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The Lawyer’s EnglishLanguage Coursebook

Unit 1



© Catherine Mason & Rosemary Atkins 2007

THE LAWYER’S ENGLISH LANGUAGE COURSEBOOK

Supporting the TOLES series – the !or"#$s "ea#ing "ega" Eng"ish e%aminations$

This is nit One o' the e%(iting ne! pu)"i(ation* The La!yer$s Eng"ish Language Course)ook$+ This is the'irst unit o' a uni,ue ten part (ourse)ook to support stu#ents o' "ega" Eng"ish !or"#!i#e* parti(u"ar"y those

stu#ying 'or the TOLES series o' e%ams+ The )ook is #i-i#e# into easi"y managea)"e units* ea(h #ea"ing

!ith -ita" ski""s 'or the mo#ern internationa" "a!yer+ .t takes o'' 'rom a sensi)"e starting point 'or )oth

tea(hers an# stu#ents an# is re(ommen#e# 'or "earners !ho are more (on'i#ent in genera" Eng"ish as !e""

as those !ho are sti"" )ui"#ing their "anguage ski""s !hi"st stu#ying or pra(tising "a!+

The 'irst unit #ea"s !ith the "anguage o' the "ega" pro'ession an# the genera" areas o' "a! in !hi(h "a!yers

spe(ia"ise+ The (omp"ete "ist o' units in the )ook is as 'o""o!s/

l The "ega" pro'ession l The "anguage o' tort

l The "anguage o' )anking & 'inan(e l The "anguage o' emp"oyment

l The "anguage o' (ontra(t "a! l A((urate "etter !riting

l The "anguage o' )usiness "a! l n#erstan#ing (ontra(ts 1

l The "anguage o' (ompany "a! l n#erstan#ing (ontra(ts 2

WHY IS THIS LEGAL ENGLISH BOOK SO SUCCESSFUL?

This )ook takes Eng"ish 'or La! in a ne! #ire(tion+ .t is )ase# on (onsu"tations !ith internationa" "a!yers

as to !hat ski""s pra(tising "a!yers rea""y nee# to a(hie-e 'rom their Eng"ish "anguage stu#ies+ .ts uni,ue

sty"e an# approa(h is the resu"t o' hun#re#s o' tea(hing hours !ith "a!yers an# "a! stu#ents 'rom aroun#

the !or"#+ This )ook/

l assumes no e%isting kno!"e#ge o' "a! or "ega" Eng"ish )y either stu#ents or tea(hers+ .t

e%p"ains "ega" -o(a)u"ary in a re'reshing"y ("ear !ay +

l )ui"#s ski""s an# (on'i#en(e in "ega" Eng"ish 'rom a rea"isti( starting point + .t #oes not ask

stu#ents to )egin !ith tasks that are )eyon# their rea(h+

l keeps a genuine 'o(us on the "anguage o' the "a! an# #oes not ask stu#ents to !aste timeon irre"e-ant materia" that they !i"" not re,uire in their (hosen (areer+

l #ea"s !ith #eman#ing (ore su)3e(ts su(h as (ommer(ia" (ontra(ts an# "etter !riting in a

pra(ti(a"* in4#epth !ay that g"o)a" "a! 'irms re,uire+

l (ha""enges more e%perien(e# stu#ents to re'"e(t upon #eep4roote# mistakes in their "ega"

Eng"ish an# en(ourages se"'4(orre(tion at e-ery stage o' "earning+

l is up to #ate+ .t takes into a((ount re(ent "anguage re'orms an# 'orth(oming (hanges to

the "ega" system in the 5+




THE LAYOUT OF THE BOOK

The )ook is stru(ture# in a user4'rien#"y !ay an# #oes not ask stu#ents to 'a(e #i''i(u"t tasks !ithout the

ne(essary preparation or support+

Ea(h o' the ten units is #i-i#e# into a -o(a)u"ary Se(tion A 6oun#ation an# a !orking ski""s Se(tion

8igher+ Se(tion A is -ita" preparation 'or the target tasks (ontaine# in se(tion + This stru(turea""o!s stu#ents to #e-e"op ski""s an# (on'i#en(e !hi"st keeping the 'o(us upon a((ura(y at a"" times+

At the en# o' ea(h se(tion there are some e%er(ises in the sty"e o' the TOLES e%ams !hi(h test the

-o(a)u"ary an# ski""s (o-ere# in that se(tion+ The ten units in this )ook -ary in "ength+ This is 'or t!o

reasons+ The 'irst is that more (ha""enging areas o' stu#y* su(h as un#erstan#ing (ontra(ts* re,uire more

e%p"anation an# repetition than others+ The se(on# is that the amount o' time #e-ote# to ea(h unit re'"e(ts

its re"e-an(e to o-erseas "a!yers+

Se(tion A 6oun#ation

l Supports stu#ents stu#ying to!ar#s the TOLES 6oun#ation e%amination+

l 6ami"iarises stu#ents !ith essentia" -o(a)u"ary to (omp"ete the rea"isti( tasks in Se(tion +

l .n(orporates use'u" he"p#esk$ se(tions throughout to en(ourage "earner in#epen#en(e+

l A use'u" stu#y ai# in itse"' to!ar#s the entire TOLES e%am series+

Se(tion 8igher

l Supports stu#ents !orking to!ar#s the TOLES 8igher e%amination+

l En(ourages a(ti-e use o' the -o(a)u"ary intro#u(e# in nit A+

l ase# on rea"isti( an# stimu"ating tasks+

l .n(orporates use'u" preposition an# (o""o(ation )anks to assist e''e(ti-e "earning+

THE AUTHORS

Catherine Mason an# Rosemary Atkins are (urrent"y tea(hers o' "ega" Eng"ish in Cam)ri#ge+ They )oth

ha-e a "ega" )a(kgroun# as !e"" as )eing e%perien(e# tea(hers o' Eng"ish as a 'oreign "anguage+ As a

team* they ha-e pro-i#e# training in "ega" Eng"ish 'or numerous "ea#ing "a! 'irms aroun# the !or"# as !e""

as !orking !ith the sta'' o' organisations su(h as the ritish Coun(i" an# The European Court o' 9usti(e+

THE TOLES EXAMINATION SERIES

The TOLES e%aminations are the !or"#$s market "ea#ers in "ega" Eng"ish e%aminations+ Many organisations

ha-e a"rea#y entere# (an#i#ates* in("u#ing the La! So(iety o' Eng"an# & :a"es+

.' you !ou"# "ike to kno! more a)out TOLES an# ho! the e%am series (an support you an# your stu#ents

p"ease (onta(t the TOLES o''i(e at in'o;to"es+(o+uk+

:e hope that you 'in# this unit o' the )ook use'u" an# that you en3oy using it+



The Legal ProfessionUnit 1A/Foundation



© Catherine Mason & Rosemary Atkins 2007 3

Unit 1A

/Foundation

THE LEGAL PROFESSION

WORKING IN LAW

Exercise 1

Look at this "ist o' "ega" o((upations+ A"" o' these peop"e !ork in "a!+ :e (a"" a"" o' the peop"e !ho !ork

in these 3o)s* the "ega" pro'ession$+ Mat(h the 3o)s !ith one o' the #es(riptions+

5ey -o(a)u"ary

l "a!yer l pra(tise l )arristers l "a! 'irm

l attorney l 3u#ge l training (ontra(t l a(ting 'or

l ,ua"i'ie# l "ega" pra(ti(e l partnership l represent

l "itigation l a#-o(a(y l p"ea#ing a (ase l spe(ia"ise

l right o' au#ien(e l appear l so"i(itors l ("ients

Exercise

Rea# this te%t a)out !orking in "a!+ The most important !or#s are in the key -o(a)u"ary )e"o!+ <e(i#e i'

the statements on the ne%t page are true or 'a"se+

There are t!o types o' "a!yer !ho pra(tise in

Eng"an#+ They are (a""e# )arristers an# so"i(itors +

.n the SA an# most other (ountries* "a!yers #on$t

make this #i-ision – a "a!yer is simp"y kno!n as an

attorney at "a!* or an attorney +

.n )oth Eng"an# an# the SA* it is not possi)"e to

take a spe(ia" e%am to )e a 3u#ge + .' you #e(i#e

that you !ant to )e a 3u#ge* you must get a "ot o'

e%perien(e as a "a!yer 'irst* then app"y to )e a

3u#ge an# !ait to see i' you are (hosen+

Most "a! stu#ents in Eng"an# )e(ome so"i(itors+

:hen they 'inish their uni-ersity stu#ies they #o a one

year "ega" pra(ti(e (ourse an# then a t!o4year

training (ontra(t !ith a "a! 'irm + A'ter that* they are,ua"i'ie# so"i(itors+ Many so"i(itors !ork 'or a "ega"

pra(ti(e * !hi(h is usua""y a partnership o' so"i(itors

!ho !ork together+ So"i(itors pra(tise in many areas

o' "a!* a"though ea(h so"i(itor usua""y (hooses to

spe(ia"ise in one parti(u"ar area+ They represent their

("ients )oth in an# out o' (ourt+ :e o'ten #es(ri)e

this as a(ting 'or a ("ient+ The pro(ess o' making a

("aim in the (i-i" (ourt is (a""e# "itigation +

arristers are se"'4emp"oye# "a!yers an# #on$t !ork

in partnerships in the !ay that so"i(itors #o+ They

are spe(ia"ists in a#-o(a(y * !hi(h is the ski"" o'

speaking 'or someone in (ourt+ :e (a"" this

p"ea#ing a (ase + They a"so gi-e opinions on areas

o' "a! to so"i(itors an# the so"i(itors$ ("ients+ .t is

not 3ust )arristers !ho ha-e the right o' au#ien(e

in (ourt – so"i(itors are a"so a""o!e# to representtheir ("ients in (ourt an# many so"i(itors appear in

(ourt e-ery #ay+ .t is not true to say that a ("ient

a"!ays nee#s a )arrister in (ourt+

This person is a "a!yer !ho gi-es "ega" a#-i(e an# opinions to so"i(itors+ 8e or she passe# the

e%ams o' the ar Coun(i" o' Eng"an# & :a"es at the en# o' his or her stu#ies+

This person is a "a!yer !ho gi-es "ega" a#-i(e to in#i-i#ua"s an# (ompanies+ 8e or she passe# his

or her e%ams in the SA at the en# o' his or her stu#ies an# is usua""y a mem)er o' the Ameri(an

ar Asso(iation+

This person is a "a!yer !ho gi-es "ega" a#-i(e to in#i-i#ua"s an# (ompanies+ 8e or she passe# the

e%ams o' the La! So(iety o' Eng"an# & :a"es at the en# o' his or her stu#ies+

This the genera" 3o) tit"e that !e use 'or peop"e !ho !ork as a so"i(itor* )arrister or attorney+#

(

)

a

So"i(itor Attorney arrister La!yer




Unit 1A /

Foundation

a There are t!o types o' "a!yer pra(tising in Eng"an#+ True 6a"se

) Last year . 'inishe# my training (ontra(t an# . starte# !orking 'or a True 6a"se

"arge internationa" "a! 'irm+ . am no! a ,ua"i'ie# "a!yer+

( On"y )arristers (an speak on )eha"' o' ("ients in (ourt+ True 6a"se

# Many so"i(itors !ork together in partnerships )ut )arristers #on$t+ True 6a"se

e .n the SA an# Eng"an# "a!yers (an take a spe(ia" e%am to )e a 3u#ge+ True 6a"se

MAKING A CLAIM IN THE CI!IL COURT

.n the Eng"ish an# Ameri(an "ega" systems !e #i-i#e the "a! into t!o main areas+ These are (rimina" "a!

