1

A Corpus Discovery Approach to Semi-Technical Vocabulary Issues in Teaching

Legal English

Abstract
This paper discusses issues related to the teaching of semi-technical vocabulary and
presents tools and techniques for analyzing such terms with the aim at a discovery
learning approach. We focus on legal vocabulary from a corpus of US Constitutional
Cases which was analyzed for word meanings, grammatical features, collocational
patterns and frequently occurring specific discoursal features. An OCHA approach is
used to have students observe the language features of the target genre, classify the
findings, hypothesize about their usage and apply the findings during reading or
writing activities.

In an EFL environment, a smooth transition is necessary from English for General

Purposes (EGP) curricula to field-specific language teaching. In this paper we present
an example of the development of a legal English dictionary for Japanese-speaking
students at the graduate school level. Students are first made to realize that the general
English-Japanese dictionaries that almost all of them use are inadequate for advanced
studies in their specific fields. Of course, there are law dictionaries in Japan offering
definitions of legal technical words and their historical background, but, unfortunately,
they lack examples of how these words are used in context. Also, there are no
explanations as to how general words are used in a legal sense in a legal document.

Such circumstances make acquisition of legal terminology difficult. Furthermore, legal

dictionaries do not explain how words with general senses are used with legal senses in
legal documents. This can be a problem for law students who are not native English
speakers, as they frequently cannot fully understand the meaning of words used with a
semi-technical sense. The highly technical terms, on the other hand, tend to be easier to
master as their definition is limited. Here we present an approach to identifying the
differences in the usage of words in general and specific contexts as well as to finding
collocations common to field-specific corpora. This work lays the basis for developing
effective teaching materials and involving students in the examination of a dedicated
minicorpus for a discovery learning approach. The model should be applicable to other
fields of language for specific/special purposes.
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1 Introduction
1.1 Background
On March 31, 2003, the Japanese Ministry of Education, Culture, Sports, Science and
Technology announced an “Action plan to cultivate ‘Japanese with English abilities’,”
recognizing the need to improve English language teaching in Japan. One of the
specifically stated goals was having university graduates possess the “English language
skills required for specialized fields or for those active in international society.” This
announcement galvanized those involved in language education in Japan and has raised
much interest in using English for Specific Purposes (ESP) methods in lieu of English
curricula emphasizing literature and skills-based approaches. For a successful transition
to ESP methods from the English for general purposes approaches familiar to both
students and instructors, we decided to start by focusing on the teaching of semi-
technical vocabulary.

The field of study described in this paper is related to law studies but the approach
should be applicable to other ESP fields. This paper describes an approach to
developing and implementing ESP methodology to create an online Wiki-style English
dictionary for law-related terminology. The need for such a dictionary is great as law
dictionaries in Japan offer only definitions of legal technical words and their historical
background. They do not offer examples of how these words are used in context nor
explanations of how general words are used in a legal sense in legal documents.

1.2 Project goals

The main goal of this project was to develop methods for teaching students how to
utilize ESP reference materials to create useful resources which could be of benefit for
not only their immediate studies but also aid their future professional development. As a
model case, we decided to use a corpus of legal English based on actual US
Constitutional Cases (USCC). The corpus was constructed from the entire set of 14,531
U.S. Constitutional Cases issued by the Federal Supreme Court through August 2000.
This set of court cases is perhaps the largest such corpus of legal English in the world,
being composed of 144, 588 word types and 83,442,416 word tokens. The analyses
presented below demonstrate how words used in US Constitutional Cases differ from
general English usage in terms of both frequency and meaning.

As ESP methodology includes the notion of discourse community, language educators

 3

should have some basic understanding of the context in which the language is used. In
this light, we begin with a brief description of the history of law in Japan. We then
present our approach to addressing vocabulary issues in this field and describe a tool
that can be used to help students grasp how to create useful self-help resources.

1.3 Brief Description of Japanese law

The basis of the legal system of Japan today was laid during the Meiji Period (1868-
1912) when Japan opened its doors to the world after more than 200 years of seclusion
during the Edo period. Japan turned to French and Prussian codes of law, with the first
Minister of Justice in Japan, Shimpei Eto, issuing orders to: “Translate those (the French
Civil Code) codes as quickly as you can and do not worry too much about any errors
you may make” (Noda, 1976, p. 43). The reason for the adoption of the French Code
was “because the Common Law system appeared too complicated, whereas France had
the five Napoleonic codes. Moreover the French codes had already been the inspiration
for many countries that were modernizing their societies” Noda (1976, p. 43). The
Prussian Code was also referred to because it allowed the Emperor, like the Kaiser, to
be free from parliamentary control.

