ESP - LEGAL ENGLISH Ipravniengleski.yolasite.com/resources/pravo final skripta.pdfLegal English I Unit 1 3 DISCUSSION LAW I. Read and think LAWS are separate, individual rules.A LAW

THE FACULTY OF LAW

ESP - LEGAL ENGLISH I

Doc. dr Jelena Pralas

Legal English I Unit 1

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UNIT 1 � Law � Law and justice � Legal vs. moral � Legalese � Essay writing

LAW AND JUSTICE

KEY VOCABULARY LAW, the body of official rules and regulations, generally found in constitutions and legislation, is used to govern a society and to control the behaviour of its members. In modern societies, a body with authority, such as a court or the legislature, makes the law: and a law enforcement agency, such as the police, makes sure it is observed. In addition to enforcement, a body of expert lawyers is needed to apply the law. This is the role of the judiciary - the body of judges in a particular country. Of course, legal systems vary between the countries, as well as the basis for bringing a case before a court or tribunal. One thing, however, seems to be true all over the world – starting a legal action is both expensive and time-consuming. The concept of JUSTICE is a bit different. Justice is what is right, fair, appropriate, deserved. It is identical to the truth. It is upholding of rights and punishment of wrongs. Law should be written to be as just as possible and in a just society the right criminal is punished for each crime committed and he is punished in a fair way.


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LISTENING 1

WHAT IS LAW?

I. You are a student of law in the University. The title of your first lecture is „What is Law?“. a. Write a definition of law b. What other ideas will be in this lecture? Make some notes.

II. Listen to Part 1 of the talk. What does the lecturer say about law? Tick one or more of the following: a. It's about rules. b. It is about not doing things. c. It is about punishment. d. It is more complex than this.

III. In part 2 of the talk, the lecturer mentions BAR, FAIR and JUST. a. What do these words mean in general English? b. What do they mean in law? c. Listen and check your ideas.

IV. In part 3 of the talk the lecturer describes different branches or types of law. a. How many branches or types of law you can think of? b. Listen and check your ideas.

V. In the final part of the talk the lecturer gives a definition of law and

some examples. Listen and mark each word in the box D if it is part of the definition and E if it is part of the example.

set rules drive forbid speed require limit camera actions

VI. Write a definition of law. Use words from Exercise V.


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DISCUSSION LAW I. Read and think

LAWS are separate, individual rules. A LAW is one individual rule, or one Act of Parliament. LAW or THE LAW is a whole system. Each rule, which we call A LAW, is a part of the whole system, which we call LAW or THE LAW.

II. In pairs, discuss the use of the word LAW in the following:

a. If you break the law, you must expect to be punished. b. There is no democracy without the rule of law. c. Boyle's law is a scientific principle. d. With the president's signature the bill becomes a law. e. Driving when you've had too much to drink is against the law. f. She is a student of Law. g. Their ultimate goal is to establish law and order. h. You'll find the definition of «asylum seeker» in the Law on Citizenship. i. He took the law into his own hands and shot the burglar.

III. What terms would you use in your mother tongue for each of the terms in exercise II? IV. Try to match the sentences from the II with the following:

1. a rule that is supported by the power of government and that controls the behaviour of members of society

2. the whole set of such rules 3. a statement expressing what has been seen always to happen in certain

conditions 4. respect and obedience for the law in society

JUSTICE V. Fill in the gaps with the following words:

power prejudice justice impartially facts In the law courts of the United Kingdom, the symbol of ___________ is portrayed as a woman holding out a set of scales in one hand and a sword in the other. The sword is held in the right hand and represents the ___________ of discrimination and judgment, applied ___________ after weighing up the ___________ presented on the scales held out in the other hand. Furthermore, to show that judgment is made "without ___________" the woman wears a blindfold.


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READING

Pre-reading Discuss: 1. Look at the title of the text below. What do you understand by miscarriage of justice? What do you think might be done to avoid it? 2. Different punishments are used in various countries for the same type of crimes. In your opinion, should cultural/religious code of behavior be taken into account when deciding on somebody’s guilt/innocence or the type of punishment/length of sentence?. Reading

Miscarriage of Justice Any system operated by human beings, with all our fallings and despite all the safeguards is fallible. It is inevitable that there should occasionally be miscarriages of justice. Witnesses sometimes make mistakes, so perhaps do juries, and even a judge may go wrong. What is important is that when miscarriages of justice occur we should be careful to apply the lessons which they may bring with them. Perhaps the most remarkable case of a miscarriage of justice - a case involving systematic frauds on women, was that of Adolf Beck. What is especially notable about this case is that it led shortly afterwards to a fundamental reform in the English legal system. In 1895, when the first blow fell, Adolf Beck, a Norwegian who had business interests in Britain, was living in Westminster in the very heart of London. At that time, an ex-convict, W. Thomas, alias John Smith, who had been convicted of numerous frauds on women, was back again at his old tricks in London. Both men were of similar age and build, had grey hair and grey moustache. Thomas had a little scar on the right side of his neck, resembling a mole. He was well dressed and usually wore black frock coat. Beck also had a mark on the right side of his throat and a mole close to it. He also used to wear a black frock coat. In December 1895, a woman who had been defrauded by W. Thomas, saw Beck near Victoria station in London. She was at once convinced that Beck was the man who had defrauded her of her jewels. So began the case which will be for ever remarkable in English history of criminal justice. Beck was up for identification and the women who had been defrauded, one after another, picked out Beck as the man who had cheated her. None of the property in question was in the possession of Beck, but the prosecution assumed he had promptly got rid of it. They assumed that he was W. Thomas, ex-convict, and when the defense sought to enquire whether he was in fact the same person, the prosecution successfully objected lest he might be prejudiced in the eyes of the jury, for the jury, as a rule, knew nothing of a prisoner’ s criminal history, if he had one. In addition, in those days a prisoner did not have the right to give evidence on his own behalf. So, merely hearing his protestations of innocence, the jury found Beck guilty and he was sentenced to seven years penal servitude.


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He was released from prison in the summer of 1901. W. Thomas was arrested the same year and confessed to the crime Adolf Beck had been accused of. So, truth and justice triumphed at last. Beck was given 5000 pounds of compensation but nobody could take away the ordeal he had passed through. Even a Committee of Inquire was set up and the vindication of Beck was complete. As a result, the Court of Criminal Appeal was established in 1907 - a court to which any person who complains of his conviction before jury, or of his sentence, may resort.

(Adapted from BBC European Service: A Magistrate’s Remember) Post-reading Comprehension check:

1. Discuss on what grounds this miscarriage of justice occurred and why the prosecution assumed that Beck was guilty.

2. Would this be possible today? 3. Why was this case important for the English legal system?

Vocabulary: 1. Mach the terms from column A with their meaning in column B:

A B 1. fraud 1. ex-convict 2. to convince 3. inevitable 4. prejudice 5. vindication 6. fallible 7. alias 8. ordeal 9. penal 10.to resort

a) false name b) suffering c) cannot be prevented d) former prisoner e) to turn to f) punishable g) misrepresentation leading to a deceit h) a strong bias i) exoneration j) likely to make a mistake k) to persuade


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VOCABULARY I. Match the phrase with justice with the appropriate explanation 1. escape justice 2. bring somebody to justice 3. justice has been served 4. do justice to somebody 5. poetic justice

A) a situation in which someone is made to suffer for something bad they have done in a way that seems perfectly suitable or right.

