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The Lawyer’s EnglishLanguage Coursebook
Unit 1
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© Catherine Mason & Rosemary Atkins 2007
THE LAWYER’S ENGLISH LANGUAGE COURSEBOOK
Supporting the TOLES series – the !or"#$s "ea#ing "ega" Eng"ish e%aminations$
This is nit One o' the e%(iting ne! pu)"i(ation* The La!yer$s Eng"ish Language Course)ook$+ This is the'irst unit o' a uni,ue ten part (ourse)ook to support stu#ents o' "ega" Eng"ish !or"#!i#e* parti(u"ar"y those
stu#ying 'or the TOLES series o' e%ams+ The )ook is #i-i#e# into easi"y managea)"e units* ea(h #ea"ing
!ith -ita" ski""s 'or the mo#ern internationa" "a!yer+ .t takes o'' 'rom a sensi)"e starting point 'or )oth
tea(hers an# stu#ents an# is re(ommen#e# 'or "earners !ho are more (on'i#ent in genera" Eng"ish as !e""
as those !ho are sti"" )ui"#ing their "anguage ski""s !hi"st stu#ying or pra(tising "a!+
The 'irst unit #ea"s !ith the "anguage o' the "ega" pro'ession an# the genera" areas o' "a! in !hi(h "a!yers
spe(ia"ise+ The (omp"ete "ist o' units in the )ook is as 'o""o!s/
l The "ega" pro'ession l The "anguage o' tort
l The "anguage o' )anking & 'inan(e l The "anguage o' emp"oyment
l The "anguage o' (ontra(t "a! l A((urate "etter !riting
l The "anguage o' )usiness "a! l n#erstan#ing (ontra(ts 1
l The "anguage o' (ompany "a! l n#erstan#ing (ontra(ts 2
WHY IS THIS LEGAL ENGLISH BOOK SO SUCCESSFUL?
This )ook takes Eng"ish 'or La! in a ne! #ire(tion+ .t is )ase# on (onsu"tations !ith internationa" "a!yers
as to !hat ski""s pra(tising "a!yers rea""y nee# to a(hie-e 'rom their Eng"ish "anguage stu#ies+ .ts uni,ue
sty"e an# approa(h is the resu"t o' hun#re#s o' tea(hing hours !ith "a!yers an# "a! stu#ents 'rom aroun#
the !or"#+ This )ook/
l assumes no e%isting kno!"e#ge o' "a! or "ega" Eng"ish )y either stu#ents or tea(hers+ .t
e%p"ains "ega" -o(a)u"ary in a re'reshing"y ("ear !ay +
l )ui"#s ski""s an# (on'i#en(e in "ega" Eng"ish 'rom a rea"isti( starting point + .t #oes not ask
stu#ents to )egin !ith tasks that are )eyon# their rea(h+
l keeps a genuine 'o(us on the "anguage o' the "a! an# #oes not ask stu#ents to !aste timeon irre"e-ant materia" that they !i"" not re,uire in their (hosen (areer+
l #ea"s !ith #eman#ing (ore su)3e(ts su(h as (ommer(ia" (ontra(ts an# "etter !riting in a
pra(ti(a"* in4#epth !ay that g"o)a" "a! 'irms re,uire+
l (ha""enges more e%perien(e# stu#ents to re'"e(t upon #eep4roote# mistakes in their "ega"
Eng"ish an# en(ourages se"'4(orre(tion at e-ery stage o' "earning+
l is up to #ate+ .t takes into a((ount re(ent "anguage re'orms an# 'orth(oming (hanges to
the "ega" system in the 5+
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© Catherine Mason & Rosemary Atkins 2007
THE LAYOUT OF THE BOOK
The )ook is stru(ture# in a user4'rien#"y !ay an# #oes not ask stu#ents to 'a(e #i''i(u"t tasks !ithout the
ne(essary preparation or support+
Ea(h o' the ten units is #i-i#e# into a -o(a)u"ary Se(tion A 6oun#ation an# a !orking ski""s Se(tion
8igher+ Se(tion A is -ita" preparation 'or the target tasks (ontaine# in se(tion + This stru(turea""o!s stu#ents to #e-e"op ski""s an# (on'i#en(e !hi"st keeping the 'o(us upon a((ura(y at a"" times+
At the en# o' ea(h se(tion there are some e%er(ises in the sty"e o' the TOLES e%ams !hi(h test the
-o(a)u"ary an# ski""s (o-ere# in that se(tion+ The ten units in this )ook -ary in "ength+ This is 'or t!o
reasons+ The 'irst is that more (ha""enging areas o' stu#y* su(h as un#erstan#ing (ontra(ts* re,uire more
e%p"anation an# repetition than others+ The se(on# is that the amount o' time #e-ote# to ea(h unit re'"e(ts
its re"e-an(e to o-erseas "a!yers+
Se(tion A 6oun#ation
l Supports stu#ents stu#ying to!ar#s the TOLES 6oun#ation e%amination+
l 6ami"iarises stu#ents !ith essentia" -o(a)u"ary to (omp"ete the rea"isti( tasks in Se(tion +
l .n(orporates use'u" he"p#esk$ se(tions throughout to en(ourage "earner in#epen#en(e+
l A use'u" stu#y ai# in itse"' to!ar#s the entire TOLES e%am series+
Se(tion 8igher
l Supports stu#ents !orking to!ar#s the TOLES 8igher e%amination+
l En(ourages a(ti-e use o' the -o(a)u"ary intro#u(e# in nit A+
l ase# on rea"isti( an# stimu"ating tasks+
l .n(orporates use'u" preposition an# (o""o(ation )anks to assist e''e(ti-e "earning+
THE AUTHORS
Catherine Mason an# Rosemary Atkins are (urrent"y tea(hers o' "ega" Eng"ish in Cam)ri#ge+ They )oth
ha-e a "ega" )a(kgroun# as !e"" as )eing e%perien(e# tea(hers o' Eng"ish as a 'oreign "anguage+ As a
team* they ha-e pro-i#e# training in "ega" Eng"ish 'or numerous "ea#ing "a! 'irms aroun# the !or"# as !e""
as !orking !ith the sta'' o' organisations su(h as the ritish Coun(i" an# The European Court o' 9usti(e+
THE TOLES EXAMINATION SERIES
The TOLES e%aminations are the !or"#$s market "ea#ers in "ega" Eng"ish e%aminations+ Many organisations
ha-e a"rea#y entere# (an#i#ates* in("u#ing the La! So(iety o' Eng"an# & :a"es+
.' you !ou"# "ike to kno! more a)out TOLES an# ho! the e%am series (an support you an# your stu#ents
p"ease (onta(t the TOLES o''i(e at in'o;to"es+(o+uk+
:e hope that you 'in# this unit o' the )ook use'u" an# that you en3oy using it+
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The Legal ProfessionUnit 1A/Foundation
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Unit 1A
/Foundation
THE LEGAL PROFESSION
WORKING IN LAW
Exercise 1
Look at this "ist o' "ega" o((upations+ A"" o' these peop"e !ork in "a!+ :e (a"" a"" o' the peop"e !ho !ork
in these 3o)s* the "ega" pro'ession$+ Mat(h the 3o)s !ith one o' the #es(riptions+
5ey -o(a)u"ary
l "a!yer l pra(tise l )arristers l "a! 'irm
l attorney l 3u#ge l training (ontra(t l a(ting 'or
l ,ua"i'ie# l "ega" pra(ti(e l partnership l represent
l "itigation l a#-o(a(y l p"ea#ing a (ase l spe(ia"ise
l right o' au#ien(e l appear l so"i(itors l ("ients
Exercise
Rea# this te%t a)out !orking in "a!+ The most important !or#s are in the key -o(a)u"ary )e"o!+ <e(i#e i'
the statements on the ne%t page are true or 'a"se+
There are t!o types o' "a!yer !ho pra(tise in
Eng"an#+ They are (a""e# )arristers an# so"i(itors +
.n the SA an# most other (ountries* "a!yers #on$t
make this #i-ision – a "a!yer is simp"y kno!n as an
attorney at "a!* or an attorney +
.n )oth Eng"an# an# the SA* it is not possi)"e to
take a spe(ia" e%am to )e a 3u#ge + .' you #e(i#e
that you !ant to )e a 3u#ge* you must get a "ot o'
e%perien(e as a "a!yer 'irst* then app"y to )e a
3u#ge an# !ait to see i' you are (hosen+
Most "a! stu#ents in Eng"an# )e(ome so"i(itors+
:hen they 'inish their uni-ersity stu#ies they #o a one
year "ega" pra(ti(e (ourse an# then a t!o4year
training (ontra(t !ith a "a! 'irm + A'ter that* they are,ua"i'ie# so"i(itors+ Many so"i(itors !ork 'or a "ega"
pra(ti(e * !hi(h is usua""y a partnership o' so"i(itors
!ho !ork together+ So"i(itors pra(tise in many areas
o' "a!* a"though ea(h so"i(itor usua""y (hooses to
spe(ia"ise in one parti(u"ar area+ They represent their
("ients )oth in an# out o' (ourt+ :e o'ten #es(ri)e
this as a(ting 'or a ("ient+ The pro(ess o' making a
("aim in the (i-i" (ourt is (a""e# "itigation +
arristers are se"'4emp"oye# "a!yers an# #on$t !ork
in partnerships in the !ay that so"i(itors #o+ They
are spe(ia"ists in a#-o(a(y * !hi(h is the ski"" o'
speaking 'or someone in (ourt+ :e (a"" this
p"ea#ing a (ase + They a"so gi-e opinions on areas
o' "a! to so"i(itors an# the so"i(itors$ ("ients+ .t is
not 3ust )arristers !ho ha-e the right o' au#ien(e
in (ourt – so"i(itors are a"so a""o!e# to representtheir ("ients in (ourt an# many so"i(itors appear in
(ourt e-ery #ay+ .t is not true to say that a ("ient
a"!ays nee#s a )arrister in (ourt+
This person is a "a!yer !ho gi-es "ega" a#-i(e an# opinions to so"i(itors+ 8e or she passe# the
e%ams o' the ar Coun(i" o' Eng"an# & :a"es at the en# o' his or her stu#ies+
This person is a "a!yer !ho gi-es "ega" a#-i(e to in#i-i#ua"s an# (ompanies+ 8e or she passe# his
or her e%ams in the SA at the en# o' his or her stu#ies an# is usua""y a mem)er o' the Ameri(an
ar Asso(iation+
This person is a "a!yer !ho gi-es "ega" a#-i(e to in#i-i#ua"s an# (ompanies+ 8e or she passe# the
e%ams o' the La! So(iety o' Eng"an# & :a"es at the en# o' his or her stu#ies+
This the genera" 3o) tit"e that !e use 'or peop"e !ho !ork as a so"i(itor* )arrister or attorney+#
(
)
a
So"i(itor Attorney arrister La!yer
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Unit 1A /
Foundation
a There are t!o types o' "a!yer pra(tising in Eng"an#+ True 6a"se
) Last year . 'inishe# my training (ontra(t an# . starte# !orking 'or a True 6a"se
"arge internationa" "a! 'irm+ . am no! a ,ua"i'ie# "a!yer+
( On"y )arristers (an speak on )eha"' o' ("ients in (ourt+ True 6a"se
# Many so"i(itors !ork together in partnerships )ut )arristers #on$t+ True 6a"se
e .n the SA an# Eng"an# "a!yers (an take a spe(ia" e%am to )e a 3u#ge+ True 6a"se
MAKING A CLAIM IN THE CI!IL COURT
.n the Eng"ish an# Ameri(an "ega" systems !e #i-i#e the "a! into t!o main areas+ These are (rimina" "a!
