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Technical terminology

 
This entry contains information applicable to United States law only.

A word or phrase that has special meaning in a particular context.

A term of art is a word or phrase that has a particular meaning. Terms of art abound in the law. For example, the phrase double jeopardy can be used in common parlance to describe any situation that poses two risks. In the law, double jeopardy refers specifically to an impermissible second trial of a defendant for the same offense that gave rise to the first trial.

The classification of a word or phrase as a term of art can have legal consequences. In Molzof v. United States, 502 U.S. 301, 112 S. Ct. 711, 116 L. Ed. 2d 731 (1992), Shirley M. Molzof brought suit against the federal government after her husband, Robert E. Molzof, suffered irreversible brain damage while under the care of government hospital workers. The federal government conceded liability, and the parties tried the issue of damages before the U.S. District Court for the Western District of Wisconsin. Molzof had brought the claim as executor of her husband's estate under the Federal Tort Claims Act (FTCA) (28 U.S.C.A. §§ 1346(b), 2671-2680 [1988]), which prohibits the assessment of punitive damages against the federal government. The court granted recovery to Molzof for her husband's injuries that resulted from the negligence of federal employees, but it denied recovery for future medical expenses and for loss of enjoyment of life. According to the court, such damages were punitive damages, which could not be recovered against the federal government.

The U.S. Court of Appeals for the Seventh Circuit agreed with the trial court, but the U.S. Supreme Court disagreed. According to the Court, punitive damages is a legal term of art that has a widely accepted common-law meaning under state law. Congress was aware of this meaning at the time it passed the FTCA. Under traditional common-law principles, punitive damages are designed to punish a party. Since damages for future medical expenses and for loss of enjoyment of life were meant to compensate Molzof rather than punish the government, the Court reversed the decision and remanded the case to the Seventh Circuit.

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Technical terminology

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Technical terminology is the specialized vocabulary of any field, not just technical fields. The same is true of the synonyms technical terms, terms of art, shop talk and words of art, which do not necessarily refer to technology or art.[1][2][3] Within one or more fields, these terms have one or more specific meanings that are not necessarily the same as those in common use. Jargon is similar, but more informal in definition and use. Legal technical terms, often called (legal) terms of art or (legal) words of art, have meanings that are strictly defined by law.

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"industry term"

An industry term is a type of technical terminology that has a particular meaning within a specific industry. The phrase industry term implies that a word or phrase is a typical one within a particular industry or business and people within the industry or business will be familiar with and use the term.

Technical terminology exists in a continuum of formality. Precise technical terms and their definitions are formally recognised, documented, and taught by educators in the field. Other terms are more colloquial, coined and used by practitioners in the field, and are similar to slang. The boundaries between formal and slang jargon, as in general English, are quite fluid, with terms sliding in and out of recognition. This is especially true in the rapidly developing world of computers and networking. For instance, the term firewall (in the sense of a device used to filter network traffic) was at first technical slang. As these devices became more important and the term became widely understood, the word was adopted as formal terminology.

Technical terminology evolves due to the need for experts in a field to communicate with precision and brevity, but often has the effect of excluding those who are unfamiliar with the particular specialized language of the group. This can cause difficulties as, for example, when a patient is unable to follow the discussions of medical practitioners, and thus cannot understand his own condition and treatment. Differences in jargon also cause difficulties where professionals in related fields use different terms for the same phenomena. For instance, substantial amounts of duplicated research occur in cognitive psychology and human-computer interaction partly because of such difficulties.[citation needed]

"Jargon"

The term jargon can, and often does, have pejorative connotations, particularly when aimed at "business culture" (especially when in forms bordering on slang or buzzwords). The marketing and public relations industries in particular have expanded the lexicon of business terms that marks the global business environment.[citation needed]

"terminus technicus"

The use of the phrase "terminus technicus" (Latin "technical term") in linguistics and literature is latently semi-ironic, in that rendering the easily understandable English "technical term" in Latin with the more difficult, and to many readers exclusive, Latin equivalent "terminus technicus" itself illustrates how technical jargon and foreign loanwords narrow the semantic focus of a term. An example is the Turkish word caïque, a word for a wooden fishing boat, which is found in Russian as kaik (Cyrillic каик) and refers not just to any wooden boat, but the usage of the boat to Russian travellers when found as a private ferry-taxi on the Bosphorus. In other words the idea that the boat is ferried by an Ottoman ferryman is part of the exotic "Turkishness" of the word to the Russian 19th Century traveller.[4]

Examples of technical terminology (specific fields)

See also

References

  1. ^ Merriam-Webster's Dictionary of Law
  2. ^ McGraw-Hill Concise Dictionary of Modern Medicine
  3. ^ West's Encyclopedia of American Law
  4. ^ Denis Sinor Inner Asia and its contacts with medieval Europe 1977 "Тhе second of these words, каик, is not a real loan-word, but rather a terminus technicus borrowed from Turkish and used in Russian in its original form and sense. "

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$copyright.smallImage.alttext West's Encyclopedia of American Law. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
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