fighting over words language and civil law cases

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Fighting Over Words

Author : Roger W. Shuy
ISBN : 019804402X
Genre : Language Arts & Disciplines
File Size : 55. 50 MB
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Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race or age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battleground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, trademark disputes, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists -- sociolinguists, forensic linguists, and scholars and students of law and society -- as well as lawyers and law students.

Copyright And Piracy

Author : Lionel Bently
ISBN : 9781139492225
Genre : Law
File Size : 44. 28 MB
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An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

The Oxford Handbook Of Language And Law

Author : Lawrence Solan
ISBN : 9780191638107
Genre : Language Arts & Disciplines
File Size : 56. 63 MB
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This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Law And Language

Author : Michael Freeman
ISBN : 9780199673667
Genre : Law
File Size : 27. 6 MB
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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.

Forensic Linguistics

Author : John Olsson
ISBN : 0826461093
Genre : Language Arts & Disciplines
File Size : 63. 53 MB
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This book contains detailed studies of all the major areas of the discipline, including the detection of plagiarism, the observation of style change, and an analysis of all of the most important types of forensic text, including ransom demands, suicide notes, hate mail, smear mail, trick mail and terrorist mail. Perhaps one of the greatest assets of the book is its discussion of specific forensic texts including the 'stalker text' from John Hinckley, an excerpt from the Unabomber case, several 17th century Salem witch trial 'confessions', Susan Smith's confession, and ransom notes from the Lindbergh kidnapping and Carlos the Jackal's ransom demand at Vienna.

Language

Author :
ISBN : STANFORD:36105213169514
Genre : Comparative linguistics
File Size : 83. 79 MB
Format : PDF
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The International Journal Of Speech Language And The Law

Author :
ISBN : NWU:35556039812896
Genre : Forensic linguistics
File Size : 23. 72 MB
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O O Pe Ro Si

Author : Annemarie Etter
ISBN : 9783110858143
Genre : Language Arts & Disciplines
File Size : 26. 54 MB
Format : PDF
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Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105064217131
Genre : Law
File Size : 20. 89 MB
Format : PDF, ePub
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Legal Writing In Plain English

Author : Bryan A. Garner
ISBN : 9780226284187
Genre : Business & Economics
File Size : 88. 89 MB
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Admirably clear, concise, down-to-earth, and powerful-unfortunately, these adjectives rarely describe legal writing, whether in the form of briefs, opinions, contracts, or statutes. In Legal Writing in Plain English, Bryan A. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work. The book encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. In essence, it teaches straight thinking—a skill inseparable from good writing. Replete with common sense and wit, the book draws on real-life writing samples that Garner has gathered through more than a decade of teaching in the field. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting. Meanwhile, Garner explores important aspects of document design. Basic, intermediate, and advanced exercises in each section reinforce the book's principles. (An answer key to basic exercises is included in the book; answers to intermediate and advanced exercises are provided in a separate Instructor's Manual, free of charge to instructors.) Appendixes include a comprehensive punctuation guide with advice and examples, and four model documents. Today more than ever before, legal professionals cannot afford to ignore the trend toward clear language shorn of jargon. Clients demand it, and courts reward it. Despite the age-old tradition of poor writing in law, Legal Writing in Plain English shows how legal writers can unshackle themselves. Legal Writing in Plain English includes: *Tips on generating thoughts, organizing them, and creating outlines. *Sound advice on expressing your ideas clearly and powerfully. *Dozens of real-life writing examples to illustrate writing problems and solutions. *Exercises to reinforce principles of good writing (also available on the Internet). *Helpful guidance on page layout. *A punctuation guide that shows the correct uses of every punctuation mark. *Model legal documents that demonstrate the power of plain English.

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