an# (i-i" "a!+
This means that e-erything that is not a (rimina" matter is a (i-i" matter+
a Mr e""er)y is opening a ne! 'a(tory+ 8e
nee#s to -isit a "a!yer to get a (ontra(t 'or
a"" o' his emp"oyees to sign+
(rimina" (i-i"
) Mrs Ro)son is thinking a)out !hat she !antsto happen to her house an# possessions a'ter
her #eath+ She nee#s to -isit a "a!yer to get
the (orre(t #o(ument* !hi(h is (a""e# a !i""$+
(rimina" (i-i"
( The po"i(e are taking Mr <ean to the po"i(e
station )e(ause they say he sto"e a (ar+ 8e
nee#s a "a!yer to (ome an# -isit him there
to te"" him !hat to #o+
(rimina" (i-i"
# Mr 6"ynn o!ns a restaurant+ 8e has a
(ontra(t !ith a (ompany to #e"i-er 'ruit an#
-egeta)"es to his restaurant+ The (ompany
#i#n$t #e"i-er them on the agree# #ate* so
Mr 6"ynn "ost money )e(ause he (ou"# not
open his restaurant that #ay+ Mr 6"ynn nee#sto see a "a!yer a)out asking the #e"i-ery
(ompany to gi-e him the money he "ost+
(rimina" (i-i"
e Mr A""en is a )ank manager+ The )ank is
saying that some money is missing+ Mr A""en
has a ne! (ar an# e%pensi-e ("othes+ The
po"i(e are (oming to ask Mr A""en some
,uestions+ 8e nee#s a "a!yer imme#iate"y+
(rimina" (i-i"
Exercise 1
Look at these situations an# #e(i#e i' the person nee#s a (rimina" "a!yer or a (i-i" "a!yer+
.n other !or#s* is it a (rimina" matter or a (i-i" matter =
He"# $es%
:hat #o these !or#s mean=
(rimina" "a! – the "a! that punishes a(ts
against a person or against property that peop"e
(onsi#er to )e harm'u" to the !ho"e (ommunity+
The state prose(utes (rimina"s+
(i-i" "a! – the "a! (on(erning the rights an#
#uties o' pri-ate in#i-i#ua"s an# (ompaniesrather than (rimina" matters+
a matter – a su)3e(t or situation* e+g+ a (rimina"
matter* a (i-i" matter+
a !i"" – a "ega" #o(ument in !hi(h a person gi-es
#etai"s o' !hat they !ant to happen to their
property a'ter their #eath+
to stea" sto"e – to take something that )e"ongs
to someone e"se !ith the intention o' keeping it+
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Unit 1A
/Foundation
He"# $es%
:hat #o these !or#s mean=
to )e in #ispute – to ha-e a serious
#isagreement !ith another person+
a party to a (ourt (ase – the ("aimant or the
#e'en#ant+
to o!e money to someone – to ha-e to pay
someone 'or something that they ha-e #one 'or
you or gi-en to you+
"ega" (osts – the (ourt 'ees an# payment 'or the
"a!yer !ho is a(ting 'or you+
a pro(e#ure – a #e(i#e# !ay o' #oing
something+
to prose(ute – to take "ega" a(tion against
someone in the (rimina" (ourt+
Exercise
Rea# the in'ormation )e"o!+ .t is a)out starting a ("aim in the (i-i" (ourt+ <e(i#e i' the statements un#er it
are true or 'a"se+
Starting a ("aim in the (i-i" (ourt
:hen you are in #ispute !ith another person
sometimes it is ne(essary to start a ("aim in the(i-i" (ourt+ :e sometimes (a"" this pro(ess 'i"ing a
("aim$ or issuing a ("aim$+ La!yers a"so say*
starting pro(ee#ings$+ :e #o not use the -er) to
prose(ute$ in (i-i" "a! )e(ause that -er) is on"y
use# in (rimina" "a!+ .n Eng"an# most (i-i" ("aims
are 'i"e# in the County Court+ There are o-er 200
County Courts in Eng"an# an# :a"es+ Most (ities
an# "arge to!ns ha-e a County Court+
The person !ho starts the ("aim is (a""e# the
("aimant in the 5+ This person !as (a""e# the
p"ainti'' unti" 1>>>* !hen there !ere ne! (ourtru"es in Eng"an# to make e-erything easier 'or
peop"e to un#erstan#+ 8o!e-er* in the SA the
("aimant is sti"" (a""e# the p"ainti''+ .n )oth Eng"an#
an# the SA the other party is (a""e# the #e'en#ant+
A ("aim 'orm is the #o(ument that a ("aimant uses
to start "ega" a(tion against the #e'en#ant+
:hy might a ("aimant start a ("aim= There are a "ot
o' reasons* 'or e%amp"e/
l someone re'uses to pay you money that theyo!e to you
l someone #oes a 3o) 'or you* )ut they #o it
)a#"y – !e (a"" this )a# !orkmanship
l something that you pai# 'or is not supp"ie# to you
l something that you )ought is not !orking proper"y+
The ("aimant has to pay a sum o' money* (a""e# a
(ourt 'ee* 'or the (ourt to issue pro(ee#ings+ .n the
("aim 'orm* the ("aimant must state the amount o'
his or her ("aim an# re,uest the #e'en#ant to pay
a"" o' the "ega" (osts o' the (ase+
Sometimes peop"e ta"k a)out the sma"" ("aims
(ourt$+ They rea""y mean the spe(ia" pro(e#ure that
e%ists at the County Court 'or sma"" ("aims+ A sma""
("aim is a ("aim 'or a ma%imum amount o' ?@000+
a Starting a ("aim means the same as starting pro(ee#ings+ True 6a"se
) ou (an prose(ute$ someone in the (i-i" (ourt+ True 6a"se
( There are more than 200 County Courts in Eng"an# an# :a"es+ True 6a"se
# The !or# p"ainti''$ is not use# in Eng"an# any more )ut it is use# True 6a"se
in the SA+
e .t is 'ree to start a ("aim in the County Court+ True 6a"se
' There is a spe(ia" (ourt in a separate )ui"#ing 'or making sma"" ("aims+ True 6a"se
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Unit 1A /
Foundation
Exercise &
8ere are some important e%pressions !hi(h "a!yers use !hen they ta"k a)out starting a ("aim in the (i-i"
(ourt+ Comp"ete the senten(es )y mat(hing the 'irst ha"' o' ea(h senten(e !ith the (orre(t en#ing+
ToB issue a ("aim means to
a To pay a 'ee means to
) To ser-e a ("aim upon someone means to
( To respon# to a ("aim means to
# To hear a (ase means to
e To 'in# in 'a-our o' someone means to
' To gi-e a 3u#gment means to
g To make an or#er means to
h A)ai"i'' is a person !ho
(on'irm that you ha-e re(ei-e# the ("aim an#
to say !hat you !i"" #o ne%t+
start a ("aim in the (i-i" (ourt+
"isten to the #etai"s o' the ("aim an# "isten to
!hat the ("aimant an# the #e'en#ant say a)out
their #ispute+
pay the (ourt an amount o' money 'or issuing
the ("aim+
(an "ega""y take a person$s property !hen that
person #oes not pay money that he or she o!es+
o''i(ia""y announ(e the resu"t o' the (ase+ The
3u#ge may gi-e the reasons 'or the #e(ision+
sen# the ("aim to the #e'en#ant$s a##ress
an# make sure that he or she re(ei-es it+
#e(i#e that this person has !on the (ase+
o''i(ia""y state !hat someone has to #o* an#
ho! an# !hen he or she must #o it+
Exercise '8ere are the steps in !hi(h a ("aim goes through the County Court+ 6i"" the gaps !ith a !or# 'rom E%er(ise D+
a The ("aimant a ("aim in the County Court+
) The ("aimant !i"" ha-e to pay a + The amount #epen#s on the amount o' money that
the ("aimant is ("aiming+
( The (ourt or the ("aimant$s so"i(itor the ("aim upon the #e'en#ant+ This means that
they sen# it to the #e'en#ant$s a##ress an# make sure that the #e'en#ant re(ei-es it+
# The #e'en#ant has 1F #ays 'rom the #ay he or she re(ei-es the ("aim to to it+ The
#e'en#ant (an a#mit the ("aim* !hi(h means to agree that the ("aim is right* an# pay the money that
the ("aimant !ants* or the #e'en#ant (an #e'en# the ("aim+
e .' the #e'en#ant #e(i#es to #e'en# the ("aim* a 3u#ge !i"" the (ase in the County Court+
' The 3u#ge !i"" gi-e his or her 3u#gment+ The 3u#ge !i"" in 'a-our o' the ("aimant or
the #e'en#ant+
g The parties must 'o""o! the terms o' the that the 3u#ge makes an# they must make
sure that they o)ey any instru(tions a)out time "imits+
h .' the or#er says that the #e'en#ant must pay money to the ("aimant then the ("aimant (an use theser-i(es o' a to (o""e(t that money i' the #e'en#ant #oes not pay+
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Unit 1A
/Foundation
AREAS OF LAW
Exercise 1
.n Eng"an# an# the SA there is an area o' "a! (a""e# the "a! o' tort$+ .t is the "a! o' (i-i" responsi)i"ity+
.t is an area o' (i-i" "a!+
Rea# this te%t a)out the "a! o' tort+ The most important !or#s are in the key -o(a)u"ary )e"o!+ Ans!er the
,uestions that 'o""o!* using a 'u"" senten(e+
5ey -o(a)u"ary
l "a! o' tort l (are"essness l tort l #amages
l in3ure# person l (ommitte# l to sue l groun#s
l a""egations l neg"igen(e l no !in4no 'ee l )rea(h
The "a! o' tort says that e-eryone has a (i-i" #uty
to )e (are'u" an# not to hurt or harm another
person+ La!yers (a"" this (i-i" #uty* the #uty o'
(are$+ Sometimes peop"e )rea(h this #uty o' (are+
To )rea(h means to )reak+ Gery o'ten they )rea(hthe #uty o' (are )y a((i#ent )ut sometimes they #o
it #e"i)erate"y+ .' someone hurts or harms another
person )e(ause o' a )rea(h* !e (a"" this harm'u"
a(tion a tort + This means that some things that
might )e (rimina" in your "ega" system are a tort in
Eng"an# an# the SA+
Look at the "ist o' harm'u" a(tions )e"o!+ .n Eng"an#
an# the SA they are usua""y torts+
l "ea-ing the '"oor o' a shop in a #angerous
(on#ition so that a (ustomer 'a""s an# hurts
her "eg
l saying something that is )a# a)out someone*
!hi(h isn$t true
l !riting a story in a ne!spaper a)out someone*
!hi(h isn$t true
l p"aying "ou# musi( "ate e-ery night* !hi(h
#istur)s your neigh)ours
This area o' "a! is easier to un#erstan# )y thinking
o' a tort as )eing a type o' (i-i" !rong+ Ea(h o' the
torts "iste# a)o-e has a spe(ia" name+ The tort thathappens most o'ten is (a""e# neg"igen(e +
Heg"igen(e means that someone !as not (are'u"
enough an# this person$s (are"essness hurt
another person as a resu"t+ The person !ho is hurt
is (a""e# the in3ure# person +
:hen someone hurts you as a resu"t o' his or her
a(tions* you nee# to (onsu"t a "a!yer !ho
spe(ia"ises in the right area o' tort+ The "a!yer !i""
try to get you money 'rom the (are"ess person+ This
money is (a""e# (ompensation$ or* more (orre(t"y*
#amages $+ Sometimes the "a!yers (an$t agree on
the amount o' #amages+ :hen this happens* the
in3ure# person may #e(i#e to sue the person !ho
has hurt them+ Suing someone is a more in'orma"
!ay o' saying starting pro(ee#ings against
someone+ The ("aim 'orm !i"" state the ("aimant$s
a""egations against the #e'en#ant+ An a""egation is"ike an a((usation – the ("aimant is stating that
something happene#* )ut the #e'en#ant has the
opportunity to say this is not true+ The reasons 'or
going to (ourt are (a""e# the groun#s $+ The
groun#s 'or an a(tion in tort are that the #e'en#ant
(ommitte# a tort+
Sometimes a "a!yer !ho spe(ia"ises in the tort o'
neg"igen(e makes an agreement !ith a ("ient+ The
agreement is that i' the ("ient #oes not !in the (ase
then he or she #oes not ha-e to pay 'or the "a!yer$s
ser-i(es+ This is (a""e# a no !in4no 'ee $arrangement+ .t is a""o!e# in the 5 an# the SA+
E%amp"e ,uestion/ :hat is the #uty o' (are=
E%amp"e ans!er/ The #uty o' (are is the o)"igation to )e (are'u" an# not to hurt anyone+
a 8o! #o "a!yers say to )reak$ a #uty o' (are=
Ans!er/
) .n Eng"an# an# the SA* is the "a! o' tort an area o' (rimina" or (i-i" "a!=
Ans!er/
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Unit 1A /
Foundation
Exercise
Iut a !or# 'rom the key -o(a)u"ary in E%er(ise 1 into the 'o""o!ing senten(es+
a . am the o!ner o' the shop )e(ause there !as !ater on the '"oor an# . 'e"" an#
hurt my )a(k+
) . am a "a!yer !ho spe(ia"ises in the tort o' + Ieop"e are 3ust not (are'u" enoughJ
At the moment . am a(ting 'or the in3ure# person in more than 20 #i''erent (ases+
( The ma(hines in the ("othing 'a(tory !ere o"# an# #angerous an# one o' the emp"oyees in3ure# his
han#+ The emp"oyee sue# the 'a(tory o!ners an# got ?@000 in +
# .n your ("aim 'orm you a((use us o' )rea(hing our #uty o' (are+ :e #o not a((ept that your
are true an# !e !i"" #e'en# your ("aim in (ourt+
e <o you ha-e a goo# reason 'or suing the o!ner o' the hote"= :hat e%a(t"y are your 'or
starting "ega" a(tion=
Exercise &
8ere is a "ist o' some important areas o' "a!+ Rea# !hat the "a!yers say on the ne%t page+ They are ta"king
a)out the !ork they #o+ Mat(h the "a!yer !ith the (orre(t area o' "a!+
( There are #i''erent types o' tort+ .n genera"* !hat is a tort=
Ans!er/
# :hat is the name o' the tort that a person (ommits )e(ause he or she is (are"ess an# hurts someone
e"se as a resu"t o' this (are"essness=
Ans!er/
e :hat #oes suing mean=
Ans!er/
' :hat is the (orre(t name 'or the money that an in3ure# person gets 'rom the #e'en#ant in a su((ess'u"
a(tion in tort=
Ans!er/
g :hat is the (orre(t name 'or an arrangement !here a ("ient #oes not ha-e to pay his or her "a!yer i'
the ("ient "oses his or her a(tion in tort=
Ans!er/
a "a! o' (ontra(t
) (ompany "a!
