Revision

English for Lawyers

assets, draft, estate, testamentA last will and ___is a legal document that

declares how an ___or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to ___a will to ensure that their ___are handled in a satisfying way.

KeyA last will and testament is a legal

document that declares how an estate or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to draft a will to ensure that their assets are handled in a satisfying way.

Investments, minor, party, propertyFor those with __children, it is crucial to

declare how ___or money will be used to provide for these children. For those with ___or accumulated savings, it is important to state the name a responsible ___ who will manage these funds.

KeyFor those with minor children, it is crucial to

declare how property or money will be used to provide for these children. For those with investments or accumulated savings, it is important to state the name a responsible party who will manage these funds.

beneficiaries, donations, debts, executorGenerally, a last will and testament should

contain the name of an ___, information relating to one’s burial, payment of any___, any charitable___, bequests to ___and the list of the powers of the executor.

KeyGenerally, a last will and testament should

contain the name of an executor, information relating to one’s burial, payment of any debts, any charitable donations, bequests to beneficiaries and the list of the powers of the executor.

revokes, testator, validity, will witnessesAdditionally, a will must be typed or

printed, signed by the maker, or ___and signed by ___who can attest to the ___ of the document. A __must state that the testator ___any previous wills or amendments to such previous wills.

KeyAdditionally, a will must be typed or

printed, signed by the maker, or testator, and signed by witnesses who can attest to the validity of the document. A will must state that the testator revokes any previous wills or amendments to such previous wills.

Capacity, demonstrate, duress, testatorThe ___must demonstrate that the

document was not created under ___or provocation. In other words, the testator must ___that the will was created willingly and freely by an individual with the mental___ to do so.

KeyThe testator must demonstrate that the

document was not created under duress or provocation. In other words, the testator must demonstrate that the will was created willingly and freely by an individual with the mental capacity to do so.

beneficiaries, debts, executing, party, probateThe will must name the ___or parties

responsible for ___ the document under the supervision of the ___court. The will should name any ___and their entitlements. In addition, the will should explain how any outstanding ___will be paid.

KeyThe will must name the party or parties

responsible for executing the document under the supervision of the probate court. The will should name any beneficiaries and their entitlements. In addition, the will should explain how any outstanding debts will be paid.

conventional, nations, Public, signatories, sovereignty, Treaties, ___International Law derives its authority from

three main sources.1. __and international conventions are written

agreements concluded by two or more sovereign__ or by a nation and an international organization, such as the European Union. The power to enter into treaty relations is an essential attribute of ___. There is a cardinal principle of international law that treaties validly concluded must not be broken by the__. This source is also known as __international law.

Key Public International Law derives its authority from three

main sources. 1. Treaties and international conventions are written

agreements concluded by two or more sovereign nations or by a nation and an international organization, such as the European Union. The power to enter into treaty relations is an essential attribute of sovereignty. There is a cardinal principle of international law that treaties validly concluded must not be broken by the signatories. This source is also known as conventional international law.

Put the verbs in brackets into the appropriate forms: 2. International agreements or conventions create law

for the parties of the agreement. They may also lead to the creation of international law when they ___(intend, passive) for adherence generally and __widely __(accept, passive). Treaties and conventions ___, at first, ___(restrict, passive) in their effects to those countries that __(ratify) them. They are particular, not general, international law; yet regulations and procedures ___(contain) in treaties and conventions __ often __(develop) into general customary usage, that is, have come to be considered binding even on those states that did not sign and ratify them. Some customs may become part of international law because of general acceptance by most nations, even if not ___(embody) in a written treaty instrument.

Key2. International agreements or conventions create law for the

parties of the agreement. They may also lead to the creation of customary international law when they are intended for adherence generally and are in fact widely accepted. Treaties and conventions were, at first, restricted in their effects to those countries that ratified them. They are particular, not general, international law; yet regulations and procedures contained in treaties and conventions have often developed into general customary usage, that is, have come to be considered binding even on those states that did not sign and ratify them. Some customs may become part of international law because of general acceptance by most nations, even if not embodied in a written treaty instrument.

Customs, law, principles, sourceGeneral __common to systems of national

__ fall into the same category and are, in fact, often difficult to distinguish from __as a __of international law.

KeyGeneral principles common to systems of

national law fall into the same category and are, in fact, often difficult to distinguish from customs as a source of international law.

Match the following words with their definitions: convention, sovereign, conclude, binding, treaty, usage, custom, regulation, adherence, ratify, instrument

A) the customary method of performing or carrying out an activity that is followed by a particular group of people

B) to give formal approval to something in order that it can become law

C) self-governing and not ruled by another stateD) ruleE) legally requiredF) the action of following a rule or keeping to an

agreementG) legally binding agreement between states

sponsored by an international organization

convention, sovereign, conclude, bidning, treaty, usage, custom, regulation, adherence, ratify, instrumentH) legally binding agreement between

two or more statesi) a formal legal documentJ) a long established tradition or usage

that becomes customary law if it is: a)consistently and regularly observed and b) recognized by those states observing it as a practice that they must follow

K) to make a formal agreement complete and fixed, especially after long discussions or arrangements

KeyConvention: legally binding agreement

between states sponsored by an international organization

Sovereign: self-governing and not ruled by another state

Conclude: to make a formal agreement complete and fixed, especially after long discussions or arrangements

KeyBinding: legally requiredTreaty: legally binding agreement

between two or more statesUsage: the customary method of

performing or carrying out an activity that is followed by a particular group of people

KeyCustom: a long established tradition or

usage that becomes customary law if it is a) consistently and regularly observed and b)recognized by those states observing it as a practice that they must follow

Regulation: ruleAdherence: the action of following a rule

or keeping to an agreement

KeyRatify: to give formal approval to

something in order that it can become lawInstrument: a formal legal document

Put the verbs in brackets into appropriate formsIn key respects, the Court___(resemble) a

national supreme court. It____(act) as a constitutional court, _____(define) the balance of powers_____(exercise) by the member states and those exercised by the Community institutions. It ___(rule) upon the extent and limits to the powers of the institutions, and ___(maintain) the system of balances between them.

