There is a final exam which is no picnic. Ann wants us all out of here after the first test 60%Up to 3 absences allowed. If its start to be more than 3 – it’s a problem for the student. It is necessary to be in the lesson to understand.there are 4 small tests in the semester and the lowest one is being tossed to the trash bin .40%We're allowed to use dictionaries and milonit. They teacher think the milonit is not powerful enough.

21.03.17Legal English – Lesson 1

The name of the teacher is Ann

Why do we need legal English?1. To compare our law system to other countries2. The trading language is English3. To understand the law English which is different from normal English4. Ann reason: Money. There are 15mil Hebrew speakers, but 2.5 billion English speakers.

So money is what making the world go round. It opens up more market potential.5. Law students who do their second degree aboard, or even staying there.

Google translate is a mess, so in order to expand your horizons – this course is the key.This course is more than English – its understating law cases in English.

What are we supposed to read?The verdict is only the ending result. The whole thing is called Judicial Opinion – or "Case"Academic Legal Articles = Law Review. (מאמרים)We are also reading Law = Statues and Regulations and constitutions(חוקים תקנות וחוקי יסוד) We are also reading Legal TextbooksWe are going to read Contracts (חוזים) Correspondents (מכתבים) Court Docs (מסמכי משפט)

We are going to read cases from different judges, and they tend to write shorter than barak.

How to read English LawsOur first challenge: Special Vocabulary (words)1. The stronger you general Academic English is, the more comfortable we are going to feel

about reading English laws.2. Collocations – group of word when together have a different meaning compared to a

single word alone. For example – specific performance – alone the words are meaningless, but together they mean "כריתת חוזה". This gets hard to recognize

3. Latin – half of the staff is not Hebrew nor English. Its Latin – it looks like English but it won't be in the Dictionary

4. Legal English vs. Everyday English. – sometimes same words have different meaning in a legal contract. A sentence in everyday English it’s a normal day way to talk, but in the legal English it’s the final sentence for the case.

Our second challenge: Sentences

We need to understand sentences to know them. There are 3 types of sentences1. A Basic Sentence – Subject Verb Object (SVO) (נושא, פעולה, חפץ)2. Adverbial Sentence – it's one of the SVO units + some extra information.3. Complex Sentence – one or more SVO string in a "chain". Laws are like this- the

sentences can be long and complex, and you must know where to cut it. (like a steak which needs to be cut nicely) – grammar can save the client life.

Simple SentenceSimplification - We need to look at the sentence as a tree – we are taking the branches and the leafs out and looking at the trump – it's called "KISS" – keep it simple stupid.

Adverbial Clauses1.) Although – marker of surprise. It’s a sentence + extra information3.) After – Marker of time. The word fear tells us why people are acting this way. The after tells us when5.) While – Marker of contrast – A is not equal to B. A= more money for Ann. B= more money for us. According to the sentence more money for us is bad – because it will raise the prices.

Complex Sentences1.) when we see something like that we look for the "תחום". Next, we are pulling out the action words and look for the trunk. If we don’t care about the parents – we skip the next information about them. It’s a way to get though stuff by pulling the relevant information.4.) first we look on the kind of "תחום" – this time, its breaking the law.a. Then the judge needs to make a decision. We need to tell john that he is going to go in to jail cause the judge doesn’t won't him to go out of prisonb. we will have to tell David that he should have learned from the first time. The layer can't do miracles.c. We going to tell jack that he can go home, and he should be thankful that he got to me – because I am great.

Statutory AnalysisFirst, we look for the "תחום" – this time its criminal law.S.O.V – the jury determines provocation.1.america doesn't have a parliament – so its British (pay attention to little things)2.the defended is the one who will enjoy this law3.this is the wrong statue for Roy! This is the statue for murder, and we have to look for the small words. In an exam – I will say Roy can't argue because this is an irrelevant statue.4.the question asked if it will remove the defense! – it will not. Pay attention to the little details in the question too!5.the law require you to lose control, but Romeo did it with full control. passion.

HomeworkOn the moudule – there is a whole book of dr. Doitch.Read and answer: NY Penal Law Pages 5-7The Nature of Tortious Liability Pages 9-10 Do the chart on page 10Legal Rights Pages 14-15.