( "an# "a!
# "a! o' tort
e "a! o' e,uity an# trusts
' emp"oyment "a!
g 'ami"y "a!
h immigration "a!
i inte""e(tua" property "a!
3 (rimina" "a!
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Unit 1A
/Foundation
<a-i# . !ork in He! ork+ . #ea" !ith ("ients 'rom other (ountries !ho !ant to (ome an# "i-e here+ . he"p
them to get permission 'rom the go-ernment to make their #ream o' "i-ing in the SA a rea"ity+$
Tom . am !ith a "a! 'irm in Man(hester+ . am no! in the se(on# year o' my training (ontra(t+
At the moment . #ea" !ith ("ients !ho are )uying or se""ing their house+ .t$s my 3o) to make
sure e-erything is (orre(t an# that the sa"e is -a"i# an# "ega"+$
9enni'er . !ork in a -ery e%(iting area o' "a! here in Los Ange"es+ . meet a "ot o' !riters an# musi(ians
an# sometimes e-en peop"e 'rom mo-ie stu#iosJ . prote(t their rights an# make sure that
no4one (an (opy their !ork an# make money 'rom it !ithout their permission+$
A"istair :hen . !rite the story o' my "i'e . !i"" (a"" my )ook* KRo))ers* Mur#erers an# other 6rien#s o'
mineJK . !ork in E#in)urgh* !hi(h is in S(ot"an#+ . #e'en# peop"e !ho are in trou)"e !ith the
po"i(e+ They may e-en go to prisonJ .t is my 3o) to he"p them+$
Sunitta . !ork in Sy#ney* Austra"ia+ . gi-e a#-i(e to peop"e !ho are unhappy "i-ing together an# they
!ant a #i-or(e+ Sometimes peop"e argue a)out money or the (are o' the (hi"#ren+ .t$s a #i''i(u"t
area o' "a! an# . 'ee" -ery sympatheti( to!ar#s my ("ients+$
Cory . !ork in Chi(ago+ . am ,uite 'amous on TG here in the SA+ That$s )e(ause Channe" 10 sho!
my a#-ertisement 'i-e times e-ery #ayJ . ask peop"e to (a"" me i' they !ere hurt or !ere in an
a((i#ent )e(ause some)o#y e"se !asn$t (are'u" enough+ .' peop"e are not (are'u"* then .$m
a'rai# they !i"" ha-e to pay #amagesJ$
5ay"eigh . !ork in Christ(hur(h* He! ea"an#+ Most o' my ("ients ha-e pro)"ems at !ork+ . sa! a "a#y
this morning !ho is going to ha-e a )a)y+ :hen she to"# her )oss that she is pregnant* he 'ire#
her 'rom her 3o)+ That is not "ega" in He! ea"an# an# . !i"" he"p her to #o something a)out it+$
Mi(hae" . !ork 'or a -ery )ig Lon#on "a! 'irm+ Our ("ients are )anks an# other )ig )usinesses+ To#ay
. am !orking on a merger agreement* !hi(h means that t!o (ompanies are 3oining together to
)e(ome one+ ester#ay . a#-ise# a ne! ("ient !ho !ants to start an internet (ompany on the
#i''erent !ays he (an #o it+$
Mary . am )ase# in <u)"in* the (apita" (ity o' .re"an#+ . see peop"e or (ompanies !ho !ant to make a
"ega" agreement !ith another person or (ompany+ To#ay . am #ea"ing !ith an agreement to
#e"i-er goo#s 'rom .re"an# to the SA+ . ha-e to (he(k e-ery !or# -ery (are'u""yJ$
Io""y . !ork in a -ery o"# an# interesting area o' "a!+ To#ay . met a ("ient !ho is 70 years o"# an#
has no 'ami"y+ :hen she #ies* she !ants to put a"" o' her money into a spe(ia" 'un#+ 8er t!o
'rien#s !i"" use this money to he"p pay 'or a training s(hoo" 'or a(tors an# a(tresses 'rom her
home (ity here in Li-erpoo"+ . e%p"aine# to her ho! to #o that an# . !i"" #ra't the ne(essary "ega"
#o(uments 'or her+$
He"# $es%
:hat #o these !or#s mean=
to #ea" !ith someone or something – to #o
)usiness !ith someone or to take the (orre(t
a(tion in an area o' !ork+
"ega" – a""o!e# )y the "a!+
-a"i# – "ega""y (orre(t an# a((epta)"e+
to #ra't a #o(ument 4 to !rite a #o(ument+
to ha-e a right – in inte""e(tua" property "a! to
ha-e a "ega" interest in something it is yours+
ro))er – a person !ho stea"s money or property
using or threatening to use -io"en(e+
a #i-or(e – the "ega" en#ing o' a marriage+
to merge – in (ompany "a! !hen t!o
(ompanies 3oin together to 'orm one+
to )e )ase# some!here – to )e esta)"ishe#
some!here as the main p"a(e !here you !ork
or "i-e+
goo#s – things that are pro#u(e# so that they
(an )e so"#+
'un# – an amount o' money that a person or
organisation keeps to pay 'or somethingin parti(u"ar+
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1& © Catherine Mason & Rosemary Atkins 2007
Unit 1A /
Foundation
a A "a!yer !ho #ea"s !ith ("ients !ho are in trou)"e !ith the po"i(e is a spe(ia"ist in +
) Last year my )ank !ith a )ig Nerman )ank an# they are no! (a""e# Europank+
. think they are the )iggest )ank in Europe no!J
( A "a!yer !ho #ea"s !ith ("ients !ho (reate ne! in-entions su(h as me#i(ines or ma(hines* or ne!
artisti( !orks su(h as )ooks or musi(* is a spe(ia"ist in +
# . spent three hours this morning a (ontra(t 'or my ne! ("ient+ . think the (ontra(t is
rea#y 'or him to rea# an# sign no!+
e . !ant to put some o' my money into a 'un# 'or the )ene'it o' my gran#(hi"#ren* !hi(h they !i"" ha-e
!hen they rea(h the age o' 1+ . nee# to see a "a!yer !ho is a spe(ia"ist in +
' :e""* . am 'rom Lon#on )ut . am Amster#am at the moment )e(ause .$m !orking
'or a <ut(h (ompany+
g A "a!yer !ho #ea"s !ith ("ients !ho are #i-or(ing or !ho ha-e pro)"ems o-er the (are o' their
(hi"#ren is a spe(ia"ist in +
h The (ompany #e"i-ers a"" o-er the nite# States )y rai" an# )y tru(k+
i A "a!yer !ho #ea"s !ith peop"e !ho )rea(h their (i-i" #uty o' (are is a spe(ia"ist in +
3 That (ontra(t is not )e(ause your ("ient hasn$t signe# it+
Exercise '
Choose a !or# or phrase 'rom the )o% to (omp"ete the senten(es+
l #ra'ting
l the "a! o' e,uity
an# trusts
l (rimina" "a!
l -a"i#
l )ase# in
l goo#s
l inte""e(tua"
property "a!
l the "a! o' tort
l 'ami"y "a!
