English for Lawyers I Revision. Introduction to law: basic concepts Complete the following text...
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Transcript of English for Lawyers I Revision. Introduction to law: basic concepts Complete the following text...
English for Lawyers IEnglish for Lawyers IRevisionRevision
Introduction to law: basic conceptsIntroduction to law: basic concepts
Complete the following text about basic Complete the following text about basic legal concepts using the following words legal concepts using the following words and phrases. Use each term once: and phrases. Use each term once: authority, court, govern, judges, law authority, court, govern, judges, law enforcement agency, lawyers, legal action, enforcement agency, lawyers, legal action, legal systems, legislation, rule, the legal systems, legislation, rule, the judiciary, tribunaljudiciary, tribunal
authority, court, govern, judges, law enforcement authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunallegislation, rule, the judiciary, tribunal
Why do we have laws andWhy do we have laws and legal legal systemssystems? At one level, laws can be seen ? At one level, laws can be seen as a type of _____which is meant to ____ as a type of _____which is meant to ____ behaviour between people. We can find behaviour between people. We can find these rules in nearly all social these rules in nearly all social organizations, such as families and sports organizations, such as families and sports clubs.clubs.
authority, court, govern, judges, law enforcement authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunallegislation, rule, the judiciary, tribunal
Law, the body of official rules and Law, the body of official rules and regulations, generally found in regulations, generally found in constitutions and____, is used to govern a constitutions and____, is used to govern a society and to control the behaviour of its society and to control the behaviour of its members. In modern societies, a body members. In modern societies, a body with ____, such as a ____ or the with ____, such as a ____ or the legislature, makes the law; and a ____, legislature, makes the law; and a ____, such as the police, makes sure it is such as the police, makes sure it is observed.observed.
authority, court, govern, judges, law enforcement authority, court, govern, judges, law enforcement agency, lawyers, legal action, legal systems, agency, lawyers, legal action, legal systems,
legislation, rule, the judiciary, tribunallegislation, rule, the judiciary, tribunal
In addition to enforcement, a body of In addition to enforcement, a body of expert____ is needed to apply the law. expert____ is needed to apply the law. This is the role of ____, the body of _____ This is the role of ____, the body of _____ in a particular country. Of course, legal in a particular country. Of course, legal systems vary between countries, as well systems vary between countries, as well as the basis for bringing a case before a as the basis for bringing a case before a court or ____. One thing, however, seems court or ____. One thing, however, seems to be true all over the world – starting a to be true all over the world – starting a ____is both expensive and time-____is both expensive and time-consuming.consuming.
The subject matter of the legal The subject matter of the legal systemsystem
Lawyers often divide Lawyers often divide the law into criminal the law into criminal and civil. Classify the and civil. Classify the following terms into following terms into the appropriate the appropriate column. Two terms column. Two terms can appear in both can appear in both columns:columns:
CriminalCriminal CivilCivil
Classify the following:Classify the following:
Compensation, contract, crime, damages, Compensation, contract, crime, damages, family law, intellectual property, plaintiff, family law, intellectual property, plaintiff, police, private individual, prosecution, the police, private individual, prosecution, the accused, the defendant, theft, to bring a accused, the defendant, theft, to bring a case, to bring an action, to fine, to charge case, to bring an action, to fine, to charge someone with somethingsomeone with something
The sources of lawThe sources of lawExerciseExercise
Match these sources of law with the Match these sources of law with the descriptions below:descriptions below:
Common lawCommon law Napoleonic CodeNapoleonic Code Roman lawRoman law The Ten CommandmentsThe Ten Commandments
Common lawCommon law, , Napoleonic Code, Roman lawNapoleonic Code, Roman law
The Ten CommandmentsThe Ten Commandments
_____, which evolved in the 8th century BC, was _____, which evolved in the 8th century BC, was still largely a blend of custom and interpretation still largely a blend of custom and interpretation by magistrates of the will of the gods.by magistrates of the will of the gods.
_____formed the basis of all Israelite legislation. _____formed the basis of all Israelite legislation. They can also be found in the laws of other They can also be found in the laws of other ancient peoples.ancient peoples.
_____refers to the entire body of French law, _____refers to the entire body of French law, contained in five codes dealing with civil, contained in five codes dealing with civil, commercial, and criminal law.commercial, and criminal law.
