Unit_01_The Practice of Law.pdf

The practice of law

PART I: THE LEGAL SYSTEM

Bodies of law

1 Read the excerpts below from the course catalogue of a British university’s

summer school programme in law and answer these questions.

1 Who is each course intended for?

2 Which course deals with common law?

3 Which course studies the history of European law?

LAW 121: Introduction to English law

LAW 221: Introduction to civil law

This course provides a general overview of

English law and the common-law system.

The course will look at the sources of law

and the law-making process, as well as at

the justice system in England. Students

will be introduced to selected areas of

English law, such as criminal law, contract

law and the law of torts. The relationship

between the English common law and EC

law will also be covered.

More individuals in the world solve their

legal problems in the framework of what is

called the civil-law system than in the

Anglo-Saxon case-law system. This course

will introduce students to the legal systems

of Western Europe that have most

influenced the civil-law legal systems in

the world. It aims to give students an

insight into a system based on the

superiority of written law. The course will

cover the application and development of

Roman law in Europe to the making of

national codes all over the world.

The course is designed for those

international students who will be studying

at English universities later in the academic

year. Other students with an interest in the

subject are also welcome to attend, as the

contact points between English law and

civil law are numerous. The seminars and

all course materials are in English.

The course is intended to prepare students

who are going to study in a European

university for the different approaches to

law that they are likely to face in their year

abroad.

2 Match these bodies of the law (1–3) with their definitions (a–c).

1 civil law

a Area of the law which deals with crimes and their punishments, which

include fines and/or imprisonment (also penal law)

2 common law

b 1) Legal system developed from Roman codified law, established by a state

for its regulation; 2) Area of the law concerned with non-criminal matters,

rights and remedies

3 criminal law

c Legal system which is the foundation of the legal systems of most of the

English-speaking countries of the world; it is based on customs, usage and

court decisions (also case law, judge-made law)

3 Complete the text below contrasting civil law, common law and criminal law

using the words in the box.

based on bound by codified custom disputes legislation

non-criminal precedents provisions rulings

The term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’. In the

first sense of the term, civil law refers to a body of law 1) ......................... written

legal codes derived from fundamental normative principles. Legal 2) ..........................

are settled by reference to this code, which has been arrived at through

3) .......................... . Judges are 4) .......................... the written law and its 5) .......................... .

In contrast, common law was originally developed through 6) .......................... , at a

time before laws were written down. Common law is based on 7) ..........................

created by judicial decisions, which means that past 8) .......................... are taken

into consideration when cases are decided. It should be noted that today

common law is also 9) .......................... , i.e. in written form.

In the second sense of the term, civil law is distinguished from criminal law,

and refers to the body of law dealing with 10) .......................... matters, such as

breach of contract.

4 Which body of law, civil law or common law, is the basis of the legal system

of your jurisdiction?

Types of laws

The word law refers generally to legal documents which set forth rules governing a

particular kind of activity.

5 Read the following short texts, which each contain a word used to talk about

types of laws. In which kind of document do you think each appeared? Match

each text (1–5) with its source (a–e). Consult the glossary if necessary.

The new EU Working Hours Directive

is reported to be causing controversy

amongst the medical profession.

Th e purpo se of th is Ord inance 1 is to r egulate

tra ffic upo n the S treets a nd Pub lic Plac es in th e

To wn of H anville, New H ampsh ire, for the

pro motion of the safety and we lfare of the pu blic.

When a statu te is pla in and

unam biguous , the co urt mu st give e ffect

to the intenti on of th e legisl ature a s

expre ssed, ra ther tha n deter mine w hat

the la w shou ld or sh ould no t be.

Mr S peaker, I am pleased to h ave the opportunity to pre sent the Dog Control

Ame ndment Bill to the House . It is a further milestone in meeting the

chan ging expectations we hav e about what is responsib le dog ownership.

(UK) by-law

a court ruling

b local government document

c newspaper

d parliamentary speech

e brochure for employees

Unit 1 The practice of law

6 Find words in Exercise 5 which match these definitions.

1 Rules issued by a government agency to carry out the intent of the law;

authorised by a statute, and generally providing more detail on a subject

than the statute

2 Law enacted by a town, city or county government

3 Draft document before it is made into law

4 Legal device used by the European Union to establish policies at the

European level to be incorporated into the laws of the Member States

5 Formal written law enacted by a legislative body

7 Complete the following sentences using the words in the box

bill directive ordinance regulations statutes

1 The Town Council will conduct a public hearing regarding a proposed

.......................... concerning property tax.

2 According to the .......................... concerning working time, overtime work is work

which is officially ordered in excess of 40 hours in a working week or in

excess of eight hours a day.

