LEGAL ENGLISH I - 1st semester (Units 1 -10)
Historical development, common law and equity, substantive and procedural law, public and private law, categories of law
British Parliament, procedure of making statutes, relation between common law and statute law, public and private acts of Parliament
Judicial, executive and legislative roles of the Lord Chancellor, other judges, the method of judicial selection, the concept of judicial independence
Vocabulary practice, simple present tense, phrasal verbs, pronunciation practice: sense groups
The doctrine of stare decisis, main principles: hierarchy of courts, rulings on points of law, essential legal principles (ratio decidendi), extraneous statements (obiter dicta)
Solicitors and barristers, differences in education, type of work, relationship with clients
Extent legal aid in England, local Citizens’ Advice Bureaus, legal advice centres
Difference between civil and criminal law, the system and jurisdiction of civil courts in England
LEGAL ENGLISH II – 2nd semester (Units 11 -18)
Two stages: in jure and in judicio, hearing, formula, judex or judices, procedural contract, the plaintiff and the defendant, speeches, orators, the forum
Language practice and completion, modal auxiliary verbs (might), Latin plurals, punctuation, vocabulary search and practice
Basic Provisions (Articles 1, 2, 3, 4 and 5), Protection of Human Rights and Fundamental Freedoms (Articles 14, 15 and 16)
Vocabulary practice, word formation (nouns, verbs, adjectives, adverbs), modal auxiliary verbs (shall), general statements and specific details
Articles 117, 118 and 119 from the Constitution of the Republic of Croatia, the system and jurisdiction of courts in Croatia
The establishment and aim of the Court, judges, State and individual applications, procedure, official languages
Additional reading: European Convention on Human Rights: Article 6 – Right to a Fair Trial; Judgment of the European Court of Human Rights: Rajak v. Croatia, Violation Article 6
Historical foundations, Virginia Plan, New Jeresy Plan, confederal, federal and unitary forms of government, division of powers, exclusively national powers, exclusively state powers, concurrent powers
Head of the State and Prime Minister, Commander-in-Chief of the Armed Forces, other powers and functions, the process of impeachment, the role of the U.S. Congress
Coordinating conjunctions, vocabulary practice, word formation: nouns, genre analysis
State and federal court systems, jurisdiction of the U.S. Supreme Court, justices, law clerks, procedure, merits of the case, original cases, case screening, courtroom presentations, preparation and issuance of decision
Historical development of American legal education, differences between the classical method and the case method, classical textbooks and casebooks, the role of teachers and students
ENGLISH FOR LAWYERS I
UNIT 1: WHAT IS MEANT BY LAW
- Give the basic definition of law (three elements)
- Discuss different definitions of law
- Explain the purpose(s) of law
- Explain the separation of powers: legislative, executive, judicial
- Discuss the main legal systems of the world: civil law, common law, religious law
Key terms: coercion, conduct, enforce, impose, infraction, regulate, violation
Collocations: enforce a law, enforce a rule, impose sanction, impose restrictions, impose obligation, impose a fine, infraction of the law, violation of a right, violation of law, violation of rules, be in violation of
UNIT 2: SOURCES AND VARIETIES OF ENGLISH LAW
- Define source of law ('origin of law', 'basis of a legal system')
- Explain the composition of the United Kingdom
- Enumerate and explain the sources of English law
- Explain the differences between common law/equity/statute law
- Explain the hierarchy of sources of English law
- Provide the basic classification of law
Key terms: equity, legislation, legislature, legislative, to legislate, precedent, statute
- : common law, enacted law /unenacted law, to set a precedent, to follow a precedent, to overrule a precedent, binding precedent, legal remedy, persuasive precedent, procedural law, source of law, statute law, to enact a statute, to promulgate a statute, to repeal a statute, substantive law
UNIT 3: STATUTE LAW IN BRITAIN
- Discuss the composition of Parliament and the changing status of the House of Lords
- Describe the role of the Monarch in Parliament
- Enumerate the main functions of Parliament
- Briefly outline the legislative procedure (eight stages)
- Explain the importance of statute books
adjudication, constitution, House of Commons, House of Lords, legislation, legislator, legislature, proceedings, repeal, statute
Collocations: to draft a bill, to vote on a bill, to pass a law, to grant assent
UNIT 4: THE BRITISH JUDICIARY
- Discuss the role of lay magistrates
- Explain the main differences between inferior and superior judges
- Briefly outline the training of judges
- Discuss the judicial appointment and removal from office
- Explain the differences in the position of the Lord Chancellor in the past and today
circuit judge, district judge, judiciary, Justice of the Peace (JP), Magistrate, recorder
Collocations: term of office, to remove from office, to hear a case, to sit as a judge, security of tenure
UNIT 5: THE DOCTRINE OF PRECEDENT
- Explain the hierarchy of English and Welsh courts. List the courts of criminal jurisdiction, the courts of civil jurisdiction and those of both jurisdictions
- Name the first instance criminal courts and compare them
- Name the first instance civil courts and compare them
- Define the doctrine of precedent
- Discuss the importance of the doctrine of precedent for the English legal system
- Define ¨judicial precedent¨
- Enumerate different types of judicial precedents and explain the difference between them
- Define the main elements of a judgement
- Discuss advantages and disadvantages of judicial precedent
Key terms: binding precedent, civil and criminal jurisdiction, court of appeal, court of first/second instance, original precedent, persuasive precedent, ratio decidendi, stare decisis.
