English for lawyers I
Revision
Put the verbs in brackets into the appropriate
forms
• Human beings _________ always ______________ (live), together under rules of
one kind or another. It _____________________________ (matter, negative)
where in the world; it does not matter in what age, whether the society in which they
lived was simple or a complex one by our present-day standards – humans
__________ always ______________ by rules (live). These rules
____________________(influence, passive) by nature and by society in which
people live. They may ______________________( influence, passive) by religious
or secular beliefs, and they will cater for the ideas of right and wrong that
____________________(develop, passive) over time to suit the society in which
they live.
Key
• Human beings have always lived together under rules of one kind or
another. It does not matter where in the world; it does not matter in what
age, whether the society in which they lived was simple or a complex one by
our present-day standards – humans have always lived by rules. These rules
are influenced by nature and by the society in which people live. They may
be influenced by religious or secular beliefs, and they will cater for the ideas
of right and wrong that have been developed over time to suit the society
in which they live.
Put the verbs in brackets into the appropriate
forms
• Since the law ______________(cover) (2) a wide variety of matters it can be helpful
to divide it into different categories. The first distinction is that between
international and national (municipal) law; national law can then
____________________(classify, passive) (3) into public and private law; finally
these classifications can ________________________(sub-divide, passive)(3) into a
number of different categories. International law ________________(deal) (2) with
disputes between nations; much of this law ______________________(come) (2)
from treaties which __________________(agree, passive) (3) by the governments
of the countries.
Key
• Since the law covers a wide variety of matters it can be helpful to divide it
into different categories. The first distinction is that between international
and national (municipal) law; national law can then be classified into public
and private law; finally these classifications can be sub-divided into a
number of different categories. International law deals with disputes
between nations; much of this law comes from treaties which have been
agreed by the governments of the countries
Put the verbs in brackets into the appropriate
forms
• National law is the law which __________________(apply) (2) within a country:
each country ______________(have) (2) its own national law and there are often
wide differences between the law of individual countries. This can
_______________________(show, passive) (3) by the fact that Scotland
________________(have) (2) its own law and legal system which are quite separate
from the law and legal system which operate in England and Wales. Within national
law there is usually a clear distinction between public ad private law. Public law
___________________(involve) (2) the State or government in some way, while
private law is concerned with disputes between private individuals or businesses.
Both public and private law can ____________________(sub-divide, passive) (3)
into different categories.
Key
• National law is the law which applies within a country: each country has its
own national law and there are often wide differences between the law of
individual countries. This can be shown by the fact that Scotland has its
own law and legal system which are quite separate from the law and legal
system which operate in England and Wales. Within national law there is
usually a clear distinction between public ad private law. Public law involves
the State or government in some way, while private law is concerned with
disputes between private individuals or businesses. Both public and private
law can be sub-divided into different categories.(14)
Fill in the missing words: Administrative, commits, Constitutional,
Criminal, defendant, election, offence, Parliament, prosecute,
punishment
• ___________________law controls the method of government and any disputes which
arise over such matters as who is entitled to vote in an ______________, or who is allowed
to become a Member of ______________________, or whether an election was carried
out by the correct procedure. ________________law controls how Ministers of State or
other public bodies such as local councils should operate. ______________________law
sets out the types of behaviour which are forbidden at risk of ___________________. A
person who _________________a crime is said to have offended against the State, and so
the State has the right to _______________________them. At the end of the case, if the
___________________ is found guilty, the court will punish the defendant for
the________________, because he or she has broken the criminal law set down by the
State.
Key
• Constitutional law controls the method of government and any disputes which
arise over such matters as who is entitled to vote in an election, or who is allowed
to become a Member of Parliament, or whether an election was carried out by the
correct procedure. Administrative law controls how Ministers of State or other
public bodies such as local councils should operate. Criminal law sets out the types
of behaviour which are forbidden at risk of punishment. A person who commits a
crime is said to have offended against the State, and so the State has the right to
prosecute them. At the end of the case, if the defendant is found guilty, the court
will punish the defendant for the offence, because he or she has broken the
criminal law set down by the State.
Fill in the missing words: civil, courts, crime, private
(2x), public (2x), state
• It is important to realise that ______________law is very different from
criminal law. Criminal law is part of ______________law while civil law is
the separate category of ________________ law. The reason that criminal
law is part of _______________ law is that _______________ is regarded
as an act against the ________________and society as a whole. Civil law is
called _______________ law because the issues it deals with are between
two individuals. The two types of law have different aims and are dealt with
in different __________________.
