Revision

The legal view of marriage ____________(be) 2
that it is a contract between two persons.
Because it fundamentally
____________________(affect) (2) the status of
each of the contracting parties and
__________________________(impose) (2) rights
and obligations of a special kind,
marriage_________________________(accord,
passive) (3) a special importance legally as
well as socially.

Lord Penzance ___________________________( define)
(2) marriage as the voluntary union for life of one
man and one woman to the exclusion of all others
(Hyde v. Hyde, 1866). It ___________________( follow)
(2) from the above definition that forcible marriage
and marriage by deceit or by mistake must be void.
Deceit ________________________(mean) (2)
misrepresentation of the essential nature of the
transaction, mistake means an essential mistake,
e.g. the identity of the other party, or the ceremony
itself. The free and voluntary consent of the parties
is essential. (15)

The legal view of marriage is that it is a contract between two
persons. Because it fundamentally affects the status of each
of the contracting parties and imposes rights and obligations
of a special kind, marriage is accorded a special importance
legally as well as socially. Lord Penzance defined marriage as
teh voluntary union for life of one man and one woman to the
exclusion of all others (Hyde v. Hyde, 1866). It follows from
the above definition that forcivle marriage and marriage by
deceit or by mistake must be void. Deceit means
misrepresentation of the essential nature of the transaction,
mistak means an essential mistake, e.g. the identity of the
other party, or the ceremony itself. The free and voluntary
consent of the parties is essential.

Voidable marriages are valid until they
______________________ (declare, passive) (3)
void by a competent court. The Nullity of
Marriage Act (1971)
___________________________(provide) (2) that
in respect of a voidable marriage the
marriage ________________________ (annul,
passive) (3) only for the time after the decree,
and the marriage________________________
(treat, passive) (3) as having existed up to
that time.

The Matrimonial Causes Act, 1973,
____________________(provide) (2) that a
marriage taking place after 31 July 1971, is
voidable if it
___________________________(consummate,
passive) (3) owing to incapacity of either
party, or if either party did not validly
consent, whether by duress, mistake,
unsoundness of mind or otherwise.

Voidable marriages are valid until they are declared
void by a competent court. The Nullity of Marriage
Act provided that in respect of a voidable marriage
the marriage is annulled only for the time after the
decree, and the marriage is treated as having
existed up to that time. The Matrimonial Causes
Act, 1973, provides that a marriage taking place
after 31 July 1971, is voidable if it has not been
consummated owing to incapacity of either party,
or if either party did not validly consent, whether
by duress, mistake, unsoundness of mind or
otherwise.

Under the Matrimonial Causes Act, 1973, it
__________________________(provide, passive)
(3) that the sole ground on which a petition
for divorce may __________________(present,
passive) (3) to the court shall be that the
marriage________________________ ( break
down)(2) irretrievably. To establish this the
petitioner must satisfy the court on one or
more of the following grounds:


The respondent
_____________________(commit) (2) adultery
and the respondent ________________(find)(2)
it intolerable to live with the respondent.
The respondent has behaved in such a way
that the petitioner cannot reasonably
___________________(expect, passive) (3) to
live with the respondent. (15)


The respondent _____________________(desert)
(2) the petitioner for a continuous period of
at least two years immediatley preceding the
presentation of the petition.
The parties to the marriage
_________________________( live) (2) apart for a
continuous period of at least two years
immediately preceding the presentation of
the divorce perition and the respondent
_____________________(consent) to a decree
being granted.

The parties to the marriage
_________________________( live) (2) apart for a
continuous period of at least five years
immediately preceding the presentation of
the divorce petition.



Under the Matrimonial Causes Act, 1973, it is
provided that the sole ground on which a petition
for divorce may be presented to the court shall be
that the marriage has broken down irretrievably. To
establish this the petitioner must satisfy the court
on one or more of the following grounds:
The respondent has committed adultery and the
respondent finds it intolerable to live with the
respondent.
The respondent has behaved in such a way that the
petitioner cannot reasonably be expected to live
with the respondent.



The respondent has deserted the petitioner for a
continuous period of at least two years immediatley
preceding the presentation of the petition.
The parties to the marriage have lived apart for a
continuous period of at least two years immediately
preceding the presentation of the divorce perition
and the respondent consents to a decree being
granted.
The parties to the marriage have lived apart for a
continuous period of at least five years immediately
preceding the presentation of the divorce petition.