Collocations: to adhere to/abide by a precedent, to follow a precedent, to hear a case, to give/pass a judgement, to distinguish a case.
UNIT 6,7: THE LEGAL PROFESSION IN ENGLAND
- Name the two types of legal professionals in England and compare them in terms of different types of legal services that they provide
- Define ¨the right of audience¨
- Explain who may exercise the right of audience in England and Wales (Courts and Legal Services Act 1990)
- Describe the three stages in the education of barristers and solicitors
- Define ¨Queens Counsel¨
Key terms: barrister, brief, contract, counsel, conveyancing, disbar, liable, pleading, right of audience, solicitor, will.
- to brief a barrister, to draft/draw up a legal document, to give legal advice, to hear/argue/plead a case, to practice law, to take/receive instructions.
UNIT 8: LEGAL AID
- Define ¨legal aid¨
- Describe the current legal aid scheme in Britain
- Explain the responsibilities of the Legal Aid Agency
- List the types of legal services provided in the legal aid scheme
- Enumerate the providers of legal aid
- Describe the procedure in which the eligibility for legal aid is determined (the two tests)
- Enumerate the legal problems which have priority
Key terms: access to justice, means test, merit test, legal aid, legal advice, legal assistance, legal representation, litigation.
- to grant a contract, to seek/provide/obtain provide legal aid, to seek justice.
UNIT 9: A DAY IN A CIVIL COURT (CIVIL PROCEDURE IN THE UK)
- Provide a definition of civil law as a branch of law
- Identify the parties in a civil procedure
- Explain the cause, i.e. purpose of civil procedures, including the most common available remedies
- Explain the task of the court, with respect to the standard of proof
- List the three types of claims and explain how the types are determined
Key terms: claim, claimant, compensation, damages, defendant, dispute, grievance, injunction, liable, liability, litigation, litigant, litigate, plaintiff (>claimant), pleadings, redress, sue, tort
Collocations: aggrieved party, balance of probabilities, breach of contract, take action
UNIT 10: A DAY IN A CRIMINAL COURT (CRIMINAL PROCEDURE IN THE UK)
- Provide a definition of criminal law
- Identify the parties in a criminal procedure
- Explain the cause, i.e. purpose of criminal procedure
- Briefly explain the role of the police in criminal justice
- Explain the task of the court, with respect to the standard of proof
- List the three types of criminal offences, including some examples of each
- Identify criminal courts, according to the types of offences tried therein
- Discuss the right to silence
- Describe the steps in a criminal procedure, including the role of the police, the CPS and the magistrates' court
Key terms: accused, acquittal, bail, conviction, crime, Crown Prosecution Service (CPS), custody, defendant, fine, imprisonment, indictment, jury, offence, prosecutor, punishment, trial, sentence, verdict
Collocations: bring the charge, indictable offences, offences triable either way, summary offences, warrant of arrest
ENGLISH FOR LAWYERS II
UNIT 11: ROMAN CIVIL PROCEDURE
1.Explain the importance of Roman law for the development of European legal systems
2. Name the two most important codifications of Roman law
2. Name the two stages in the Roman civil procedure
3. Explain the formulaic procedure
4. Explain the significance of the procedural contract
5. Compare the role of the praetor to that of a trier/s
6. Explain the elements of the trial
7. Explain the basic principles underlying the trial (in iudicio)
Key terms: arbitrator, argument, binding, cause, defense, formula, hearing, magistrate, oath, plaintiff, pleadings, statement, submission, submit, summons, trier , tribunal
Collocations: abide by, to administer justice, by virtue of, to frame the issues, to issue summons, to join in the procedural contract, judicial proceedings, to render judgment, to settle the formula, to submit a statement
UNIT 12: THE SIGNIFICANCE OF A CONSTITUTION AND CONSTITUTIONALITY IN A DEMOCRATIC SOCIETY
- Provide a definition of democracy.