The next period of major reform was implemented after the end of World War II. The
Japanese Constitution, drafted under American influence, affected the Japanese legal
code in many areas: administrative law, three major labour laws, anti-monopoly law,
and economic law. However, “major codes such as the Criminal Code, Code of Civil
Procedure and the Commercial Code were retained without any significant amendment.
In other words, a significant portion of Japanese law is still influenced by the Prussian
Code” Oda (1992, p. 33). In this way, Japan has a unique blend of both civil law and
common law. Noda summarizes this well by saying that “Japan freely adopted ideas
and habits from foreign civilizations. The ideas took root in Japanese soil and once
removed (from) their native cultural surroundings, they have developed and been
transformed into something quite different from the original” (1976, p. 5).

Today, the main sources of law in Japan include the Constitution (kempo), acts of the
Diet (horitsu), orders, mandates, fiats, statutory instruments (meirei), local ordinances
(jorei), treaties (joyaku), rules of court (saibanho kisoku), customs (kanshu), judicial
precedents (hanrei), and scholarly opinions (gakusetsu).

2.1 An OCHA approach to raising awareness of vocabulary

 4

The aim of this project was to develop tools and techniques to have students acquire
ESP vocabulary. To encourage learner autonomy, an OCHA approach is suggested to
have learners observe the form features, classify what they observe, hypothesize about
their usage and apply what they have considered (Noguchi 2003). In focusing on form
(Ellis 2001), students are asked to observe rhetorical, grammatical, lexical, technical
and phonological features of genre texts. While this project focuses on vocabulary
learning, the other form features, e.g., rhetorical and grammatical, are also important for
understanding the contextual environment of the lexical items.

2.2 Corpus linguistics for ESP

The focus on vocabulary means the use of corpus linguistic techniques. Here, what
Hunston (2002, p. 2) states is useful: “linguists have always used the word corpus to
describe a collection of naturally occurring examples of language, consisting of
anything from a few sentences to a set of written texts or tape recordings, which have
been collected for linguistic study.” For this project on the law vocabulary, we
employed a minicorpus of texts, in particular, a 900-case subset of a larger corpus of
14,531 U.S. Constitutional Cases issued by the Federal Supreme Court.

In ESP, the technical terms usually do not pose too serious a problem because there is
usually a one-to-one equivalence of terms in both the learner’s native language and
English. However, the subtechnical vocabulary can be problematic because it includes
terms which have many possible meanings (Herbert 1965; Katsuragi 1998; Noguchi
1999, 2001a). Also, in ESP, “it is not single words which are always difficult, but
phrases, so that common combinations of words should be taught, not just the individual
vocabulary items of discipline.” (Fanning 1977, mentioned in Robinson 1980)

2.2.1 Disambiguation using corpus linguistics

With this background, let us consider how corpus linguistics can be used to aid ESP
vocabulary acquisition. First, let us examine how it can help disambiguate the
synonyms: alien, foreign, stranger, and immigrant. The dictionary meanings are not
very helpful for a second-language learner and can, in fact, be confusing. Examination
of the 900-case subset of US constitutional cases being considered in this study reveals
the specific usage environments of these terms. The most commonly used is foreign
(712 examples), followed by alien(s)(303), immigrant(s) (85) and stranger(s) (21).
Examining the most commonly used foreign reveals its overwhelming use as an
 5

adjective, with no example of the noun form.

foreign commerce 55 samples, 18 texts

oreign affairs power, violates the Foreign Commerce Clause, and is preempted by the

representing companies engaged in foreign commerce; 34 of its members were on the

d similar concerns in our cases on foreign commerce and foreign relations. See, e.g.,

pped, or received in interstate or foreign commerce from the person or presence of

of foreign 76 examples, 23 texts

n displaying, within 500 feet of foreign embassies, banners designed t

. In this case, the positions of foreign governments and the Executive

t. In consequence, statements of foreign powers necessarily involved

mal diplomatic protests, risk of foreign retaliation, and statements

foreign nations 20 examples, 10 texts

n by allowing private parties and foreign nations to challenge state procu

ed fear of criminal prosecution by foreign nations including Lithuania and

s done so with the acquiescence of foreign nations. See Alabama and Missis

es and citizens of other States or foreign nations. As we have explained:

n and convenience of commerce with foreign nations and among the several s

Observation of examples can also be helpful for learning about grammatical features
such as the use of prepositions and articles as well as the selection and usage of singular
and plural nouns. Here are examples to illustrate these features. The following
examples of alien to can be used to show students to importance of examining the
semantic context and grammatical context when trying to decide on the meaning of a
particular word.