l merge#
Exercise (
Look at the !or#s an# phrases in the )o%+ A"" o' the !or#s are (onne(te# !ith spe(i'i( areas o' "a!+ Mat(h
ea(h o' the !or#s !ith the (orre(t #e'inition+
l un'air #ismissa"
l "ease o' "an# an#
)ui"#ings
l 'ormation o' a
)usiness
l "an#"or#
l maternity "ea-e
l #is(riminate
l tenant
l (apita"
l si(k pay
l inso"-ent
l (on-eyan(ing
l re#un#an(y
l partnership
l merger
l rea" estate
a To )e means not ha-ing enough money to pay your #e)ts+
) A is the 3oining together o' t!o or more things* su(h as (ompanies* to
'orm one sing"e thing or (ompany+
( A is a person !ho pays rent to the o!ner o' a house* a '"at or an o''i(e in
return 'or "i-ing there* or 'or using the )ui"#ing 'or )usiness purposes+
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© Catherine Mason & Rosemary Atkins 2007 11
Unit 1A
/Foundation
# is the "ega" pro(ess in-o"-e# in trans'erring the o!nership o' a house or "an#
'rom the se""er to the )uyer+
e To against someone means to )eha-e #i''erent"y to!ar#s that person*
usua""y in the !orkp"a(e* )e(ause o' their age* se% or the (o"our o' their skin+
' is a situation !here someone "oses his or her 3o) 'or a reason that is not -a"i#+
g is money that an emp"oyer must pay to an emp"oyee !hen that emp"oyeeis i"" an# (annot !ork+
h A is an agreement to a""o! someone to use "an# or )ui"#ings 'or a 'i%e#
perio# o' time in return 'or a payment o' rent+
i The is the esta)"ishment o' a ne! )usiness in a spe(i'i( !ay+
3 A is a )usiness !hi(h a minimum o' t!o peop"e o!n an# (ontro"+
k is the time perio# !hen a !oman is not at !ork )e'ore an# a'ter the )irth
o' her )a)y+ 8er emp"oyer usua""y pays her 'or part or a"" o' the time that she is a!ay+
" is the tota" amount o' money* property an# other assets that a )usiness has+
m is a situation !here someone "oses his or her 3o) )e(ause an emp"oyer no
"onger nee#s so many emp"oyees+
n A is a person !ho o!ns a house* a '"at or o''i(e an# re(ei-es rent 'rom
someone 'or a""o!ing them to "i-e there* or use the )ui"#ing 'or )usiness purposes+
o is a more 'orma" !ay o' saying "an# an# houses+
He"# $es%
:hat #o these !or#s mean=
o!nership – to ha-e o!nership o' a property
means that the property )e"ongs to you+ ou are
the o!ner o' the property+
assets – things that a person or (ompany o!ns+
#e)ts – sums o' money that you o!e+
rent – the money that someone pays* usua""y
e-ery month* to use a '"at* a house or an o''i(e
that )e"ongs to someone e"se+
'i%e# – something that is 'i%e# is (ertain an#
(annot )e (hange#+
E)#"*+)e,- "./ B0si,ess "./ L.,$ "./
Exercise A"" o' the !or#s an# phrases in E%er(ise @ )e"ong to either emp"oyment "a!* )usiness "a! or "an# "a!+ Iut
ea(h !or# or phrase un#er the (orre(t area o' "a!+
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1' © Catherine Mason & Rosemary Atkins 2007
Unit 1A /
Foundation
Exercise 2
Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the emp"oyment "a! se(tion +
a My )a)y !i"" arri-e at the en# o' Mar(h so . !i"" take si% months$ starting on 1 Mar(h+
) 8e sue# his emp"oyer on the groun#s o' )e(ause the reason his emp"oyer ga-e 'or
'iring him !as not -a"i#+
( .' you are i"" an# not a)"e to !ork you shou"# "ook at your (ontra(t to see i' you (an get +
# .t is against the "a! in Eng"an# 'or an emp"oyer to against an emp"oyee )e(ause o'
his or her age+
e Many emp"oyees are !orrie# a)out )e(ause a "ot o' )usinesses are ("osing in this
area at the moment+
Exercise 3Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the )usiness "a! se(tion+
a The is the 'orma" !ay o' saying the !ay in !hi(h a ne! )usiness is (reate#+
) The tota" o' the )usiness is -a"ue# at appro%imate"y ?D2 mi""ion+
( The )usiness #oes not ha-e enough money to pay its #e)ts an# is +
# There !i"" )e a ne%t year )et!een t!o ma3or ritish (hemi(a" (ompanies+
e My 'rien# an# . !ant to start a ("eaning )usiness together an# !e #e(i#e# that the )est thing to #o is to
(reate a +
Exercise 4
Comp"ete the 'o""o!ing senten(es )y using the !or#s 'rom the "an# "a! se(tion+
a 8e is a -ery goo# + 8e a"!ays pays the rent on timeJ
) My sister !orks in the Iroperty #epartment o' her "a! 'irm+ She a(ts 'or peop"e !ho are )uying an#
se""ing houses+ She is a spe(ia"ist in +
( :e #on$t o!n our house !e rent it+ The en#s in three months so !e !i"" ha-e to 'in#
some!here e"se to "i-e+
# 8e is the o' 'i-e houses in this area+ 8e makes a "ot o' money e-ery month 'rom the rent+
e The pri(e o' in this part o' the (ountry in(rease# a "ot "ast year+ .t is -ery e%pensi-e to
)uy a house+
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© Catherine Mason & Rosemary Atkins 2007 13
Unit 1A
/Foundation
UNIT 1A !OCABULARY CHECK
These are the important !or#s that you ha-e
stu#ie# in nit 1A+ ou shou"# make sure that
you kno! these !or#s )e'ore you go on to
nit 1+
a (t 'or
a#-o(a(y
a""egation
appear
attorney
)ai"i''
)arrister
to )e )ase# some!here
)rea(h
(apita"(are"essness
(ase
(i-i" "a!
("aimant
("ient
(ompany "a!
(on-eyan(ing
(rimina" "a!
#amages
#ea" !ith
#e)t
#e'en#ant
#is(riminate
#ispute
#i-or(e
#ra't
e mp"oyment "a!
'ami"y "a!
'ormation o' a )usiness
goo#s
groun#s
harm
hear
immigration "a!
in3ure# person
inso"-ent
inte""e(tua" property "a!
issue 3u#gment
"an# "a!
"an#"or#
"a! 'irm
the "a! o' (ontra(t
the "a! o' e,uity an# trusts
the "a! o' tort
"a!yer
"ease
"ega"
"ega" (osts
"ega" pra(ti(e
"itigation
maternity "ea-e
matter
merge
neg"igen(e
no !in4no 'ee
o)"igation
o!e
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to ha-e o!nership
partnership
party
p"ainti''
p"ea# a (ase
pra(tise
pro(e#urepro(ee#ings
to )e ,ua"i'ie#
rea" estate
re#un#an(y
represent
respon#
to ha-e a right
right o' au#ien(e
ser-esi(k pay
so"i(itor
spe(ia"ise
sue
tenant
tort
training (ontra(t
un'air #ismissa"
-a"i#!i""
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1 © Catherine Mason & Rosemary Atkins 2007
Unit 1A /
FoundationTOLES FOUN5ATION EXAM PRACTICE
Exercise 1
Look at the senten(es )e"o!+ Ea(h senten(e (ontains a mistake+ The mistake is either an in(orre(t !or#
or a !or# that shou"# not )e there+ Iut a (ir("e aroun# the !or#+ <o HOT (ir("e more than one ans!er 'or
ea(h senten(e+ There is an e%amp"e at the )eginning + B
E%amp"e
.n the nite# States they #o not #i''eren(e )et!een t!o separate kin#s o' "a!yer )e(ause a""B"a!yers are kno!n as attorneys+
1 :hen a stu#ent 'inishes his or her "ega" stu#ies he or she has to make a t!o4year training
(ontra(t !ith a "a! 'irm+
2 The "a! o' tort says that e-eryone must to )e (are'u" an# not harm other peop"e+
D . !i"" start my training (ontra(t !ith the Tay"or :a""is in Septem)er+
F .' !e issue a ("aim against you !e !i"" ask 'or a -ery high #amages+
@ 8e )rea(he# the (ontra(t an# . !i"" prose(ute him in the (i-i" (ourt+
Exercise
Look at the arti("e )e"o!+ Rea# it an# #e(i#e i' the statements un#er it are true or 'a"se+ :rite your
ans!ers in the )o% )e"o!+ There is an e%amp"e at the )eginning + B
San3ay Iritam is a partner !ith a "a! 'irm in Southampton in the south o' Eng"an#+ San3ay is a spe(ia"ist in
maritime "a!+ 8e (hose this area o' "a! )e(ause o' his 'ami"y history+ 8is 'ather o!ns a ship+ San3ay$s
'ather !orke# on this ship 'or his !ho"e "i'e+ San3ay !orke# !ith him 'or t!o years an# then he starte# his
"ega" stu#ies+ San3ay thinks this pra(ti(a" e%perien(e on a ship !as -ery use'u"+
Eng"ish "a! in'"uen(es most o' the "a! that go-erns internationa" maritime (ases+ 6or this reason* "a!yers
'rom a"" o-er the !or"# (onta(t San3ay$s o''i(e to ask him 'or his opinion* !hi(h he gi-es )y phone or emai"+
:hen maritime "a!yers are speaking in'orma""y they #i-i#e (ases into t!o (ategories+ They (a"" them #ry$
(ases an# !et$ (ases+ <ry (ases in-o"-e pro)"ems !ith shipping (ontra(ts an# !et (ases in-o"-e pro)"ems
at sea* su(h as ships that ha-e a((i#ents+ Most o' the (ases that San3ay #ea"s !ith (annot )e negotiate#
an# en# in "itigation+
E%amp"e
San3ay Iritam !orks in a 'ami"y "a! pra(ti(e+B
1 San3ay$s 'ather is a"so a "a!yer+
2 San3ay thinks it is goo# that he !orke# on a ship )e'ore he !as a "a!yer+
D San3ay usua""y tra-e"s to other (ountries to he"p "a!yers !ho ha-e ,uestions a)out maritime "a!+
F A maritime (ase in-o"-ing a )rea(h o' (ontra(t is in'orma""y (a""e# a #ry (ase$+
@ Most o' San3ay$s (ases go to (ourt )e(ause the parties (annot agree upon a so"ution+
6ALSEB 1 2 D F @
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© Catherine Mason & Rosemary Atkins 2007 1!