It also ___(act) as a supreme administrative court, ____(review) the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ ___(have) the role of a traditional appellate court.

KeyIn key respects, the Court resembles a

national supreme court. It acts as a constitutional court, defining the balance of powers exercised by the member states and those exercised by the Community institutions. It rules upon the extent and limits to the powers of the institutions, and maintains the system of balances between them.

It also acts as a supreme administrative court, reviewing the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ has had the role of a traditional appellate court.

Fill in the missing words: attitude, Commission, consent, lawyer, marriage, nullity, voidable,

Many see a stronger case for including __marriage within divorce even though the Law___, nearly 30 years ago, decided against such recommendation (___of Marriage), giving several reasons in support of this ___. Although the conceptual divide may no longer mean much to the ___ , it remains essential to the Christian Church, which attaches particular importance to___as a prerequisite to___.

KeyMany see a stronger case for including

voidable marriage within divorce even though the Law Commission, nearly 30 years ago, decided against such recommendation (Nullity of Marriage), giving several reasons in support of this attitude. Although the conceptual divide may no longer mean much to the lawyer, it remains essential to the Christian Church, which attaches particular importance to consent as a prerequisite to marriage.

Supply the appropriate termTo bring a charge against, to accuse

formallyIndictUnlawful killing of another with malice

aforethought, express or impliedmurder

Supply the missing termsUnlawful killing of another without malice

aforethoughtManslaughterMalicious burning of another’s propertyArsonThe act of breaking into a building illegally

with intent to stealburglary

Supply the missing termsThe contracting of a second marriage

wilfully and with the knowledge that a previous marriage is not yet undissolved

BigamyAn unalwful threat to injure another personassault

Supply the missing termsFalse swearing or wilful breach of oathPerjuryIrreverence toward something

considered sacred or held in high regardBlasphemyAn act of deception or trickeryfraudA definite judgement pronounced in a

civil or criminal proceedingssentence

Supply the missing termsA writ issued by a competent authority

for somebody’s arrestWarrantA written order issued on the authority

of the courtWritThe promotion of acts of public disorder

against the lawful governmentsedition

Supply the missing termsA disturbance of the peace by three or

more persons assembling together of their own authority

RiotUrging another person to commit a crimeIncitementAn act of stealing by using forcerobbery

Supply the missing terms A wilful act or omission causing death of

a child being under the age of twelve months

infanticide the unlawful beating of another Battery The attempt to get money by

threatening to expose defamatory information

blackmail

Supply the missing termsThe making of a false document in order

that it may be used as genuineForgeryThe party by whom criminal proceedings

are instituted or conductedProsecutionFreedom from any charge or obligation

to which others are subject; immunityexemption

Supply the missing termsPunishment by deathCapital punishmentThe defence available where the accused

was suffering from such abnormality of mind as to substantially reduce his mental responsibility in doing, or being party to, a crime

Diminished responsibility

Supply the missing termsTo preventing from acting by fear; to

discourageDeterTo exact satisfaction for a wrong by

punishing the wrongdoer; to take vengeance

avenge

Supply the missing termsA sentence of imprisonment for the

remaining portion of the convict’s life; the longest possible sentence

Life sentenceTo hold or keep in custodyDetainMurder that, according to the law, can

be punished by deathCapital murder

Supply the missing termsA declaration that a marriage was never

legally validAnnulmentRelationship by bloodConsanguinityWithout legal force; nullvoid

Supply the missing termsAn impediment; something that serves as a

barrierBarFull ageMajorityNot restrained or limitedunfettered

Supply the appropriate termRights and responsibilities that parents

have in relation to a childCustodyPressure, especially actual or threatened

physical force, put on a person to act in a particular way

duress

Supply the appropriate termLeaving a wife or husbandDesertionMarried person, a husband or wifeSpouseParties to a contractContracting parties

Supply the appropriate termA document by which a person appoints

executors to administer his estate after his death, and directs the manner in which it is to be distributed

WillThe property of a deceased personEstateOne who is left something in a willbeneficiary

Supply the missing termsInfraction or violation of a lawBreach of lawTo assert a legal rightClaimThe right to be independentSelf-determination

Supply the appropriate termAn officer of the European Court of Justice

who summarizes and presents a case to the judges and assists them in coming to a decision

Advocate GeneralTo give judgment, to decide a legal

problemadjudicate

Supply the translation equivalentPodnositelj zahtjeva za razvod brakaPetitionerTuženi supružnik (u brakorazvodnoj parnici)RespondentTužbeni zahtjevpetition

Translate:Like any other contract, marriage can be

avoided, varied or terminated in certain circumstances. But marriage is not like other contracts known to the law: the rules governing marriage are not determined by the contracting parties, but by the law of the land.

The parties cannot agree on the rules governing the formation of the contract, since these are laid down by law, nor can they agree on what is to amount to a breach of the contract, nor what compensation shall be paid for any such breach, nor how the contract may be brought to an end.