alien to 16 examples, 7 texts

withholding only bars deporting an alien to a particular country or countries,

sing from any action to remove an alien to judicial review of a final order--

pen an investigation or subject an alien to surveillance [***57] belong to t

ral shall not deport or return any alien to a country if the Attorney General

stigation, which could subject the alien to eventual deportation, into the al

or a debtor race. That concept is alien to the Constitution's focus upon the
 6

ed out that federal courts are not alien to a bistate entity Congress partici

Government. Federal courts are not alien to such an entity, for they are ordai

ide, democratic vote -- so utterly alien to our constitutional system, the Cou

The use of the English article system is problematic for Japanese speakers. The
following examples of article usage with evidence can be informative (900 texts, 5150
instances)
(no “the”) adjective + evidence at sentence start
Circumstantial evidence of the prudent
tivity. Cogent evidence regarding thei
DECISION: Drug evidence seized after a
arby. Forensic evidence indicated that
Hearsay evidence is inadmissibl
on. Mitigating evidence unrelated to
88). Relevant evidence may, for examp

the + (adjective) + evidence

with the plurality that, like the above evidence of actual diversion, the bor

of Strickland. After hearing the additional evidence developed in the postconvicti

ree with JUSTICE STEVENS that the available evidence supports the conclusion that

n20 Texas argues that the corroborative evidence required by Article 38.07 "ne

s voluntary confession--where the favorable evidence is to the effect that (a) th

from Fisher, but in light of the historical evidence that the Self-Incrimination

blishment Clause is rejected. The limited evidence amassed by respondents durin

t -- to provide the jury with the mitigating evidence that his trial counsel either

reasonable probability that the omitted evidence would have changed the conclu

is dominantly in cases where the physical evidence is inconclusive that prosecut

as a trial court, and because the relevant evidence is either documentary or unc

olds title to land)), much of the standard evidence of sovereign prescription is

Another frequently encountered problem with Japanese speakers is the choice of

preposition to be used with a noun or a verb. Examples from a minicorpus can be very
helpful for guiding the student with examples from their field. Here is a list showing
how varied the prepositional choices can be and what collocations are frequently used.

Preposition + evidence
 7

585 evidence_of 49 evidence_against

519 of_evidence 47 evidence_as
286 of_the_evidence 46 evidence_on
245 evidence_in 44 evidence_for
191 evidence_to 41 evidence_to_support
100 evidence_of_the 41 the_evidence_of
89 evidence_in_the 40 into_evidence
89 rules_of_evidence 35 no_evidence_of
70 preponderance_of_the_evidence 34 of_evidence_of
69 as_evidence 33 evidence_in_the_record
69 sufficiency_of_the_evidence 32 evidence_from
59 evidence_at 31 evidence_before
59 evidence_or 30 evidence_tending_to
58 evidence_of_a 30 of_evidence_and
55 by_clear_and_convincing_evidence 28 by_evidence

3 Teaching and reference tools

3.1 Development of teaching strategies
As discussed above, while the main focus of this project was aiding student vocabulary
acquisition, in the case of ESP vocabulary, the learner should be made aware of the
various features of a genre text. Here we present an example of a pedagogical strategy
that focuses students’ awareness on the lexical and syntactical features of the target
texts. Next, utilizing this strategy, we present two examples of “pedagogic tasks” (Long
2002) that can be used in the classroom. The pedagogic method utilizes Noguchi’s
(2003) “OCHA” approach to observing, classifying, hypothesizing, and then applying
the language knowledge acquired through this observation to the reading, writing and
understanding of ESP texts and genres.

3.2 Lexical choices

As Author (2004, p. 24) has demonstrated elsewhere, learners of languages for specific
academic purposes can be restricted by reference tools that may overemphasize the
specialized meanings of the language of texts specific to their subject area. At the
expense of this focus on technical language, non-technical and semi-technical usage
may be overlooked. This oversight is apparent in dictionaries and learning aids designed
for specialists and may result from the authors fully understanding the concept of genre
analysis essential to ESP theory. What is needed is more collaboration between subject
 8

area professionals and ESP, or LSP (languages for specific purposes) professionals (see,
eg., Author, et al. 2004). The problem also extends to the second language and
specialized subject classrooms, where the emphasis on technical language may result in
students ignoring the frequent use of general meanings in ESP texts, as Author (2001, p.
181-3) found with “trial” and “try.”

