Deciphering the language of the law Archived article from Nov 18, 2003 By Michael Sepanic   Ever wonder how to habeas a corpus? Or about how “manslaughter” is different from “murder”? Or, for that matter, how to understand a will — either your own or someone else’s? The law often seems to be a language unto itself, but in his new book, Jay Feinman, a professor at the School of Law–Camden, offers an easy-to-understand translation tool for this confusing, yet important, matter. In “1001 Legal Words You Need to Know: The Ultimate Guide to the Language of the Law” (Oxford University Press, 2003), Feinman deciphers the arcane vocabulary of American law. In addition to helping citizens better understand the relevance and impact of such terms as “freehold,” “promisee” and “quitclaim,” this legal dictionary for nonlawyers also delivers “quick legal problem miniguides” on 10 common topics, including living wills, power of attorney, contracts and TV lawyer shows. On the last subject, the law professor offers a reality check for devotees of “Law & Order” and other popular fare: “Lawyer shows on television are about entertainment first and law second. Enjoy the entertainment; take the law with a grain of salt,” Feinman says. “To get a feeling for the real thing, go to a courthouse.” The need for providing such a Rosetta Stone of the law is very real. “Law is a specialized subject, and it needs a specialized language,” notes Feinman. “A technical vocabulary is the only way to be precise and to describe concepts that are not in common use outside the field. “‘Technical’ does not have to equate to ‘incomprehensible,’” he adds. “That’s the purpose of this book: to make the language of the law accessible to the layperson. We live in a complex world, and there aren’t simple rules to resolve our differences. Every American citizen, however, should at least be able to understand the language of those rules.” Feinman views his endeavors as part of his teaching function. “Law schools, in general, deliver service to their students, the bar, the judiciary and the profession, but the general public is underserved,” he says. Promoting greater access to the law is a clear passion for Feinman, whose previous book, “Law 101: Everything You Need to Know About the American Legal System” (Oxford University Press, 2000), has been selected for international distribution for its clarity in explaining the American legal system. A special English-language reprint of “Law 101” is being prepared for sale in China. In addition, the U.S. State Department, recognizing the book’s potential for promoting better understanding of American institutions and values in developing nations, is arranging for the translation of the book into Spanish, Arabic, Dari and Pashto, with plans to add translations in several other languages. Feinman teaches courses in contracts, property and business torts at the law school. His other books include “Economic Negligence” (Little, Brown & Co., 1995), which is acknowledged as one of the definitive treatises in the field of third-party litigation, and “Professional Liability to Third Parties” (American Bar Association, 2000). Legal lingo Think you’re up on your legal jargon? Here are a few definitions found in Jay Feinman’s “1001 Legal Words You Need to Know”: common law the part of law that is derived from judicial precedent rather than statutes fair use the doctrine that, under certain conditions, copyright material may be quoted verbatim without need for permission from or payment to the copyright holder in camera in private, in particular taking place in the private chambers of a judge, with the press and public excluded legal fiction an assertion accepted as true, though probably fictitious, to achieve a useful purpose in legal matters: an unqualified claim of “Made in the USA” for products that are partly foreign is a legal fiction Posse Comitatus Act a federal statute prohibiting the use of the military in civilian law enforcement usury the illegal action or practice of lending money at unreasonably high rates of interest warranty a written guarantee, issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary within a specified period of time

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