English for lawyers I
Revision
Put the verbs in brackets into the appropriate
forms
• Human beings _________ always ______________ (live), together under rules of
one kind or another. It _____________________________ (matter, negative)
where in the world; it does not matter in what age, whether the society in which they
lived was simple or a complex one by our present-day standards – humans
__________ always ______________ by rules (live). These rules
____________________(influence, passive) by nature and by society in which
people live. They may ______________________( influence, passive) by religious
or secular beliefs, and they will cater for the ideas of right and wrong that
____________________(develop, passive) over time to suit the society in which
they live.
Key
• Human beings have always lived together under rules of one kind or
another. It does not matter where in the world; it does not matter in what
age, whether the society in which they lived was simple or a complex one by
our present-day standards – humans have always lived by rules. These rules
are influenced by nature and by the society in which people live. They may
be influenced by religious or secular beliefs, and they will cater for the ideas
of right and wrong that have been developed over time to suit the society
in which they live.
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forms
• Since the law ______________(cover) (2) a wide variety of matters it can be helpful
to divide it into different categories. The first distinction is that between
international and national (municipal) law; national law can then
____________________(classify, passive) (3) into public and private law; finally
these classifications can ________________________(sub-divide, passive)(3) into a
number of different categories. International law ________________(deal) (2) with
disputes between nations; much of this law ______________________(come) (2)
from treaties which __________________(agree, passive) (3) by the governments
of the countries.
Key
• Since the law covers a wide variety of matters it can be helpful to divide it
into different categories. The first distinction is that between international
and national (municipal) law; national law can then be classified into public
and private law; finally these classifications can be sub-divided into a
number of different categories. International law deals with disputes
between nations; much of this law comes from treaties which have been
agreed by the governments of the countries
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forms
• National law is the law which __________________(apply) (2) within a country:
each country ______________(have) (2) its own national law and there are often
wide differences between the law of individual countries. This can
_______________________(show, passive) (3) by the fact that Scotland
________________(have) (2) its own law and legal system which are quite separate
from the law and legal system which operate in England and Wales. Within national
law there is usually a clear distinction between public ad private law. Public law
___________________(involve) (2) the State or government in some way, while
private law is concerned with disputes between private individuals or businesses.
Both public and private law can ____________________(sub-divide, passive) (3)
into different categories.
Key
• National law is the law which applies within a country: each country has its
own national law and there are often wide differences between the law of
individual countries. This can be shown by the fact that Scotland has its
own law and legal system which are quite separate from the law and legal
system which operate in England and Wales. Within national law there is
usually a clear distinction between public ad private law. Public law involves
the State or government in some way, while private law is concerned with
disputes between private individuals or businesses. Both public and private
law can be sub-divided into different categories.(14)
Fill in the missing words: Administrative, commits, Constitutional,
Criminal, defendant, election, offence, Parliament, prosecute,
punishment
• ___________________law controls the method of government and any disputes which
arise over such matters as who is entitled to vote in an ______________, or who is allowed
to become a Member of ______________________, or whether an election was carried
out by the correct procedure. ________________law controls how Ministers of State or
other public bodies such as local councils should operate. ______________________law
sets out the types of behaviour which are forbidden at risk of ___________________. A
person who _________________a crime is said to have offended against the State, and so
the State has the right to _______________________them. At the end of the case, if the
___________________ is found guilty, the court will punish the defendant for
the________________, because he or she has broken the criminal law set down by the
State.
Key
• Constitutional law controls the method of government and any disputes which
arise over such matters as who is entitled to vote in an election, or who is allowed
to become a Member of Parliament, or whether an election was carried out by the
correct procedure. Administrative law controls how Ministers of State or other
public bodies such as local councils should operate. Criminal law sets out the types
of behaviour which are forbidden at risk of punishment. A person who commits a
crime is said to have offended against the State, and so the State has the right to
prosecute them. At the end of the case, if the defendant is found guilty, the court
will punish the defendant for the offence, because he or she has broken the
criminal law set down by the State.
