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THE FACULTY OF LAW

ESP - LEGAL ENGLISH I

Doc. dr Jelena Pralas

Legal English I Unit 1

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 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 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 . 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 of the , 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 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 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 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 was established in 1907 - a court to which any person who complains of his 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 a) false name 1. ex-convict b) suffering 2. to convince c) cannot be prevented 3. inevitable d) former prisoner 4. prejudice e) to turn to 5. vindication f) punishable 6. fallible g) misrepresentation leading to a deceit 7. alias h) a strong bias 8. ordeal i) exoneration 9. penal j) likely to make a mistake 10.to resort k) to persuade

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VOCABULARY

I. Match the phrase with justice with the appropriate explanation

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. 1. escape justice B) Someone has been treated fairly or has been 2. bring somebody to justice given a punishment they deserve 3. justice has been served C) To catch someone who you think is guilty of 4. do justice to somebody a crime and arrange for them to go to court 5. poetic justice 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 c. the letter of the law b. law and order 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

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 1. Authority d) Behaviour recognized by a community as 2. Court binding or enforceable by authority 3. Govern e) Legal proceedings 4. Judge f) An official body that has authority to try 5. Law enforcement agency criminals, resolve disputes, or make other 6. Lawyers legal decisions 7. Legal action g) An organization responsible for enforcing 8. Legal system the law, especially the police 9. Legislation h) A senior official in a court of law 10. Rule i) The body or system of rules recognized by a 11. The judiciary community that are enforceable by 12. Tribunal 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 ______, 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 , 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 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 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 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 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 (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 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. 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 ………………... 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. ______3. ______5. ______

2. ______4. ______

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)

______Body (paragaraph 2)

______Body (paragaraph 3)

______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 . 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 . 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 17 Legal English I Unit 1 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 B. International Law Draft law (bill) Convention/Treaty Regulations Protocol Code(s) Regulation/Directive Constitution (European Guidelines Union) Case law/Judgments/Precedents Case Law

Branches of Law Some of the branches of law are: Constitutional Law Commercial Law Employment Law 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, 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

1 Legal English I Unit 1 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

Common law, also known as , 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

2 Legal English I Unit 1 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 or major crimes as: , , rape, burglary, , 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. 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 . 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 . 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 4. relation 7. partner 9. dictator 2. scholar 5. leader 8. owner 10.author 3. citizen 6. friend

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 similar prepare organise careless present disagree popular invest willing require 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 , Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, , 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 )

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 11 Legal English I Unit 1 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 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 theft damages the accused to bring a case family law the defendant to bring an action intellectual property compensation to fine private individual contract crime to charge someone with something police plaintiff

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 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 respectful polite rational literate frequent lawful proportionate resistible liberal mature helpful

III Complete the table by giving the missing positive or negative forms of each adjective. Positive adjective Negative adjective applicable certain inconsistent appropriate illegal lawful invalid ambiguous relevant 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 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 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 a. They acted in a way which was answer. beyond their legitimate powers. b. An application for an injunction was 2. They have entered a caveat. 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 d. They have warned us they have an details of the case because it is interest in the case, so they will sub judice. need notice before we take any further steps. 5. An ex parte application was e. A committee was set up for the lodged at the court. 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 g. The case cannot be mentioned in the formed. 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)

a. thus (used as a word to indicate the original, 1. ad hoc 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………………… 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 prosecution hypocrisy legal judge abortion violation criminal state prison death penalty crime code of ethics gambling church morality 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.

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UNIT 3 ♦ Court system ♦ Court personnel ♦ Civil 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 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.

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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 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 , 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, , 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   Court of Appeal, ______Criminal Division  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 A) confirm a court decision magistrate B) a geographical division for legal purposes 2. lay magistrate C) to change a court decision to be the opposite of what it was 3. reverse D) a paid magistrate (appointed by the in UK) 4. uphold dealing with police cases 5. recorder E) part time judge with ten years standing as a barrister or solicitor 6. circuit F) unpaid and not legally trained magistrate who is an established 7. quorum member of the local community 8. appellant G) the smallest number of people who must be present at a meeting 9. claimant to allow official decisions to be made 10. petty crime H) someone who makes an official request for money from a 11. indictable government, insurance company etc offences 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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III Complete the table with the words from the text and related forms.

Verb Noun – event or action Noun – person Sit Sitting appeal hear try claim

IV Match the two parts of the sentences and complete the gaps with words from the table above. Pay attention to the grammatical context. There is more than one possibility for three of the gaps.

1. The ______courts can a. a court of first instance. 2. An appellant must get b. normally ______in the Crown Court. 3. In a civil action, a ______c. reverse or uphold decisions of lower who has suffered courts. 4. Magistrates generally d. harm or injury seeks a remedy. ______cases of petty crime as 5. Indictable offences are e. leave to ______before taking a case to a higher court.

Speaking

Draw a diagram of your court system and explain the court structure as if to a foreign client who is pursuing an action in your courts. Use your own language for the names of the courts but use English to describe their function.

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Vocabulary

I Fill in the gaps with the following words: County Court √ Court of Justice of the European Communities Magistrates Court Court of Appeal, Civil Division High Court House of Lords Crown Court Court of Appeal, Criminal Division

Claims of lesser value will start in a County Court. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters. Matters of important legal dispute arising in the Crown Court may be appealed to in the ______. From the Court of Appeal there can be appeal to the ______on the fact or law, but usually appeal is only allowed on matters of legal importance. If the case involves a serious crime, it is heard in the ______(there is only one ______but it has about 70 centres around the jurisdiction). In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400______. More substantial civil claims (over around £25,000) are heard in the ______. The ______was set up under the Treaty of Rome of 1957, by which the European Community was established. The court can overrule all other courts on matters of Community law. Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the ______.

II Now read the text about the American courts carefully and fill in the gaps with the words given below: plaintiff appellate merits court system cause of action civil frivolous dismiss appeal jurisdiction omissions submitting petition complaint

In order to read cases and decipher case histories, it is necessary to understand the general framework of the American ______. When a ______(the acts or ______necessary to trigger a ) occurs, the ______, or injured party files a ______(petition) with the court having ______over the matter. The ______requests a review of the facts by the court. Every plaintiff who follows the procedure for ______a petition receives his or her day in court regardless of the ______of his or her claim. However, trial judges may almost immediately ______cases they deem to be ______or the matter may be settled out of court prior to or even during the actual trial of the case itself. In a ______case, the losing party may ______at least once as the matter of right. The court that has power to hear that appeal is called the ______court.

The following chart will help you visualize how the cases move from court to court: Level 1 Level 2 Level 3 Trial Court→ Appellate→ Court of Last Resort State System: e.g. Circuit e.g. Court of Appeals of e.g., Supreme Court of Court of Shelby County, Tennessee Tennessee Tennessee Federal System: District Court U.S. Court of Appeals U.S. Supreme Court

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III Match each of the following types of court (1 – 9) with the explanation of what happens there (a – i)

1. appellate court (or court of a) This is where a person under age of appeals, appeals court) 18 would be tried. 2. crown court b) This is the court of primary jurisdiction, where a case is heard for the first time. 3. high court c) This is where small crimes are tried in the UK. 4. juvenile court d) This is where law students argue hypothetical cases. 5. lower court (or court of first e) This is where a case is reviewed instance) which has already been heard in a lower court. 6. magistrates’ court f) This is where cases involving a limited amount of money are handled. 7. moot court g) This is where serious criminal cases are heard by a judge and a jury in the UK. 8. small-claims court h) This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes. 9. tribunal i) This is usually the highest court in a jurisdiction, the court of last resort.

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Court Personnel

I Below are 10 people (or groups of people) who work in the different courts. Can you find them in the word square below?

C J U G U I O P P P P O M T H N O E U Z V U P L F T N P G L O M C V U Q J B L R E R N A S A D R T J U D G E N O C H I G E T Y T R B O C P S J U D I C I A R Y A S O Y E P L E S F L E S F T A R Y C M O L T A X R T E V B D A U A B A R R I S T E R G E L T T E R A A T H I L K G R G O A N O T H E T M P L O X C R A C L E R K M L O I R T U K C H Y H A N B C T P O L T Z X P L E P R E S I D E N T A

II Now complete the following text choosing from the words in the square.

The ______are perhaps the most prominent amongst those involved in running the court. The largest group of ______are ______, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of three (as a ‘______’). Magistrates sit with a legally qualified ______, who can advise on points of law. A case is presented by the ______, who takes over the case from the police who have already charged the defendant (or accused) with specified crimes.

In the upper courts, the judges are almost all former ______. But many cases are also heard by ______- part-time barristers from private practice. The Crown Court ______consists of 12 persons, aged 18 to 70.

