Welcome to TiddlyWiki created by Jeremy Ruston; Copyright © 2004-2007 Jeremy Ruston, Copyright © 2007-2011 UnaMesa Association
in statutes, how are the various parts divided up?
UK legislation follows the following hierarchy, from largest to smallest:
chapter - Acts of Parliament are referred to by year and they also have a "chapter" number.
part - Acts are divided into several Parts.
article - these may appear in international documents
section
subsection
paragraph
sub-paragraph
Notice that in continental Europe there are often false friends for the words "article" and "section", another problem is that European Union legislation when written in English does not follow the British conventional hierarchy- rather, it uses the continental format where a '''section''' can contain various '''articles'''.
note also that before a piece of legislation enters into force by receiving [[royal assent]], that is to say while it is still being discussed by parliament the legislation is called a [[bill]] and the items which will become '''sections''' are referred to as '''clauses'''.
apostrophe s - used to denote possession. There are clear rules about this but people who are unaware of these can create confusion. Compare, for example:
the boss's car
and
the bosses' cars
or
Lennon and McCartney's songs
and
Lennon's and McCartney's songs
[[Brown v. Board of Education]] was an important 1954 decision which had a profound effect on US society. In 2004 Columbia law school held a series of events to discuss and commemorate this. Parts of the event are available on video:
There is a page with links to the main speakers: http://www.columbia.edu/cu/news/media/04/319_brown_vs_board/index.html
these are Realmedia videos. Here's a direct link to the shortest one:
Jack Greenburg's introduction http://www.columbia.edu/cu/news/media/04/319_brown_vs_board/jackGreenberg.ram
A lecture by Professor Hugh Beale from 13th January 2011 [[at the LSE|LSE Lectures]].
This is available as an mp3 download http://richmedia.lse.ac.uk/publicLecturesAndEvents/20110113_1830_aEuropeanContractLawAcuckooInTheNest.mp3 and
a video[http://www.youtube.com/user/lsewebsite#p/c/0C1E7F2DC649DD98/10/D0EEnUSyyd4
!!Outline of the lecture:
Many countries have adopted the Vienna convention on international sales, the “unidroit principles” of international contracts are also successful. Within Europe there have also been “Principles” published by the Lando commission. This is in various volumes and serves to strip away differences in terminology.
!!Why are these different restatements produced?
Principles can be adopted into specific contracts but they will ultimately always be interpreted according to a national legal system. Arbitrators are not limited to national systems and can choose which principles to apply. This might allow them to function as modern day “[[lex mercatoria]]”. The principles can provide a basis for drafting new legislation, as a tool for translation especially via the comparative notes. The way forward might include the creation of a single European wide contract law or civil code.
Consumer law acquis in Europe shows some inconsistencies between different directives, this resulted in The principles of existing EC private law.
The European commission may introduce a “common frame of reference” partly to improve the existing acquis, as proposed in the 2004 document “''the way forward''”. There are two different ways of understanding what this would be:
!!!as a guide or toolbox for legislators or courts
'''Definitions''' - This would assist in revising the [[acquis]]. The commission seems to agree that legal concepts are not defined in regulations. For example giving a right to “damages” it may not be clear whether this would include [[non-pecuniary losses]], such as loss of enjoyment.
'''Drafting legislation''' - Legislators often just copy out the wording of a directive when they implement it in their jurisdiction. The common frame of reference could be used as a sort of dictionary.
'''Model rules''' - this could work if the academics make it clear why they think a rule is good and also show the alternatives they have considered.
'''Fundamental principles''' - this could be ideas like “[[freedom of contract]]” or “the need to intervene to protect weaker participants”...very often these pull in opposite directions.
Did the [[DCFR]] help in the task of improving the consumer rights directive?
8 consumer directives were reviewed to make the new proposal.http://ec.europa.eu/consumers/rights/cons_acquis_en.htm#dir
The [[DCFR]] has turned out to be a rather academic document. If you think that it is just a toolbox this may be enough. It provides definitions “should they ever be needed”...
The politicians were impatient though...they wanted to revise the consumer acquis immediately without waiting for the CFR to use as a basis. The consumer rights protection actually aims to make life easier for businesses...especially if they are distance selling to people in places where buyers benefit from a high degree of protection...or maybe where they don't even know where the buyer is.
There is a problem with this: If the laws were really harmonised No member state could give higher protection to its consumers. This will be unacceptable to legislators. The likely solution is a “blue button”. This looks like the other sort of use...
!!!as an optional extra legal system – a “28th legal system”.
The expert group has recently been asked to concentrate on a document that will cover only sales of goods. The idea is that it would introduce an optional instrument for cross -border sales....rather like the Vienna convention.
But the Vienna convention applies unless you opt out. This would allow consumers to OPT IN to a blue button type transaction.
[[Instalment sales]] are a problem area because they have to do with credit as well...creates of a lot of other work.
The consensus is that it has to contain a high level of consumer protection. Otherwise people will not be attracted unless the option is at least higher than the minimum standards...but not so high as to be unacceptable to businesses.
Is the blue button good for UK consumers?
It doesn't make a big difference in Britain. The real question will be for places with more protection like Denmark or Sweden. At the moment some organisations may not wish to offer [[distance sales]] to these countries. In the future the "blue button" may allow them to sell ''on condition that the buyer accepts that the transaction will be carried out under the terms of the optional instrument''.
It seems likely that the optional system for international sales would start being used for internal domestic sales as well...that's a potential cuckoo. It could push out the local (national) contract law.
What about if it was used for business to business transactions? Here the question is who might use it....there are advantages:ease of translation, simplicity... but maybe these are not such a problem for large firms. The costs involved now are small for them because they deal in large quantities. Small and medium-sized businesses could benefit more.
!!What is the optional instrument likely to include?
There was a request to make it short - only 150 articles. This means "''it will probably only cover basic general contract law with a few consumer provisions and some stuff on sales''."
Hopefully the Commission will agree to expand the 150 article limit.
!!Is this new document a threat to our national legal systems?
It could potentially become important for business to business contracts, and it is likely to be very different to the Anglo-Saxon system. English contract cases often involve sophisticated businesses in high value transactions, and this may have led to a more individualistic approach. The CFR may have a higher requirement of [[good faith]] and greater protection against [[unfair contract terms]].
However if it is an optional instrument then there is no need to be so worried about it. It would be suitable for smaller and less sophisticated businesses who would prefer more protection which English law tends not to provide. All the documents are presently in English only so it could turn out to be a good opportunity for the UK legal profession.
!!terminology
[[directive]]:
[[acquis]]:
[[vires]]
[[SME]] small and medium-sized enterprises.
!!Related links
PanGloss - blog posting on an earlier presentation by Prof. Beale http://blogscript.blogspot.com/2008/04/european-draft-common-frame-of.html
A Comparative analysis of Consumer law in the EU produced at the University of Bielefeld http://ec.europa.eu/consumers/rights/docs/consumer_law_compendium_comparative_analysis_en_final.pdf
(in the media wiki version of the site abbreviations was a subcategory of Language points) Now there are two different tags: language points and abbreviations
Due to the danger of creating a [[Battle of forms]] situation, business people are advised not to change the language of the offer in their acceptance. This is expressed as the "mirror image rule".
http://www.youtube.com/watch?v=j8pgbZV757w
Changes in the wording or terms are likely to mean that the reply will be interpreted as a counter-offer rather than an acceptance.
However there are also ways of finding that a contract has been created based on the behaviour of the parties. In the USA the [[UCC]] has a system for dealing with the situation in article 2-207.
In UCC 2-207 can allow a contract to exist, even where some of the key terms of the contract are still not determined: for example quantities or dates of delivery. The expression of acceptance may contain different terms and still "operate" as an acceptance, unless the offeree explicitly states that their acceptance is conditional on the offeror agreeing to the extra added term.
see http://forum-legal.blogspot.com/2010_07_01_archive.html
These two are very close. Both of them are often replaced with "''under''" to mean "as defined in".
Garner http://lawprose.org/index.php recommends '''avoiding''' the expression "according to". He is also against replacing "''in accordance with''" with "''pursuant to''"
In [[Contract]] law it is often important to [[Agent_vs._employee | distinguish between an agent and an employee]].
!!Textbook reference
see
[[chapter six|IILE_Unit_6]] of Introduction to International Legal English for a reading on Commercial Agency contracts
'''An Essential A–Z of Business Law''' is a vocabulary test and practice book by Catherine Mason and Rosemary Atkins. It contains definitions and practice quizzes organised in alphabetically order. Second edition published 2006 by [[Cambridge Law Studio Ltd.|http://www.cambridgelawstudio.co.uk]]
Anki is a program which helps people to train their memories. It works on the principle that the effort of trying to recall information gradually increases the strength of a particular memory...so it asks you to spend more time and effort on the things which are hardest to recall.
Download the program from the Anki site http://ichi2.net/anki/
Then inside Anki download the shared deck called Legal English for Russian Speakers:[img[download|ShareAnkiDown.jpg]]
Don't limit yourself to the words which are already in the pack. You can easily add new ones by pressing the big green arrow:[img[addvocab|AnkiAddVocab.jpg]]
You can download a worksheet with empty spaces for Russian Speakers at [[worksheet|AnkiVocEmpty.pdf]]
Arbitration is a process for settling disputes outside of the [[court system]]. A neutral third party is chosen by both sides to reach a decision
The word "''arbitration''" can cause problems for translators. For example the Belgian Constitutional Court is called Arbitragehof or Cour d’arbitrage; while in Russia the Arbitrazh Court deals with business matters.
!!Textbook reference
see
[[IILE_Unit_8 | chapter eight]] of Introduction to International Legal English
!!related links
[http://cisarbitration.com/ CIS Arbitration forum]
[http://www2.lse.ac.uk/newsAndMedia/videoAndAudio/channels/publicLecturesAndEvents/player.aspx?id=1201 Basic concepts of international arbitration - a lecture at the LSE by Jan Paulsson]
A BBC and Open University series on this branch of the legal profession in the UK: http://www.open2.net/barristers/index.html
A video lesson from the general English course "inside out"[http://www.insideout.net/blog/elessons/video-lesson-9-the-barrister]
"Battle of forms" is the name of a type of legal problem which arises when both the buyer and the seller send each other their own documents (frequently a standard contract which the company always uses).
http://youtu.be/b6-PRwhU7cg
In the USA this sort of issue may be governed by article 2 of the uniform commercial code. Check thishttp://www.cali.org/lesson/1045 podcast by Professor Martin of Western New England School of Law
see also [[case study 2|ILE Case study 2]] in International Legal English.
The usual common law solution to this sort of problem is the mirror image rule.."the language of offer and acceptance must be the same." see [[acceptance]]
A memorable case in [[tort]] where the argument concerns a passerby hit by a ball while walking past a cricket ground.
An example of a building contract here [http://contracts.onecle.com/paypal/workstage.construct.2002.shtml and
http://www.siteselection.com/issues/2003/sep/p512/ background information on the project
!!Textbook reference
see
[[case study 1|IILE Case Study 1]] in Introduction to International Legal English
Without creating a separate legal entity, Russians can go into business as a [[sole trader]], or an "individual entrepreneur".
There are three main organisations which can be created as legal persons for business:
*[[ооо]] - where shares (stocks) are not created
*[[зао]] - a limited company with restrictions on the transfer of stocks, something like a [[private limited company]]
*[[оао]] - a limited company where members can easily sell their stocks, something like a [[public limited company]]
This [http://en.wikipedia.org/wiki/Types_of_business_entity excellent wikipedia page gives an international comparison of types of business entity around the world] explaining them in terms of their Anglo-saxon equivalents.
This is often referred to as the various related processes of [[Merger]] and [[Acquisition]]
This likely involves advice on [[mortgages]] as well as help in the process of [[conveyancing]] and advice on the law of [[Real Property]].
See these two videos on buying real estate in Italy
part one: http://youtu.be/YnHLiuAtj1s
[[This video from Khan academy|http://www.youtube.com/watch?v=WvITkPn83gc]] explains the basic idea.
