose. Also, I encourage reading to study the structure of the language to improve writing. Emulation is a powerful tool to learn how to write in a second language.

Lovers of American literature may want to consult this Top 10 list for some suggestions.

Happy Reading and happy learning English!
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If you need English classes in São Paulo, Brazil or a precise and prompt translation from Spanish, French, or Portuguese to English, please contact Professor Winn at by sending an email to mrenglish101@gmail.com for a prompt evaluation. Professor
Winn translates your success!

What is the preponderance of the evidence? - Legal English

Professor Winn teaches Legal English:

English for Lawyers is rich in vocabulary.

For example, what is the preponderance of the evidence?

In a civil trial, it is the standard of proof, which must be met. Specifically, this burden of proof (onus probandi) would be the evidence, which cumulatively outweighs the evidence presented by the opposing party. 

The burden of proof in a criminal trial, by contrast, is "beyond a reasonable doubt," which is the more severe test of evidence required to convict given one's life is on the line.
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If you are in São Paulo and need Legal English lessons personally designed to fit your needs, please call Professor Winn at 6214-1511 or send an email to mrenglish101@gmail.com.

Anyone interested in English-language services or translations (Sp/Fr/Pt>En) may send an email to mrenglish101@gmail.com for a prompt evaluation.

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What is a company? - Legal English

A company is regarded in law as being a separate legal ‘person’, with a separate legal personality. This means that it has rights separate from its owners and managers to enter into contracts, employ people, own property and conduct business.

A company can be a private or a public company. A public company may offer its shares for sale to the public whereas a private company may not.

Moreover, business or commercial law the entire body of substantive law applicable to the rights and duties of persons engaged in commerce or mercantile pursuits

By far the largest number of incorporated companies are incorporated with limited liability.

Do you need to learn Legal English?
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If you are in São Paulo and want Legal English lessons personally designed to fit your needs, please call Professor Winn at 6214-1511 or send an email to mrenglish101@gmail.com.

Anyone interested in English-language services or translations (Sp/Fr/Pt>En) may send an email to mrenglish101@gmail.com for a prompt evaluation.

Should you avoid grammar using the communicative method in the classroom?

While Asantha U. Attanayake makes some good points in the piece entitled "Avoiding teaching grammar in communicative classroom" "avoid" may be too strong a word.

For my entire three years teaching English as a Foreign/Second Language, it never ceases to amaze how teaching grammar is controversial in the profession.

Grammar is the glue binding all the parts of the language together. It should be blended into the course subtly, but not avoided. One needs to know the structure of the language. Poor grammar is often reflected in a student´s poor writing.

While inherent in the communicative - speaking - method of teaching a language is a de-emphasis on grammar and writing, grammar remains a key ingredient in being able to communicate in the language! Knowing the function of the parts of speech provides a framework for conveying information so one is understood.

While grammar is not the centerpiece of a communicative-based course, it surely cannot be avoided. Grammar pops up more often in student questions so best to address the subject head on and avoid any surprises.
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If you need English courses in São Paulo or a precise and prompt translation from Spanish, French, or Portuguese to English, please contact Professor Winn at by sending an email to mrenglish101@gmail.com for a prompt evaluation. Professor Winn translates your success!

What is aestheticism?

In our continuing Literature Terminology Series, we address aestheticism.



Aestheticism was an approach to life based on the philosophy of 'art for art's sake'. It emphasised the importance of art above everything else and the pleasure to be found in beautiful things. 

Aestheticism was born out of the essay, ‘The Poetic Principle’, by Edgar Allen Poe. He believed writing poems simply for the poem’s sake was not lacking in nobility or dignity. Later, Théophile Gautier, a French author, picked up Poe’s idea, and coined the slogan, ‘Art for Art’s sake’(the English translation of l'art pour l'art), in defiance of those who advocated that true art had a moral purpose. 


It was a lifestyle among poets, and literary giants like Oscar Wilde who revered in its free spirit in morally repressive and scandalous Victorian England.

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If you are in São Paulo and want English lessons personally designed to fit your needs, please call Professor Winn at 6214-1511 or send an email to mrenglish101@gmail.com.

Anyone interested in English-language services or translations (Sp/Fr/Pt>En) may send an email to mrenglish101@gmail.com for a prompt evaluation.

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