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Contents
THANKS AMD 2 ACKNOWLEDGMENTS
INTRODUCTION 6
THE LEGAL SYSTEM
О Legal systems 8
Л Tin.- structure of ihe law
В The constitution
С Jurisdiction
(9 Sources of law: legislation 10
A Background to making new law
В Early development of a Bill
С Passing an Act
Q Sources of law: 12 common law
A Common law in the UK
В Law reports
Q The court system 14
A Civil courts
В Criminal courts
gjj Criminal justice and 16
criminal proceedings
A Criminal justice
В Categories of criminal offence
С Criminal court proceedings
Q Civil procedure 18
A Civil Procedure Rules
В Proceeding with a claim
19 Tribunals 20
A The status and range of tribunals
В Composition of tribunals and procedure
0 European Union law 22
A What is the liU?
В How does the LU iinpacL on Member Srares?
LEGAL PROFESSIONALS
Q Solicitors 24
A Legal practitioners 6 Training
С A partner in a law firm
Gj) Barristers 26
A Organisation
В Training and qualification ч of practising barristers
fD Working lives 28
A A company commercial lawyer В A legal secretary
(D Judges 30
A Judicial appointments in Hngland and Wales
В The training of judges
С Civil courts; sentencing and court orders
|£| A law firm's structure and 32 practice
A A law firm's structure and practice
LEGAL PROFESSIONALS IN PRACTICE CD Client care procedures 34
A Explaining client care procedures
Ijfl Money laundering 36 procedures
A Mone> laundering procedures
IM Client correspondence 38
A Client correspondence В Standard phrases for starting and ending letters and emails
fQ Explanations and 40 clarification
A Explaining a procedure
В Approximating and comparing
С Rephrasing and clarifying
QH Legalese 42
A Legal language
В Latin terms
С Older words and modern equivalents
LAW IN PRACTICE
IM Business organisations 44
A Sole trader
В Partnerships
С Limited Companies
ЩЯ Formation of a company 46
A Incorporation
В Memorandum and '\rriclcs of Association
£Q Raising capital by 48 share sale
A Share capital
В Share value
С Rights attaching to shares
£Э Debt financing: 50 secured lending
A Granting security
В The terms of a charge
£Э Company directors and 52 company secretaries
A Qualifications and duties of a company director
В Qualifications and duties of a company secretary
Ml Insolvency and winding up 54
A Insolvency
В Insolvency scenarios
ИЯ Alternative dispute 56 resolution
A Alternative dispute resolution В ADR procedures
МЯ Corporation Tax 58
A Corporation Tax liability in the UK. В Word combinations with 'ta\'
W9M Mergers and acguisitions 60
A Mergers and acquisitions
В Dealing disclosure requirements
МЯ Anti-competitive behaviour 62
A Competition law В Competition inquiry С Information gathering, hearings, and remedies
LIABILITY
Wl Tort 1: personal injury 64 claim
A Tort
В Client briefing notes - personal injury claims
ЩЩ Tort 2: clinical negligence 66
A Clinical negligence practice
CONTRACT
fcfj Forming a contract 1 68
A Basic principles
В Formation of a contract
1CM Forming a contract 2 70
Л Form of contract
В Void or voidable or unenforceable contracts
@[J Structure of a commercial 72 contract
A Structure of a commercial contract
Ml Express and implied terms 74
A E\prcss terms В Implied terms
dttft Exclusion, limitation and 76 standard clauses
A Exclusion and limitation clauses В Standard clauses
fla Privity of contract, 78 discharge, and remedies
A Privily i>l contract
В Discharge of contract
С Remedies for breach of con tract
§Q Standard terms in the 80 sale and supply of goods
A Using standard terms В Incorporating terms
ЕЭ Licensing agreements and 82 computer programs
A Licences and software products В Exclusion and lunirarion clauses
Commercial leases 84
A Interest in property
В Terms of a commercial lease
С Obtaining leasehold interest
О Buying and selling 86 commercial property
A Commercial conveyancing
В Sale by auction
С Sale by private treaty
CD Employment law 88
A Employment law
В Contract of employment
INTELLECTUAL PROPERTY
ЕЭ Copyright and patent 90
A Copy right В Patent
CD Trade marks, domain 92 names, and remedies for IP infringement
A Trade marks and domain names В Remedies for IP infringement
INFORMATION TECHNOLOGY LAW
CJJ Information technology 94 law and cybercrime
A Computer security В Cybercrime С Data protection
ENVIRONMENTAL LAW
G3 Environmental law 96
A International environmental law
В National environmental law
С Application of environmental law
Answer key 98 Index 113
Introduction
Who is this book for?
