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English for Lawyers IRevision
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Introduction to law: basic concepts
Complete the following text about basic
legal concepts using the following words
and phrases. Use each term once:
authority, court, govern, judges, law
enforcement agency, lawyers, legal action,
legal systems, legislation, rule, the
judiciary, tribunal
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authority, court, govern, judges, law enforcement
agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunal
Why do we have laws and legal
systems ? At one level, laws can be seen
as a type of _____which is meant to ____
behaviour between people. We can find
these rules in nearly all social
organizations, such as families and sports
clubs.
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authority, court, govern, judges, law enforcement
agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunal
Law, the body of official rules and
regulations, generally found in
constitutions and____, is used to govern a
society and to control the behaviour of itsmembers. In modern societies, a body
with ____, such as a ____ or the
legislature, makes the law; and a ____,such as the police, makes sure it is
observed.
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authority, court, govern, judges, law enforcement
agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunal
In addition to enforcement, a body ofexpert____ is needed to apply the law.This is the role of ____, the body of _____
in a particular country. Of course, legalsystems vary between countries, as wellas the basis for bringing a case before acourt or ____. One thing, however, seems
to be true all over the world – starting a ____is both expensive and time-consuming.
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The subject matter of the legal
system
Lawyers often divide
the law into criminal
and civil. Classify the
following terms intothe appropriate
column. Two terms
can appear in both
columns:
Criminal Civil
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Classify the following:
Compensation, contract, crime, damages,
family law, intellectual property, plaintiff,
police, private individual, prosecution, the
accused, the defendant, theft, to bring acase, to bring an action, to fine, to charge
someone with something
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The sources of law
Exercise
Match these sources of law with the
descriptions below:
Common law
Napoleonic Code
Roman law
The Ten Commandments
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Common law, Napoleonic Code, Roman law
The Ten Commandments
______evolved from the tribal and local
laws in England. It began with common
customs, but over time it involved the
courts in law-making that was responsiveto changes in society. In this way the
Anglo-Norman rulers created a system of
centralized courts that operated under asingle set of laws that replaced the rules
laid down by earlier societies.
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Exercise
Replace the underlined words and
phrases with the following:
Binding precedent, bound, cite, consider,
distinguish, override, rely on/apply, revised
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Binding precedent, bound, cite, consider,
distinguish, override, rely on/apply, revised
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
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Binding precedent, bound, cite, consider,
distinguish, override, rely on/apply, revised
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.
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Binding precedent, bound, cite, consider,
distinguish, override, rely on/apply, revised
7. The Law Reports series are the most
frequently cited reports because the text is
edited by the trial judge.
8. New legislation may pay no attention to
the decision of an earlier court judgment.
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Exercise I
Find verbs that can be used to make word
combinations with the words below. There
is more than one possibility for three of the
answers:
Amend, codify, consolidate, enact, pass,
repeal, update
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Amend, codify, consolidate, enact,
pass, repeal, update
Parliament can:
1. _____ Acts of Parliament
Pass/enact 2. _____new statutes.
Enact/pass
3. ______existing legislation. Amend/update
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Exercise II
Replace the underlined words with the
correct form of the following:
approve, Bill, debate, drafting, enshrine,
introduce, propose, re-present, submit,
undertake
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approve, Bill, debate, drafting, enshrine, introduce,
propose, re-present, submit, undertake
N: How is new legislation enacted?
C: Well, initially the (1) draft legislation has
to be (2) presented to both houses. The
draft is (3) discussed several times. A
committee has the job of checking that the
Bill (4) incorporates the fundamental
elements (5) agreed at the secondreading. After this, the Bill is (6) shown
again to the lower house.
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approve, Bill, debate, drafting, enshrine, introduce,
propose, re-present, submit, undertake
N: Who does the (7) formal writing of the
legislation?
C: It’s done by qualified barristers
employed as civil servants, known as
Parliamentary Counsel.
N: Who can (9) put forward Bills?
C: The government and, less commonly,
MPs.
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Key
Well, initially the (1) Bill has to be (2)
submitted/introduced/proposed to both
houses. The draft is (3) debated several
times. A committee has the job ofchecking that the Bill (4) enshrines the
fundamental elements (5) approved at the
second reading. After this, the Bill is (6) re-presented to the lower house.
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Key
Who does the (7) drafting of thelegislation?
C: It’s undertaken by qualified barristers
employed as civil servants, known asParliamentary Counsel.
N: Who can (9) propose/introduce/submit
Bills? C: The government and, less commonly,
MPs.