an# (i-i" "a!+

This means that e-erything that is not a (rimina" matter is a (i-i" matter+

a Mr e""er)y is opening a ne! 'a(tory+ 8e

nee#s to -isit a "a!yer to get a (ontra(t 'or

a"" o' his emp"oyees to sign+

(rimina" (i-i"

) Mrs Ro)son is thinking a)out !hat she !antsto happen to her house an# possessions a'ter

her #eath+ She nee#s to -isit a "a!yer to get

the (orre(t #o(ument* !hi(h is (a""e# a !i""$+

(rimina" (i-i"

( The po"i(e are taking Mr <ean to the po"i(e

station )e(ause they say he sto"e a (ar+ 8e

nee#s a "a!yer to (ome an# -isit him there

to te"" him !hat to #o+

(rimina" (i-i"

# Mr 6"ynn o!ns a restaurant+ 8e has a

(ontra(t !ith a (ompany to #e"i-er 'ruit an#

-egeta)"es to his restaurant+ The (ompany

#i#n$t #e"i-er them on the agree# #ate* so

Mr 6"ynn "ost money )e(ause he (ou"# not

open his restaurant that #ay+ Mr 6"ynn nee#sto see a "a!yer a)out asking the #e"i-ery

(ompany to gi-e him the money he "ost+

(rimina" (i-i"

e Mr A""en is a )ank manager+ The )ank is

saying that some money is missing+ Mr A""en

has a ne! (ar an# e%pensi-e ("othes+ The

po"i(e are (oming to ask Mr A""en some

,uestions+ 8e nee#s a "a!yer imme#iate"y+

(rimina" (i-i"

Exercise 1

Look at these situations an# #e(i#e i' the person nee#s a (rimina" "a!yer or a (i-i" "a!yer+

.n other !or#s* is it a (rimina" matter or a (i-i" matter =

He"# $es%

:hat #o these !or#s mean=

(rimina" "a! – the "a! that punishes a(ts

against a person or against property that peop"e

(onsi#er to )e harm'u" to the !ho"e (ommunity+

The state prose(utes (rimina"s+

(i-i" "a! – the "a! (on(erning the rights an#

#uties o' pri-ate in#i-i#ua"s an# (ompaniesrather than (rimina" matters+

a matter – a su)3e(t or situation* e+g+ a (rimina"

matter* a (i-i" matter+

a !i"" – a "ega" #o(ument in !hi(h a person gi-es

#etai"s o' !hat they !ant to happen to their

property a'ter their #eath+

to stea" sto"e – to take something that )e"ongs

to someone e"se !ith the intention o' keeping it+



© Catherine Mason & Rosemary Atkins 2007 !

Unit 1A

/Foundation

He"# $es%


to )e in #ispute – to ha-e a serious

#isagreement !ith another person+

a party to a (ourt (ase – the ("aimant or the

#e'en#ant+

to o!e money to someone – to ha-e to pay

someone 'or something that they ha-e #one 'or

you or gi-en to you+

"ega" (osts – the (ourt 'ees an# payment 'or the

"a!yer !ho is a(ting 'or you+

a pro(e#ure – a #e(i#e# !ay o' #oing

something+

to prose(ute – to take "ega" a(tion against

someone in the (rimina" (ourt+

Exercise

Rea# the in'ormation )e"o!+ .t is a)out starting a ("aim in the (i-i" (ourt+ <e(i#e i' the statements un#er it

are true or 'a"se+

Starting a ("aim in the (i-i" (ourt

:hen you are in #ispute !ith another person

sometimes it is ne(essary to start a ("aim in the(i-i" (ourt+ :e sometimes (a"" this pro(ess 'i"ing a

("aim$ or issuing a ("aim$+ La!yers a"so say*

starting pro(ee#ings$+ :e #o not use the -er) to

prose(ute$ in (i-i" "a! )e(ause that -er) is on"y

use# in (rimina" "a!+ .n Eng"an# most (i-i" ("aims

are 'i"e# in the County Court+ There are o-er 200

County Courts in Eng"an# an# :a"es+ Most (ities

an# "arge to!ns ha-e a County Court+

The person !ho starts the ("aim is (a""e# the

("aimant in the 5+ This person !as (a""e# the

p"ainti'' unti" 1>>>* !hen there !ere ne! (ourtru"es in Eng"an# to make e-erything easier 'or

peop"e to un#erstan#+ 8o!e-er* in the SA the

("aimant is sti"" (a""e# the p"ainti''+ .n )oth Eng"an#

an# the SA the other party is (a""e# the #e'en#ant+

A ("aim 'orm is the #o(ument that a ("aimant uses

to start "ega" a(tion against the #e'en#ant+

:hy might a ("aimant start a ("aim= There are a "ot

o' reasons* 'or e%amp"e/

l someone re'uses to pay you money that theyo!e to you

l someone #oes a 3o) 'or you* )ut they #o it

)a#"y – !e (a"" this )a# !orkmanship

l something that you pai# 'or is not supp"ie# to you

l something that you )ought is not !orking proper"y+

The ("aimant has to pay a sum o' money* (a""e# a

(ourt 'ee* 'or the (ourt to issue pro(ee#ings+ .n the

("aim 'orm* the ("aimant must state the amount o'

his or her ("aim an# re,uest the #e'en#ant to pay

a"" o' the "ega" (osts o' the (ase+

Sometimes peop"e ta"k a)out the sma"" ("aims

(ourt$+ They rea""y mean the spe(ia" pro(e#ure that

e%ists at the County Court 'or sma"" ("aims+ A sma""

("aim is a ("aim 'or a ma%imum amount o' ?@000+

a Starting a ("aim means the same as starting pro(ee#ings+ True 6a"se

) ou (an prose(ute$ someone in the (i-i" (ourt+ True 6a"se

( There are more than 200 County Courts in Eng"an# an# :a"es+ True 6a"se

# The !or# p"ainti''$ is not use# in Eng"an# any more )ut it is use# True 6a"se

in the SA+

e .t is 'ree to start a ("aim in the County Court+ True 6a"se

' There is a spe(ia" (ourt in a separate )ui"#ing 'or making sma"" ("aims+ True 6a"se



" © Catherine Mason & Rosemary Atkins 2007

Unit 1A /

Foundation

Exercise &

8ere are some important e%pressions !hi(h "a!yers use !hen they ta"k a)out starting a ("aim in the (i-i"

(ourt+ Comp"ete the senten(es )y mat(hing the 'irst ha"' o' ea(h senten(e !ith the (orre(t en#ing+

ToB issue a ("aim means to

a To pay a 'ee means to

) To ser-e a ("aim upon someone means to

( To respon# to a ("aim means to

# To hear a (ase means to

e To 'in# in 'a-our o' someone means to

' To gi-e a 3u#gment means to

g To make an or#er means to

h A)ai"i'' is a person !ho

(on'irm that you ha-e re(ei-e# the ("aim an#

to say !hat you !i"" #o ne%t+

start a ("aim in the (i-i" (ourt+

"isten to the #etai"s o' the ("aim an# "isten to

!hat the ("aimant an# the #e'en#ant say a)out

their #ispute+

pay the (ourt an amount o' money 'or issuing

the ("aim+

(an "ega""y take a person$s property !hen that

person #oes not pay money that he or she o!es+

o''i(ia""y announ(e the resu"t o' the (ase+ The

3u#ge may gi-e the reasons 'or the #e(ision+

sen# the ("aim to the #e'en#ant$s a##ress

an# make sure that he or she re(ei-es it+

#e(i#e that this person has !on the (ase+

o''i(ia""y state !hat someone has to #o* an#

ho! an# !hen he or she must #o it+

Exercise '8ere are the steps in !hi(h a ("aim goes through the County Court+ 6i"" the gaps !ith a !or# 'rom E%er(ise D+

a The ("aimant a ("aim in the County Court+

) The ("aimant !i"" ha-e to pay a + The amount #epen#s on the amount o' money that

the ("aimant is ("aiming+

( The (ourt or the ("aimant$s so"i(itor the ("aim upon the #e'en#ant+ This means that

they sen# it to the #e'en#ant$s a##ress an# make sure that the #e'en#ant re(ei-es it+

# The #e'en#ant has 1F #ays 'rom the #ay he or she re(ei-es the ("aim to to it+ The

#e'en#ant (an a#mit the ("aim* !hi(h means to agree that the ("aim is right* an# pay the money that

the ("aimant !ants* or the #e'en#ant (an #e'en# the ("aim+

e .' the #e'en#ant #e(i#es to #e'en# the ("aim* a 3u#ge !i"" the (ase in the County Court+

' The 3u#ge !i"" gi-e his or her 3u#gment+ The 3u#ge !i"" in 'a-our o' the ("aimant or

the #e'en#ant+

g The parties must 'o""o! the terms o' the that the 3u#ge makes an# they must make

sure that they o)ey any instru(tions a)out time "imits+

h .' the or#er says that the #e'en#ant must pay money to the ("aimant then the ("aimant (an use theser-i(es o' a to (o""e(t that money i' the #e'en#ant #oes not pay+



© Catherine Mason & Rosemary Atkins 2007 #

Unit 1A

/Foundation

AREAS OF LAW

Exercise 1

.n Eng"an# an# the SA there is an area o' "a! (a""e# the "a! o' tort$+ .t is the "a! o' (i-i" responsi)i"ity+

.t is an area o' (i-i" "a!+

Rea# this te%t a)out the "a! o' tort+ The most important !or#s are in the key -o(a)u"ary )e"o!+ Ans!er the

,uestions that 'o""o!* using a 'u"" senten(e+

5ey -o(a)u"ary

l "a! o' tort l (are"essness l tort l #amages

l in3ure# person l (ommitte# l to sue l groun#s

l a""egations l neg"igen(e l no !in4no 'ee l )rea(h

The "a! o' tort says that e-eryone has a (i-i" #uty

to )e (are'u" an# not to hurt or harm another

person+ La!yers (a"" this (i-i" #uty* the #uty o'

(are$+ Sometimes peop"e )rea(h this #uty o' (are+

To )rea(h means to )reak+ Gery o'ten they )rea(hthe #uty o' (are )y a((i#ent )ut sometimes they #o

it #e"i)erate"y+ .' someone hurts or harms another

person )e(ause o' a )rea(h* !e (a"" this harm'u"

a(tion a tort + This means that some things that

might )e (rimina" in your "ega" system are a tort in

Eng"an# an# the SA+

Look at the "ist o' harm'u" a(tions )e"o!+ .n Eng"an#

an# the SA they are usua""y torts+

l "ea-ing the '"oor o' a shop in a #angerous

(on#ition so that a (ustomer 'a""s an# hurts

her "eg

l saying something that is )a# a)out someone*

!hi(h isn$t true

l !riting a story in a ne!spaper a)out someone*

!hi(h isn$t true

l p"aying "ou# musi( "ate e-ery night* !hi(h

#istur)s your neigh)ours

This area o' "a! is easier to un#erstan# )y thinking

o' a tort as )eing a type o' (i-i" !rong+ Ea(h o' the

torts "iste# a)o-e has a spe(ia" name+ The tort thathappens most o'ten is (a""e# neg"igen(e +

Heg"igen(e means that someone !as not (are'u"

enough an# this person$s (are"essness hurt

another person as a resu"t+ The person !ho is hurt

is (a""e# the in3ure# person +

:hen someone hurts you as a resu"t o' his or her

a(tions* you nee# to (onsu"t a "a!yer !ho

spe(ia"ises in the right area o' tort+ The "a!yer !i""

try to get you money 'rom the (are"ess person+ This

money is (a""e# (ompensation$ or* more (orre(t"y*

#amages $+ Sometimes the "a!yers (an$t agree on

the amount o' #amages+ :hen this happens* the

in3ure# person may #e(i#e to sue the person !ho

has hurt them+ Suing someone is a more in'orma"

