S. Schane, Ling. 105, Law & Language

Written Assignment - Legalese

The texts at the bottom of this page illustrate "before" and "after" versions (‘legalese’ versus ‘plain English’) of a Citibank loan form.
In the "before" version find two (2) examples each of the following characteristics of legalese (discussed in the reading by Mellinkoff).
Cite the expressions and their line numbers.

1. Use of antiquated (Old English and Middle English) vocabulary (e.g. aforesaid)
2. Use of technical terms with specific meanings (e.g. petition)
3. Doublets (e.g. all and every)
4. Use of common words with uncommon meanings (e.g. note)

5. Use of the passive construction (e.g. a surcharge will be made)

TEXT OF ONE SENTENCE FROM A CITIBANK LOAN FORM:
"BEFORE" AND "AFTER" VERSIONS

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                                                    Before
<>
1 In the event of default in the payment of this or any other obligation
2 or the performance or observance of any term or covenant contained
3 herein or in any note or any other contract or agreement evidencing or
4 relating to any obligation or any collateral on the borrower's part to be
5 performed or observed; or the undersigned borrower shall die; or any
6 of the undersigned become insolvent or make assignment for the
7 benefit of creditors; or a petition shall be filed by or against any of the
8 undersigned under any provision of the Bankruptcy Act; or any
9 money, securities or property of the undersigned now or hereafter on
10 deposit with or in the possession or under the control of the Bank
11 shall be attached or become subject to distraint proceedings or any
12 order or process of any court; or the Bank shall deem itself to be
13 insecure, then and in any such event, the Bank shall have a right (at its
14 option), without demand or notice of any kind, to declare all or any
15 part of the obligations to be immediately due and payable, whereupon
16 such obligations shall become and be immediately due and payable,
17 and the Bank shall have the right to exercise all the rights and
18 remedies available to a secured party upon default under the Uniform
19 Commercial Code (the "Code") in effect in New York at the time and
20 such other rights and remedies as may otherwise be provided by law.

After

I’ll be in default:

(1) If I don’t pay an installment on time; or

(2) If any other creditor tries by legal process to take any money of mine in your possession.

Source: Charrow & Crandell (1978).