B) Someone has been treated fairly or has been given a punishment they deserve

C) To catch someone who you think is guilty of a crime and arrange for them to go to court

D) Avoid being punished for a crime E) To treat or represent someone in a way that

is fair and shows their best qualities II. Fill in the gaps with the appropriate phrase from exercise I:

1. After being bullied by her for so long, it struck me as ________________ that she was now being victimized.

2. Military intelligence suggests that Osama Bin Laden is probably still hiding in Afghanistan, but British Government claim that he cannot hide forever and that he surely cannot ________________.

3. We will not rest until her killer __________________. 4. The photo ________________ – she was really beautiful and in the photo she looks too

thin. III. Collocations with “law”:

Note the phrase used to describe what the law states:

“Laws govern important things and relations in our society” Other phrases that collocate with “law” include: provides for emergency procedures in the event of fire provides that decisions can be vetoed by the president sets down the requirements for a lawful procedure THE LAW lays down strict standards for water quality requires that helmet be worn at all times allows that the same official be re-elected IV. Fill in the sentences with the following phrases (in the appropriate form):

a. as the law stands b. law and order

c. the letter of the law d. take the law into your own hands

1. When police failed to arrest the suspect, local people _________________ and beat him

up. 2. _______________ you can get married while still too young to have a driving licence. 3. In spite of the difficulties it would cause her family, the judge stuck to

_________________ and jailed her. 4. Marital law was imposed to prevent the breakdown of ________________.


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V. Find the definition for each term

1. Authority 2. Court 3. Govern 4. Judge 5. Law enforcement agency 6. Lawyers 7. Legal action 8. Legal system 9. Legislation 10. Rule 11. The judiciary 12. Tribunal

a) A body that is appointed to make a judgment or inquiry

b) A country’s body of judges c) An act or acts passed by a law-making body d) Behaviour recognized by a community as

binding or enforceable by authority e) Legal proceedings f) An official body that has authority to try

criminals, resolve disputes, or make other legal decisions

g) An organization responsible for enforcing the law, especially the police

h) A senior official in a court of law i) The body or system of rules recognized by a

community that are enforceable by established process

j) The control resulting from following a community’s system of rules

k) Members of the legal profession l) To rule a society and control the behaviour

of its members VI. Fill in the gaps in the text with the most appropriate of the following words: custom jus ethics govern equal unjust wrongs value impartial forbid

Justice is the basic _______ which a system of law in any country seeks to attain. It is a difficult concept because everybody has a different subjective idea what justice is, and it depends on the moral principles known as ________, which differ from country to country and from person to person. The word itself comes from the Latin _______, which means a right deriving from a rule of law. So, a simple idea of justice is the upholding of rights and punishment of ________ by the law. This is what we mean by fairness and we have a strong idea of the rules of “natural justice”: the basic requirements of a fair, open hearing, _________court (judge and jury), giving each side an ________ chance to state its case and to call evidence in support of it. This is what is known as “doing justice according to law”.

Although the basic notion of justice has survived through centuries, laws change from time to time in order to keep up with changes in a society’s values and with development of technology. There are rules that are basic, commonsense rules of everyday life (for example, we must not kill or rob), that _______ things which everyone thinks are plainly or morally wrong. There are laws that _______important things and relations in our society or community about which we learn from the experience. Some of the rules have gradually developed over a period of time, and have grown out of ________ which has settled as the accepted way of behavior. Many more rules have been laid down by parliament. Although the laws themselves may be just or _______ depending upon how you look at them, they can be said to be just when they create the conditions leading to peace, happiness and prosperity for all individuals.


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Speaking Explaining what a law says There are several ways to refer to what a law says. Look at the following sentences:

1. The law stipulates that corporations must have three governing bodies. 2. The law provides that a witness must be present. 3. The patent law specifies that the subject matter must be ‘useful’.

These verbs can also be used to express what a law says: The law states/sets forth/determines/lays down/prescribes that…. Choose a law that you are familiar with and explain what it says using the verbs listed in the box above.


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Speaking

MORAL RESPONSIBILITY

I. Please read the story, then follow the instructions given below.

As he left for a visit to his outlying district, the jealous Prince warned his pretty wife: «Do not leave the castle when I am gone, or I will punish you severely when I return!»

But as the hours passed, the young Princess grew lonely, and despite her husband's warning, decided to visit her lover who lived in the countryside nearby.

The castle was located on an island in a wide, fast flowing river, with a drawbridge linking the island and the land at the narrowest point in the river.

«Surely my husband will not return before dawn,» she thought, and ordered her servants to lower the drawbridge and leave it down until she returned.

After spending several pleasant hours with her lover, the Princess returned to the drawbridge, only to find it blocked by a madman wildly waving a long and cruel knife.

«Do not attempt to cross the bridge, Princess, or I will kill you,» he raved. Fearing for her life, the Princess returned to her lover and asked him to help.

«Our relationship is only a romantic one,» he said, «I will not help. «The Princess then sought out a boatman on the river, explained her plight to him, and asked him to take her across the river in his boat.

«I will do it, but only if you can pay my fee of five Euros.» «But I have no money with me!» the Princess protested. «That is too bad. No money, no ride,» the boatman said flatly. Her fear growing, the Princess ran crying to the home of a friend, and after again

explaining the situation, begged for enough money to pay the boatman his fee. «If you had not disobeyed your husband, this would not have happened,» the friend

said. «I will give you no money.» With dawn approaching and her last resource exhausted, the Princess returned to

the bridge in desperation, attempted to cross to the castle, and was slain by the madman. II. In the story above, there are six characters. They are (in alphabetical order): The Prince ____________ The Friend _________________ The Princess ____________ The Lover _______________ The Boatman _____________ The Madman ____________ Using the list above, rank the characters (from 1 to 6) in the order of their responsibility for the death of the Princess. III. Discuss your decision with the rest of the class


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Discussion LEGAL VS. MORAL

I. Discuss the following questions in the class:

2. Is there anything that you consider to be immoral, although it is legal? Try to make a list and share it with the class.

3. Do you think that the items from your list should be made illegal? Explain 4. Is there anything that you consider to be moral, although it is illegal? Try to make a

list and share it with the class. 5. Do you think that the items from your second list should be legalized? Explain

II. Read the introduction to the article “It’s Simple Really” by Shelly Strauss Rollison.

It's Simple, Really by Shelly Strauss Rollison

Introduction I know I've written about this topic many times, but it's been coming up a lot in many of the conversations I'm having in both real life and online. Not being a person who believes in coincidence, I take such recurrences as a sign and so I'm addressing it again. The issue is one that most people make far too complicated: legal vs. moral. Legal/illegal are objectively defined: moral/immoral (right/wrong) are subjectively defined based on what you believe and what faith you hold dear (even if that faith is atheism or agnosticism.) The Supreme Court of the United States, in the Lawrence v Texas ruling a couple years ago, reaffirmed that the job of government is NOT to define morality. They recognized that morality is based on one's personal beliefs and that such beliefs are part of one's right to life, liberty and the pursuit of happiness.

