French Language Day: The French Connection to the Bar Exam
Today, March 20th, marks French Language Day, a celebration of the French language’s global influence. While French is known for its impact on cuisine, fashion, and diplomacy, its imprint on law and legal terminology is equally profound. As future lawyers prepare for the bar exam, they encounter numerous French-derived legal terms—some of which could very well appear in MBE, MEE, or MPT questions.
Let’s explore some key French legal terms that every bar examinee should know.
1. Estoppel (from "Estoupail")
One of the most fundamental doctrines in contract law and property law, estoppel originates from the Old French word estoupail, meaning a "stopper" or "plug." The concept of estoppel prevents a party from asserting something contrary to a previous claim or action if it would be unfair to another party who relied on the original assertion.
💡 Bar Exam Tip: Know the different forms of estoppel—promissory estoppel (contracts), collateral estoppel (civil procedure), and equitable estoppel (general equity principle).
2. Force Majeure (Unforeseeable Events)
A contractual clause that frees parties from liability when an unforeseeable event beyond their control—such as a natural disaster or war—prevents performance. Derived from the French phrase meaning “superior force”, this term is a key contract defense.
💡 Bar Exam Tip: While force majeure is not a standard MBE topic, contract-based MEE questions may require an analysis of impossibility and impracticability, closely related doctrines.
3. Larceny (from "Larcin")
A cornerstone of criminal law, larceny comes from the Old French larcin, meaning "theft." Defined as the unlawful taking and carrying away of another’s personal property with intent to permanently deprive, this term remains foundational in theft-related offenses.
💡 Bar Exam Tip: Many states have merged larceny, embezzlement, and false pretenses into theft statutes—but classic MBE questions still test traditional common law definitions.
4. Voir Dire ("To Speak the Truth")
A jury selection process where attorneys question potential jurors to assess their biases. The phrase comes from Old French, meaning "to see (voir) and say (dire)"—in other words, to speak the truth.
💡 Bar Exam Tip: Be aware of peremptory challenges vs. challenges for cause and the constitutional limits on striking jurors based on race (Batson v. Kentucky).
5. Mortgage (from "Mort Gage" – "Dead Pledge")
In property law, a mortgage is a loan secured by real estate, but its origins are grim—literally meaning "dead pledge"in Old French (mort = dead, gage = pledge). The property serves as collateral, and if the debtor defaults, the lender takes it.
💡 Bar Exam Tip: Know the difference between title theory and lien theory states when analyzing foreclosure and redemption rights.
6. Res Judicata ("A Thing Decided")
A doctrine preventing relitigation of claims that have already been fully litigated and resolved. This principle upholds the finality of judgments and ensures judicial efficiency.
💡 Bar Exam Tip: Be able to differentiate between res judicata (claim preclusion) and collateral estoppel (issue preclusion) in civil procedure MBE questions.
7. Profit à Prendre ("Right to Take")
A real property concept, this term refers to the right to enter another’s land and remove resources (such as timber, minerals, or game). Similar to an easement but grants a right of removal.
💡 Bar Exam Tip: Be ready to analyze the creation and termination of nonpossessory interests on the MBE’s Real Property section.
8. Cy Pres ("As Near As Possible")
This doctrine applies in trusts and charitable donations when the original purpose cannot be fulfilled, allowing the court to direct the funds to a similar purpose rather than letting them fail.
💡 Bar Exam Tip: This concept frequently appears in Wills & Trusts MEE questions when a charitable trust’s original purpose is impracticable or impossible.
9. Autre Vie ("Life of Another")
The term "pur autre vie" refers to a life estate that is measured by the lifespan of another person.
💡 Bar Exam Tip: In a question where property is given "to John for the life of Mary," John holds a life estate pur autre vie, meaning that his right to the property ends when Mary dies.
10. Parol Evidence Rule ("Oral Testimony")
Derived from Old French parole (word or speech), the parol evidence rule restricts the introduction of oral or extrinsic evidence to contradict or modify a fully integrated written contract.
💡 Bar Exam Tip: Remember that the parol evidence rule does NOT bar fraud, duress, or mistake claims—these are valid exceptions.
The Napoleonic Code and French legal traditions continue to influence American contract, property, and civil law, particularly in Louisiana (which still retains elements of civil law). So today, on French Language Day, celebrate the rich legal heritage of French! Whether you’re prepping for the bar exam or simply enjoying a croissant at your favorite café, take a moment to appreciate the joie de vivre of legal language.
Bonne chance! (Good luck!)