The Civil Procedure Rules. Procedures determining the administration of civil cases in UK courts. These create a number of ready-made tracks and protocols. see http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm
The forms and advice for parties are available here http://www.justice.gov.uk/civil/procrules_fin/menus/forms.htm
Cambridge ESOL is not-for-profit organisation which creates exams for students of English as a "second or other" language. In the field of Legal English it offers the [[ILEC exam]].
There are two basic reasons why a person may not be able to make a [[contract]]: Being under the age of 18 or not of "sound mind". In these situations a contract which involves a party who lacks "capacity" will either be void or voidable [[Void vs. voidable]].
In [[Lucy v. Zehmer]] the two parties were drunk. Lucy tried to enforce the contract, which they had jotted down on a receipt from the bar where they were sitting, to sell a farm for $50,000. The court found that the contract was enforceable anyway.
This 1893 case is studied by students as part of the introduction to contract law. A summary from the BBC is available here [http://news.bbc.co.uk/2/hi/business/8340276.stm]
Summary
http://www.youtube.com/watch?v=g0DKhivvsck - barrister discussing the case
There are exercises relating to this case in [[English for Contract and Company Law]]
Pages in this category may relate either to real case reports or to hypothetical problems designed to illustrate particular points. There are places online where you can search for reports such as:
http://www.bailii.org/form/search_cases.html
The Chatham House Rule (see translations of the rule itself) http://www.chathamhouse.org/about-us/chathamhouserule-translations is a rule which provides [[confidentiality]] for information received at meetings.
Civil litigation refers to matters that are not in the field of criminal law, and which potentially could be contested in court - such as actions in [[Tort]] or [[Contract]]
The Russian Civil code is available here in the original [http://www.gk-rf.ru/] and an English translation can be found here[http://www.russian-civil-code.com/]
see [[Else chapter 4]] and the [[Court system]]
also the introduction to [[English for Contract and Company Law]]
The term '''Common law''' is used to make several different distinctions:
*Common law ''as opposed to statute law''. In countries like the UK, the law has various sources, including earlier decisions by judges, which are referred to as the common law.
*Common law systems like Britain and the US, ''as opposed to [[civil law]] systems'', such as the [[Russia |Russian one]].
*Cases in common law ''as opposed to cases and ideas that belong to [[equity]]'' which developed historically as a separate system in the [[High Court of Chancery]] in England between the 15th and 19th centuries.
!!Textbook references
[[Chapter 1|Else_chapter_1]] of English Law for students of English.
A recent piece of UK legislation in the field of [[Company law]]
On youtube:
[[Companies Act 2006 with Stuart Mullins|http://www.youtube.com/watch?v=1UWPGUl6RsU]]
[[Bill Rees on how the 2006 came about|http://www.youtube.com/watch?v=SrBMOb0fi2Q]]
Uk legislation distinguishes between private and public companies.
See [[unit 2|ILE Unit 2]] of International Legal English.
[[Legal English mini-course]] web lesson at [http://www.britishcouncil.org/professionals-specialisms-legal-5.htm]
The creation of a limited liability company is one of the main ways of establishing a business.
In most jurisdictions there are various categories of company depending (for example) on the number of shareholders and the size of capital.
Company law in the UK is now mostly governed by legislation, especially the [[Companies Act 2006]]. The statute governs the creation of companies and changes made to them.
!!Textbook references
see
[[chapter five|IILE Unit 5]] of Introduction to International Legal English
[[chapter two|ILE Unit 2]] of International Legal English on [[Company formation]] and management of companies.
[[chapter three|ILE Unit 3]] of International Legal English on [[Corporate Finance]]
[[chapter four|ILE Unit 4]] of International Legal English on [[Merger]], [[Acquisition]], [[Takeover]] and [[Liquidation]]
The British field of competition law is described in the USA as "anti-trust" law.
Equitable [[Trusts]] were one of the ways to hide monopolistic ownership.
In modern times UK law has been partly overtaken by [[European law]].
!!textbook references
[[chapter 11|Else chapter 11]] of English law for Students of English.
A promise is not usually enforceable in law if it is just one sided. A [[contract]] is not formed in this situation because there is no '''consideration'''.
Consideration is something of value given by the person who receives a promise, (the promisee).
The text book [[English for Contract and Company Law]] proposes interesting cases where there was found to be no consideration:
[[Parkinson v College of Ambulance Ltd and Harrison]]
[[Re McArdle]]
[[Price v. Easton]]
A lecture by Lord Bingham on the Rule of Law http://www.cpl.law.cam.ac.uk/past_activities/the_rt_hon_lord_bingham_the_rule_of_law.php available for download and with transcript.
In the UK, consumer protection is provided by the Sale of Goods Acts. This area is also likely to come under increasing influence from European Law. (See this [[lecture by Hugh Beale|A European Contract Law: a cuckoo in the nest?]])
Ordinary [[Contract]] law also applies to purchases by consumers.
!!Textbook Reference
[[unit 9|ILE Unit 9]] of International Legal English.
[[Legal English mini-course]] has a web lesson http://www.britishcouncil.org/professionals-specialisms-legal-4.htm on how the Sale of Goods Act combines with regulations on distance selling
[[chapter 9|Else chapter 9]] of English law for students of English
This webinar by Evan Frendo is not really legal English but it includes an interesting discussion of how people can have different attitudes to contracts.
http://youtu.be/eWRyX5NovZ0
Help with translating contracts from Russian to English http://legalenglish.ru/standard_phrases_for_contracts_preamble/#more-72
!!!Formation of contracts
There are four basic requirements for a contract to be formed:
#offer
#[[acceptance]]
#[[consideration]]
#intention to create a contract
even if these points are satisfied a valid contract may not exist for some reason. For example if one of the parties lacks [[capacity]] to form a contract. Other arguments that a contract still does not exist are
[[fraud in the inducement]], [[duress]], and because of the illegal subject matter of the contract.[[Parkinson_v_College_of_Ambulance_Ltd_and_Harrison]] is an example of a case where the [[consideration]] was illegal.
!!!contract terms
!!!performance
!!!remedies
!!!third party rights
!!Textbook References
see
[[chapter two of Introduction to Legal English|IILE Unit 2]]
[[ chapter five|ILE Unit 5]] of International Legal English on formation of contracts.
[[unit 6|ILE Unit 6]] of ILE and [[Else chapter 7 | chapter 7]] of English Law for students of English on [[Remedy | remedies]]
[[unit 7|ILE Unit 7]] on [[assignment]] of contracts and "third-party" rights.
[[Legal English mini-course]] web lesson at [http://www.britishcouncil.org/professionals-specialisms-legal-10.htm]
Copyright is different from other types of [[Intellectual Property]] because the author's rights are protected without any registration of the "property" being claimed.
In addition to "artistic" works, computer software is also generally covered by copyright.
!!Textbook references
[[case study 3|ILE Case study 3]] in [[International Legal English]]
[[chapter 13|Else chapter 13]] of English law for students of English.
Coporate finance cases can involve very large amounts of money. Businesses may raise capital on stock markets (see [[buying shares]]), borrow it, or seek private investors - each of these three kinds of deal will give rise to different sorts of relationship between the directors, the company itself and its creditors / investors.
!!Textbook Reference
see
[[case study 2 |IILE Case Study 2]] of Introduction to International Legal English for a dispute involving a sale to a private investor where the company had considered an [[IPO]].
[[unit 3|ILE Unit 3]] of International Legal English
Court systems worldwide tend to be organised into hierarchical structures where [[Appeals]] from regional and lower courts can be heard in central higher courts. There is also quite likely a distinction between criminal and civil hearings.
Cases relating to business matters in Russia are likely to be heard in [[Arbitrazh Court|http://www.arbitr.ru/eng/]] It may be a good idea to avoid calling these "Courts of ''Arbitration'' " since in English arbitration refers to a process outside of ordinary court procedures. (see [[arbitration]])
see also [[US / UK differences]]
Discussed in [[Introduction to Legal English, Unit 4|IILE Unit 4]]
In the UK, prosecutions are carried out by the [[Crown Prosecution Service]], The US equivalent would be the [[District Attorney]]'s office.
An interesting difference is that the DA is an elected official, whereas the British CPS is headed by the Director of Public Prosecutions - is an employee of the [[Home Office]].
see Los Angeles County DA's Office http://da.co.la.ca.us/
and
The CPS on youtube http://www.youtube.com/ukcps
!!Textbook references
see
[[Chapter 4|IILE Unit 4 ]] of Introduction to International Legal English
[[Chapter 5|Else chapter 5]] of English Law for students of English
!!Useful Links
http://www.crimeline.info/ crimeline has uk criminal law decisions online with search by keywords and text of the judgements.
The Draft Common Frame of Reference is produced by a study group: http://www.copecl.org/
Some debts are secured. This will already create a procedure by which the creditors can recover the money that they have lent. The chief kinds of secured loan involve [[mortgages]] of property or the creation of a [[charge]] on the assets owned by a company.
In the case of unsecured debts the creditor may need to bring a [[claim]] to court.
==Textbook References==
[[unit 14|ILE_Unit_14]] of International Legal English.
A directive is legislation made by the European union and put into force by national legislation. For example the UK Trade Marks act implements the European union trade marks Directive.
Discovery is a part of the preparatory procedure in litigation where documents are made available for both sides to inspect.
Listen to this podcast [http://legaltalknetwork.com/podcasts/esi-report/2009/06/legal-economic-and-pragmatic-considerations-in-cross-border-e-discovery/] which discusses the potential for conflict between the very wide rights to discovery in the USA and European Union rules on [[privacy]] and [[data protection]].
There are three exercises connected with the podcast at:
#[[definitions|definitions.htm]]
#[[gapfill|gapfill.htm]]
#[[private|private.htm]]
Actions treating one group of people less favourably than another. UK legislation is designed to prevent employers and other organisations discriminating between people on grounds of sex, skin colour or religious affiliation or disability.
see also:
*[[Disability discrimination]]
*[[Racial discrimination]]
*[[Sex discrimination]]
words and ideas that are interesting for students to compare and contrast in Legal English...
a list of distinctions:
[[agent vs. employee]]
[[effect vs. affect]]
[[evidence vs. proof]]
[[paragraph, article, section]]
[[white collar vs. blue collar]]
[[tax evasion vs. tax avoidance]]
[[civil vs. criminal]] cases
[[magistrate vs. judge]]
[[according to vs. in accordance with]]
Ending marriages is one of the main sources of work for UK [[Solicitors]] it involves divorce proceedings and quite likely also [[Conveyancing]]
Hear this [[lecture on divorce law|http://www.gresham.ac.uk/event.asp?PageId=108&EventId=946]] by Baroness Deech of Cumnor DBE.
This famous 1932 case is one of the first which English law students traditionally study in their first year at university in the subject of [[tort]]. Donoghue eventually received 200 pounds compensation. The events of the case happened in Paisley near Glasgow in [[Scotland]].
Duress is a situation which makes a contract [[voidable]] (see [[Void_vs._voidable]]). Usually it involves a threat of some kind - not only of physical violence but for example the threat of dismissing someone from a job or the threat of starting civil proceedings against someone.
European Legal English Teachers' Association - a[[Teachers' Organisations | Teachers' Organisation]] at European level.
see http://www.euleta.de/ and
http://groups.yahoo.com/group/euleta/
Chapter one of [[English Law for Students of English]] contains a historical overview of the development of [[Common law]] and the other systems found in continental Europe.
Chapter ten of [[English Law for Students of English]] is on [[Family Law]], including material on the law relating to [[children]] and child protection.
Chapter eleven of [[English Law for Students of English]] is on business law. Sections on [[Partnerships]], [[Company law]], [[Corporate Finance]] and [[Competition law]].
Chapter twelve of [[English Law for Students of English]] is on [[Employment Law]] and [[Discrimination]].
Chapter thirteen of [[English Law for Students of English]] is on [[Copyright]].