Key
• It is important to realise that civil law is very different from criminal law.
Criminal law is part of public law while civil law is the separate category of
private law. The reason that criminal law is part of public law is that crime is
regarded as an action against the state and society as a whole. Civil law is
called private law because the issues it deals with are between two
individuals. The two types of law have different aims and are dealt with in
different courts.
Fill in the missing words: Act, crime, customs,
judicial, statute, statutory, theft, unwritten
• Common law is the basis of English law: it is ________________ law that
developed from _____________ and judicial decisions. The phrase
'common law' is still used to distinguish laws that have been developed by
_______________ decisions, from laws that have been created by
____________or other legislation. For example, murder is a common law
____________ while theft is a ___________________ crime. This means
that murder has never been defined in any __________ of Parliament, but
______________ is now defined by the Theft Act 1968.
Key
• Common law is the basis of English law: it is unwritten law that developed
from customs and judicial decisions. The phrase 'common law' is still used
to distinguish laws that have been developed by judicial decisions, from
laws that have been created by statute or other legislation. For example,
murder is a common law crime while theft is a statutory crime. This means
that murder has never been defined in any Act of Parliament, but theft is
now defined by the Theft Act 1968.
• Common law also has another meaning, in that it _____________________ (use,
passive) (3) to distinguish between rules that _______________________ (develop,
passive) (3) by the common law courts (the King's courts) and the rules of Equity
which were developed by the Lord Chancellor and the Chancery courts. Equity
_____________________(develop)(2) because of problems in the common law.
Only certain types of case ___________________(recognize, passive) (3). The law
_________(be) was also very technical; if there was an error in the formalities the
person ___________________(make) (2) the claim would lose the case.
Key
• Common law also has another meaning, in that it is used to distinguish
between rules that were developed by the common law courts (the King's
courts) and the rules of Equity which were developed by the Lord
Chancellor and the Chancery courts. Equity developed because of problems
in the common law. Only certain types of case were recognized. The law
was also very technical; if there was an error in the formalities the person
making the claim would lose the case.
Fill in the missing words: common, compensation,
damages, defendant, parties, plaintiff, remedy
• Another major problem was the fact that the only ___________ the
_____________ law courts coud give was ____________________ – that is an
order that the _________________ pay a sum of money to the
___________________ (now claimant) by way of compensation. In some cases
this would not be the best method of putting matters right between the
______________. For example, in a case of trespass to land, where perhaps the
defendant had built on his neighbour's land, the building would still be there and the
plaintiff would have lost the use of that part of his land. In such a situation the
plaintiff would probably prefer to have the building removed, rather than be given
money in _____________
Key
• Another major problem was the fact that the only remedy the common law
courts coud give was 'damages' – that is an order that the defendant pay a
sum of money to the plaintiff (now claimant) by way of compensation. In
some cases this would not be the best method of putting matters right
between the parties. For example, in a case of trespass to land, where
perhaps the defendant had built on his neighbour's land, the building would
still be there and the plaintiff would have lost the use of that part of his
land. In such a situation the plaintiff would probably prefer to have the
building removed, rather than be given money in compensation.
• People who could not obtain justice in the common law courts
_______________(appeal) directly to the king. Most of these cases
_____________________(refer, passive) to the king's Chancellor, who
______________(be) both a lawyer and a priest, and who
____________________(become) known as the keeper of the king's conscience.
This was because the Chancellor __________________(base) his decisions on
principles of natural justice and fairness, making a decision on what seemed 'right'
in the particular case rather than on the strict following of previous precedents. He
was also prepared to look beyond legal documents, which
___________________(consider, passive) legally binding by the common law
courts, and to take account of what the parties had intended to do
Key
• People who could not obtain justice in the common law courts appealed
directly to the king. Most of these cases were referred to the king's
Chancellor, who was both a lawyer and a priest, and who became known as
the keeper of the king's conscience. This was because the Chancellor based
his decisions on principles of natural justice and fairness, making a decision
on what seemed 'right' in the particular case rather than on the strict
following of previous precedents. He was also prepared to look beyond legal
documents, which were considered legally binding by the common law
courts, and to take account of what the parties had intended to do.