In
the modern language of the law there is still a substantial
group of French words, which have remained the particular
property of lawyers. These words and phrases of law French have
never become “naturalized” in the manner of other loan words.
They are probably used much less frequently than once was the
custom, but they play an important role as technical terms and
so constitute an active and highly distinctive part of the legal
vocabulary. Examples of these terms are:
alien (in the sense of “to transfer”)
amerce
cestui que trust
cestui (a) que vie
chose in action
de son tort
demurrer
en ventre sa mere
estoppel
estoppel in pais
esquire
eyre
fee simple
fee tail
implead
jeofail
laches
lèse majesté
mainour
malfeasance
metes
and bounds
oyez
puisne
pur autre vie
quash
roll
as in judgment roll
save (in the sense of “except”)
specialty (in the sense of “sealed contract”)
style
(as in the tautology
“name
and style”)
voir dire
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These words and phrases are mostly of Old French and
Anglo-Norman origin and would baffle the modern Frenchman no
less than the modern Englishman. Thus, for instance, jeofail
meant in Anglo-Norman “an oversight”, the acknowledgement of an
error in pleading, from je faille, “I mistake”. Oyez
is the imperative of the Anglo-Norman verb oyer, “to
hear”. A puisne judge is one of junior status (Old French
puis né) and the word has survived, with a change of
spelling as well as meaning, in the English word puny.
Voir dire could be taken to mean “to see him speak” in
Modern French. But the law words voir dire (also spelled
voire dire) carry their Old French meaning “to speak the
truth”, the same meaning as Old French voir dit, which
ended up in English and Modern French as verdict.
French influence is also seen in numerous legal terms in which
the adjective follows its noun: a word order unusual in English
but customary in French. Examples include attorney general,
body politic, court martial, freehold absolute, heir
presumptive, issue male, letters patent, malice prepense
(alongside its partial translation malice aforethought),
proof demonstrative, proof positive, and many others.