The founding fathers wrote a document entitled the Declaration of Independence. In that document, it declares that all individuals are entitled to life, liberty and the pursuit of happiness and that it is the government's job to protect those rights for EVERY individual. There is, in reality, only one way that can happen: through the limitation of any individual's actions that would interfere with another's right to live his or her life as s/he sees fit. This limitation can be voluntary or it can be done through the legal system. The problem is that over the course of the past 230 years (almost), the legal system has been clogged with unconstitutional laws. As a result, the line between legal and moral has been blurred so much that many have come to equate the two. In the past, I have always addressed this issue from a logical point of view. This time, it's going to be from a sort of experiential point of view. I'm going to provide examples of the difference between moral and legal. A key point to remember is that of the role of the government: to protect the rights of every individual to live his/her life as s/he sees fit.


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III. Split into groups and discuss the examples provided by the author. Try to decide whether the situations are illegal or not and whether the state has the right to interfere. Report to the rest of the class!

IV. Read the conclusion of the article. Do you agree with it?

Conclusion

The question to ask yourself with respect to any action you take is "Does this harm someone else or interfere with their ability to live their life as they see fit?" If it does, then it should be illegal. If it does not, then it should be legal. Whether or not you consider some actions that are legal to be immoral is between you and your conscience. You might even consider some actions that are illegal to be moral. The two are not synonymous since morality is based solely and utterly on what one believes. One need only look at the Catholic position on birth control: those Catholics who use birth control obviously don't find birth control immoral although the faith they profess to follow does. So morality is based on the beliefs of the individual, which are protected by the first amendment, which is why the government must not legislate morality and why any law that attempts to do so is unconstitutional.

V. Take the complete article from your teacher and read it.


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LEGALESE Legal writing in English has developed over hundreds of years and is characterised by specific features, some of which can make it difficult for the non-lawyer to understand. Characteristics of legal writing include:

t using Latin terms; t using technical terms; t using old-fashioned words not much in general use; t using pairs of words with a reciprocical relationship (lessor/lessee); t using legal jargon (without prejudice to) including the use of pairs of words

(terms and conditions), or triplets (bild, erect or construct); t having special meanings for words in ordinary use (the udge determined the

facts of the case, where determined means decided); t using vague words (provide a sufficient service); t using long sentences with little punctuation; t inverting word order (title absolute); t using capital letters to signal important or defined terms (the term of the

Lease..); t avoiding personal pronouns (you, we, I); t the specific use of the modal verb shall to impose an obligation or duty on

someone (The tenent shall not sub-let the whole or part of the premises) There is a movement to draft legal text in standard, modern, 'plain' English but any change will be slow. I Read the text. The underlined words are probably familiar to you in general English. But can you think of a different meaning for each word in legal English?

My friend walked into the bar. He was carrying a small case. We had a brief

conversation about the weather and then started chatting about last night's football

match. I have hardly finished a sentence when he complained that his team had

lost because the defence had been really bad. They had played without any

conviction. I took stand against him and said you shouldn't judge a team on the

evidence of just one match.


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II Read these sentences from legal texts. Complete each sentence with one of the underlined words from Exercise I

1. The ______________ asked the members of the jury to leave the court. 2. A solicitor gives ______________ to the barrister which consists of important

legal documents. 3. My lawyer disagreed with the verdict and wants my _____________ to go to a

higher court. 4. The accused was shocked when he was found guilty and given a four year

prison ________________ . 5. I think she already has a __________________ for shoplifting. 6. As the key witness took the ___________ there was complete silence in the

court. 7. The prosecution hasn't got enough ________________ to secure a guilty verdict. 8. Barristers are lawyer who have been called to the _____________ . 9. The lawyers for the _______________ complained that their client could not get

a fair trial.

PREPOSITIONS I Legal vocabulary often uses prepositions. Please complete the following sentences using the following prepositions. Some of them can be used more than once.

under, into, on, against, as, of, from, in, to

1. The police officer informed the suspect that he was……………………….arrest. 2. Witness must give evidence……………………….oath. 3. He argued that he had committed the crime……………….duress. 4. The parties entered………………….a distribution agreement. 5. The company discriminated………………………….its women employees in relation

to their salary. 6. The court served the judgment………………………the parties. 7. Te borrower gave his house ………………….security for the loan from the bank. 8. Fining the newspaper for the article that it had written on the politician was a

violation of freedom………………….the press. 9. The Mafia try to extort money………………………local shops and businesses. 10. The witness claimed that his life was………………………..danger. 11. The court awarded the defendant £5000 ………………..damages. 12. Suspected football hooligans can be prohibited…………………..leaving the

country to watch football matches abroad.


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Writing

Introduction to essay writing

An essay can have many purposes, but the basic structure is the same no matter what. You may be writing an essay to argue for a particular point of view or to explain the steps necessary to complete a task. Either way, your essay will have the same basic format.

STRUCTURE OF AN ESSAY:

• INTRODUCTION – thesis statement • BODY – (the longest part of the essay; can contain as many paragraphs

as needed to support the controlling ideas of your thesis statement) o paragraph 1 – topic sentence (support statements) o paragraph 2 – topic sentence (support statements) o paragraph 3 – topic sentence (support statements) ....

• CONCLUSION - (restatement or summary of the main points, final comment, and concluding sentence)

I. Read the jumbled paragraphs of the essay “Can a cat be a good house pet?”. Put the paragraphs in order.

1. ___________________

2. ___________________

3. __________________

4. __________________

5. ___________________

A) In the first place, people enjoy the companionship of cats. Many cats are affectionate. They will snuggle up and ask to be petted, or scratched under the chin. Who can resist a purring cat? If they're not feeling affectionate, cats are generally quite playful. They love to chase balls and feathers, or just about anything dangling from a string. They especially enjoy playing when their owners are participating in the game. Contrary to popular opinion, cats can be trained. Using rewards and punishments, just like with a dog, a cat can be trained to avoid unwanted behavior or perform tricks. Cats will even fetch!

B) Cats are low maintenance, civilized companions. People who have small living quarters or less time for pet care should appreciate these characteristics of cats. However, many people who have plenty of space and time still opt to have a cat because they love the cat personality. In many ways, cats are the ideal house pet.


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C) Lastly, one of the most attractive features of cats as house pets is their ease of care. Cats do not have to be walked. They get plenty of exercise in the house as they play, and they do their business in the litter box. Cleaning a litter box is a quick, painless procedure. Cats also take care of their own grooming. Bathing a cat is almost never necessary because under ordinary circumstances cats clean themselves. Cats are more particular about personal cleanliness than people are. In addition, cats can be left home alone for a few hours without fear. Unlike some pets, most cats will not destroy the furnishings when left alone. They are content to go about their usual activities until their owners return.

D) "A dog is man's best friend." That common saying may contain some truth, but dogs are not the only animal friend whose companionship people enjoy. For many people, a cat is their best friend. Despite what dog lovers may believe, cats make excellent house pets.

E) In the second place, cats are civilized members of the household. Unlike dogs, cats do not bark or make other loud noises. Most cats don't even meow very often. They generally lead a quiet existence. Cats also don't often have "accidents." Mother cats train their kittens to use the litter box, and most cats will use it without fail from that time on. Even stray cats usually understand the concept when shown the box and will use it regularly. Cats do have claws, and owners must make provision for this. A tall scratching post in a favorite cat area of the house will often keep the cat content to leave the furniture alone. As a last resort, of course, cats can be de-clawed.