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Typical Layout of the Criminal Court

I Look at the picture of the typical layout of the criminal Magistrates Court and fill in the gaps in the sentences

1. There are usually three ______. They will hear the case, make the decisions and issue the orders and directions 2. The court ______or legal adviser is primarily concerned with advising the magistrates on questions of law, legal procedure and practice but also often deals with procedural matters. The clerk will sometimes sit alone to determine directions. 3. ______play a crucial role in the criminal justice system. They are reporters of crime and providers of evidence. It is expected that there will be provision of witness care in most magistrates' courts within the next three years. 4. The ______is initiated by the Crown Prosecution Service 5. ______advocates represent the defendant, the defence may be a solicitor or barrister. Most solicitors are organised into firms, some of which are very large with the partners specialising in different areas of law. Barristers group together to form chambers, (ie rooms together). A lay client cannot instruct a barrister directly, but must go to a solicitor who instructs the barrister.

6. ______is where the defendant sits during court proceedings. However, to give evidence they go to the witness stand. The defendant is the person who is alleged to have committed a crime or broken the law. Usually they would be represented in court by a defence advocate but they can choose to represent themselves. 7. ______officers work in direct contact with offenders (and often their families) in order to reduce the likelihood of future offending and protect the public. They give comprehensive and researched advice about offenders to courts when magistrates are deciding a sentence and they supervise offenders on community sentences like probation orders or community service. 8. ______is present in the courtroom as well. Many local papers still report cases from their local magistrates' courts. 9. The ______shows people in and out of court and keeps things running smoothly. 10. Most court hearings are open to the ______with the exception of youth court and family proceeding matters. It is useful to telephone the court first to find out what courts are sitting on the day you wish to observe.

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Listening 3

Essential terms

Plaintiff: the aggrieved party who institutes a legal action Defendant: the party against whom the grievance is filed Appeal: a request by the losing party in a case to have a higher court review the application of law Appellant: the party appealing a lower court’s decision Appellee: the prevailing party in a lower court against whom the appellant seeks an appeal Jurisdiction: the area(s) over which a court has the power to hear cases and impose judgment Remand: an appellate court may send the case back to the lower court in certain circumstances for further action Trial court: the court having initial jurisdiction over a case, hearing both facts and law, and basing its decision on an application of the law to the facts Cause of action: the legal basis for a court case; facts that trigger the application of a particular law; cases are sometimes dismissed for failure to state a cause of action

I Listen to the following conversation on the tape twice. The first time, just listen. The second time, attempt to answer the following questions.

1. In which country is this conversation taking place? 2. What does “pulling someone out of fire” mean? 3. When Simone says “you might want to keep in mind”, what does she really mean? 4. Can you address the judge from your seat? 5. What do you call an American judge in the courtroom? 6. Is there a special term for attorneys? 7. Why Simone says, “Touché”? 8. Can you use “Ms.” for any American woman? 9. Why does Simone joke with Jens about the term high time?

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II Use the essential terms and the ones you learned from Jens and Simone to complete the memo we’ve started for you.

Memo Lee, Hall, and Hurley, P.C.

To: Jens Weihrauch From: Subject: Preliminary Information on the Hradec Case Date:

Simone Fort has asked me to explain the facts and issues of the Hradec case to you. Our client, Loretta Hradec, a well-known dancer, sued the privately funded Maly Ballet of Prague (hereinafter referred to as MBP) for breach of contract. As attorney for the ______, Ben Johnson attempted to show that MBP has breached the contract signed in New York by not paying Ms. Hradec following her car accident in which she broke her left arm. MBP maintained that it could not be sued in the U.S. since Ms. Hradec was to have performed in MBP’s home theatre in Prague, the Czech Republic. The ______court, mistakenly interpreting this case as falling under the Foreign Sovereign Immunities Act, found for the ______. Ms. Hradec has chosen to ______the decision. At that point Ms. Fort was given responsibility for the ______. As attorney for the ______, Ms. Fort must file an ______brief outlining the grounds for the ______. Ms. Fort feels that our strongest grounds for reversal is the jurisdictional issue: Were there sufficient minimal contacts within the United States to grant the court ______? As a jurisdictional expert, you will prove invaluable in convincing the appeals court to ______the case to the lower court for a reevaluation of the jurisdictional issue.

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READING

Group A

Read the text about the civil procedure in England and Wales and do he exercises that follow.

CIVIL PROCEDURE

Civil Procedure Rules

All cases concerning goods, property, debt repayment, breach of contract (with some exceptions such as insolvency proceedings and non- contentious litigation), are subject to . The Rules, which came into force in 1999 in England and Wales, made radical changes to civil process in the County Court and the High Court.

The judge performs the role of case manager. The court sets a timetable for litigation, with the parties being under an obligation to the court to adhere to timescales which control the progress of the case. Procedure rules are supplemented by detailed instructions made by the judge which support the rules, known as practice directions.

Proceeding with a claim

Most claims are initiated by the use of a claim form, which functions as a summons. The claim form can be used for different types of claim, for example for specified or unspecified monetary sums, or for the claimant to ask the court to make an order. Once a claim has been issued, a copy is served on, that is, delivered to, the defendant with a response pack inviting them to either admit the claim, using a form of admission, or to defend it, using a form of defence. The response pack also contains an acknowledgement of service form to confirm receipt of the claim, and a counterclaim form for the defendant to use if they wish to claim against the claimant. A defendant must respond within 14 days of service of the particulars of the claim. If the defendant does not respond, judgment may be given in favour of the claimant. The defendant may be able to get a time extension for filing a reply on defence by using the part of the acknowledgement of service form which states an to defend the claim.

Cases are allocated to a regime or track by a procedural judge according to their monetary value. Claims of £5,000 or less are allocated to a small claims track while claims of up to £15,000 are allocated to a fast track.

45 Legal English I Unit 3

More complex claims with a greater value are allocated to a multi track regime. Fast track directions might include disclosure, where the claimant tells the defence of any relevant documents in their possession. This is followed by inspection, initiated by a written request by the claimant to look at relevant documents held by the defence, and an exchange of witness statements. The multi track regime is intended to be flexible and does not have a standard procedure. In all regimes, parties are encouraged to settle their differences and for this purpose a stay in proceedings, that is, a temporary halt, may be agreed. Case management conferences are often conducted by telephone and give parties the opportunity to review the process and make decisions. If a defendant is ordered to pay by a judge and fails to do so, the claimant can enforce the judgment in the Magistrates’ Court.

Complete the definitions on the basis of the text you read.

1. ______- the process by which a claimant may look at written evidence held by the defence. 2. ______- the document in which the defendant makes a claim against the claimant. 3. ______- the document in which the defendant agrees to the claim made by the claimant. 4. ______- the document starting a claim proceedings. 5. ______- the process by which the claimant is required to inform the defendant of documents they hold relevant to the claim. 6. ______- the document giving evidence by someone who saw or heard something critical to the case. 7. ______- the instructions given by a judge on how procedures should be carried out in a case.

Make word combinations using a word from each box. Then use the appropriate word combinations and information in the text to answer the questions. admit a timetable agree to a stay allocate to a claim enforce the process file the judgment issue a claim review a claim on serve a regime set differences settle a reply

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1. How does a claim proceeding start? 2. What must a defendant do when he or she has been served with a claim? 3. If both parties want time to try to settle the dispute out of court, what should they ask the court to do? 4. What is the purpose of a case management conference? 5. If a defendant is ordered to pay a claimant’s costs but does not, what action can the claimant take?

Describe the process of a civil claim in your legal system as if to a client from a different system who wants to initiate a claim. Use an example, if possible.

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Group B

Read the text about the criminal procedure in England and Wales and do he exercises that follow.

CRIMINAL PROCEDURE

CRIMINAL JUSTICE

The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) – the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or to take no further action. Criminal proceedings can be initiated either by the serving of summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court. Lawyers from CPS may act as public prosecutors. The Criminal Defence Service provides legal aid, which funds the services of an independent duty solicitor who represents the accused in the police station and in court. However, at the end of a Crown Court case the judge has the power to order the defendant to pay some or all of the defence costs.

Categories of criminal offences

There are three categories of criminal offence. Summary offences, tried without a jury, are minor crimes only triable in the Magistrates’ Courts. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by the facts, is called the . A case which can be heard in either the Magistrates’ Couurt or the Crown Court, such as theft or burglary, is triable either way. If the defendant pleads guilty, the Magistrates’ Court can either proceed to sentence or commit to the Crown Court for sentence, where more severe penalties are available. If there is a not guilty plea, the court can decide the mode of trial. The person charged may request a trial by jury. If granted, such trials take place in the Crown Court.

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Criminal court proceedings The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the crown Court there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence or material relevant to the case, for example details of any alibis – people who can provide proof of the accused’s whereabouts at the time of the crime - or witness – people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court’s verdict is not guilty, then the defendant is acquired.

Complete the definitions

1. a ______- a court document authorizing the police to detain someone. 2. an ______- a written statement with details of the crimes someone is charged with 3. a ______- a formal order to attend court

Make word combinations using the words from the box. Then use appropriate word combinations to complete the sentences below.

Criminal Doubt sentence Indictable Guilty Proceedings Prospect Severe reasonable Costs offences Plea Defence reduced Penalties realistic

1. The Crown Prosecutor considers whether there’s sufficient evidence to provide a ______of conviction. 2. There should be no conviction without proof beyond ______. 3. The Crown Court always hears ______such as manslaughter. 4. In sentencing serious crimes, courts can impose ______. 5. At the end of a trial, a defendant may be ordered to pay a contribution towards ______.