Common law, Napoleonic Code, Roman lawCommon law, Napoleonic Code, Roman lawThe Ten CommandmentsThe Ten Commandments
______evolved from the tribal and local ______evolved from the tribal and local laws in England. It began with common laws in England. It began with common customs, but over time it involved the customs, but over time it involved the courts in law-making that was responsive courts in law-making that was responsive to changes in society. In this way the to changes in society. In this way the Anglo-Norman rulers created a system of Anglo-Norman rulers created a system of centralized courts that operated under a centralized courts that operated under a single set of laws that replaced the rules single set of laws that replaced the rules laid down by earlier societies.laid down by earlier societies.
ExerciseExercise
Replace the underlined words and Replace the underlined words and phrases with the following: phrases with the following:
Binding precedent, bound, cite, consider, Binding precedent, bound, cite, consider, distinguish, override, rely on/apply, reviseddistinguish, override, rely on/apply, revised
Binding precedent, bound, cite, consider, Binding precedent, bound, cite, consider, distinguish, override, rely on/apply, reviseddistinguish, override, rely on/apply, revised
1. The courts are 1. The courts are compelledcompelled to apply the to apply the precedent set by a higher court.precedent set by a higher court.
2. During the court case the judge will 2. During the court case the judge will evaluateevaluate all the evidence and the legal all the evidence and the legal issues.issues.
3. Judges are required to 3. Judges are required to followfollow the ratio, the ratio, or reasoning, in relevant previous decided or reasoning, in relevant previous decided casescases
Binding precedent, bound, cite, consider, Binding precedent, bound, cite, consider, distinguish, override, rely on/apply, reviseddistinguish, override, rely on/apply, revised
4. However, the judge may 4. However, the judge may note note a case a case cited as precedent by counsel as cited as precedent by counsel as materially different from the one at trialmaterially different from the one at trial
5. It is, however, the role of counsel to 5. It is, however, the role of counsel to refer torefer to relevant previous case decisions relevant previous case decisions
6. The principle of 6. The principle of following the decisions following the decisions of higher courtsof higher courts is fundamental to case is fundamental to case law.law.
Binding precedent, bound, cite, consider, Binding precedent, bound, cite, consider, distinguish, override, rely on/apply, reviseddistinguish, override, rely on/apply, revised
7. The Law Reports series are the most 7. The Law Reports series are the most frequently cited reports because the text is frequently cited reports because the text is editededited by the trial judge. by the trial judge.
8. New legislation may 8. New legislation may pay no attentionpay no attention to to the decision of an earlier court judgment.the decision of an earlier court judgment.
Exercise IExercise I
Find verbs that can be used to make word Find verbs that can be used to make word combinations with the words below. There combinations with the words below. There is more than one possibility for three of the is more than one possibility for three of the answers:answers:
Amend, codify, consolidate, enact, pass, Amend, codify, consolidate, enact, pass, repeal, updaterepeal, update
Amend, codify, consolidate, enact, Amend, codify, consolidate, enact, pass, repeal, updatepass, repeal, update
Parliament can:Parliament can: 1. _____ Acts of Parliament1. _____ Acts of Parliament Pass/enactPass/enact 2. _____new statutes.2. _____new statutes. Enact/passEnact/pass 3. ______existing legislation.3. ______existing legislation. Amend/updateAmend/update
ExerciseExercise
4._______obsolete law4._______obsolete law repealrepeal 5. _______statute law, case law, and 5. _______statute law, case law, and
amendments into one Act.amendments into one Act. codifycodify 6. _____law by repealing and re-enacting 6. _____law by repealing and re-enacting
in one statute provisions of a number of in one statute provisions of a number of statutes on the same subject.statutes on the same subject.
consolidateconsolidate
Exercise IIExercise II
Replace the underlined words with the Replace the underlined words with the correct form of the following: correct form of the following:
approve, Bill, debate, drafting, enshrine, approve, Bill, debate, drafting, enshrine, introduce, propose, re-present, submit, introduce, propose, re-present, submit, undertakeundertake
approve, Bill, debate, drafting, enshrine, introduce, approve, Bill, debate, drafting, enshrine, introduce, propose, re-present, submit, undertakepropose, re-present, submit, undertake
N: How is new legislation enacted? N: How is new legislation enacted? C: Well, initially the (1) C: Well, initially the (1) draft legislationdraft legislation has has
to be (2) to be (2) presentedpresented to both houses. The to both houses. The draft is (3) draft is (3) discusseddiscussed several times. A several times. A committee has the job of checking that the committee has the job of checking that the Bill (4) Bill (4) incorporatesincorporates the fundamental the fundamental elements (5) elements (5) agreedagreed at the second at the second reading. After this, the Bill is (6) reading. After this, the Bill is (6) shown shown againagain to the lower house. to the lower house.
approve, Bill, debate, drafting, enshrine, introduce, approve, Bill, debate, drafting, enshrine, introduce, propose, re-present, submit, undertakepropose, re-present, submit, undertake
N: Who does the (7) N: Who does the (7) formal writingformal writing of the of the legislation?legislation?