II. Now match each paragraph with the following items of essay structure

_________ Introduction

_________ Body (paragaraph 1)



_________ Conclusion


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ADDITIONAL MATERIAL

It's Simple Really by Shelly Strauss Rollison

Introduction I know I've written about this topic many times, but it's been coming up a lot in many of the conversations I'm having in both real life and online. Not one who believes in coincidence, I take such recurrences as a sign and so I'm addressing it again. The issue is one that most people make far too complicated: legal vs. moral. Legal/illegal are objectively defined: moral/immoral (right/wrong) are subjectively defined based on what you believe and what faith you hold dear (even if that faith is atheism or agnosticism.) The Supreme Court of the United States, in the Lawrence v Texas ruling a couple years ago, reaffirmed that the job of government is NOT to define morality. They recognized that morality is based on one's personal beliefs and that such beliefs are part of one's right to life, liberty and the pursuit of happiness.

The founding fathers wrote a document entitled the Declaration of Independence. In that document, it declares that all individuals are entitled to life, liberty and the pursuit of happiness and that it is the government's job to protect those rights for EVERY individual. There is, in reality, only one way that can happen: through the limitation of any individual's actions that would interfere with another's right to live his or her life as s/he sees fit. This limitation can be voluntary or it can be done through the legal system. The problem is that over the course of the past 230 years (almost), the legal system has been clogged with unconstitutional laws. As a result, the line between legal and moral has been blurred so much that many have come to equate the two. In the past, I have always addressed this issue from a logical point of view. This time, it's going to be from a sort of experiential point of view. I'm going to provide examples of the difference between moral and legal. A key point to remember is that of the role of the government: to protect the rights of every individual to live his/her life as s/he sees fit.

Example 1: Jack believes that he has the right to kill anyone he wants whenever he wants. So he goes out one night and kills Jim. In doing so, Jack has violated Jim's right to live his life as he sees fit, therefore, what Jack did is illegal and the state must remove Jack from society until such time as Jack is willing to respect everyone else's right to live their life as they see fit. The state is making no moral judgment on whether killing is moral or not: it is simply illegal because it interfered with another's right to live his/her life as s/he wants.

Example 2: Sue believes that she can marry anyone she wants, as long as they're both legal adults who are able to give informed consent. Sue wants to marry Jane and Jane wants to marry Sue. If Sue marries Jane, neither of them are interfering with anyone else's right to live their life as they see fit, therefore the state has no valid reason for making such an activity illegal. Any laws that make it illegal are therefore unconstitutional because said laws are not protecting anyone's rights but they are preventing Sue and Jane from exercising their rights.

Example 3: Tim believes he has the right to end his life when he decides that the quality of his life has fallen and will remain below a level he finds acceptable. Tim finds out that he's got inoperable brain cancer. He sells everything he has to finance the things he wanted to do but never got around to doing. When he's done, he decides to end his life and seeks the assistance of his physician to prescribe an overdose so that he will die painlessly and safely. The physician writes him a prescription knowing Tim's intentions and is later arrested and charged with murder. Such an arrest is unconstitutional. The acts of the physician did not violate anyone else's right to live their life as they see fit and therefore the government has no basis for preventing such an occurrence.

Example 4: Mary believes she has the right to end her life when she decides that the quality of her life has fallen and will remain below a level she finds acceptable. Mary marries Lou and after several years of wedded bliss, Mary develops inoperable cancer. She and Lou begin taking trips and going places and doing things she's always wanted to do. But she's in ever increasing pain. One day, Lou slips marry an overdose and Mary dies. Lou is arrested for her murder. And rightly so. While Tim (from example 3) and Mary held the same belief, in Tim's case it was he himself who decided when it was time to die. In Mary's case, it was Lou who decided when it was time to die. Lou interfered with Mary's right to live her life as she saw fit, which included her right to choose to end her life when SHE felt the quality of her life had fallen too low. Lou took that choice from her.

Example 5: Jason believes he can drink a six pack of beer and still be safe behind the wheel. He stops at the bar after work one day and downs six beers before heading home in his car. He gets pulled over by the police for a headlight that's out— not for erratic driving— and the officer smells alcohol and administers a field sobriety test, which Jason passes, and then a breathalyzer, which he fails. He is arrested for DUI. And rightly so. Whether or not Jason believes he can drink six beers and still be safe behind the wheel, it is fact that drinking impairs judgment and increases the risk of car accidents. Anyone climbing into a car today— or even living near


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where cars are driven— has accepted the inherent risk that automobiles present: accident will happen and lives, including theirs, may be lost. But Jason, by drinking and driving, has INCREASED that risk without the permission of those he may pass on the road. Therefore, laws preventing drunk driving are constitutional because they protect the rights of ALL individuals.

Example 6: Connie is a smoker. She smokes in her car, in her house and outside on her porch. She believes she should have the right to smoke wherever she wants in public. But in doing so, Connie is forcing others to breathe her cancer-causing second hand smoke. Therefore, laws banning smoking in public places are constitutional because they're protecting the rights of ALL individuals.

Connie, however, argues that by banning smoking, you're violating the rights of the bar owner to allow whatever behavior he wants in his bar. Anyone coming into a bar has to know that the bar will be smokey and so they're tacitly agreeing to breathe smoke-filled air. Even employees have to know that when they take a job there, they're going to have to breath smoke-filled air. Therefore, it's the non-smoker's responsibility to not expose him-/herself to those places and to go elsewhere to dine.

As "logical" as that may sound, the bottom line is that the smoker is the one introducing the dangerous chemical into the shared environment and therefore it is the smoker's responsibility to insure that such chemicals don't affect others. Bar and restaurants are open to the public and as such, it is the bar owner's responsibility to protect the health and welfare of ALL the public who enter there-- smoker and non-smokers alike. If the bar owner wants a place where anyone can smoke anywhere, then s/he should open a private, members only club. All potential members and employees would be informed of the "smoke anywhere" policy. When a bar hires a bartender, the bartender is hired to mix and serve drinks. S/he should not be forced to compromise his/her health in order to hold a job unless such risk is inherent in the job. (For example, fire fighters have an inherent risk of having to breathe smoke and/or be burned while fighting fires.) There is no such inherent risk to the health in mixing and serving drinks to others. Simply walking into a bar does not mean that one gives informed consent to be poisoned by second hand smoke-- it means one has come to enjoy a drink and/or to dine.

Oh, and one more thing. I'm a social smoker. But I don't even smoke in my own home because of my kids. I don't smoke in the car if they're in the car with me. And if I want to smoke when I'm with a crowd of people, I move away from the crowd (and downwind) so my smoke doesn't bother anyone else.

Example 7: Mike believes he has the right to smoke marijuana. But he realizes it does impair his ability to operate a motor vehicle and so he never drives after he uses it or does anything might endanger anyone else. He doesn't use it before going to work or any other time when his he needs to be unimpaired. He grows his own weed in his home and doesn't offer it to anyone else although he will share if asked by another consenting adult. He never gives weed to minors and he never sells what he grows. What Mike is doing is not violating the rights of any other individual and therefore the government has no justification for making it illegal.

Example 8: Sharon believes she has the right to gamble on who's going to win sporting events. As long as she's using her money that's not supposed to be paying bills, then her actions are not interfering with anyone else's right to live their life as they see fit and the government has no justification for making it illegal.

Example 9: Tom believes he should be able to pay someone to have sex with him and Allison believes that she should be able to earn a living having sex with whoever is willing to pay her, provided they are legal adults able to give informed consent. As long as both reveal relevant health facts and use precautions against the transmission of STD's and any partners they have are aware of their intent, then their actions are not violating the rights of any other individual to live his/her life as s/he sees fit and the government has no justification for making it illegal.

