posted on Oct, 28 2015 @ 09:35 PM
Ah, good'ol 'words of art'...
"The vocabulary or terminology of a particular art, science, or profession, and especially those those which are idiomatic or pecular to it." [Black's
There are 4 words that must be understood fully before any foray into 'legalese' can be fruitful.
'Words of art' - defined above
'Term' - Black's 6th p. 1470
'Word'- Black's 6th p. 1604
'Definition' - Black's 6th p. 423
Many arguments about 'meaning' stem from the misunderstanding of an items 'inclusive' or 'expansive' nature.
Clearly, from the above definitions the general rule is words are expansive; terms, definitions, and words of art are inclusive [limited,
This becomes important because now we can guage what statute and administrative code, and rules of civil procedure are actually saying. Whether they
give DEFINITIONS of TERMS, provide the definition in the statute/context itself, or allow for the presumption of the common meaning, when one should
be checking a legal dictionary FIRST. It is my opinion that law operates on the presumption that idiots [layman, a private man - latin 'idiota' also
in Black's] will presume the webster's meaning of words, when they need to be concerned with the legal definitions of terms.
As an aside the legal definition of 'meaning' is Black's 6th p. 980 and is good to know in this context.
I have not looked into courtroom administrative procedure as of yet, but I know the Traffic enforcement chapter of [NC's] Administrative code does
define many terms, as does the traffic code itself.
That is where I would look to get to the bottom of the OPs 'words of art', and the lens I would initially examine the claim through.