Unit 1A
/Foundation
Exercise &
8ere is a (on-ersation )et!een a "a!yer an# his ("ient+ The (on-ersation is mi%e# up+ Iut the (on-ersation
in the (orre(t or#er+ :rite your ans!ers in the )o%es num)ere# )e"o!+ There is an e%amp"e at the
)eginning * !hi(h is the start o' the (on-ersation+B
B Noo# Morning Mr Ro#rigueP+ Thank you 'or (oming to see me+ . un#erstan# that you !ou"# "ike to issue
a ("aim in the County Court=
a Three months is a "ong time+ . agree that you shou"# issue a ("aim+ . !i"" e%p"ain to you ho! it a"" !orks+
The 'irst thing that !e must #o is to (omp"ete a ("aim 'orm an# 'i"e it at the County Court+
) es* you !i"" ha-e to pay a 'ee+ ut i' you !in* the 3u#ge !i"" usua""y or#er the #e'en#ant to pay )a(k the
'ee+ The ne%t thing that happens a'ter !e 'i"e the ("aim is that the (ourt !i"" ser-e the ("aim 'orm upon
the #e'en#ant+
( es* that is (orre(t+ . think going to (ourt is the on"y thing that . (an #o+ . supp"y 'oo# to restaurants an#
(a'Qs in Chats!orth+ . ha-e a (ontra(t !ith a"" o' my (ustomers+ The (ontra(t states that a (ustomer
has 1F #ays to pay me 'rom the #ate they re(ei-e a #e"i-ery+ A (ustomer !ho o!ns a (a'Q in to!n is
three months$ "ate in paying me+ . !ou"# "ike to start pro(ee#ings against him+
# . see+ :hat in'ormation #o you nee# to (omp"ete the ("aim 'orm=
e 8e has 1F #ays to respon#+ .n this (ase . hope your (ustomer agrees that your ("aim is (orre(t an# that
he !i"" pay the money he o!es you !hen he re(ei-es the ("aim+ That is the )est thing that (an happen+
' . nee# the name an# a##ress o' your (ustomer+ :hen !e 'i"e the ("aim your (ustomer !i"" )e (a""e# the
#e'en#ant+ . a"so nee# the #etai"s o' your ("aim+ . nee# to kno! !hen the #e'en#ant re(ei-e# the
#e"i-ery 'rom you an# !hen he !as suppose# to pay you+ I"ease )ring me a (opy o' the (ontra(t so
that . (an (he(k the part o' it that ta"ks a)out payment+ 8o! mu(h money #oes he o!e you=
g An# !hen he re(ei-es the ("aim ho! many #ays #oes he ha-e to respon# to it=
h ?FD0+ . (an )ring a (opy o' the (ontra(t to your o''i(e this a'ternoon+ :hat happens !hen !e 'i"e the
("aim= <o . ha-e to pay a (ourt 'ee=
1 B 2 D F @ 7 >
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The Legal ProfessionUnit 1(/)igher
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© Catherine Mason & Rosemary Atkins 2007 1#
Unit 1(
/)igher
THE IMPORTANCE OF COLLOCATION
Co""o(ations are !or#s that 'orm natura" partnerships in Eng"ish+ 6or e%amp"e* !e say*
:hy (an$t !e say Merry He! ear$= .t$s )e(ause a nati-e !ou"#n$t e%pe(t these !or#s to go
together+ They #o not 'orm a goo# (o""o(ation+ Lega" Eng"ish is 'u"" o' (o""o(ations+ They might )e/
The key to "earning a((urate "ega" Eng"ish is to ha-e a goo# 'ami"iarity !ith (o""o(ation+ Some nouns 'orm
goo# (o""o(ations !ith more than one -er)+ Some nouns 'orm a goo# (o""o(ation !ith 3ust one -er)+ The
important thing is to start to noti(e a((urate (o""o(ations an# memorise them+ 6or e%amp"e/
As you !ork through this )ook you !i"" see many (o""o(ations+ To he"p you noti(e an# remem)er a((urate
(o""o(ations they ha-e )een put into a (o""o(ation )ank 'or you* "ike this/
THE LEGAL PROFESSION 6 WORKING SKILLS
Merry ChristmasJ$ )ut 8appy He! earJ$
l -er)noun
<o you a((ept "ia)i"ity =
l noun-er)
The gap has !i#ene# )et!een them+
l -er)a#-er)
Cou"# !e p"ease #is(uss this matter rationa""y =
to #ra't a (ontra(t
Noo# (o""o(ation/ to honour a (ontra(t
to )rea(h a (ontra(t
to !rite a (ontra(t
a# (o""o(ation/ to respe(t a (ontra(t
to in'ringe a (ontra(t
l a#3e(ti-enoun
She ma#e a 'ata" error +
l a#-er)a#3e(ti-e
This is a high"y (ontentious #ispute+
Exercise 1
Look at these senten(es+ They (ontain (o""o(ations that are in nit 1A+ Comp"ete the senten(es !ith a
!or# 'rom the 'our (hoi(es on the ne%t page+
a So"i(itors are a""o!e# to ("ients in (ourt+
) .$m a'rai# . (an$t he"p you+ . am a (ommer(ia" "a!yer an# this is a (rimina" +
( :hat are the 'or your (ase=
# . !i"" my 'ina" "a! e%ams in 9une o' ne%t year+
e My ("ient is a ne! 'a(tory an# he nee#s a#-i(e a)out the re"e-ant hea"th an#
sa'ety regu"ations+
C*""*c.-i*, 7.,%
l to #ra't a (ontra(t l to honour a (ontra(t l to )rea(h a (ontra(t
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1$ © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher
THE IMPORTANCE OF PREPOSITIONS
As you !ork through this )ook you !i"" see many prepositions+ To he"p you noti(e an# remem)er a((urate
prepositions in a "ega" (onte%t they ha-e )een put into a preposition )ank 'or you* "ike this/
a The 3u#ge a!ar#e# my ("ient € 20*000
#amages+
) Suing someone is a more in'orma" !ay o' saying
starting pro(ee#ings someone+
( A sma"" ("aim is a ("aim a ma%imum
o' ?@000+
# Stephen !orks 'or a "a! 'irm
Manhattan+
e :hen you are #ispute !ith someone
you (an start a ("aim in the (i-i" (ourt+
' Cou"# . take a "ook your
emp"oyment (ontra(t=
Exercise
sing the kno!"e#ge that you ha-e a)out (o""o(ations an# prepositions (orre(t the "anguage )e"o!+
My name is Luigi an# . am a "a!yer at Mi"an+ . !ork into a )ig "a! 'irm+ To#ay . am -ery )usy+ . am
!riting a (ontra(t to a ne! ("ient+ This a'ternoon . am speaking 'or a #i''erent ("ient in (ourt+ .t is a
#isrespe(t o' (ontra(t (ase+ . think !e !i"" !in the (ase )e(ause our reasons are -ery strong+$
a A represent !ork 'or C stan# 'or < a#-o(ate
) A issue matter C su)3e(t < point
( A groun#s reasons C moti-es < )asis
# A pass make C prepare < take
e A starting "aun(hing C opening < initiating
Pre#*si-i*, 7.,%
l an attorney at "a!
My #aughter is an attorney at "a! in At"anta+$
l to !ork on something
.$m (urrent"y !orking on a merger agreement+$
l to sen# a (he,ue 'or an amount o' money
I"ease sen# a (he,ue 'or ?2000+$
l su)3e(t to something
The goo#s are 'or sa"e at this pri(e su)3e(t
to a-ai"a)i"ity+$
Exercise 1
Comp"ete these senten(es !ith a preposition that you sa! in nit 1A+
My name is Luigi an# . am a "a!yer Mi"an+ . !ork a )ig "a! 'irm+ To#ay . am -ery
)usy+ . am a (ontra(t a ne! ("ient+ This a'ternoon . am a
#i''erent ("ient in (ourt+ .t is a o' (ontra(t (ase+ . think !e !i"" !in the (ase )e(auseour are -ery strong+$
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© Catherine Mason & Rosemary Atkins 2007 1%
Unit 1(
/)igher
SOLICITORS AN5 BARRISTERS
Exercise 1
<iana :i""iams is a "a!yer+ To#ay she is going to -isit a s(hoo" in her to!n to ta"k to the stu#ents a)out a
(areer in "a!+ 8ere are some o' <iana$s notes 'or her ta"k+ .n this se(tion she is ta"king a)out the t!o
separate pro'essions that e%ist in Eng"an#* so"i(itors an# )arristers+
6i"" in the gaps in the te%t !ith the (orre(t !or# 'rom the )o% )e"o!+
l partner l 3u#ge l ("ient l au#ien(e
l ,ua"i'y l pra(ti(es l so"i(itor l asso(iate
l partnerships l (ourt l attorney l issue#
My notes for careers talk at Chatsworth Hill School.
In England we have two different types of lawyer. One is known as a (a) ________
and the other is a arrister. !oth are called "lawyers#.$his can e a little conf%sing
eca%se in the &S' every lawyer is %s%ally known as an () ________. 'n English law
st%dent has to decide at soetie d%ring their %niversity st%dies which type of
lawyer they wo%ld like to ecoe when they finally (c) ________ as a lawyer.
Most English law st%dents decide to ecoe a solicitor. $hese are the lawyers that a
(d) ________ the person who pays for the services of a lawyer will %s%ally eet
first. Often the solicitor can help the client witho%t the need for a arrister.
Most solicitors work in sall private %sinesses known as (e) ________ in what arecalled "High Street firs#. $his phrase "High Street fir# refers to a typical sall
gro%p of solicitors working together in the type of offices that yo% can find on the
a*or streets of any English town or city. Many law firs are set %p as (f) ________.
' yo%ng lawyer will %s%ally work first as an (g) ________ of the fir and gain soe
e+perience while eing paid a fi+ed salary efore eing offered the opport%nity to
ecoe a (h) _______. ' typical High Street solicitor %s%ally specialises in a
partic%lar area of law s%ch as faily eployent or coercial law. Many people
elieve that solicitors cannot act for their clients in (i) ________ %t this is
%ntr%e.$ho%sands of solicitors appear in co%rt every day especially in the Co%nty
Co%rts where ost clais are (*) ________.
$he second type of lawyer fo%nd in England is known as a arrister. !arristers are
%s%ally specialists in a very partic%lar area of law. $hey give advice and opinions to
solicitors and their clients. !arristers have the right of (k) ________ (the right to
e heard y a *%dge) in all of the co%rts in the land. !arristers often share offices
known y the traditional nae of chaers altho%gh they all work alone as individ%als
eca%se they are foridden to work as partners. 'fter several years of e+perience
eers of either profession ay apply to preside over cases and sit as a
(l) _______. ,ithin the English legal syste a law st%dent cannot take an e+a to e
a *%dge %t has to wait to e appointed after soe years of e+perience as a lawyer.
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'& © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher
Exercise
Look at the so"i(itors$ a#-ertisements on the opposite page+ Ni-e the name an# the te"ephone num)er o'
the 'irm o' so"i(itors that . shou"# (a"" i' . ha-e the 'o""o!ing "ega" pro)"ems/
a . ha-e rea(he# the age o' @0 an# . am thinking a)out !hat . !ant to happen to my property a'ter
my #eath+
) . !ant to )egin a )usiness importing e"e(tri(a" goo#s 'rom one European nion (ountry into another
an# . !ant to kno! !hat the ru"es are+
( . am a !oman !ho is angry that a man #oing the same 3o) in the 'a(tory !here . !ork is pai# more
than . am+
# . am a -isitor to Eng"an# 'rom the S+ . (ame to !ork in Lon#on 1 months ago* !ith the permission
o' the ritish authorities+ 8o!e-er* . on"y ha# permission to )e here 'or a year an# no! . am a'rai#
)e(ause . ha-e )roken the "a!+
6irm o' so"i(itors Te"ephone num)er
a
)
(
#
C*""*c.-i*, 7.,%
l to ,ua"i'y as a "a!yer
l to a(t 'or a ("ient
l to sit as a 3u#ge
l to gain some e%perien(e
l to issue a ("aim
l to take an e%am
Pre#*si-i*, 7.,%
l to )e kno!n as something
They are kno!n as )arristers+$
l to ,ua"i'y as something
She ,ua"i'ie# as a "a!yer t!o years ago+$
l to go into partnership !ith someone
8e is going to go into partnership !ith
his )rother+$
l to spe(ia"ise in something
Tom spe(ia"ises in (ommer(ia" "itigation+$
l to !ork in a )usiness
8e !orks in a "a! 'irm )ut she !orks in a )ank+$
l to presi#e o-er a (ase
The insuran(e (ase has starte# an# 9u#ge
Mortimer is presi#ing o-er it+$
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© Catherine Mason & Rosemary Atkins 2007 '1
Unit 1(
/)igher
1st CALL ACCIDENT CENTRE
ACCI5ENT?IN8URE5?
Someone been careless?
NO WIN-NO FEE8ome an# hospita" -isits
6REEI8OHE 0@00 @2 1112
Swanhouse lace! Chatsworth
MARION KAYESolicitors
Professional, friendly, effective.
"us#ness Law
Commerc#al $ro$ert%
Commerc#al l#t#&at#on
E' Law
Insol(enc% Intellectual $ro$ert%
Lan)lor) an) Tenant
Te"e#9*,e: ;221 222 ('('
O''i(es in Lon#on* O%'or# an# Chats!orth
*udy (ar+laySo"i(itor
HMER OHE 6OR EMILOMEHT LA:
.' you ha-e a pro)"em in any o' the 'o""o!ing areas
(a"" to#ay 'or 'irst ("ass a#-i(e
H6A.R <.SM.SSAL RE<H<AHC
LL.HN <.SA.L.T R.N8TS
EUAL IA <.SCR.M.HAT.OH
REAC8 O6 COHTRACT
!!!+3u#y)ar("ay+(o+uk 0771 DDD>>>
2@ 8aymarket Lane* Chats!orth+
Iate" an# Co* So"i(itors
SIEC.AL.STS .H .MM.NRAT.OH LA:
.n("u#ing
(U,-.E,, --0AT-2. LA4 ork Per5its
Emai"/ Iau"ineIate";"a!+(om
Te"/ 0771 DDD 2D2D
F0 Roya" Cres(ent* Chats!orth+
C."" -*$.+<
6A7-6 2,, 4 C2,2L-C-T2,
Charity "a! Con-eyan(ing
Litigation :i""s an# Iro)ate
A((i#ent an# .n3ury
<i-or(e an# 6ami"y
in'o;ross'or3usti(e+(om
0771 222 00F
1F 8a-ery Roa#* Chats!orth
McC.r-9+ K+"e = C*YOUR LOCAL E5UCATION LAW SPECIALISTS IN CHATSWORTH
Spe(ia"ists in a"" areas o' E$0c.-i*, "./ in("u#ing/
S#eci." E5UCATION NEE5S > 5YSLEXIA > A5MISSIONS
AN5 EXCLUSIONS .,$ NEGLIGENCE CLAIMS
0771 F11 DD e"-e#ere Nar#ens* Chats!orth+
Su''ere# 'rom
,2L-C-T2,’ .E0L-0E.CE8Conta(t us no!