Professional English in Use I.atv is for a wide range of people who need to use legal English vocabulary in their work, for example as lawyers, or litigators, paralegals or legal researchers, legal secretaries or trainee lawyers. English language learners may need to use legal English to work with foreign colleagues or clients; to describe or explain aspects of their own legal system; to find out about other systems. The book is also for students of law who wish to develop their knowledge of legal English vocabulary to assist their legal studies. It will also help extend the vocabulary of business professionals who need some knowledge of legal English vocabulary for commercial agreements and transactions. The book is suitable for learners who have reached an upper-intermediate or advanced level of English. The book can be used effectively for individual study or hy a teacher in class, one to one or in groups. If you are preparing for the ILEC exam {International Legal English Certificate), this book will help you to develop your vocabulary.
Language and law
The book aims to help learners develop their legal English vocabulary. It is not intended to be an introduction to law til English speaking countries nor to be relied upon for information or advice about law or the practice of law. It presents vocabulary in the context of the legal systems in the UK because the meaning of any legal terms and the conceptual relationship between terms is located within a specific legal system. The authors assume that you will need to talk and write about vour own legal system. Consequently, some tasks encourage you to think about how far your own system shares the same legal concepts or procedures, and to decide whether to use a legal term in English as an equivalent to a concept in your own system or to employ an approximation in discussion or writing (see Unit 17).
What kind of legal English is in this book?
This book concentrates on the vocabulary arising from the practice of commercial law (including company law, contract formation, employment law, sale of goods, real property, and intellectual property) but also presents more general legal English vocabulary. The legal topics covered are common to many legal systems and in that context the book has an international dimension. There are references in most units of the book to English language websites to help you to extend your language practice and to assist your understanding of legal concepts in English in authentic contexts.
How is the book organised?
The book consists of 45 two-page units organised into four thematic sections: The legal system. Legal professionals. Legal professionals in practice, and Law in practice (including Liability, Contract, Intellectual property, Information technology lawr, and Environmental law). The units proceed from general legal topics to more specific.
The left-hand page of each unit presents legal terms and expressions in context and the right-hand page is designed to let you check and develop your understanding of them and how they arc used through a series of exercises. Key terms or expressions may occur in more than one unit.
There is an answer key at the back of the book. Most of the exercises have questions with only one correct answer. If there is more than one possible answer the exercise tells you. Some of the exercises, including the Over to you activities at the end of each unit (see below), are designed for discussion and/or writing about the legal jurisdiction you work or study in.
Where appropriate, website addresses at the bottom of the right-hand pages give links to further information in English on related legal topics.
Also at the end of the book there is an index which lists the key words and phrases which have been highlighted and gives the unit numbers in which they appear. The index also tells you how the words and expressions are pronounced.
The left-hand page
The texts on the left-hand page vary in length. Each text has a cleat heading. Some texts are from spoken contexts; others from written. Some are from formal contexts, for example an extract from legislation, 01 contract terms, or a formal presentation; others are from more informal interactions, for example discussions between legal colleagues talking about aspects of their work. Some units draw your attention to characteristic features of legal language in English or to differences between legal English usage in the United States and England. All the units highlight typical word combinations.
The right-hand page
A range of exercises on the right-hand page give practice in using the highlighted legal vocabulary and expressions from the left-hand page. Sometimes the exercises provide practice in contexts like emails between legal colleagues, letters to clients, contract terms, or legal forms. Other exercises focus on checking comprehension of meaning or distinctions in use between similar words, stress in pronunciation, or the formation of words.
'Over to you' activities
These activities give you the chance to practise using English legal language to write or talk about aspects of a legal jurisdiction known to you, and about your own work, study, or opinions. Self-study learners can do these as a written activity or set up a computer blog to share ideas with others wanting to develop their legal English vocabulary through practice.
In the classroom, the Over to you activities can be used as the basis for discussion in small groups, with a spokesperson for each group summarising the discussion and its outcome for the class. Alternatively, pairs can exchange views, ideas, or information and rhen combine with another pair to report on their discussion. The teacher can monitor the discussions for appropriate and accurate use of vocabulary. Learners can follow up by using the Over to you as a written activity, for example for homework. Learners might do more research on language use by exploring the suggested web links.