28.03.17Lesson 2

The teacher placed the tests dates in the module, 3 of the best scores will get chosen.Last week we talked about the types of reading. We are going to look at all sort of specific types of legal texts. Last week we started working on reading statue - חוק זר.

Today we will concentrate on the power of laws. We need to understand the law by its power and functions.

Functions and statues1. Definitive Functions – הגדרה – if we want to take you to jail, we need to be careful by

choosing the method. 2. Mandatory Functions – you must. – for example – paying taxes, having a car with the

rules on the roads, must go to the army. That's the power of the state expressing itself in the mandatory of the statues.

3. Prohibitive Functions – איסור – I was tempted to kill my mother many times, but I didn’t do it, because I didn’t want to go to the jail.a. Malum in se Functions – רע מובן מאליו – prohibition that we understand why it is

there. Why it is "you must not" – because most civilization understand why chopping someone else head is not a god idea. Those kinds of prohibitions are understood by most of humanity

b. Malum Prohibitum Functions – איסור טכני – we have a lot of stripes on the sidewalks. Red and white is probably bad, but blue are probably fine. But then the teacher found out she received a ticket for parking without paying. The teacher broke the law – it doesn't make her evil.

4. Discretionary Functions - שיקול דעת – "you may" – if we have a reasonable person ( and the sign says that the speed limit is 60mp/h conditions permitting – you (אדם סבירneed to take into consideration the conditions of the road.

5. Declarative Functions – הצהרתי – its explaining why it’s doing. For example – if we have a building we need a ramp, and the statue will say that's the ramp is for the handicapped people. The statue is telling us that this is the rationale behind the statue.

6. Enabling Functions - מעניק זכויות או תקציב – to allocate money or certain right and powers, is also power of the enabling functions of statues.

Definitive (from homework) Example:A controlled substance – חומר תחת שליטה – in Hebrew that’s means nothing, but the law define the words and give them meaningGoods is a general word, but this statues defines the words good by the statue

Mandatory Examples:Shall – there are 2 commandments. Prohibitory Functions.

Overlap of statutory Functions – normally, if we want to enable something, we will have a mandatory.Definitive usually goes with prohibition.

Example of Malum in seThe closer you get where a bribery is accepted by societies is fine – you should get out of the country. The people who says that a bribe will be fined, and can get up to 15 years and jail.

The kind of punishment is an indication of the will of the statue founder whether they think its Malum in se or Prohibitum.

Example of discretionary FunctionThe statue can say that any person may incorporate under this law – להפוך לתאגיד – If I want to the statue allows me to do so. If I don’t want to I don’t have to.

Example of declarative functionAll the declaration of independence – declaring to the public the כוונה of the statute.

The Enabling FunctionLike giving power to a person (executive power – רשות מבצעת to one guy only)Congress shall have the power to lay and…. – also a lot of power

מקורות –The חוקה/חוק יסוד can have the same say as our client – and then we have a strong case. If the statue has the same "opinion" as our client – we have a strong case.If we have a case from the past (תקדים) we have a pretty strong case.If we don’t have that, we can go to the מאמרים – and try to change the way the judge thinks.If nothing in our country works – we can try to find laws in other countries.

Linguistic Markers of statutes. Inclusive markers and Exclusive Markers.When the statue making a כלל – we need to obey it. But occasionally we have יוצא מן הכלל – we need to choose what stays in and what’s not. Inclusive markers taking them in (and, furthermore, in addition to). Exclusive markers – Or, except, unless)

Examples of inclusive markers –Accumulative mandatory list – like shopping list.

Example of Exclusive markerOmni buses is in the כלל, but private cars are out

Logistical Statutory MarkersA federal statue will have the word U.S.C (United State code). If this a state statue we will have a word like New-York state penal code. Also, federal statues are usually called "ACTS"

Reading Markers of statues (from the widest to the narrowest)1. The widest part is an Act 2. The next category under the act is Title.3. Then we have Chapter4. Then Section - תת פרק5. Clause – סעיף

Act is the name of a giant statue – like the 1959 criminal act.Conclusion – in order to understand statutes:

1. Kiss – Keep It Simple Stupid. 2. Simplify their language. 3. Understand the functions.

4. Understand the markers of inclusion and exclusion.Home work:5-7What function do we see in the first part? We can see an extremely detailed definition – Exactly what is forbidden for me to hold? Why did the law do that? That’s because the lawyers would have taken advantage on this.In the first part (a person is guilty of criminal….) – there is a defining of the mental state that you need to prove in this law.

