English for lawyers 3 REVISION Answer the following

English for lawyers 3 REVISION

Answer the following questions: 1. How can we define a crime? 2. What are the two elements of a crime? 3. What are three categories of criminal offences in England Wales? 4. What is the purpose of criminal law? 5. What is the standard of proof in criminal cases? 6. What is the role of the prosecutor? 7. What is the adversary system of justice? 8. Which agency prosecutes most criminal cases in England Wales? 9. What are the purposes of punishment?

Fill in the missing words: adversarial, charge, defendent, Magistrates, pleads, proof, sentence, try. The two courts which hear criminal cases are the ______Court and the Crown Court. If a ________ in either one of these courts ______ guilty to a _____ against them the role of the court is to pass ______. Where the accused pleads not guilty the role of the court is to _____ the case and establish whether the defendant is guilty or not guilty. The burden of ________ is on the prosecution who must prove the case beyond reasonable doubt. The form of trial is _________ with prosecution and defence presenting their cases and cross-examining witnesses while the role of the judge is to be a referee, overseeing the trial and ensuring that the law is adhered to. The judge does not investigate the case.

Supply the appropriate English term corresponding to the following definitions: 1. to institute criminal proceedings against an offender charged with crime: ______ 2. to find or prove (someone) guilty of an offence: _______ 3. to find or prove (smeone) not guilty of an offence: ______ 4. The least serious offences: ________ 5. The most serious offences: _________

. Translate into Croatian: When passing sentence, every criminal court must act in accordance with the purposes of sentencng set out in the Criminal Justice Act 2003. They include punishing offenders, reducing crime, reforming and rehabilitating offenders, protecting the public and reparation by defendants to persons affected by their offences. Besides the above mentioned, the seriousness of the criminal offence is a key criterion for passing sentece.

Answer the following questions: 1. How can we define a tort? 2. What are the main groups of torts? 3. What are the main torts affecting land? 4. What are three forms of trespass to the person? 5. What is the difference between battery and assault? 6. What are the two types of defamation?

Answer the following questions: 7. What are the remedies for defamation? 8. How can we define negligence? 9. How would you explain the 'neighbour principle' in negligence cases? Who is your 'neighbour' in law? 10. Which duty is breached in negligence cases? 11. What is the key factor in determining whether a duty of care exists? 12. What is the standard of care in negligence cases? 13. What is the intervening act in cases of negligence?

Fill in the missing words: compensation, damages, defendant, enforce, plaintiff, proceedings, punishment, tort The object of criminal ________ is primarily ______. The police are the principal agents to _______ the criminal law, though a private person may also prosecute a criminal offence. If the ________ is found guilty the court may award the proper punishment. The object of proceedings in ______ is not punishment, but _________ or reparation to the claimant, previously designated as the _________for the loss or injury caused by the defendant, i. e. _________. The same facts may disclose a crime and a tort. Thus, if A steals B's coat, there is (i) a crime of theft, and (ii) trespass to goods (a tort) and conversion (also a tort). If X assaults Y, there is both a crime and a tort.

Supply the terms for the following definitions: 1. Unlawful invasion ordirect interference with the land of another: _______. 2. Indirect interference with another's use or enjoyment of land: ________. 3. Unlawful contact with the body of the claimant: _______. 4. Intentional and direct causing of apprehension and anticipation of physical violence: _____. 5. Deprivation of the freedom of movement: ________ 6. Breach of the duty of care: ___________

Translate into Croatian: The law of torts is an area of civil or private law. Generally speaking, torts involve situations where damage was caused or a wrong commited as a result of unreasonable conduct, unrelated to contract. While torts are increasingly regulated by statute, the rich case law still retains a central role.

Answer the following questions 1. How can we define a contract? 2. What are three essential requirements for the formation of a valid English contract? 3. What are the forms of a contract? 4. What are the two types of contractual terms? 5. What can render a contract voidable? 6. What can render a contract unenforceable? 7. How can a contract end? 8. What are the remedies for a breach of contract?

Fill in the missing words: acceptance, contract, offeree, offeror, orally, terms, unconditionally To constitute a _______ there must be an offer and an________. The party making the offer is known as the _________, the party to whom the offer is made is known as the ________. The contract comes into existence when an offer has been _______ accepted. An offer may be made _______, in writing or by conduct. It may be made to a definite person or to the whole world, i. e. generally. Where an _______ is made to one person only, only that person may accept. Where an offer is made to the whole world, anyone may accept by complying with the ______ of the offer

Supply the terms for the following definitions: 1. Power provided under law to a natural person or a juridical person to enter into binding contracts: ___________ 2. Something of value which must be given for a contract to be enforceable: __________ 3. A proposal to enter into an agreement, usually accompanied by an expected acceptance: _______ 4. The contact's essential terms: _________ 5. Minor stipulations in a contract: _________

Translate into Croatian: A breach of contract occurs when a party, without lawful excuse, fails or refuses to perform some of the obligations under the contract, or performs them defectively. The breach of a condition entitles the innocent party to terminate the contract and claim damages as the primary remedy the law provides for breach of contract.

