English for lawyers I REVISION Answer the following

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English for lawyers I REVISION

English for lawyers I REVISION

Answer the following questions 1. What are languages for specific purposes? 2. What are

Answer the following questions 1. What are languages for specific purposes? 2. What are the special characteristics of legal English? 3. What are the syntactic features of legal English? 4. What is the meaning of “shall” in legal texts? 5. Which languages exerted a strong influence on English? 6. What are the main periods in the history of English?

2. Fill in the missing words: ambiguous, clarity, complexity, guidelines, lay, legal, Plain, specialised

2. Fill in the missing words: ambiguous, clarity, complexity, guidelines, lay, legal, Plain, specialised There a number of movements and campaigns that argue for _____ and accessibility in legal language. Collectively, this can be called the ______ English approach. Advocates for Plain English are concerned not just with _____ language, but with any _________or professional language which is not easy for lay people to understand. Making written language comprehensible is important and plain language __________ can help improve readers’ understanding of texts. Trying to avoid syntactic ________, _______words and unhelpful nominalisations are all important in making language more accessible to a _______ reader.

Provide the appropriate English legal term for the following definitions: 1. A sequence of

Provide the appropriate English legal term for the following definitions: 1. A sequence of words that usually occur together: _______ 2. Two synonymous words that occur together: __________ 3. A type of verb that is used to indicate modality: likelihood, ability, permission and obligation_____ 4. A word that has the same meaning as another word: _______ 5. The identification, analysis and description of the structure of sentences: _______

4. Translate into Croatian: Legal language is a language for specific purposes. Although it

4. Translate into Croatian: Legal language is a language for specific purposes. Although it is based on ordinary language, it has a number of special characteristics. Moreover, legal language differs from other languages for specific purposes in many respects.

1. Answer the following questions: 1. How can we define law? 2. What are

1. Answer the following questions: 1. How can we define law? 2. What are the main functions of law? 3. What is the purpose of law? 4. What does the United Kingdom consist of? 5. Is there a single legal system in the United Kingdom?

2. Fill in the missing words: communication, decisions, exerts, legislation, linguists, profession, rules, social

2. Fill in the missing words: communication, decisions, exerts, legislation, linguists, profession, rules, social While the law can be defined in a number of ways, fundamentally it is a system of _____ with authority and force behind them. It is ultimately a ‘formal mechanism of _____ control’. Law most obviously connects with language in that it takes form and ______ control through language; ________, judicial ______ and regulations all depend on language for their realisation and __________ In short, ‘Law is a _________ of words’. It is, therefore, not surprising that _______ should be interested in law and all its linguistic manifestations.

3. Provide the terms for the following definitions: 1. A punishment for an act

3. Provide the terms for the following definitions: 1. A punishment for an act which goes against what is generally accepted behaviour: ____ 2. An invasion of a right or a breach of duty; a failure to obey the law: ______ 3. Compulsion, force, duress: _______ 4. A disagreement or argument between parties: ________ 5. General agreement: ________ 6. The place in which a case is being heard: _________

Translate into Croatian: Societies govern themselves by rules of different types, written and unwritten.

Translate into Croatian: Societies govern themselves by rules of different types, written and unwritten. Without these codes of acceptable behaviour, there would be no society, no order, only chaos and anarchy. We conduct our lives according to learned or agreed rules of conduct.

1. Answer the following questions: What is the difference between substantive and procedural law?

1. Answer the following questions: What is the difference between substantive and procedural law? What is the difference between national and international law? What are the main branches of public law? What is the basic difference between public and private law? Why does criminal law belong to public law? What are the main branches of private law?

Fill in the missing words: burglary, Criminal, defendant, guilty, prosecute, prosecution, State, victim ______

Fill in the missing words: burglary, Criminal, defendant, guilty, prosecute, prosecution, State, victim ______ law sets out the types of behaviour which are forbidden at risk of punishment. A person who commits a crime is said to have offended against the ______ and so the State has the right to _________ them. This is so even though there is often an individual ______ of a crime as well. For example, if a _________ commits the crime of _______, breaking into a house and stealing, the State prosecutes the defendant for that burglary, although it is also possible for the victim to bring a private __________ if the State does not take proceedings. However, if there is a private prosecution, the State still has the right to intervene and take over the matter. At the end of the case, if the defendant is found ______, the court will punish the defendant for the offence, because he or she has broken the criminal law set down by the state.

Fill in the missing words: 1. A person who makes a claim against someone

Fill in the missing words: 1. A person who makes a claim against someone in civil courts_________ 2. A formal written agreement between two or more countries_______ 3. To set a person free because he or she has been found not guilty_______ 4. The legal right of a parent to keep and bring up a child after divorce ____ 5. The fact of being legally responsible for paying for damage or loss incurred_____.

 Translate into Croatian: Within national law there is usually a clear distinction between

Translate into Croatian: Within national law there is usually a clear distinction between public and private law. Pubic law involves the state or government in some way, while private law is concerned with disputes between private individuals or businesses. Both public and private law can be subdivided into different categories.

Answer the following questions: 1. What was the earliest source of law before the

Answer the following questions: 1. What was the earliest source of law before the advent of writing? 2. Which was one of the earliest written codes? 3. What was an outstanding example of early law making in ancient Greece? 4. What was the earliest codification of Roman law? 5. Which codification had the greatest impact on European legal systems? 6. When was it compiled? 7. What did it consist of? 8. Where and when was Roman law rediscovered in Europe?

Answer the following questions: 9. What is the reception of Roman law? 10. What

Answer the following questions: 9. What is the reception of Roman law? 10. What was the emergence of national codifications related to? 11. What is the difference between Justinian's code and national codifications? Who were they addressed to? 12. Where did the Napoleonic code exert great influence? 13. Where has the German code been used as a model? 14. How would you explain the emergence of English common law? 15. What is the common law based on, as opposed to civil law systems? 16. What are the main differences between the common law and civil law traditions?