Below are the main areas that Family Law
covers. Write one area above each text:
Adoption, Child Custody, Children’s Rights,
Divorce, Estate Planning, Estates and Trusts,
Insurance, Marriage


1. ____The process by which a legal parentchild relationship is created between
individuals not biologically parent and child.
2. ____The parents of a child born within a
marriage are joint guardians of that child and
the rights of both parents are equal



3. _____Children are generally afforded the
basic rights embodied by the constitution
4. _____As a result of this both parties’ status
becomes single again.
5. ______The process by which an individual
or family arranges the transfer of assets in
anticipation of death

6. ___Generally, a trust is a right in property
(real or personal) which is held in a fiduciary
relationship by one party for the benefit of
another. The trustee is the one who holds
title to the trust property, and the beneficiary
is the person who receives the benefits of the
trust.


7. ____ While types vary widely, their primary
goal is to allocate the risks of a loss from the
individual to a great number of people.
8. ____ A contract based upon a voluntary
private agreement by a man and a woman to
become husband and wife.

Many see a stronger case for including __marriage
within divorce even though the Law___, nearly 30
years ago, decided against such recommendation
(___of Marriage), giving several reasons in support
of this ___. Although the conceptual divide may no
longer mean much to the ___ , it remains essential
to the Christian Church, which attaches particular
importance to___as a prerequisite to___.

Many see a stronger case for including voidable
marriage within divorce even though the Law
Commission, nearly 30 years ago, decided against
such recommendation (Nullity of Marriage), giving
several reasons in support of this attitude.
Although the conceptual divide may no longer
mean much to the lawyer, it remains essential to
the Christian Church, which attaches particular
importance to consent as a prerequisite to
marriage.

A last will and ___is a legal document that
declares how an ___or property will be
managed after the writer’s death. Although it
is not the most pleasant subject to approach,
it is essential for people to ___a will to ensure
that their ___are handled in a satisfying way.

A last will and testament is a legal document
that declares how an estate or property will
be managed after the writer’s death.
Although it is not the most pleasant subject
to approach, it is essential for people to draft
a will to ensure that their assets are handled
in a satisfying way.

For those with __children, it is crucial to
declare how ___or money will be used to
provide for these children. For those with
___or accumulated savings, it is important to
state the name a responsible ___ who will
manage these funds.

For those with minor children, it is crucial to
declare how property or money will be used
to provide for these children. For those with
investments or accumulated savings, it is
important to state the name a responsible
party who will manage these funds.

Generally, a last will and testament should
contain the name of an ___, information
relating to one’s burial, payment of any___,
any charitable___, bequests to ___and the list
of the powers of the executor.

Generally, a last will and testament should
contain the name of an executor, information
relating to one’s burial, payment of any
debts, any charitable donations, bequests to
beneficiaries and the list of the powers of the
executor

Additionally, a will must be typed or printed,
signed by the maker, or ___and signed by
___who can attest to the ___ of the document.
A __must state that the testator ___any
previous wills or amendments to such
previous wills.

Additionally, a will must be typed or printed,
signed by the maker, or testator, and signed
by witnesses who can attest to the validity of
the document. A will must state that the
testator revokes any previous wills or
amendments to such previous wills.

The ___must demonstrate that the document
was not created under ___or provocation. In
other words, the testator must ___that the will
was created willingly and freely by an
individual with the mental___ to do so.

The testator must demonstrate that the
document was not created under duress or
provocation. In other words, the testator
must demonstrate that the will was created
willingly and freely by an individual with the
mental capacity to do so.

The will must name the ___or parties
responsible for ___ the document under the
supervision of the ___court. The will should
name any ___and their entitlements. In
addition, the will should explain how any
outstanding ___will be paid.

The will must name the party or parties
responsible for executing the document
under the supervision of the probate court.
The will should name any beneficiaries and
their entitlements. In addition, the will should
explain how any outstanding debts will be
paid.

In key respects, the Court___(resemble) a
national supreme court. It____(act) as a
constitutional court, _____(define) the balance
of powers_____(exercise) by the member
states and those exercised by the Community
institutions. It ___(rule) upon the extent and
limits to the powers of the institutions, and
___(maintain) the system of balances between
them.