Chapter fourteen of [[English Law for Students of English]] is on [[Patents]] and [[Trademarks]].
Chapter two of [[English Law for Students of English]] contains historical information on how the English legal system developed by combining [[Equity]] and the [[Common law]] system and incorporating [[Legislation]] by [[Parliament]] and [[European law | EU Law]].
Chapter three of [[English Law for Students of English]] describes the different work undertaken by different members of the [[UK Legal Professions]] and how the professions themselves are organised.
Chapter four of [[English Law for Students of English]] deals with the [[Court system]] in England and Wales.
Chapter five of [[English Law for Students of English]] is on criminal law. It describes the theoretical "elements of a crime" [[Actus reus]] and [[Mens rea]] and the smaller number of crimes where there is [[Strict liability]].
Students are asked to read about Shaw v. DPP http://www.bailii.org/uk/cases/UKHL/1961/1.html - a [[House of Lords]] case from 1961 about a [[conspiracy]] to "corrupt public morals" where judges consider the distinction between immoral behaviour and criminality.
Chapter six of [[English Law for Students of English]] is on criminal procedure. It contains a description of what happens to suspects following arrest, and mentions the case of Miranda v. Arizona which gave rise to the "Miranda Warning" [http://www.usconstitution.net/miranda.html].
[[Sentencing]] is also covered.
Chapter seven of [[English Law for Students of English]] is on [[Contract]] Law with theoretical discussion of contract formation and also material on [[Remedy | remedies]]
The case of Lumley v. Wagner [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/1852/J96.html&query=title+%28+Lumley+%29+and+title+%28+v+%29+and+title+%28+Wagner+%29&method=boolean] (the "prima dona diva case") is used as the basis for a discussion of [[injunctions|Injunction]].
Chapter eight of [[English Law for Students of English]] is on [[Tort]] with emphasis on [[Negligence]] and the defences to it. The torts of [[Trespass]] and [[Nuisance]] are also considered.
Students read about Evans v Souls Garages, a case where a garage owes a "[[duty of care]]" towards children who buy petrol from it.
Chapter nine of [[English Law for Students of English]] is on [[Consumer protection]], which is an aspect of [[Contract]] Law governed by legislation in the UK.
Contains a section on [[Exemption clause | exemption clauses]].
Employment contracts are partly governed by ordinary [[Contract]] Law, however because of the potential for abuse, and unequal bargaining power of the parties there are often statutory definitions and modifications which apply to the relationship between employer and employee.
!!Textbook Reference
[[unit 8|ILE Unit 8]] of International Legal English
[[Legal English mini-course]] web lesson http://www.britishcouncil.org/professionals-specialisms-legal-9.htm
[[chapter 12|Else chapter 12]] of English Law for students of English.
!!recommended links
Ashby Cohen, Solicitors in Employment law http://www.ashbycohen.co.uk/employers.aspx
English law for students of English (An advanced course) is a textbook by Inna Frolova of the [http://www.interun.ru/ International University] in Moscow. It aims to provide background information on the legal system in [[Common law]] countries as well as developing language skills; and contains the following chapters:
#Introduction to Law [[Else chapter 1]]
#Sources of English Law [[Else chapter 2]]
#The Legal Profession [[Else chapter 3]]
#Courts and Judges [[Else chapter 4]]
#Criminal Law [[Else chapter 5]]
#Criminal Procedure [[Else chapter 6]]
#Contract Law [[Else chapter 7]]
#Tort Law [[Else chapter 8]]
#Consumer Law [[Else chapter 9]]
#Family Law [[Else chapter 10]]
#Business Law [[Else chapter 11]]
#Employment Law [[Else chapter 12]]
#Intellectual Property 1 [[Else chapter 13]]
#Intellectual Property 2 [[Else chapter 14]]
'''English for Contract and Company Law''' is a textbook by Chartrand, Millar and Wiltshire first published in 1997 by [[Sweet & Maxwell|http://www.sweetandmaxwell.co.uk/]], the third edition came out in 2009 - it features some newer cases and also added language exercises. It is divided into two sections covering contracts and company law and has relatively detailed case descriptions which make it appropriate for people interested in academic study of English law.
The introduction focuses on the [[distinction between a crime and a civil wrong|Civil vs. criminal]].
The [[Contract]] section begins with a discussion of [[privity]].
contains a discussion of [[Carlill v Carbolic Smoke Ball Co.]]
[[Category:Textbooks]]
'''English for Contract and Company Law''' is a textbook by Chartrand, Millar and Wiltshire first published in 1997 by [http://www.sweetandmaxwell.co.uk/ Sweet & Maxwell], the third edition came out in 2009 - it features some newer cases and also added language exercises. It is divided into two sections covering contracts and company law and has relatively detailed case descriptions which make it appropriate for people interested in academic study of English law.
The introduction focuses on the [[Civil_vs._criminal | distinction between a crime and a civil wrong]].
The [[Contract]] section begins with a discussion of [[privity]].
contains a discussion of [[Carlill v Carbolic Smoke Ball Co.]]
The word "equity" can have a number of meanings in Legal English depending on the context:
*''equities'' in financial contexts are shares in a [[Public limited company]]
*''equity in a property'' in the context of [[Conveyancing]] or other [[real property]] questions means the value of a property which would be left to the owner after meeting all other claims on it - especially mortgage claims.
*''equity'' when talking about legal theory or the historical development of the English legal system, means the ideas and [[remedies|Remedy]] that belonged in a separate system operated by the Lord Chancellor in England over a long period between about the 17th and 19th centuries.
!!Textbook references
A short discussion of this appears in listening 2 of [[IILE Unit 10]].
[[Else chapter 2]]
The European Court of Human Rights is run by the [[Council of Europe]] and is in [[Strasbourg]], France and is not to be confused with the [[European Court of Justice]] in [[Luxembourg]].
Three (realplayer) videos on the European Court of Human Rights...via the English for Law blog http://englishforlaw.blogspot.com/2005_05_01_archive.html#111494165411232617
With background information, examples of cases and an explanation of how the system works.
The court has to deal with a caseload which is increasing constantly. see this article in the Guardian http://www.guardian.co.uk/law/2011/sep/14/clarke-european-court-human-rights which states that there are 160,000 applications waiting to be heard.
A lecture on integration of social and economic rights in Europe http://www.law.cam.ac.uk/faculty-resources/summary/llm-subject-forum-2009-european-social-rights-and-economic-integration/6465 by Professor Simon F Deakin at Cambridge University.
European Law is law operating in the European Union. It may appear as a [[Directive]] which is then enacted by national governments in the member states.
See [http://eur-lex.europa.eu/en/index.htm EUR-lex] for European Law documents in 23 official languages of the European Union. The same site also has [[links to national legislation databases|http://eur-lex.europa.eu/n-lex/index_en.htm]] for member nations
A [[series of videos for itunes|https://itunes.apple.com/lu/itunes-u/eu-law-video/id507969068]] from the HEC (Ecole des Hautes Etudes Commerciales) in Paris. This includes an overview of the institutions of the EU, the integration process and the constitution of the EU.
short clips from a course on evidence on this wiki http://cyber.law.harvard.edu/cyberone/wiki/2006_Audio
An exemption clause or a [[disclaimer]] is often used in contracts where the seller seeks to limit [[liability]] for damages resulting from a defect in the product or some other [[breach of contract]].
hear 2006 news the political debate on extradition from the UK to the USA http://news.bbc.co.uk/2/hi/programmes/the_westminster_hour/6119118.stm
Family law includes the issues surrounding [[Divorce]] and [[Children]]
!!textbook reference
[[Chapter 10|Else chapter 10]] of English law for students of English
Some advice to help you develop reading speed is given at [[Academic English Program for University and College Entrance|http://xnet.rrc.mb.ca/aepuce/AEPUCE%20welcome%20page.htm]] at Red River College in Canada.
Do an [[exercise|exercises]] version of the advice here [[fast reading|FastReading.htm]]
Fraud cases are often extremely complex. The Serious Fraud Office in the UK is responsible for investigating and prosecuting the most important ones. They provided this [http://www.sfo.gov.uk/fraud/taxonomy-of-fraud.aspx classification of types of fraud].
[[Fraud]] can be a crime in itself - the crime of gaining a material benefit by making a "false representation" - such as saying things which are not true. In contract law, parties have a duties not to make false statements of fact or law...although they can give as much sales talk as they wish if it is limited to opinion or "mere puff".
German law had an influence on the development of the legal system in [[Russia]].
This tiddlywiki document is read only when viewed over http. As explained in [[Main Page]], this is just an archive.
glossary exists as a "tag" in this tiddly wiki.
A translation can never give a full explanation of a word, although it can be very helpful in understanding its use in a particular context.
On the subject of legal dictionaries, read "transblawg" [http://www.transblawg.eu/index.php?/plugin/tag/dictionaries]
!!Defining words
definitions of individual words should be labelled with the "Category:Glossary" tag
!!Links to legal glossaries and dictionaries
Wex the Legal Encyclopedia of Cornell's Legal Information Institute [http://www.law.cornell.edu/wex/]
European Union legal terminology [http://news.bbc.co.uk/2/hi/in_depth/europe/euro-glossary/default.stm]
a financial dictionary [http://financial-dictionary.thefreedictionary.com/]
The Translegal dictionary [http://www.translegal.com/legal-english-dictionary] with a free word of the week
Duhaime's Legal Dictionary [http://www.duhaime.org/LegalDictionary.aspx] compiled by Canadian lawyer Lloyd Duhaime [http://www.duhaime.org/LloydDuhaime.aspx].
!!General Dictionaries
Macmillan [http://www.macmillandictionary.com/]
Visual Thesaurus [http://www.visualthesaurus.com/]
the doctrine of "Good faith" has quite a lot interpretations in different European legal systems as it relates to contracts. Often it seems to stand in contradiction to the general principle of "[[caveat emptor]]" in the English system.
Guilt is a term that belongs to criminal law. The two possible verdicts for a trial are: guilty or "not guilty"
The concept of "fault" can appear more widely for example in [[tort]] cases where it means a breach of a duty such as a "duty of care"
This subject and [[Conveyancing]] depends partly on the law of [[Real Property]].
Legislation on human rights, political processes and other human issues is collected on the site at http://legislationline.org/ for [[OSCE]] countries.
Age is a factor which can affect the rights people have. see The Citizens' advice bureau site [http://www.adviceguide.org.uk/index/your_family/health/young_people_health_and_personal.htm#further_information_for_young_people]
see also [[Immigration]]
A long list of situations and problems from Harvard all relating to evidence and what will be [[admissible]] in court [[harvard website|http://isites.harvard.edu/icb/icb.do?keyword=k9840&pageid=icb.page34732]]
This case study is included in [[Introduction to International Legal English]] and relates to [[IILE Unit 2]] on [[Contract]] and specifically to [[Building Disputes]]
This case study is included in [[Introduction to International Legal English]] and relates to [[IILE Unit 5]] on [[Company law]]
The decision delivered by Justice Kennedy (see text 2) in Gustafson v. Alloyd already makes it unlikely that Cordeaux Gabelle can claim under s12 of the US Securities Act. (In spite of the dissenting argument of Justice Ginsberg, who notes that the phrase "offering to the public" was not included in the US Act)
However the article in text 3 notes that courts are still interpreting s.11 as providing "standing" for purchasers "in the secondary market".
The full text of the Securities Act is available as a pdf file here http://www.sec.gov/about/laws/sa33.pdf
This case study is included in [[Introduction to International Legal English]] and relates to [[IILE Unit 8]] on [[litigation]] and [[arbitration]], it concerns an argument about [[Sex discrimination]] which is to be settled by negotiations between the former employer and lawyers hired by the affected person's trade union.
See also this newspaper article on the same subject http://www.guardian.co.uk/law/2010/oct/29/gender-women?&CMP=EMCLAWEML1646
Unit one of [[Introduction to International Legal English]]
see pages belonging to the category "Legal careers" (look below)
A key moment in the careers of young lawyers in the UK very likely occurs while they are still studying for a first degree. At this point they may hope to already agree a [[training contract]] with a firm of [[Solicitors|solicitors]] or a [[Pupillage]].