!ay o' saying starting pro(ee#ings against

someone+ The ("aim 'orm !i"" state the ("aimant$s

a""egations against the #e'en#ant+ An a""egation is"ike an a((usation – the ("aimant is stating that

something happene#* )ut the #e'en#ant has the

opportunity to say this is not true+ The reasons 'or

going to (ourt are (a""e# the groun#s $+ The

groun#s 'or an a(tion in tort are that the #e'en#ant

(ommitte# a tort+

Sometimes a "a!yer !ho spe(ia"ises in the tort o'

neg"igen(e makes an agreement !ith a ("ient+ The

agreement is that i' the ("ient #oes not !in the (ase

then he or she #oes not ha-e to pay 'or the "a!yer$s

ser-i(es+ This is (a""e# a no !in4no 'ee $arrangement+ .t is a""o!e# in the 5 an# the SA+

E%amp"e ,uestion/ :hat is the #uty o' (are=

E%amp"e ans!er/ The #uty o' (are is the o)"igation to )e (are'u" an# not to hurt anyone+

a 8o! #o "a!yers say to )reak$ a #uty o' (are=

Ans!er/

) .n Eng"an# an# the SA* is the "a! o' tort an area o' (rimina" or (i-i" "a!=

Ans!er/



$ © Catherine Mason & Rosemary Atkins 2007

Unit 1A /

Foundation

Exercise

Iut a !or# 'rom the key -o(a)u"ary in E%er(ise 1 into the 'o""o!ing senten(es+

a . am the o!ner o' the shop )e(ause there !as !ater on the '"oor an# . 'e"" an#

hurt my )a(k+

) . am a "a!yer !ho spe(ia"ises in the tort o' + Ieop"e are 3ust not (are'u" enoughJ

At the moment . am a(ting 'or the in3ure# person in more than 20 #i''erent (ases+

( The ma(hines in the ("othing 'a(tory !ere o"# an# #angerous an# one o' the emp"oyees in3ure# his

han#+ The emp"oyee sue# the 'a(tory o!ners an# got ?@000 in +

# .n your ("aim 'orm you a((use us o' )rea(hing our #uty o' (are+ :e #o not a((ept that your

are true an# !e !i"" #e'en# your ("aim in (ourt+

e <o you ha-e a goo# reason 'or suing the o!ner o' the hote"= :hat e%a(t"y are your 'or

starting "ega" a(tion=

Exercise &

8ere is a "ist o' some important areas o' "a!+ Rea# !hat the "a!yers say on the ne%t page+ They are ta"king

a)out the !ork they #o+ Mat(h the "a!yer !ith the (orre(t area o' "a!+

( There are #i''erent types o' tort+ .n genera"* !hat is a tort=

Ans!er/

# :hat is the name o' the tort that a person (ommits )e(ause he or she is (are"ess an# hurts someone

e"se as a resu"t o' this (are"essness=

Ans!er/

e :hat #oes suing mean=

Ans!er/

' :hat is the (orre(t name 'or the money that an in3ure# person gets 'rom the #e'en#ant in a su((ess'u"

a(tion in tort=

Ans!er/

g :hat is the (orre(t name 'or an arrangement !here a ("ient #oes not ha-e to pay his or her "a!yer i'

the ("ient "oses his or her a(tion in tort=

Ans!er/

a "a! o' (ontra(t

) (ompany "a!

( "an# "a!

# "a! o' tort

e "a! o' e,uity an# trusts

' emp"oyment "a!

g 'ami"y "a!

h immigration "a!

i inte""e(tua" property "a!

3 (rimina" "a!



© Catherine Mason & Rosemary Atkins 2007 %

Unit 1A

/Foundation

<a-i# . !ork in He! ork+ . #ea" !ith ("ients 'rom other (ountries !ho !ant to (ome an# "i-e here+ . he"p

them to get permission 'rom the go-ernment to make their #ream o' "i-ing in the SA a rea"ity+$

Tom . am !ith a "a! 'irm in Man(hester+ . am no! in the se(on# year o' my training (ontra(t+

At the moment . #ea" !ith ("ients !ho are )uying or se""ing their house+ .t$s my 3o) to make

sure e-erything is (orre(t an# that the sa"e is -a"i# an# "ega"+$

9enni'er . !ork in a -ery e%(iting area o' "a! here in Los Ange"es+ . meet a "ot o' !riters an# musi(ians

an# sometimes e-en peop"e 'rom mo-ie stu#iosJ . prote(t their rights an# make sure that

no4one (an (opy their !ork an# make money 'rom it !ithout their permission+$

A"istair :hen . !rite the story o' my "i'e . !i"" (a"" my )ook* KRo))ers* Mur#erers an# other 6rien#s o'

mineJK . !ork in E#in)urgh* !hi(h is in S(ot"an#+ . #e'en# peop"e !ho are in trou)"e !ith the

po"i(e+ They may e-en go to prisonJ .t is my 3o) to he"p them+$

Sunitta . !ork in Sy#ney* Austra"ia+ . gi-e a#-i(e to peop"e !ho are unhappy "i-ing together an# they

!ant a #i-or(e+ Sometimes peop"e argue a)out money or the (are o' the (hi"#ren+ .t$s a #i''i(u"t

area o' "a! an# . 'ee" -ery sympatheti( to!ar#s my ("ients+$

Cory . !ork in Chi(ago+ . am ,uite 'amous on TG here in the SA+ That$s )e(ause Channe" 10 sho!

my a#-ertisement 'i-e times e-ery #ayJ . ask peop"e to (a"" me i' they !ere hurt or !ere in an

a((i#ent )e(ause some)o#y e"se !asn$t (are'u" enough+ .' peop"e are not (are'u"* then .$m

a'rai# they !i"" ha-e to pay #amagesJ$

5ay"eigh . !ork in Christ(hur(h* He! ea"an#+ Most o' my ("ients ha-e pro)"ems at !ork+ . sa! a "a#y

this morning !ho is going to ha-e a )a)y+ :hen she to"# her )oss that she is pregnant* he 'ire#

her 'rom her 3o)+ That is not "ega" in He! ea"an# an# . !i"" he"p her to #o something a)out it+$

Mi(hae" . !ork 'or a -ery )ig Lon#on "a! 'irm+ Our ("ients are )anks an# other )ig )usinesses+ To#ay

. am !orking on a merger agreement* !hi(h means that t!o (ompanies are 3oining together to

)e(ome one+ ester#ay . a#-ise# a ne! ("ient !ho !ants to start an internet (ompany on the

#i''erent !ays he (an #o it+$

Mary . am )ase# in <u)"in* the (apita" (ity o' .re"an#+ . see peop"e or (ompanies !ho !ant to make a

"ega" agreement !ith another person or (ompany+ To#ay . am #ea"ing !ith an agreement to

#e"i-er goo#s 'rom .re"an# to the SA+ . ha-e to (he(k e-ery !or# -ery (are'u""yJ$

Io""y . !ork in a -ery o"# an# interesting area o' "a!+ To#ay . met a ("ient !ho is 70 years o"# an#

has no 'ami"y+ :hen she #ies* she !ants to put a"" o' her money into a spe(ia" 'un#+ 8er t!o

'rien#s !i"" use this money to he"p pay 'or a training s(hoo" 'or a(tors an# a(tresses 'rom her

home (ity here in Li-erpoo"+ . e%p"aine# to her ho! to #o that an# . !i"" #ra't the ne(essary "ega"

#o(uments 'or her+$

He"# $es%


to #ea" !ith someone or something – to #o

)usiness !ith someone or to take the (orre(t

a(tion in an area o' !ork+

"ega" – a""o!e# )y the "a!+

-a"i# – "ega""y (orre(t an# a((epta)"e+

to #ra't a #o(ument 4 to !rite a #o(ument+

to ha-e a right – in inte""e(tua" property "a! to

ha-e a "ega" interest in something it is yours+

ro))er – a person !ho stea"s money or property

using or threatening to use -io"en(e+

a #i-or(e – the "ega" en#ing o' a marriage+

to merge – in (ompany "a! !hen t!o

(ompanies 3oin together to 'orm one+

to )e )ase# some!here – to )e esta)"ishe#

some!here as the main p"a(e !here you !ork

or "i-e+

goo#s – things that are pro#u(e# so that they

(an )e so"#+

'un# – an amount o' money that a person or

organisation keeps to pay 'or somethingin parti(u"ar+



1& © Catherine Mason & Rosemary Atkins 2007

Unit 1A /

Foundation

a A "a!yer !ho #ea"s !ith ("ients !ho are in trou)"e !ith the po"i(e is a spe(ia"ist in +

) Last year my )ank !ith a )ig Nerman )ank an# they are no! (a""e# Europank+

. think they are the )iggest )ank in Europe no!J

( A "a!yer !ho #ea"s !ith ("ients !ho (reate ne! in-entions su(h as me#i(ines or ma(hines* or ne!

artisti( !orks su(h as )ooks or musi(* is a spe(ia"ist in +

# . spent three hours this morning a (ontra(t 'or my ne! ("ient+ . think the (ontra(t is

rea#y 'or him to rea# an# sign no!+

e . !ant to put some o' my money into a 'un# 'or the )ene'it o' my gran#(hi"#ren* !hi(h they !i"" ha-e

!hen they rea(h the age o' 1+ . nee# to see a "a!yer !ho is a spe(ia"ist in +

' :e""* . am 'rom Lon#on )ut . am Amster#am at the moment )e(ause .$m !orking

'or a <ut(h (ompany+

g A "a!yer !ho #ea"s !ith ("ients !ho are #i-or(ing or !ho ha-e pro)"ems o-er the (are o' their

(hi"#ren is a spe(ia"ist in +

h The (ompany #e"i-ers a"" o-er the nite# States )y rai" an# )y tru(k+

i A "a!yer !ho #ea"s !ith peop"e !ho )rea(h their (i-i" #uty o' (are is a spe(ia"ist in +

3 That (ontra(t is not )e(ause your ("ient hasn$t signe# it+

Exercise '

Choose a !or# or phrase 'rom the )o% to (omp"ete the senten(es+

l #ra'ting

l the "a! o' e,uity

an# trusts

l (rimina" "a!

l -a"i#

l )ase# in

l goo#s

l inte""e(tua"

property "a!

l the "a! o' tort

l 'ami"y "a!

l merge#

Exercise (

Look at the !or#s an# phrases in the )o%+ A"" o' the !or#s are (onne(te# !ith spe(i'i( areas o' "a!+ Mat(h

ea(h o' the !or#s !ith the (orre(t #e'inition+

l un'air #ismissa"

l "ease o' "an# an#

)ui"#ings

l 'ormation o' a

)usiness

l "an#"or#

l maternity "ea-e

l #is(riminate

l tenant

l (apita"

l si(k pay

l inso"-ent

l (on-eyan(ing

l re#un#an(y

l partnership

l merger

l rea" estate

a To )e means not ha-ing enough money to pay your #e)ts+

) A is the 3oining together o' t!o or more things* su(h as (ompanies* to

'orm one sing"e thing or (ompany+

( A is a person !ho pays rent to the o!ner o' a house* a '"at or an o''i(e in

return 'or "i-ing there* or 'or using the )ui"#ing 'or )usiness purposes+




Unit 1A

/Foundation

# is the "ega" pro(ess in-o"-e# in trans'erring the o!nership o' a house or "an#

'rom the se""er to the )uyer+

e To against someone means to )eha-e #i''erent"y to!ar#s that person*

usua""y in the !orkp"a(e* )e(ause o' their age* se% or the (o"our o' their skin+

' is a situation !here someone "oses his or her 3o) 'or a reason that is not -a"i#+

g is money that an emp"oyer must pay to an emp"oyee !hen that emp"oyeeis i"" an# (annot !ork+

h A is an agreement to a""o! someone to use "an# or )ui"#ings 'or a 'i%e#

perio# o' time in return 'or a payment o' rent+

i The is the esta)"ishment o' a ne! )usiness in a spe(i'i( !ay+

3 A is a )usiness !hi(h a minimum o' t!o peop"e o!n an# (ontro"+

k is the time perio# !hen a !oman is not at !ork )e'ore an# a'ter the )irth

o' her )a)y+ 8er emp"oyer usua""y pays her 'or part or a"" o' the time that she is a!ay+

