Contumacious

An adjective that can be used to describe actions.

A contumacious action is an action that, in law, most probably denies a legal right wrongfully.

Examples:

• We consider X's action to be contumacious.
• The judge declared Y contumacious.

Shall - a horrible little word, legally speaking.

The word 'shall' is often used in legal documentation. Or, I should say that the word 'shall' is often misused in legal documents.

'Shall' means 'have a duty', an obligation to do something. But in legal documents the real meaning of the word 'shall' can become confusing. In various court cases 'shall' has been held to mean: may, must, will and is (Source: Legal Writing in Plain English, Bryan A Garner).

When you draft a legal document, avoid 'shall'. Do not use this misleading word. Use, instead, 'must' for obligation and 'may' to indicate that someone can decide to act or not. Note that in contractual documents, 'will' is more often used than 'must' to express obligation. (Although 'must' is much clearer, in my considered opinion.)

You have been warned. You shall obey.

TransLegal

One of the links on the right will take you to TransLegal, which is a service that specialises in training non-mother tongue lawyers to use English. TransLegal also has a very interesting newsletter, the TransLegal Digest which you do have to pay for, but it is very well worth the money.

There are even some discounts available:
• European Law Students Association (ELSA): 50% discount on the student price (GBP 11.55)
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• European Company Lawyers Association (ECLA): free to ECLA members as part of the services provided by TransLegal to ECLA members via the ECLA website

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CISG - Contracts for the International Sale of Goods Law - How to search for cases

The picture on the left shows you the screen you will see if you click on it.

To find Italian cases, just enter 'Italy' next to the word 'Term'. You can also change the 'Select Field to Display as Headline' to 'Jurisdiction'.

You do not need to worry about the 'Enter maximum number of hits to retrieve' field because there are only around 40 Italian cases at present.

Then click on 'Submit Query' and you will be presented with a list of Italian cases.

Look at the case abstract (case summary) to see whether the case deals with an area of law that interests you.

You will also find a link to the original text of the case in Italian. You can use both the English and Italian versions to help you develop a knowledge of commonly used legal expressions used in English.

This is a very valuable resource for those dealing with Contracts for the International Sale of Goods.