It also ___(act) as a supreme administrative
court, ____(review) the legality of acts of the
other institutions. Since the establishment of
the CFI, the ECJ ___(have) the role of a
traditional appellate court.

In key respects, the Court resembles a
national supreme court. It acts as a
constitutional court, defining the balance of
powers exercised by the member states and
those exercised by the Community
institutions. It rules upon the extent and
limits to the powers of the institutions, and
maintains the system of balances between
them.

It also acts as a supreme administrative court,
reviewing the legality of acts of the other
institutions. Since the establishment of the
CFI, the ECJ has had the role of a traditional
appellate court.

A reference for a __ruling allows the courts and
tribunals of the Member States, in __which have
been brought before them, to __questions to the
Court of Justice about the __ of European Union
law or the validity of a European Union act. The
Court of Justice does not decide the dispute
itself. It is for the national __or tribunal to
dispose of the case in accordance with the
Court’s decision, which is similarly ___ on other
national courts or tribunals before which a
similar issue is raised.

A reference for a preliminary ruling allows the
courts and tribunals of the Member States, in
disputes which have been brought before them,
to refer questions to the Court of Justice about
the interpretation of European Union law or the
validity of a European Union act. The Court of
Justice does not decide the dispute itself. It is for
the national court or tribunal to dispose of the
case in accordance with the Court’s decision,
which is similarly binding on other national
courts or tribunals before which a similar issue is
raised.

Complete the text using the following:
agreement, breach, capacity, consideration,
damages, fraud, illegal, obligation, oral,
performance, property, signed, terms

It is an agreement that creates a binding ____
upon the parties. The essentials of a contract
are as follows: mutual ____; a legal ____which
in most instances need not be financial;
parties who have legal ____to make a
contract; absence of ____or duress; and a
subject matter that is not ____or against
public policy.

In general, contracts may be either ___or
written. Certain types of contracts, however,
in order to be enforceable, must be written
and ____. These include contracts involving
the sale and transfer of _____.

In case of a ____of contract, the injured party
may go to court to sue for financial
compensation (or ____), or for rescission, for
injunction, or for specific performance of
financial compensation would not
compensate for the breach. Specific____of a
contract is the right by one contracting party
to have the other contracting party perform
the contract according to the precise___
agreed


One way in which the state _____________(try) to keep
wrongdoing within limits is by __________(give) citizens the
right to claim compensation from people who infringe their
rights. It ___________(do) this through the law of torts, which
in civil law systems _____________(call, passive) delicts. Both
these words mean 'wrongs'. Originally there _________(be) not
much difference between crimes and torts. Today, though the
language of wrongs ____still____________(use, passive), the
behaviour for wich people have to pay compensation (for
instance for ___________________(damage) someone's car in a
road accident) is often wrong only in a weak sense.

One way in which the state tries (2)to keep
wrongdoing within limits is by giving (2) citizens
the right to claim compensation from people who
infringe their rights. It does (2) this through the law
of torts, which in civil law systems are called (3)
delicts. Both these words mean 'wrongs'. Originally
there was (2) not much difference between crimes
and torts. Today, though the language of wrongs is
still used (3), the behaviour for which people have
to pay compensation (for instance for damaging (2)
someone's car in a road accident) is often wrong
only in a weak sense. (16)

Either the driver ____________(be) not
_________as alert as he should be or, in some
countries, he (or more likely his insurance
company) is liable to pay even if he
_________(be) not in any way at fault. He
_______not _______________(intend) to do harm
and he was not negligent. In tort law,
terefore, we can be responsible although
what we ____ ______(do) is not wrong at all,
or not seriously wrong.

Either the driver has not been (2) as alert as
he should be or, in some countries, he (or
more likely his insurance company) is liable
to pay even if he was not (2) in any way at
fault. He did not intend (2) to do harm and he
was not negligent. In tort law, terefore, we
can be responsible although what we have
done (2) is not wrong at all, or not seriously
wrong.

One reason why people can _______
_______(make, passive) to pay compensation
for a tort though they may not have done
anything wrong is that the law of torts
___________(aim) to kill two birds with one
stone. It _____________(try) to deep
wrongdoing under control and in that way
supplement criminal law.