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Replace the underlined words and phrases with alternative words and phrases from the text above. Pay attention to the grammatical context. There is more than one possibility for one of the answers.

a) Bail may be refused and the defendant may be (1) held in police custody. b) Alternatively, the defendant may be (2) found not guilty by the court and discharged. c) Once proceedings have been initiated, the defendant (3) comes before the court. d) The police formally (4) accuse the suspect in the police station. e) If the offender pleads guilty in the Magistrates’ Court, the court imposes a (5) punishment. f) The police investigate a serious offence and (6) arrest a suspect. g) The suspect may ask for (7) release from custody before the trial.

Put the above sentences into the correct order chronologically. Look the text above to help you. The first stage is f.

Describe the process of a criminal trial in your legal system as if to a client from a different system.

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CIVIL LAW

Listening 4

I Listen to a lawyer telling a client about some of the documents involved in his case and answer these questions.

1. What claim has been filed against the client? 2. Will the case go on trial?

II Match these documents (1-9) with their definitions (a-j)

1. affidavit a) a document informing someone that they will be involved in a legal process and instructing them what they must do 2. answer b) a document or set of documents containing the details about a court case 3. brief c) a document providing notification of a fact, claim or proceeding 4. complaint d) a formal written statement setting forth the cause of action or the defence in a case 5. injunction e) a written statement that somebody makes after they have sworn officially to tell the truth, which might be used as proof in court 6. motion f) an application to a court to obtain an order, ruling or decision 7. notice g) an official order from a court for a person to stop doing something 8. pleading h) in civil law, the first pleading filed on behalf of a plaintiff, which initiates a lawsuit, setting forth the facts on which the claim is based 9. writ i) the principal pleading by the defendant in response to a complaint

III Listen again and tick the documents that the lawyer mentions.

1. answer 2. affidavit 3. brief 4. complaint 5. injunction 6. motion 7. notice 8. pleading 9. writ

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IV Match each verb used by the lawyer (1–5) with its definition (a–e)

1 to draft a document a) to deliver a legal document to someone, demanding that they go to a court of law or that they obey an order 2 to issue a document b) to produce a piece of writing or a plan that your intend to change later 3 to file a document c) to deliver a document formally for a with an authority decision to be made by others 4 to serve a document d) to officially record something, especially on someone (or to in a court of law serve someone with e) to produce something official a document) 5 to submit a document to an authority

V Decide which of the nouns in exercise II can go with these verbs. The first one has been done for you.

1. draft an answer, a brief, a complaint, a motion, a pleading 2. issue 3. file (with) 4. serve (on someone) 5. submit

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LISTENING 5

JURISDICTION

Civil procedure deals with the rules, methods and practice used in taking a civil (as opposed to criminal) case or action through the courts. Each court system has its own civil procedure. The United States has separate court system for each state and the federal government. This means there are over fifty-one different court systems in the United States even if we don't take into account special courts such as the U.S. Claims Court. The state systems and the federal systems are separate but related.

Essential terms: jurisdiction: the power of a court to hear and decide a case original: the first court to hear the case; decides facts and law appellate: a court that hears a case if a party is unsatisfied with the original decision subject matter: power over the particular issue in the case concurrent: both state and federal courts have original jurisdiction to hear the case exclusive: either the federal or state court has sole power to hear the case personal: in personam – power over the parties in the case venue: the geographic location of the actual trial of the case pleadings: the statements filed in court that detail plaintiff’s and defendant’s cases complaint: the statement filed by the plaintiff stating the cause of action answer: the response filed by the defendant listing defenses to the complaint demurrer: a statement by the defendant attacking the legal sufficiency of the plaintiff’s complaint discovery: the process of obtaining information about the other party’s case prior to the actual trial

53 Legal English I Unit 3

Listen to the following conversation on the tape between a man and his lawyer. After you hear the recorded conversation, answer the following questions: 1. Why is Adam calling his lawyer? 2. What happened to the last case the neighbor began? 3. In which state is the conversation taking place? 4. Did the neighbor ask for a change of venue? 5. What might have been a reason for a change of venue? 6. For what reason does the attorney think the case may be dismissed? 7. How will the attorney see what new information the neighbor may have? 8. How did Adam hear the news about the new lawsuit? 9. How will Dawn get Adam’s papers? 10. When should Adam call the lawyer again?

Speaking

Subject matter jurisdiction

Attorneys must be able to determine which court has the power to decide the matter that their clients have entrusted them to handle. In other words, the first decision an attorney must make prior to filing a complaint is to decide which court has subject matter jurisdiction. This might simply refer to the subject matter of the case, such as or . However, subject matter jurisdiction also relates to the question of exclusive or concurrent jurisdiction of state and federal courts.

In diversity of citizenship (citizens of different states or even another country) cases, either a state court or the federal court has the power to hear the case. The following table provides a few examples of the subject matter jurisdiction of state and federal courts.

Exclusive Federal Concurrent Exclusive State (federal and state) bankruptcy federal questions Probate patents and copyright diversity of citizenship Divorce suits against the United States

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Working in pairs, read the following scenarios and decide which courts would have subject matter jurisdiction over your case.

1. Your client, Sue Little, feels that portions of her book were used in a television program without the producers of the program first obtaining her permission to use the material. 2. Mr. Marvin, a resident of Ohio, and your client, Ms. Ching, a resident of Massachusetts, were involved in an automobile accident in Ohio. Mr. Marvin is suing Mr. Ching for $76,000. 3. Mr. Forster wants to divorce his wife, Margaret Forster-Simms. Ms. Forster-Simms is your client. Both parties are residents of Illinois. 4. Your client is executrix (a female administrator) of the of her mother who has just died. The mother died in a nursing home in Olympia, Washington. Your client is a resident of Seattle, Washington. 5. Mr. Batson, a resident of Massachusetts, has been injured by a product manufactured by your client’s company, which is incorporated and has its principal place of business in Munich, Germany.

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CRIMINAL LAW

SPEAKING

People around the world have a peculiar fascination with law as it relates to crimes and the criminals who commit them. Open any U.S. newspaper or turn on the television news any day of the year, and no doubt a story involving a crime will be discussed. In law we should only be concerned with legal responsibility for the crime, but moral issues will always play a role in the development of the law (as in legalization of abortion) and defenses to the commission of a crime (such as mental incapacity). How do we reconcile the moral and legal issues involved in the commission of a crime?

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

Jean’s Death

Around 5 pm one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every ½ hours. At 11 pm the bar owner refused to serve Jack any more drinks because he was obviously extremely intoxicated and bothering other customers. Gail was used to Jack’s behaviour and never asked her husband to quit drinking. “Are you driving him home or should I call a taxi?” the bar woner asked Gail. Jack shouted, “Get out of my face! I’m driving home and neither of you can stop me!” Jack then shoved the owner aside and walked out the door. The owner just shrugged and walked off. Gail went to pay phone in the corner to call her sister for a ride. As Jack left the bar a man walking by the bar shouted to him, “Hey Buddy, call a taxi!” When Jack drove off, the man simply shook his head and walked down the street. Meanwhile, Jean and Carl were having a lovers’ quarrel on the next corner. The quarrel soon escalated into a major fight, and Carl struck Jean, saying, “Don’t ever tell me not to touch you again. I’ll show you who’s boss here.” At that point, Jean, crying hysterically and paying no attention at all to the traffic, ran into the street directly in front of Jack’s car. Jack was not able to stop in time, and Jean was killed instantly.

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There are six characters in this story.

The Bar Owner Carl Jack Jean Gail Man leaving the bar

II Divide into groups. In your group discuss and rank the characters from 1 to 6 (1 being the most and 6 the least responsible) in the order of their moral responsibility for Jean’s death. You must reach a unanimous decision within your group. Present the arguments for your decision to the rest of the class.

III In the same groups determine if the party you found morally responsible for Jean’s death could also be found legally responsible from the aspect of criminal law.

Have in mind that in order to find someone guilty of a crime, the prosecution has to prove the defendant guilty of all elements of the crime (as defined by statute or at common law) beyond a reasonable doubt. The essential elements of all crimes are , and .

The following terms might help you:

Culpability: blameworthiness; requires showing that a person acted purposely, knowingly, recklessly, or negligently (a requirement of the Model Penal Code (MPC) – a sample criminal code sponsored by the American Law Institute and approved in 1962; has been adopted in whole or in part in most U.S. states) Purposely – conscious desire to engage in the conduct or desire to cause the result Knowingly – person is aware of his or her conduct and is aware that his or her conduct is practically certain to cause the result that it did. Recklessly – person must be aware of a substantial and unjustifiable risk that he or she consciously disregards Negligently – person should be aware of a substantial and unjustifiable risk that a reasonable person would have perceived in the circumstances Mens rea: the mental state - the intent Actus rea: the act – a wrongdoing that can be an act or an Causation: the act (actus reus) is the cause of (related to) the harm done : the union of the mental state and the act Standard of proof: the level of evidence that must be presented at trial to establish guilt of the defendant. There are two levels. Beyond a reasonable doubt: the fact proven at trial MUST establish guilt Preponderance of evidence: the evidence offered at trial must show that the issue that is to be proved is more probable than not

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vocabulary

CRIMINAL OFFENCES

Not all crimes in the US legal system are equal and therefore punishments vary, the degree of the seriousness of a crime determines its category, which in turn determines the punishment that can be imposed.

