D. M. Vićan, Z. Pavić, B. Smerdel, ENGLISH FOR LAWYERS, 15^th edition, Narodne novine, Zagreb, 2005.

 

 

Additional reading: “Vegetable” Girl Must Stay Alive, Says Judge

 

 

Definition, marriage as a contract, bars to marriage

Additional reading: One marriage in three heads for the rocks

 

Grounds for divorce, legal changes, consequences of divorce

Additional reading: Divorce Petition

 

 

Completion, adverbs, past participle

 

Purposes and Principles of the United Nations – Article 1 and 2

Additional reading: Universal Declaration of Human Rights - Preamble

Completion and translation

 

Completion, translation

 

LEGAL ENGLISH IV - 4th SEMESTER (UNITS 28-36)

 

Vocabulary search and practice, Latin prefixes, translation, revision

 

Vocabulary check, relative pronouns, definitions, completion

Additional reading: Commercial Arbitration

Language practice, modal auxiliaries, definitions, complex sentences

 

 

 

Sole proprietorship (individual ownership), partnership, corporation

Topic sentences, markers of meaning, prediction, completion

 

Additional reading: Void or voidable?

Completion, conjunctions, vocabulary practice

 

Definitions, conditional sentences, infinitive

 

 

 

 

LEARNING OUTCOMES

ENGLISH FOR LAWYERS III

UNIT 18: CRIME

1. Provide a definition of crime.
2. Present the classification of criminal offences according to seriousness.
3. Present the classification of criminal offences according to the object of crime.
4. Name and explain several offences per category.
5. Name and explain the two elements of crime.
6. Explain the exemptions from criminal liability.

Key terms: treason, indictable offence, summary offence, offence triable either way, prosecution, conviction, acquittal, verdict, sentence, exemption, insanity, coercion, necessity

• : criminal liability, proving guilt beyond reasonable doubt, crimes against the State, public peace and order, crimes against the person, crimes against property

 

UNIT 19: DEATH AND THE LAW

1. Describe the changes introduced by the 1961 Suicide Act in the UK.
2. Explain the term euthanasia including the various types.
3. Explain the difference between euthanasia and assisted suicide
4. Describe the legislative situation regarding abortion in the UK.

Key terms: assisted suicide, active euthanasia, passive euthanasia, voluntary euthanasia, non-voluntary euthanasia

Collocations: to perform euthanasia, to assist a suicide

 

UNIT 20: THE DEATH PENALTY

1. Describe the situation concerning death penalty in the USA (and some other countries)
2. Explain the developments in the UK concerning death penalty
3. Name the main points from the speech of Lord Kennet and elaborate on them
4. Name the institutions and documents in Europe (position of the EU, Council of Europe)

 that support the abolition of death penalty

1. Quote the provisions of the Croatian Constitution related to capital punishment

Key terms: death penalty/capital punishment/capital penalty, execution, abolitionist, retentionist, murder rate, convicted/released murderer,  prison sentence, life sentence, prevention/prevent, deterrent/deter, reform, rehabilitate,  research, reprieve

Collocations: to inflict punishment, to abolish capital punishment, to commit capital murder, to reduce murder rate, to serve a sentence, to conduct research into sth, to prevent from doing sth, the prevention of crime, to reprieve a prisoner, to release a prisoner

 

UNIT 21: MARRIAGE

1. Give the basic definition of marriage in English law
2. List three main conditions for a valid marriage
3. Explain the bars to marriage
4. Explain which marriages are void
5. Explain which marriages are voidable

Key terms: consanguinity, custody, fraud, misrepresentation

Collocations: the age of majority, dissolution of marriage, to lower the age of majority, to enter a marriage under duress, mental incapacity, parental consent, to render a marriage voidable, to negate consent, void marriage, voidable marriage, voluntary union

 

UNIT 22: DIVORCE

1. Discuss differences between marriage and other contracts
2. Explain how the rules governing marriage are  determined
3. Explain why the parties cannot agree on what is to amount to a breach of the marriage
4. Describe the law of divorce in England before 1969
5. List the grounds for divorce
6. Name the parties in the divorce proceedings

Key terms: divorce petition, spouses, grounds for divorce, matrimonial offence, adultery, desertion, petitioner, respondent.