Conclusion

The question to ask yourself with respect to any action you take is "Does this harm someone else or interfere with their ability to live their life as they see fit?" If it does, then it should be illegal. If it does not, then it should be legal. Whether or not you consider some actions that are legal to be immoral is between you and your conscience. You might even consider some actions that are illegal to be moral. The two are not synonymous since morality is based solely and utterly on what one believes. One need only look at the Catholic position on birth control: those Catholics who use birth control obviously don't find birth control immoral although the faith they profess to follow does. So morality is based on the beliefs of the individual, which are protected by the first amendment, which is why the government must not legislate morality and why any law that attempts to do so is unconstitutional.


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Can a cat be a good house pet?

"A dog is man's best friend." That common saying may contain some truth, but dogs are not the only animal friend whose companionship people enjoy. For many people, a cat is their best friend. Despite what dog lovers may believe, cats make excellent house pets.

In the first place, people enjoy the companionship of cats. Many cats are affectionate. They will snuggle up and ask to be petted, or scratched under the chin. Who can resist a purring cat? If they're not feeling affectionate, cats are generally quite playful. They love to chase balls and feathers, or just about anything dangling from a string. They especially enjoy playing when their owners are participating in the game. Contrary to popular opinion, cats can be trained. Using rewards and punishments, just like with a dog, a cat can be trained to avoid unwanted behavior or perform tricks. Cats will even fetch!

In the second place, cats are civilized members of the household. Unlike dogs, cats do not bark or make other loud noises. Most cats don't even meow very often. They generally lead a quiet existence. Cats also don't often have "accidents." Mother cats train their kittens to use the litter box, and most cats will use it without fail from that time on. Even stray cats usually understand the concept when shown the box and will use it regularly. Cats do have claws, and owners must make provision for this. A tall scratching post in a favorite cat area of the house will often keep the cat content to leave the furniture alone. As a last resort, of course, cats can be declawed.

Lastly, one of the most attractive features of cats as house pets is their ease of care. Cats do not have to be walked. They get plenty of exercise in the house as they play, and they do their business in the litter box. Cleaning a litter box is a quick, painless procedure. Cats also take care of their own grooming. Bathing a cat is almost never necessary because under ordinary circumstances cats clean themselves. Cats are more particular about personal cleanliness than people are. In addition, cats can be left home alone for a few hours without fear. Unlike some pets, most cats will not destroy the furnishings when left alone. They are content to go about their usual activities until their owners return.

Cats are low maintenance, civilized companions. People who have small living quarters or less time for pet care should appreciate these characteristics of cats. However, many people who have plenty of space and time still opt to have a cat because they love the cat personality. In many ways, cats are the ideal house pet.


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UNIT 2 � Classification of law � UK legal system � Word formation � Sources of law � Legalese � Essay writing

BRANCHES OF LAW KEY VOCABULARY

A. National law Law/Statute/Act Draft law (bill) Regulations Code(s) Constitution Guidelines

Case law/Judgments/Precedents

B. International Law

Convention/Treaty Protocol Regulation/Directive (European Union) Case Law

Branches of Law Some of the branches of law are: Constitutional Law Criminal Law Commercial Law Employment Law Contract law Property Law Family Law What other areas of law do you know?

The history and development of a nation influence the shape, focus and scope of its legal system. For example, the United States, Canada and Great Britain once shared the same system, but since the American War of Independence that common system has split into three distinct systems. The United States has one relatively brief document that is known as the Constitution; all other laws in the United States, whether state or federal, must be consistent with it. Because of its importance, the constitution is very difficult to amend. In Canada, however, there are many documents that together form that country’s constitution. The United Kingdom, on the other hand, has no such special documents. It is difficult to find a unique classification of law since it is a very broad category, influenced by many aspects, as well as by historical development. One way of classifying and


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understanding the law is by subject matter. Lawyers often divide law and legal system into two: criminal law and civil law.

READING

CLASSIFICATION OF LAW It is difficult to find a unique classification of law since it is a very broad category, influenced by many aspects, as well as by historical development. The following are some of the main divisions of law that can be found in English legal theory.

Common Law and Statutory Law Common law, also known as English law, Anglo-Saxon law and Anglo-American law, is uncodified, judge-made law or case-law based on judicial decisions, customs and traditions interpreted in court cases by judges and embodied in reports on decided cases (precedents). The judge is the interpreter, modifier and creator of law. Statutory law, also known as code law and civil law, is written law, that is, the law codified by law making bodies called legislature. It is derived from statutes rather than from constitutions and judicial decision. Hence, the judicial decisions in courts are based on interpreting the statutes.

Substantive Law and Procedural Law

Substantive law is the part of the law that creates, defines and regulates the rights, duties and powers of parties (examples: civil law, criminal law, etc). Procedural law comprises rules that describe the steps for having a right of duty judicially administered and enforced (examples: civil procedural law, criminal procedural law, etc.).

Public Law and Private Law

Public law deals with the relations between private individuals and the government, and with the structure and operation of the government itself (constitutional law, administrative law, criminal law, tax law, etc.) Private law deals with private persons, their property and relations. It is concerned with regulation and enforcement of rights in cases where both the person in which the right inheres and the person upon whom the obligation devolves are private individuals (civil law, family law, property law, contract law, etc).

Positive Law and Natural Law

Positive law - the term derives from the medieval use of positum (Latin for “established“) so that the phrase positive law literally means “law established by human authority”. It is also termed as: jus positivum, or man-made law (as opposed to natural law) Positive law typically


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consists of enacted law - the codes, statutes and regulations that are applied and enforced in the court. Natural law can be a) a physical law of nature (example: gravitation is a natural law) b) a system of legal and moral principles deriving from a conception of human nature or divine justice rather than from legislative or judicial action.

Domestic Law and International Law

Domestic law, also known as national law or internal law, regulates domestic affairs in one country. International law comprises legal principles governing the relations between nations. It is actually the law of international relations embracing not only relations among different countries and nations, but also such participants as international organizations, multinational corporations, non-governmental organizations and even individuals. Thus, there is a further division of this law to:

Public international law which is based on international treaties, charters, declarations and resolutions

Private international law, also termed as international conflict of laws, resolving a difference between the laws of different countries in a case where a transaction is related to two or more jurisdictions. It also regulates relations among private individuals where there is a foreign element involved.

Civil Law and Criminal Law Civil law governs the relations between individuals and defines their legal rights. A party bringing suit seeks legal redress in a personal interest, such as for a breach of contract, a divorce action, a copyright violation, etc. Criminal law defines crimes against person, state and public peace and order, or property and provides for appropriate punishment. A case in criminal law is invariably brought in the name of government, no matter at what level it may arise. Criminal cases comprise such felonies or major crimes as: homicide, espionage, rape, burglary, perjury, etc.

Post-reading I. Decide whether the following statements are true or false:

1. Private international law is based on international treaties, charters, declarations and

resolutions.

2. Positive law consists of enacted law - the codes, statutes and regulations that are applied

and enforced in the court.

3. National law regulates domestic affairs in one country.

4. Civil law defines crimes against person, state and public peace order and property.

5. Criminal cases are never brought in the name of government.

6. Natural law is a system of legal and moral principles deriving from a conception of human

nature or divine justice rather than from legislative or judicial action.

