Casa · C2 Mastery · Lesson 5 of 20 · Step 1

Constitutional Law

Legal English — passive, shall, notwithstanding, hereinafter

  • Understand and produce key features of legal English
  • Use legal modals (shall, may, must) with precision
  • Navigate the passive voice as used in statutes and contracts
  • Interpret and draft clause-level legal language

Words · tap a card to see it used

Grammar

Legal English — passive voice, "shall," "notwithstanding," "hereinafter"

Legal English employs distinctive grammatical structures. "Shall" indicates obligation or requirement (not future tense). The passive voice depersonalises: "It is hereby enacted that..." "Notwithstanding" creates exceptions to stated rules. "Hereinafter" introduces defined terms. Sentences are often long and heavily modified, with multiple subordinate clauses. Doublets and triplets (cease and desist, null and void, terms and conditions) are conventional.

All parties shall comply with the provisions set forth herein.
Notwithstanding anything to the contrary in this Agreement, the Provider may terminate the Service upon thirty (30) days' written notice.
The Company (hereinafter referred to as "the Employer") shall indemnify the Employee against all reasonable costs.
No action shall be brought pursuant to this section after the expiration of the limitation period.

Exercises · type, then check

1. Complete each legal sentence with the correct term: shall, notwithstanding, pursuant to, hereinafter, null and void.

1.The Tenant maintain the property in good repair at all times.
2. the provisions of Clause 7, the Landlord may enter the premises in an emergency.
3.Any amendment not executed in writing shall be deemed .
4. Section 14 of the Act, all employers must provide written contracts.
5.Acme Corporation ( "the Company") agrees to the following terms.

2. Match each legal term to its plain-English equivalent.

1.shall
2.notwithstanding
3.pursuant to
4.hereinafter
5.indemnify
0 of 10 answered · nothing you type leaves this device

Reading

The Language of Power

Legal English is, by design, a language of precision — yet it is also, paradoxically, a language of exclusion. The conventions of statutory and contractual drafting — the archaic vocabulary, the labyrinthine syntax, the relentless passive voice — serve ostensibly to eliminate ambiguity, ensuring that rights and obligations are defined with surgical exactitude. "Shall" does not mean "will" in legal English; it imposes a binding obligation. "Notwithstanding" does not casually mean "despite"; it carves out a specific exception to a specific rule. Yet these very conventions render legal texts largely impenetrable to the non-specialist reader. A citizen subject to a statute, a tenant bound by a lease, an employee governed by a contract — all are, in a meaningful sense, governed by language they cannot fully understand. The Plain Language movement, which gained momentum in the late twentieth century, sought to address this democratic deficit by advocating for statutes and contracts written in clear, accessible prose. Proponents argued that legal precision and plain English are not incompatible — that a well-drafted statute can be both unambiguous and comprehensible. Critics, however, maintained that simplification inevitably introduces the very ambiguity that legal language is designed to prevent. The debate remains unresolved, but its implications extend far beyond drafting conventions: at stake is the fundamental question of whether the law can truly be said to govern the people if the people cannot read it.

1. What paradox does the passage identify in legal English?

2. What is the central argument of the Plain Language movement as described in the passage?

Speaking · say it out loud, with a partner or alone

1Should legal documents be written in language that any citizen can understand, or is specialised legal language a necessary tool for precision? Argue both sides before stating your own position.
2Consider a contract you have signed (a lease, terms of service, employment contract). Did you read and understand all of it? What does this suggest about the relationship between legal language and informed consent?

Writing

Draft a short legal clause (80-100 words) for an imaginary contract. Then rewrite it in plain English beneath. Use at least three features of legal English studied in this unit.

0 words

Finished?

Check your exercises first, then mark the lesson done.

Free English school · A1 to C2

Casa

Lessons with Max
Lifestyle · ESL · C2⌂ Home