Misdemeanors constitute a minor class of offenses that are punishable by a fine or imprisonment for up to one year. Examples of misdemeanors are disturbing the peace (an act that interrupts the peace of an area) or reckless driving (poor driving that endangers others). Some states further divide misdemeanors into classes based on the level of punishment imposed for the offense.

Petty offenses are often considered a subset of misdemeanors and are the lowest classification of crimes. Examples include parking tickets or violations of building codes. Depending on the state law, punishment can be a fine (monetary payment), imprisonment in the county jail (local jail for minor offenders or for holding convicted felons, people who have been found guilty of a more serious crime, prior to transport to another prison) or both, depending upon state law.

A felony is any crime that is punishable by death or imprisonment in a state or federal penitentiary (prison for felons) for more than one year.

I Classify the following offenses according to the system in the United States:

a. jaywalking (crossing a street at a place other than the marked crosswalk b. truancy (skipping school) c. disturbing the peace d. drunk driving e. murder f. theft

II How do you think the offenses from exercise I would be classified in your system?

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III Study the words in the box. Use your dictionary to check the meaning:

Abolition homicide involuntary justifiable manslaughter murder perpetrator recklessly

IV Read the following text about murder in English law:

Murder

In English law, murder is considered the most serious form of homicide. For the crime of murder to be proved, the perpetrator must have intended to kill, or intended to cause serious injury where death is virtually certain to result. Following the abolition of the death penalty in 1965, the mandatory sentence for murder is . There are a number of defences to a charge of murder, which can be termed mitigating circumstances. These include self-defence and provocation. There is also the defence of diminished responsibility which refers to othe mental state of the accused at the time of the killing. A successful defence could lead to conviction on the lesser charge of manslaughter.

V Look at the pictures on the next page and for each picture, talk about how you think the homicide occurred and what defence, if any, the perpetrator may have.

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VI Read the text about the definition of the offence of homicide in England and Wales and discuss differences and similarities with the definition of the offence of homicide in your country.

Definition of the offence of homicide

In England and Wales, ‘homicide’ includes the offences of murder, manslaughter and . In Scotland, ‘homicide’ includes murder and the offence of culpable homicide, which is the equivalent of manslaughter. Offences of causing death by dangerous or careless driving while under the influence of drink or drugs, or following aggravated vehicle taking are generally not included in homicide statistics. The offences of murder and manslaughter are common law offences, without origin in statute. However, the definition and sentencing of these offences have been modified by legislation, which affects the statistics. Manslaughter in England and Wales is the of someone without any malice being expressed or implied. The introduced the concept of conviction for manslaughter while accepting diminished responsibility, so-called 'section 2' manslaughter. This defence has largely come to replace findings of insanity. The 1957 Act also altered the sentencing of murder by abolishing the death penalty, which until then followed any conviction for murder with the exceptions of young offenders, pregnant women, or those to whom the Royal Prerogative of Mercy was extended. For non- the punishment became life imprisonment. The death penalty was retained however for capital murder2, and for those convicted of murder on a previous occasion, or convicted on the same indictment to two or more done on different occasions. This remained the situation until 1965, when the Murder (Abolition of Death Penalty) Act abolished , making life imprisonment mandatory for all adult offenders. In Northern Ireland, capital punishment for murder was abolished from 1973 by the Northern Ireland (Emergency Provisions) Act 1973. In Scotland, where the offence of common law culpable homicide replaces that of manslaughter, there has always been a concept of diminished responsibility. Thus the Scottish statistics do not show a split in manslaughter offences after 1957.

VII Use all the information you learned to prepare a mock trial. Your teacher will give you further instructions

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LEGALESE

Older words and modern equivalents

A number of linking terms are used in older written legal texts (case reports, legislation, court documentation, contracts, etc.) to refer to other parts of the same text, to different legal documents, or to related contexts.

the aforementioned/the set out above/written above foregoing the undermentioned set out below/written below hereafter after this hereby in this way/by this herein in this (document) hereof of this hereto to this herewith with this notwithstanding despite thereafter after that thereby in that way/by that therein in that (document) thereof of that thereto to that therewith with that

I Match these words beginning with there (1 – 6) with their equivalents (a-f).

1 thereto A of it/them 2 thereon B on it/them 3 thereof C to it/that 4 therewith D for it/that 5 therefor E with that 6 therein F in or into a particular place or thing

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II Complete the sentences below using the words in the box

Therewith thereof (x2) therefore therein thereon thereto

1. Each partner shall maintain both an individual drawing account and an individual capital account; into the capital account shall be placed that partner’s initial capitalization and any increases ______. 2. Every issuer must comply in all respects with the provisions, including all filing and notice deadlines ______. 3. Her experience in corporate finance includes representing banks and other financial institutions in numerous secured financings, including drafting and negotiating credit agreements and security documents in connection ______. 4. The Chair of the Committee shall, in consultation with the other members of the Committee and appropriate officers of the Company, be responsible for calling meetings of the Committee, establishing the agenda ______, and supervising the conduct ______. 5. The circular prescribes requirements for the accounting and reporting of interest on loans and other interest-bearing assets and for the capitalization of interest ______. 6. The memorandum of the company, together with a translation ______, if any, certified and translated as prescribed in regulation 4, shall be lodged with the Register.

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Writing

Introduction to essay writing

THESIS STATEMENT Compose a Thesis Statement

When you have decided, at least tentatively, what information you plan to present in your essay, you are ready to write your thesis statement. The thesis statement tells the reader what the essay will be about, and what point you, the author, will be making. You know what the essay will be about. That was your topic. Now you must look at your outline or diagram and decide what point you will be making. What do the main ideas and supporting ideas that you listed say about your topic?

Your thesis statement will have two parts:

 The first part states the topic.  The second part states the point of the essay.

Why Should Your Essay Contain A Thesis Statement?  to test your ideas by distilling them into a sentence or two  to better organize and develop your argument  to provide your reader with a "guide" to your argument

In general, your thesis statement will accomplish these goals !!! if you think of the thesis as the answer to the question your paper explores.

Characteristics of a strong thesis

1. A strong thesis takes some sort of stand.

 your thesis needs to show your conclusions about a subject. For example, if you are writing a paper for a class on fitness, you might be asked to choose a popular weight-loss product to evaluate. Here are two thesis statements: There are some negative and positive aspects to the Banana Herb Tea Supplement. This is a weak thesis. First, it fails to take a stand. Second, the phrase "negative and positive" aspects" are vague.

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Because Banana Herb Tea Supplement promotes rapid weight loss that results in the loss of muscle and lean body mass, it poses a potential danger to customers.

This is a strong thesis because it takes a stand.

2. A strong thesis justifies discussion.

 your thesis should indicate the point of the discussion. If your assignment is to write a paper on kinship systems, using your own family as an example, you might come up with either of these two thesis statements:

My family is an extended family.

This is a weak thesis because it states an observation. Your reader won't be able to tell the point of the statement, and will probably stop reading.

While most American families would view consanguineal marriage as a threat to the nuclear family structure, many Iranian families, like my own, believe that these marriages help reinforce kinship ties in an extended family.

This is a strong thesis because it shows how your experience contradicts a widely accepted view. A good strategy for creating a strong thesis is to show that the topic is controversial. Readers will be interested in reading the rest of the essay to see how you support your point.

3. A strong thesis expresses one main idea.

 Readers need to be able to see that your paper has one main point. If your thesis expresses more than one idea, then you might confuse your readers about the subject of your paper. For example:

Companies need to exploit the marketing potential of the Internet, and web pages can provide both advertising and customer support.

This is a weak thesis statement because the reader can't decide whether the paper is about marketing on the Internet or web pages. To revise the thesis, the relationship between the two ideas needs to become clearer. One way to revise the thesis would be to write:

Because the Internet is filled with tremendous marketing potential, companies should exploit this potential by using web pages that offer both advertising and customer support.

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This is a strong thesis because it shows that the two ideas are related. Hint: a great many clear and engaging thesis statements contain words like "because," "since," "so," "although," "unless," and "however."

4. A strong thesis statement is specific.

 A thesis statement should show exactly what your paper will be about, and will help you keep your paper to a manageable topic.

For example, if you write a paper on hunger, you might say:

World hunger has many causes and effects.

This is a weak thesis statement for two major reasons. First, "world hunger" can't be discussed thoroughly in five or ten pages. Second, "many causes and effects" is vague. You should be able to identify specific causes and effects. A revised thesis might look like this:

Hunger persists in Appalachia because jobs are scarce and farming in the infertile soil is rarely profitable.

