ENGLISH LEGAL
TERMINOLOGY
Professor Harland L. Miller, III
Visiting Fulbright Scholar
Pravna Fakultete
Univerze v. Maribor
Sentence editing
It is clear and obvious that an offer to sell
the oil was made by the Egyptian
Company.
Revised
The Egyptian company offered to sell the
oil.
Original
The buyer for the French company
rejected the offer made by the offeror
due to the fact that he thought it was
unfair to him.
Revised
The buyer for the French company
rejected the offer because he thought it
was unfair.
Original
It is important to note that at the time the
contract was signed the offeree was not
under duress.
Revised
When the contract was signed the offeree
was not under duress.
Original
In this instance it should be noted that the
arbitration award from an earlier sale
was in favor of the German automobile
manufacturer.
Revised
The arbitration award from an earlier sale
was in favor of the German automobile
manufacturer.
Original
The court should consider the fact that
under the statutory law of the state, in
order to satisfy the statute of frauds a
contract must be written and signed by
the party against who the agreement
will be enforced.
Revised
Under the statutory law of the state, in
order to satisfy the statute of frauds a
contract must be written and signed by
the party against who the agreement
will be enforced.
Original
It should be obvious to anyone that the
contract is binding after it has been
accepted and signed by the offeree.
Revised
A contract is binding after it has been
accepted and signed by the offeree.
Original
It is important to note that in some
instances the equitable doctrine of
promissory estoppel could be
recognized as a substitute for
consideration under American contract
law.
Revised
Sometimes the equitable doctrine of
promissory estoppel could be
recognized as a substitute for
consideration under American contract
law.
Original
Although Joseph did not have any
authority to enter into the contract
negotiations with the French design
firm.
Revised
Joseph was unauthorized to enter into the
contract negotiations with the French
design firm.
Original
It was obvious, however, that the attorney
from Mexico could ratify it because of
the fact that Joseph was acting as her
agent.
Revised
However, that the attorney from Mexico
could ratify it because Joseph was
acting as her agent.
Original
It should be understood by anyone that a
contract couldn’t be binding unless the
offeree has manifested acceptance of
the terms of the offer.
Revised
A contract cannot be binding unless it is
accepted by the offeree.
Constitutional Law
1789 – The basic and supreme law of the
United States
3 Branches of government
27 Amendments since 1791
Bill of Rights
3 Branches of Government
Legislative – passes laws
House of Representatives (delegates
based upon population)
Senate (delegates are 2 for every state)
Bill of Rights
A series of prohibitions and limitations on
the enactment of laws by Congress
infringing on certain rights.
Bill of Rights
The right to freedom of religion, speech
and press (Amendment 1)
The right to assemble peaceably, and to
petition the government for a redress of
grievances (Amendment 1)
Bill of Rights
The right to keep and bear arms in
common defense (Amendment 2)
The right not to have soldiers quartered in
one’s own home in peacetime without
the consent of the owner, nor in war
except as proscribed by law
(Amendment 3)
Bill of Rights
The right to be secure against
“unreasonable searches and seizures”
(Amendment 4)
The right in general not to be held to
answer criminal charges except upon
indictment by a grand jury. (Amendment
5)
Bill of Rights
The right not to be put twice in jeopardy
for the same offense. (Amendment 5)
The right not to be compelled to be a
witness against oneself in a criminal
case. (Amendment 5)
Bill of Rights
The right not to be deprived of life, liberty,
or property without due process of law.
(Amendment 5)
Bill of Rights
The right in a criminal prosecution to a
speedy trial and public trial by an
impartial jury, to be informed of charges,
to be confronted with witnesses, to have
a compulsory process for calling
witnesses in defense of the accused,
and to have legal counsel.
(Amendment 6)
Bill of Rights
The right to a jury trial in suits at common
law involving over $20.00. (Amendment
7)
The right not to have excessive bail
required, nor excessive fines imposed,
nor cruel and unusual punishment
inflicted (Amendment 8)
Impeachment
The act (by a legislature) of calling for the
removal of a pubic official accomplished
by presenting a written charge of the
official’s alleged misconduct.
Article II, Section 4
The President, Vice President and all civil
officers of the United States, shall be
removed from office on impeachment
for, and conviction of, treason, bribery,
or other high crimes and
misdemeanors.
Bill of Rights
a. Domestic federal legislation.
b. Legal protection against interference of
rights by private individuals.
c. A popular name given to the first ten
amendments to the U.S. constitution.
d. The federal constitution provision
which grants rights to state
governments.
Bill of Rights
c. A popular name given to the first ten
amendments to the U.S. constitution.
Declaration of Independence
a. A declaration made in 1689 to proclaim the rights of
British subjects.
b. In French history, a declaration made in 1789 to
enumerate the “natural inalienable and sacred rights
of man.”
c. In American history, a declaration made on July 4,
1776 to proclaim the independence of the thirteen
colonies.
d. In family law, a declaration made by a child who will
not listen to a parent.
Declaration of Independence
c. In American history, a declaration made on July 4,
1776 to proclaim the independence of the thirteen
colonies.
Full Faith and Credit
a. Constitutional mandate that every state
should enforce the judgments of courts of
other states.
b. Belief of citizens that judges will faithfully
interpret the laws.
c. Belief of citizens that the executive branch
will faithfully execute the laws.
d. Requirement that members of Congress
enact only constitutional laws.
