english for lawyers i revision. put the verbs in brackets into appropriate forms on 26 april 1999,...

English for English for Lawyers ILawyers I

RevisionRevision

Put the verbs in brackets Put the verbs in brackets into appropriate formsinto appropriate forms

On 26 April 1999, new Civil Procedure Rules On 26 April 1999, new Civil Procedure Rules ___(bring, passive) into effect. They use much ___(bring, passive) into effect. They use much simpler language than previous rules. They simpler language than previous rules. They also ___(change) the vocabulary used in court also ___(change) the vocabulary used in court cases. For example, anyone starting a civil cases. For example, anyone starting a civil case _now___(call, passive) ‘the claimant’; case _now___(call, passive) ‘the claimant’; previously the term used in most cases previously the term used in most cases ___(be) ‘the plaintiff’. The document___(use) ___(be) ‘the plaintiff’. The document___(use) to start cases is a claim form, rather than a to start cases is a claim form, rather than a writ or a summons. The new terms ___(use, writ or a summons. The new terms ___(use, passive) now, but the old terms still appear passive) now, but the old terms still appear in reports of cases decided before April 1999.in reports of cases decided before April 1999.

KeyKey

On 26 April 1999, new Civil Procedure Rules On 26 April 1999, new Civil Procedure Rules were brought into effect. They use much were brought into effect. They use much simpler language than previous rules. They also simpler language than previous rules. They also changed the vocabulary used in court cases. changed the vocabulary used in court cases. For example, anyone starting a civil case For example, anyone starting a civil case isis now now calledcalled ‘the claimant’; previously the term ‘the claimant’; previously the term used in most cases used in most cases waswas ‘the plaintiff’. The ‘the plaintiff’. The document document usedused to start cases is a claim form, to start cases is a claim form, rather than a writ or a summons. The new rather than a writ or a summons. The new terms terms are usedare used now, but the old terms still now, but the old terms still appear in reports of cases decided before April appear in reports of cases decided before April 1999.1999.


Permission to appeal ____Permission to appeal ____((require, require, passivepassive)) in most cases. It can ___(grant, in most cases. It can ___(grant, passive) by the lower court where the passive) by the lower court where the decision ____(make, passive) by the decision ____(make, passive) by the Court of Appeal. Permission to appeal Court of Appeal. Permission to appeal will____(grant, passive) where the court will____(grant, passive) where the court ____(consider) that an appeal would have ____(consider) that an appeal would have a real prospect of success or that there a real prospect of success or that there was some other compelling reason why was some other compelling reason why the appeal should ____(hear, passive). the appeal should ____(hear, passive).

KeyKey

Permission to appeal Permission to appeal is requiredis required in in most cases. It can be granted by the most cases. It can be granted by the lower court where the decision was lower court where the decision was made o by the Court of Appeal. made o by the Court of Appeal. Permission to appeal will only be Permission to appeal will only be granted where the court considers that granted where the court considers that an appeal would have a real prospect of an appeal would have a real prospect of success or that there was some other success or that there was some other compelling reason why the appeal compelling reason why the appeal should be heard. should be heard.


Permission to appeal ______(require, Permission to appeal ______(require, negative, passive) in cases where the negative, passive) in cases where the liberty of the individual is in issue; liberty of the individual is in issue; for example in an appeal against a for example in an appeal against a committal to prison for ____(break) committal to prison for ____(break) an injunction.an injunction.

KeyKey

Permission to appeal is not required Permission to appeal is not required in cases where the liberty of the in cases where the liberty of the individual is in issue; for example in individual is in issue; for example in an appeal against a committal to an appeal against a committal to prison for breaking an injunction. prison for breaking an injunction.

Fill in the missing words: breach, Fill in the missing words: breach, claimant, contract, courts, claimant, contract, courts,

damages, remedydamages, remedy The main ___awarded by the ____ is The main ___awarded by the ____ is

an order that an amount of money an order that an amount of money must be paid to the___. This is called must be paid to the___. This is called an award of _____. The object of an an award of _____. The object of an award of damages in cases of ___of award of damages in cases of ___of contract is to put the claimant in the contract is to put the claimant in the same position, as far as money can same position, as far as money can do it, as he would have been had the do it, as he would have been had the ___not been broken.___not been broken.

KeyKey

The main remedy awarded by the The main remedy awarded by the courts is an order that an amount of courts is an order that an amount of money must be paid to the claimant. money must be paid to the claimant. This is called an award of damages. This is called an award of damages. The object of an award of damages in The object of an award of damages in cases of breach of contract is to put cases of breach of contract is to put the claimant in the same position, as the claimant in the same position, as far as money can do it, as he would far as money can do it, as he would have been had the contract not been have been had the contract not been broken.broken.