This is a strong thesis because it narrows the subject to a more specific and manageable topic and it also identifies the specific causes for the existence of hunger.

Exercise:

I. Work in pairs. Use the techniques for exploring ideas you used in the earlier to explore 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. After you have explored ideas write a strong thesis statement for each of them. Share the thesis statements with the rest of the class.

III. Discuss with the rest of the class why some of the thesis statements written in the class are weak and some strong.

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UNIT 4 ♦ Legal Professions ♦ A Carrier in Law ♦ Solicitor/Barristers/Judges ♦ Recruitment ♦ Adjectives and Adverbs ♦ Essay Writing - Introduction

LEGAL PROFESSIONS

KEY VOCABULARY

Every legal system needs professionals to provide legal services. These systems are organized in many different ways. In England this work is carried out by two groups of professionals – solicitors and barristers. Solicitors are general practitioners of the law. They conduct legal negotiations for their clients, prepare cases for trial and draw up will and other formal documents with legal effect. Solicitors may appear in lower courts. Barristers are specialists who plead cases in superior courts and in most trials in criminal cases of indictment. All barristers wear traditional wigs and gowns in court.

Judges are appointed by or on behalf of Her Majesty the Queen from experienced barristers. They are not subject to ministerial direction or control and they are to maintain independence and an impartial approach to cases. Judges must retire at the age of 70. A judge of the Supreme Court can be revoked in very special circumstances for misconduct and on a petition from the both Houses of Parliament.

One of the unusual features of the English legal system is the use of lay – not legally qualified – magistrates. The majority of criminal cases – 95% - in England are heard in the magistrates courts. The system is long established and popular.

DISCUSSION

Discuss the following questions in the class:

1. Is legal system in your country similar to the English legal system? 2. How many types of legal professions can you remember exist in your country? 3. How are judges appointed in your country? 4. What type of legal professional would you like to become? Why?

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A CAREER IN THE LAW

Listening 6

Several different words can be used to refer to a lawyer. Listen to three law students in the UK talking about the kind of work they would like to do when they have completed their law studies. Write the correct word for lawyer in the gaps.

Anna: So, what are you two planning to do later, when you’ve completed your degree? Daniel: Well, right now, I’m planning to become a ______, because I’d really like to plead cases in court. Anna: You’ve been watching too many of those American films, when the handsome young ______wins the case against the big, bad corporation! Daniel: Very funny, I just like the idea of arguing a case. I think it’d be exciting. What about you? Anna: Actually, I’d like to work for a big corporation and advise them on their legal affairs, as ______. I’ve heard the work can be very challenging. What are your plans, Jacob? Jacob: I’m thinking about becoming a ______. I’m not that interested in pleading cases in court. I’d rather do research and give legal advice – I think that’d suit me better.

Discussion

1. Does your native language have more than one word for lawyer? Do they correspond to the different English words for lawyer mentioned above? If not, how do the concepts differ? 2. What is each type of legal practitioner in your jurisdiction entitled to do? 3. What English term do you use to describe your job or the job you would like to do?

Vocabulary

I Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun.

Cases clients contracts corporations decisions Disputes defendants Law Legislation

1. advise 2. draft 3. litigate 4. practice 5. represent 6. research

II Choose three verb + noun pairs from above and write sentences using them.

III Choose the words from the box which can be combined with the word lawyer to describe different types of lawyer. Say what each one does.

Bar corporate defence government Patent practitioner Public-sector sole Tax trial

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LISTENING 7

Listen to five lawyers talking about their firms, practice areas and clients. Tick the information you hear about each speaker.

Speaker 1

1. has a few years working experience 2. works as a clerk at a mid-size commercial law firm 3. will get to know other departments of the firm 4. meets with clients regularly 5. plans to specialize in commercial litigation

Speaker 2

1. is a sole practitioner 2. works in the area of employment law 3. deals with wage disputes 4. represents clients in mediation 5. has many clients who are small businesses

Speaker 3

1. works in the area of secured transactions 2. carries out trade-mark registrations 3. assists clients who are in artistic professions 4. serves as an expert witness in court 5. is a partner in a large IP firm

Sepaker 4

1. is a senior partner in a mid-size law firm 2. specializes in competition law 3. represents clients before the employment tribunal 4. deals with infringements of the Competition Act 5. has clients in the telecommunications sector

Speaker 5

1. owns shares in his firm 2. argues cases in court. 3. works in the area of real property law 4. represents landlords but not tenants 5. teaches courses on litigation at the law university.

Discussion

1. What kind of firm would you like to work in? 2. Which areas of the law would you like to specialise in?

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READING AND SPEAKING

GROUP WORK Divide into four groups. Read the text your teacher gives you and do the exercises that follow.

GROUP A

SOLICITORS

Legal practitioners

Lawyers in the United Kingdom jurisdictions generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. They can each do advocacy, draft legal documents and give written advice, but solicitors, unlike barristers, cannot appear in every court.

Traditionally, solicitors undertake work such as conveyancing, and drawing up contracts and wills. Barristers spend more time in court and have a right of audience in the higher courts. Unlike solicitors, barristers cannot usually be employed directly by clients but are instructed by solicitors. Solicitors normally form partnerships with other solicitors and work in offices with support staff. The qualification and practice of solicitors are regulated by the Law Society.

Training

Sami, a 25 year-old graduate, is talking about his experience as a trainee:

“My first degree was in engineering at Manchester University. Then I did two one- year law courses. The first led to the Common Professional Examination, or CPE; the second was the . I had a vacation placement at Applewood Branston, who offered me a two-year traineeship. They have a six seat system, which is quite common. Trainees spend time attached to different law departments, which suits me as I get a basic grounding in the main departments of the firm, helping me find which area of the law I’d like to specialize in. I can work in four or more different areas of law for four months at a time and then decide on a specialism later in the . In my third seat, in Corporate Finance, I’ve learnt a lot from being on secondment with a client and got excellent back up from my seat supervisor, that is, supervising partner. It was good to put the professional skills training into practice straight away.”

A partner in a law firm

Helene, from Monaco, is an avocat admitted to the Paris Bar – the professional association for lawyers. She graduated with a Bachelor of Law (LLB) in Paris and obtained a Master’s Degree (LLM) in European Law from University College, London. She is a graduate of the Paris Institut d’Etudes Politiques.

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“I joined Applewood Branston two years ago and was promoted to partner in the corporate and banking team in Paris. Before that I worked for twelve years for other leading international law firms. I’ve got extensive experience of privatizations, mergers and acquisitions, and I advise investment banks and corporates.”

I A potential Montenegrin client is talking to an English solicitor. Complete the solicitor’s statements (1-3). Look at the first paragraph of the above text to help you. There is more than one possibility for one of the answers.

1. Client: I am looking for a lawyer to help me buy some land for a business. Solicitor: My firm undertakes a lot of ______. We could advise you and help to ______contracts. 2. Client: We’ve had some trouble i the past with getting large invoices paid. Solicitor: We can do ______. If your case goes to court, we have ______and I can ______in the lower courts. 3. Client: Can you appear in the Appeal Court? Solicitor: No, I’m a ______but my firm would instruct a ______if a case were to go to the Appeal Court.

II Complete the table with words from the text above and related forms. The first one has been done for you.

Verb Noun Noun – person partner Partnership partner trainee advise Practice Specialize

III Ana Garcia is talking about her career. Complete what she says with words from the table above and the text you read. There is more than one possibility for one of the answers.

I am an abogada, a lawyer in Spain. I obtained my law ______in Barcelona. In the summers, as a student, I did a vacation ______in my uncle’s law ______. I ______from university six years ago. Because my English and French are good I got a ______to the New York office of my firm. While I was there I was ______by the mergers and acquisitions team. I’ve always enjoyed working with large companies so now I want to ______in ______.

IV Make a presentation for the rest of the class based on the text you read.

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GROUP B

BARRISTERS

Sylvia Garrison, a practicing barrister, is describing the training and organization of the profession.

“There are currently around 9,000 barristers in practice in England and Wales. Unlike solicitors, barristers can’t form partnerships but must act as sole traders with unlimited liability. Some barristers are in employed practice and may only represent their employer, for example as in-house counsel or in government departments like the Crown Prosecution Service. Many work independently in self-employed practice in groups called chambers or sets and practice at the Bar as a barrister. Chambers are traditionally located in the four Inns of Court in London – Gray’s Inn, Lincoln’s Inn, Middle Temple and Inner Temple – and are also located in the UK regions, known as circuits. The Inns are principally non-academic societies, which provide collegiate and educational resources for barristers and trainees. Members of chambers, known as tenants, share common expenses and support services, which are administered by an administrative manager known as the Clerk, along with ancillary staff such as secretaries.

A barrister’s main work is to provide representation in the courts, where they are referred to as counsel, to draft documents associated with court procedure, and to give opinions, that is, specialist legal advice. They are normally instructed by solicitors or other recognized professionals, such as patent agents or Legal Advice Centres, on behalf of lay clients. As the law has become more complex, barristers increasingly specialize in particular areas, such as personal injury, crime, family or commercial law. A number of Specialist Bar Associations, also known as SBAs, support and represent members. Barristers are governed by the General Council of the Bar, known as the Bar Council, and the Inns of Court.”