Full Faith and Credit
a. Constitutional mandate that every state
should enforce the judgments of courts of
other states.
Due Process
a. Procedures established only under the
Administrative Procedure Act.
b. The rights on non-citizens before
immigration officers.
c. Fair rules and established legal principles
that limit the power of government over life,
liberty and property.
d. The principle that all persons are equal
before the law.
Due Process
c. Fair rules and established legal principles
that limit the power of government over life,
liberty and property.
Equal Protection
a. Principle that federal law must provide
protections that are equivalent to those
found under state law.
b. The principle that the law should treat every
person as the equal of every other person.
c. The principle underlying the unsuccessful
Equal Rights Amendments.
d. The concurrent jurisdiction of federal and
state police to protect the public.
Equal Protection
b. The principle that the law should treat every
person as the equal of every other person.
Standing
a. Abbreviation of “notwithstanding.”
b. The ability to bring a lawsuit because
of a party’s actual injury for which the
court can provide a remedy.
c. The ripeness of a case or controversy.
d. The status of a person, group, of
organization appearing as an amicus
curie.
Standing
b. The ability to bring a lawsuit because
of a party’s actual injury for which the
court can provide a remedy.
Mootness
a. A law school competition which allows
students to develop skills in oral argument
and brief writing.
b. Inability to speak in court without a
translator.
c. The “Act of State” doctrine often invoked by
foreign governments to evade liability for
injuries.
d. The concept that a court should dismiss
cases where there is no true controversy.
Mootness
d. The concept that a court should dismiss
cases where there is no true controversy.
Commerce Clause
a. The constitution provision giving the U.S.
Congress power to regulate “interstate
commerce.”
b. Power of U.S. Congress to legislate over
foreign affairs.
c. Power of the President to regulate banks.
d. Power of the President to regulate air traffic
because of public safety.
Commerce Clause
a. The constitution provision giving the U.S.
Congress power to regulate “interstate
commerce.”
Federalist Papers
a. Name given to the collection of historical
documents often cited to explain the
complexities of a constitutional government.
b. Newspaper given to members of Congress
to inform them of world affairs.
c. Documents issued by the Federal Reserve
Bank.
d. Documents issued by a Federal Court.
Federalist Papers
a. Name given to the collection of historical
documents often cited to explain the
complexities of a constitutional government.
Judicial Review
a. Power of the President to remove judges
from office for political reasons.
b. Power of the Congress to review acts of
Administrative agencies.
c. A popular annual music show put on by
judges at judicial conferences.
d. Power of the courts to review acts of other
branches of government branches.
Judicial Review
d. Power of the courts to review acts of other
branches of government branches.
Ripe
a.
b.
c.
d.
Ready to eat.
Ready for judicial determination.
A violent criminal act.
Rights of the states to regulate water.
Ripe
b. Ready for judicial determination.
Diversity Jurisdiction
a. Requirement that juries should be comprises
of persons of different national backgrounds.
b. Jurisdiction in Federal Court when the
parties are from different states.
c. Power of the Federal Courts to hear “federal
questions.”
d. English translation of the French legal
treatise, Diversite des courts.
Diversity Jurisdiction
b. Jurisdiction in Federal Court when the
parties are from different states.
Legislative History
a. Documents that may show the intent of
the legislature in passing a particular
law.
b. A record of money given by “lobbyists”
to Members of Congress.
c. Summary of state laws.
d. Videotapes of debates in the U.S.
Congress.
Legislative History
a. Documents that may show the intent of
the legislature in passing a particular
law.
Freedom of the Press
a. A judicial prohibition that forbids news media
from televising court trials.
b. The right to place a “legal notice”
advertisement in the newspaper.
c. The right of a journalist to to commit libel
(written defamation).
d. First Amendment right to publish ideas and
opinions without governmental restrictions.
Freedom of the Press
d. First Amendment right to publish ideas and
opinions without governmental restrictions.
Freedom of Religion
a. The freedom to not practice any religion.
b. The freedom to practice any faith as
guaranteed only in the American Declaration
on the Rights and Duties of Man.
c. The freedom to practice any faith as
guaranteed only in the International
Covenants on Civil and Political Rights.
d. First Amendment freedom to practice any
faith.
Freedom of Religion
d. First Amendment freedom to practice any
faith.
Ratification
a. Period often allowed for public comment on
proposed regulations.
b. Process by which 2/3 of the US Senate must
give its advice and consent to an
international treaty.
c. Process used by States to negotiate treaties
with foreign territories.
d. The filing of an amendment tax return to
avoid being investigated by the IRS.
Ratification
b. Process by which 2/3 of the US Senate must
give its advice and consent to an
international treaty.
Executive Branch
a. On the Federal level, the President and VicePresident.
b. On the Federal level, the President, Vice-President
and those federal administrative agencies that
execute laws enacted by Congress.
c. On the federal level, the Governor of a state.
d. On the Federal level, the administrative agencies
that execute laws enacted by Congress.
Executive Branch
b. On the Federal level, the President, Vice-President
and those federal administrative agencies that
execute laws enacted by Congress.
Privacy
a. Constitutional right that is expressly listed in
the U.S. Constitution.
b. A right that is recognized even though it is
not expressly set forth in the U.S.
Constitution.
c. The seclusion needed by judges while
deciding important cases.
d. The seclusion needed by a professor after
class.
Privacy
b. A right that is recognized even though it is
not expressly set forth in the U.S.
Constitution.