" is the tota" amount o' money* property an# other assets that a )usiness has+

m is a situation !here someone "oses his or her 3o) )e(ause an emp"oyer no

"onger nee#s so many emp"oyees+

n A is a person !ho o!ns a house* a '"at or o''i(e an# re(ei-es rent 'rom

someone 'or a""o!ing them to "i-e there* or use the )ui"#ing 'or )usiness purposes+

o is a more 'orma" !ay o' saying "an# an# houses+

He"# $es%


o!nership – to ha-e o!nership o' a property

means that the property )e"ongs to you+ ou are

the o!ner o' the property+

assets – things that a person or (ompany o!ns+

#e)ts – sums o' money that you o!e+

rent – the money that someone pays* usua""y

e-ery month* to use a '"at* a house or an o''i(e

that )e"ongs to someone e"se+

'i%e# – something that is 'i%e# is (ertain an#

(annot )e (hange#+

E)#"*+)e,- "./ B0si,ess "./ L.,$ "./

Exercise A"" o' the !or#s an# phrases in E%er(ise @ )e"ong to either emp"oyment "a!* )usiness "a! or "an# "a!+ Iut

ea(h !or# or phrase un#er the (orre(t area o' "a!+



1' © Catherine Mason & Rosemary Atkins 2007

Unit 1A /

Foundation

Exercise 2

Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the emp"oyment "a! se(tion +

a My )a)y !i"" arri-e at the en# o' Mar(h so . !i"" take si% months$ starting on 1 Mar(h+

) 8e sue# his emp"oyer on the groun#s o' )e(ause the reason his emp"oyer ga-e 'or

'iring him !as not -a"i#+

( .' you are i"" an# not a)"e to !ork you shou"# "ook at your (ontra(t to see i' you (an get +

# .t is against the "a! in Eng"an# 'or an emp"oyer to against an emp"oyee )e(ause o'

his or her age+

e Many emp"oyees are !orrie# a)out )e(ause a "ot o' )usinesses are ("osing in this

area at the moment+

Exercise 3Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the )usiness "a! se(tion+

a The is the 'orma" !ay o' saying the !ay in !hi(h a ne! )usiness is (reate#+

) The tota" o' the )usiness is -a"ue# at appro%imate"y ?D2 mi""ion+

( The )usiness #oes not ha-e enough money to pay its #e)ts an# is +

# There !i"" )e a ne%t year )et!een t!o ma3or ritish (hemi(a" (ompanies+

e My 'rien# an# . !ant to start a ("eaning )usiness together an# !e #e(i#e# that the )est thing to #o is to

(reate a +

Exercise 4

Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the "an# "a! se(tion+

a 8e is a -ery goo# + 8e a"!ays pays the rent on timeJ

) My sister !orks in the Iroperty #epartment o' her "a! 'irm+ She a(ts 'or peop"e !ho are )uying an#

se""ing houses+ She is a spe(ia"ist in +

( :e #on$t o!n our house !e rent it+ The en#s in three months so !e !i"" ha-e to 'in#

some!here e"se to "i-e+

# 8e is the o' 'i-e houses in this area+ 8e makes a "ot o' money e-ery month 'rom the rent+

e The pri(e o' in this part o' the (ountry in(rease# a "ot "ast year+ .t is -ery e%pensi-e to

)uy a house+




Unit 1A

/Foundation

UNIT 1A !OCABULARY CHECK

These are the important !or#s that you ha-e

stu#ie# in nit 1A+ ou shou"# make sure that

you kno! these !or#s )e'ore you go on to

nit 1+

a (t 'or

a#-o(a(y

a""egation

appear

attorney

)ai"i''

)arrister

to )e )ase# some!here

)rea(h

(apita"(are"essness

(ase

(i-i" "a!

("aimant

("ient

(ompany "a!

(on-eyan(ing

(rimina" "a!

#amages

#ea" !ith

#e)t

#e'en#ant

#is(riminate

#ispute

#i-or(e

#ra't

e mp"oyment "a!

'ami"y "a!

'ormation o' a )usiness

goo#s

groun#s

harm

hear

immigration "a!

in3ure# person

inso"-ent

inte""e(tua" property "a!

issue 3u#gment

"an# "a!

"an#"or#

"a! 'irm

the "a! o' (ontra(t

the "a! o' e,uity an# trusts

the "a! o' tort

"a!yer

"ease

"ega"

"ega" (osts

"ega" pra(ti(e

"itigation

maternity "ea-e

matter

merge

neg"igen(e

no !in4no 'ee

o)"igation

o!e



to ha-e o!nership

partnership

party

p"ainti''

p"ea# a (ase

pra(tise

pro(e#urepro(ee#ings

to )e ,ua"i'ie#

rea" estate

re#un#an(y

represent

respon#

to ha-e a right

right o' au#ien(e

ser-esi(k pay

so"i(itor

spe(ia"ise

sue

tenant

tort

training (ontra(t

un'air #ismissa"

-a"i#!i""



1 © Catherine Mason & Rosemary Atkins 2007

Unit 1A /

FoundationTOLES FOUN5ATION EXAM PRACTICE

Exercise 1

Look at the senten(es )e"o!+ Ea(h senten(e (ontains a mistake+ The mistake is either an in(orre(t !or#

or a !or# that shou"# not )e there+ Iut a (ir("e aroun# the !or#+ <o HOT (ir("e more than one ans!er 'or

ea(h senten(e+ There is an e%amp"e at the )eginning + B

E%amp"e

.n the nite# States they #o not #i''eren(e )et!een t!o separate kin#s o' "a!yer )e(ause a""B"a!yers are kno!n as attorneys+

1 :hen a stu#ent 'inishes his or her "ega" stu#ies he or she has to make a t!o4year training

(ontra(t !ith a "a! 'irm+

2 The "a! o' tort says that e-eryone must to )e (are'u" an# not harm other peop"e+

D . !i"" start my training (ontra(t !ith the Tay"or :a""is in Septem)er+

F .' !e issue a ("aim against you !e !i"" ask 'or a -ery high #amages+

@ 8e )rea(he# the (ontra(t an# . !i"" prose(ute him in the (i-i" (ourt+

Exercise

Look at the arti("e )e"o!+ Rea# it an# #e(i#e i' the statements un#er it are true or 'a"se+ :rite your

ans!ers in the )o% )e"o!+ There is an e%amp"e at the )eginning + B

San3ay Iritam is a partner !ith a "a! 'irm in Southampton in the south o' Eng"an#+ San3ay is a spe(ia"ist in

maritime "a!+ 8e (hose this area o' "a! )e(ause o' his 'ami"y history+ 8is 'ather o!ns a ship+ San3ay$s

'ather !orke# on this ship 'or his !ho"e "i'e+ San3ay !orke# !ith him 'or t!o years an# then he starte# his

"ega" stu#ies+ San3ay thinks this pra(ti(a" e%perien(e on a ship !as -ery use'u"+

Eng"ish "a! in'"uen(es most o' the "a! that go-erns internationa" maritime (ases+ 6or this reason* "a!yers

'rom a"" o-er the !or"# (onta(t San3ay$s o''i(e to ask him 'or his opinion* !hi(h he gi-es )y phone or emai"+

:hen maritime "a!yers are speaking in'orma""y they #i-i#e (ases into t!o (ategories+ They (a"" them #ry$

(ases an# !et$ (ases+ <ry (ases in-o"-e pro)"ems !ith shipping (ontra(ts an# !et (ases in-o"-e pro)"ems

at sea* su(h as ships that ha-e a((i#ents+ Most o' the (ases that San3ay #ea"s !ith (annot )e negotiate#

an# en# in "itigation+

E%amp"e

San3ay Iritam !orks in a 'ami"y "a! pra(ti(e+B

1 San3ay$s 'ather is a"so a "a!yer+

2 San3ay thinks it is goo# that he !orke# on a ship )e'ore he !as a "a!yer+

D San3ay usua""y tra-e"s to other (ountries to he"p "a!yers !ho ha-e ,uestions a)out maritime "a!+

F A maritime (ase in-o"-ing a )rea(h o' (ontra(t is in'orma""y (a""e# a #ry (ase$+

@ Most o' San3ay$s (ases go to (ourt )e(ause the parties (annot agree upon a so"ution+

6ALSEB 1 2 D F @



© Catherine Mason & Rosemary Atkins 2007 1!

Unit 1A

/Foundation

Exercise &

8ere is a (on-ersation )et!een a "a!yer an# his ("ient+ The (on-ersation is mi%e# up+ Iut the (on-ersation

in the (orre(t or#er+ :rite your ans!ers in the )o%es num)ere# )e"o!+ There is an e%amp"e at the

)eginning * !hi(h is the start o' the (on-ersation+B

B Noo# Morning Mr Ro#rigueP+ Thank you 'or (oming to see me+ . un#erstan# that you !ou"# "ike to issue

a ("aim in the County Court=

a Three months is a "ong time+ . agree that you shou"# issue a ("aim+ . !i"" e%p"ain to you ho! it a"" !orks+

The 'irst thing that !e must #o is to (omp"ete a ("aim 'orm an# 'i"e it at the County Court+

) es* you !i"" ha-e to pay a 'ee+ ut i' you !in* the 3u#ge !i"" usua""y or#er the #e'en#ant to pay )a(k the

'ee+ The ne%t thing that happens a'ter !e 'i"e the ("aim is that the (ourt !i"" ser-e the ("aim 'orm upon

the #e'en#ant+

( es* that is (orre(t+ . think going to (ourt is the on"y thing that . (an #o+ . supp"y 'oo# to restaurants an#

(a'Qs in Chats!orth+ . ha-e a (ontra(t !ith a"" o' my (ustomers+ The (ontra(t states that a (ustomer

has 1F #ays to pay me 'rom the #ate they re(ei-e a #e"i-ery+ A (ustomer !ho o!ns a (a'Q in to!n is

three months$ "ate in paying me+ . !ou"# "ike to start pro(ee#ings against him+

# . see+ :hat in'ormation #o you nee# to (omp"ete the ("aim 'orm=

e 8e has 1F #ays to respon#+ .n this (ase . hope your (ustomer agrees that your ("aim is (orre(t an# that

he !i"" pay the money he o!es you !hen he re(ei-es the ("aim+ That is the )est thing that (an happen+

' . nee# the name an# a##ress o' your (ustomer+ :hen !e 'i"e the ("aim your (ustomer !i"" )e (a""e# the

#e'en#ant+ . a"so nee# the #etai"s o' your ("aim+ . nee# to kno! !hen the #e'en#ant re(ei-e# the

#e"i-ery 'rom you an# !hen he !as suppose# to pay you+ I"ease )ring me a (opy o' the (ontra(t so

that . (an (he(k the part o' it that ta"ks a)out payment+ 8o! mu(h money #oes he o!e you=

g An# !hen he re(ei-es the ("aim ho! many #ays #oes he ha-e to respon# to it=

h ?FD0+ . (an )ring a (opy o' the (ontra(t to your o''i(e this a'ternoon+ :hat happens !hen !e 'i"e the

("aim= <o . ha-e to pay a (ourt 'ee=

1 B 2 D F @ 7 >



The Legal ProfessionUnit 1(/)igher



© Catherine Mason & Rosemary Atkins 2007 1#

Unit 1(

/)igher

THE IMPORTANCE OF COLLOCATION

Co""o(ations are !or#s that 'orm natura" partnerships in Eng"ish+ 6or e%amp"e* !e say*