Fill in the missing words: amount, Fill in the missing words: amount, assistance, cases, damages, assistance, cases, damages,

disabled, earningsdisabled, earnings General ___ are for matters which General ___ are for matters which

cannot be neatly itemised. In cannot be neatly itemised. In personal injury ___this will include personal injury ___this will include an _____ for pain and suffering and an _____ for pain and suffering and also for future loss of ____. It will also for future loss of ____. It will also include an amount for the cost also include an amount for the cost of nursing or other necessary ___, or of nursing or other necessary ___, or for adapting a home to accomodate a for adapting a home to accomodate a ____ person.____ person.

KeyKey

General damages are for matters General damages are for matters which cannot be neatly itemised. In which cannot be neatly itemised. In personal injury cases this will include personal injury cases this will include an amount for pain and suffering and an amount for pain and suffering and also for future loss of earnings. It will also for future loss of earnings. It will also include an amount for the cost of also include an amount for the cost of nursing or other necessary nursing or other necessary assistance, or for adating a home to assistance, or for adating a home to accomodate a disabled person.accomodate a disabled person.

behaviour, Criminal, law, behaviour, Criminal, law, order, rights,rules, order, rights,rules, sanctions, security sanctions, security

___ law is central to the relationship ___ law is central to the relationship between ___and society. It seeks to between ___and society. It seeks to regulate___; it provides ___against those regulate___; it provides ___against those who break those___. It is initmately who break those___. It is initmately linked with key social policy objectives, linked with key social policy objectives, such as the maintenance of law and such as the maintenance of law and ___and preservation of the peace, ___of ___and preservation of the peace, ___of the individual and the protection of the individual and the protection of property. It is also linked to other property. It is also linked to other objectives, especially the protection of objectives, especially the protection of human ___and individual freedoms.human ___and individual freedoms.

KeyKey Criminal law is central to the relationship Criminal law is central to the relationship

between law and society. It seeks to between law and society. It seeks to regulate behaviour; it provides sanctions regulate behaviour; it provides sanctions against those who break those rules. It is against those who break those rules. It is initmately linked with key social policy initmately linked with key social policy objectives, such as the maintenance of objectives, such as the maintenance of law and order and preservation of the law and order and preservation of the peace, security of the individual and the peace, security of the individual and the prtection of property. It is also linked to prtection of property. It is also linked to other objectives, especially the protection other objectives, especially the protection of human rights and individual freedoms.of human rights and individual freedoms.

law-makers, preservation, law-makers, preservation, procedure, provisions, rulesprocedure, provisions, rules One of the great difficulties ___face One of the great difficulties ___face

when thinking about the when thinking about the development of ___of criminal law development of ___of criminal law and criminal ___ is how to achieve a and criminal ___ is how to achieve a proper balance between the ___of proper balance between the ___of the crimnal law and the ____of the crimnal law and the ____of liberty and the freedom of the liberty and the freedom of the individual.individual.

KeyKey

One of the great difficulties One of the great difficulties law-law-makersmakers face when thinking about face when thinking about the development of rules of criminal the development of rules of criminal law and criminal law and criminal procedureprocedure is how is how to achieve a proper balance between to achieve a proper balance between the the provisionsprovisions of the crimnal law of the crimnal law and the and the preservationpreservation of liberty and of liberty and the freedom of the individual. the freedom of the individual.

Supply the appropriate Supply the appropriate legal termlegal term

The act of breaking or violating; The act of breaking or violating; breach, violationbreach, violation

InfractionInfraction A lawyer; and expert in the field of law, A lawyer; and expert in the field of law,

a person skilled in the philosophy or a person skilled in the philosophy or science of the lawscience of the law

JuristJurist To put in force; to cause to take effect; To put in force; to cause to take effect;

to give effect toto give effect to enforceenforce


Fairness, moral justness; recourse to Fairness, moral justness; recourse to justice to correct or supplement the justice to correct or supplement the law, system of law coexisting with and law, system of law coexisting with and superseding common and statute lawsuperseding common and statute law

EquityEquity The highest judicial functionary in the The highest judicial functionary in the

UKUK The Lord ChancellorThe Lord Chancellor


A way of puting something right; the A way of puting something right; the means given by law for the recovery or means given by law for the recovery or compensation of a rightcompensation of a right

RemedyRemedy The body of law and legal theory that is The body of law and legal theory that is

based on custom and made by judicial based on custom and made by judicial decisionsdecisions

Common lawCommon law A statute; a law made by the legislatureA statute; a law made by the legislature ActAct


A judicial decision that serves as a rule for A judicial decision that serves as a rule for future determinations in similar or future determinations in similar or analogous casesanalogous cases

PrecedentPrecedent To establish a legal and authoritative act; To establish a legal and authoritative act;

to make into a lawto make into a law EnactEnact A non-fulfilment of a contract; the failure to A non-fulfilment of a contract; the failure to

perform one or more of the promises of perform one or more of the promises of which a contract is made upwhich a contract is made up

Breach of contractBreach of contract


Voluntary agreementVoluntary agreement ConsentConsent A system of government in which A system of government in which

power is held by a central authoritypower is held by a central authority Unitary stateUnitary state The making of lawsThe making of laws legislationlegislation