C: It’s C: It’s donedone by qualified barristers by qualified barristers employed as civil servants, known as employed as civil servants, known as Parliamentary Counsel.Parliamentary Counsel.
N: Who can (9) N: Who can (9) put forwardput forward Bills? Bills? C: The government and, less commonly, C: The government and, less commonly,
MPs.MPs.
KeyKey
Well, initially the (1) Well, initially the (1) Bill Bill has to be (2) has to be (2) submitted/introduced/proposedsubmitted/introduced/proposed to both to both houses. The draft is (3) houses. The draft is (3) debateddebated several several times. A committee has the job of times. A committee has the job of checking that the Bill (4) checking that the Bill (4) enshrinesenshrines the the fundamental elements (5) fundamental elements (5) approvedapproved at the at the second reading. After this, the Bill is (6) second reading. After this, the Bill is (6) re-re-presentedpresented to the lower house. to the lower house.
KeyKey
Who does the (7) Who does the (7) draftingdrafting of the of the legislation?legislation?
C: It’s C: It’s undertakenundertaken by qualified barristers by qualified barristers employed as civil servants, known as employed as civil servants, known as Parliamentary Counsel.Parliamentary Counsel.
N: Who can (9) N: Who can (9) propose/introduce/submitpropose/introduce/submit Bills?Bills?
C: The government and, less commonly, C: The government and, less commonly, MPs.MPs.
Exercise 3Exercise 3
VERBVERB NOUNNOUN NOUN - NOUN - PERSONPERSON
00 partnerpartner
traineetrainee
adviseadvise
practicepractice
specialisespecialise
Exercise 4Exercise 4
Match the two parts of the definitions:Match the two parts of the definitions: 1. Someone who works for his or herself is1. Someone who works for his or herself is 2. If you speak on behalf of clients in court, you2. If you speak on behalf of clients in court, you 3. Non-professional clients are known as3. Non-professional clients are known as 4. Barristers working solely for a company are 4. Barristers working solely for a company are
calledcalled 5. The governing authorities of barristers are5. The governing authorities of barristers are 6. When a solicitor gives a barrister the details of 6. When a solicitor gives a barrister the details of
a case, the barrister isa case, the barrister is 7. When you work as a barrister you7. When you work as a barrister you
Exercise 4Exercise 4
A) provide representationA) provide representation B) lay clientsB) lay clients C) Self-employed/ a sole traderC) Self-employed/ a sole trader D) instructedD) instructed E) in-house counselE) in-house counsel F) practise at the BarF) practise at the Bar G) the Bar Council and the Inns of CourtG) the Bar Council and the Inns of Court
Exercise 5Exercise 5
Complete the extracts from a trainee Complete the extracts from a trainee barrister describing her professional life barrister describing her professional life using the following: using the following: advocacy, Bar advocacy, Bar Vocational Course, chambers, conversion Vocational Course, chambers, conversion course, document/pleading/opinion, course, document/pleading/opinion, exercise rights of audience, pupillage, exercise rights of audience, pupillage, pupil master, senior barrister, shadow, pupil master, senior barrister, shadow, tenancytenancy
advocacy, Bar Vocational Courseadvocacy, Bar Vocational Course, , chambers, conversion course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, document/pleading/opinion, exercise rights of audience, pupillage, pupil master, senior barrister, shadow, tenancypupil master, senior barrister, shadow, tenancy
I took a first degree in Modern History, then did I took a first degree in Modern History, then did the ____ ____ in law at City University, which the ____ ____ in law at City University, which was much harder. I then did the ____ _____ was much harder. I then did the ____ _____ _____ at the Inns of Court School of Law._____ at the Inns of Court School of Law.