Fill in the missing words: civil, courts, crime, private
(2x), public (2x), state
• It is important to realise that ______________law is very different from
criminal law. Criminal law is part of ______________law while civil law is
the separate category of ________________ law. The reason that criminal
law is part of _______________ law is that _______________ is regarded
as an act against the ________________and society as a whole. Civil law is
called _______________ law because the issues it deals with are between
two individuals. The two types of law have different aims and are dealt with
in different __________________.
Key
• It is important to realise that civil law is very different from criminal law.
Criminal law is part of public law while civil law is the separate category of
private law. The reason that criminal law is part of public law is that crime is
regarded as an action against the state and society as a whole. Civil law is
called private law because the issues it deals with are between two
individuals. The two types of law have different aims and are dealt with in
different courts.
Fill in the missing words: Act, crime, customs,
judicial, statute, statutory, theft, unwritten
• Common law is the basis of English law: it is ________________ law that
developed from _____________ and judicial decisions. The phrase
'common law' is still used to distinguish laws that have been developed by
_______________ decisions, from laws that have been created by
____________or other legislation. For example, murder is a common law
____________ while theft is a ___________________ crime. This means
that murder has never been defined in any __________ of Parliament, but
______________ is now defined by the Theft Act 1968.
Key
• Common law is the basis of English law: it is unwritten law that developed
from customs and judicial decisions. The phrase 'common law' is still used
to distinguish laws that have been developed by judicial decisions, from
laws that have been created by statute or other legislation. For example,
murder is a common law crime while theft is a statutory crime. This means
that murder has never been defined in any Act of Parliament, but theft is
now defined by the Theft Act 1968.
• Common law also has another meaning, in that it _____________________ (use,
passive) (3) to distinguish between rules that _______________________ (develop,
passive) (3) by the common law courts (the King's courts) and the rules of Equity
which were developed by the Lord Chancellor and the Chancery courts. Equity
_____________________(develop)(2) because of problems in the common law.
Only certain types of case ___________________(recognize, passive) (3). The law
_________(be) was also very technical; if there was an error in the formalities the
person ___________________(make) (2) the claim would lose the case.
Key
• Common law also has another meaning, in that it is used to distinguish
between rules that were developed by the common law courts (the King's
courts) and the rules of Equity which were developed by the Lord
Chancellor and the Chancery courts. Equity developed because of problems
in the common law. Only certain types of case were recognized. The law
was also very technical; if there was an error in the formalities the person
making the claim would lose the case.
Fill in the missing words: common, compensation,
damages, defendant, parties, plaintiff, remedy
• Another major problem was the fact that the only ___________ the
_____________ law courts coud give was ____________________ – that is an
order that the _________________ pay a sum of money to the
___________________ (now claimant) by way of compensation. In some cases
this would not be the best method of putting matters right between the
______________. For example, in a case of trespass to land, where perhaps the
defendant had built on his neighbour's land, the building would still be there and the
plaintiff would have lost the use of that part of his land. In such a situation the
plaintiff would probably prefer to have the building removed, rather than be given
money in _____________
Key
• Another major problem was the fact that the only remedy the common law
courts coud give was 'damages' – that is an order that the defendant pay a
sum of money to the plaintiff (now claimant) by way of compensation. In
some cases this would not be the best method of putting matters right
between the parties. For example, in a case of trespass to land, where
perhaps the defendant had built on his neighbour's land, the building would
still be there and the plaintiff would have lost the use of that part of his
land. In such a situation the plaintiff would probably prefer to have the
building removed, rather than be given money in compensation.
• People who could not obtain justice in the common law courts
_______________(appeal) directly to the king. Most of these cases
_____________________(refer, passive) to the king's Chancellor, who
______________(be) both a lawyer and a priest, and who
____________________(become) known as the keeper of the king's conscience.
This was because the Chancellor __________________(base) his decisions on
principles of natural justice and fairness, making a decision on what seemed 'right'
in the particular case rather than on the strict following of previous precedents. He
was also prepared to look beyond legal documents, which
___________________(consider, passive) legally binding by the common law
courts, and to take account of what the parties had intended to do
Key
• People who could not obtain justice in the common law courts appealed
directly to the king. Most of these cases were referred to the king's
Chancellor, who was both a lawyer and a priest, and who became known as
the keeper of the king's conscience. This was because the Chancellor based
his decisions on principles of natural justice and fairness, making a decision
on what seemed 'right' in the particular case rather than on the strict
following of previous precedents. He was also prepared to look beyond legal
documents, which were considered legally binding by the common law
courts, and to take account of what the parties had intended to do.