One reason why people can be made (3) to
pay compensation for a tort though they may
not have done anything wrong is that the law
of torts aims (2) to kill two birds with one
stone. It tries (2) to deep wrongdoing under
control and in that way supplement criminal
law.(15)

It also tries to ensure that people who
______________(harm, passive) by others get
compensation. In an industrial society accidents
multiply, and, if society_____________ (want) to give
its members a reasonable amount of security, the
law has to play a part in ________________(see) that
those who suffer harm
____________________(compensate, passive). The
compensation is nearly always in money and
_________________ (call, passive) damages. But these
two aims – ________________(limit) wrongdoing and
providing compensation – clash.

It also tries to ensure that people who are
harmed (3) by others get compensation. In an
industrial society accidents multiply, and, if
society wants (2) to give its members a
reasonable amount of security, the law has to
play a part in seeing (2) that those who suffer
harm are compensated (3). The compensation
is nearly always in money and is called (3)
damages. But these two aims – limiting (2)
wrongdoing and providing compensation –
clash.(15)

Complete the text by using the following
words: agreements, borrow, corporations,
court, debts, dividends, employees, legal,
legislation, liability, limited, objectives,
partnership, profits, property, registered (x2),
shareholders, sole trader, sue

A company is a ___entity, allowed by ___,
which permits a group of people, as___, to
create an organization, which can then focus
on pursuing set____. It is empowered with
legal rights which are usually only reserved
for individuals, such as the right to____and be
sued, own____, hire____ or loan and
____money.

The primary advantage of a company
structure is that it provides the shareholders
with a right to participate in the_____, a
proportionate distribution of profits made in
the form of a money payment to
shareholders, without any personal____.

There are various forms of legal business
entities ranging from the____, who alone
bears the risk and responsibility of running a
business, taking the profits, but as such not
forming any association in law and thus not
regulated by special rules of law, to
the____company with ___liability and to
multinational ____.

In a ____, members ‘associate’, forming
collectively an association in which they all
participate in management and sharing____,
bearing the liability for the firm’s _____and
being sued jointly and severally in relation to
the firm’s contracts or tortious acts.

Limited-liability companies, or corporations,
unlike partnerships, are formed not simply
by____entered into between their first
members; they must also be_____at a public
office or _____designated by law or otherwise
obtain official acknowledgement of their
existence.

___review is the power of the courts to___ the acts
of the _____ and/or the legislative power where it
finds them incompatible with a higher authority,
such as the terms of a written___. Judicial review is
an example of the functioning of ____of powers in a
modern governmental system (where the ___ is one
of several branches of government). This principle
is interpreted differently in different___, which also
have differing views on the different hierarchy of
___norms. As a result, the ___ and scope of judicial
review differs from country to country and state to
state.

Judicial review is the power of the courts to annul the acts of
the executive and/or the legislative power where it finds them
incompatible with a higher authority, such as the terms of a
written constitution. Judicial review is an example of the
functioning of separation of powers in a modern
governmental system (where the judiciary is one of several
branches of government). This principle is interpreted
differently in different jurisdictions, which also have differing
views on the different hierarchy of governmental norms. As a
result, the procedure and scope of judicial review differs from
country to country and state to state.

Most modern legal systems allow the courts to
review ___acts, i.e. individual decisions of __body,
e.g. a decision to grant a subsidy or to withdraw a
residence permit. Certain ___systems, most notably
in France and Germany, have ___a system of
administrative___, that are charged exclusively with
deciding on ___between the members of the public
and the administration.

Most modern legal systems allow the courts to
review administrative acts, i.e. individual decisions
of public body, e.g. a decision to grant a subsidy or
to withdraw a residence permit. Certain
governmental systems, most notably in France and
Germany, have implemented a system of
administrative courts, that are charged exclusively
with deciding on disputes between the members of
the public and the administration

In other countries, e.g. the United Kingdom
and the Netherlands, judicial __is carried out
by regular civil courts, although it may be
____ to specialized panels within these courts,
such as the Administrative Court within the
High Court of England and Wales.

In other countries, e.g. the United Kingdom
and the Netherlands, judicial review is carried
out by regular civil courts, although it may be
delegated to specialized panels within these
courts, such as the Administrative Court
within the High Court of England and Wales.