3 Early this year, the government introduced a new .......................... on electronic

commerce to Parliament.

4 A number of changes have been made to the federal .......................... governing

the seizing of computers and the gathering of electronic evidence.

5 The European Union ....................... on Data Protection established legal principles

aimed at protecting personal data privacy and the free flow of data.

Speaking 1: What a law says

There are several ways to refer to what a law says. Look at the following

sentences:

The law stipulates that corporations must have three governing bodies.

The law provides that a witness must be present.

The patent law specifies that the subject matter must be ‘useful’.

These verbs can also be used to express what a law says:

The law states / sets forth / determines / lays down / prescribes that ...

8 Choose a law in your jurisdiction that you are familiar with and explain what it

says using the verbs listed above.

Types of courts

Courts can be distinguished with regard to the type of cases they hear.

9 Match each of the following types of court (1–9) with the explanation of what

happens there (a–i).

1 appellate court ( or court of

appeals, appeals court)

2 crown court

3 high court ( or supreme

court)

a This is where a person under the age of 18 would be tried.

b This is the court of primary jurisdiction, where a case is heard

for the first time.

c This is where small crimes are tried in the UK.

d This is where law students argue hypothetical cases.

4 juvenile court

5 lower court ( or court of

first instance)

6 magistrates’ court

7 moot court

8 small-claims court

9 tribunal

e This is where a case is reviewed which has already been heard

in a lower court.

f This is where cases involving a limited amount of money are

handled.

g This is where serious criminal cases are heard by a judge and a

jury in the UK.

h This is where a group of specially chosen people examine legal

problems of a particular type, such as employment disputes.

i This is usually the highest court in a jurisdiction, the court of

last resort.

Speaking 2: Civil court systems

10 Work in small groups.

1 Describe the civil court system in your jurisdiction.

2 Select one type of court in your jurisdiction and explain which kinds of

cases it deals with.

Persons in court

11 Complete this diagram with the words and definitions below (a–f).

1) ...........................

public official who has

the authority to hear

and decide cases

person who

initiates a civil

lawsuit

defendant/

respondent

judge

plaintiff/

petitioner

2) ...........................

reasonably

prudent person

COURT

3) ...........................

person who has

specialised knowledge

of a particular subject

who is called to

testify in court

bailiff

5) ...........................

clerk

advocate

4) ...........................

employee who takes

records, files papers

and issues processes

6) ...........................

person who

appeals a decision

to a higher court

a expert witness

b appellant

c person who is sued in a civil lawsuit

d officer of the court whose duties include keeping order and assisting

the judge and jurors

e person who pleads cases in court

f hypothetical person who uses good judgment or common sense in handling

practical matters; such a person’s actions are the guide in determining

whether an individual’s actions were reasonable

Unit 1 The practice of law

Listening 1: Documents in court

12 X Listen to a lawyer telling a client about some of the documents involved in

his case and answer these questions.

1 What is the client accused of?

2 Will the case go to trial?

13 Match these documents (1–9) with their definitions (a–i).

1 answer a a document informing someone that they will be

involved in a legal process and instructing them what

they must do

2 affidavit b a document or set of documents containing the details

about a court case

3 brief c a document providing notification of a fact, claim or

proceeding

4 complaint d a formal written statement setting forth the cause of

action or the defence in a case

5 injunction e a written statement that somebody makes after they

have sworn officially to tell the truth, which might be

used as proof in court

6 motion f an application to a court to obtain an order, ruling or

decision

7 notice g an official order from a court for a person to stop

doing something

8 pleading h in civil law, the first pleading filed on behalf of a

plaintiff, which initiates a lawsuit, setting forth the

facts on which the claim is based

9 writ i the principal pleading by the defendant in response to

a complaint

14 X Listen again and tick the documents that the lawyer mentions.

1 answer

2 affidavit

3 brief

4 complaint

5 injunction

6 motion

7 notice

8 pleading

9 writ

15 Match each verb used by the lawyer (1–5) with its definition (a–e).

1 to draft a document

2 to issue a document

3 to file a document with an authority

4 to serve a document on someone

( or to serve someone with a

document)

5 to submit a document to an

authority

a to deliver a legal document to someone, demanding

that they go to a court of law or that they obey an order

b to produce a piece of writing or a plan that you intend

to changer later

c to deliver a document formally for a decision to be

made by others

d to officially record something, especially in a court

of law

e to produce something official

16 Decide which of the nouns in Exercise 13 can go with these verbs. The first

one has been done for you.

1 draft an answer

2 issue

3 file (with)

4 serve (on someone)

5 submit

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