6REE initia" (onsu"tation BHO :.H4HO 6EE
6REEI8OHE 0@00 @F2 @F2
1st (a"" 'or a(tion
Matthe! Morrison So"i(itors@1 Uueen Anne S,uare* Chats!orth
Bsu)3e(t to assessment
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'' © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher
a Hot taking enough (are o-er something that
you are responsi)"e 'or !ith the resu"t that
mistakes are ma#e or someone is hurt+
The !or# is
) The pro(ess o' "ega""y trans'erring the o!nership
o' "an# or )ui"#ings 'rom one person to another+
The !or# is
( A situation !here someone has to "ea-e their
3o) )e(ause they are no "onger nee#e# )y
their emp"oyer+
The !or# is
# An organiPation that e%ists in or#er to (o""e(t
money* 'oo# or goo#s an# gi-e them to peop"e
!ho nee# them+
The !or# is
e The state o' a )usiness not ha-ing enough
money to pay !hat it o!es+
The !or# is
' A person or (ompany !hi(h pays rent to
another person to a""o! them to "i-e in or use
"an# or )ui"#ings+
The !or# is
Exercise '
Say !hether the 'o""o!ing statements a)out the a#-ertisements are true or 'a"se+
Exercise &
6in# a !or# in the a#-ertisements that mat(hes the 'o""o!ing #e'initions+
a .' . in-ent a ne! type o' !ater heater that . #on$t !ant anyone e"se True 6a"se
to )e a)"e to (opy* . shou"# (a"" 07771 777 @F@F+
) .' . !ant to stu#y "a!* . shou"# (a"" M(Carthy 5y"e an# Co+ True 6a"se
( Matthe! Morrison !i"" a"!ays a((ept any ("ient on a True 6a"se
no !in4no 'ee )asis+
# The 1st Ca"" A((i#ent Centre spe(ia"ises in the "a! o' tort+ True 6a"se
e Matthe! Morrison #ea"s !ith (omp"aints a)out other so"i(itors+ True 6a"se
C*""*c.-i*, 7.,%
l
to make a !i"" l
a )rea(h o' (ontra(t l
to )e ma#e re#un#ant
Pre#*si-i*, 7.,%
l to import goo#s 'rom another (ountry
She importe# her (ar 'rom e"gium+$
l to import goo#s into a (ountry
She importe# her (ar into Eng"an#+$
l to take (are o-er!ith something
I"ease take (are o-er!ith that #o(ument
)e(ause it is -ery important+$
l to #ea" !ith something or someone
Cou"# you p"ease #ea" !ith Mr 9ones 'or me
as . am )usy this morning=$
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© Catherine Mason & Rosemary Atkins 2007 '3
Unit 1(
/)igher
AREAS OF LAW
Exercise 1
Look at the !or#s in the )o% an# #e(i#e i' they (ome 'rom (i-i" "a! or (rimina" "a!+
a ro))ery (rimina" (i-i"
) (ontra(t (rimina" (i-i"
( partnership (rimina" (i-i"
# prison (rimina" (i-i"
e "itigation (rimina" (i-i"
' sue (rimina" (i-i"
g )usiness (rimina" (i-i"
h prose(ute (rimina" (i-i"
Exercise
Look at the (ategories o' (i-i" "a! an# mat(h them !ith the -ery simp"e #e'initions pro-i#e#+
Maritime "a!
The "a! o' tort
usiness an# (ompany "a!
Contra(t "a!
The "a! o' e,uity & trusts
.+T+ "a!
.nte""e(tua" property "a!
6ami"y "a!
Emp"oyment"a)our "a!
The "a! o' rea" property(on-eyan(ing
The "a! that #ea"s !ith the prote(tion o' the
rights o' in-entors !ho might in-ent a ne!
#rug or ma(hine or artistes !ho might !rite
a )ook or a song+
The "a! that #ea"s !ith situations !here
someone has (ontro" o' property 'or a perio#
o' time an# must "ook a'ter it 'or the )ene'it
o' someone e"se+
The "a! that #ea"s !ith e-ents su(h as
#i-or(e an# the (usto#y o' the right to "ook
a'ter (hi"#ren+
The "a! that #ea"s !ith e-erything (onne(te#
!ith in'ormation an# ho! it is passe#
)et!een peop"e* espe(ia""y )y means o'
the .nternet+
The "a! that #ea"s !ith "an#* in("u#ing
trans'erring the o!nership o' )ui"#ings or"an# 'rom one person to another+
The "a! that #ea"s !ith pri-ate agreements
)et!een peop"e or (ompanies an# tries to
make sure that no one su''ers a "oss i' an
agreement is )roken+
The "a! that #ea"s !ith e-ery (itiPen$s
responsi)i"ity not to harm other peop"e in
any !ay* e-en i' it is not a (ontra(tua" or
(rimina" situation+
The "a! that #ea"s !ith peop"e$s rights* pay
or (on#itions in the !orkp"a(e+
The "a! that #ea"s !ith the !ay )usinesses
are set up (reate# an# run operate# an#
ho! they must !ork in re"ation to ea(h other
an# the genera" pu)"i(+
The "a! that #ea"s !ith e-erything (onne(te#
!ith the sea or ships+
3
i
h
g
'
e
#
(
)
a
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Pre#*si-i*, 7.,%
l to pass in'ormation )et!een t!o peop"e or
among a group o' peop"e
On(e the (on'i#entia" in'ormation ha#
passe# )et!een the t!o o' them* it !as
kno!n among the !ho"e group in the o''i(e
in 3ust a 'e! #ays+$
l to )e marrie# to someone
She has )een marrie# to Ieter 'or
se-en years+$
l to )e on 'u"" pay
The (ompany suspen#e# him 'rom !orkon 'u"" pay+$
' © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher
Exercise &
Look at the situations )e"o! an# #e(i#e !hi(h area o' (i-i" "a! is re"e-ant+
a Anna agree# to pay Iau" ?F000 to "an#s(ape
the gar#en at her ne! house+ Iau" has no!
'inishe# the !ork )ut Anna says she is not
satis'ie# !ith it an# she has re'use# to pay him+
The area o' "a! is
) Caro"ine an# Susan !ant to start a )usiness
together+ They nee# a so"i(itor to #ra't an
agreement 'or them a)out ho! they !i"" share
a"" the responsi)i"ities o' the )usiness+
The area o' "a! is
( <anie" !ants his t!o year o"# gran#son* :ayne*
to ha-e his house !hen he #ies+ 8o!e-er* i'
<anie" #ies )e'ore :ayne is 21 years o"# <anie"
!ants his 'rien#* 8arry* to "ook a'ter the house
unti" :ayne rea(hes 21 years o"#+
The area o' "a! is
# Emi"y has )een in hospita" an# has )een -ery
i"" a'ter an operation+ She thinks that the
#o(tor !as neg"igent an# that he has ma#e
her i""ness !orse )y his a(tions+ She !ants to
("aim #amages+
The area o' "a! is
e i"" has )een marrie# to Ruth 'or 1F years+
8o!e-er* he no! !ishes to "ea-e Ruth an# "i-e
!ith 9ane+ i"" an# Ruth (annot #e(i#e ho! to
share their property )et!een them+
The area o' "a! is
' Ihi""ip has re(ei-e# an o''er to )uy his house*
)ut there is a pro)"em !ith the e%a(t position o'
the )oun#ary+ The )uyerVs so"i(itor must (he(k
this )e'ore the (ontra(t is signe#+
The area o' "a! is
g E"isa)eth$s (ompany transports goo#s 'rom
South Ameri(a to Eng"an# )y ship+ 8o!e-er*
there !as a )a# storm at sea "ast !eek an#
the ship (arrying the goo#s sank o'' the (oast
o' 6ran(e+
The area o' "a! is
h <a-i# has )een using the .nternet to sen# a "ot
o' pri-ate emai"s at !ork an# his )oss says that
this is an a)use o' the time 'or !hi(h he is pai#+
<a-i# has )een sent home 'rom !ork on 'u"" pay
)e(ause his )oss is in-estigating the situation+
The area o' "a! is
C*""*c.-i*, 7.,%
l to pass in'ormation l to su''er a "oss l to set up a )usiness
l to run a )usiness l to #ra't an agreement l to ("aim #amages
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© Catherine Mason & Rosemary Atkins 2007 '!
Unit 1(
/)igher
THE REGISTER OF LETTER WRITING
Exercise 1
<iana :i""iams has re(ei-e# this "etter 'rom a stu#ent at the s(hoo" !here she ga-e her ta"k+
The !or#s that ha-e )een un#er"ine# are too in'orma"+ Comp"ete the same "etter on the ne%t page )y
(hoosing a )etter !or# or phrase 'rom those in the )o%+
The Nate
Chats!orth
C81@ 2MM
Miss <iana :i""iams 2F Apri" 20WW
Chester an# Ie"ton* So"i(itors
227 Na""o!gate
Chats!orth
C81 FHN
<ear Miss :i""iams
Y*0r -."% .- C9.-s/*r-9 Hi"" Sc9**" ".s- /ee%
Thank you -ery mu(h 'or the ta"k that you ga-e to our ("ass on Tues#ay+ .t !as -ery
interesting+ . am thinking -ery serious"y a)out )e(oming a "a!yer an# . hope that you
(an ans!er some ,uestions a)out one or t!o things that !ere not in("u#e# in your ta"k+
a .n the 'irst p"a(e* . am a "itt"e !orrie# a)out the pro(ess o' ) using the (i-i" (ourt to
start o'' a "ega" pro(ess+ . am thinking o' getting a ("aim 'orm an# some "ea'"ets to try to
'in# out more+ .' . go to the County Court in Chats!orth* !i"" . )e a""o!e# to pi(k up a
("aim 'orm 3ust to "ook at= A"so* (ou"# you te"" me a "itt"e more a)out ( !riting more
(omp"i(ate# "ega" #o(uments su(h as (ontra(ts= . am -ery ner-ous a)out this part o'the !ork+ My mother an# 'ather )ought a ne! house re(ent"y an# the so"i(itor !ho #i#
the # rea" estate trans'er o' o!nership seeme# to #o a "ot o' -ery #i''i(u"t paper!ork+
:hat happens i' . make a mistake= Can the ("ient e start a (ase in the (ourt i' . gi-e
them ' !rong a#-i(e=
A"so* you sai# that in the 'uture there is going to )e a "ot o' g #is(ussing pro)"ems
!ith someone !ho (an he"p 'in# an agreement )et!een ("ients instea# o' going to
(ourt so o'ten+ This !orries me a "itt"e+ <oes it mean that there !i"" )e "ess !ork 'or
"a!yers an# some 'irms may think a)out making peop"e h out o' !ork=
i Last* you sai# that "a!yers usua""y !ork in partnership an# are rare"y 3 "a!yers !ho
!ork a"one+ :hat !i"" happen i' . 3oin a partnership a)out k getting the usua" pay 'rommy "a! 'irm !hen . am i""* or !hen . ha-e a )a)y an# . nee# to take " some time a!ay
'rom !ork to "ook a'ter him or her=
Thank you in a#-an(e 'or your he"p+
ours sin(ere"y
Emma Soame
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'" © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher
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l me#iation l si(k pay l 6irst"y l re#un#ant
l #ra'ting l 6ina""y l neg"igent l issuing a ("aim
l maternity "ea-e l (on-eyan(ing l sue l so"e pra(titioners
The Nate
Chats!orth
C81@ 2MM
2F Apri" 20WW
Miss <iana :i""iams
Chester an# Ie"ton* So"i(itors
227 Na""o!gate
Chats!orth
C81 FHN
<ear Miss :i""iams
Y*0r -."% .- C9.-s/*r-9 Hi"" Sc9**" ".s- /ee%
Thank you -ery mu(h 'or the ta"k that you ga-e to our ("ass on Tues#ay+ .t !as -ery
interesting+ . am thinking -ery serious"y a)out )e(oming a "a!yer an# . hope that you
(an ans!er some ,uestions a)out one or t!o things that !ere not in("u#e# in your ta"k+
a * . am a "itt"e !orrie# a)out the pro(ess o' ) +
. am thinking o' getting a ("aim 'orm an# some "ea'"ets to try to 'in# out more+ .' . go
to the County Court in Chats!orth* !i"" . )e a""o!e# to pi(k up a ("aim 'orm 3ust to
"ook at= A"so* (ou"# you te"" me a "itt"e more a)out ( more
(omp"i(ate# "ega" #o(uments su(h as (ontra(ts= . am -ery ner-ous a)out this parto' the !ork+ My mother an# 'ather )ought a ne! house re(ent"y an# the so"i(itor !ho
#i# the # seeme# to #o a "ot o' -ery #i''i(u"t paper!ork+ :hat
happens i' . make a mistake= Can the ("ient e i' . gi-e them
' a#-i(e=
A"so* you sai# that in the 'uture there is going to )e a "ot o' g
)et!een ("ients instea# o' going to (ourt so o'ten+ This !orries me a "itt"e+ <oes it
mean that there !i"" )e "ess !ork 'or "a!yers an# some 'irms may think a)out making
peop"e h =
i * you sai# that "a!yers usua""y !ork in partnership an# are rare"y
3 + :hat !i"" happen i' . 3oin a partnership a)out k * or !hen . ha-e a )a)y an# . nee# to take " =
Thank you in a#-an(e 'or your he"p+
ours sin(ere"y
Emma Soame
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Unit 1(
/)igher
LISTENING
Exercise 1
Listen to this trainee "a!yer speaking a)out his e%perien(e o' !orking 'or a ma3or "a! 'irm in Lon#on+
Some !or#s are missing 'rom the te%t+ Listen (are'u""y an# !rite the missing !or#s in the )o% )e"o!+
My name is Ro) 9ones an# . am a trainee !ith a "a! 'irm+ .$-e a"!ays !ante# to )e aa an# . (an$t imagine #oing any other 3o)+ . starte# !orking here at Tay"or
:a""is a year ago+ Tay"or :a""is is a g"o)a" "a! 'irm !ith its hea#,uarters in the City o' Lon#on+ .