Most days I’d expect to be present in ____from Most days I’d expect to be present in ____from about 8.45 am to 7.00pm, working almost about 8.45 am to 7.00pm, working almost throughout in my ____ _____’s room. During throughout in my ____ _____’s room. During that time I ____his professional life completely. that time I ____his professional life completely.
advocacy, Bar Vocational Courseadvocacy, Bar Vocational Course, , chambers, conversion course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, document/pleading/opinion, exercise rights of audience, pupillage, pupil master, senior barrister, shadow, tenancypupil master, senior barrister, shadow, tenancy
I generally look at papers when they first come I generally look at papers when they first come in. I’m expected to be able to suggest how the in. I’m expected to be able to suggest how the case might be approached. In a week I might case might be approached. In a week I might draft a___, prepare notes for a conference with draft a___, prepare notes for a conference with clients, comment on draft witness statements, clients, comment on draft witness statements, and research legal points.and research legal points.
Although all ___ are for twelve months, if they Although all ___ are for twelve months, if they think you have no prospect of finding a ____in think you have no prospect of finding a ____in the chambers, after six months you would be the chambers, after six months you would be told discreetly.told discreetly.
advocacy, Bar Vocational Courseadvocacy, Bar Vocational Course, , chambers, conversion course, chambers, conversion course,
document/pleading/opinion, exercise rights of audience, pupillage, document/pleading/opinion, exercise rights of audience, pupillage, pupil master, senior barrister, shadow, tenancypupil master, senior barrister, shadow, tenancy
Chambers run ___training evenings to Chambers run ___training evenings to reduce the loss of opportunity to ____reduce the loss of opportunity to ____
____ _____ _____ in court.____ _____ _____ in court. When I’ve prectised for more than ten When I’ve prectised for more than ten
years, I’d be interested in being appointed years, I’d be interested in being appointed as a _____ ______, with a specialist area as a _____ ______, with a specialist area such as employment law.such as employment law.
KeyKey
I took a first degree in Modern History, I took a first degree in Modern History, then did the then did the conversion courseconversion course in law at in law at City University, which was much harder. I City University, which was much harder. I then did the then did the Bar Vocational CourseBar Vocational Course at at the Inns of Court Schoold of Law. Most the Inns of Court Schoold of Law. Most days I’d expect to be present in days I’d expect to be present in chamberschambers from about 8.45 am to 7.00pm, working from about 8.45 am to 7.00pm, working almost throughout in my almost throughout in my pupil master’spupil master’s room. During that time I room. During that time I shadowshadow his his professional life completely. professional life completely.
KeyKey
I generally look at papers when they first I generally look at papers when they first come in. I’m expected to be able to come in. I’m expected to be able to suggest how the case might be suggest how the case might be approached. In a week I might draft a approached. In a week I might draft a pleading/opinion/documentpleading/opinion/document, prepare , prepare notes for a conference with clients, notes for a conference with clients, comment on draft witness statements, and comment on draft witness statements, and research legal points. research legal points.
KeyKey
Although all pupillages are for twelve Although all pupillages are for twelve months, if they think you have no prospect months, if they think you have no prospect of finding a tenancy in the chambers, after of finding a tenancy in the chambers, after six months you would be told discreetly. six months you would be told discreetly. Chambers runs Chambers runs advocacyadvocacy training training evenings to reduce the loss of opportunity evenings to reduce the loss of opportunity to to exercise rights of audienceexercise rights of audience in court. in court.
KeyKey
When I’ve practised for more than ten When I’ve practised for more than ten years, I’d be interested in being appointed years, I’d be interested in being appointed as a as a senior barristersenior barrister, with a specialist , with a specialist area such as employment law.area such as employment law.
Fill in the missing words: access, aid, Fill in the missing words: access, aid, equality, fairness, litigation, plaintiffequality, fairness, litigation, plaintiff
Many societies grant legal ___to persons Many societies grant legal ___to persons incapable of paying for a lawyer. The right incapable of paying for a lawyer. The right of ____ to justice to the poor, especially in of ____ to justice to the poor, especially in criminal cases. Even in respect of civil criminal cases. Even in respect of civil ___, however, elementary norms of___ ___, however, elementary norms of___ would be undermined where an would be undermined where an impecunious defendant is sued by an impecunious defendant is sued by an affluent ____or the state. Any semblance affluent ____or the state. Any semblance of ___before law would be shattered.of ___before law would be shattered.