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Exercise 4
Match the two parts of the definitions:
1. Someone who works for his or herself is
2. If you speak on behalf of clients in court, you
3. Non-professional clients are known as 4. Barristers working solely for a company arecalled
5. The governing authorities of barristers are
6. When a solicitor gives a barrister the details ofa case, the barrister is
7. When you work as a barrister you
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Exercise 4
A) provide representation
B) lay clients
C) Self-employed/ a sole trader D) instructed
E) in-house counsel
F) practise at the Bar G) the Bar Council and the Inns of Court
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Exercise 5
Complete the extracts from a trainee
barrister describing her professional life
using the following: advocacy, Bar
Vocational Course, chambers, conversioncourse, document/pleading/opinion,
exercise rights of audience, pupillage,
pupil master, senior barrister, shadow,tenancy
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advocacy, Bar Vocational Course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, pupil
master, senior barrister, shadow, tenancy
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 of Law. Most days I’d expect to be present in ____from
about 8.45 am to 7.00pm, working almost
throughout in my ____ _____’s room. During
that time I ____his professional life completely.
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advocacy, Bar Vocational Course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, pupil
master, senior barrister, shadow, tenancy
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 withclients, comment on draft witness statements,
and research legal points.
Although all ___ are for twelve months, if they
think you have no prospect of finding a ____inthe chambers, after six months you would be
told discreetly.
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advocacy, Bar Vocational Course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, pupil
master, senior barrister, shadow, tenancy
Chambers run ___training evenings to
reduce the loss of opportunity to ____
____ _____ _____ in court.
When I’ve prectised for more than ten
years, I’d be interested in being appointed
as a _____ ______, with a specialist area
such as employment law.
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Key
I took a first degree in Modern History,then did the conversion course in law atCity University, which was much harder. I
then did the Bar Vocational Course atthe Inns of Court Schoold of Law. Mostdays I’d expect to be present in chambers from about 8.45 am to 7.00pm, working
almost throughout in my pupil master’s room. During that time I shadow hisprofessional life completely.
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Key
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 apleading/opinion/document, prepare
notes for a conference with clients,
comment on draft witness statements, andresearch legal points.
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Key
Although all pupillages are for twelve
months, if they think you have no prospect
of finding a tenancy in the chambers, after
six months you would be told discreetly.Chambers runs advocacy training
evenings to reduce the loss of opportunity
to exercise rights of audience in court.
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Key
When I’ve practised for more than ten
years, I’d be interested in being appointed
as a senior barrister , with a specialist
area such as employment law.
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Fill in the missing words: charged,
civil, clients, cost, jurisdictions
The ___involved (to both the state and
individual seeking legal aid) generally
results in preference being given to
assisting those ___ with criminal offences,though some ___supply free legal aid in
___cases. Certain systems of legal aid
provide lawyers who are employedexclusively to act for eligible,
impoverished____.
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Key
The cost involved (to both the state and
individual seeking legal aid) generally
results in preference being given to
assisting those charged with criminaloffences, though some jurisdictions supply
free legal aid in civil cases. Certain
systems of legal aid provide lawyers whoare employed exclusively to act for
eligible, impoverished clients.
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Legal terms
An expert in the field of law; a person
skilled in the philosophy or science of the
law
Jurist
To put in force; to cause to take effect; to
give effect to
enforce
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Legal terms: general
a body established by law for the administrationof justice by judges
court
a specialist court outside the judicial system
which examines special problems and makes judgements
tribunal
a wide term which refers to all professionals
working in the legal profession; it does not referto a specific job
lawyer
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Legal terms: general
a person who has specialised in the study and
practice of law
jurist
to make sure something is done or is obeyed enforce
If you ___ a wrong or harmful act, you punish
the person who is responsible avenge
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Legal terms: general
failure to do a duty; a lack of care towards
someone or something
negligence
breach, violation, infringement
infraction
the use of force to make someone to dosome act
coercion
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Legal terms: criminal law
an official statement in a court accusing
someone of having committed a crime
Criminal charge
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Legal terms
Zakon
Law
statute Act of Parliament (bill=prijedlog zakona)
Legislation (= zakonodavstvo; zakoni)
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Legal terms
(1) historical origins of law; (2) the
institutions which make law, (3) the places
where law may be found
Sources of law
Fairness, moral justness; resource of
justice to correct or supplement law;
system of law coexisting common andstatute law
equity
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Legal terms
A general system of law deriving
exclusively from court decisions
Common law
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Legal terms