stu#ie# "a! at Man(hester ni-ersity )ut . !ante# to #o my training (ontra(t in Lon#on )e(ause .
am intereste# in ) "a! an# )anking an# . think the )est positions !ith the
top "a! 'irms are here+ . think my parents !ere #isappointe# that . #i#n$t )e(ome a (
an# !ork in (ham)ers an# !ear a !ig in (ourt )ut . !asn$t intereste# in that at a""J
:ith this "a! 'irm the t!o4year training (ontra(t is #i-i#e# into 'our perio#s+ Ea(h si%4month perio#
is (a""e# a seat$+ My 'irst seat !as in the # #epartment+ That rea""y 3ust
means #ea"ing !ith (ompanies an# )usinesses+ . !as in-o"-e# in meeting ("ients* e
#o(uments an# took part in some -ery high -a"ue #ea"s+ O' (ourse* . ha# "ots o' support 'rom the
e%perien(e# peop"e !orking on my team !e (a"" them the prin(ipa"s )ut . !as surprise# at ho!
mu(h responsi)i"ity they ga-e me+
My se(on# seat !as in the Iroperty #epartment+ This in-o"-e# ' 'or ("ients
!ho !ere )uying an# se""ing #omesti( an# (ommer(ia" property* mu(h o' it o''i(e )ui"#ings here in
Lon#on+ . !as a)"e to get some e%perien(e o' g as !e"" as a "itt"e "an#"or#
an# h "a! !hen !e #ea"t !ith renta"s+
He%t . !i"" )e mo-ing into the i Iroperty #epartment+ .$m rea""y p"ease# a)out
that as it (o-ers ,uite a 'e! #i''erent areas o' "a! an# (an in-o"-e 'amous ("ients+ At the moment
the #epartment is #ea"ing !ith a )rea(h o' (opyright (ase 'or a 'amous musi(ian+
. hope to stay !ith Tay"or :a""is !hen . 3 as a "a!yer ne%t year+ .n 'a(t* .$m
"ooking 'or!ar# to )eing )ase# in Lon#on 'or most o' my "ega" (areer+$
a
)
(
#
e
'
g
h
i
3
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'$ © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher USING YOUR KNOWLE5GE
1 Co""o(ation re-ie!
Comp"ete these senten(es !ith a (o""o(ation that you ha-e seen+
a ou are @0 years o"# no! Mr 9ohnson* you shou"# rea""y think a)out a !i""+
) .' you #o not honour your si#e o' the agreement that you ha-e signe#* .$m a'rai# . !i"" ha-e to sue
you 'or o' (ontra(t+
( . ha-e spent the "ast 'e! hours a )usiness partnership agreement 'or t!o ne! ("ients+
# . 'inishe# my training (ontra(t an# starte# !ork t!o years ago* so .$m 'air"y ne! to the "ega"
pro'ession+ :hen #i# you as a "a!yer=
e . am thinking o' a ne! )usiness an# . nee# some a#-i(e a)out ho! to start+
' She has )een her o!n )usiness 'or se-era" years no! an# she has )een -ery
su((ess'u"+
g There are t!o separate pro'essions !ho are a""o!e# to "a! in Eng"an# )ut in the
SA they #on$t make this #i-ision+
h .$m a'rai# my ("ient a -ery serious "oss #ue to your ("ient$s a(tions+
i :e are starting pro(ee#ings imme#iate"y an# !e !i"" )e ("aiming o' ?10*000+
3 . am going to my "a! e%ams in 9une ne%t year+
2 Go(a)u"ary re-ie!
Comp"ete these senten(es !ith a !or# that you ha-e seen+
a A person !ho pays rent to a "an#"or# is a +
) 8e has !orke# 'or that (ompany 'or 20 years )ut )usiness isn$t goo# at the moment an# they might
ha-e to make him +
( They !ent into "ast year* !hi(h means they o!n an# run the )usiness together+
# She is an e%pert in pro(e#ures+ She #ea"s !ith (ompanies that #on$t ha-e enough
money to pay their #e)ts+
e She #ea"s !ith + .t (on(erns the )uying an# se""ing o' "an# an# houses an# making
sure the o!nership o' them is "ega""y trans'erre#+
' The pro(ess o' t!o peop"e ta"king a)out their "ega" pro)"em !ith an in#epen#ent person to he"p
them agree on a so"ution is (a""e# +
g .' you !ant to sue someone !ho hasn$t )een (are'u" enough* the groun#s 'or your (ase !ou"#
pro)a)"y )e +
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Unit 1(
/)igher
h The type o' "a!yer !ho !orks in (ham)ers an# p"ea#s (ases usua""y in the higher (ourts is kno!n
as a +
i Things that are pro#u(e# in or#er to )e so"# are (a""e# +
3 A "a!yer in the SA is usua""y kno!n )y the genera" name o' +
D Ireposition re-ie!
Comp"ete these senten(es !ith the (orre(t preposition+
a . am !orking a -ery interesting merger pro3e(t at the moment+
) A "an#"or# is a person !ho re(ei-es rent someone+
( .$m a'rai# that this 'irm #oes not #ea" (rimina" "a!+
# . am )ase# Sto(kho"m at the moment+
e .n your ("aim 'orm you ha-e ma#e some -ery serious a""egations my ("ient+
' She imports goo#s Nermany 'rom China+
g :hi(h 3u#ge is presi#ing this (ase=
h :e !i"" "en# you the money su)3e(t (on'irmation o' the amount o' your sa"ary+
i I"ease sen# a (he,ue ?20 to this a##ress+
3 8a-e you hear# the ne!s= 9enni'er an# Ste-en ha-e gone partnership+
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3& © Catherine Mason & Rosemary Atkins 2007
Unit 1(/
)igher TOLES HIGHER EXAM PRACTICE
Exercise 1
There is a !or# or phrase missing 'rom the 'o""o!ing senten(es+ 6or ea(h senten(e (hoose the !or# or
phrase !hi(h )est 'its into the spa(e 'rom the options pro-i#e#+ Iut a (ir("e aroun# the (orre(t ans!er
on the ans!er sheet +
<o not mark more than one ans!er 'or ea(h senten(e+
E%amp"e/ .' a person "oses his or her 3o) 'or a reason that is not -a"i# it is (a""e# un'air +B
1 So"i(itors are a""o!e# to 1 ("ients in (ourt+
2 This is a (rimina" 2 * so . !i"" ha-e to re'er you to a (o""eague !ho #ea"s !ith (rimina" "a!+
D . stu#ie# some "an#"or# an# D "a! !hen . !as at uni-ersity )ut . #on$t remem)er it no!+
F .t is "ega" in Eng"an# an# Ameri(a 'or some "a!yers to !ork on a no !in4no F )asis+
@ . #on$t think . !i"" e-er !ant to @ as a 3u#ge )e(ause . en3oy my 3o) as a so"i(itor+
. think it is 'air that e-eryone gets pay 'or #oing the same 3o)+
7 . ha-e #e(i#e# to spe(ia"ise in "an# "a! so . e%pe(t to )e #oing a "ot o' 7 +
My "a! 'irm has a goo# reputation 'or han#"ing property (ases* espe(ia""y i' (omputer
so't!are is (opie# !ithout the #esigner$s permission+
> .' a "a!yer is a""o!e# to )e hear# in a parti(u"ar (ourt !e say that he or she has right o' > +
10 .' you !ant the 3u#ge to a!ar# you #amages 'rom the #e'en#ant you !i"" ha-e to pro-e to the (ourt thatyou ha-e 10 a "oss+
Ans!er Sheet
E%amp"e/ B A 'iring re#un#an(y C #ismissa" < re"ease
1 A ta"k 'or a(t 'or C speak 'or < a#-o(ate 'or
2 A pro)"em topi( C su)3e(t < matter
D A renter o((upier C tenant < resi#ent
F A payment 'ee C sa"ary < money
@ A sit pra(tise C ar)itrate < ru"e
A same e,ui-a"ent C a"ike < e,ua"
7 A trans'erring assigning C re"o(ating < (on-eyan(ing
A in-ention (reati-e C inte""e(tua" < origina"
> A speaking (onsu"tation C hearing < au#ien(e
10 A su''ere# e%perien(e# C ha# < en#ure#
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© Catherine Mason & Rosemary Atkins 2007 31
Unit 1(
/)igher
Exercise
Rea# the te%t )e"o! an# think o' the !or# that )est 'its ea(h spa(e+ se on"y one !or# in ea(h spa(e+
:rite your ans!ers in the )o% )e"o!+
There is an e%amp"e at the )eginning + B
arristers at !orkLi'e as a )arrister is prestigious )ut it (an a"so )e e%treme"y stress'u"+ 9u"ia #e ur(a is a )arrister in
Lon#on+ The 'irst #i''i(u"ty 9u"ia ha# !as to as a )arrister at a""+ On"y @00 or so "a!Bstu#ents manage to pass the ar Go(ationa" Course in Eng"an# an# :a"es e-ery year+ .n an a-erage year
appro%imate"y 1*@00 stu#ents )egin the (ourse* so many #o not make it+
The ar Go(ationa" Course is #es(ri)e# as a )ri#ge )et!een the a(a#emi( stu#y o' "a! an# ha-ing to
a(tua""y 1 "a! in the rea" !or"#+ 9u"ia passe# the (ourse three years ago+
.n a typi(a" #ay 9u"ia "ea-es her '"at at 7+D0am an# arri-es at 2 * the spe(ia" name 'or a