7. Criminal procedural law is a substantive law.


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8. Family law is a private law.

9. Common law, also known as code law and civil law, is written law, that is, the law

codified by law making bodies called legislature.

10. Procedural law comprises rules that describe the steps for having a right of duty

judicially administered and enforced. II. The terms form column A are from the above text. Check their meaning by matching them to the definitions from column B 1. precedent a) the branch of government responsible for making laws 2. divine justice b) a serious crime punishable by more than one year

imprisonment 3. legal redress c) decided case serving as a basis for determining later cases 4. breach of contract d) compelling compliance with a law 5. perjury e) the law that has its sources in legislation 6. conflicts of law f) God’ s justice 7. enacted law g) a means of seeking a compensation in a court of law 8. legislature h) difference between the laws of different countries 9. law enforcement i) failure to perform contractual obligations 10. felony j) giving false statements while under oath

SPEAKING

I. Split into groups. Your teacher will give each group facts of a case.

Discuss it and decide which class of law your case belongs to. II. Present your case and explain your decision to the rest of the class.


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Reading

GROUP WORK GROUP A Read the text and complete the definitions below:

THE LEGAL SYSTEM IN THE UNITED KINGDOM (UK) The study of law distinguishes between public law and private law, but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers. Public law relates to the state. It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security. Private law is concerned with the relationship between legal persons, that is, individuals and corporations, and includes family law, contract law and property law. Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights, and their duties. It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction – an order made by the court. However, each field of law tends to overlap with others. For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation. Substantive law creates, defines or regulates rights, liabilities and duties in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced. 1. ____________________ is law relating to acts committed against the law which are punished by the state. 2. ____________________ is concerned with the constitution or government of the state, or the relationship between state and citizens. 3. _____________________ is rules which determine how a case is administered by the courts. 4. _____________________ is concerned with the rights and duties of individuals, organizations, and associations (such as companies, trade unions, and charities), as opposed to criminal law. 5. _____________________ is common law and statute law used by the courts in making decisions.


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GROUP B Read the following text about the legal system in the UK and complete the sentences. There is more than one possibility for one of the answers. The head of state is the monarch, currently the Queen in the UK, but the government carries the authority of the Crown (the monarch). The Westminster Parliament has two chambers, the House of Lords and the House of Commons which sit separately and are constituted on different principles. The Commons is an elected body of members. Substantial reform is being carried out in the upper house, the House of Lords, where it is proposed that the majority of members be appointed, with a minority elected, replacing the hereditary peers. There is no written constitution but constitutional law consists of statute law, common law and constitutional conventions. There are four countries and three district jurisdiction in the United Kingdom: England and Wales, Scotland, and Northern Ireland. All share a legislature in the Westminster Parliament for the making of new laws and have a common law tradition, but each has its own hierarchy of courts, legal rules and legal profession. Wales and Northern Ireland each have their own Assembly and since 1999 Scottish Members of Parliament have sat in their own Parliament. Under an Act of Westminster Parliament, the Scottish Parliament has power to legislate on any subject not specifically reserved to the Westminster Parliament such as defence or foreign policy. The UK’s accession to the European Communities in 1973, authorized by the European Communities Act 1972, has meant the addition of a further legislative authority in the legal system. The UK is also a signatory to the European Convention of Human Rights and this has been incorporated into UK law.

1. In many systems a president rather than a monarch is _____________________. 2. The UK system has a parliament with two _________________. 3. As in other countries, the courts are organized in a ________________ of levels. 4. The Scottish Parliament has the ________________ to legislate on subjects not

reserved to Westminster. 5. The EC is an important legislative _____________________ in most European

countries. 6. A number of international ______________ have been incorporated into national laws.


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INDIVIDUAL WORK Complete the table with words from I and II above and their related forms. Then complete the sentences below with words from the table. Verb Noun Adjective Constitute constitutional Legislate Proceed Convene regulation Accede Elect Authorize

1. The _________________ is the body which has the function of making law;

normally it is the Parliament. 2. It is quite a lengthy process to ___________________ to the European

Community. 3. Sometimes a court case can be delayed while counsel argue over

_________________ problems.

SPEAKING

Describe some of the distinctive features of your legal system and constitution.


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WORD FORMATION

Suffixes in noun formation

The nouns bellow can all be used to form another noun which has a related but slightly different meaning by adding the suffix -ship. I Complete the sentences which follow by choosing a suitable noun in –ship from the list below as in the example. Decide what meanings –ship can give to the main nouns

1. member 2. scholar 3. citizen

4. relation 5. leader 6. friend

7. partner 8. owner

9. dictator 10.author

Example: Some people thought that Britain was becoming a/an dictatorship under Margaret Thatcher’s iron rule. a) British _____________ can be gained by birth, adopting, registration or naturalisation. b) Anita Mason was extremely pleased when Smith and Jones, the owners of the

company she had directed for five years, asked her to form a _________________ with them.

c) This country needs a strong _____________ to tell people what to do and get things working again!”

d) “This is an exclusive club. May I see your _____________ card please, sir?” e) Home ____________ is growing in Britain as more and more people are able to buy

their own houses. Look at the way these nouns are formed.

Noun stem suffix Assessment assess (verb) +ment Effectiveness effective (adjective) +ness

Regularity regular (adj) +ity Administration administer (verb) +ation

II Add one of the following suffixes to the words below to form a correct noun -ment - ity -ness - ation Confidential organise disagree willing

similar careless popular require

prepare present invest aware


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LISTENING 2 I. Listen to the introduction to a legal history class and answer the

following questions:

1) What are two significant dates in English history that the lecturer mentions? 2) What happened on each of those dates?

II. Listen to the part of the lecture about English legal history and

complete the following sentences: 1) Before 1066 most laws in England were imposed by __________

______________ . 2) After 1066 William attempted to impose the _______________ _______________

legal system. 3) Since ________________ English law has been described as common law

rather than a civil law system. 4) Signing of Magna Carta in 1215 was extremely significant in Englsih legal

history since it established the principle _____________________ ______________________________________________ .

III. Listen to the part of the lecture about English legal history again

and answer the following questions:

1) What is a trial by ordeal? How was it done? 2) Which date the expression ‘time immemorial’ refers to? 3) Who signed the Magna Carta? 4) Who forced the monarch to sign Magna Carta? Why?


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READING Common Law in the UK The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts. Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They’ll also consider decisions made in a lower court, although they’re not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it is to the point – relevant or pertinent. During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule of law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn’t actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case’s outcome. Judges in a case may make other statements of law. Whilst not constituting biding precedents, these may be considered in subsequent cases and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court. Replace the underlined words and phrases in the following sentences with alternative words and phrases from the text above.

1. The courts are compelled to apply the precedent set by a higher court. 2. During the court case the judge will evaluate all the evidence and the legal

issues. 3. Judges are required to follow the ratio, or reasoning, in relevant previous

decided cases. 4. However, the judge may note a case cited as precedent by counsel as

materially different from the one at trial. 5. It is, however, the role of counsel to refer to relevant previous case decisions. 6. The principle of following the decisions of higher courts is fundamental to

case law. 7. New legislation may pay no attention to the decision of an earlier court

judgment.