:hy (an$t !e say Merry He! ear$= .t$s )e(ause a nati-e !ou"#n$t e%pe(t these !or#s to go

together+ They #o not 'orm a goo# (o""o(ation+ Lega" Eng"ish is 'u"" o' (o""o(ations+ They might )e/

The key to "earning a((urate "ega" Eng"ish is to ha-e a goo# 'ami"iarity !ith (o""o(ation+ Some nouns 'orm

goo# (o""o(ations !ith more than one -er)+ Some nouns 'orm a goo# (o""o(ation !ith 3ust one -er)+ The

important thing is to start to noti(e a((urate (o""o(ations an# memorise them+ 6or e%amp"e/

As you !ork through this )ook you !i"" see many (o""o(ations+ To he"p you noti(e an# remem)er a((urate

(o""o(ations they ha-e )een put into a (o""o(ation )ank 'or you* "ike this/

THE LEGAL PROFESSION 6 WORKING SKILLS

Merry ChristmasJ$ )ut 8appy He! earJ$

l -er)noun

<o you a((ept "ia)i"ity =

l noun-er)

The gap has !i#ene# )et!een them+

l -er)a#-er)

Cou"# !e p"ease #is(uss this matter rationa""y =

to #ra't a (ontra(t

Noo# (o""o(ation/ to honour a (ontra(t

to )rea(h a (ontra(t

to !rite a (ontra(t

a# (o""o(ation/ to respe(t a (ontra(t

to in'ringe a (ontra(t

l a#3e(ti-enoun

She ma#e a 'ata" error +

l a#-er)a#3e(ti-e

This is a high"y (ontentious #ispute+

Exercise 1

Look at these senten(es+ They (ontain (o""o(ations that are in nit 1A+ Comp"ete the senten(es !ith a

!or# 'rom the 'our (hoi(es on the ne%t page+

a So"i(itors are a""o!e# to ("ients in (ourt+

) .$m a'rai# . (an$t he"p you+ . am a (ommer(ia" "a!yer an# this is a (rimina" +

( :hat are the 'or your (ase=

# . !i"" my 'ina" "a! e%ams in 9une o' ne%t year+

e My ("ient is a ne! 'a(tory an# he nee#s a#-i(e a)out the re"e-ant hea"th an#

sa'ety regu"ations+

C*""*c.-i*, 7.,%

l to #ra't a (ontra(t l to honour a (ontra(t l to )rea(h a (ontra(t



1$ © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher

THE IMPORTANCE OF PREPOSITIONS

As you !ork through this )ook you !i"" see many prepositions+ To he"p you noti(e an# remem)er a((urate

prepositions in a "ega" (onte%t they ha-e )een put into a preposition )ank 'or you* "ike this/

a The 3u#ge a!ar#e# my ("ient € 20*000

#amages+

) Suing someone is a more in'orma" !ay o' saying

starting pro(ee#ings someone+

( A sma"" ("aim is a ("aim a ma%imum

o' ?@000+

# Stephen !orks 'or a "a! 'irm

Manhattan+

e :hen you are #ispute !ith someone

you (an start a ("aim in the (i-i" (ourt+

' Cou"# . take a "ook your

emp"oyment (ontra(t=

Exercise

sing the kno!"e#ge that you ha-e a)out (o""o(ations an# prepositions (orre(t the "anguage )e"o!+

My name is Luigi an# . am a "a!yer at Mi"an+ . !ork into a )ig "a! 'irm+ To#ay . am -ery )usy+ . am

!riting a (ontra(t to a ne! ("ient+ This a'ternoon . am speaking 'or a #i''erent ("ient in (ourt+ .t is a

#isrespe(t o' (ontra(t (ase+ . think !e !i"" !in the (ase )e(ause our reasons are -ery strong+$

a A represent !ork 'or C stan# 'or < a#-o(ate

) A issue matter C su)3e(t < point

( A groun#s reasons C moti-es < )asis

# A pass make C prepare < take

e A starting "aun(hing C opening < initiating

Pre#*si-i*, 7.,%

l an attorney at "a!

My #aughter is an attorney at "a! in At"anta+$

l to !ork on something

.$m (urrent"y !orking on a merger agreement+$

l to sen# a (he,ue 'or an amount o' money

I"ease sen# a (he,ue 'or ?2000+$

l su)3e(t to something

The goo#s are 'or sa"e at this pri(e su)3e(t

to a-ai"a)i"ity+$

Exercise 1

Comp"ete these senten(es !ith a preposition that you sa! in nit 1A+

My name is Luigi an# . am a "a!yer Mi"an+ . !ork a )ig "a! 'irm+ To#ay . am -ery

)usy+ . am a (ontra(t a ne! ("ient+ This a'ternoon . am a

#i''erent ("ient in (ourt+ .t is a o' (ontra(t (ase+ . think !e !i"" !in the (ase )e(auseour are -ery strong+$



© Catherine Mason & Rosemary Atkins 2007 1%

Unit 1(

/)igher

SOLICITORS AN5 BARRISTERS

Exercise 1

<iana :i""iams is a "a!yer+ To#ay she is going to -isit a s(hoo" in her to!n to ta"k to the stu#ents a)out a

(areer in "a!+ 8ere are some o' <iana$s notes 'or her ta"k+ .n this se(tion she is ta"king a)out the t!o

separate pro'essions that e%ist in Eng"an#* so"i(itors an# )arristers+

6i"" in the gaps in the te%t !ith the (orre(t !or# 'rom the )o% )e"o!+

l partner l 3u#ge l ("ient l au#ien(e

l ,ua"i'y l pra(ti(es l so"i(itor l asso(iate

l partnerships l (ourt l attorney l issue#

My notes for careers talk at Chatsworth Hill School.

In England we have two different types of lawyer. One is known as a (a) ________

and the other is a arrister. !oth are called "lawyers#.$his can e a little conf%sing

eca%se in the &S' every lawyer is %s%ally known as an () ________. 'n English law

st%dent has to decide at soetie d%ring their %niversity st%dies which type of

lawyer they wo%ld like to ecoe when they finally (c) ________ as a lawyer.

Most English law st%dents decide to ecoe a solicitor. $hese are the lawyers that a

(d) ________ the person who pays for the services of a lawyer will %s%ally eet

first. Often the solicitor can help the client witho%t the need for a arrister.

Most solicitors work in sall private %sinesses known as (e) ________ in what arecalled "High Street firs#. $his phrase "High Street fir# refers to a typical sall

gro%p of solicitors working together in the type of offices that yo% can find on the

a*or streets of any English town or city. Many law firs are set %p as (f) ________.

' yo%ng lawyer will %s%ally work first as an (g) ________ of the fir and gain soe

e+perience while eing paid a fi+ed salary efore eing offered the opport%nity to

ecoe a (h) _______. ' typical High Street solicitor %s%ally specialises in a

partic%lar area of law s%ch as faily eployent or coercial law. Many people

elieve that solicitors cannot act for their clients in (i) ________ %t this is

%ntr%e.$ho%sands of solicitors appear in co%rt every day especially in the Co%nty

Co%rts where ost clais are (*) ________.

$he second type of lawyer fo%nd in England is known as a arrister. !arristers are

%s%ally specialists in a very partic%lar area of law. $hey give advice and opinions to

solicitors and their clients. !arristers have the right of (k) ________ (the right to

e heard y a *%dge) in all of the co%rts in the land. !arristers often share offices

known y the traditional nae of chaers altho%gh they all work alone as individ%als

eca%se they are foridden to work as partners. 'fter several years of e+perience

eers of either profession ay apply to preside over cases and sit as a

(l) _______. ,ithin the English legal syste a law st%dent cannot take an e+a to e

a *%dge %t has to wait to e appointed after soe years of e+perience as a lawyer.



'& © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher

Exercise

Look at the so"i(itors$ a#-ertisements on the opposite page+ Ni-e the name an# the te"ephone num)er o'

the 'irm o' so"i(itors that . shou"# (a"" i' . ha-e the 'o""o!ing "ega" pro)"ems/

a . ha-e rea(he# the age o' @0 an# . am thinking a)out !hat . !ant to happen to my property a'ter

my #eath+

) . !ant to )egin a )usiness importing e"e(tri(a" goo#s 'rom one European nion (ountry into another

an# . !ant to kno! !hat the ru"es are+

( . am a !oman !ho is angry that a man #oing the same 3o) in the 'a(tory !here . !ork is pai# more

than . am+

# . am a -isitor to Eng"an# 'rom the S+ . (ame to !ork in Lon#on 1 months ago* !ith the permission

o' the ritish authorities+ 8o!e-er* . on"y ha# permission to )e here 'or a year an# no! . am a'rai#

)e(ause . ha-e )roken the "a!+

6irm o' so"i(itors Te"ephone num)er

a

)

(

#

C*""*c.-i*, 7.,%

l to ,ua"i'y as a "a!yer

l to a(t 'or a ("ient

l to sit as a 3u#ge

l to gain some e%perien(e

l to issue a ("aim

l to take an e%am

Pre#*si-i*, 7.,%

l to )e kno!n as something

They are kno!n as )arristers+$

l to ,ua"i'y as something

She ,ua"i'ie# as a "a!yer t!o years ago+$

l to go into partnership !ith someone

8e is going to go into partnership !ith

his )rother+$

l to spe(ia"ise in something

Tom spe(ia"ises in (ommer(ia" "itigation+$

l to !ork in a )usiness

8e !orks in a "a! 'irm )ut she !orks in a )ank+$

l to presi#e o-er a (ase

The insuran(e (ase has starte# an# 9u#ge

Mortimer is presi#ing o-er it+$



© Catherine Mason & Rosemary Atkins 2007 '1

Unit 1(

/)igher

1st CALL ACCIDENT CENTRE

ACCI5ENT?IN8URE5?

Someone been careless?

NO WIN-NO FEE8ome an# hospita" -isits

6REEI8OHE 0@00 @2 1112

Swanhouse lace! Chatsworth

MARION KAYESolicitors

Professional, friendly, effective.

"us#ness Law

Commerc#al $ro$ert%

Commerc#al l#t#&at#on

E' Law

Insol(enc% Intellectual $ro$ert%

Lan)lor) an) Tenant

Te"e#9*,e: ;221 222 ('('

O''i(es in Lon#on* O%'or# an# Chats!orth

*udy (ar+laySo"i(itor

HMER OHE 6OR EMILOMEHT LA:

.' you ha-e a pro)"em in any o' the 'o""o!ing areas

(a"" to#ay 'or 'irst ("ass a#-i(e

H6A.R <.SM.SSAL RE<H<AHC

LL.HN <.SA.L.T R.N8TS

EUAL IA <.SCR.M.HAT.OH

REAC8 O6 COHTRACT

!!!+3u#y)ar("ay+(o+uk 0771 DDD>>>

2@ 8aymarket Lane* Chats!orth+

Iate" an# Co* So"i(itors

SIEC.AL.STS .H .MM.NRAT.OH LA:

.n("u#ing

(U,-.E,, --0AT-2. LA4 ork Per5its

Emai"/ Iau"ineIate";"a!+(om

Te"/ 0771 DDD 2D2D

F0 Roya" Cres(ent* Chats!orth+

C."" -*$.+<

6A7-6 2,, 4 C2,2L-C-T2,

Charity "a! Con-eyan(ing

Litigation :i""s an# Iro)ate

A((i#ent an# .n3ury

<i-or(e an# 6ami"y

in'o;ross'or3usti(e+(om

0771 222 00F

1F 8a-ery Roa#* Chats!orth

McC.r-9+ K+"e = C*YOUR LOCAL E5UCATION LAW SPECIALISTS IN CHATSWORTH

Spe(ia"ists in a"" areas o' E$0c.-i*, "./ in("u#ing/

S#eci." E5UCATION NEE5S > 5YSLEXIA > A5MISSIONS

AN5 EXCLUSIONS .,$ NEGLIGENCE CLAIMS

0771 F11 DD e"-e#ere Nar#ens* Chats!orth+

Su''ere# 'rom

,2L-C-T2,’ .E0L-0E.CE8Conta(t us no!