Unit ten of [[Introduction to International Legal English]]
It relates to Comparative Law as a field of study and to problems of [[translation]].
Unit two of [[Introduction to International Legal English]]
see [[Contract]] - the page dedicated to this specialised field. You will need to talk about the [[Remedies]] available for [[breach]] and how to calculate [[damages]].
Unit three of [[Introduction to International Legal English]]
See the page on [[Tort]]
and also the case of [[Liebeck v. McDonald's Restaurants]]
Unit four of [[Introduction to International Legal English]]
see the page on [[Criminal Litigation]].
Unit five of [[Introduction to International Legal English]]
See material relating to [[Company law]] and [[IILE Case Study 2|case study two]]
Unit six of [[Introduction to International Legal English]]
This is on the subject of commercial law, which is a broad area including different types of commercial contracts and agency arrangements.
Unit seven of [[Introduction to International Legal English]] is devoted to [[Real property]].
Unit eight of [[Introduction to International Legal English]]
is on litigation and [[Arbitration]]. A party to a dispute may have a choice of which route to use in seeking to resolve their case.
Unit nine of [[Introduction to International Legal English]] is on [[International law]].
This section is a part of [[International Legal English]]
It is an action by shareholders against directors of their company who, they argue, have breached their [[fiduciary duty]] as directors.
This part of the textbook [[International Legal English]] concerns [[Contract]] law and a situation of [[Battle of forms]].
In this part of the textbook [[International Legal English]] there is an argument about whether a software development company which is working under contract to a client would retain the [[copyright]] in the software which was the result of their work. In this case the client decides that it would like to sell a licence to another company to use the same software.
Unit one of [[International Legal English]]
This is on the subject of [[Legal Careers]] (see the tags).
Unit ten of [[International Legal English]]
This is on the subject of [[Real Property]].
Unit eleven of [[International Legal English]]
This is on the subject of [[Intellectual Property]].It includes discussion of a patent for a "method of doing business" and the concept of [[fair use]] of [[copyright]] material.
Unit twelve of [[International Legal English]]
This is on the subject of [[Negotiable Instruments]].
Unit thirteen of [[International Legal English]]
This is on the subject of "secured Transactions" - a broad term which includes personal lending to house-buyers in the form of [[mortgages]] and loans to companies secured by [[charge]].
Unit fourteen of [[International Legal English]]
This is on the subject of "Debtor-Creditor" relations. This includes the subject of [[Debt Recovery]] and [[Insolvency]].
Unit fifteen of [[International Legal English]]
This is on the subject of [[competition law]]. In the UK this area is influenced by developments in European Law. (see the tag)
Unit two of [[International Legal English]]
This is on the subject of [[Company law]] discussing the documents required to create a company and field of corporate governance.
Unit three of [[International Legal English]]
This is on the subject of [[Company law]] and specifically [[Corporate Finance]] and the issuing of [[shares]].
Unit four of [[International Legal English]]
This is on the subject of [[Company law]] and specifically the processes of [[Merger]], [[Acquisition]], [[Takeover]] and [[Liquidation]].
Unit five of [[International Legal English]]
This is on the subject of [[Contract]] with a look at the subject of electronic signatures.
unit six of [[International Legal English]]
This is on the subject of [[Contract]] law as it relates to [[Remedy | remedies]].
unit seven of [[International Legal English]]
This is on the subject of [[Contract]] law, and specifically on [[assignment]] of contracts and "third-party" rights.
Unit eight of [[International Legal English]]
This is on the subject of [[Employment Law]] and [[Sex discrimination]].
Unit nine of [[International Legal English]]
This is on the subject of [[Sale of Goods]]. One aspect of this is [[Consumer protection]] but there is also discussion of sales between professional organisations or businesspeople "in the course of their business"
The first version of this exam was taken in spring 2006, and it was originally available twice a year. The exam timetable is now more flexible, as with all [[Cambridge ESOL]] exams. The official website [http://www.legalenglishtest.org/] for the exam.
It is stressed that the exam is a test of language skills rather than legal knowledge. However, people without any knowledge of law in their own country will find the material rather strange. On the other hand, it is possible to get a reasonably good mark without using any specifically "legal" jargon from the Anglo-Saxon / [[Common law]] systems.
The exam consists of four papers, each worth 25% of the total result:
#Reading - (1hr 15 min.) includes some exercises type which are similar to "use of English" papers in other Cambridge exams (parts 1 -3) and some with relatively long texts (parts 4 - 6) where it is vital to read quickly and deal with a large volume of information.
#Writing - (1hr 15 min.) there are two tasks, the first is a letter and the second a [[memorandum]]. Unlike some other Cambridge exams, there is no choice. The word limits are quite small, so good answers are ones that deal with all the points in a clear and concise way.
#Listening - (about 40 min.) This includes some tricky question types similar to the Cambridge CAE exam. You hear all of the recordings twice, but there is a lot of information to take in both from the question paper and the listening material itself.
#Speaking - candidates take the exam in pairs. They speak to one of the two examiners, the second examiner is responsible for most of the marks, and this person just listens. During the test each candidate has a "long turn" when they speak on their own to give a "mini presentation", there is also a task of speaking together with the other candidate about a particular situation or issue in legal work.
a podcast on Immigration and refugee law http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2010/09/immigration-and-refugee-law/
video with a historical perspective looking at immigration into the USA and Europe. http://www.youtube.com/watch?v=AQPDmpr1rck&feature=player_embedded#!
Insolvency covers two separate fields: personal insolvency...which leads to an individual person becoming [[bankrupt]]; and corporate insolvency which may lead to [[liquidation]] of a business or a process of [[winding-up]].
In some cases where a business is technically insolvent it may be possible to save it, and in some jurisdictions there are some special forms of administration which enable this to happen in a controlled way.
!!Textbook References
[[unit 14|ILE Unit 14]] of International Legal English.
[[Legal English mini-course]] web lesson [http://www.britishcouncil.org/professionals-specialisms-legal-8.htm]
spelling with ll - Installment is preferred in the USA.
An overview of the law in this area in this mp3 podcast http://legaltalknetwork.com/podcasts/suffolk-law/2010/11/an-overview-of-intellectual-property-law/
The field includes [[Patents]], [[Trademarks]] and [[copyright]]
!!Textbook Reference
[[unit 11|ILE Unit 11]] of International Legal English.
[[Legal English mini-course]] see the web lesson http://www.britishcouncil.org/professionals-specialisms-legal-2.htm
A radio series on International criminal law made by the Dutch radio station RNW http://static.rnw.nl/migratie/www.radionetherlands.nl/specialseries/International_criminal_justice/index.html-redirected
An article on US cooperation with the [[International Criminal Court]] in [[The Hague]]:
http://intlawgrrls.blogspot.com/2010/10/us-laws-against-icc-cooperation.html
A course book first published in 2006 broadly following the syllabus for the [[ILEC exam]]. There are fifteen chapters:
#The practice of law, main article [[ILE Unit 1]]
#Company law, company formation and management, main article [[ILE Unit 2]]
#Company law, capitalisation main article [[ILE Unit 3]]
#Company law, fundamental changes, main article [[ILE Unit 4]]
#Contracts; formation, main article [[ILE Unit 5]]
#Contracts, remedies, main article [[ILE Unit 6]]
#Contracts, assignment and third party rights, main article [[ILE Unit 7]]
#Employment law, main article [[ILE Unit 8]]
#Sale of Goods, main article [[ILE Unit 9]]
#Real property law, main article [[ILE Unit 10]]
#Intellectual property, main article [[ILE Unit 11]]
#Negotiable instruments, main article [[ILE Unit 12]]
#Secured transactions, main article [[ILE Unit 13]]
#Debtor-creditor, main article [[ILE Unit 14]]
#Competition law, main article [[ILE Unit 15]]
and three case studies:
#purchase of land by Greenview directors, main article [[ILE Case study 1]]
#a disclaimer of liability, main article [[ILE Case study 2]]
#licensed software and copyright [[ILE Case study 3]]
See the International Law video library at: http://www.lawvideolibrary.com/
A talk on career possibilities in International law http://www.law.uchicago.edu/audio/ginsburg102709
A radio programme on how economic globalisation needs to be balanced by new legal remedies against transnational companies http://www.abc.net.au/rn/lawreport/stories/2009/2757068.htm
!!Textbook references
see
[[chapter nine|IILE Unit 9]] of Introduction to International Legal English
An internship is a "work experience period" for a student who has not completed their studies. In the UK this may be part of a university degree, in which case, it is known as a "sandwich placement".
!!Textbook Reference
see
[[chapter six|IILE_Unit_6]] of Introduction to International Legal English
'''Introduction to International Legal English''' is a coursebook by Amy Krois-Lindner and Matt Firth, and first published in 2008 by Cambridge University Press. The book is designed to be studied before going on to [[International Legal English]] which specifically aimed at people preparing the [[ILEC exam]].
There are ten chapters (or units)
#A career in law, main article [[IILE Unit 1]]
#Contract law, main article [[IILE Unit 2]]
#Tort law, main article [[IILE Unit 3]]
#Criminal law, main article [[IILE Unit 4]]
#Company law, main article [[IILE Unit 5]]
#Commercial law, main article [[IILE Unit 6]]
#Real property law, main article [[IILE Unit 7]]
#Litigation and arbitration, main article [[IILE Unit 8]]
#International law, main article [[IILE Unit 9]]
#Comparative law, main article [[IILE Unit 10]]
And three case studies:
#A defective swimming pool?, main article [[IILE Case Study 1]]
#prospectus describing a company for private sale, main article [[IILE Case Study 2]]
#discrimination harms a lawyer's career, main article [[IILE Case Study 3]]
The three years of study at an American Law school
Jurisprudence is the "general theory" or philosophy of law.
A BBC interview with Ronald Dworkin, one the leading philosophers of law. He talks about the constitution and legal interpretation http://www.bbc.co.uk/programmes/p005vc49
Public lectures at the London School of Economics are often available in Mp3 format. Two notable addresses on legal subjects have been:
[[The Globalisation of the Business of English law]] by Stuart Popham from 16th March 2011
and
[[A European Contract Law: a cuckoo in the nest?]] by Professor Hugh Beale from 13th January 2011
see [[chapter seven|IILE Unit 7]] of Introduction to International Legal English for a tenancy agreement.
In different countries the legal professions are constituted and divided differently:
see [[UK Legal Professions]] and [[US Legal Professions]].
!!!The future
In this podcast[http://www.college-of-law.co.uk/About-the-College/Podcasts/Podcast-Media-Files/Professor-Richard-Susskind-OBE---The-future-of-the-legal-profession/] Professor Richard Susskind suggests that the profession in the future will be affected by disintermediation: just as travel agents can be removed by online transactions... Lawyers are a kind of intermediary, or interface, between the user and the law.
The provision of legal services can probably be improved by outsourcing, using firms such a CPA [http://www.cpaglobal.com/] and technological solutions (see Spindle [http://spindlelaw.com/start] and Cornell [http://www.law.cornell.edu/]) to increase efficiency. Susskind suggests that social networking may become a model for provision of legal advice.
a lease is a type of [[contract]]. When [[Real Property]] is leased, the lessor transfers a property right to the lessee.
In the [[UK]] flats are often owned in this way. The key characteristic is that a lease is ''limited by time'', as opposed to the perpetual ownership supposed by a [[condominium]] (in the US) or [[commonhold]] a new category introduced in the UK in 2002 http://www.legislation.gov.uk/ukpga/2002/15/contents
"Legal English - How to understand and Master the Language of Law" is a textbook by William McKay and Helen Charlton published in 2005.