The law which comprises the rights The law which comprises the rights and duties of sovereign states and duties of sovereign states towards each othertowards each other

Public international lawPublic international law The law which comprises the rights The law which comprises the rights

and duties of the citizens of different and duties of the citizens of different states towards each otherstates towards each other

Private international lawPrivate international law


An agreement between nationsAn agreement between nations TreatyTreaty An agreement between two or more An agreement between two or more

parties which is intended by them to parties which is intended by them to have legal consequenceshave legal consequences

ContractContract


a crime; an act or omission a crime; an act or omission punishable under the lawpunishable under the law

OffenceOffence A civil wrong; a wrong done by one A civil wrong; a wrong done by one

person to another and not arising person to another and not arising from a contractfrom a contract

torttort


Legal obligationLegal obligation LiabilityLiability The surrender of a person by one The surrender of a person by one

state to anotherstate to another ExtraditionExtradition Legal strength or forceLegal strength or force validityvalidity


The supreme legislative bodyThe supreme legislative body ParliamentParliament An organized body having the An organized body having the

authority to make lawsauthority to make laws LegislatureLegislature The giving of judgmentThe giving of judgment adjudicationadjudication


A law made by the legislature; and Act A law made by the legislature; and Act of Parliamentof Parliament

StatuteStatute One that makes or helps to make lawsOne that makes or helps to make laws LegislatorLegislator The book that contains the written lawThe book that contains the written law Statute bookStatute book


The collective term for judgesThe collective term for judges JudiciaryJudiciary The official head of the CabinetThe official head of the Cabinet Prime MinisterPrime Minister The chief ministers of the British The chief ministers of the British

governmentgovernment The CabinetThe Cabinet Public administrative officials in the UKPublic administrative officials in the UK Civil servantsCivil servants


Concerned with carrying laws into Concerned with carrying laws into effecteffect

ExecutiveExecutive A judicial disrict in England and WalesA judicial disrict in England and Wales CircuitCircuit Paid, full-time magistratesPaid, full-time magistrates Stipendiary magistratesStipendiary magistrates Subordinate, lay magistratesSubordinate, lay magistrates Justices of the peace (J.P.s)Justices of the peace (J.P.s)


The upper house of UK ParliamentThe upper house of UK Parliament The House of LordsThe House of Lords The lower house of UK ParliamentThe lower house of UK Parliament The House of CommonsThe House of Commons A member of the nobility who may A member of the nobility who may

sit in the House of Lordssit in the House of Lords peerpeer


A member of the legal profession A member of the legal profession whose main function is to argue cases whose main function is to argue cases in courtin court

BarristerBarrister The right to represent one’s client in a The right to represent one’s client in a

court of lawcourt of law Right of audienceRight of audience A society of solicitorsA society of solicitors The Law SocietyThe Law Society


A person who consults a solicitorA person who consults a solicitor Lay clientLay client A document recording how a person’s A document recording how a person’s

property is to be disposed after his property is to be disposed after his deathdeath

WillWill The whole of a person’s property The whole of a person’s property

according to the lawaccording to the law estateestate


The transfer of the ownership of The transfer of the ownership of property from one person to anotherproperty from one person to another

ConveyanceConveyance A statement of a client’s case written A statement of a client’s case written

by a solicitor by a solicitor BriefBrief A barrister-at-lawA barrister-at-law counselcounsel


To bring civil actionTo bring civil action SueSue A sum of money claimed or adjudged A sum of money claimed or adjudged

in compensation of loss or injuryin compensation of loss or injury DamagesDamages The failure to take reasonable care The failure to take reasonable care

to avoid foreseeable injury to othersto avoid foreseeable injury to others negligencenegligence


A room or set of rooms used by a A room or set of rooms used by a judge or several barristersjudge or several barristers

ChambersChambers Compensation in the form of a fixed Compensation in the form of a fixed

charge for professional servicecharge for professional service feefee A rough, preliminary version of a A rough, preliminary version of a

legal documentlegal document draftdraft


The right or authority of a court to The right or authority of a court to give judgment in a casegive judgment in a case

JurisdictionJurisdiction Imposing an obligation, duty or Imposing an obligation, duty or

responsibilityresponsibility bindingbinding


To reach agreement in a disputeTo reach agreement in a dispute SettleSettle A body of persons whose task is to A body of persons whose task is to

decide, on the evidence presented, decide, on the evidence presented, whether the accused is guilty or not whether the accused is guilty or not guiltyguilty

JuryJury To institute legal proceedings against, To institute legal proceedings against,

to accuse of a crimeto accuse of a crime prosecuteprosecute


A member of a juryA member of a jury JurorJuror A complaint to a superior court of an A complaint to a superior court of an

injustice done by an inferior courtinjustice done by an inferior court AppealAppeal The person who is sued in a civil The person who is sued in a civil

actionaction defendantdefendant

english for lawyers i revision. put the verbs in brackets into appropriate forms on 26 april 1999,...

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