6REE initia" (onsu"tation BHO :.H4HO 6EE

6REEI8OHE 0@00 @F2 @F2

1st (a"" 'or a(tion

Matthe! Morrison So"i(itors@1 Uueen Anne S,uare* Chats!orth

Bsu)3e(t to assessment



'' © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher

a Hot taking enough (are o-er something that

you are responsi)"e 'or !ith the resu"t that

mistakes are ma#e or someone is hurt+

The !or# is

) The pro(ess o' "ega""y trans'erring the o!nership

o' "an# or )ui"#ings 'rom one person to another+

The !or# is

( A situation !here someone has to "ea-e their

3o) )e(ause they are no "onger nee#e# )y

their emp"oyer+

The !or# is

# An organiPation that e%ists in or#er to (o""e(t

money* 'oo# or goo#s an# gi-e them to peop"e

!ho nee# them+

The !or# is

e The state o' a )usiness not ha-ing enough

money to pay !hat it o!es+

The !or# is

' A person or (ompany !hi(h pays rent to

another person to a""o! them to "i-e in or use

"an# or )ui"#ings+

The !or# is

Exercise '

Say !hether the 'o""o!ing statements a)out the a#-ertisements are true or 'a"se+

Exercise &

6in# a !or# in the a#-ertisements that mat(hes the 'o""o!ing #e'initions+

a .' . in-ent a ne! type o' !ater heater that . #on$t !ant anyone e"se True 6a"se

to )e a)"e to (opy* . shou"# (a"" 07771 777 @F@F+

) .' . !ant to stu#y "a!* . shou"# (a"" M(Carthy 5y"e an# Co+ True 6a"se

( Matthe! Morrison !i"" a"!ays a((ept any ("ient on a True 6a"se

no !in4no 'ee )asis+

# The 1st Ca"" A((i#ent Centre spe(ia"ises in the "a! o' tort+ True 6a"se

e Matthe! Morrison #ea"s !ith (omp"aints a)out other so"i(itors+ True 6a"se

C*""*c.-i*, 7.,%

l

to make a !i"" l

a )rea(h o' (ontra(t l

to )e ma#e re#un#ant

Pre#*si-i*, 7.,%

l to import goo#s 'rom another (ountry

She importe# her (ar 'rom e"gium+$

l to import goo#s into a (ountry

She importe# her (ar into Eng"an#+$

l to take (are o-er!ith something

I"ease take (are o-er!ith that #o(ument

)e(ause it is -ery important+$

l to #ea" !ith something or someone

Cou"# you p"ease #ea" !ith Mr 9ones 'or me

as . am )usy this morning=$



© Catherine Mason & Rosemary Atkins 2007 '3

Unit 1(

/)igher

AREAS OF LAW

Exercise 1

Look at the !or#s in the )o% an# #e(i#e i' they (ome 'rom (i-i" "a! or (rimina" "a!+

a ro))ery (rimina" (i-i"

) (ontra(t (rimina" (i-i"

( partnership (rimina" (i-i"

# prison (rimina" (i-i"

e "itigation (rimina" (i-i"

' sue (rimina" (i-i"

g )usiness (rimina" (i-i"

h prose(ute (rimina" (i-i"

Exercise

Look at the (ategories o' (i-i" "a! an# mat(h them !ith the -ery simp"e #e'initions pro-i#e#+

Maritime "a!

The "a! o' tort

usiness an# (ompany "a!

Contra(t "a!

The "a! o' e,uity & trusts

.+T+ "a!

.nte""e(tua" property "a!

6ami"y "a!

Emp"oyment"a)our "a!

The "a! o' rea" property(on-eyan(ing

The "a! that #ea"s !ith the prote(tion o' the

rights o' in-entors !ho might in-ent a ne!

#rug or ma(hine or artistes !ho might !rite

a )ook or a song+

The "a! that #ea"s !ith situations !here

someone has (ontro" o' property 'or a perio#

o' time an# must "ook a'ter it 'or the )ene'it

o' someone e"se+

The "a! that #ea"s !ith e-ents su(h as

#i-or(e an# the (usto#y o' the right to "ook

a'ter (hi"#ren+

The "a! that #ea"s !ith e-erything (onne(te#

!ith in'ormation an# ho! it is passe#

)et!een peop"e* espe(ia""y )y means o'

the .nternet+

The "a! that #ea"s !ith "an#* in("u#ing

trans'erring the o!nership o' )ui"#ings or"an# 'rom one person to another+

The "a! that #ea"s !ith pri-ate agreements

)et!een peop"e or (ompanies an# tries to

make sure that no one su''ers a "oss i' an

agreement is )roken+

The "a! that #ea"s !ith e-ery (itiPen$s

responsi)i"ity not to harm other peop"e in

any !ay* e-en i' it is not a (ontra(tua" or

(rimina" situation+

The "a! that #ea"s !ith peop"e$s rights* pay

or (on#itions in the !orkp"a(e+

The "a! that #ea"s !ith the !ay )usinesses

are set up (reate# an# run operate# an#

ho! they must !ork in re"ation to ea(h other

an# the genera" pu)"i(+

The "a! that #ea"s !ith e-erything (onne(te#

!ith the sea or ships+

3

i

h

g

'

e

#

(

)

a



Pre#*si-i*, 7.,%

l to pass in'ormation )et!een t!o peop"e or

among a group o' peop"e

On(e the (on'i#entia" in'ormation ha#

passe# )et!een the t!o o' them* it !as

kno!n among the !ho"e group in the o''i(e

in 3ust a 'e! #ays+$

l to )e marrie# to someone

She has )een marrie# to Ieter 'or

se-en years+$

l to )e on 'u"" pay

The (ompany suspen#e# him 'rom !orkon 'u"" pay+$

' © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher

Exercise &

Look at the situations )e"o! an# #e(i#e !hi(h area o' (i-i" "a! is re"e-ant+

a Anna agree# to pay Iau" ?F000 to "an#s(ape

the gar#en at her ne! house+ Iau" has no!

'inishe# the !ork )ut Anna says she is not

satis'ie# !ith it an# she has re'use# to pay him+

The area o' "a! is

) Caro"ine an# Susan !ant to start a )usiness

together+ They nee# a so"i(itor to #ra't an

agreement 'or them a)out ho! they !i"" share

a"" the responsi)i"ities o' the )usiness+

The area o' "a! is

( <anie" !ants his t!o year o"# gran#son* :ayne*

to ha-e his house !hen he #ies+ 8o!e-er* i'

<anie" #ies )e'ore :ayne is 21 years o"# <anie"

!ants his 'rien#* 8arry* to "ook a'ter the house

unti" :ayne rea(hes 21 years o"#+

The area o' "a! is

# Emi"y has )een in hospita" an# has )een -ery

i"" a'ter an operation+ She thinks that the

#o(tor !as neg"igent an# that he has ma#e

her i""ness !orse )y his a(tions+ She !ants to

("aim #amages+

The area o' "a! is

e i"" has )een marrie# to Ruth 'or 1F years+

8o!e-er* he no! !ishes to "ea-e Ruth an# "i-e

!ith 9ane+ i"" an# Ruth (annot #e(i#e ho! to

share their property )et!een them+

The area o' "a! is

' Ihi""ip has re(ei-e# an o''er to )uy his house*

)ut there is a pro)"em !ith the e%a(t position o'

the )oun#ary+ The )uyerVs so"i(itor must (he(k

this )e'ore the (ontra(t is signe#+

The area o' "a! is

g E"isa)eth$s (ompany transports goo#s 'rom

South Ameri(a to Eng"an# )y ship+ 8o!e-er*

there !as a )a# storm at sea "ast !eek an#

the ship (arrying the goo#s sank o'' the (oast

o' 6ran(e+

The area o' "a! is

h <a-i# has )een using the .nternet to sen# a "ot

o' pri-ate emai"s at !ork an# his )oss says that

this is an a)use o' the time 'or !hi(h he is pai#+

<a-i# has )een sent home 'rom !ork on 'u"" pay

)e(ause his )oss is in-estigating the situation+

The area o' "a! is

C*""*c.-i*, 7.,%

l to pass in'ormation l to su''er a "oss l to set up a )usiness

l to run a )usiness l to #ra't an agreement l to ("aim #amages



© Catherine Mason & Rosemary Atkins 2007 '!

Unit 1(

/)igher

THE REGISTER OF LETTER WRITING

Exercise 1

<iana :i""iams has re(ei-e# this "etter 'rom a stu#ent at the s(hoo" !here she ga-e her ta"k+

The !or#s that ha-e )een un#er"ine# are too in'orma"+ Comp"ete the same "etter on the ne%t page )y

(hoosing a )etter !or# or phrase 'rom those in the )o%+

The Nate

Chats!orth

C81@ 2MM

Miss <iana :i""iams 2F Apri" 20WW

Chester an# Ie"ton* So"i(itors

227 Na""o!gate

Chats!orth

C81 FHN

<ear Miss :i""iams

Y*0r -."% .- C9.-s/*r-9 Hi"" Sc9**" ".s- /ee%

Thank you -ery mu(h 'or the ta"k that you ga-e to our ("ass on Tues#ay+ .t !as -ery

interesting+ . am thinking -ery serious"y a)out )e(oming a "a!yer an# . hope that you

(an ans!er some ,uestions a)out one or t!o things that !ere not in("u#e# in your ta"k+

a .n the 'irst p"a(e* . am a "itt"e !orrie# a)out the pro(ess o' ) using the (i-i" (ourt to

start o'' a "ega" pro(ess+ . am thinking o' getting a ("aim 'orm an# some "ea'"ets to try to

'in# out more+ .' . go to the County Court in Chats!orth* !i"" . )e a""o!e# to pi(k up a

("aim 'orm 3ust to "ook at= A"so* (ou"# you te"" me a "itt"e more a)out ( !riting more

(omp"i(ate# "ega" #o(uments su(h as (ontra(ts= . am -ery ner-ous a)out this part o'the !ork+ My mother an# 'ather )ought a ne! house re(ent"y an# the so"i(itor !ho #i#

the # rea" estate trans'er o' o!nership seeme# to #o a "ot o' -ery #i''i(u"t paper!ork+

:hat happens i' . make a mistake= Can the ("ient e start a (ase in the (ourt i' . gi-e

them ' !rong a#-i(e=

A"so* you sai# that in the 'uture there is going to )e a "ot o' g #is(ussing pro)"ems

!ith someone !ho (an he"p 'in# an agreement )et!een ("ients instea# o' going to

(ourt so o'ten+ This !orries me a "itt"e+ <oes it mean that there !i"" )e "ess !ork 'or

"a!yers an# some 'irms may think a)out making peop"e h out o' !ork=

i Last* you sai# that "a!yers usua""y !ork in partnership an# are rare"y 3 "a!yers !ho

!ork a"one+ :hat !i"" happen i' . 3oin a partnership a)out k getting the usua" pay 'rommy "a! 'irm !hen . am i""* or !hen . ha-e a )a)y an# . nee# to take " some time a!ay