Put the verbs in brackets into appropriate forms
• On 26 April 1999, new Civil Procedure Rules ___(bring, passive)
into effect. They use much simpler language than previous rules.
They also ___(change) the vocabulary used in court cases. For
example, anyone starting a civil case _now___(call, passive) ‘the
claimant’; previously the term used in most cases ___(be) ‘the
plaintiff ’. The document___(use) to start cases is a claim form,
rather than a writ or a summons. The new terms ___(use, passive)
now, but the old terms still appear in reports of cases decided
before April 1999.
Key
• On 26 April 1999, new Civil Procedure Rules were brought into
effect. They use much simpler language than previous rules. They
also changed the vocabulary used in court cases. For example,
anyone starting a civil case is now called ‘the claimant’; previously
the term used in most cases was ‘the plaintiff ’. The document
used to start cases is a claim form, rather than a writ or a
summons. The new terms are used now, but the old terms still
appear in reports of cases decided before April 1999.
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• Permission to appeal ____(require, passive) in most cases. It can ___(grant,
passive) by the lower court where the decision ____(make, passive) by the
Court of Appeal. Permission to appeal will____(grant, passive) where the
court ____(consider) that an appeal would have a real prospect of success or
that there was some other compelling reason why the appeal should
____(hear, passive).
Key
• Permission to appeal is required in most cases. It can be granted by the
lower court where the decision was made o by the Court of Appeal.
Permission to appeal will only be granted where the court considers that an
appeal would have a real prospect of success or that there was some other
compelling reason why the appeal should be heard.
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• Permission to appeal ______(require, negative, passive) in cases where the
liberty of the individual is in issue; for example in an appeal against a
committal to prison for ____(break) an injunction.
Key
• Permission to appeal is not required in cases where the liberty of the
individual is in issue; for example in an appeal against a committal to prison
for breaking an injunction.
Fill in the missing words: breach, claimant, contract, courts,
damages, remedy
• The main ___awarded by the ____ is an order that an amount of money
must be paid to the___. This is called an award of _____. The object of an
award of damages in cases of ___of contract is to put the claimant in the
same position, as far as money can do it, as he would have been had the
___not been broken.
Key
• The main remedy awarded by the courts is an order that an amount of
money must be paid to the claimant. This is called an award of damages. The
object of an award of damages in cases of breach of contract is to put the
claimant in the same position, as far as money can do it, as he would have
been had the contract not been broken.
Fill in the missing words: amount, assistance, cases,
damages, disabled, earnings
• General ___ are for matters which cannot be neatly itemised. In personal
injury ___this will include an _____ for pain and suffering and also for
future loss of ____. It will also include an amount for the cost of nursing or
other necessary ___, or for adapting a home to accomodate a ____ person.
Key
• General damages are for matters which cannot be neatly itemised. In
personal injury cases this will include an amount for pain and suffering and
also for future loss of earnings. It will also include an amount for the cost of
nursing or other necessary assistance, or for adating a home to accomodate a
disabled person.
behaviour, Criminal, law, order, rights,rules,
sanctions, security
• ___ law is central to the relationship between ___and society. It seeks to
regulate___; it provides ___against those who break those___. It is
initmately linked with key social policy objectives, such as the maintenance of
law and ___and preservation of the peace, ___of the individual and the
protection of property. It is also linked to other objectives, especially the
protection of human ___and individual freedoms.
Key
• Criminal law is central to the relationship between law and society. It seeks to
regulate behaviour; it provides sanctions against those who break those rules.
It is initmately linked with key social policy objectives, such as the
maintenance of law and order and preservation of the peace, security of the
individual and the prtection of property. It is also linked to other objectives,
especially the protection of human rights and individual freedoms.
law-makers, preservation, procedure, provisions,
rules
• One of the great difficulties ___face when thinking about the development
of ___of criminal law and criminal ___ is how to achieve a proper balance
between the ___of the crimnal law and the ____of liberty and the freedom
of the individual.