 Collocations: contracting parties, to avoid a marriage, ecclesiastical law,  to terminate a marriage, the formation of a contract, to lay down the law, to grant a divorce, to grant custody

 

UNIT 23: WILLS AND INHERITANCE

1. Define will and inheritance
2. Explain the formal requirements for a valid will
3. Define testamentary capacity and explain its components
4. Explain how a will can be revoked or altered
5. Explain the grounds for  challenging a will
6. Explain the the meaning of probate

Key terms: assets, beneficiary, bequest, deceased,  estate, executor, heir,  legacy, legator, legatee,  probate, residue, testator, testament, will/ last will

• : to appoint an executor,  to die intestate, intestate succession, freedom of dispposition, forced heirship,  probate proceeding,  rules of intestacy

 

 

UNIT 24: THE LEGAL CHARACTER OF INTERNATIONAL LAW

1. Provide a definition of international law
2. Explain the difference between public international law and private international law
3. Discuss differences between national law, international law and supranational law (EU law)
4. List the sources of international law
5. Explain the hierarchy of sources of international law
6. Enumerate the subjects of international law
7. List  some areas of international law
8. Discuss the enforcement of international law

Key terms: accession, convention, ratification,treaty

Collocations: to abide by international law, to accede to a treaty, convention right, bound by convention, to conclude a convention,  international custom, to abrogate a treaty, infringment of a treaty, treaty obligation, treaty relations, to violate a treaty

 

UNIT 25: THE CHARTER OF THE UN

        1. Outline the historical development of the UN (including the League of Nations)

        2. Explain how and when the Charter came into force

        3. List the main bodies of the UN and explain their function (General Assembly, Security Council,

           International  Court of Justice, Secretariat, Economic and Social Council)

        4. Explain the importance of the Charter for the International Court of Justice

        5. Explain the key purposes and the main principles of the UN (in accordance with the original text of         

           the Charter, Article 1 and Article 2)

        6. Describe shortly the relations between the Republic of Croatia and the UN (Croatia’s membership)

       

Key terms: charter, preamble, declaration, bill of rights, purposes of the UN, self-determination, bodies of the UN, members countries, international peace and security, economic/cultural cooperation, threat prevention, peaceful means/measures, dispute resolution, settlement of conflicts, assistance

Collocations: to adopt a declaration, to maintain/maintenance of international peace, to open (a charter) for signature, to ratify a charter, to enter into force, to refrain from the use of force, to settle international disputes, to prevent war, to apply peaceful measures, to provide assistance, to act according to the principle...

 

UNIT 26: THE EUROPEAN COURT OF JUSTICE

        1. Name the main institutions of the EU, their structure and key roles

        2. Explain the main sources of the EU Law (primary and secondary legislation)        

        3. Define the principles of supremacy (or primacy) of the EU law and direct effect

        4. Explain the composition of the Court of Justice of the European Union - CJEU (formerly ECJ) and its tasks

        5. Explain the role of the General Court (formerly the Court of First Instance)

        6. Describe the role of the EU Civil Service Tribunal

        7. Name the (five) main types of cases and the parties involved in the dispute

         8. Explain the mechanism of “reference for preliminary ruling”

Key terms: EU institutions, legislative function, budgetary power, sources of law, primary legislation (treaties), secondary legislation (regulations, directives, decisions, recommendations), legislative initiative, co-decision /ordinary legislative procedure, supremacy, direct effect, judge, Advocate General, request/reference for preliminary ruling, direct action, actions for annulment, parties in the dispute

Collocations: to sign a treaty, to approve the budget, to enhance the effectiveness of the EU law, to refer a case from a national court to..., to deliver judgement, to interpret/develop EU law, to integrate into legal systems of MS (member states), failure to do sth (e.g. to fulfil an obligation), to bring a case before the CJEU

 

ENGLISH FOR LAWYERS IV

UNIT 27: CONFLICT OF LAWS

1. Explain the origin of terms: conflict of laws and private international law
2. Explain why the term „conflict of laws“ is preferred in common law countries
3. Define conflict of laws
4. Explain the main concerns of conflict of laws
5. Provide examples of conflict of laws
6. Explain the canons for the choice of law

Key terms: adjudication, canon, jurisdiction

Collocations: applicable law, choice of law, enforcement of foreign judgements, foreign element,  judicial jurisdiction,  recognition of foreign judgements, resolution of the dispute

 

UNIT 28: TYPES OF ENGLISH CIVIL LAW

1. Explain different meanings of the term „civil law“
2. Enumerate the most important subcategories of English civil law
3. Define a contract
4. Define  a tort
5. Enumerate the main types of tort
6. Explain the relations between contract and tort (provide examples)
7. Enumerate other categories of civil law

Key terms: award,  contract, contractual,copyright,  defamation, damages,  equitable, forbearance, hold, injury, libel, negligence, nuisance, offender,patent,  practitioner, revenue,slander,  sue, tort, tortious, fortfeasor,  trader,  tresspass, tribunal,  wrong

Collocations: break the law, equitable obligation,  to hold someone liable,  injured party, liquidated damages, merchantable quality, trade union, unliquidated damages

 

UNIT 29 CONTRACT

1.  Provide a definition of  contract

2.  Explain the difference between contracts and agreements

3.  Enumerate requirements for a valid contract

4. Explain what voidable contracts are

5. Explain which contracts are unenforceable

Key terms: defective contract, duress, genuine agreement, hire-purchase contract,  legal capacity, legal consequences, misrepresentation, promissory note, undue influence, unenforceable contract, valid contract, void contract, voidable contract