A judgement or decision of a court,
normally recorded in a law report, used as
an authority for reaching the same
decision in subsequent cases
Precedent
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Legal terms
The part of law that deals with theconstitution and functions of the organs of
central and local government, therealtionship between individuals and thestate, and relationships betweenindividuals that are of direct concern to the
state
Public law
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Legal terms: Public law
Constitutional law
Administrative law
Tax law
Criminal law
P i t i il l
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Private civil law
= privatno građansko pravo
Law of contract
= ugovorno pravo, obvezno pravo
Law of tort
= odštetno pravo
Family law
= obiteljsko pravo
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Legal terms
Binding
Obvezujući
: 1) the power of the court to hear and
decide a case or make a certain order; 2)the territorial limits within which the
jurisdiction of a court may be exercised; 3)the territorial scope of the legislativecompetence of Parliament
Jurisdiction
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Legal terms
a decision made by someone with official
authority such as a judge, magistrate,
arbitrator or chairman
Ruling
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Legal terms
Barrister
odvjetnik s pravom zastupanja pred
sudom; pravozastupnik
Solicitor
odvjetnik bez prava zastupanja pred
sudom; pravni zastupnik
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Legal terms
Details of the case given by a client to a
solicitor, or by a solicitor to a barrister
Instructions
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Legal terms
A person who pays for a service carried
out by a professional person such as a
solicitor
Client
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Legal terms
all the property that is owned by a person,
especially a person who has recently died
Estate
drawing up a document which legallytransfers property from a seller to a buyer
Conveyancing
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Legal terms
details of a client’s case, prepared by a
solicitor and given to the barrister who is
going to argue the case in court
Brief :
to give a barrister all the details of the
case which he will argue in court
To brief a barrister
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Legal terms
act of injuring someone’s reputation by
maliciously saying or writing things about
them
Defamation
the tort of acting carelessly towards others
so as to cause harm, entitling the injured
party to claim damages
Negligence
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Legal terms
to start legal proceedings against someone to
get compensation for a wrong
To sue money claimed by a claimant from a defendant
as compensation for harm done
Damages legally responsible for something
Liable
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Legal terms
documents setting out the claim of the
claimant or the defence of the defendant,
or giving the arguments which the twosides will use in proceedings
Pleadings:
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Legal terms
Summary offence
Lakše kazneno djelo; djelo za koje se sudi
na osnovnom sudu (bez porote)
Indictable offence
Teško kazneno djelo
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Legal terms
Right not to say anything, when
questioned by the police, in case you may
say something which could incriminate you
Right against self-incrimination
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Legal terms
In criminal proceedings, a formal statement
made in court by an accused person as a
response to the charge made against him plea
Izjašnjavanje, odgovor na optužnicu
Plead Izjasniti se o krivnji
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Legal terms
A decision that a person accused of a
crime is guilty
Conviction
A legal punishment given by a court to a
convicted person
Sentence
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Legal terms
To invalidate a conviction made in an
inferior court ot to set aside a decision
subject to judicial review
Quash
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Legal terms
The power to commute or remit a
sentence
Prerogative of mercy
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LEGAL TERMS
a proceeding heard in a civil court allowing
an individual to pursue a legal right;
Action
to begin a legal case;
to take legal action
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LEGAL TERMS
an assertion of a legal right
Claim
in a court, a claim by a defendant against
whom a claimant is bringing a claim.
Counterclaim
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LEGAL TERMS
Discovery of documents disclosure of eachparty's documents to the other before a hearingstarts in the civil courts (Since the new CivilProcedure Rules in 1999, disclosure)
To file to send a document to court (When adefendant is served with particulars of claim hecan file a defence); the defence must be filedand served in 14 days the defence must be
sent to court and to the other party within 14days
Podnijeti zahtjev sudu
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Legal terms
a court order telling someone to stop doing
something, or not to do something
Injunction
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LEGAL TERMS
a judgment without trial against defendant
who fails to respond to a claim
Judgment by default
a review by a higher court of the actions of
a lower court
Judicial review
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Legal terms
person who starts an action against
someone in civil courts (Since the
introduction of the new Civil Procedure
Rules in April 1999, claimant) Plaintiff
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LEGAL TERMS
documents setting out the claim of the
claimant or the defence of the defendant,
or giving the arguments which the two
sides will use in proceedings Pleadings
legal acceptance that a document,
especially a will, is valid
Probate
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LEGAL TERMS
to change a decision to the opposite one
Reverse
to give someone a legal document that
requires them to do something
Serve
to start legal proceedings against
someone to get compensation for a wrong
Sue