To overcome this limitation in both LSP reference materials and classroom pedagogy,
here we introduce a strategy that integrates an innovative, corpus-based legal dictionary
with a teaching strategy to promote vocabulary learning. First, using the sentence-level
syntax of the genre text as a key to interpreting “the recurring communicative event”
(Author 2001a), the following OCHA steps are introduced to learners as an aid to help
them narrow semantic choices to arrive understand vocabulary items. After students
have learned these steps, they are encouraged to apply the approach as a self-study aid.

3.3 Strategic steps in the OCHA approach

Students are asked to do the following:
1) Observe the form features. In this case, focus on the lexical items and their
environments. Identify key words and patterns in the concordance lines that aid in
clarification.
2) Classify these features. Is there a particular collocation or pattern that is repeatedly
used?
3) Hypothesize about the usage. For example, if the focus item is a verb, a) what
preposition follows it, and what is the object of the preposition? (e.g., ‘charged with
power’, ‘charged with murder’); b) what is the subject and object of the verb; c)
what is the direct object (auxiliaries, complements, modifiers, etc.) that is acted on
by the verb. If it is a noun, a) what is the verb that acts on the noun or b) what is the
pronoun referent?
4) Applying what has been learned from this process involves having students try to
explain how they arrived at their hypotheses and solutions. This practice is a
valuable tool to reinforce learning strategies, as well as a way to have students take
active control of their own learning processes.

4. Task examples
As specific examples of how the OCHA approach is implemented, let us consider how
to teach the various meanings of the word token “charge.” First, students are shown five
examples of its usage from the USCC corpus of USCC.
 9

Usage One:
That even if Easton is to be regarded as master, at the time when the repairs and
supplies were furnished, the fact that they were so furnished, with his knowledge and
consent and under his superintendence, is sufficient to charge the barque with the usual
maritime lien, notwithstanding that Leach may have ordered or directed them.1

Usage Two:
And the charge of taking the vessel to the Pacific, and illegally detaining her there for
his own benefit and advantage, was never heard of until payment for the repairs and
supplies furnished to their barque was made by the libellants.2

Usage Three:
The items ought to have been inserted in the other account, signed by him at the same
time, which contains the charges for which he was personally liable; and his admission
of that account would have been quite sufficient to verify these items.3

Usage Four:
The court refused so to instruct the jury, but charged them: "That the court of admiralty
could not proceed against the vessel while she remained in the custody of an
independent and competent jurisdiction; that the presence of the marshal on the ship did
not prove his custody, for the sheriff's officer was there before him; that the marshal did
not dispossess the sheriff, but prudently retired himself, and informed the court in his
1
14003
WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE
BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN.
SUPREME COURT OF THE UNITED STATES
60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22
DECEMBER, 1856, Term
PRIOR HISTORY: [**1]
THIS was an appeal from the Circuit Court of the United States for the district of Maryland.
2
14003
WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE
BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN.
SUPREME COURT OF THE UNITED STATES
60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22
DECEMBER, 1856, Term
PRIOR HISTORY: [**1]
This was an appeal from the Circuit Court of the United States for the district of Maryland.
3
14003
WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE
BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN.
SUPREME COURT OF THE UNITED STATES
60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22
DECEMBER, 1856, Term
PRIOR HISTORY: [**1]
THIS was an appeal from the Circuit Court of the United States for the district of Maryland.
 10

return that the vessel was in the custody of the sheriff; that if the sheriff first took
possession of the vessel, and maintained it until[**22] she was sold to the plaintiffs,
they had the better title; and that the fact of the continuing possession of the sheriff was
for the jury."4

Usage Five:
The laws of the State charge the master with the custody of the slave, and provide for
the[**232] maintenance and security of their relation.5

Next, using the OCHA strategy as a guideline, students are asked to complete two tasks.

Task One (usage matching 1)

Directions: For each of the five examples above decide whether the usage of “charge” in
the sentence is a general (‘G’) or legal (‘L’) definition.

Task Two (usage matching 2)

Directions: Match each of the uses of “charge” in Task One with the gloss below which
is closest in meaning.
A) An obligation or indebtedness to be paid; a cost; an expense occurred.
B) A formal accusation of the commission of a crime.
C) To instruct a jury about the law.
D) To issue a lien or encumbrance upon property or land.
E) To impose a duty or responsibility on.