Training and qualifications of practicing barristers

“Intending barristers need a qualifying law degree, for example a Bachelor of Laws, also known as LLB. However, many students graduate in a non-law subject and undertake a one year conversion course known as a postgraduate Diploma in Law, or GDL. The student barrister then applies to join one of the Inns of Court to study for the Bar Vocational Course, or BVC. It’s also mandatory for students to keep terms, which means dining at their Inn a fixed number of times, before they can be called to the Bar, that is, qualify as a barrister. Then the new barrister faces intense competition to obtain a funded pupilage in chambers for twelve months in order to get practical training. All applicants are advised first to do a mini- pupilage of one or two weeks to get some insight into what being a pupil is like. , known as in Scotland, is divided into two parts – a non-practising six months when pupils shadow their pupil master, an experienced barrister, by observing professional activities, and the second, practicing six months when pupils, with their supervisor’s permission, can undertake to supply legal services and exercise rights of audience, in other words, speak in court. To gain a Full Qualification Certificate pupils must learn the rules of conduct and etiquette at the Bar, learn to prepare and present a case competently, learn to draft pleadings and opinions, have advocacy training, and pass a forensic accountancy course which covers the use of financial information in litigation. If successful at the end of the twelve months, the qualified barrister applies for tenancy in chambers. When a junior barrister has practiced at the Bar for 10 to 15 years, it’s possible to apply to be, or Queen’s Counsel (QC), whose work concentrates on court appearances, advocacy and opinions.”

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I. Match the two parts of the definitions. Look at the text above to help you.

1. Someone who works for his or a. provide representation herself is 2. If you speak on behalf of clients b. lay clients. in your court, you 3. Non-professional clients are c. self-employed/ a sole trader. known as 4. Barristers working solely for a d. instructed. company are called 5. The governing authorities of e. in-house counsel. barristers are 6. When a solicitor gives a barrister f. practice at the Bar. the details of a case, the barrister is 7. When you work as a barrister you g. the Bar Council and the Inns of Court.

II. Complete the extracts from a trainee barrister describing her professional life. Look at text above to help you. There is more than one possibility for two of the answers.

I took a first degree in Modern History, then did the ______in law at City University, which was much harder. I then did the ______at the Inns of Court School. Most days I’d expect to be present in ______from about 8.45 am to 7.00 pm, working almost throughout in my ______’s room. During that time I ______his professional life completely.

I generally look at papers when they first come in. I’m expected to be able to suggest how the case might be approached. In a week I might draft a ______, prepare notes for a conference with clients, comment on draft witness statements, and research legal points.

Although all ______are for twelve months, if they think you have no prospects of finding a ______in chambers, after six months you would be told discreetly. Chambers runs ______training evenings to reduce the loss of opportunities to ______in court. When I’ve practiced for more than ten years, I’d be interested in being appointed as a ______, with a specialist area such as employment law.

IV Make a presentation for the rest of the class based on the text you read.

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GROUP C

WORKING LIVES

A company commercial lawyer

Sophie Brettle is talking about her work at Melton Deans.

“I’m a partner in a medium-sized regional law firm, working within the Company Commercial Department. I head up a team of eight, comprising six lawyers and two paralegals – legal researchers – undertaking projects work for Public Sector clients. Our main client is a Government Department. We’re instructed by them to advise and act on Private Finance Initiative Propjects, also known as PFI. This involves negotiating with a number of other parties comprising the funders, the building contractors, and facilities management and ensuring that the client’s aims and objectives are met and their best interest protected.

A significant proportion of my time is spent in all parties meetings. As these transactions are complex, and the meetings are attended by all sides and their legal advisers, I have to make sure comprehensive notes are taken by an assistant solicitor. Following a meeting, documents reflecting the terms agreed are prepared and circulated for approval.

Within the practice, I’m a member of the Executive Committee and have responsibility for aspects of financial management within the department. I also deal with recruitment, training, and development within the department. During a working day as a fee earner, I have to combine my chargeable work for clients with administrative duties.”

A legal secretary

An assistant solicitor is instructing Marie Lapotaire, the Commercial Department’s legal secretary:

Solicitor: I’ve just sent you some sound files with the minutes on from yesterday’s meeting. Is there any way you can type those up before anything else? I know you’ve got a substantial amount of work at the moment. Marie: No problem. Do you want me to circulate them by email as soon as I’ve finished, get a hard copy and put it on the file? Solicitor: Please. I am going to be running between meeting for a large part of the day but if I get a minute, I’ll have a quick look at the hard copy and mark it up with any changes. Don’t wait for me to do that before getting the draft out – there are action points that the paralegals need to be getting on with. Marie: Fine, I’ll copy everyone in. Anything else? I’ve put all the documentation for Project Angel on your desk. I don’t know if it’s ready to go out yet? Solicitor: I saw that, thanks. No, I need to make sure that the client is happy with the latest clauses the funder wants. Also, I think they may have negotiated more concessions so I’ll have to get back to you on those. Marie: OK. By the way, I think you out of office message is still on, although the date’s wrong. Don’t worry, I’ll change it. Your calls are still coming through to my phone so I’ll carry on taking messages.

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I Make word combinations from the test A Company Commercial Lawyer using words from the box. Then use appropriate word combinations to complete Sophie Brettle’s sentences bellow. fee terms interests work comprehensive best chargeable notes meeting earner agreed all parties

1. I don’t think we can accept that clause. It’s not in the ______of the client. 2. Marie, can you go ahead and set up the next ______? We need everyone to be there. 3. Will you check the ______match the notes taken from the meeting with the contractors and client? 4. We can’t spend any more time on this. It’s not ______.

II Marie Lapotaire is talking about her working day. Replace the underlined words and phrases with alternative words and phrases from the text A Legal Secretary. Pay attention to grammatical context. There is more than one possibility for one of the answers.

In addition to typing up recorded notes from meetings, sending copy to everyone by email, and printing off emails, most days I’ll be given various other tasks to carry out, such as document generation. If the solicitor indicates changes on a draft text, I’ll word process them. I sometimes have to get addresses and contact details from the Internet and make appointments for meetings or conference calls. Obviously, I also take incoming calls when the fee earners aren’t available and I let the caller know the solicitor will call them back. I’ll also continue with any other tasks she’s given me. Once a month I attend the secretarial committee as the representative for my department.

III Make a presentation for the rest of the class based on the text you read.

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GROUP D

JUDGES

Judicial appointments in England and Wales

Judicial Office Court Number Lords of Appeal in Ordinary (also House of Lords 12 known as Law Lords Lord Justices of Appeal Court of Appeal 37 High Court Judges High Court of Justice 107 Circuit Judges Crown Court and County Court 638 Recorders Crown Court and County Court 1359 District Judges (Civil) County Court 422 Deputy District Judges (Civil) County Court 751 District Judges (also known as Magistrates’ Court 139 Stipendiary Magistrates) Deputy District Judges Magistrates’ Court 148

Note: Recorders generally hear less complex or serious cases than Circuit Judges and start by sitting in the Crown Court. After two years they might sit in the County Court.

Number of judges listed in above table correct as of 27/11/06.

An act of Parliament lays down the mandatory requirements for most judicial offices. Candidates must have practiced as a lawyer or judge for a specified time and must meet other statutory requirements for specific posts. The hierarchical structure of the courts informs the process of selection of the Judiciary. Experience gained as a judge in a lower court is one of the qualifications for appointment to a higher court. Senior appointments to the Court of Appeal and the High Court are made by the Queen following the recommendation of the Prime Minister, currently on the advice of the Lord Chancellor – a senior member of the government and head of the judicial system.

The training of judges

The Judicial Studies Board (JSB) is responsible for the training of judges, lay magistrates and members of Tribunals in England and Wales. The JSB would normally organize the following for an appointee Recorder in the Crown Court: an induction course; visit to penal establishments, for example prison and young offender institutions; meetings with personnel from the Probation Service, which deals with criminals, often young offenders, who are not sent to prison unless they reoffend, but who are under supervision of a probation officer.

The appointee would experience a period of sitting in on the Bench – judge’s area of the Court – with a Circuit Judge. In his first week after appointment he would be supervised by a Circuit Judge. Practical guidelines for judges are set out in Bench Books.

Civil courts: sentencing and court orders

Judges in civil courts can fine, commit to imprisonment (normally between 28 days and six months) or to give a suspended sentence – where imprisonment does not take place unless the offender commits another offence. An applicant can seek an injunction – an

76 Legal English I Unit 4 order – against a respondent. The court may grant an interim injunction, that is, a temporary one, to stop the defendant from doing something before the hearing of the application. The judge can grant or refuse an injunction against a legal person to do or not do specified acts. The judge can, alternatively, require an undertaking, or promise, from the relevant party at the hearing proceedings.