In the second part (220.25…) – its definitive again, but this time it tells us that we need evidence to prove things to the judges – הוכחות – when we see that there is going to assume certain facts, and then we have the traffic (some are in, and some are out)Firstly– we are talking about vehicles. There is something special with cars – because experience has shown that when you combine young peoples, automobile and late at night – nothing goods happen at all. Knowing that, the statue addresses that.

In order to avoid trouble in proving who possessed the drugs in the car – the people driving the car will have to prove their innocence, and not the state (which usually have to prove they are guilty). Then we see "traffic" of a lot of words.

Misdemeanor – medium size "No no". felony is really bad.In this case – class a-1 felony is worse than misdemeanor.

Question number 4:Yes, even if it’s not his car/father car, because 220.25 is active. He now has to prove otherwise. There for, the presumption stands.

Question number 5:Its will be fair to assume harry didn't know about it.

Question number 6:Eldad does fall in subsection a of 220.25 because he is a licensed taxi driver and his was on duty. (we have to write all of the תנאים)

Analytical Tool Quiz (we don’t have this paper and will never have)1. The word No is giving us an indication of a prohibitive function.2. Mandatory shall – is an indication of or mandatory function3. Or is an exclusive list – meaning a Definitive function. 4. Every time we see a negative word – like neither – we probably in an איסור. –

prohibition (Malum in se prohbitium). 5. Discretionary – the may words giving שיקול דעת to the citizen some room to maneuver.

Next week we will do the text that we didn’t get to today. Also, she may send us more homework through the e-mail.

04.04.17Lesson 3 – Analytical tools part 2

April 18 there is a test. In week 4 module there is text for the quiz. We need to study and print it. We can make notes but we cannot bring the translation to the test. We can bring a dictionary – but it needs to be a book or a milonit. Nothing that can scan text.The quiz will be 50 minutes.Today the teacher will try to prepare us for the quiz.

Today we will turn to the Academic Legal Article. Typically, they are made up of a legal argument – טענה. Then he puts Supporting Details – פרטים – to support his argument.He is using his details in Logical Sequence – רצף הגיוני.

Logical Markers:The legal vocabulary is one of our primary challenges in the course- However – we need to make it go in order

Pattern of logic in legal arguments:1. Contrast – we try to distinguish out case, or the law.2. Comparison – the תקדים is the same as our case.3. Causation (סיבתיות) - we use it all the time, like in עונשין, because we want to find קשר

.we use it as well – נזיקין – In torts .סיבתי4. Enumeration = List of items – whenever we see the Arthur making a list – that’s because

he thinks it’s important, so pay attention.5. General statement plus example (illustration – הצהרה כללית עם דוגמאות.6. General Rule and Exception – כלל ויוצא מן הכלל, כמו בחוקים.7. Emphasis - דגש – the author using words so we won’t miss something important.

Contrast – X is different than Y. some of the words are: however, on the other hand, but, whereas, nonetheless, dissimilar. (Dissenting Opinion – דעת מיעוט)

Comparison – X is like Y. Common words: "likewise, just as, also, too, similarly…"

Causation (קשר סיבתי) – X has led to Y, and Y has led to Z. we can play with this causation loop.Causation answer the question "why".Words: for, because, since, as a result of, consequently, due to, a cause of.

Enumeration (list of items) – also, too, furthermore, in addition to, first, second. Thirds.

General statement plus example – markers – for example, for instance, such as, to illustrate המחבר מדגים משהו –Battery – כאשר אני יוצר מגע ותוקף. Assault – כאשר יש רק פחד בנאשם ללא צורך במגע.

General rule and exception – כלל ויוצא מן הכלל. This is a variation of the contrast but is very common in statues.

Emphasis – דגש. When we are trying to make the readers pay attention to something important. Common words: more importantly, above all, indeed and most importantly.

Conclusion – it no less important to understand the words, but then we have to start working with the logic, arguments and techniques. The markers gives us hooks in the sea of words when we reading and writing.

18.04.17Lesson 4 - after the 1 st test

When they ask us if somone can bring a clain – we need to say yer, no, and why.The theacher is telling us that if we want to sit with her on the test – she is here between 11-12 upstairs next to tal, and she will go with us on the text.The first quiz lets us know what we are trong and weak at.

