One of the most bewildering false friends is the word mandate.
According to Black’s Law Dictionary, mandate comes from the Latin word mandamus which means “we command.”
Thus,
- in the US, a mandate is an order from an appellate court instructing a lower court to take a specific action. While in British English, it is an order from a court of law instructing someone to do something specific.
- It is also, an order given by a judge to an officer of the court to enforce a court order.
- While a mandate in politics is when voters show overwhelming for a candidate or proposition.
- Finally, a specific mandate is when someone is asked to act on behalf of another and in their name regarding one or more specific issues. Thus, a lawyer has a mandate to act on behalf of a client. In other words, the lawyer is mandated by the client.
The German words Mandat and Mandant are according to Duden from the Latin mandatum which is Auftrag, Weisung (2. Partizip von: mandare: anvertrauen‚ beauftragen).
Thus,
- ein Mandat is the instruction (Weisung) to carry out something for someone or to represent someone in a legal matter.
- In English, the process of giving instructions to a lawyer cannot be called an order (German translation for Auftrag); therefore, it is called instructing a lawyer.
- Ein Mandant (auch Klient) is the person who instructs a lawyer to act on their behalf.
- A client is someone who instructs a lawyer or other professionals to advise and act in their interest. (Latin: cliens in Roman Law is one dependent on another for their defence in a suit)