I Match the judicial offices in the box with the required qualifications below (1-4)/ Bear in mind the hierarchical structure of the courts. Look at the text above to help you.

Lord of Appeal in Ordinary Lord Justice of Appeal Circuit Judge District Judge (Magistrates’ Court)

1. must have been qualified as a lawyer for at least seven years 2. must have been qualified for ten years, although three years’ service as a full-time District Judge is allowed. 3. must have been qualified as a lawyer fro at least 15 years and is usually drawn from judges in the Courts of Appeal in England, Wales, and Northern Ireland, and in the Court of Session in Scotland 4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice, to be a High Court Judge.

II Complete the definitions. Look at the text above to help you.

1. ______- collective word for a group of judges and the name of the place where a judge sits in court. 2. ______- formal collective word for all the judges in the legal system. 3. ______- the specific post of a judge (for example, a High Court Judge). 4. ______- place where people are held as a punishment when convicted of an offence.

III Complete the sentences. Look at the text above to help you

1. Judges may make a first sentence for a non-serious offence a ______sentence. 2. The period of ______awarded by the judge should reflect the number and seriousness of the offences and their context. 3. A person who seeks an injunction is generally described as the ______. 4. Instead of ordering a specific act, the court can seek the agreement of the relevant party to an ______to do the specific act. 5. An applicant may seek an ______to prevent a breach of contract. 6. If an applicant claims that the defendant is about to do something that infringes his/her rights before there can be a hearing (for example, to dispose of disputed property), the judge may grant an ______.

IV Make a presentation for the rest of the class based on the text you read.

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WORD FORMATION

People in Private Law

The suffixes -er and -or are often added to nouns or verbs to form related nouns (called 'agent nouns') which refer to the person or thing that does an action.

Examples: Noun or verb Agent noun Meaning offer offeror person who offers advertise advertiser person who advertises property proprietor person who owns property

Can you think of some more examples of agent nouns ending in -or or -er? i) Check that you understand the list of topics in CAPITALS in the exercise below (e.g. CIVIL ACTION, LEGAL ADVICE, WILL etc.). ii) Complete the phrases on the right by choosing the two people related to each topic from the list given below. Where possible, use word families to help you choose.

Example:

CIVIL ACTION In a civil case, the party who takes the legal action against the defendant (for example for a , or breach of contract) is called the claimant. Answer: h

1) LEGAL ADVICE A ______is a lawyer who gives legal advice to his or her ______and may sometimes represent them in court.

2) WILL The ______is the person appointed to 'execute' the will, that is to give effect to the wishes expressed in the will by the ______.

3) TORT A ______is a person who commits a civil wrong, called a tort, which causes injury to the ______.

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4) SALE The ______sells an article or product to the buyer or ______who buys or purchases it.

5) TRUST A ______is the legal owner of property which s/he holds in trust for the benefit of the ______Under rules of Equity, the ______must act in the interests of the ______according to the terms of the trust.

6) CONTRACT In English law a contract is formed when the ______accepts the offer which the ______has made.

7) EMPLOYMENT A contract of employment creates a special legal relationship in which the two parties have certain rights and duties. For example, the ______has the duty to make sure that the ______'s place of work is safe.

8) LEASE OF LAND The ______is the person who owns land which the ______uses (e.g. as a dwelling or a place of work), and for which s/he pays a sum of money called rent.

List of people: a) client b) injured party c) offeror d) executor e)trustee f) vendor g) beneficiary h) claimant i) landlord j) employee k) solicitor l) defendant m) testator o) purchaser p) employer q) tortfeasor r) tenant s) offeree. iii) You have seen that the suffixes -er and -or indicate the agent, or person who does the action. What does the suffix -ee indicate in nouns like employee and offeree?

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VOCABULARY

BARRISTERS AND SOLICITORS

Every legal system needs professionals to provide legal services. These systems are organized in many different ways. In England this work is carried by two groups of professionals – solicitors and barristers.

I Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column. advising clients on general legal issues conveyance of houses advising clients on specialist legal issues dealing with commercial transactions advising on litigation drafting of documents in connection with litigation advising on tax matters making wills advocacy in all courts preparing cases advocacy in lower courts share and other property dealings commercial work

solicitors barristers

II Read the text about solicitors in England and fill in the gaps with the words offered below employed private career matters partnership court advice challenge clients representation commercial solicitors

A solicitor's role is to give specialist legal ______and help. As society becomes more complicated the need for the services of the solicitor rises, and the profession's influence expands. Solicitors are the main advisers on all ______of law to the public. A ______as a solicitor offers the chance to combine intellectual ______, interest and variety with the opportunity to work with and for people. There are over 60,000 ______practising in England and Wales and their work varies enormously. A solicitor's job is to provide ______(members of the public, businesses, voluntary bodies, charities etc.) with skilled legal advice and ______, including representing them in ______. Most solicitors work in ______practice, which is a ______of solicitors who offer services to clients. Others work as ______solicitors for central and Local Government, the Crown Prosecution Service, the Magistrates' Courts Service, a ______or industrial organisation or other bodies. If you become a solicitor, you can choose the kind of environment which suits you best.

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III Fill in the gaps with the words offered below: mock bench qualifications Inns barrister facilities scholarships senior qualified disciplinary audience solicitors code libraries chambers quarter

THE INNS OF COURT are institutions which for centuries have had a special place in the English legal structure. There are four ______of Court: Grays Inn, Lincoln’s Inn, the Inner Temple and the Middle Temple. In order to become a ______, which gives you a right of ______before the courts you have to be admitted to one of the Inns and satisfy the educational and other ______which are required of those who wish to become barristers. In cooperation with each other the Inns provide a system of legal education through the Inns of Court School of Law. The Inns also approve various ______and grants to make it easier for persons of ability to become ______as lawyers. Lawyers are required to conform to a strict ______of professional conduct and the Inns have ______powers over barristers. The Inns also own extensive property in the legal ______of London which is used to provide offices for barristers (called ______). The Inns also provide dining and lunching ______for their members, maintaining legal ______and organize a wide range of social activities. The government of the Inns is in the hands of ______lawyers called “Benchers”, a name they originally acquired because they sat on a ______as judges for the argument of ______cases. Members of the other branch of the legal profession, the ______are not members of the Inns of Court, and they have their own professional organization, the Law Society, which performs much the same function as the Inns.

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RECRUITMENT

Job opportunities

READING

Recent law-graduates and young lawyers with a few years’ working experience often read job advertisements in the hope of finding interesting and well-paid career opportunities. What sources of job advertisements are you familiar with?

I In the UK, job adverts aimed at the two groups mentioned above – recent law-school graduates and young lawyers – will typically include the abbreviations PQE and NQ. Read the headings of the job advertisements that follow. What do you think these abbreviations stand for?

II Quickly scan the two advertisements and decide for which job (A or B)

1. you will have the opportunity to travel 2. you need no previous experience 3. you will have a chance to specialize in information technology law 4. you need to speak more than one language 5. you need to belong to a particular association.

III Read the advertisements again and answer these questions

1. Compare the description of the law firm in the second advert with that in the first. 2. How do the two firms differ? In what way are they similar? 3. Which of the two job adverts looks more interesting to you?

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83 Legal English I Unit 4

WRITING

A covering letter1

A covering letter is an important part of a job application. Submitted along with a CV2 , the covering letter serves as an applicant’s introduction to a potential employer. As such, it is a valuable opportunity for you to communicate a few key facts about yourself and your suitability for the position in question. It also gives you a chance to demonstrate your ability to write a clear and well-structured business document in English. Thus it is necessary to proofread your covering letter carefully and to make sure it does not contain errors of any kind.

Like most professional correspondence, a covering letter ideally has a three-part structure consisting of:

1. an introductory paragraph stating the purpose of the letter; 2. a main part (one or more paragraphs) with the most important information; 3. a concluding paragraph bringing the letter to a close and a final sentence inviting further contact.

I Read the covering letter on the next page and then match these functions (a-f) with the sentence or sentences in the letter (1-10) which express them. Each function can be used more than once.

a) referring to any relevant work experience you have in the field b) identifying your current status c) referring to future contact d) Explaining how you found out about the position e) Demonstrating an interest in the firm to which you are applying f) Highlighting particular skills, qualifications or accomplishments

1 US cover letter 2 US resume 84 Legal English I Unit 4

Dear Mr. Jackson

1) I would like to apply for the post of a Company Commercial Solicitor in your firm as advertised on the website www.legalpositions.com. 2) As a recent law- school graduate, I was particularly happy to see that the position you are offering is open to newly qualified lawyers.

3) You will see from my enclosed CV that I completed my law studies in Rome with honours, and spent one year studying law in Edinburgh. 4) I am especially interested in the position you are offering, since I have relevant work experience in the field of insolvency. 5) I spent three summers working as a clerk in mid- sized commercial law firm in Manchester. 6) While assisting with the insolvency work carried out there, I developed a keen interest in becoming an insolvency practitioner. 7) In addition, I am a student member of the Insolvency Practitioners Association in the UK, and two articles I wrote in English were published in their newsletter. 8) I may also add that I achieved a high score on the International Legal English Certificate Examination.