'rom !ork to "ook a'ter him or her=

Thank you in a#-an(e 'or your he"p+

ours sin(ere"y

Emma Soame



'" © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher



l me#iation l si(k pay l 6irst"y l re#un#ant

l #ra'ting l 6ina""y l neg"igent l issuing a ("aim

l maternity "ea-e l (on-eyan(ing l sue l so"e pra(titioners

The Nate

Chats!orth

C81@ 2MM

2F Apri" 20WW

Miss <iana :i""iams

Chester an# Ie"ton* So"i(itors

227 Na""o!gate

Chats!orth

C81 FHN

<ear Miss :i""iams

Y*0r -."% .- C9.-s/*r-9 Hi"" Sc9**" ".s- /ee%

Thank you -ery mu(h 'or the ta"k that you ga-e to our ("ass on Tues#ay+ .t !as -ery

interesting+ . am thinking -ery serious"y a)out )e(oming a "a!yer an# . hope that you

(an ans!er some ,uestions a)out one or t!o things that !ere not in("u#e# in your ta"k+

a * . am a "itt"e !orrie# a)out the pro(ess o' ) +

. am thinking o' getting a ("aim 'orm an# some "ea'"ets to try to 'in# out more+ .' . go

to the County Court in Chats!orth* !i"" . )e a""o!e# to pi(k up a ("aim 'orm 3ust to

"ook at= A"so* (ou"# you te"" me a "itt"e more a)out ( more

(omp"i(ate# "ega" #o(uments su(h as (ontra(ts= . am -ery ner-ous a)out this parto' the !ork+ My mother an# 'ather )ought a ne! house re(ent"y an# the so"i(itor !ho

#i# the # seeme# to #o a "ot o' -ery #i''i(u"t paper!ork+ :hat

happens i' . make a mistake= Can the ("ient e i' . gi-e them

' a#-i(e=

A"so* you sai# that in the 'uture there is going to )e a "ot o' g

)et!een ("ients instea# o' going to (ourt so o'ten+ This !orries me a "itt"e+ <oes it

mean that there !i"" )e "ess !ork 'or "a!yers an# some 'irms may think a)out making

peop"e h =

i * you sai# that "a!yers usua""y !ork in partnership an# are rare"y

3 + :hat !i"" happen i' . 3oin a partnership a)out k * or !hen . ha-e a )a)y an# . nee# to take " =

Thank you in a#-an(e 'or your he"p+

ours sin(ere"y

Emma Soame



© Catherine Mason & Rosemary Atkins 2007 '#

Unit 1(

/)igher

LISTENING

Exercise 1

Listen to this trainee "a!yer speaking a)out his e%perien(e o' !orking 'or a ma3or "a! 'irm in Lon#on+

Some !or#s are missing 'rom the te%t+ Listen (are'u""y an# !rite the missing !or#s in the )o% )e"o!+

My name is Ro) 9ones an# . am a trainee !ith a "a! 'irm+ .$-e a"!ays !ante# to )e aa an# . (an$t imagine #oing any other 3o)+ . starte# !orking here at Tay"or

:a""is a year ago+ Tay"or :a""is is a g"o)a" "a! 'irm !ith its hea#,uarters in the City o' Lon#on+ .

stu#ie# "a! at Man(hester ni-ersity )ut . !ante# to #o my training (ontra(t in Lon#on )e(ause .

am intereste# in ) "a! an# )anking an# . think the )est positions !ith the

top "a! 'irms are here+ . think my parents !ere #isappointe# that . #i#n$t )e(ome a (

an# !ork in (ham)ers an# !ear a !ig in (ourt )ut . !asn$t intereste# in that at a""J

:ith this "a! 'irm the t!o4year training (ontra(t is #i-i#e# into 'our perio#s+ Ea(h si%4month perio#

is (a""e# a seat$+ My 'irst seat !as in the # #epartment+ That rea""y 3ust

means #ea"ing !ith (ompanies an# )usinesses+ . !as in-o"-e# in meeting ("ients* e

#o(uments an# took part in some -ery high -a"ue #ea"s+ O' (ourse* . ha# "ots o' support 'rom the

e%perien(e# peop"e !orking on my team !e (a"" them the prin(ipa"s )ut . !as surprise# at ho!

mu(h responsi)i"ity they ga-e me+

My se(on# seat !as in the Iroperty #epartment+ This in-o"-e# ' 'or ("ients

!ho !ere )uying an# se""ing #omesti( an# (ommer(ia" property* mu(h o' it o''i(e )ui"#ings here in

Lon#on+ . !as a)"e to get some e%perien(e o' g as !e"" as a "itt"e "an#"or#

an# h "a! !hen !e #ea"t !ith renta"s+

He%t . !i"" )e mo-ing into the i Iroperty #epartment+ .$m rea""y p"ease# a)out

that as it (o-ers ,uite a 'e! #i''erent areas o' "a! an# (an in-o"-e 'amous ("ients+ At the moment

the #epartment is #ea"ing !ith a )rea(h o' (opyright (ase 'or a 'amous musi(ian+

. hope to stay !ith Tay"or :a""is !hen . 3 as a "a!yer ne%t year+ .n 'a(t* .$m

"ooking 'or!ar# to )eing )ase# in Lon#on 'or most o' my "ega" (areer+$

a

)

(

#

e

'

g

h

i

3



'$ © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher USING YOUR KNOWLE5GE

1 Co""o(ation re-ie!

Comp"ete these senten(es !ith a (o""o(ation that you ha-e seen+

a ou are @0 years o"# no! Mr 9ohnson* you shou"# rea""y think a)out a !i""+

) .' you #o not honour your si#e o' the agreement that you ha-e signe#* .$m a'rai# . !i"" ha-e to sue

you 'or o' (ontra(t+

( . ha-e spent the "ast 'e! hours a )usiness partnership agreement 'or t!o ne! ("ients+

# . 'inishe# my training (ontra(t an# starte# !ork t!o years ago* so .$m 'air"y ne! to the "ega"

pro'ession+ :hen #i# you as a "a!yer=

e . am thinking o' a ne! )usiness an# . nee# some a#-i(e a)out ho! to start+

' She has )een her o!n )usiness 'or se-era" years no! an# she has )een -ery

su((ess'u"+

g There are t!o separate pro'essions !ho are a""o!e# to "a! in Eng"an# )ut in the

SA they #on$t make this #i-ision+

h .$m a'rai# my ("ient a -ery serious "oss #ue to your ("ient$s a(tions+

i :e are starting pro(ee#ings imme#iate"y an# !e !i"" )e ("aiming o' ?10*000+

3 . am going to my "a! e%ams in 9une ne%t year+

2 Go(a)u"ary re-ie!

Comp"ete these senten(es !ith a !or# that you ha-e seen+

a A person !ho pays rent to a "an#"or# is a +

) 8e has !orke# 'or that (ompany 'or 20 years )ut )usiness isn$t goo# at the moment an# they might

ha-e to make him +

( They !ent into "ast year* !hi(h means they o!n an# run the )usiness together+

# She is an e%pert in pro(e#ures+ She #ea"s !ith (ompanies that #on$t ha-e enough

money to pay their #e)ts+

e She #ea"s !ith + .t (on(erns the )uying an# se""ing o' "an# an# houses an# making

sure the o!nership o' them is "ega""y trans'erre#+

' The pro(ess o' t!o peop"e ta"king a)out their "ega" pro)"em !ith an in#epen#ent person to he"p

them agree on a so"ution is (a""e# +

g .' you !ant to sue someone !ho hasn$t )een (are'u" enough* the groun#s 'or your (ase !ou"#

pro)a)"y )e +



© Catherine Mason & Rosemary Atkins 2007 '%

Unit 1(

/)igher

h The type o' "a!yer !ho !orks in (ham)ers an# p"ea#s (ases usua""y in the higher (ourts is kno!n

as a +

i Things that are pro#u(e# in or#er to )e so"# are (a""e# +

3 A "a!yer in the SA is usua""y kno!n )y the genera" name o' +

D Ireposition re-ie!

Comp"ete these senten(es !ith the (orre(t preposition+

a . am !orking a -ery interesting merger pro3e(t at the moment+

) A "an#"or# is a person !ho re(ei-es rent someone+

( .$m a'rai# that this 'irm #oes not #ea" (rimina" "a!+

# . am )ase# Sto(kho"m at the moment+

e .n your ("aim 'orm you ha-e ma#e some -ery serious a""egations my ("ient+

' She imports goo#s Nermany 'rom China+

g :hi(h 3u#ge is presi#ing this (ase=

h :e !i"" "en# you the money su)3e(t (on'irmation o' the amount o' your sa"ary+

i I"ease sen# a (he,ue ?20 to this a##ress+

3 8a-e you hear# the ne!s= 9enni'er an# Ste-en ha-e gone partnership+



3& © Catherine Mason & Rosemary Atkins 2007

Unit 1(/

)igher TOLES HIGHER EXAM PRACTICE

Exercise 1

There is a !or# or phrase missing 'rom the 'o""o!ing senten(es+ 6or ea(h senten(e (hoose the !or# or

phrase !hi(h )est 'its into the spa(e 'rom the options pro-i#e#+ Iut a (ir("e aroun# the (orre(t ans!er

on the ans!er sheet +

<o not mark more than one ans!er 'or ea(h senten(e+

E%amp"e/ .' a person "oses his or her 3o) 'or a reason that is not -a"i# it is (a""e# un'air +B

1 So"i(itors are a""o!e# to 1 ("ients in (ourt+

2 This is a (rimina" 2 * so . !i"" ha-e to re'er you to a (o""eague !ho #ea"s !ith (rimina" "a!+

D . stu#ie# some "an#"or# an# D "a! !hen . !as at uni-ersity )ut . #on$t remem)er it no!+

F .t is "ega" in Eng"an# an# Ameri(a 'or some "a!yers to !ork on a no !in4no F )asis+

@ . #on$t think . !i"" e-er !ant to @ as a 3u#ge )e(ause . en3oy my 3o) as a so"i(itor+

. think it is 'air that e-eryone gets pay 'or #oing the same 3o)+

7 . ha-e #e(i#e# to spe(ia"ise in "an# "a! so . e%pe(t to )e #oing a "ot o' 7 +

My "a! 'irm has a goo# reputation 'or han#"ing property (ases* espe(ia""y i' (omputer

so't!are is (opie# !ithout the #esigner$s permission+

> .' a "a!yer is a""o!e# to )e hear# in a parti(u"ar (ourt !e say that he or she has right o' > +

10 .' you !ant the 3u#ge to a!ar# you #amages 'rom the #e'en#ant you !i"" ha-e to pro-e to the (ourt thatyou ha-e 10 a "oss+

Ans!er Sheet

E%amp"e/ B A 'iring re#un#an(y C #ismissa" < re"ease

1 A ta"k 'or a(t 'or C speak 'or < a#-o(ate 'or

2 A pro)"em topi( C su)3e(t < matter

D A renter o((upier C tenant < resi#ent

F A payment 'ee C sa"ary < money

@ A sit pra(tise C ar)itrate < ru"e

A same e,ui-a"ent C a"ike < e,ua"

7 A trans'erring assigning C re"o(ating < (on-eyan(ing

A in-ention (reati-e C inte""e(tua" < origina"

> A speaking (onsu"tation C hearing < au#ien(e

10 A su''ere# e%perien(e# C ha# < en#ure#




Unit 1(

/)igher

Exercise

Rea# the te%t )e"o! an# think o' the !or# that )est 'its ea(h spa(e+ se on"y one !or# in ea(h spa(e+

:rite your ans!ers in the )o% )e"o!+

There is an e%amp"e at the )eginning + B

arristers at !orkLi'e as a )arrister is prestigious )ut it (an a"so )e e%treme"y stress'u"+ 9u"ia #e ur(a is a )arrister in

Lon#on+ The 'irst #i''i(u"ty 9u"ia ha# !as to as a )arrister at a""+ On"y @00 or so "a!Bstu#ents manage to pass the ar Go(ationa" Course in Eng"an# an# :a"es e-ery year+ .n an a-erage year

appro%imate"y 1*@00 stu#ents )egin the (ourse* so many #o not make it+

The ar Go(ationa" Course is #es(ri)e# as a )ri#ge )et!een the a(a#emi( stu#y o' "a! an# ha-ing to

a(tua""y 1 "a! in the rea" !or"#+ 9u"ia passe# the (ourse three years ago+

.n a typi(a" #ay 9u"ia "ea-es her '"at at 7+D0am an# arri-es at 2 * the spe(ia" name 'or a

