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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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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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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