How to use the book for self-study
Find a topic you are looking for by referring to the contents page or the index. Quickly write in note form in English what you already know about the topic and any questions you have. Then read through the texts on the left-hand page of the unit. If you are unsure of the meaning of terms, try to guess the meaning from the context as vou read. Do the exercises on the right-hand page. Check your answers in the key. If you have made am mistakes look at the text again and check the exercise. Write down useful words in a notebook; notice how they are used in other texts. If you are srill unsure of any words, look them up in a law dictionary. There are also legal glossaries online.
How to use the book in the classroom
Teachers can choose the units that relate to learners' particular needs and interests, or themes which the course is focusing on. Learners can work on the units in pairs or individually, the teacher going round the class listening and advising. Teachers should encourage learners to discuss why one answer is possible and others are not.
We hope you find the book useful and easy to use. We would welcome vour comments and suggestions on using it.
Legal systems
The structure of the law
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The legal system in the United Kingdom (UK)
The study of law distinguishes between public law and private law, but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers. Public law relates to the state. It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security, Private law is concerned with the relationships between legal persons, that is, individuals and corporations, and includes family law, contract lam and property law. Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights, and their duties. It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction - on order made by the court. However, each held of law tends to overlap with others. For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation.
Substantive law creates, defines or regulates rights, liabilities, and duties
in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced.
The constitution
The head of state is the monarch, currently the Queen in the UK, but the government carries the authority of the Crown (the monarch). The Westminster Parliament has two chambers: the House of Lords and the House of Commons, which sit separately and are constituted on different principles. The Commons is an elected body of members. Substantial reform is being carried out in the upper house, the House of Lords, where it is proposed that the majority of members be appointed, with a minority elected, replacing the hereditary peers. There is no written constitution, but constitutional law consists of statute law (see Unit 2), common law (see Unit 3), and constitutional conventions.
Jurisdiction
There are four countries and three distinct jurisdictions in the United Kingdom: England and Wales, Scotland, and Northern Ireland. All share a legislature in the Westminster Parliament for the making of new laws and have a common law tradition, but each has its own hierarchy of courts, legal rules and legal profession. Wales and Northern Ireland each have their own Assembly and since 1999 Scottish Members of Parliament (SMPs) have sat in their own Parliament. Under an Act of the Westminster Parliament, the Scottish Parliament has power to legislate on any subject not specifically reserved to tbe Westminster Parliament such as defence or foreign policy. The UK's accession to the European Communities in 1973, authorised by the European Communities Act 1972, has meant the addition of a further legislative authority in the legal system. The UK is also a signatory of the European Convention of Human Rights and this has been incorporated into UK law.
Complete the definitions, hook" at A opposite to help you.
is law relating to acts committed against the law which
are punished by the state.
is concerned with rhe constitution or government of the
state, or the relationship between state and citizens.
is rules which determine how a case is administered by th
courts.
4 is concerned with the rights and duties of individuals,
organisations, and associations (such as companies, trade unions, and charities), as opposed criminal law.
5 is common law and statute law used by the courts in
making decisions.
Complete the sentences. Look at В and С opposite to help you. There is more than one possibility for one of the answers.
In many systems a president rather than a monarch is
The UK system has a parliament with two
As in other countries, the courts are organised in a of levels.
The Scottish Parliament has the to legislate on subjects not reserved to
Westminster.
The EC is an important legislative in most European countries.
A number ot international have been incorporated into national law.
Complete the table with words from Л, В and С opposite arid related forms. Put a stress mark in front of the stressed syllable in each word. The first one has been done for you. Then complete the sentences below with words from the table.
|
Verb |
Noun |
Adjective |
|
constitute |
const;'*u"ion |
consti tutiotial |
|
legislate |
||
|
proceed |
||
|
convene |
||
|
regulation |
||
|
accede |
||
|
elect |
||
|
authorise |
The is the body which has the function of making law; normally it is the
Parliament.
It is quite a lengthy process to to the European Community.
Sometimes a court case can be delayed while counsel argue over problems.
Describe some of the distinctive features of your legal system and constitution, first as if to a foreign lawyer, then as if to a foreign lay person.
For more information on the UK Parliament and legislative processes, go tor www.parlianient.uk; for the US Senate, go to: www.senate.gov/.
Sources of law: legislation
Background to making new law
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