III. Complete the table with the related forms. Verb Noun Adjective


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Cite citation apply precede persuasion Bind

IV. Complete the following sentences with appropriate words from the table above:

1. Well, that decision of the Appeal Court is going to be ___________________ on

the case we’ve got at trial just now. 2. We need to be able to convince the judge that the rule in Meah v Roberts is

_________________ to this case. 3. Can you check the case _________________? I think the year is wrong. 4. Should we add to our argument that Edward v Peck is a precedent given the

legal issues, although the judge isn’t bound to follow it?

Vocabulary

I. Match these bodies of law (1 – 3) with their definitions (a-c)

1. civil law a) area of the law which deals with crimes and their punishments, including fines and/or imprisonment (also penal law)

2. common law b) 1) legal system developed from Roman codified law, established by a state for its regulation; 2) area of the law concerned with non-criminal matters, rights and remedies

3. criminal law c) legal system which is the foundation of the legal systems of most of the English-speaking countries of the world, based on customs, usage and court decisions (also case law, judge-made law)

II. Complete the text below contrasting civil law, common law and

criminal law using the words in the box based on bound by codified custom disputes


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legislation non-criminal precedents provisions rulings The term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’. In the first sense of the term, civil law refers to a body of law _________________ written legal codes derived from fundamental normative principles. Legal _______________ are settled by reference to this code, which has been arrived at through _______________. Judges are _____________ the written law and its ______________. In contrast, common law was originally developed through __________________, at a time before laws were written down. Common law is based on ________________ created by judicial decisions, which means that past ______________ are taken into consideration when cases are decided. It should be noted that today common law is also ______________, i.e. in written form. In the second sense of the term, civil law is distinguished from criminal law and refers to the body of law dealing with ____________________ matters, such as breach of contract.

III. Classify the following terms into the appropriate column below. Two terms can appear in both columns.

Prosecution the accused the defendant compensation contract police

theft to bring a case to bring an action to fine crime plaintiff

damages family law intellectual property private individual to charge someone with something

Criminal Civil

IV. Now complete the following text contracting criminal and civil law by choosing from the words/phrases above.


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Criminal Law vs. Civil Law One category is the criminal law – the law dealing with crime. A case is called a ___________. The case is instituted by the prosecutor, who takes over the case from the _____________________ who have already decided ___________________ the defendant (or _____________ ) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of ______________ and _____________ ____________. In a civil case, the _____________, normally a ______________ or company, __________ _____________ to win _______________. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ____________ (money) V. Complete the following sentences using the following words.

Defamation imprisonment theft damages acquitted sued prosecutor right to silence Bail arbitration injunction arrested

1. The ________________ argued before the court that the crime was very serious and that the court should order the maximum penalty.

2. The accused exercised his ________________ and refused to answer any questions. 3. The politician claimed that the newspaper had committed ________________by writing an

untrue article about him. 4. The court released the defendant on ________________ before his trial. 5. The accused was found guilty and was sentenced to three years ___________________. 6. The accused was ________________ by the court because there was no evidence that he

committed the crime. 7. The court awarded 100,000 Euros in ________________ because of the injuries suffered by

the victim in the road accident. 8. The architect ________________ his client because the client did not pay the architect’s

fees. 9. According to the contract, the parties had to resolve all disputes by ________________. 10. Mr Smith was charged with ________________ because he had stolen a computer from the

shop. 11. The court granted David Beckham an ________________ preventing the newspaper from

publishing an article about him and his family. 12. The police ________________the demonstrators because they were being violent.


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WORD FORMATION

Adjectives: positive and negative forms

I Match the prefixes with the \groups of adjectives dis- il- im- in- ir- un- a. ___________ possible probable precise b. ___________ honest similar organised c. ___________ popular economical manageable d. ___________ legible legal logical e. ___________ complete expensive efficient f. ___________ regular relevant responsible II Add prefixes to the following adjectives Likely literate resistible

respectful frequent liberal

polite lawful mature

rational proportionate helpful

III Complete the table by giving the missing positive or negative forms of each adjective.

Positive adjective Negative adjective applicable certain appropriate lawful ambiguous relevant

inconsistent illegal invalid unsatisfactory

IV Now complete the phrases by choosing the best negative adjective from your table.

Example: When the meaning of EC law is uncertain national courts can ask the European Court of Justice for help in interpretation.

a) The man accused the police officer of ___________ arrest. b) If the words of a statute are ___________, the court must construe them literally. c) Don’t forget it’s ______________ to park your car on double yellow lines in England. d) When UK statute is ____________ with EC law, EC law prevails. e) The Equal Pay Act is __________________ when a woman is paid less than another

woman in the same job.


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LEGALESE Latin terms There are many Latein terms in written English legal text, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English (e.g. ad hoc, bona fide, pro rata, etc.). It is useful to be aware of their meaning:

ad hoc for this purpose affidavit witnessed, signed statement bona fide in good faith caveat warning de facto in fact de jure by right et cetera (etc.) and so on exempli gratia (e.g.) for example ex parte (ex p.) by a party without notice id est (i.e.) that is in camera hearing a case in private in curia in open court in situ in its original situation Inter alia among other things ipso facto by the fact per pro on behalf of another per se by itself prima facie at first sight pro rata in proportion Quasi as if it were sub judice in the course of trial ultra vires beyond the power videlicet (viz) namely

I Underline the common Lating words and phrases in the text. Do you know what they mean? The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action, is uncertain as to what contract plaintiffs are suing on, and is uncertain that it cannot be determined whether the contract sued on is written, oral or implied by conduct.

The complaint alleges breach of contract as follows: 'At all ties herein mentioned, plaintiffs were a part (sic) to the Construction Contract, as well as intended beneficiaries to each sub-contract for the construction of the house. In light of the facts set out aove, defendants and each of them, have breached the Construciton Contract.“

On its face, the claim alleges only that defendants 'breached the Construction Contract'. But LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its breach. See e.g. GSI Enterprises, Inc. V. Warner (1993).


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II Match the sentences containing Latin terms (1 – 7) with the sentences which have similar meaning (a – g). 1. There is a prima facie case to answer.

a. They acted in a way which was beyond their legitimate powers.

2. They have entered a caveat.

b. An application for an injunction was made to the court by one party and no notice was given to the other party.

3. Their action was ultra vires. c. The case was heard in private, with no members of the public present.

4. The newspapers cannot report details of the case because it is sub judice.

d. They have warned us they have an interest in the case, so they will need notice before we take any further steps.

5. An ex parte application was lodged at the court.

e. A committee was set up for the particular purpose of investigating the issue.

6. The court sat in camera. f. The action should proceed because one side has shown there seems to be sufficient evidence.

7. An ad hoc committee was formed.

g. The case cannot be mentioned in the media if it is likely to prejudice court proceedings.

III Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h) 1. ad hoc

a. thus (used as a word to indicate the original, usually incorrect, spelling or grammar in a text)

2. et alii (et al.) b. For example (used before one or more examples are given)

3. et cetera (etc.) c. for this purpose (often used as an adjective before a noun)

4. exempli gratia (e.g.) d. against (versus is abbreviated to 'v.' In case citations, but to 'vs.' in all other instances)

5. id est (i.e.) e. and others (usually used to shorten a list of people, often a list of authors, appellants or defendants)

6. per se f. and other things of the same kind (used to shorten a list of similar items)

7. sic g. by itself (often used after a noun to indicate the thing itself)

8. versus (vs. or v.) h. that is (used to signal an explanation or paraphrase of a word


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IV Match each Latin term (1 – 10) with its English equivalent (a – j) 1. de facto a. among other things 2. ipso facto b. per year 3. inter alia c. number of shareholders or directors who

have to be present at a board meeting so that it can be validly conducted

4. per annum d. in fact 5. pro forma e. of one's own right; able to exercise one's own

legal rights 6. pro rata f. proportionally 7. quorum g. by that very fact ifself 8. sui juris h. as a matter of form 9. ultra vires i. as follows 10. videlicet (viz.) j. beyond the legal powers of a person or a body

PREPOSITIONS

I Legal vocabulary often uses prepositions. Please complete the following sentences using the following prepositions:

to, on, with, for, up, from, of, against, in

1. The court sentenced him……………..ten years imprisonment 2. He was arrested…………………murder 3. The man was charged…………………manslaughter 4. He was detained………………………remand 5. He was convicted……………………stealing ten cars 6. He was released……………………..prison after serving five years of a ten year

sentence for rape. 7. The defendant had to comply…………..the judgment of the court 8. According…………….the contract, the company had the right to terminate the

contract. 9. The court decided to release the accused………………..bail provided that he

went to the police station twice a day. 10. The parties decided to draw………………….an agreement to settle the

legal action. 11. The accused agreed to testify against other members of his

gang……….exchange……. a more lenient sentence.


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12. The victim of a car accident brought an action…………………the driver of the car who caused the accident.


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Writing

Introduction to essay writing

TECHNIQUES FOR EXPLORING IDEAS Instead of just plunging into a first draft of an essay, experiment with one of more techniques for exploring your subject. Whatever technique you chose, the goal is the same: to generate a wealth of ideas. At this early stage in the writing process, you should aim for quantity, not necessarily quality, of ideas.

1. BRAINSTORMING: Think freely and write quickly. start with a word--any word--and write it at the top of your paper. Then ask yourself, "What does this word remind me of?" List anything that comes to your mind, even if it sounds ridiculous. When you've filled up the page, go over your list and circle anything that strikes your interest and draw arrows connecting items that relate to each other. Example: Subject: Legal vs. moral law legal violation state crime church

prosecution judge criminal prison code of ethics morality

hypocrisy abortion euthanasia death penalty gambling prostitution

2. CLUSTERING: write your topic in the center of a sheet of paper, draw a circle around it, and surround that circle with related ideas connected to it with lines.

3. BRANCHING: Put the main idea at the top of a page and then list major supporting ideas beneath it, leaving plenty of space between ideas. To the right of each major idea, branch out to minor ideas, drawing lines to indicate the connections. If minor ideas lead to even more specific ideas, continue branching. Example: Teaching staff Teaching staff--regular

--part-time----college professors -----local talent------------artists ------------musicians ------------judges and politicians

4. ASKING QUESTIONS - who, what, where, when, why and how

5. FREEWRITING - nonstop writing, everything that you know about subject, set aside ten minutes to do this.


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Exercise: I Split into pairs and explore through different techniques of exploring your ideas for the following subjects:

1. What is justice? 2. Prejudices in our society 3. America as a land where all dreams can come true 4. Is globalization a new word for colonization 5. Reform of judiciary in countries in transition

II Pick one of the topics and explore your ideas together with the rest of the class.


35

UNIT 3 ♦ Court system

♦ Court personnel ♦ Civil procedure

♦ Criminal procedure

♦ Jurisdiction ♦ Criminal offences

♦ Legalese

♦ Essay writing

KEY VOCABULARY

The basic role of courts in a society is to help people resolve disputes fairly and with justice, whether the matter is between individuals or between individuals and the state. In the process, courts interpret and establish law, set standards, and raise questions that affect all aspects of the society. The roles of court include enforcing the criminal law, resolving civil disputes, upholding the rights of individuals, ensuring that government agencies stay within the law, and explaining the law.

In resolving disputes courts consider the evidence on all sides of the dispute, interpret the law as it applies to that evidence and then determine a judgment. Courts are independent and impartial.

It is worth noting that most disputes do not in fact end up in the courts at all. People tend to settle their differences informally – through alternative dispute

resolution, for instance, or before boards and tribunals – though often with the idea of "going to court" in the background. Even when things never get to court, the courts influence people's choices and actions. Court decisions provide guidance on what is acceptable conduct and on the nature and limits of the law.


36

READING

COURT SYSTEM

Duncan Ritchie, a barrister, is talking to a visiting group of young

European lawyers explaining the UK court system to them. Read

the text carefully and try to complete the diagram bellow the text. Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. In England, simple civil actions, for example family maters such as undefended divorce, are normally heard in either the Magistrates’ Courts or the County Courts.

Judges have different titles depending on their experience, training and level. A single stipendiary magistrate or three lay magistrates sit in the Magistrates’ Court. There’s no jury in a Magistrates’ Court. Family cases may go on appeal from the Magistrates’ Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or injury they have suffered. There are circuit judges and recorders who sit in the County Courts, usually without a jury. Juries are now rare in civil actions, so normally the judge considers both law and fact.

More complex civil cases, such as the administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and Queen’s Bench. The court has both original, that is, first instance and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of lower courts. Its decisions bind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved. Appellants must, however, apply for leave to appeal. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges.

About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts, which deal with petty crimes, that is, less serious ones. In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment, either by way of a fine or imprisonment. Except in cases of homicide, children under 14 and young persons – that is, minors between 14 and 17 years of age – must always be tried summarily, meaning without a jury, by a Youth Court. A Youth Court is a branch of the Magistrate’s Court. Indictable offences, that is, more serious ones, such as theft, assault, drug dealing, and murder, are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime. In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime she or he is charged with. The Crown Court may hear cases in circuit areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.


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The Court System in England and Wales

CRIMINAL CASES CIVIL CASES

______________________

Appeals may go to

__________________

Criminal Division

Court of Appeal,

__________________

Appeals go from here to

Appeals usually go to, or may leapfrog to

____________________

___________________ (Queen’s Bench, Chancery, Family

Division)

Appeals go from here to

Appeals may leapfrog from here to

____________________

County Court

or

the Court of First _____________

Post-reading I Comprehension check:

1. What do the higher courts usually deal with? 2. Is there a jury in all courts in England and Wales? 3. What is the role of the County Court? 4. What jurisdiction does the High Court of Justice have? 5. Can appellant appeal directly to the House of Lords? In what cases?

How? 6. Are children under 14 and young persons (14 – 17) always tried by Youth

Court?

II Match the terms from column A with their meaning in column B: A B

1. stipendiary magistrate

2. lay magistrate 3. reverse 4. uphold 5. recorder 6. circuit 7. quorum 8. appellant 9. claimant 10. petty crime 11. indictable

offences

A) confirm a court decision B) a geographical division for legal purposes C) to change a court decision to be the opposite of what it was D) a paid magistrate (appointed by the Home Secretary in UK) dealing with police cases E) part time judge with ten years standing as a barrister or solicitor F) unpaid and not legally trained magistrate who is an established member of the local community G) the smallest number of people who must be present at a meeting to allow official decisions to be made H) someone who makes an official request for money from a government, insurance company etc I) offence for which you can be officially accused and brought to a court for trial J) someone who appeals against a decision of a court of law K) a crime that is not very serious

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Documents

ESP - LEGAL ENGLISH Ipravniengleski.yolasite.com/resources/pravo final skripta.pdfLegal English I Unit 1 3 DISCUSSION LAW I. Read and think LAWS are separate, individual rules.A LAW