This is a free course in Legal English written in 2005 by [[John Kuti|John Kuti]]
It contains the following units:
*Intellectual property [http://www.britishcouncil.org/professionals-specialisms-legal-2.htm]
*Companies and businesses [http://www.britishcouncil.org/professionals-specialisms-legal-5.htm]
*Contracts [http://www.britishcouncil.org/professionals-specialisms-legal-10.htm]
*Remedies [http://www.britishcouncil.org/professionals-specialisms-legal-1.htm]
*Secured transactions [http://www.britishcouncil.org/professionals-specialisms-legal-3.htm]
*Sale of goods [http://www.britishcouncil.org/professionals-specialisms-legal-4.htm]
*The legal profession [http://www.britishcouncil.org/professionals-specialisms-legal-6.htm]
*Tort [http://www.britishcouncil.org/professionals-specialisms-legal-7.htm]
*Insolvency [http://www.britishcouncil.org/professionals-specialisms-legal-8.htm]
*Employment law [http://www.britishcouncil.org/professionals-specialisms-legal-9.htm]
Curiously the course was originally written to tell a continuing narrative about the main protagonist - a Spanish designer who designs and imports a broom manufactured in Russia and then runs a business selling these over the internet.
Hear a podcast interview on the career option of becoming a Legal Executive http://charonqc.wordpress.com/2007/10/11/podcast-31-noel-inge-on-the-route-to-practice-through-ilex/
Legal aid is the system which provides state resources to cover for legal costs for some cases in the UK. It is limited to a small amount of advice under the "Green form Scheme". Other types of case may be funded either as criminal legal aid or civil legal aid but this will depend on quite strict tests of the person's financial situation. Most people are probably not poor enough to receive legal aid.
see [[Person]]
note also that we use +s to make a plural here, in preference to "legal people".
The following list contains areas which a lawyer may specialise in:
*[[Accident compensation claims]]
*[[Administration of Estates]]
*[[Adoption]]
*[[Agency]]
*[[Banking and finance]]
*[[Bankruptcy]]
*[[Boundary Disputes]]
*[[Breach of contract]]
*[[Building Disputes]]
*[[Business start-up]]
*[[Business sale/purchase]]
*[[Buying property]]
*[[Change of Name]]
*[[Children]]
*[[Civil Litigation]]
*[[Commercial Property]]
*[[Company law]]
*[[Company formation]]
*[[Competition law]]
*[[Constitutional and Administrative law]]
*[[Constructive dismissal]]
*[[Consumer protection]]
*[[Contract]]
*[[Copyright]]
*[[Conveyancing]]
*[[Corporate Finance]]
*[[Court Martial]]
*[[Criminal Litigation]]
*[[Customs investigations]]
*[[Debt Recovery]]
*[[Disability discrimination]]
*[[Discrimination]]
*[[Divorce]]
*[[Employment contracts]]
*[[Employment Law]]
*[[Employment Tribunal representation]]
*[[Lasting powers of attorney]]
*[[Environmental law]]
*[[Family Law]]
*[[Franchising]]
*[[Fraud]]
*[[Health and Safety]]
*[[House sales and purchases]]
*[[Human Rights]]
*[[Immigration]]
*[[Insolvency]]
*[[Insurance Litigation]]
*[[Intellectual Property]]
*[[International Criminal law]]
*[[International law]]
*[[Landlord and Tenant]]
*[[Leases]]
*[[Liquor Licensing]]
*[[Maternity rights]]
*[[Medical Negligence]]
*[[Motoring Offences]]
*[[Negotiable Instruments]]
*[[Overseas property]]
*[[Partnerships]]
*[[Patents]]
*[[Planning]]
*[[Pre-nuptial agreements]]
*[[Professional Negligence]]
*[[Property investment]]
*[[Public Inquiries]]
*[[Racial discrimination]]
*[[Redundancy]]
*[[Secured lending]]
*[[Separation]]
*[[Sex discrimination]]
*[[Tax (Corporations)]]
*[[Tax (Personal)]]
*[[Tort]]
*[[Trademarks]]
*[[Trusts]]
*[[Unfair dismissal]]
*[[Wills]]
This is a method of payment used in international trade, also referred to as a documentary credit. Payment is guaranteed between banks on production of the relevant transport documents.
!!Textbook reference
[[Legal English mini-course]] web lesson at [http://www.britishcouncil.org/professionals-specialisms-legal-3.htm]
Part one of the [[ILEC exam]] is to write a letter which is 120–180 words in length.
Some stock phrases for letters http://www.translegal.com/drafter/letter-writing-stock-phrases from [[Translegal]]
This is sometimes referred to as an example of a frivolous lawsuit.
It is discussed in [[Introduction to Legal English unit 3|IILE Unit 3]]
In the UK the Limitation Act 1980 http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1355378 imposes a time limit of six years for most actions in contract and tort law from the moment when the [[cause of action]] accrued.
This space is for links which seem interesting although they are not strictly connected with Legal English. They may have a more general business or academic focus.
#http://mail.humber.ca/~brett.reynolds/freetests.html Find your level with different self-testing sites
#http://www.sharedtalk.com/ Find a practice partner for any language (and teach them yours in return)
#http://www.business-spotlight.de/ A German magazine for students of business English
#http://newsroom101.com/ newsroom 101 a grammar website made for journalists and writers
#http://www.collegecrunch.org/entertainment/15-podcasts-that-will-make-you-smarter/ 15 podcasts that will make you smarter
Two sites with listening material suitable for a lower level:
Easier material with exercises for learners at Breaking News English [http://www.breakingnewsenglish.com/index.html]
And Voice of America Special English programs [http://www.voanews.com/learningenglish/programs/]
A journal published in Poland on comparative legal linguistics http://www.lingualegis.amu.edu.pl/index.php?option=com_content&view=article&id=20&Itemid=36
International Journal of Speech Language and The Law http://www.equinoxjournals.com/IJSLL/index
Lack of listening materials is often mentioned as a problem for people interested in improving their legal English.
A recommended source of advice is [[the blog English for Law|http://englishforlaw.blogspot.com/]]
Listening tasks in a mediawiki (as used in the original installation of this material on its own website) need to refer to an audio source or video.
The mediawiki site also used a plugin allowing users to insert videos:
Video instructions in german: http://krefeldwiki.de/wiki/Hilfe:Video
adding an extension to do this at the moment.
Look at the edit page to see how it's done...
The blog English for Law http://englishforlaw.blogspot.com/ has long been an excellent source of listening materials, and much of the suggested material in the "listening" category of this wiki is drawn from there. Some '''general sources recommended by that excellent blog''' are:
This Australian radio program with mp3 downloads:- http://www.abc.net.au/rn/lawreport/
The University of Chicago Law School: - look under video and audio http://www.law.uchicago.edu/
CLick on "listen or read" for transcript and mp3 at Legal Lad... a podcast with a very interesting choice of topics: - http://legallad.quickanddirtytips.com/
Easier material with exercises for learners at http://www.breakingnewsenglish.com/index.html
And Voice of America Special English programs http://www.voanews.com/learningenglish/programs/
Yale law school podcasts at: http://www.law.yale.edu/news/podcasts.htm
The multimedia archives of Harvard Law school at: http://www.law.harvard.edu/news/multimedia/multimedia-archive.html
!!List of listening pages in this wiki
[[Transport security in the EU]]
[[The life of Mahatma Gandhi]]
[[50th anniversary of Brown v. Board of Education]]
[[European Court of Human Rights]]
[[recent cases of the US Supreme Court]]
A US [[contract]] case involving the sale of a 471 acre farm, the contract was negotiated in a bar in 1952.
A picture of the actual document is included in [[this summary of the case|http://www.west.net/~smith/Lucy_v_Zehmer.htm]] One of the important facts was that the parties discussed the document quite extensively and Lucy insisted for example that both Mr. and Mrs. Zehmer sign it. It's not good enough just to say later "oh, I was only joking".
see comments at http://thewaltersway.wordpress.com/2012/09/11/lucy-v-zehmer-revisited/
The "Magic Circle" are large British law firms that often represent international corporations, depending on the definition there may be 5 or 6 of these. In the US organisations of this sort are called "White shoe firms"
Most criminal cases are dealt with by [[Magistrates]] in the UK. More serious cases, or ones where the accused claim their right to [[trial by jury]] are heard in [[Crown Court]] with a judge.
Welcome to this tiddlywiki version of an old website of mine...this material was originally created as part of a free social wiki for Legal English, the idea was to encourage a more social kind of knowledge construction in English for Specific Purposes. The site used mediawiki with social extensions which provided extra profiles and a system which awarded points to contributors. You can see the explanation of [[User Levels]] although this functionality is not reproduced in this Tiddly wiki.
I still believe that the idea is valid, but perhaps further ahead of its time than I anticipated.
!!What was it?
The wiki was designed for people who are teaching, studying, or otherwise involved in the field of Legal English (see [[this webinar|http://www.slideshare.net/johnkuti/presentation-5266353]] for a little more on the methodology). It should provide reference material on English as a foreign language as it is used in legal contexts, for creating documents, negotiating or dealing with real disputes and procedures or in academic study of the law in different jurisdictions...and also on [[Textbooks|Textbooks]] available in this area.
I have transferred some of the content to this tiddlywiki <<version>>as a way of documenting the project.
!!Some recommended resources
Background pages for two public [[lectures at the LSE|LSE Lectures]] which look at the future of contract law in Europe, and the future of the profession as a whole in the context of globalisation and the increasing importance of China and India as trading nations.
A complete list of all pages can be seen on the [[list of pages]]
This is a specialised part of the more general field of [[Tort]].
An interesting area of methodology that seems especially applicable for legal English is mind-mapping. see this discussion comment http://groups.yahoo.com/group/euleta/message/693
This is a [[US Supreme Court]] case concerning software which was being copied and sold outside of the United States. http://www.oyez.org/cases/2000-2009/2006/2006_05_1056
It is discussed in [[chapter nine|IILE Unit 9]] of Introduction to International Legal English
A '''moot''' is an activity which law students may do in their spare time to practice their skills of oral argument and case preparation. It takes the form of a competitive discussion of a difficult point of law, likely relating to some hypothetical facts.
[[ILSA]] has a list of International Law Moot Court Competitions http://www.ilsa.org/listings/intlmoots.php
(in ordinary English the adjective "moot" can mean that a question is still debatable - that is to say that there are differences of opinion on it...or (especially in the USA) that the question is not a practical issue but a merely academic one.
Many acts involving careless behaviour, especially where it results in harm to persons or their property, could be considered under the law of [[Tort]] or [[criminal law|Criminal Litigation]].
Negligence can be shown only where the [[tortfeasor]] had a [[duty of care]] towards the [[Injured party]].
!!textbook references
negligence, and defences to it are discussed in [[Else chapter 8 |chapter 8]] of English law for students of legal English.
a negotiable instrument is a document in which the writer of the document makes a promise to pay a certain amount of money. In a sense this can be used as a way to make payments - and it is especially useful in international trade where buyer and seller may not know each other and therefore base their trust on an agreement between banks using a [[letter of credit]].
!!Textbook References
[[unit 12|ILE Unit 12]] of International Legal English.
The [[Organization for Security and Co-operation in Europe|http://www.osce.org/]] has the participation of practically all European countries, and is viewed as regional grouping of the United Nations.
Yahoo answers has a section called Law and ethics: http://answers.yahoo.com/dir/index;_ylt=Aj56sc58mCM4Q0qYkDjpzYmlDH1G;_ylv=3?sid=396545448
This is a case which ended in the [[House of Lords]] after more than seven years of litigation, starting with an [[arbitration]] case. It is referred to in the introduction to contracts in [[English for Contract and Company Law]]. Panatown is talked about as an "employer" here, although they are actually giving a building contract to ~McAlpine to build an office block and a multi-storey car-park. The work was to be carried out on a site which belonged to "Unex Investment Properties" a member of the same group of companies as Panatown.
In the [[Court of Appeal]] the judges took the view that the exceptions to privity for building contracts would apply, even though the builder had also signed a Deed of duty of Care with the owner of the land...(giving UIP a remedy in [[tort]]). There is a commentary on the legal arguments in the House of Lords in [[The Singapore Law Gazette|http://www.lawgazette.com.sg/2001-7/July01-feature.htm]] where this is overturned and Panatown does not have a claim. However there are two dissenting judgements in the House of Lords case.