KeyKey
Many societies grant legal aid to persons Many societies grant legal aid to persons incapable of paying for a lawyer. The right incapable of paying for a lawyer. The right of access to justice to the poor, especially of access to justice to the poor, especially in criminal cases. Even in respect of civil in criminal cases. Even in respect of civil litigation, however, elementary norms of litigation, however, elementary norms of fairness would be undermined where an fairness would be undermined where an impecunious defendant is sued by an impecunious defendant is sued by an affluent plaintiff or the state. Any affluent plaintiff or the state. Any semblance of equality before law would be semblance of equality before law would be shattered.shattered.
Fill in the missing words: charged, Fill in the missing words: charged, civil, clients, cost, jurisdictionscivil, clients, cost, jurisdictions
The ___involved (to both the state and The ___involved (to both the state and individual seeking legal aid) generally individual seeking legal aid) generally results in preference being given to results in preference being given to assisting those ___ with criminal offences, assisting those ___ with criminal offences, though some ___supply free legal aid in though some ___supply free legal aid in ___cases. Certain systems of legal aid ___cases. Certain systems of legal aid provide lawyers who are employed provide lawyers who are employed exclusively to act for eligible, exclusively to act for eligible, impoverished____.impoverished____.
KeyKey
The cost involved (to both the state and The cost involved (to both the state and individual seeking legal aid) generally individual seeking legal aid) generally results in preference being given to results in preference being given to assisting those charged with criminal assisting those charged with criminal offences, though some jurisdictions supply offences, though some jurisdictions supply free legal aid in civil cases. Certain free legal aid in civil cases. Certain systems of legal aid provide lawyers who systems of legal aid provide lawyers who are employed exclusively to act for are employed exclusively to act for eligible, impoverished clients.eligible, impoverished clients.
Legal termsLegal terms
An expert in the field of law; a person An expert in the field of law; a person skilled in the philosophy or science of the skilled in the philosophy or science of the lawlaw
JuristJurist To put in force; to cause to take effect; to To put in force; to cause to take effect; to
give effect togive effect to enforceenforce
Legal termsLegal terms
The act of asking a higher court to change The act of asking a higher court to change a decision of a lower courta decision of a lower court
appealappeal Submit/bring an appealSubmit/bring an appeal Uložiti žalbuUložiti žalbu Dismiss an appealDismiss an appeal Odbaciti žalbuOdbaciti žalbu
Legal terms: generalLegal terms: general
a body established by law for the administration a body established by law for the administration of justice by judgesof justice by judges
courtcourt a specialist court outside the judicial system a specialist court outside the judicial system
which examines special problems and makes which examines special problems and makes judgementsjudgements
tribunaltribunal a wide term which refers to all professionals a wide term which refers to all professionals
working in the legal profession; it does not refer working in the legal profession; it does not refer to a specific jobto a specific job
lawyerlawyer
Legal terms: generalLegal terms: general
a person who has specialised in the study and a person who has specialised in the study and practice of lawpractice of law
juristjurist to make sure something is done or is obeyedto make sure something is done or is obeyed enforceenforce If you ___ a wrong or harmful act, you punish If you ___ a wrong or harmful act, you punish
the person who is responsiblethe person who is responsible avengeavenge
Legal terms: generalLegal terms: general
failure to do a duty; a lack of care towards failure to do a duty; a lack of care towards someone or somethingsomeone or something
negligencenegligence breach, violation, infringementbreach, violation, infringement infractioninfraction the use of force to make someone to do the use of force to make someone to do
some actsome act coercioncoercion
Legal terms: criminal lawLegal terms: criminal law
an official statement in a court accusing an official statement in a court accusing someone of having committed a crimesomeone of having committed a crime
Criminal chargeCriminal charge
Legal termsLegal terms
ZakonZakon LawLaw statutestatute Act of Parliament (bill=prijedlog zakona)Act of Parliament (bill=prijedlog zakona) Legislation (= zakonodavstvo; zakoni)Legislation (= zakonodavstvo; zakoni)
Legal termsLegal terms
(1) historical origins of law; (2) the (1) historical origins of law; (2) the institutions which make law, (3) the places institutions which make law, (3) the places where law may be foundwhere law may be found
Sources of lawSources of law Fairness, moral justness; resource of justice Fairness, moral justness; resource of justice