5. Development of an electronic tool to aid the OCHA process

To facilitate student work with the corpus and encourage self-study, we developed a
4
JAMES L. AND SAMUEL L. TAYLOR, ADMINISTRATORS OF ROBERTTAYLOR, DECEASED, PLAINTIFFS IN
ERROR, v. NATHAN T. CARRYL, WHO SURVIVED WILLIAM J. WARD.
SUPREME COURT OF THE UNITED STATES
61 U.S. 583; 1857 U.S. LEXIS 490; 15 L. Ed. 1028; 20 HOW 583
DECEMBER, 1857, Term
PRIOR HISTORY: [**1]This case was brought up from the Supreme Court of Pennsylvania, by a writ of error
issued under the twenty-fifth section of the judiciary act.
5
14009
DRED SCOTT, PLAINTIFF IN ERROR, v. JOHN F. A. SANDFORD.
SUPREME COURT OF THE UNITED STATES
60 U.S. 393; 1856 U.S. LEXIS 472; 15 L. Ed. 691; 19 HOW 393
DECEMBER, 1856, Term
PRIOR HISTORY: [**1]
This case was brought up, by writ of error, from the Circuit Court of the United States for the district of
Missouri.
 11

system for electronically searching and translating U.S. Constitutional Cases that also
addresses the need for native language support with Japanese glosses and contextual
clues. The main features of this tool include:
1) A search engine for individual words or phrases in the corpus.
2) Access to external dictionary sources:
a) Identification of common Japanese and English translations as well as usage
(ALC-English-Japanese dictionary),
b) Display of specialized usage of legal terms (Dictionary of British and American
Legal English),
c) Identification of actual usage in text of U.S. Constitutional Cases through a
display of example sentences) (complete set of USCC),
d) Identification of frequency of usage of terms within text of the USCC through a
display of example sentences (corpus of example phrases)
3) Search refinement feature to link the results of a search in one set of data to the next
search in a different data set.

Figure 1 presents the schematic diagram of this reference tool, an electronic “ESP Law
Dictionary for Japanese Students.” A major advantage of this dictionary is the function
that allows students to add their findings to the refine the definition of a word or phrase.
This Wiki-style feature can raise student motivation by giving them an opportunity to
contribute to the learning of others in the class and be useful for their own future
reference. In the future, we hope to make this available online to allow students in other
fields with their own minicorpora to build ESP vocabulary learning environments in
other fields.

<insert FIGURE 1 here>

6. Discussion
The aim of this paper is threefold: to discuss the rationale for using a minicorpus to
teach ESP vocabulary, to introduce the OCHA method to enable students to become
aware of learning strategies for independent learning, and to develop an online
electronic tool to aid ESP vocabulary acquisition. First, we discussed issues related to
the teaching of semi-technical vocabulary, presented tools and techniques for analyzing
such terms, and offered examples of how the analyses can aid the acquisition of
vocabulary in ESP contexts. Here we used legal vocabulary from a corpus of US
 12

Constitutional Cases from the United States. This dedicated minicorpus (as opposed to
large-scale general corpora) was used for the examination of word meanings,
grammatical features, collocational patterns and frequently occurring specific discoursal
features. This information is essential for resolving the problems of law dictionaries
which the lack of examples of how legal words should be used in context and how
words with general senses are used with legal senses in legal documents.

We proposed using the OCHA approach to enable students to discover usages of the
ESP vocabulary of their field. By having them observe the differences in the usage of
words in general and specific contexts as well as to find collocations common to field-
specific corpora, students can become aware of how to handle the vocabulary learning
process. In actual classroom application, this strategy and the tasks presented above
worked well, with university students quickly grasping the OCHA approach and
strategic steps for completing the tasks. Knowledge of the legal and common glosses of
word tokens contributed to student confidence in applying this approach outside the
classroom.

Finally, we introduce an electronic reference tool that can also serve as a repository of
vocabulary knowledge, serving simultaneously as a teaching and reference tool. The
teaching model and tools are used here to teach ESP vocabulary in the legal field but
should be adaptable to other ESP fields.

7 Acknowledgements
The authors would like to acknowledge that this research would not have been possible
if not for a Grant-in-Aid for Scientific Research from the Japanese Ministry of
Education, Culture, Sports, Science and Technology, from March 2004 to April 2006.
We also would like to thank Mr. Shigeru Sasajima and Mr. Yasuhiro Ohzeki for their
feedback and support.

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 13

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