A case on [[Consideration]] one of the requirements in the formation of a [[Contract]].
In this 1925 case Colonel Parkinson was approached by the secretary of the College of Ambulance, Mr. Harrison. He gave the College a donation of 3,000 pounds in the expectation that Mr. Harrison would recommend him for a knighthood in return.
This case was included in the Times list of "cases that changed Britain" (but the Times material may now be behind a paywall).
This is a case where a charity tried to get donations on the basis that it could obtain knighthoods for the donors. An example of a contract with an illegal purpose. In fact the '''consideration''' was illegal. Parkinson was unable to recover the money which he had donated in the expectation of receiving an honour, because this sort of activity could "corrupt public life".
This case was included in the Times list of "cases that changed Britain" (but the Times material may now be behind a paywall).
Cleggs solicitors provide a list of other kinds of contract which would be illegal at common law[http://www.cleggssolicitors.com/nottingham-solicitors/index.php?option=com_content&view=article&id=121].
a type of business organisation. Often used by professions such as lawyers and accountants.
Patents are a type of [[Intellectual Property]]
!!textbook references
[[chapter 14|Else chapter 14]] of English law for students of English.
A "person" in legal English often has a wider meaning than it does in common parlance: it would include a "legal person" or "legal entity" such as a company or other organisation with the power to conclude contracts.
In [[this case|http://www.law.duke.edu/voices/lucas#]] a property owner argued for his right to build on a beach.
See the wikipedia article on this http://en.wikipedia.org/wiki/Lucas_v._South_Carolina_Coastal_Council
regular recordings / "shows" which can be downloaded in MP3 format:
http://charonqc.wordpress.com/category/charon-podcasts/ Charon
http://www.law.yale.edu/news/podcasts.htm Yale law school
Precedent is judge made law, a characteristic of the Common Law system. In order to work with this, lawyers need access to a library of [[Law reports]] which contain both the facts of cases and decisions made, but importantly also the reasons why judges reached particular decisions.
The reason for a judge's decision is referred to in latin as the [[ratio decidendi]]
A case on [[Consideration]] one of the requirements in the formation of a [[Contract]]. In the judgement the concept of [[Privity]] was also important.
William Price had bought a timber carriage from John Price and still owed him 13 pounds. William agreed to do some work for Easton. He actually did enough work to earn 50 pounds, and did not receive it. Easton was supposed to pay the 13 pounds to John Price (the [[claimant]]) and John sued for it.
It was found that there was a promise to pay the money to John Price but that John had either not provided any consideration to Easton, or was not [[privy]] to a contract with Easton...as the contract to work was between William Price and Easton.
The fundamental principle that only a person who is [[party]] to a [[contract]] can take action on it in contract law.
[[Chatrand, Miller and Wiltshire|English for Contract and Company Law]] mention the extreme case of [[Panatown Ltd. v Alfred McAlpine Construction Ltd]] to demonstrate this.
"pro bono" is an expression from the Latin "Pro bono publico" meaning for the benefit of the public, or society.
Pro bono work is offered free of charge, usually to people in special need of advice, and various projects exist to help organise it. One of the earliest was the UK's Free Representation Unit [http://www.thefru.org.uk/]
Pty is an abbreviation for "proprietary company". These exist in [[Australia|Australian]] and [[South Africa|South African]] law and can be either [[limited liability]] companies, or business organisations where the members have unlimited liability for the company's [[debt |debts]].
A limited proprietary company might correspond to the terms [[public limited company]] or [[private limited company]] in the [[UK]]
A case on [[consideration]] one of the requirements in the formation of a [[contract]]. This 1951 case concerned a house where Mr. ~McArdle and his wife lived, but which belonged to his mother. ~McArdle's wife paid for some repairs and improvements in the house, and the mother promised that this would be paid back from her [[estate]] when she died. ~McArdle and the other beneficiaries of the will produced a document in which they promised to pay this back to Mrs. ~McArdle upon the death of the mother.
When ~McArdle later inherited the house, the wife claimed that she should be paid, but the beneficiaries of the will refused.
See this other wiki! [http://www.lawiki.org/index.php/Re_McArdle_%281951%29]
and how other people answered the problem question on this site: [http://www.lawguru.com/legal-questions/-family-divorce-custody-adoption/mcardle-number-children-entitled-house-300550705/]
The law of Real Property is the field which describes the relations between people who are connected with a certain piece of land.
In the English legal system it has a special place, distinct from the question of ownership of [[personal property]] or [[goods]] and [[chattels]]. This happened because the system evolved from a tradition of feudalism, where the entire territory was considered to be property of the monarch.
!!Types of Real Property
There are two main types of [[tenure]] in the UK. They are
!!!Freehold
When the owner is regarded as the owner of the plot itself, as well as potentially any buildings that stand on the land in question.
!!!Leasehold
When the lessee has a [[lease]] agreement with a landlord.
The law on Real Property relates to a number of more specific legal fields, all of which make up an important part of the workload on lawyers.
The more specialised areas covered are:
*[[Boundary disputes]]
*[[Buying property]]
*[[Commercial property]]
*[[Conveyancing]]
*[[House sales and purchases]]
*[[Landlord & Tenant]]
*[[Overseas property]]
*[[Leases]]
!!Textbook References
[[unit 10|ILE Unit 10]] of International Legal English.
[[chaper 7|IILE Unit 7]] of Introduction to Legal English
recent cases of the [[US Supreme Court]] are available on the site Oyez http://www.oyez.org/recent_audio You probably need to go to the "podcast' page to download an MP3 of the hearing.
A "remedy" in ordinary English is a way of solving a problem, often this means a pain or some kind of illness. In Legal English it refers to the result which an [[injured party]] wants to get from the court - it may be a payment of [[compensation]] or an [[injunction]] for example.
!!Textbook reference
Contract remedies in International Legal English [[unit 6|ILE Unit 6]] and [[chapter 7|Else chapter 7]] of English Law for students of English
[[Legal English mini-course]] web lesson at [http://www.britishcouncil.org/professionals-specialisms-legal-1.htm]
Unlike the Anglo-Saxon countries with their [[Common law]] system, Russia (as with the rest of continental Europe) has a [[civil law]] system. The law is made by legislation as created at different levels according to the framework provided by the [[Russian constitution]].
A [[translation into English of the entire Russian Civil Code |http://www.russian-civil-code.com/]] is available.
Adopted by a vote in 1993
General provisions for the formation of contracts are included in chapter 28 of the [[civil code]]. see http://www.russian-civil-code.com/PartI/SectionIII/Subsection2/Chapter28.html for an English translation.
!!Theoretical Categories of Contract
In theory of Russian contract law all contracts are subdivided into two groups on the ground of moment of establishing rights and duties: consensual and real.
!!!Consensual
In consensual contracts, which take their name from latin «consensus» (consent), rights and duties arise in that moment when parties reach agreement about all essential terms of a contract.
The examples of consensual contracts are:
1. Contract of Sale
By contract of sale one party (the seller) shall undertake to convey a thing (commodity) to the ownership of the other party (buyer), while the buyer shall undertake to accept this commodity and pay a definite amount of money (price) therefor (item 1 of Article 454 of Civil Code of Russian Federation)
2. Lease agreement
Under the [[lease]] agreement (contract for lease of property) the lessor shall undertake to furnish to the leaseholder (hirer) property for charge in temporary possession and use or in temporary use (Article 606 of Civil Code of Russian Federation)
!!!Real
In real contracts, which take their name from the latin «res» (thing), both agreement of parties and an act of transferring the thing under the contract are required to create legal rights and duties.
If, in conformity with the law, the transfer of the property is also required for the conclusion of the contract, it shall be regarded as concluded from the moment of the transfer of the corresponding property (article 433 of Civil Code of Russian Federation)
The examples of real contracts are:
'''Loan Agreements'''
Under a loan agreement, one party (the lender) shall transfer into the ownership of the other party (borrower) money or things marked by generic features, while the borrower shall undertake to return to the lender the same sum of money (the loan amount) or an equal quantity of things of the same type and quality. A loan agreement shall be deemed concluded from the moment the money or things are transferred (item 1 of Article 307 of Civil Code of Russian Federation [http://www.russian-civil-code.com/PartI/SectionIII/Subsection1/Chapter21.html] )
However, to precisely understand the nature of a contract it is necessary to know all the legislation relating to it, not merely the legal definition. That’s why this subdivision of contracts is a matter of discussion, and also why there are differing interpretations in law theory and practice. Amendments to the Civil Law of Russian Federation may result in changes to division of contracts into consensual and real.
!!Arguments which can be used to show that a contract does not exist
(Grounds end examples to regard contract as insignificant)
!!!illegality of the form
The non-observance of the notarial form of the deal and, in the law-stipulated cases (e.g. Contract about mortgage), of the requirement for its state registration, shall entail its invalidity. Such kind of the deal shall be regarded as insignificant. (clause 1 Article 165 of CC of RF)
In cases where the donor is represented by a legal entity and the value of the gift exceeds 3000 rubles; the contract contains the promise of donation in the future and such donation contract made orally shall be null and void (clause 2 Article 574)
!!!Illegality of the subject matter
The deal, which has been aimed at the goal, flagrantly contrary to the foundations of the law and order, or of morality, shall be regarded as insignificant. (clause 1 Article 169 of CC of RF)
The agreement of the partnership participants on the restriction or elimination of the responsibility, stipulated in the present Article, shall be insignificant (clause 3 Article 75 of CC of RF)
!!!The sham deal
, i.e., the deal, effected only for the form's sake, without an intention to create the legal consequences, corresponding to it, shall be regarded as insignificant (for example when concluded Contract of Work and Labour has performance by customer at the expenses of customer).
!!!The feigned deal
i.e., the deal, which has been effected for the purpose of screening another deal, shall be regarded as insignificant (for example if the party conclude the contract of Sale without paying a price) (Article 170 of CC of RF)
An agreement, restricting the pledger's right to bequeath the pledged property, shall be insignificant(clause 2 Article 346 of CC of RF)
The contract stipulating the transfer of a gift to the donee after the death of the donor shall be null and void. (clause 3 Article 572 of CC of RF)
Insurance of interests contrary to law, insurance of losses from the participation in games, lotteries and bets, insurance of expenditure to which a person can be compelled for the purpose of setting hostages free shall be null and void (Article 928 of CC of RF).
!!!Illegality of the party
The deal, effected by the citizen, who has been recognized as legally incapable on account of a mental derangement, shall be regarded as insignificant (clause 1 Article 171 of CC of RF)
In the Russian legal system taxes are divided into three levels:
Federal taxes
Entity level taxes (collected by subjects of the federation)
Local taxes
Exclusive rights to create tax legislation belongs to the federal legislative government. It creates the project of the law,
identifies territory covered by it, the level of budget it forms.
Entities' legislative government establishes these laws on its territory. Federal government can only establish a few positions on the entities' territory, like max & min limit of the tax or some special order of payment.
But at the same time there are some laws which require federal establishment (individual property tax, land tax, registration tax on self-employed individuals...)
In Russia a large proportion of tax revenue comes from taxes on businesses. See [[Tax (Personal)]] and [[Tax (Corporations)]]. Since 2001 there has been a flat rate income tax of 13%.
Scotland now has its own parliament, but legislation passed by the UK parliament in London is also applicable here. The legal system in Scotland developed separately from the English one and still retains important differences, including a more significant influence from Roman law due to historical connections with continental Europe.
In [[Donoghue v. Stevenson]] the House of Lords stated that the Scottish concept of delict was the same as [[negligence]]
Cases in sex discrimination are likely to be heard by an [[Employment Tribunal]] in the UK, however, the legislation also covers discrimination in the provision of goods and services.