 Fill in the missing words: Acts, custom, delegated, judicial, law, sources, statute The

Fill in the missing words: Acts, custom, delegated, judicial, law, sources, statute The ______ in England Wales has developed gradually over time. Law has been developed in a number of different ways, and the methods of developing law are known as ________ of law. Historically, the most important sources were ______ and judicial decisions. Parliament became more powerful in the eighteenth and nineteenth centuries, with _____ of Parliament becoming the main source of new laws, although ______ decisions were, and are, still important. During the twentieth century, _______ law and judicial decisions continued to be the main sources of law, but increasingly two new sources of law became important: ________ legislation and European legislation. Together, all these sources of law have combined to create the present day legal system.

Provide terms to match the following definitions 1. Payment made to a court to

Provide terms to match the following definitions 1. Payment made to a court to release an arrested person: _______ 2. A special right _________ 3. A common tradition or usage so long established that it has the force and validity of law: _____ 4. A collection of laws: _________ 5. To make or pass laws: ________

Translate into Croatian: Six hundred years after the collapse of the Western Roman Empire,

Translate into Croatian: Six hundred years after the collapse of the Western Roman Empire, the scholarly study of Roman law revived, starting in Bologna, the first university in Western Europe (c. 1088 AD). The universities taught law students Justinian’s civil law, which together with canon law provided the basis for ius commune, the common law of continental Europe.

Answer the following questions: What is a source of law? What are the major

Answer the following questions: What is a source of law? What are the major sources of law? How would you define case law? How can we define a precedent? Which type of legal reasoning is deductive: civil law or common law? Which type of legal reasoning is inductive: civil law or common law? Why have civil law and common law systems come closer together recently? What is the impact of international law on national legal systems?

Answer the following questions What are the most important religious legal traditions today? What

Answer the following questions What are the most important religious legal traditions today? What is the longest, continuously operating legal system in the Western world? What is one of the hallmarks of Western legality regarding law and religion? Which religious legal traditions have been adopted as state law? Why is Islamic law considered to be immutable? What is the customary Hindu law based on? What are the two theories of Chinese law?

Fill in the missing words: binding, codes, commercial, common, courts, procedure, scholarly, statutes In

Fill in the missing words: binding, codes, commercial, common, courts, procedure, scholarly, statutes In civil law systems the main branches of the law are embodied in written _____, which try to be comprehensive and clear. There are codes of criminal law, of criminal ______, of private law, of _________ law, and perhaps others. The codes are meant to contain the main principles of each branch of the law. Other ________ fill in the details. Along with codes and supplementary statutes, ________ writing, often by university professors, has an important place in civil law systems. Scholars explain and comment on the codes, statutes and decisions of _______. The same elements are to be found in ________law systems, but in a different order of importance. Some common systems have codes, but most do not. The statutes are all on a level. The decisions of judges of the higher courts are ________, and much of the law is left to the courts to develop. The opinions of individual judges have the prestige that in civil law systems attaches to the opinions of scholars.

Supply the appropriate terms for the following definitions 1. The document containing the fundamental

Supply the appropriate terms for the following definitions 1. The document containing the fundamental rules and principles that prescribes the nature, functions, and limits of a government and the rights of citizens_______ 2. The body of law set out in judicial decisions, as distinct from statute law ______ 3. Decisions of judges to be followed in later, similar cases _______ 4. An established written law, especially an Act of Parliament ________ 5. The act of bringing together various Acts of Parliament which deal with one subject into a single Act_________.

Translate into Croatian: Each state has its own legal system. The structure and characteristics

Translate into Croatian: Each state has its own legal system. The structure and characteristics of these systems are highly variable. Some legal systems are organized on the basis of a written constitution, some have constitutional systems not resulting from a single written text, and some do not have an explicit constitutional framework.

Answer the following questions 1. What are three branches of government? 2. What is

Answer the following questions 1. What are three branches of government? 2. What is the highest legislative institution in most legal systems? 3. What are the functions of Parliament? 3. What are the functions of the executive branch? 4. What is the main function of the judicial branch? 5. What is the main purpose of the separation of powers?

Fill in the missing words: disputes, enforces, executive, govern, judicial, legislative, legislature, separation The

Fill in the missing words: disputes, enforces, executive, govern, judicial, legislative, legislature, separation The state has three main functions: ________, ________ and _______. The _________makes laws; the executive _________ the laws and governs the country; the judges decide ________ that come before them and in doing so interpret the law and apply it to the facts of the case. Two ideas underlie the ______of powers. The first is that, to avoid too much concentration of power, the same people should not legislate, _____and judge. Each of the state should be independent of the others. But if each branch is independent of the others, the danger is that they will each go their own way and abuse their powers. To avoid this, each branch should be kept in check by the others.

Provide the terms for the following definitions: 1. The branch that directly governs the

Provide the terms for the following definitions: 1. The branch that directly governs the country: _________ 2. A body of ministers consisting mostly of heads of chief government departments: ________ 3. A complaint to a superior court of an alleged injustice created by an inferior court: ______. 4. A system of mechanisms by which each of the branches of government limits the powers of the other: ___________. 5. The head of government: ________.

Translate into Croatian: Even though the powers may seem to be distinct and perfectly

Translate into Croatian: Even though the powers may seem to be distinct and perfectly separate, in most systems they overlap. This is often intentional in order to facilitate or expedite certain procedures. In some countries, the courts can abrogate provisions of law or invalidate decisions made by the executive branch if they are in conflict with the constitution or other laws.