In American legal language, the term "judicial
review" usually refers to the review of the ___of
legislation by both federal and ___courts, such as
the Supreme Court of the United States. However,
many legal systems specifically do not allow any
review of primary___, passed by parliament.

In American legal language, the term "judicial
review" usually refers to the review of the
constitutionality of legislation by both
federal and state courts, such as the Supreme
Court of the United States. However, many
legal systems specifically do not allow any
review of primary legislation, passed by
parliament.

In the UK, ___cannot be set aside under the
doctrine of parliamentary. ___Another example is
the Netherlands, where the Constitution expressly
___the courts to rule on the question of
constitutionality of primary legislation. Many
countries whose constitutions do provide for a
review of primary legislation on compatibility with
the constitution, have established special ___courts
that have the exclusive authority to deal with this
issue

In the UK, statutes cannot be set aside under the
doctrine of parliamentary sovereignty. Another
example is the Netherlands, where the Constitution
expressly forbids the courts to rule on the question
of constitutionality of primary legislation.Many of
the countries whose constitutions do provide for a
review of primary legislation on compatibility with
the constitution, have established special
constitutional courts that have the exclusive
authority to deal with this issue

The police, like everyone else, must respect the individual's
_________rights. People are entitled to be allowed to move
freely and to have their person and their ________ respected.
However, there must be sufficient powers for the police to
___________ crime –___________has therefore given them
special powers which can be used in certain circumstances.
These powers include the right to stop __________, to search
them, to arrest and interview people when necessary and to
take _________and samples (such as blood) for scientific
analysis. Without powers such as these, it would be
impossible to investigate_________. However, it is important
that, at the same time, ordinary people are not unnecessarily
harassed by the police and that suspects are protected from
overzealous police _________.

The police, like everyone else, must respect the individual's
civil rights. People are entitled to be allowed to move freely
and to have their person and their property respected.
However, there must be sufficient powers for the police to
investigate crime – Parliament has therefore given them
special powers which can be used in certain circumstances.
These powers include the right to stop suspects, to search
them, to arrest and interview people when necessary and to
take fingerprints and samples (such as blood) for scientific
analysis. Without powers such as these, it would be
impossible to investigate crimes. However, it is important
that, at the same time, ordinary people are not unnecessarily
harassed by the police and that suspects are protected from
overzealous police methods. (16)
► The
police who fail to act within the scope of
their ____ powers may be the subject of
internal ___ proceedings, or worse. Potentially
the most effective ___ against breaking the
rules arises from the fact that any ___
obtained improperly may not be able to be
given in ___.
► The
police who fail to act within the scope of
their legal powers may be the subject of
internal disciplinary proceedings, or worse.
Potentially the most effective deterrent
against breaking the rules arises from the
fact that any evidence obtained improperly
may not be able to be given in court.
► As
the police know that during the
investigative information-gathering stage
these rules of evidence will__ (apply,
passive) should a case reach court and
___(contest, passive), these rules should
shape the ways in which evidence___
(obtain, passive) by the police. However, the
law of evidence ___(give) judges
considerable discretion whether or not
evidence should ___ (exclude, passive). The
practical consequences of bending or
___(ignore) the questioning rules are not
always predictable.
► As
the police know that during the
investigative information-gathering stage
these rules of evidence will be applied
should a case reach court and be contested,
these rules should shape the ways in which
evidence is obtained by the police.
However, the law of evidence gives judges
considerable discretion whether or not
evidence should be excluded. The practical
consequences of bending or ignoring the
questioning rules are not always
predictable.








Performed, made, or given of one’s own free
will
Voluntary
A legal impediment; a barrier
Bar
Full age; the condition of being of age; no
longer a minor
Majority
Not restrained or limited
unfettered






To perform with ceremony or according to
legal forms, especially to unite a couple in a
marriage
Solemnize
Relationship by marriage
Affinity
That which can be make void
Voidable






A wilfully false statement of fact, either by words or
conduct
Misrepresentation
An inability through ental illness or mental
deficiency of any sort to carry on the everyday
affairs of life
Mental incapacity
An inference establisjed by law as universally
applicable to certain circumstances (_____of
innocence)
presumption






A declaration that a marriage was never
legally valid
Annulment
Relationship by blood
Consanguinity
Without legal force; null
void




