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Pairs #37 (Legalese Edition)
Select the other half of each pair or expression. Assume the word “and” (or an ampersand) between the hint and the answer.
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Last updated: May 11, 2024
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| First submitted | May 11, 2024 |
| Times taken | 10 |
| Average score | 52.0% | Report this quiz | Report |
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ways
ways and means. Methods for raising the revenue to fund a government.
keep in confidence
keep in confidence and refrain from disclosing. Language frequently found in confidentiality agreements that appears to be redundant.
illegal
illegal and void. A description of some legally unenforceable contracts. A contract may be just illegal, just void, or both illegal and void … depending on circumstances. A void contract is invalid because it lacks legal force, e.g., a contract with a minor. An illegal contract is invalid because it violates a legal statute, e.g., a murder-for-hire contract.
good
good and tenable. A phrase used in leases to describe the condition in which the premises (or elements thereof) must be kept by the landlord or the tenant, e.g., “to keep and maintain the main structure and all exterior parts, including the roof in ‘good and tenable repair’.”
drunk
drunk and disorderly. A description of conduct, often criminalized, combining public drunkenness with behavior that is noisy, offensive or violent.
by
by and on behalf of. Near-synonyms, but can be used to indicate a signatory is becoming party to an agreement on their own behalf, rather than under duress from a third party.
then
then and in that event. If the relevant situation arises.
do
do and perform. Synonyms, usually used in reference to fulfilling the obligations of a contract.
goods
goods and chattels. Generally, tangible, movable personal property, although the precise definition can differ from one jurisdiction to another.
representations
representations and warranties. A representation is an assertion as to a fact, i.e., an assertion that a statement is true. A warranty is a promise of indemnity if the assertion is false.
money had
money had and received. A type of lawsuit where one person sues another to recover money that was paid by mistake or under compulsion, or for a consideration that failed.
finish
finish and complete. Near-synonyms sometimes used in reference to the fulfillment of contractual obligations.
construe
construe and interpret. Synonyms or near-synonyms.
by
by and with. A phrase used twice in the U.S. Constitution, when describing the Senate’s role in providing advice and consent for presidential appointments and treaty making.
“… the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concur.”
make
make and enter into. Synonyms. One simultaneously makes and enters into a contract or other agreement upon signing it.
law
law and order. A state in which people generally obey the law and behave in an organized and peaceful way.
just
just and equitable. A pair of words describing the goal of, for example, property settlements, with “just” referring to moral rightness and “equitable” referring to fairness to all parties.
final
final and binding. Legally non-appealable.
over
over and above. A description of work discovered during the completion of a contract that falls within the scope of the project, is necessary for the project to be completed, but is not covered by the terms of the contract.
cease
cease and terminate. Near-synonyms.
save
save and except. A clause used in land transfers, statutes and other legal instruments to specify a condition or restriction and to exclude the applicability of the restriction in specific situations. Example: a tract of land deeded save and except gas, oil and mineral rights.
acknowledge
acknowledge and agree. To acknowledge a contract (for example) is to be aware of its existence. To agree to the contract is to accept its terms.
act
act and deed. A formally delivered written instrument that memorializes a bargain or transaction. At one time, signatories of a legal instrument were required to touch the seal and declare, “I deliver this as my act and deed.”
perform
perform and discharge. Creating a contract creates legal obligations on the contracting parties. Fulfillment of those obligations is called “performance.” Discharge of a contract occurs (among other modes) when both parties have performed (fulfilled) their contractual obligations.
unless
unless and until. A rather odd legal doublet that seems redundant despite not consisting of two near-synonyms, as “unless” used alone will often suffice. According to one source, “unless” expresses the hope or expectation that the condition will be satisfied, while “until” signals that it might not be.
above
agree
binding
chattels
complete
deed
discharge
disorderly
enter into
equitable
except
in that event
interpret
means
on behalf of
order
perform
received
refrain from disclosing
tenable
terminate
until
void
warranties
with
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Words That Go Together
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In many cases, the two elements of the pair are either synonyms or near-synonyms, e.g., “null and void.”
While at first blush this practice may seem odd, the use of doublets came about after the Norman conquest of England as the country transitioned from using Old English in legal documents to using Latin and Law French. To ensure all parties to an agreement understood their legal obligations, lawyers decided to duplicate some terms, using one English word and its linguistic counterpart in Law French or “Frenchified” Latin.
Over time, everyday English absorbed some 10,000 Norman French words as it evolved into Middle English, and both language and culture evolved past the point where most things could be specifically identified as having Anglo-Saxon or Norman French origins. Even so, the use of legal doublets continues.