Answer the following questions: 1. What does family law deal with? 2. How can marriage be defined? 3. What are the requirements for a valid English marriage? 4. What is the difference between a void and a voidable marriage? 5. What is the ground for divorce according to the Matrimonial Causes Act 1973? 6. What must the petitioner prove to the court? 7. How can domestic violence be defined? 8. What are non-molestation orders and occupation orders?

Fill in the missing words: consent, contracting, forcible, legal, mistake, obligations, voluntary The ________ view of marriage is that it is a _______ between two persons. Because it fundamentally affects the status of each of the _______ parties and imposes rights and ______ of a special kind, marriage is accorded a particular importance legally as well as socially. Lord Penzance defined marriage as the _______ union for life of one man and one woman to the exclusion of all others (Hyde v. Hyde, 1866). It follows from the above definition that _______ marriage and marriage by deceit or by ____ must be voidable. Deceit means misrepresentation of the essential nature of the transaction; mistake means an essential mistake, e. g. the identity of the other party, or the ceremony itself. The free and voluntary _______of the parties is essential.

Provide the terms for the following definitions: 1. An act by which the rights and duties of the natural parents of a child become extinguished, and equivalent rights and duties become vested in the adopters: ________ 2. An act of sexual intercourse between a man and a woman not married to each other when at least one of them is married to someone else: ________ 3. Close blood relationship: ______ 4. A legal relationship between two persons of the same sex: _______ 5. The legal termination of a marriage by a decree of divorce, nullity, or presumption of death: ___________

Translate into Croatian Violence can occur in many forms and it may cause the breakdown of a relationship, including family relationships. Domestic violence can be defined as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.

Answer the following questions 1. What is the simplest form of business ownership? 2. What is the liability in a partnership? 3. How are partnerships set up? 4. What is a form of partnership whose legal identity is separate from its members? 5. What is the legal status of a company? 6. What are the attributes of companies? 7. What are the main documents required for incorporation? 8. Which companies cannot offer its shares to the general public for sale? 9. Which companies can raise additional capital by issuing shares to the general public on a stock exchange market?

Fill in the missing words: annulled, contracts, corporation, entity, lawfully, legal, succession A corporation is a legal _____, or artificial person, with a distinctive name, perpetual ____ and a common seal. The essential feature of a corporation is that it has a _____ personality distinct from that of its members or those who control it. It is clear, of course that a ______ once created by law will only be able to act if there are human agents who for example order goods and make ______ for it, or perform other functions which the corporation itself may ______ be empowered to do. The corporation continues in existence irrespective of the death or expulsion of any or all its members. Its independent existence and survival is known as ‘perpetual succession’. This expression means that once the corporation is created by law it will continue until it is destroyed, _____or dissolved by ______.

Provide the terms for the following definitions: 1. The amount of income that is paid in tax: _________ 2. The condition of being actually or potentially subject to a legal obligation: _______ 3. Any property owned by a person or firm that has financial value______ 4. An entity other than a natural person created by law and recognized as a legal entity_____ 5. An individual or group that shares ownership with another individual or group: _____ 6. The process of legally declaring a corporate entity as separate from its owners: _______ 7. An offer or an attempt to take control of a company by buying enough of its shares is called____

Translate into Croatian: The owner keeps all the profits of the business but, by having unlimited liability, he is also personally responsible for all of its debts and losses. Therefore, if the business fails, any business debt will be met from the owner’s personal assets. Keeping accounts and records showing income and expenses is rather simple

Answer the following questions: 1. What employee rights are guaranteed by statute in Britain? 2. What types of employee status can you name? 3. Why is a contract of employment different from a regular contract? 4. What is a collective agreement? How do you think it can affect the contents of an employment contract? 6. What is a notice period and why is it important? 7. Name some terms of an employment contract. 8. What are some of the reasons employment can come to an end? 9. What is meant by ‘dissolution of the employer’? 10. Name all the judicial instances for the resolution of employment disputes.

Fill in the missing words: Act, disclosure, dismissal, employee, Employment, malpractice, regulatory, victimization The Public Interest Disclosure ______, 1998 provides protection for public interest whistleblowers against ______ where individuals have raised genuine concerns regarding ________, in accordance with the provisions in the Act. The legislation incorporates a new Part IVA into the ________ Rights Act, 1996 whereby an _____ can claim compensation if dismissed where the reason for that _______ was the making of that protected _______ and such an award will be based on actual losses. The type of malpractices are defined within the Act and include a good faith test, proof that there is a factual basis for their belief and in the event of a wider public disclosure, will have either raised it internally or with a prescribed ________ body first, unless the employee was prevented by some good reason from doing so.

Provide the appropriate terms for the following definitions: 1. The situation where an employee has been laid off because the amount of workload no longer justifies his employment: ______ 2. Termination of employment by the employer available when an employee has committed gross misconduct: __________ 3. The situation where an employee initiates the termination of employment for his own reasons: ________ 4. Returning to previous employment: _______ 5. Obtaining another position with the same employer: _ _________

Translate into Croatian: A contract of employment regulates the relationship, rights and obligations of a particular employee with regard to the employer. In the conclusion of an employment contract there is usually an imbalance of bargaining power between the two parties, with the employee being the weaker party. For this reason, a certain amount of minimum statutory protection is provided.