to correct or supplement law; system of law to correct or supplement law; system of law coexisting common and statute lawcoexisting common and statute law
equityequity
Legal termsLegal terms
A general system of law deriving A general system of law deriving exclusively from court decisionsexclusively from court decisions
Common lawCommon law
Legal termsLegal terms
A judgement or decision of a court, A judgement or decision of a court, normally recorded in a law report, used as normally recorded in a law report, used as an authority for reaching the same an authority for reaching the same decision in subsequent casesdecision in subsequent cases
PrecedentPrecedent
Legal termsLegal terms
The part of law that deals with the The part of law that deals with the constitution and functions of the organs of constitution and functions of the organs of central and local government, the central and local government, the realtionship between individuals and the realtionship between individuals and the state, and relationships between state, and relationships between individuals that are of direct concern to the individuals that are of direct concern to the statestate
Public lawPublic law
Legal terms: Public lawLegal terms: Public law
Constitutional lawConstitutional law Administrative lawAdministrative law Tax lawTax law Criminal lawCriminal law
Private civil lawPrivate civil law= privatno građansko pravo= privatno građansko pravo
Law of contractLaw of contract = ugovorno pravo, obvezno pravo= ugovorno pravo, obvezno pravo Law of tortLaw of tort = odštetno pravo= odštetno pravo Family lawFamily law = obiteljsko pravo= obiteljsko pravo
Legal termsLegal terms
BindingBinding ObvezujućiObvezujući : 1) the power of the court to hear and : 1) the power of the court to hear and
decide a case or make a certain order; 2) decide a case or make a certain order; 2) the territorial limits within which the the territorial limits within which the jurisdiction of a court may be exercised; 3) jurisdiction of a court may be exercised; 3) the territorial scope of the legislative the territorial scope of the legislative competence of Parliamentcompetence of Parliament
JurisdictionJurisdiction
Legal termsLegal terms
a decision made by someone with official a decision made by someone with official authority such as a judge, magistrate, authority such as a judge, magistrate, arbitrator or chairmanarbitrator or chairman
RulingRuling
Legal termsLegal terms
BarristerBarrister odvjetnik s pravom zastupanja pred odvjetnik s pravom zastupanja pred
sudom; pravozastupniksudom; pravozastupnik SolicitorSolicitor odvjetnik bez prava zastupanja pred odvjetnik bez prava zastupanja pred
sudom; pravni zastupniksudom; pravni zastupnik
Legal termsLegal terms
Details of the case given by a client to a Details of the case given by a client to a solicitor, or by a solicitor to a barristersolicitor, or by a solicitor to a barrister
InstructionsInstructions
Legal termsLegal terms
A person who pays for a service carried A person who pays for a service carried out by a professional person such as a out by a professional person such as a solicitorsolicitor
ClientClient
Legal termsLegal terms
all the property that is owned by a person, all the property that is owned by a person, especially a person who has recently diedespecially a person who has recently died
EstateEstate
drawing up a document which legally drawing up a document which legally transfers property from a seller to a buyertransfers property from a seller to a buyer
ConveyancingConveyancing
Legal termsLegal terms
details of a client’s case, prepared by a details of a client’s case, prepared by a solicitor and given to the barrister who is solicitor and given to the barrister who is going to argue the case in courtgoing to argue the case in court
BriefBrief:: to give a barrister all the details of the to give a barrister all the details of the
case which he will argue in courtcase which he will argue in court To brief a barristerTo brief a barrister
Legal termsLegal terms
act of injuring someone’s reputation by act of injuring someone’s reputation by maliciously saying or writing things about maliciously saying or writing things about themthem
DefamationDefamation the tort of acting carelessly towards others the tort of acting carelessly towards others
so as to cause harm, entitling the injured so as to cause harm, entitling the injured party to claim damagesparty to claim damages
NegligenceNegligence
Legal termsLegal terms
to start legal proceedings against someone to to start legal proceedings against someone to get compensation for a wrongget compensation for a wrong
To sueTo sue money claimed by a claimant from a defendant money claimed by a claimant from a defendant
as compensation for harm doneas compensation for harm done DamagesDamages legally responsible for somethinglegally responsible for something LiableLiable
Legal termsLegal terms
documents setting out the claim of the documents setting out the claim of the claimant or the defence of the defendant, claimant or the defence of the defendant, or giving the arguments which the two or giving the arguments which the two sides will use in proceedingssides will use in proceedings