Rights and responsibilities that parents have
in relation to a child
Custody
Pressure, especially actual or threatened
physical force, put on a person to act in a
particular way
duress






A false representation by means of a
statement or conduct made knowingly or
recklessly in order to gain material advantage
Fraud
To make void or null; to cancel
Avoid
To change; to make different; to modify
vary








Voluntary sexual intercourse between one
spouse and a person of the opposite sex not
the other spouse
adultery
Married person
Spouse
Leaving a wife or husband
Desertion
Aiming at punishment
punitive








A document by which a person appoints executors
to administer his estate after his death, and directs
the manner in which it is to be distributed
Will
The property of a deceased person
Estate
One who is left something in a will
Beneficiary
One who makes a will
Testator




The official right to prove and the fact of
provng that a will has been written and
signed in accordance with the law
Probate
Property which can be turned into cash
assets








Refraining from action; a delay from taking
action to enforce rights
Forbearance
A person accused of an offence
Offender
To bring a civil action
Sue
Damages the amount of which is not settled,
as in cases of tort
Unliquidated damages




An officer of the European Court of Justice
who summarizes and presents a case to the
judges and assists them in coming to a
decision
Advocate General
To give judgment, to decide a legal problem
adjudicate






Civil wrong
Tort
A legally binding agreement
Contract
An arrangement whereby one person holds
title to and administers the property of
another to the benefit of the other
trust




The failure to exercise ordinary care or caution
under a particular set of circumstances; the failure
to take reasonable care to avoid injury to others
Negligence
An unreasonable interference with a person’s use
or enjoyment of property; whatsoever unlawfully
annoys or damages another
nuisance






An unlawful or harmful entering of another’s
property
Trespass
Words that tend to injure a person’s reputation
Defamation
Of, relating to, or implying a contract; bound or
secured by a contract
contractual


The capacity and power under law of a person
to occupy a particular status or relationship
with another, or to engage in a particular
undertaking or transaction
Legal capacity




One’s exclusive right of possessing, enjoying
and disposing of a thing
ownership
One who organizes, owns, manages, and
assumes the risks of a business; one that
organizes, promotes, or manages an
enterprise or activity of any kind
entrepreneur






Ownership or control that permits domination
of th means of production or the market in a
business or occupation
Monopoly
To place capital in such a way that it is hoped
will secure oncome or profit
Invest
The sum invested or the property purchased
investment




The capacity of a corporation to have continuous
enjoyment of its property so long as it is legally in
existence; power by which a corporation continues
despite chnges in its shareholder membershp
Perpetual succession
The liability for losses that is limited to the amount
an investor or shareholder invests in the
corporation
Limited liability






Business owned by one person
Sole proprietorship
Association of two or more persons as co-owners
to carry on a business for profit
Partnership
Artificial person created under law and empowered
to achieve a specific purpose
corporation








The sale of goods in small quantities to the
public, as in a shop
Retail
Gain; the excess of an amount received over
the amount paid for goods and services
Profit
One to whom money is owed by the debtor
Creditor
One who has obligations of paying a debt
Debtor






A constitutional doctrine that gives to a court
system, especially to a supreme court, the
power to annul legislative or executive acts
which the judges declare are contrary to the
provisions of the constitution
Judicial review
Beyond powers (Lat.)
Ultra vires
Supreme authority or power
Supremacy


A law made by councils, boards,
corporations, and companies for regulation of
their own local or internal affairs
By-law






An intentional or reckless act that causes
someone to be put in fear of immediate
physical harm.Actual physical contact is not
necessary
Assault
One suspected of a crime
Suspect
A policeman; a public officer responsible for
keeping the public peace
(police) constable




The form of action whereby a plaintiff seeks
to recover personal property unlawfully
detained
Detinue
Unauthorized and wrongful assumption of
ownership of goods known to belong to
another
Conversion






Podnositelj zahtjeva za razvod braka
Petitioner
Tuženi supružnik (u brakorazvodnoj parnici)
Respondent
Tužbeni zahtjev
petition








Pravomoćnost, pravovaljanost
Validity
Pretres, pravo pretrage
Search
Pravo ulaska na privatni posjed
Entry
Privremeno oduzimanje, zapljena
seizure