I know the legal world is not to be taken lightly, but I do enjoy a few legal phrases that make me laugh a bit.
My favorite has always been "excited utterance." Here are a couple of my excited utterances:
A Monk marathon is on this weekend!
You left me a piece of Key lime pie!
They're a bit different in the legal context. If a person is startled into saying something, or is under stress or is excited (as the name implies), then it can be considered the truth in court. The theory is that someone is in such a state that what is said is factual, because the upset person hasn't had time to concoct a false story.
A reader asked about the term "bad actor." That's not a ham actor or one who delivers wooden lines or a person who overacts — at least not in law. It's a person who has a criminal record or other disqualifying conditions that would prevent him from entering into some transaction.
"Fresh start" sounds like a laundry softener or a healthy breakfast. In law, fresh start is used to describe the status a person reaches after going through bankruptcy and being debt-free, or nearly so.
"Uttering" (not in the excited way) doesn't mean simply saying something. In law, to utter is to pass along a fake or forged document, such as a check.
"Discovery" sounds like an exciting, inspiring adventure. It's a little duller and methodical. In a lawsuit, discovery is the process in which each side reveals to the other side all the information it plans to use in its case. I think this might be a useful practice outside of law, too.
Sometimes we hear about a criminal having to go to prison for the rest of his "natural life."
That always made me wonder where he'll spend his unnatural life. But it means he'll be in prison or some correctional facility until he dies. Many people get sentenced to life, which doesn't always mean for life. Instead, it means they may qualify for parole after a period of time. It could be 25 to 40 years, depending on the state.
"Party." Is it time for a raucous party? No, it's not. A party is someone involved in a court case, contract or some other legal matter.
"In camera" sounds a little photographic. Instead, it's Latin for "in the judge's chambers." In the chambers, private matters that the jury shouldn't hear are discussed and resolved. I assume cameras are not allowed, but I might be wrong.
"Cat burglar" always makes me think of a feline sneaking fish off its owner's dinner plate. But the phrase describes a person with enough agility to climb into tight spaces to commit a burglary. London was where the phrase was born in 1907. It was the name given to Arthur Edward Young, a criminal who was skilled at climbing. He carried only a table knife to help unlock windows before he purloined (purr-loined?) things. Alas, he used his powers for evil rather than good, and he ended up in Wormwood Scrubs jail, which does not sound like a fun place.
"Craving oyer" is a term that a lawyer friend had to explain to me in easy English. I could only think it had something to do with wanting oysters. It's when a lawsuit or other legal transaction mentions a document, but that document isn't included in a filing. A lawyer would file a motion craving oyer, so that the other party will present the document. Oyer is Latin for "to hear." So, the person filing the motion is saying, "Hey, I want to hear all about this." My friend, who is a lawyer in Virginia, wasn't certain whether the practice is used only in that commonwealth.
OK, this one is a little tricky. In trying to understand what craving oyer was, I clicked to a few dictionary pages. The law term I stumbled upon was "assize." The definition was a judicial inquest or the verdict of the jurors.
The 8-year-old inside me giggled at the word, and I will refrain from saying why.
A LOT VERSUS ALLOT
I have just one nonlaw-related item this week.
"A lot" and "allot" are two distinct words. A lot means many of something, or something occurring frequently.
I have a lot of chores to do today. (A lot of procrastinating will ensue.)
To allot is to distribute.
I will allot the cookies to the people in the group, leaving a few extra for me for performing the laborious chore.
Unfortunately, a lot is often mistakenly spelled alot, as one word. Today I read a person's advice on how to remember that a lot is two words:
We don't have alittle so we wouldn't have alot.
Sources include Jerry Gray, Morrison Foerster, Rice University, American Heritage Dictionary, the Phrase Finder, USLegal.com, Law.com, USCourts.gov, the Free Dictionary. Reach Bernadette at
bkwordmonger@gmail.com
Style on 06/01/2020