The teacher wants to teach us how to analize a case – פסק דין זר.The page the teacher is using is in the moodle.She is teaching us how to break the casw to the basic elemtns.

Issue – שאלה – the legal problem that the judge has to solve in order to solve the caseLaw – what branch of law are we in? באיזה תחום אנחנו? And then the rules within the lawAuthority – אסמכתא/מקורותלא סמכות, אלא – what מקורות the judges rely on? After cases the next powerful authority, is the academics litriture – we have a "hard case" and need to ask the judge to "rethink the case and law" after that you need to go to other countries and find from there.Fact – עובדות, there are 2 kinds of facts – procedural and substantive facts.

substantive– what happened in the real world in practice for them to go to the court? The leagal system stinks, so why did they have to come here?Procedural – what happed in the law system with the case? תהליך משפטי/פרוצדורה

Opinion – the judge gives the answere to the issue – every issue that is raized – the judge has to answare. The opinion have a number of cards:

Holding (heldקבע ) and technical holdingRatio Decidendi – the rationalization for the decision נימוק - . it can be factual reasoning, policy reasoning…

Home work will be sent on the modle

Us v eichmanDeutch Book 36-39Tinlcer V desmoinesQuestions on module.

ILAFO – the basic of every פסק דין.

25.04.17Lesson 5

annieprof@yahoo.com 10-11:45 – write to ann to talk about the testafter independence day we will have another test. There will be 2 text to prepare on – and we will need to understand how to read foreign cases.IssueLaw – area, rulesAuthurityFacts – procedural and subsantiveOpinion – of the judge. Contains the Holding (מסקנה) and the ratio

By reading all of these elemts, we can also understand the arguments of the parties.

State V. Jones (1971) - By looking at the headline – we know that this is a criminal case – state vs. somone.

Example – מדינת ישאל נ. נועהNoa escapes from the police, and end up in England. Noa has urges for money , man and drugs – and that's expansive. She has to continiue her life of crime. She takes little bits of money from the clients at her bank work. She does this for years and acclumulates 700k GBP. Finally they catch her – in England it will be "Regina v Noa" – Regina is the queen. Rut is the king. Now we will se R v Noa – R is a short. By this we will undestnad that the case is a criminal case, that is under the influence of England.

Noa Escapes again! And go to the united state. She goes to new York (no death penalty). She starts a prostitution business – and lures woman to the business. She finally gets cought – and the name of the case might be "state vs noa", "new yourk v noa", ans sometimes it will even be the people v noa.

The next thing she does is to gt on united states vessel, and sell secret battle plans to china for 2 milion – she will be charged for treason and espionage. The name of the case will be "united states of America v noa" – the whole state vs tiny noa. Just from the headline we will find all of this info.

State V. Jones (1971) – from a state court. United states vs America will be a federal crime (bigger) if we violate a federal act or an amendment - it will be federal.

State V. Jones (1971)(1) A procedural fact/history.

The state convicted him for drug possession. Jones is the defendant, and the state is the prosecutor. The מערער is the appellant, and the משיב is the respondent.

(2) Relevant Substantive Facts – היו היה, מה קרה בשטח(3) Arguments of jones & Substantive Facts(4) Rule of Law in this current state. The court or the prosecutor is the one who is

talking.(5) The issue one way to find the issue is by looking at the holding (ההחלטה) or by the

arguments. This issue is not a simple one – Johns lawyers says he doesn't have a control on the backpack. That's a solid argument. But what do I choose?

(6) Now we are going to the mind of the judge. – Reasons and policy, Ratio. Its Legal Reasoning

(7) Legal Reasoning using policy (under the ratio). Its control and not ownership because people will get away to easily. We will go with control.

Ratio - Legal reasoning. Factual reasoning and policy reasoning(8) Still in Ratio – but in factual reasoning(9) We – the judges. They agree with the lower court – affirmed.

Homework Cases – Eichman case – the teacher marked the text by the ILAFO method – the first paragraph start with an issue. Next there is procedural facts – the recitation by the highest appeal. The district court is a part of the procedural history. The lower court said it's not constitutional to ban burning flags.