)arrister$s o''i(e* at +D0am+ 9u"ia shares a )ui"#ing !ith 1F other )arristers+ 8o!e-er* they are not
partners+ arristers are a""o!e# to share o''i(e a((ommo#ation )ut they are not a""o!e# to 'orm
D + E-ery )arrister is se"'4F +
.' she is representing a ("ient that #ay 9u"ia tra-e"s #ire(t"y to (ourt+ Speaking on )eha"' o' a ("ient in (ourt
is (a""e# @ a (ase+ As a )arrister* 9u"ia has the right o' au#ien(e in (ourt at e-ery "e-e"+ She
is a (on'i#ent * !hi(h means that she is ski""e# at speaking in (ourt+ 9u"ia is -ery
su((ess'u" in (ourt* as she "o-es pu)"i( speaking+ She is a"so re,uire# to #o a "ot o' resear(h an# a "ot o'
7 * !hi(h means !riting "ega" #o(uments+ On #ays !hen 9u"ia is not in (ourt she spen#s her
time preparing (ases an# !riting opinions+ She usua""y "ea-es !ork at aroun# 7+D0 pm* taking any !ork
that is not 'inishe# !ith her+ 9u"ia o'ten !orks "ong hours o-er the !eeken#+
9u"ia is a spe(ia"ist in inso"-en(y* so she a#-ises ("ients !ho money )ut 'or some reason
they (annot pay+ A"" o' 9u"ia$s ("ients are (ompanies+ :hen a (ompany has 'inan(ia" pro)"ems* 9u"ia !i""
a#-ise the (ompany i' it (an "ega""y (ontinue tra#ing+ She sometimes has to #e'en# ("ients in (ourt !hen
"ega" > ha-e )een issue# against them+ .' her ("ient "oses the (ase an# the 3u#ge a!ar#s10 to the ("aimant then 9u"ia !i"" a#-ise her ("ient on !hat to #o ne%t+
E%amp"e ,ua"i'yB
1
2
D
F
@
7
>
10
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Answer 9ey
H.T 1AT8E LENAL IRO6ESS.OH
:OR5.HN .H LA:
Exercise 1 pDa+ arrister
)+ Attorney
(+ So"i(itor
#+ La!yer
Exercise pF
a+ True
)+ True
(+ 6a"se
#+ True
e+ 6a"se
MA5.HN A CLA.M .H T8E C.G.L CORT
Exercise 1 pF
a+ (i-i"
)+ (i-i"
(+ (rimina"
#+ (i-i"
e+ (rimina"
Exercise p@
a+ True
)+ 6a"se
(+ True
#+ True
e+ 6a"se
'+ 6a"se
Exercise & p
a+ pay the (ourt an amount o' money 'or
issuing the ("aim+
)+ sen# the ("aim to the #e'en#ant$s a##ress
an# make sure that he or she re(ei-es it+
(+ (on'irm that you ha-e re(ei-e# the ("aim an#
to say !hat you !i"" #o ne%t+
#+ "isten to the #etai"s o' the ("aim an# "isten to
!hat the ("aimant an# #e'en#ant say a)out
their #ispute+
e+ #e(i#e that this person has !on the (ase+
'+ o''i(ia""y announ(e the resu"t o' the (ase+
The 3u#ge may gi-e the reasons 'or the
#e(ision+
g+ o''i(ia""y state !hat someone has to #o* an#
ho! an# !hen he or she must #o it+
h+ (an "ega""y take a person$s property !hen
that person #oes not pay money that he or
she o!es+
Exercise ' p
a+ issues
)+ 'ee
(+ ser-es
#+ respon#e+ hear
'+ 'in#
g+ or#er
h+ )ai"i''
AREAS O6 LA:
Exercise 1 p7
a+ La!yers say to )rea(h a #uty o' (are+
)+ .n Eng"an# an# the SA the "a! o' tort is an
area o' (i-i" "a!+
(+ A tort is a type o' (i-i" !rong+
#+ The name o' this tort is neg"igen(e+
e+ Suing means starting pro(ee#ings against
someone+
'+ The (orre(t name 'or this money is #amages+
g+ The (orre(t name 'or this arrangement is a
no !in4no 'ee arrangement+
Exercise p
a+ suing
)+ neg"igen(e
(+ #amages
#+ a""egations
e+ groun#s
Exercise & p
a+ Mary
)+ Mi(hae"
(+ Tom
#+ Cory
e+ Io""y
'+ 5ay"eigh
g+ Sunitta
h+ <a-i#
i+ 9enni'er
3+ A"istair
Exercise ' p10
a+ (rimina" "a!
)+ merge#
(+ inte""e(tua" property "a!
#+ #ra'ting
e+ the "a! o' e,uity an# trusts
'+ )ase# in
g+ 'ami"y "a!
h+ goo#s
i+ the "a! o' tort
3+ -a"i#
ANSWER KEY
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© Catherine Mason & Rosemary Atkins 2007 33
Answer 9eyExercise ( p10
a+ inso"-ent
)+ merger
(+ tenant
#+ Con-eyan(ing
e+ #is(riminate
'+ n'air #ismissa"
g+ Si(k pay
h+ "ease o' "an# an# )ui"#ings
i+ 'ormation o' a )usiness
3+ partnership
k+ Maternity "ea-e
"+ Capita"
m+ Re#un#an(y
n+ "an#"or#
o+ Rea" estate
Exercise p11
Emp"oyment "a!
un'air #ismissa"
maternity "ea-e
#is(riminate
si(k pay
re#un#an(y
usiness "a!
'ormation o' a )usiness
(apita"
inso"-ent
partnership
merger
Lan# "a!
"ease o' "an# an# )ui"#ings"an#"or#
tenant
(on-eyan(ing
rea" estate
Exercise 2 p12
a+ maternity "ea-e
)+ un'air #ismissa"
(+ si(k pay
#+ #is(riminate
e+ re#un#an(y
Exercise 3 p12
a+ 'ormation o' a )usiness
)+ (apita"
(+ inso"-ent
#+ merger
e+ partnership
Exercise 4 p12
a+ tenant
)+ (on-eyan(ing
(+ "ease
#+ "an#"or#
e+ rea" estate
TOLES 6OH<AT.OH EWAM IRACT.CE
Exercise 1 p1F
1+ :hen a stu#ent 'inishes his or her "ega"
stu#ies he or she has to make a t!o4year
training (ontra(t !ith a "a! 'irm+
2+ The "a! o' tort says that e-eryone must to
)e (are'u" an# not harm other peop"e+
D+ . !i"" start my training (ontra(t !ith theTay"or :a""is in Septem)er+
F+ .' !e issue a ("aim against you !e !i"" ask 'or
a -ery high #amages+
@+ 8e )rea(he# the (ontra(t an# . !i""
prose(ute him in the (i-i" (ourt+
Exercise p1F
1+ 6a"se
2+ True
D+ 6a"se
F+ True
@+ True
Exercise & p1@
1+ B
2+ (
D+ a
F+ #
@+ '
+ h
7+ )
+ g
>+ e
H.T 1T8E LENAL IRO6ESS.OH
T8E .MIORTAHCE O6 COLLOCAT.OH
Exercise 1 p17
a+ A represent
)+ matter
(+ A groun#s
#+ < take
e+ C opening
T8E .MIORTAHCE O6 IREIOS.T.OHS
Exercise 1 p1
a+ in
)+ against
(+ 'orto
#+ in
e+ in
'+ at
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Answer 9eyExercise p1
a+ in
)+ 'or
(+ #ra'ting
#+ 'or
e+ a(ting 'orrepresenting
'+ )rea(h
g+ groun#s
SOL.C.TORS AH< ARR.STERS
Exercise 1 p1>
a+ so"i(itor
)+ attorney
(+ ,ua"i'y
#+ ("ient
e+ pra(ti(es
'+ partnerships
g+ asso(iate
h+ partner
i+ (ourt
3+ issue#
k+ au#ien(e
"+ 3u#ge
Exercise p20
a+ <a-i# Ross & Co 0771 222 00F
)+ Marion 5aye 0771 777 @F@F
(+ 9u#y ar("ay 0771 DDD>>>
#+ Iate" & Co 0771 DDD 2D2D
Exercise & p22
a+ neg"igen(e)+ (on-eyan(ing
(+ re#un#an(y
#+ (harity
e+ inso"-en(y
'+ tenant
Exercise ' p22
a+ True
)+ 6a"se this "a! 'irm spe(ia"ises in suing
s(hoo"s an# (o""eges 'or neg"igen(e
(+ 6a"se
#+ Truee+ True
AREAS O6 LA:
Exercise 1 p2D
a+ (rimina"
)+ (i-i"
(+ (i-i"
#+ (rimina"
e+ (i-i"
'+ (i-i"
g+ (i-i"
h+ (rimina"
Exercise p2D
a+ .nte""e(tua" property "a!
)+ The "a! o' e,uity an# trusts
(+ 6ami"y "a!
#+ .+T+ "a!
e+ The "a! o' rea" property(on-eyan(ing
'+ Contra(t "a!
g+ The "a! o' tort
h+ Emp"oyment"a)our "a!
i+ usiness an# (ompany "a!
3+ Maritime "a!
Exercise & p2F
a+ Contra(t "a!
)+ usiness an# (ompany "a!
(+ The "a! o' e,uity an# trusts
#+ The "a! o' tort
e+ 6ami"y "a!
'+ The "a! o' rea" property(on-eyan(ing
g+ Maritime "a!
h+ Emp"oyment "a!
T8E REN.STER O6 LETTER :R.T.HN
Exercise 1 p2
a+ 6irst"y
)+ issuing a ("aim
(+ #ra'ting
#+ (on-eyan(ing
e+ sue
'+ neg"igent
g+ me#iation
h+ re#un#ant
i+ 6ina""y
3+ so"e pra(titioners
k+ si(k pay
"+ maternity "ea-e
L.STEH.HN
Exercise 1 p27
a+ so"i(itor
)+ inso"-en(y
(+ )arrister
#+ (orporatee+ #ra'ting
'+ a(ting
g+ (on-eyan(ing
h+ tenant
i+ inte""e(tua"
3+ ,ua"i'y
8/12/2019 Lawyer s Coursebook Cht
http://slidepdf.com/reader/full/lawyer-s-coursebook-cht 39/39
mage
Answer 9eyS.HN OR 5HO:LE<NE
C*""*c.-i*, reie/ p2
a+ making
)+ )rea(h
(+ #ra'ting
#+ ,ua"i'y
e+ setting up'orming
'+ runningg+ pra(tise
h+ su''ere#
i+ #amages
3+ take
!*c.70".r+ reie/ p2
a+ tenant
)+ re#un#ant
(+ partnership
#+ inso"-en(y
e+ (on-eyan(ing
'+ me#iationg+ neg"igen(e
h+ )arrister
i+ goo#s
3+ attorney
Pre#*si-i*, reie/ p2>
a+ on
)+ 'rom
(+ !ith
#+ in
e+ against
'+ intog+ o-er
h+ to
i+ 'or
3+ into
TOLES 8.N8ER EWAM IRACT.CE
Exercise 1 pD0
1+ a(t 'or
2+ < matter
D+ C tenant
F+ 'ee
@+ A sit
+ < e,ua"7+ < (on-eyan(ing
+ C inte""e(tua"
>+ < au#ien(e
10+A su''ere#
Exercise pD1
1+ pra(tise
2+ (ham)ers
D+ partnerships
F+ emp"oye#
@+ p"ea#ing
+ a#-o(ate7+ #ra'ting
+ o!e
>+ pro(ee#ings
1