Key
• One of the great difficulties law-makers face when thinking about the
development of rules of criminal law and criminal procedure is how to
achieve a proper balance between the provisions of the crimnal law and the
preservation of liberty and the freedom of the individual.
Supply the appropriate legal term
• The act of breaking or violating; breach, violation
• Infraction
• A lawyer; and 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
Supply the appropriate legal term
• Fairness, moral justness; recourse to justice to correct or supplement the law,
system of law coexisting with and superseding common and statute law
• Equity
• The highest judicial functionary in the UK
• The Lord Chancellor
Supply the appropriate legal term
• A way of puting something right; the means given by law for the recovery or
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compensation of a right
Remedy
The body of law and legal theory that is based on custom and made by
judicial decisions
Common law
A statute; a law made by the legislature
Act
Supply the appropriate legal term
• A judicial decision that serves as a rule for future determinations in
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similar or analogous cases
Precedent
To establish a legal and authoritative act; to make into a law
Enact
A non-fulfilment of a contract; the failure to perform one or more of
the promises of which a contract is made up
Breach of contract
Supply the appropriate legal term
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Voluntary agreement
Consent
A system of government in which power is held by a central authority
Unitary state
The making of laws
legislation
Supply the appropriate legal term
• The law which comprises the rights and duties of sovereign states towards
each other
• Public international law
• The law which comprises the rights and duties of the citizens of different
states towards each other
• Private international law
Supply the appropriate legal term
• An agreement between nations
• Treaty
• An agreement between two or more parties which is intended by them to
have legal consequences
• Contract
Supply the appropriate legal term
• a crime; an act or omission punishable under the law
• Offence
• A civil wrong; a wrong done by one person to another and not arising from a
contract
• tort
Supply the appropriate legal term
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Legal obligation
Liability
The surrender of a person by one state to another
Extradition
Legal strength or force
validity
Supply the appropriate legal term
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The supreme legislative body
Parliament
An organized body having the authority to make laws
Legislature
The giving of judgment
adjudication
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A law made by the legislature; and Act of Parliament
Statute
One that makes or helps to make laws
Legislator
The book that contains the written law
Statute book
Supply the appropriate legal term
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The collective term for judges
Judiciary
The official head of the Cabinet
Prime Minister
The chief ministers of the British government
The Cabinet
Public administrative officials in the UK
Civil servants
Supply the appropriate legal term
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Concerned with carrying laws into effect
Executive
A judicial disrict in England and Wales
Circuit
Paid, full-time magistrates
Stipendiary magistrates
Subordinate, lay magistrates
Justices of the peace (J.P.s)
Supply the appropriate legal term
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The upper house of UK Parliament
The House of Lords
The lower house of UK Parliament
The House of Commons
A member of the nobility who may sit in the House of Lords
peer
Supply the appropriate legal term
• A member of the legal profession whose main function is to argue cases in
court
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Barrister
The right to represent one’s client in a court of law
Right of audience
A society of solicitors
The Law Society
Supply the appropriate legal term
• A person who consults a solicitor
• Lay client
• A document recording how a person’s property is to be disposed after his
death
• Will
• The whole of a person’s property according to the law
• estate
Supply the appropriate legal term
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The transfer of the ownership of property from one person to another
Conveyance
A statement of a client’s case written by a solicitor
Brief
A barrister-at-law
counsel
Supply the appropriate legal term
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To bring civil action
Sue
A sum of money claimed or adjudged in compensation of loss or injury
Damages
The failure to take reasonable care to avoid foreseeable injury to others
negligence
Supply the appropriate legal term
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A room or set of rooms used by a judge or several barristers
Chambers
Compensation in the form of a fixed charge for professional service
fee
A rough, preliminary version of a legal document
draft
Supply the appropriate legal term
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The right or authority of a court to give judgment in a case
Jurisdiction
Imposing an obligation, duty or responsibility
binding
Supply the appropriate legal term
• To reach agreement in a dispute
• Settle
• A body of persons whose task is to decide, on the evidence presented,
whether the accused is guilty or not guilty
• Jury
• To institute legal proceedings against, to accuse of a crime
• prosecute
Supply the appropriate legal term
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A member of a jury
Juror
A complaint to a superior court of an injustice done by an inferior court
Appeal
The person who is sued in a civil action
defendant