Next, we have procedural history. A lower court history is procedural history.There are also substantive facts – היו היה.After that we have the rule of law and authority. We derive the כללים from the תקדים.(note that in the procedural facts – it's only talks about the history of the case itself)

After that we have the government Arguments.Claim, Contend, Argue, Submit, Posit, Opine – argument words that will help us find the argument part.The first question the states raise is that burning a flag is not even a speech – so how can we say its protected? The court decides that burning the flag is a speech – burning the flag in public.Then we have the judge reasoning – Ratio of the supreme Court – factual and heavily legal.Ann encourages us to do this separation in our homework text.

Home Work - Eichmann1) False2) False – one of them was and one of them was not. The question was factual

question – so we need to look at the sustentive facts.when we get the T/F question – every single word must be true for it to be true. This sentence is true until the last bit – which make it false.

3) True – we need to be talking to someone else for something to be a speech.4) Judicial standard – the type of examination the judge will look at the statue. The

type of glasses: rational basis (weak), medium, and the strict scrutiny – the strongest glasses.We use strong glasses when we have an amendment problem

5) Federal – congress passed a federal protection act – and then it’s a federal case. Also – U.S.C.A = federal Statue.

6) Obscenity/Fighting Words - We need to find the arguments of the state. 7) B8) The right to communicate is not absolute.

09.05.17Lesson 6

The courts in the us:Top – united state supreme court (USSC)Middle – like the 9th circleBottom – Normal Courts

The branches of the government – Legislative – Write the lawExecutive – Execute the lawJudicial – Interpret the Law

The people who wrote the constitution do not trust the politicians. Therefore, we will have " the power will be spread out – "Checks and Balances". If there is power – "איזונים ובלמיםsomewhere, there need to be something pulling it from the other side.

In Israel, we have one Knesset. – in other countries that’s call Bicameral (שני חלקים). In other countries, the legislative has a congress, a senate and a house of reps.In the senate, there are 100 members which stays for 6 yrs.The house of representative only stays for 2 yrs.

The senate has the more important job – and there we equalize the numbers – so the power will be defused.

It is no perfect – there is still corruption, but it's one of the better ones. we know that it is working because people stay in the county, and people wants to get in the US – which means something working right.

The body of the constitution governs the relationship between the branches.The U.S started only with 13 colonies, and the constitution has been "fixed" so they wanted the other states to join.Then the bill of rights was created – one of the 10 amendments. The bill includes a lot of rights.

The teacher presents us the amendments (in the module)We have primary source documents. Every clause gives birth to a tsunami of ink.There are a lot of statues that מיישמים the amendments.

#1 – the word "or" that repeats tells us it’s a list of things that congress can't do.This whole document forbids the government to do things – because the people did not trust the government.

Amendment 1 Covers Expressive RightsIts first in the list – because it’s the most important. It has a high priority.The thing number one in the list is Religion. That means that the religion was important to them, but it is a double-sided sword.On the one hand – the government will not get behind a religion (not going back it up). On the other hand – the country will leave them alone (but there are limits)

But why do the dollars of the USA have the word "in god we trust"?The founders of the first amendment were religious Christians.The sentence is not specifying which god – there were no atheist. It is old.

Amendment #2 GunsIts problematic cause it makes getting guns easyIts good because it will allow the people to protect themselves from the government going rouge.

Amendment #4 Search and SeizureThe government is doing the search and seizure.A lot of the time, the people who are getting searched and seized are the accused (.In order to do the search – we need a warrant from the court .(נאשם/חשוד

Amendment #5 Pre-Trial Interrogation .We are still talking about the accused .(הליך הוגן) and due process of law ,זכות השתיקה

Amendment #6 Trial RightsIn 1791 it was בלתי נתפס. Unconceivable.It was revolutionary and radical

Amendment #8 PunishmentAmendments #4-#8 are about the accused

16.05.17Lesson 7

The quiz has been postponed to june 6, and the last one was postponed to june 27. These are the new dates for the quiz.