!!textbook reference
see
[[case study 3|IILE Case Study 3]] in Introduction to International Legal English
[[unit 8|ILE Unit 8]] of International Legal English
an experiment in English for Legal purposes / "legal English"
One of the [[UK Legal Professions]]
A podcast where Lynn Johansen talks [http://www.college-of-law.co.uk/About-the-College/Podcasts/Podcast-Media-Files/Lynn-Johansen,-Graduate-Recruitment-Partner---Clifford-Chance/] about the process of selection of new trainees in a large UK firm. She is a partner in [[Clifford Chance]] one of the "[[Magic Circle]]" law firms. Download a sheet [[for taking notes on the recording|LynnJohansen.pdf]]
Article on high salaries for young solicitors[http://www.guardian.co.uk/law/2010/nov/05/legal-firm-high-starting-salary].
South Africa created a new constitution after the end of the Apartheid regime.
Listen to this interview with Albie Sachs http://www.wnyc.org/story/55636-albie-sachs-post-apartheid-south-africa/ an architect of the new democratic constitution.
!!Practical study skills
Download and use the memory-training program, [[Anki]]
!!Theory of study skills
Because of the focus on acquiring very focussed information needed to pass tests, formal schooling tends to undermine our ability to learn useful things. The most effective learning comes about when people's authentic interests and motivations engage them in an activity...
The [[CEFR]] refers to this list of study skills:
*to maintain attention to the presented information;
*to grasp the intention of the task set;
*to co-operate effectively in pair and group work;
*to make rapid and frequent active use of the language learnt;
*ability to use available materials for independent learning;
*ability to organise and use materials for self-directed learning;
*ability to learn effectively (both linguistically and socioculturally) from direct
observation of and participation in communication events by the cultivation of
perceptual, analytical and heuristic skills;
*awareness of one’s own strengths and weaknesses as a learner;
*ability to identify one’s own needs and goals;
*ability to organise one’s own strategies and procedures to pursue these goals, in
accordance with one’s own characteristics and resources.
The [[Toles|http://www.toles.co.uk/]] "Test of Legal English Skills" was the first Exam to be invented specifically for Legal English. Originally there were two exams with the levels "foundation" and "advanced". These were replaced in about 2008 with a three-level system: Foundation, Higher and Advanced.
A series of articles and stories illustrating some issues in law by K C Anderson (US English). Starting from about number 4 or 5 the articles develop the story of a case involving the international sale of truffles...
# frivolous? [http://www.village-justice.com/articles/Talking-Coffee-worth-million,1895.html]
# the bar [http://www.village-justice.com/articles/Talking-Passing,1904.html]
# specializations [http://www.village-justice.com/articles/Talking-Practice-practice-practice,1914.html]
# time is money - bills [http://www.village-justice.com/articles/Talking-Money,1927.html]
# client interview [http://www.village-justice.com/articles/Talking-Client,1939.html]
# international contract dispute [http://www.village-justice.com/articles/Talking-Cause-action,1950.html]
# memorandum in international sale of goods [http://www.village-justice.com/articles/Talking-Memorandum,1959.html]
# damages [http://www.village-justice.com/articles/Talking-served,1981.html]
# counterclaim [http://www.village-justice.com/articles/Talking-counterclaim,1993.html]
# expert witnesses [http://www.village-justice.com/articles/Talking-Positive-Developments,2020.html]
# dealing with the press [http://www.village-justice.com/articles/Talking-Damage-control,2048.html]
# discovery [http://www.village-justice.com/articles/Talking-Discovery-begins,2101.html]see [[discovery]] in this wiki too.
UK companies are taxed on their profits.
http://www.youtube.com/watch?v=8mitva3tmc8
calculating the Corporation Tax liability of a UK company
The small profits rate (for companies with less than ?300,000 profit in the year from 1st April to 31st March) is reduced to 20% for 2011.
The main rate is also cut from 28% to 27%. http://www.hmrc.gov.uk/rates/corp.htm
The Uk government raises most of its income from personal taxes - mainly income tax and national insurance. see the rates for 2010-11
http://webarchive.nationalarchives.gov.uk/20121015000000/http://www.direct.gov.uk/en/Nl1/Newsroom/PreBudgetReport2009/DG_183037
Individuals also pay Capital Gains Tax http://www.hmrc.gov.uk/cgt/intro/basics.htm
Both involve trying to pay less tax..but one of these is illegal, and the other is legal.
In the world as a whole there are two large organisations for teachers of English as a foreign language. The American [[TESOL]] http://www.tesol.org/s_tesol/index.asp and the British [[IATEFL]] http://www.iatefl.org/.
Teachers of Legal English have an organisation at European level in [[EULETA]] http://www.euleta.de/
In Britain another relevant organisation is [[BALEAP]] http://www.baleap.org.uk/ - and there may be national groupings of teachers in this field, for example [[The Guild of Teachers and Translators of Legal English]] in Russia.
The Plain language Commission http://www.clearest.co.uk/ and Clarity http://www.clarity-international.net/index.htm publish materials and organise meetings to promote better communication in legal documents.
A lecture by Stuart Popham from 16th March 2011 [[at the LSE|LSE Lectures]]
It is available as an mp3 for download http://richmedia.lse.ac.uk/publicLecturesAndEvents/20110316_1830_TheGlobalisationOfTheBusinessOfEnglishLaw.mp3
He was the senior partner of Clifford Chance http://www.cliffordchance.com/home.html.
He quotes David Mellor's http://www.gordonpoole.com/David-Mellor.aspx comparison of lawyers and rhinoceroses: “''thick skinned, short-sighted and always ready to charge''”.
He started his professional life in Clifford Turner which merged with Coward Chance in 1987. Originally he had intended to become a banker. He describes some interesting early experiences: investigating the [[root of title]] of 225 petrol stations, serving a [[writ]] on a man who came to the front door naked.
!!The world was quite different in 1976
Draft documents were typed with comments in red, green blue – it took three days for a document to get from one lawyer to another.
!!How the new environment has been created
The term “service economy” only appeared some time in the 1980s. Law firms started to run themselves more like businesses. Popham compares law firms with hotels: The lawyers themselves are like guests – they should have experts running things like housekeeping – accounts and IT experts. Clients can enjoy the comfort of the hotel, which should be a place well suited to allowing lawyers to demonstrate their professional skills.
!!Is Law a business or a profession?
From 1983 solicitors were allowed to advertise. In recent years management of service firms is a matter of study in business schools. He makes reference here to the [[Chatham House Rule]].
!!benefits of the English system
English language and the independence of the judiciary in the UK are advantages. Because of the growth international trade centred around London with services connected with shipping and insurance. Rules spread to commonwealth countries. Four of the worlds six largest law firms are based in London. Countries with common law are likely also to have politicians and managers with a training in British law.
The New York Bar requires only 3 months cramming for the exam. Which makes it attractive to lawyers from many parts of the world. Much quicker than qualifying as a UK lawyer.
!!what will lawyers of the future need to do?
Lawyers need to '''be adaptable''', The subject matter is portable, in the sense that legal work can be done by someone in another place. There will be more and faster change. '''Communication''' – expressing yourself is critical. Project management and quality control become increasingly important as lawyers work in larger teams.
Other multi-disciplinary qualities: knowledge of the clients' business and IT skills. Cultural understanding.
!!What are the opportunities of the future
Increasingly, they will lie to the east and south (looking from London), especially in China. He uses terminal three of Beijing airport as an example of the dynamism in other parts of the world:http://en.bcia.com.cn/guide/international_arrival_t3.shtml
The professional services for investment and construction for the airport came in large part from the UK. Even British land purchases now often have an international element. There is an opportunity for British lawyers. Asia and South America/ natural resources “tend to be found in places where the legal systems are often not as well developed”.
Law is creating unions of countries and international courts – more problems are resolved by lawyers and less by military forces.
!!what are the challenges of the future?
He quotes an amusing argument between the comedians the Marx brothers and the film company Warner brothers http://www.chillingeffects.org/resource.cgi?ResourceID=31
The main challenge at present is that lawyers have to prove that they are good value for money. The problem with billing by time is that, from the clients' point of view, there seems to be no incentive to work faster.
Some lawyer's work could be done by lower skilled staff or computers. In this sense it may be the last “unreconstructed” profession in the world – many things are still being done the same way as they have been since “time immemorial”.
Some of today's established law firms are likely to lose their position. In the period 1929 – 1939 7 new firms appeared in the New York top ten. Those 7 are still in top 15 in New York today. Probably Chinese and Indian firms are likely to appear in future decades.
!!words of wisdom
Lawyers are privileged with education – but it is important to remember they are serving the public.
!!Questions
the skill of drafting documents is a transferable one.
'''Common law is sometimes uncertain'''. The approach assists certainty. The judges are independent and try to deliver what the parties intended rather than imposing their interpretation on a document.
Governments, the Law Society and other bodies should promote the British legal system. Legal services are related to financial services which have been criticised in recent years but they have better prospects than manufacturing as a growing part of the UK economy.
'''How to expand into other countries?''' Probably associating with locals.
'''What will top law schools in 30 years time look like?''' The educational process should train people for employment. They need to work more closely with the profession.
'''Should regulations come back into financial services?''' Leaders of the industry do not want to be seen as a risk to the public.
'''What is the secret of the success of English law as an export product?'''The universality of the English language helps a lot.
!!related links
http://cisarbitration.com/2011/06/12/english-law-week-2011-in-moscow/ English law week in Moscow
A program by ABC radio in Australia on the life of Mahatma Gandhi and what made him move from commercial law in South Africa to human rights and political campaigning. http://www.abc.net.au/rn/lawreport/stories/2010/2835350.htm
A transcript is also available.
This area of law belongs to the field of [[Civil Litigation]]. Tort law creates responsibilities where there is no contractual connection between the parties.
In English law the starting point for tort is always [[Donoghue v. Stevenson]] which actually also unified the concept of [[delict]] from [[Scottish law|Scotland]] and the concept of [[Negligence]] in English law.
!!Textbook references
See
[[Chapter three of Introduction to International Legal English|IILE_Unit_3]]
[[Legal English mini-course]] web lesson http://www.britishcouncil.org/professionals-specialisms-legal-7.htm which refers to [[Bolton v. Stone]] - "the cricket ball case".
!!recommended links
Lecture notes By Robert Mackay of Birmingham City University http://www.lectureme.studio400.me.uk/12.html
Trademarks are a type of [[Intellectual Property]] and can be quite valuable assets for business organisations. They are protected by registration.
!!textbook reference
[[chapter 14|Else chapter 14]] of English law for students of English.
The "training contract" is a compulsory part of the qualification for [[Solicitors]] in the UK. This period was previously known as "Articles of Clerkship" and the term "articled clerk" is still used in some countries to refer to a trainee.
issues about translation should be tagged with "language points"
Translation of legal terminology presents special problems since the terms in one language may have no equivalent in the English-speaking [[Common law]] world and vice versa.
As this [[(pdf) article by Victoria Mishchenko suggests|http://www.esp-world.info/Articles_29/Terminology.pdf]] the choice of strategy will depend on the intended audience for the translation and the uses which it is expected to put the document to.
Translation should be included as a language skill in this wiki and some specific issues may be covered in the area of countries and jurisdictions.
see http://www.jostrans.org/
For detailed commentaries on legal translations between English and German see http://www.transblawg.eu/
Some articles on legal translation available here http://www.translationdirectory.com/legal_translation.htm
!!Textbook references
see
[[chapter 10|IILE Unit 10]] of Introduction to International Legal English
This video includes a contributions in other languages by the various EU figures responsible for transport and security, so this involves reading subtitles as well as listening.
http://youtu.be/hBgpcO0AWmM
Members states have all been obliged to adopt uniform security measures by new regulations introduced due to a perceived increase in the risk of terrorism.
A trust is a form of "equitable" ownership - where the beneficial or equitable property has a separate "legal" owner.
The uniform commercial code, a system of law designed to harmonise provisions in contract law across the United States. It often modifies the analysis which would be applied to contract situations under common law.
The UK is where the [[Common law]] system originated. The main feature of this is the important role given to [[precedent]].