9) I would welcome the opportunity to work as part of your successful team, to benefit from your extensive experience, and to put my training, experience and enthusiasm into practice for your firm.

10) I look forward to hearing from you.

Sincerely Fabio Scataloni

II Write an application letter of your own in response to one of the job advertisements you read earlier or to one you have found. You should:

- structure your letter n three parts - include the functions listed in Exercise I above - write your letter in an appropriate style - proofread the text carefully

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WRITING

A Lawyer’s curriculum vitae

I Read the CV bellow and discuss its composition. Write your own CV.

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LISTENING 8

A JOB INTERVIEW

The job interview gives an employer an opportunity to form an impression of you as a person and to decide whether you would be suited to join the firm. An interviewer will typically pose questions which invite a wide range of possible responses and lead to discussion.

I Read these questions, typically posed in an interview for a legal position. Which do you think would be most difficult for you to answer?

1. What can you tell me about yourself? 2. What are your greatest strengths/weaknesses? 3. Why did you decide to study law? 4. What was the most valuable experience you had in law school? 5. What qualities do you think a good lawyer needs to have? 6. Which accomplishment are you most proud of? 7. What do you know about this firm? 8. Why do you want to work for this firm? 9. Why should we hire you? 10. How would you describe your ideal job/boss/law firm? 11. What can you tell me about your work experience?

II You will hear a candidate Mr. Berger, being interviewed for one of the positions described in the job adverts you read earlier. Listen to the interview. Which position has he applied for?

III Listen again and tick the questions in exercise I the interviewer asks.

IV Answer these questions. 1. Why does Mr. Barger want to work for the firm? 2. Why is Mr. Berger already familiar with London? 3. What kind of work does Mr. Berger do in his present job? 4. What does Mr. Berger ask the interviewer about the firm?

SPEAKING

I Using one of the job advertisements you read in this material or one you have found in a newspaper or on the web, prepare to be interviewed for the job. Think about how your education, skills and work experience relate to what is required of the applicant. Your partner should play the role of the interviewer and should ask you some of the questions from the exercise I in the Listening exercise. When the interview is finished, discuss which of your answers were good and which need improvement. Then switch roles and interview your partner for the job he or she has found. 87 Legal English I Unit 4

WRITING

A thank-you note

Following a job interview, it is a good idea to send a short note thanking the person who interviewed you. The purpose of this note is to show your continued interest in the position and to reinforce a positive image of yourself. For this reason, it is common to emphasise one or two of your strong points once again, while referring specifically to something discussed in the course of the interviews.

I Read the thank-you note below and then complete the spaces (1-5) using these phrases (a-e).

a. As I mentioned during our conversation b. I appreciated c. The interview convinced me that my background d. Thank you again e. I am confident that my ability to

Dear Mr. Greene

1) ______for the opportunity to interview for the position of Senior Insolvency Practitioner to your firm 2) ______your hospitality and enjoyed meeting you and members of your staff. I especially enjoyed hearing about your firm’s plans for expansion.

3) ______, interests, and skills are compatible with the goals of your firm, 4)______, the experience I gathered in my previous employment has prepared me well for corporate insolvency work, 5)______supervise a case from commencement of liquidation to closure will be of value to your firm.

I look forward to hearing from you.

Yours sincerely Julia Fenton

II Answer the following questions

1. Which sentence in the note refers to a topic discussed in the interview? 2. Which sentence serves to reinforce points mentioned by the applicant during the interview? 3. What is the purpose of the final sentence of the second paragraph of the note? 4. Which part of the thank-you note refers to future contact?

88 Legal English I Unit 4

III Write a thank-you note from Franz Berger to Ms. Hall as a follow up to the interview in the listening exercise. You should:

- mention one or two topics discussed in the interview - reinforce one or two points about the applicant’s background which were discussed in the interview - use the sentence beginnings found in the model text above - refer to future contact.

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Grammar focus

Adjectives and adverbs

We use adverb, not an adjective 1. to say how something happened or was done: a. I’ve always greatly enjoyed his novels. (not “great enjoyed”) b. The people who work in that shop always talk politely to customers. (not “polite”) 2. to modify adjectives, including participle adjectives: a. It was strangely quite in the room b. They had a beautifully furnished house.

Some adverbs are formed from an adjective + -ly: happy → happily etc.  When an adjective ends in –ly (cowardly, friendly, kindly, lively, lonely) we don’t add –ly to it to make an adverb. Instead we can use a prepositional phrase with fashion, manner, or way: He smiled at me in a friendly way. She waved her hands around in a lively fashion.  Most participle adjectives ending in –ed don’t have an adverb form and we can use a similar prepositional phrase: They rose to greet me in a subdued manner. She walked around the room in an agitated way.

However, some do have an adverb form with –ly, including the following common ones: allegedly, belatedly, contentedly, dejectedly, deservedly, excitedly, hurriedly, markedly, pointedly, repeatedly, reportedly, reputedly, supposedly, unexpectedly, wholeheartedly, wickedly. The weather had turned unexpectedly stormy.

I Peter Thomas was recently sentenced to imprisonment for a bank . Here are extracts from newspaper reports during and after the trial Rewrite them using one of these adverbs to replace the underlined parts. Make other necessary changes. allegedly deservedly reputedly unexpectedly belatedly repeatedly undoubtedly wholeheartedly

1. Thomas was said to have committed the robbery on the afternoon of the 21st June. 2. At first, Thomas’s wife gave complete support to his claim that he was innocent 3. A police spokesman said, “We are sure that Peter Thomas knows something about this robbery.” 4. It is generally believed that Thomas hid the money somewhere close to his home. 5. His wife realised only much later that Thomas had been lying to her. 6. He denied being involved in the robbery over and over again. 7. It came as surprise when Thomas confessed to the crime over a year later. 8. After the trial, Thomas’s wife said, “It was right that Peter was given a severe sentence.”

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Adverbs with two forms

Some adverbs have two forms, one ending in –ly and the other not.

 We can sometimes use either of the two forms of the adverb without changing the meaning, although the form ending in –ly is more usual in a formal style (cheap(ly), clean(ly), clear(ly), fine(ly), slow(ly), thin(ly):

I’ be there as quick(ly) as I can. Try to sing loud(ly) in the last verse.  In other cases there is a difference in the meaning of the adverb with and without – ly:

She gave her time free (for no money) She gave her time freely. (willingly)

I arrived late for the concert I haven’t seen John lately. (recently)

She worked really hard and passed The telephone line was so bad I could hardly her exams hear what he was saying. (only just)

He kicked the ball high over the goal. Everyone thinks highly of her teaching. (they praise her for it)

They cut short their holiday when The speaker will be arriving shortly. (soon) John became ill. (went home earlier) It won’t be difficult to get the book. It’s widely The door was wide open so I went available (in many places) straight in. (completely)

II Rewrite the following sentences using one of the adverbs discussed above.

1. I haven’t cleaned the house recently. 2. It wasn’t easy to accept her decision. 3. They won, but the result wasn’t at all surprising. 4. The leaflet is available at no charge from the town hall. 5. I became a nurse soon after I left school. 6. Even though it was 2 am, I was completely awake. 7. Her name is known to many people. 8. The report strongly criticized the Minister’s conduct.

III Find the mistakes and correct them. If there is no mistakes, put a √.

1. She speaks French fluent. 2. I think you behaved very cowardlily. 3. Everyone says that he’s enormous rich. 4. We’ll never catch them up if you walk as slow as that. 5. She turned to him astonishedly. “I don’t believe you”, she said. 6. Wearing a white shirt and new suit, he thought he looked really well. 7. He plays the guitar remarkable good for his age. 8. Chop the herbs finely and sprinkle them on top of the pasta. 9. He stepped back and looked satisfiedly at the newly-painted door.

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Writing Introduction

The introduction should be designed to attract the reader's attention and give her an idea of the essay's focus.

1. Begin with an attention grabber.

The attention grabber you use is up to you, but here are some ideas:

o Startling information This information must be true and verifiable, and it doesn't need to be totally new to your readers. It could simply be a pertinent fact that explicitly illustrates the point you wish to make. If you use a piece of startling information, follow it with a sentence or two of elaboration.

o Anecdote An anecdote is a story that illustrates a point. Be sure your anecdote is short, to the point, and relevant to your topic. This can be a very effective opener for your essay, but use it carefully.

o Dialogue An appropriate dialogue does not have to identify the speakers, but the reader must understand the point you are trying to convey. Use only two or three exchanges between speakers to make your point. Follow dialogue with a sentence or two of elaboration.

o Summary Information A few sentences explaining your topic in general terms can lead the reader gently to your thesis. Each sentence should become gradually more specific, until you reach your thesis.

2. If the attention grabber was only a sentence or two, add one or two more sentences that will lead the reader from your opening to your thesis statement.

3. Finish the paragraph with your thesis statement.

Exercise:

IV Work in pairs. Use the topics from the exercise I and thesis statements from the exercise II to write introductions for each of the topics.

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