Now we are going to concentrate on tort and contracts. The test will be on one of the .תחומים – חוקתי, חוזים נזיקין

What are the 3 broad categories of tort?1. Negligence (70%)2. Strict liability -אחריות מוחלטת – where the defendant is going to be held by a strict

standard. For example – if I bought a new Mazda car, and took it to the Golan, on my way home back from the mountain I couldn't slow down (brakes are defective) – and the teacher hits a tree. The car is smashed ant the teacher is a mess.I do not have to start probing how the car company fucked up – only that I got hurt. The regular plaintiff can't know how the defect was created – there I no way I can prove it, so the law says that the car manufacture will be hold by a very high standard

3. Intentional - בכוונה. Sometimes I'm just mean – and these cases are close to the criminal cases. A close example is defamation (לשון הרע).

most of the cases are of negligence. The burden of proof is more than 50% - and the case is won. We have to prove the following elements of a case in negligence:1. Duty of care2. Brach of duty3. Causation (קשר סיבתי)4. DamageWe need all of these elements.

Strict liability is the easiest one to prove. The intentional tort is the hardest to prove. Negelence is between them in the easiness of proof.

The duty of care can come from a statue (חוקים), case law (תקדים), relationship (יחסים).For example – Ori had terrible problems with his teeth – he cannot sue Ann for it, BUT if he tried to get an appointment, and Ann didn't pay attention to him (she's a doctor) – there is a relationship.Also, you can embark a duty by a contract/agreement. In a trip – the organized takes responsibility on him for the trip and for the participants.

Breach of duty – the reasonable man

Causation

Damage – נזק ולא פיצויים (not damages)

Hill v Chief Constable Guided

England is divided by criminal and civilPyramid of the civil court in EnglandHouse of lords (supreme court)Court of appealHigh (middle)county (low)

In order to find the answer – I need to look at the catch words: negligence, duty to take care. The catch works מילות מפתח will help me to determine on what the case will talk about.

Substantive facts – S.F – היו היה (light blue)Procedural facts – מה קרה במערכת משפט (light green). There is a cause of action/legal theory/cause of claim – and the statue is the cause of action – the police acts which says you can sue the police for some actions (עילת תביעה)Arguments – טענות הצדדים (yellow) (the word contend) and the issueLaw And Authority – כלים ואסמכתא – (grey color)the judges use of the law and תקדים – (Red Color)

Pyramid of the procedural facts:

2.Court of appeal – Hill is the Appellant, and the police is now called respondent – case dismissed.1.Hill Administratrix Plaintiff (מנהלת העיזבון) and the Police – lower court. The result – case dismissed

The case was dismissed in the lower curt cause there were no relations between the police and the deceased.

The case homework questions:1.The way the issue is asked has a big indication on the answer.3."this court" means the last appeal in the text4."I agree with the judgment" – true5.ture – and the court upheld the strike (dismissed again – the police won 3 times)Question 1-5 is just feeling away through the procedure.7.the ratio is the actual answer that the court gives to the questions, this is the actual thought process with the facts – it’s the judges logic.8.various economic and policy reasoning.9.at the very end – court of appeal affirmed.12. dorset really goes against the ultimate result – this is the main case the plaintiff uses.

No quiz next week – only read and prepare. The next quiz will be an אנסין

23.05.17

Lesson 8 – Tort LawThe next unseen might be on Tort. We will be very prepared. We will look on terms in tort, and then we will give tips for the test.

The categories of tort law are negligence, strict liability and intentional tort. NegligenceElements of a negligence cause of action:Duty – חובה.Breach of dutyהפרת חובהCausation קשר סיבתיDamage נזק

Page v. SmithIn this case, the judges brought up that that there is a problem with the causation.Also – what is the scope of the duty? What is it reasonable to foresee and to prevent?You need to prove all the elements.

The level of proof – Preponderance of the evidence – לכל אחד 50%הוכחה מעלה .מהרכיבים, מעל מאזן ההסתברויות

Where do we see in life this cause of action?Medical Negligence, Car Accidents, Product Liability (problem with china), other professionals (the other layers, the investment advisors)

Duty of care – חובת זהירות StatueRelationshipLegal precedentIndustry Custom – בדיקת הנורמות בהתאם למקצועAgreement between the partiesVicarious Liability – אחריות שילוחית. If the pizza kid stole my phone – I will sue pizza hut!

Breach of duty of carr – הפרת חובת זהירות We will have to prove that the defendant did not hold his side of the duty – the reasonable man – האדם הסביר. The Hand Formula – you breached the duty if B<PL ( לרל הנד – הוצאת אמצעים סבירים(למניעת התאונהB – Burden of adequate protectionsP – Probability of accident of mishapL – Loss or injury

Page v. SmithThe מילות מפתח are very helpful in the beginning.First, he have a summery, and it start with substantive facts (היו היה). Then we have the procedural facts.

