Power in legal contexts
True or false: There are no power imbalances in the legal system.
What is false?
A regional or social variety of a language
distinguished by phonological, morphological,
syntactic, and lexical differences.
What is dialect?
A communicative activity defined with reference to
the intentions of a speaker while speaking and the effects achieved on a listener.
What is speech act?
When one company uses similar language and/or images as another company, and this similarity could potentially create confusion with consumers about goods or services.
What is trademark infringement?
Involves the analysis of language in the legal context. It is the science or technique that evaluates the linguistic characteristics of written or oral communication.
What is forensic linguistics?
The power imbalance is most obvious in this specific area.
What is language?
The study of signs, symbols, and
signification
What is semiotics?
The performance of an utterance
What is locutionary act?
Be written in a way that is comprehensible to the “ordinary person.”
Be as direct and explicit as possible. The reader should not have to infer information.
Be visibly readable and comprehensible.
Not be written in overly complex syntax and vocabulary (sentence structure and use of jargon).
Alert the reader to a specific hazard, the degree of seriousness of the hazard, the consequences of the hazard, and how to avoid the hazard.
What are traits of a product warning label?
This work helps determine issues related to age, race, dialect, and gender.
What is discrimination?
There are two types of people in the courtroom; one group has power and the other does not.
What are "subordinates" and "superordinates?"
The component of language related to accent.
What is Phonology?
The intentional aspect of an utterance
What is illocutionary?
Reader-centered organization; active voice, not passive; short sentences and paragraphs; common, everyday words; easy-to-follow design features (lists, headers, tables)
What are some traits of plain language?
When a forensic linguist makes judgments related to guilty/not guilty or right/wrong.
What is bias? or What should a forensic linguist NOT do when working on a case?
This is the type of court system in which there is a contest between rival parties in which both present their arguments and evidence, and they are entitled to question each other.
What is adversarial court?
Language larger than a
sentence, or large chunks of language, either
written or spoken
The impact on the listener
Perlocutionary effect
Example of a trademark dispute with a racial slur
What is the Washington Redskins?
The Unabomber was a young, uneducated, blue-collar worker.
How did FBI profilers initially describe Ted Kaczynski?
In this system, all questioning is done by the presiding judge/judges who direct most of the questions to a witness. Attorneys have a more passive role; they can make suggestions to the judge about further enquiries. They can only ask questions after the judge has completed their questions.
What is inquisitorial courts?
Language unique to an individual. It includes all components of language.
What is an idiolect?
The criteria which must be satisfied if a
speech act is to achieve its purpose
What is a felicity condition?
Identify and describe the nature and danger of the risk; tell the reader how to avoid it; communicate this information in clear and understandable language.
What do product warning labels require the manufacturer to do?
This work addresses challenges of specific texts and audio types, e.g. overlapping speech, distraught speakers, illegible handwriting, etc.
What is linguistic transcription?