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Legal/Non Legal Dictionary

  • 19-11-2015 03:15PM
    #1
    Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭


    Just cuious as to which legal dictionaries are generally used these days in Irish law (i.e courts, law makers, solicitors etc). Murdoch?

    And when something isn't a legal definition what standard dictionary is generally used and it's meaning accepted?

    GM228


Comments

  • Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    GM228 wrote: »
    And when something isn't a legal definition what standard dictionary is generally used and it's meaning accepted?
    Be wary of dictionary meanings and use ordinary meanings, that ordinary people would use.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    All acts define the important terms in that act.

    If they dont then you can

    Google the interpretation acts


  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    If a word or phrase isn't defined in the instrument in which it is used, and it isn't defined in the Intepretation Act, then it has its ordinary meaning. Legal dictionaries are used only for technical legal expressions, or to trace whether the word or phrase in question has already been interpreted in previous court proceedings. To establish the ordinary meaning of words you can have recourse to any common dictionary - or, better, a range of common dictionaries. Dictionaries from Britain probably carry a bit more weight than dictionaries from America, since standard Hiberno-Englihs is much closer to British English than it is to American English, but there are no hard and fast rules.

    If there's more than one possible meaning, the court will pick the one which seems to best reflect the intention of the legislature, as expressed in the instrument as a whole.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,566 Mod ✭✭✭✭johnnyskeleton


    If youre relying on the dictionary in court then youve already lost.


  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    If youre relying on the dictionary in court then youve already lost.

    Very true, but more interested in a legal dictionary which also takes into consideration court defined meanings, would Murdock be best?

    GM228


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  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    I generally wouldn't cite Murdoch in court - or any other legal dictionary, for that matter. I'd use them as research tools, to find cases, statutory definitions, etc, and then consider whether there was merit, in the context of my particular case, in citing those cases or statutes.

    As a research tool, I like Stroud's myself. But the beauty of research tools is that you don't have to choose just one. You can consult as many as you like to help you find authorities that are relevant to your problem.


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