- Enumerate the basic principles of democracy.
- Define ‘rule of law’.
- Define ‘constitution’.
- Briefly outline the adoption, amendments and the main features of the Constitution of the Republic of Croatia.
- Describe the structure of the Constitution of the Republic of Croatia.
- Explain the political organization of the Republic of Croatia having in mind the basic provisions of the Constitution.
- Enumerate the highest constitutional values of the Croatian constitutional order.
Key terms: constitution, constitutionality, rule of law, inalienable sovereignty, social justice, inviolability of ownership, love of peace, equality of genders, conservation of nature, respect for human rights
Collocations: to draw up/promulgate/adopt/amend a constitution; comply with/conform to/with a law or constitution; to abide by a constitution
UNIT 13: THE EUROPEAN COURT OF HUMAN RIGHTS
- Discuss the establishment, aims and the structure of the Council of Europe.
- Explain why, how and when the European Convention of Human Rights and Fundamental Freedoms came into force.
- List some of the human rights from the Convention and explain what the Convention prohibits.
- Discuss the reasons for the establishment of the European Court of Human Rights and its jurisdiction.
- Discuss the role of the judges of the ECHR, their election and the term of office.
- Enumerate the formations in which the judges sit and explain what each of the bodies decides on.
- Briefly outline the procedure before the Court.
- Enumerate the types of applications.
- Explain the admissibility criteria.
- Discuss the languages of the Court.
Key terms: forced labour, death penalty, slavery, an application, admissibility, merit of a case, to execute a judgement, on the merit, term of office
- : to come/enter into force, member states of the Council, state parties/contracting parties/signatories to the convention, to observe a right, to safeguard human rights, to breach/violate/infringe a right, to lodge an application, to declare an application admissible
UNIT 14: THE NATURE AND SOURCES OF AMERICAN FEDERALISM
1.Briefly explain the reasons behind the American War of Independence.
2.Outline the main proposals and conclusions of the Constitutional Convention in Philadelphia (1776).
3.Outline the principal features of the US Constitution and the Bill of Rights.
4.Explain the division of powers in American Federalism.
5.Explain the organisation and powers of the US Congress, along with the reserved powers of each house.
6.Outline the legislative procedure in the US Congress.
Key terms: the Virginia Plan, the New Jersey Plan, the Great (Connecticut) Compromise, the House of Representatives, the Senate, proportional representation, equal representation, system of checks and balances, national powers, concurrent powers, state powers, impeachment, federation, delegated powers, reserved powers, congressman, representative, senator
Collocations: to impeach an official, to veto a bill, to impose/levy/collect taxes
UNIT 15: THE AMERICAN PRESIDENCY
1.Enumerate the powers of the American President.
2.Name the requirements for presidential candidates.
3.Explain the system of presidential elections in the US.
4.Enumerate possible grounds for impeachment.
5.Explain the impeachment procedure.
6.Enumerate the other ways for the President to be removed from office.
Key terms: executive order, impeachment, articles of impeachment, bribery, treason, High Crime or Misdemeanor, vice president, the Cabinet, the Electoral College, popular vote, electoral vote, State of the Union address,
Collocations: to veto a bill, to override the veto, to sign a bill into law, to negotiate an international agreement/treaty, to take office, to leave office, to be removed from office
UNIT 16 THE SUPREME COURT OF THE UNITED STATES
1. Describe the structure of the Supreme Court
2. Discuss the court's caseload
3. Explain the task of law clerks
4. Explain the court's jurisdiction (appelate and original)
5. Explain the concept of judicial review
5.Analyse the role of the Supreme Court
Key terms: caseload, Chief Justice, law clerk, litigants, merits, original cases, plenary review, uniform national decision
Collocations: to grant a plenary review, to deliver a formal written opinion, to reject a case , to turn away a case without action
UNIT 17: THE CASE METHOD OF LAW TEACHING
- Define ‘case method of law teaching’ and briefly outline its history.
- Discuss the basic features of the case method of law teaching.
- Define ‘casebook’.
- Discuss the role of the teacher and the role of the student.
- Discuss the benefits and drawbacks of the case method.
- Make a comparison between the case method and the traditional way of teaching law.
Key terms: a casebook, merits of the case method, court’s reasoning, legal source material, subject matter
Collocations: to deliver a formal lecture, to interpret a case, to work with legal source material, to gain precise knowledge