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English for Lawyers IRevision



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



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.






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.






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.



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



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



The sources of law

Exercise

Match these sources of law with the

descriptions below:

Common law

Napoleonic Code

Roman law

The Ten Commandments



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.



Exercise

Replace the underlined words and

phrases with the following:

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





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. 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.



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



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



Exercise II

Replace the underlined words with the

correct form of the following:

approve, Bill, debate, drafting, enshrine,

introduce, propose, re-present, submit,

undertake



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.



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.



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.



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.



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



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



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



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.






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.






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.



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.



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.



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.



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.



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____.



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.



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



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




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




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



Legal terms: criminal law

an official statement in a court accusing

someone of having committed a crime

Criminal charge



Legal terms

Zakon

Law

statute Act of Parliament (bill=prijedlog zakona)

Legislation (= zakonodavstvo; zakoni)



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



Legal terms

A general system of law deriving

exclusively from court decisions

Common law



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



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



Legal terms: Public law

Constitutional law

Administrative law

Tax law

Criminal law

P i t i il l



Private civil law

= privatno građansko pravo

Law of contract

= ugovorno pravo, obvezno pravo

Law of tort

= odštetno pravo

Family law

= obiteljsko pravo



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



Legal terms

a decision made by someone with official

authority such as a judge, magistrate,

arbitrator or chairman

Ruling



Legal terms

Barrister

odvjetnik s pravom zastupanja pred

sudom; pravozastupnik

Solicitor

odvjetnik bez prava zastupanja pred

sudom; pravni zastupnik



Legal terms

Details of the case given by a client to a

solicitor, or by a solicitor to a barrister

Instructions



Legal terms

A person who pays for a service carried

out by a professional person such as a

solicitor

Client



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



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



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



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



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:



Legal terms

Summary offence

Lakše kazneno djelo; djelo za koje se sudi

na osnovnom sudu (bez porote)

Indictable offence

Teško kazneno djelo



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



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



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



Legal terms

To invalidate a conviction made in an

inferior court ot to set aside a decision

subject to judicial review

Quash



Legal terms

The power to commute or remit a

sentence

Prerogative of mercy



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



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



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



Legal terms

a court order telling someone to stop doing

something, or not to do something

Injunction



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



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



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



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

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