Collocations: to assign copyright, to avoid a contract, to be affected by a flaw, binding agreement, bill of exchange, binding offer to be enforced by the courts, to be supported by consideration, to comply with, to possess legal capacity, to set the contract aside

 

UNIT 30: NEGLIGENCE

1. Provide a definition of negligence.
2. List the elements of negligence.
3. Explain the terms 'duty of care' and 'causation'.
4. Provide examples of duty of care.
5. Provide examples of situations where there is negligence but no causation.
6. Explain the terms 'foreseeable damage' and 'remote damage'.
7. Explain what damages for negligence may include.
8. Explain the term 'strict liability'.

Key terms: negligence, duty of care, breach of duty of care, causation, the 'but for' test, damages, general damages, specific damages, foreseeable damage, remoteness of damage, proximate cause, reasonable man, statutory negligence, strict liability

Collocations: to act negligently, to sustain damage/an injury, to file a negligence claim

 

UNIT 31 ECONOMIC, SOCIAL AND CULTURAL RIGHTS

1. Explain the foundations for a successful economy

2. Explain the position of entrepreneurs  on the market

3.Enumerate instruments of economic policy which modern states use to intervene in market relations

4. Explain what workers are entitled to

5.Enumerate the most important social rights of citizens of democratic states

6. Explain the concept of cultural rights

Key terms: economic policy, entrepreneur, entrepreneurial freedom, fair remuneration, free market competition, monopoly, social insurance, subsidies, trade unions

Collocations: to enjoy an equal legal position in the market, to exercise the right to work, to intervene in market relations, to prevent the abuse of something

 

UNIT 32: FORMS OF BUSINESS ORGANIZATION IN THE UNITED STATES

1. Name the three principal forms of business organizations in the USA
2. Explain the difference between a sole proprietorship and a partnership
3. Explain the main attributes of a corporation
4. Explain the types of liability in the three forms of business organizations
5. Compare the American forms of business organizations with the basic terms from the Croatian Commercial Code (ZTD, article 1 – 3), such as trgovac, trgovačko društvo, trgovac pojedinac.

Key terms: sole proprietorship/individual ownership, partnership, corporation, retail store/whole sale, liability, profit, loss, perpetual life/succession, transferability of shares, access to capital, professional management

Collocations: a form of business organization, possibility of growth/expansion, (un)limited control over business, (un)limited personal responsibility, association of persons/ capital, a voluntary agreement of partners, artificial person, to form a business, to enjoy profits, to incur losses/debt, to share profits/losses, to utilize/combine capital/labor/skill, to carry on business, to be liable to somebody for something

 

UNIT 33:  JUDICIAL CONTROL OF PUBLIC AUTHORITIES

        1. Give examples of public authorities

        2. Explain the concepts of delegated and subdelegated legislation

       3. Explain the term ultra vires and provide its English synonyms

        4 . Define the doctrine of judicial review

        5. Name and explain the three grounds for judicial review

        6. Elaborate on the two types of judicial review (judicial review of legislation and of administrative acts)

 

        7. Describe the two ways of obtaining remedy (direct challenge, challenge in collateral proceedings)

        Key terms: delegated legislation, public authority, ultra vires, judicial review, legislative body, a direct challenge, challenge in collateral proceeding, enforcement proceedings,

Collocations: to give/have power to do something, to follow the procedure, to step outside (defined) limits, to act beyond powers, to obtain a remedy, to impugn/challenge an act of administration, to require action to be taken, to quash a decision, to arise incidentally, to be affected by something, to commit an offence, the means of ensuring something, an act of administration = an administrative act, the validity of an administrative act

 

UNIT 34: POLICE POWERS IN GREAT BRITAIN

        1. Discuss the general mission of the police in the society

        2. Name the main police powers in Great Britain, including  ‘stop and account’    http://www.bedfordshire.police.uk/advice_centre/stop_and_search/what_is_stop_and_account.aspx

        3. Explain how the police should exercise their powers in a lawful way

        4. Provide examples of the police acting beyond their powers

        5. Consult the Croatian Code concerning police powers (Zakon o policijskim poslovima i ovlastima)

             and  report about three to four powers you have chosen

Key terms: the police power/powers, arrest, entry, search, seizure, false imprisonment, (un)lawful, an arrestable offence, a warrant, an evidence, detinue/conversion, damages

Collocations: to be guilty of a crime/tort/an offence, to be entitled to use reasonable force, to make the arrest, to resist arrest, to escape from custody, to search a person/premises, to enter premises, an arrest under a warrant, entry onto private property, to constitute a tort of trespass, to expel the trespasser, to seize articles/documents, to be evidence against somebody, to do something without lawful justification, to obtain damages