Pyramid of procedural Facts – The Cause of action (c.o.a – עילת התביעה) was negligence.

H.O.L (house of lords) – Page is the appellant, and smith is the respondent. Page won and smith lost.Ct. of appeal – appellant is smith, as respondent is page. The appellant wonHigh Court (non relevant)County Ct. (lowest) Plaintiff – Page V. Defendant – Smith. The plaintiff wonצריך לשים לב למי התובע והנתבע בשאלה – זה יכול להיות טריקי.כדאי במבחן לעשות את הפירמידה שאן עושה

For some reason – they put theמיעוט first!דעת המיעוט – צריך לצפות הכל. דעת המיעוט – זה מגוחך! אם נגרום לו להיות אחראי על .דכאון עקב שבירת אצבע, זה יהיה מגוחך! האזרח ישלם

Question 1 – the half of the first paragraphQuestion 2 – as in the textQuestion 3 – do we have to prove that the shock was foreseeable? Or any kind of injury?

" – זה צריך להיות קצר 3במבחן ניתן לצטט מהפסק דין – אבל אסור לכתוב "ראה פסקה ולענייןQuestion 4 – it needs to be immediate, and it must be a real illness!Question 5 – when we see a listing – we should get a marker. There are primary victims and secondary victim like witness.Question 6 – both cases was secondary victims, but they are different in the result because of the victim proximity.Question 7 – this is dealing with התייחסות – pronouns. Does the plaintiff need to prove that it was foreseeable? He gives other cases to prove that we should not place the burden of proof on the defendant but on the plaintiff.Question 8 – the first case says you got to prove nervous shock, and then he gets even farther to show that the plaintiff need to show the foreseeabilityQuestion 9 – Ex post facto according to the dissent – דעת המיעוט..צריך מאוד להיזהר עם התשובה – לדעת על איזה דעה מדבריםכל פעם שאנו רואים פסק דין בקייס – אנו צריכים לדעת מי זכה ולמהQuestion 13 – The plaintiff was a participant – in the accidents, but nevertheless he did not suffer ANY physical injury. It's a bizarre and weird case. It had the psychiatric component without the physical one.Question 14 – Defendant, Plaintiff and Defendant. If you can recover the money – I win.(the correct approach was the first court – the judge in the lower courts are called judges, then lords and then justices – that’s how we now from which court is the judge from)Question 17 – The answer is no. the judge is using rhetorical questions and answer. When he phrases the questions, he uses absurdity. It calls for no answer. Any other conclusion is ridicules!

After שבועות we are going to have an unseen text. We are going to read one of the 3 text (one she will give us).

We are going take the text – and we should look for the legal topic, the main arguments and identify the supporting detail – facts, data. Cases. Constitutional primary materials, statues, academic text and writer conclusion.After 15 minutes – WE MUST START THE QUESTIONS.15 minutes – identify, then right to the question. It will be a מאמר and not פסק דין. We need to read all the questions – and use a dictionary to understand every word in the question.

The test is 1 and a half court.The article won't be 12 pages.Read the text for no more than 15 minutes, and then start answering.First – read the title and under title. Then the first paragraph of every under title.

If I'm stuck on a question for 3 minutes, skip it and go to the next question!

Bring both the milonit and the book. Silence the milonit. We can bring a legal dictionary.

20.06.17Lesson 9 – Contracts Law

Not all agreements re contracts. Who decides whether I am in a contract or an agreement? The Courts!

The more clear the contract is – the more likely it to be a contract.

If there is a contract – we will get More MoneyIf I am in a contract – I will be able to get enforcement and money.

In contract law this is no good/bad guy – the parties wants to work for their living. If we have a good contract, and its easy to make contracts – there will be investors, and it will be good for the country. The country wants to attract people in.

agrements

contracts

Courts enforcementMoney

Elements of Breach of Contract4 elements that the plaintiff need to prove:1. The existence of a binding contract (it doesn't have to be written, but it will help for the

probing process)2. she performed her duties or had a legal excuse – "אני עשיתי את שלי"3. The plaintiff did not do his – he breached – אני עשיתי את שלי והוא לא עשה את שלו4. The fact that he did not perform his part – caused me harm – נזק משמעותי.