PleadingsPleadings::
Legal termsLegal terms
Summary offenceSummary offence Lakše kazneno djelo; djelo za koje se sudi Lakše kazneno djelo; djelo za koje se sudi
na osnovnom sudu (bez porote)na osnovnom sudu (bez porote) Indictable offenceIndictable offence Teško kazneno djeloTeško kazneno djelo
Legal termsLegal terms
Right not to say anything, when Right not to say anything, when questioned by the police, in case you may questioned by the police, in case you may say something which could incriminate yousay something which could incriminate you
Right against self-incriminationRight against self-incrimination
Legal termsLegal terms
In criminal proceedings, a formal statement In criminal proceedings, a formal statement made in court by an accused person as a made in court by an accused person as a response to the charge made against himresponse to the charge made against him
pleaplea Izjašnjavanje, odgovor na optužnicuIzjašnjavanje, odgovor na optužnicu PleadPlead Izjasniti se o krivnjiIzjasniti se o krivnji
Legal termsLegal terms
A decision that a person accused of a A decision that a person accused of a crime is guiltycrime is guilty
ConvictionConviction
A legal punishment given by a court to a A legal punishment given by a court to a convicted personconvicted person
SentenceSentence
Legal termsLegal terms
To invalidate a conviction made in an To invalidate a conviction made in an inferior court ot to set aside a decision inferior court ot to set aside a decision subject to judicial reviewsubject to judicial review
QuashQuash
Legal termsLegal terms
RemissionRemission reduction of a prison sentence (for good reduction of a prison sentence (for good
behaviour)behaviour) Umanjenje kazneUmanjenje kazne remitremit CommuteCommute To reduce a harsh sentence to a lesser To reduce a harsh sentence to a lesser
oneone
Legal termsLegal terms
The power to commute or remit a The power to commute or remit a sentencesentence
Prerogative of mercyPrerogative of mercy
LEGAL TERMSLEGAL TERMS
a proceeding heard in a civil court allowing a proceeding heard in a civil court allowing an individual to pursue a legal right; an individual to pursue a legal right;
ActionAction to begin a legal case; to begin a legal case; to take legal actionto take legal action
LEGAL TERMSLEGAL TERMS
an assertion of a legal right an assertion of a legal right ClaimClaim in a court, a claim by a defendant against in a court, a claim by a defendant against
whom a claimant is bringing a claim. whom a claimant is bringing a claim. CounterclaimCounterclaim
LEGAL TERMSLEGAL TERMS
Discovery of documents Discovery of documents disclosure of each disclosure of each party's documents to the other before a hearing party's documents to the other before a hearing starts in the civil courts (Since the new Civil starts in the civil courts (Since the new Civil Procedure Rules in 1999, Procedure Rules in 1999, disclosure)disclosure)
To file To file to send a document to court (to send a document to court (When a When a defendant is served with particulars of claim he defendant is served with particulars of claim he can file a defencecan file a defence); ); the defence must be filed the defence must be filed and served in 14 days and served in 14 days the defence must be the defence must be sent to court and to the other party within 14 sent to court and to the other party within 14 daysdays
Podnijeti zahtjev suduPodnijeti zahtjev sudu
Legal termsLegal terms
a court order telling someone to stop doing a court order telling someone to stop doing something, or not to do somethingsomething, or not to do something
InjunctionInjunction
LEGAL TERMSLEGAL TERMS
a judgment without trial against defendant a judgment without trial against defendant who fails to respond to a claimwho fails to respond to a claim
Judgment by defaultJudgment by default a review by a higher court of the actions of a review by a higher court of the actions of
a lower courta lower court Judicial reviewJudicial review
Legal termsLegal terms
person who starts an action against person who starts an action against someone in civil courts (Since the someone in civil courts (Since the introduction of the new Civil Procedure introduction of the new Civil Procedure Rules in April 1999, Rules in April 1999, claimantclaimant))
PlaintiffPlaintiff
LEGAL TERMSLEGAL TERMS
documents setting out the claim of the documents setting out the claim of the claimant or the defence of the defendant, claimant or the defence of the defendant, or giving the arguments which the two or giving the arguments which the two sides will use in proceedings sides will use in proceedings
PleadingsPleadings legal acceptance that a document, legal acceptance that a document,
especially a will, is validespecially a will, is valid ProbateProbate
LEGAL TERMSLEGAL TERMS
to change a decision to the opposite oneto change a decision to the opposite one ReverseReverse to give someone a legal document that to give someone a legal document that
requires them to do something requires them to do something Serve Serve to start legal proceedings against to start legal proceedings against
someone to get compensation for a wrongsomeone to get compensation for a wrong SueSue