)arrister$s o''i(e* at +D0am+ 9u"ia shares a )ui"#ing !ith 1F other )arristers+ 8o!e-er* they are not

partners+ arristers are a""o!e# to share o''i(e a((ommo#ation )ut they are not a""o!e# to 'orm

D + E-ery )arrister is se"'4F +

.' she is representing a ("ient that #ay 9u"ia tra-e"s #ire(t"y to (ourt+ Speaking on )eha"' o' a ("ient in (ourt

is (a""e# @ a (ase+ As a )arrister* 9u"ia has the right o' au#ien(e in (ourt at e-ery "e-e"+ She

is a (on'i#ent * !hi(h means that she is ski""e# at speaking in (ourt+ 9u"ia is -ery

su((ess'u" in (ourt* as she "o-es pu)"i( speaking+ She is a"so re,uire# to #o a "ot o' resear(h an# a "ot o'

7 * !hi(h means !riting "ega" #o(uments+ On #ays !hen 9u"ia is not in (ourt she spen#s her

time preparing (ases an# !riting opinions+ She usua""y "ea-es !ork at aroun# 7+D0 pm* taking any !ork

that is not 'inishe# !ith her+ 9u"ia o'ten !orks "ong hours o-er the !eeken#+

9u"ia is a spe(ia"ist in inso"-en(y* so she a#-ises ("ients !ho money )ut 'or some reason

they (annot pay+ A"" o' 9u"ia$s ("ients are (ompanies+ :hen a (ompany has 'inan(ia" pro)"ems* 9u"ia !i""

a#-ise the (ompany i' it (an "ega""y (ontinue tra#ing+ She sometimes has to #e'en# ("ients in (ourt !hen

"ega" > ha-e )een issue# against them+ .' her ("ient "oses the (ase an# the 3u#ge a!ar#s10 to the ("aimant then 9u"ia !i"" a#-ise her ("ient on !hat to #o ne%t+

E%amp"e ,ua"i'yB

1

2

D

F

@

7

>

10



3' © Catherine Mason & Rosemary Atkins 2007

Answer 9ey

H.T 1AT8E LENAL IRO6ESS.OH

:OR5.HN .H LA:

Exercise 1 pDa+ arrister

)+ Attorney

(+ So"i(itor

#+ La!yer

Exercise pF

a+ True

)+ True

(+ 6a"se

#+ True

e+ 6a"se

MA5.HN A CLA.M .H T8E C.G.L CORT

Exercise 1 pF

a+ (i-i"

)+ (i-i"

(+ (rimina"

#+ (i-i"

e+ (rimina"

Exercise p@

a+ True

)+ 6a"se

(+ True

#+ True

e+ 6a"se

'+ 6a"se

Exercise & p

a+ pay the (ourt an amount o' money 'or

issuing the ("aim+

)+ sen# the ("aim to the #e'en#ant$s a##ress

an# make sure that he or she re(ei-es it+

(+ (on'irm that you ha-e re(ei-e# the ("aim an#

to say !hat you !i"" #o ne%t+

#+ "isten to the #etai"s o' the ("aim an# "isten to

!hat the ("aimant an# #e'en#ant say a)out

their #ispute+

e+ #e(i#e that this person has !on the (ase+

'+ o''i(ia""y announ(e the resu"t o' the (ase+

The 3u#ge may gi-e the reasons 'or the

#e(ision+

g+ o''i(ia""y state !hat someone has to #o* an#

ho! an# !hen he or she must #o it+

h+ (an "ega""y take a person$s property !hen

that person #oes not pay money that he or

she o!es+

Exercise ' p

a+ issues

)+ 'ee

(+ ser-es

#+ respon#e+ hear

'+ 'in#

g+ or#er

h+ )ai"i''

AREAS O6 LA:

Exercise 1 p7

a+ La!yers say to )rea(h a #uty o' (are+

)+ .n Eng"an# an# the SA the "a! o' tort is an

area o' (i-i" "a!+

(+ A tort is a type o' (i-i" !rong+

#+ The name o' this tort is neg"igen(e+

e+ Suing means starting pro(ee#ings against

someone+

'+ The (orre(t name 'or this money is #amages+

g+ The (orre(t name 'or this arrangement is a

no !in4no 'ee arrangement+

Exercise p

a+ suing

)+ neg"igen(e

(+ #amages

#+ a""egations

e+ groun#s

Exercise & p

a+ Mary

)+ Mi(hae"

(+ Tom

#+ Cory

e+ Io""y

'+ 5ay"eigh

g+ Sunitta

h+ <a-i#

i+ 9enni'er

3+ A"istair

Exercise ' p10

a+ (rimina" "a!

)+ merge#

(+ inte""e(tua" property "a!

#+ #ra'ting

e+ the "a! o' e,uity an# trusts

'+ )ase# in

g+ 'ami"y "a!

h+ goo#s

i+ the "a! o' tort

3+ -a"i#

ANSWER KEY




Answer 9eyExercise ( p10

a+ inso"-ent

)+ merger

(+ tenant

#+ Con-eyan(ing

e+ #is(riminate

'+ n'air #ismissa"

g+ Si(k pay

h+ "ease o' "an# an# )ui"#ings

i+ 'ormation o' a )usiness

3+ partnership

k+ Maternity "ea-e

"+ Capita"

m+ Re#un#an(y

n+ "an#"or#

o+ Rea" estate

Exercise p11

Emp"oyment "a!

un'air #ismissa"

maternity "ea-e

#is(riminate

si(k pay

re#un#an(y

usiness "a!

'ormation o' a )usiness

(apita"

inso"-ent

partnership

merger

Lan# "a!

"ease o' "an# an# )ui"#ings"an#"or#

tenant

(on-eyan(ing

rea" estate

Exercise 2 p12

a+ maternity "ea-e

)+ un'air #ismissa"

(+ si(k pay

#+ #is(riminate

e+ re#un#an(y

Exercise 3 p12

a+ 'ormation o' a )usiness

)+ (apita"

(+ inso"-ent

#+ merger

e+ partnership

Exercise 4 p12

a+ tenant

)+ (on-eyan(ing

(+ "ease

#+ "an#"or#

e+ rea" estate

TOLES 6OH<AT.OH EWAM IRACT.CE

Exercise 1 p1F

1+ :hen a stu#ent 'inishes his or her "ega"

stu#ies he or she has to make a t!o4year

training (ontra(t !ith a "a! 'irm+

2+ The "a! o' tort says that e-eryone must to

)e (are'u" an# not harm other peop"e+

D+ . !i"" start my training (ontra(t !ith theTay"or :a""is in Septem)er+

F+ .' !e issue a ("aim against you !e !i"" ask 'or

a -ery high #amages+

@+ 8e )rea(he# the (ontra(t an# . !i""

prose(ute him in the (i-i" (ourt+

Exercise p1F

1+ 6a"se

2+ True

D+ 6a"se

F+ True

@+ True

Exercise & p1@

1+ B

2+ (

D+ a

F+ #

@+ '

+ h

7+ )

+ g

>+ e

H.T 1T8E LENAL IRO6ESS.OH

T8E .MIORTAHCE O6 COLLOCAT.OH

Exercise 1 p17

a+ A represent

)+ matter

(+ A groun#s

#+ < take

e+ C opening

T8E .MIORTAHCE O6 IREIOS.T.OHS

Exercise 1 p1

a+ in

)+ against

(+ 'orto

#+ in

e+ in

'+ at



3 © Catherine Mason & Rosemary Atkins 2007

Answer 9eyExercise p1

a+ in

)+ 'or

(+ #ra'ting

#+ 'or

e+ a(ting 'orrepresenting

'+ )rea(h

g+ groun#s

SOL.C.TORS AH< ARR.STERS

Exercise 1 p1>

a+ so"i(itor

)+ attorney

(+ ,ua"i'y

#+ ("ient

e+ pra(ti(es

'+ partnerships

g+ asso(iate

h+ partner

i+ (ourt

3+ issue#

k+ au#ien(e

"+ 3u#ge

Exercise p20

a+ <a-i# Ross & Co 0771 222 00F

)+ Marion 5aye 0771 777 @F@F

(+ 9u#y ar("ay 0771 DDD>>>

#+ Iate" & Co 0771 DDD 2D2D

Exercise & p22

a+ neg"igen(e)+ (on-eyan(ing

(+ re#un#an(y

#+ (harity

e+ inso"-en(y

'+ tenant

Exercise ' p22

a+ True

)+ 6a"se this "a! 'irm spe(ia"ises in suing

s(hoo"s an# (o""eges 'or neg"igen(e

(+ 6a"se

#+ Truee+ True

AREAS O6 LA:

Exercise 1 p2D

a+ (rimina"

)+ (i-i"

(+ (i-i"

#+ (rimina"

e+ (i-i"

'+ (i-i"

g+ (i-i"

h+ (rimina"

Exercise p2D

a+ .nte""e(tua" property "a!

)+ The "a! o' e,uity an# trusts

(+ 6ami"y "a!

#+ .+T+ "a!

e+ The "a! o' rea" property(on-eyan(ing

'+ Contra(t "a!

g+ The "a! o' tort

h+ Emp"oyment"a)our "a!

i+ usiness an# (ompany "a!

3+ Maritime "a!

Exercise & p2F

a+ Contra(t "a!

)+ usiness an# (ompany "a!

(+ The "a! o' e,uity an# trusts

#+ The "a! o' tort

e+ 6ami"y "a!

'+ The "a! o' rea" property(on-eyan(ing

g+ Maritime "a!

h+ Emp"oyment "a!

T8E REN.STER O6 LETTER :R.T.HN

Exercise 1 p2

a+ 6irst"y

)+ issuing a ("aim

(+ #ra'ting

#+ (on-eyan(ing

e+ sue

'+ neg"igent

g+ me#iation

h+ re#un#ant

i+ 6ina""y

3+ so"e pra(titioners

k+ si(k pay

"+ maternity "ea-e

L.STEH.HN

Exercise 1 p27

a+ so"i(itor

)+ inso"-en(y

(+ )arrister

#+ (orporatee+ #ra'ting

'+ a(ting

g+ (on-eyan(ing

h+ tenant

i+ inte""e(tua"

3+ ,ua"i'y



mage

Answer 9eyS.HN OR 5HO:LE<NE

C*""*c.-i*, reie/ p2

a+ making

)+ )rea(h

(+ #ra'ting

#+ ,ua"i'y

e+ setting up'orming

'+ runningg+ pra(tise

h+ su''ere#

i+ #amages

3+ take

!*c.70".r+ reie/ p2

a+ tenant

)+ re#un#ant

(+ partnership

#+ inso"-en(y

e+ (on-eyan(ing

'+ me#iationg+ neg"igen(e

h+ )arrister

i+ goo#s

3+ attorney

Pre#*si-i*, reie/ p2>

a+ on

)+ 'rom

(+ !ith

#+ in

e+ against

'+ intog+ o-er

h+ to

i+ 'or

3+ into

TOLES 8.N8ER EWAM IRACT.CE

Exercise 1 pD0

1+ a(t 'or

2+ < matter

D+ C tenant

F+ 'ee

@+ A sit

+ < e,ua"7+ < (on-eyan(ing

+ C inte""e(tua"

>+ < au#ien(e

10+A su''ere#

Exercise pD1

1+ pra(tise

2+ (ham)ers

D+ partnerships

F+ emp"oye#

@+ p"ea#ing

+ a#-o(ate7+ #ra'ting

+ o!e

>+ pro(ee#ings

1

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