The burden of proof (חובת ההוכחה) – 50%+

The existence of a binding contractYou need to prove Offer + Acceptance + Consideration (הצעה + קיבול + תמורה) = חוזה.

In white and carter case, we have an advertisement company and a garage. They had a contract, and the ad company said it wants to extend the contract. Then 3 hours later, after the acceptance, they decide to cancel.The ad company should have negotiated, or to find another costumer – and maybe sue.

The best Remedy (סעד) – is Expectation Damages – Contract price – פיצויי צפייה. This gives all the damaged. This is the best remedy you can get.The second best remedy – Reliance – הסתכמות – the contract doesn't look really that goof/finale, but we will still give you something (the "damages") – זה מעין השבהThe Third is Unjust Enrichment - restitution – השבה למניעת התעשרות שלא במשפט. There is no real contract – but you should give the unjust enrichment you got.

When I give a gift – its not a contract (in Israel it’s a different law – but this is how they this about it in the world) – בארצות העולם אין חוזה מתנה, לא כמו בישראל. מתנה זה מתנה ולא .חוזה

In unjust enrichment – there is not even a promise. Someone just gives a promise. The unjust enrichment is a theory where there is no promise – someone gave something to a side לא בצדק.

Common Contract Clauses – סעיפי חוק נפוצים בחוזים . The Legal English will most probably be used here1. Choice of law clause – אם יש לנו מחלוקת, החוק של ניו יורק הוא תקף. מותר לנו להגדיר

איזה חוק יחול2. Arbitration Clause – אם יש לנו מחלוקת, נלך קודם לבוררות. השופטים תמיד ינסו לאכוף

.זאת3. Liquidated Damages Clause – פיצויים מוסכמים. אנו מגדירים נוסחה לפיצויים.4. Penalty Clause – עונש בחוזה5. Forfeiture Clause – אם אתה עושה משהו שאנו לא אוהבים בחוזה, אנו מסכימים שלא

תקבל הטבה שהיית אמור לקבל. אם תעזוב אותנו ותגנוב את אחד מלקוחותינו - אתה על משהותוותר

6. Acceleration Clause – החודשים הבאים6 תשלומים – עלייך לשלם על 2אם אתה מפספס .מראש. עושים את זה במשכנתא

7. Indemnification Clause – שיפוי. אם תובעים אותנו – אתה תשלם על כך.8. Non- competition clause – מניעת מעבר עובדים9. Non disclosure clause – סודיות

Anticipated Contracts: Room for Agreement (HW)People try to make a deal, they throw dated contracts, and meanwhile they performing. One person is delivering and the other person is accepting. Then one side says he is pulling out.How should we take care of it? Do the courts need to try to force a contract? Alternatively, we should not.In this kind of cases – there was not even a promise. Should we force a contract?1. This is question 1 – forcing or not forcing a contract

Then the text continuous and talks about prior cases.It is not clear which theory of recovery we are going to choose.

2. In the end – what did the courts below found? That the contract arose, the appeal found the opposite. We are going to give him back more than what he deserves.

Muller's case – supports contract (from the word – "it must be doubted"). If it puts doubt on the other on – this one is contract.

3. The writer preferred Contract! If someone is delivering something, it looks like a contract. Why are we going for the secondary relief?

4. A – written in the text.

5. It is the queen of a restitution case. I need to understand from which side I am coming from. From British or Cleveland? I am representing Cleveland, which does not want to pay.Cleveland is the defendant. "It may be argued that the party was taking a risk – and deserve no sympathy"

6. Following/rely = הסתמכות על פסק דין. Both of those cases are about on unjust enrichment. B

7. ---

8. If the contract has been performed – and the parties are doing their part – there is a contract. I will be unrealistic to say that there was no intention. If the parties are performing the contracts – it is hard to show that there is no contract. The court should preserve a bargain.

9. The Supreme Court.

10. Squabbling = argument. On what are they fighting? RTS wanted the liquidated damages, and Muller did not.

11. Are we in the contract sphere? Once we are in a contract – what are the terms of the contract? There are two stands: 1. cherry picking the terms of the contracts. 2. All or nothing approach. The former is Cherry Picked. The second approach is all or nothing.

Ann is going to publish the answers.Homework: Measure of damages – 163-167 (173-177 in the pdf).The test will be next week on contracts.