[[Scotland]] now has its own parliament, but legislation passed by the UK parliament in London is also applicable here. The legal system in Scotland developed separately from the English one and still retains important differences, including a more significant influence from Roman law due to historical connections with continental Europe.
Key parts of lawyers' work in Britain is funded by the state via the [[Legal aid]] system.
The majority of people qualifying as lawyers in the UK have studied a first degree in law, lasting three years. In some universities they will be permitted to study other subjects (usually social sciences) as part of their degree.
See this guide http://www.guardian.co.uk/education/2008/may/01/universityguide.law to studying law at a UK university.
The legal profession is usually classified in Britain into two parts: [[Solicitors]] and [[Barristers]] this is because [[Judges]] are usually drawn from the ranks of experienced lawyers, they do not have a separate training and career path. A third kind of legal profession in the UK are [[Legal Executives]]
The College of law has a series of podcasts[http://www.college-of-law.co.uk/about-the-college/podcasts/] in which leading figures talk about their expectations for the future of the profession.
Advice from The Guardian, about what other jobs people with legal qualifications can do[http://careers.guardian.co.uk/careers-blog/live-q-a-what-else-can-a-lawyer-do]
!!The Legal Services Act 2010
This Act allows non lawyer organisations ("Alternative Business Structures")to provide legal services. It is expected that this will lead to cheaper services in some fields which can be profitably organised such as [[Personal injury]] cases.
!!Textbook references
[[Legal English mini-course]] has a web lesson [http://www.britishcouncil.org/professionals-specialisms-legal-6.htm](listening) which illustrates cooperation between solicitors and barristers.
[[chapter 3|Else chapter 3]] of English Law for Students of English
Legal English may contain some terms that differ between the USA and UK either in spelling (for example "''defence''"(UK) and "''defense''"(US) or usage, words which are only used in one of the jurisdictions like "larceny" - which is replaced with "theft" in the UK, and words which are used in both countries but have different meanings... for example when an American says "stocks" he may mean what a British person would call "shares", stock in British English probably means the goods kept in a shop or in a merchant's store.
see http://www.translegal.com/great-divide for more on vocabulary
On the differences between the American and British legal systems listen to this discussion http://www.law.georgetown.edu/webcast/eventDetail.cfm?eventID=473 recorded at Georgetown University, between Justice Ruth Bader Ginsburg (U.S. Supreme Court) and Baroness Hale (the first woman to become a "Lord of Appeal in Ordinary" in 2004.)
In many parts of the United States, lawyers need to be members of the State Bar Association in order to practice, as well as attaining a [[Juris Doctor]] degree.
See this [http://speaklegalenglish.com/2010/02/08/passing_the_bar/ simple article on Bar Associations]
Students in the US study law after completing a first degree in another subject. Law schools offer a [[Juris Doctor]] degree.
Here are some students at New York University law school talking about their experiences [http://www.law.nyu.edu/admissions/jdadmissions/videosfromvanhall/index.htm]
see also:http://www.lawschool100.com/
A series of articles on the unique features of the legal system of the United states http://topics.nytimes.com/top/news/us/series/american_exception/index.html.
An interview with the author of the articles is available here: http://www.npr.org/templates/story/story.php?storyId=90256903
Wikipedia has a collection of articles on legal education in the USA http://en.wikipedia.org/wiki/Legal_education_in_the_United_States
the president of the [[American Bar Association]] is interviewed in [[this radio programme from January 2010|http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2010/01/meet-president-elect-of-the-american-bar-association-stephen-n-zack/]]
At the moment there are two levels:
Trainee - up to 2,100 points
and
Learned - more than 2,100 points
Every user gets 1,000 just for registering. You can easily get to be "learned" by uploading an avatar (1,000) points and just editing a bit - each edit is worth 50 points. Each of these actions are worth 50 points.
Anyway the main purpose of this site is to produce as good as possible a resource - not to beat someone else in a race for points. That said. you can check out who's winning on The Top Users Page
In terms of financial costs at least, the vast majority of crime fits into this category. It refers to crimes committed by "respectable" people with high social status.
Sometimes [[corporate crime]] such as health and safety or environmental violations is committed by [[legal persons]].
This is the same as the distinction between manual and non-manual work. In some senses it is used as a distinction between different social classes. We talk about "white collar workers" (people who mostly work in offices) and about [[white collar crime]]
Wigs are worn by judges and lawyers in English courtrooms.
See [[this article|http://www.independent.co.uk/news/uk/crime/wigmakers-get-their-horsehair-in-a-twist-over-irvines-plans-to-dress-down-courts-538251.html]] on proposals to end this tradition.
[img[wigs|Wigs.jpg]]
With thanks for the picture to Steve Punter from Flickr http://www.flickr.com/photos/spunter/
Listen to this "please explain" podcast http://beta.wnyc.org/shows/lopate/2007/jan/05/please-explain-wills/
A report on Michael Jackson's will http://will.uiuc.edu/media/legal090706.mp3
[[Writing]] is one of the main language skills. In the [[ILEC exam]] this is tested in a separate paper.
see the blogs on legal writing at http://lawprofessors.typepad.com/legalwriting/
and http://blogs.utexas.edu/legalwriting/
[[Bryan Garner|http://www.youtube.com/watch?v=sR72bsOeooE]] warns that mastery of any skill may require about 10,000 hours of practice.
[[Bryan Garner's site|http://lawprose.org/interviews/interviews.php]] has video interviews with judges and lawyers on the subject of writing.
Exercises are made specially for this website using Hot Potatoes [http://hotpot.uvic.ca/] and Textoys [http://www.cict.co.uk/software/textoys/index.htm]
[[An Essential A–Z of Business Law]]
[[English for Contract and Company Law]]
[[Introduction to International Legal English]]
[[IILE Unit 1]]
[[IILE Unit 2]]
[[IILE Unit 3]]
[[IILE Unit 4]]
[[IILE Unit 5]]
[[IILE Unit 6]]
[[IILE Unit 7]]
[[IILE Unit 8]]
[[IILE Unit 9]]
[[IILE Unit 10]]
[[IILE Case Study 1]]
[[IILE Case Study 2]]
[[International Legal English]]
[[ILE Unit 1]]
[[IILE Case Study 3]]
[[English Law for Students of English]]
[[Legal English (book)]]
[[ILE Unit 2]]
[[ILE Unit 3]]
[[ILE Unit 4]]
[[ILE Unit 5]]
[[ILE Unit 6]]
[[ILE Unit 7]]
[[ILE Unit 8]]
[[ILE Unit 9]]
[[ILE Unit 10]]
[[ILE Unit 11]]
[[ILE Unit 12]]
[[ILE Unit 13]]
[[ILE Unit 14]]
[[ILE Unit 15]]
[[ILE Case study 1]]
[[ILE Case study 2]]
[[ILE Case study 3]]
[[Else chapter 2]]
[[Else chapter 3]]
[[Else chapter 4]]
[[Else chapter 5]]
[[Else chapter 6]]
[[Else chapter 7]]
[[Else chapter 8]]
[[Else chapter 9]]
[[Else chapter 10]]
[[Else chapter 11]]
[[Else chapter 12]]
[[Else chapter 13]]
[[Else chapter 14]]
[[Person]]
[[CPR]]
[[Glossary]]
[[Pro bono]]
[[Precedent]]
[[Legal aid]]
[[Training contract]]
[[Consideration]]
[[Arbitration]]
[[Civil Litigation]]
[[Company law]]
[[Discovery]]
[[White collar crime]]
[[Legal persons]]
[[Common law]]
[[Contract]]
[[Pty]]
[[Tort]]
[[Instalment sales]]
[[Good faith]]
[[Internship]]
[[Agency]]
[[Remedy]]
[[Copyright]]
[[Insolvency]]
[[Trusts]]
[[Battle of forms]]
[[Letter of credit]]
[[Chatham House Rule]]
[[Magic Circle]]
[[Exemption clause]]
[[Discrimination]]
[[Patents]]
[[Moot]]
[[Privity]]
[[Acceptance]]
[[Duress]]
[[Lease]]
[[Building Disputes]]
[[Criminal Litigation]]
[[Family Law]]
[[Human Rights]]
[[Intellectual Property]]
[[Immigration]]
[[Legal specializations]]
[[Tax (Personal)]]
[[Tax (Corporations)]]
[[Landlord & Tenant]]
[[International law]]
[[Corporate Finance]]
[[Sex discrimination]]
[[Employment Law]]
[[Consumer protection]]
[[Real Property]]
[[Negotiable Instruments]]
[[Debt Recovery]]
[[Competition law]]
[[Company formation]]
[[Listening]]
[[Transport security in the EU]]
[[The life of Mahatma Gandhi]]
[[50th anniversary of Brown v. Board of Education]]
[[European Court of Human Rights]]
[[Recent cases of the US Supreme Court]]
[[European Court of Justice]]
[[International Criminal law]]
[[Extradition]]
[[Constitutional and Administrative law]]
[[Evidence]]
[[Wills]]
[[Legal Executives]]
[[US / UK differences]]
[[South Africa]]
[[Jurisprudence]]
[[LSE Lectures]]
[[The Globalisation of the Business of English law]]
[[A European Contract Law: a cuckoo in the nest?]]
[[Buying property]]
[[Podcasts]]
[[Distinctions]]
[[Effect vs. affect]]
[[Evidence vs. proof]]
[["Paragraph, article, section"]]
[[According to vs. in accordance with]]
[[Possession vs. ownership]]
[['s]]
[[White collar vs. blue collar]]
[[Guilt vs. fault]]
[[Tax evasion vs. tax avoidance]]
[[Agent vs. employee]]
[[Civil vs. criminal]]
[[Magistrate vs. judge]]
[[Void vs. voidable]]
[[UK Law degrees]]
[[Online legal discussion]]
[[UK Legal Professions]]
[[Barristers]]
[[US law schools]]
[[US Legal Professions]]
[[Juris Doctor]]
[[Solicitors]]
[[Lawyers]]
[[Hypothetical problems]]
[[Brown v. Board of Education]]
[[Liebeck v. McDonald's Restaurants]]
[[Carlill v Carbolic Smoke Ball Co.]]
[[Re McArdle]]
[[Parkinson v College of Ambulance Ltd and Harrison]]
[[Price v. Easton]]
[[Donoghue v. Stevenson]]
[[Microsoft v. AT&T]]
[[Bolton v. Stone]]
[[Panatown Ltd. v Alfred McAlpine Construction Ltd]]
[[Lucy v. Zehmer]]
[[Court system]]
[[USA]]
[[UK]]
[[Russia]]
[[Scotland]]
[[European law]]
[[Germany]]
[[Links for English]]
[[Listening]]
[[Links for academic study]]
[[Cases]]
[[Writing]]
[[exercises]]
[[Legal English mini-course]]
[[Russian constitution]]
[[Civil code]]
[[Business entities in Russia]]
[[Russian tax system]]
[[Russian contract law]]
[[IPO]]
[[UCC]]
[[Study skills]]
[[Anki]]
[[Faster reading]]
[[DCFR]]
[[OSCE]]
[[Glossary]]
[[Distinctions]]
[[Translation]]
[[Abbreviations]]
[[Teachers' Organisations]]
[[Methodology]]
[[EULETA]]
[[Talking law]]
[[TOLES]]
[[ILEC exam]]
[[Writing]]
[[Letters]]
[[Limitation Act]]
[[Companies Act 2006]]
[[Translation]]
[[Business sale/purchase]]
[[Buying shares]]
[[Cambridge ESOL]]
[[Capacity]]
[[Directive]]
[[Divorce]]
[[Else chapter 1]]
[[Equity]]
[[Fraud]]
[[Fraud in the inducement]]
[[House sales and purchases]]
[[Main Page]]
[[Medical Negligence]]
[[Negligence]]
[[Partnerships]]
[[Planning]]
[[Trademarks]]
[[Wigs]]
an internal message to a colleague, originally these would have been on paper - but now almost entirely superceded by email.