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IBL year 3 - Legal English (Common Business Law) Summary (Made by Amy Diemer) $3.77
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IBL year 3 - Legal English (Common Business Law) Summary (Made by Amy Diemer)
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  • Course
  • Business Law (IBLENG14R3LEGAL)
  • Institution
  • Hogeschool Rotterdam (HR)

Summary Legal English (Common Business Law) IBL year 3, semester 2, block 4 Includes all legal English terms needed for the EN business law exam. - Introduction – Legal Traditions - Latin Roots (selected terms still used in Common Law) - Common Vocabulary in English Common Law - Company Law (U...

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  • June 16, 2018
  • 19
  • 2017/2018
  • Summary

Subjects

  • legal english
  • legal
  • english
  • law
  • common law
  • rbs
  • ibl
  • year 3
  • ibleng14r3 legal
  • international business and languages
  • summary
  • samenvatting

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  • Hogeschool Rotterdam (HR)
  • International Business and Languages
  • Business Law (IBLENG14R3LEGAL)
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Exam in Block 4 (exam week)

 40 multile choice + 25 true/faalee
 general knowledge queetone + oien queetone (common law thinking)
 Latn terme with matching meaning

 this system of law has a more inquisitorial approach to fnning out the truth? Which law
system is it? > civil law
 Which countries/regions are basen on common law? > Canana, Australia, USA
 Which form of law uses precenents? > Common law



Block 3 - Week 1 (Common Law & General Intro)

Englieh common law ie baeed on Anglo Saxon traditone arom Euroie (roman infuence)) that then moved
to ‘Anglia’ (England).

Infuencee arom En via the Normal oonqueet 106666 (conqueet oa England by French eoldiere) under the
command oa Normal king Willem II) later named ae Willem the conqueror). Infuencee arom the Magna
oarta (1215)) a document about areedom) rulee and juriedicton) eigned by King John oa England.


Precedent = a eet oa rulee/firinciilee eetabliehed in iaet legal caeee that are binding or iereuaeive in
court.

Statue = a aormal writen enactment that governe a etate/fcity /fcountry .

Case law ie eimilar to a common law eituaton > they look at irevioue caeee/f irecedente.



Sy eteme oa law

 oommon Law (criminal and civil)
 oivil Law
 Sharia Law
 Bi judicial Law


Common Law Civil Law
In Common law, the people who tell what the law is In oivil law) the ieoile who tell ue what the
are the practitioners and judges. law ie are the acanemics and universites.
The laws are made by the government and the
people. Academice go aor logic) ey eteme) theory and
etructure  they are system builners.
Common law lawyers are practtoners, they look for
the problems and they try to fnd the right remedies.  oivil law ie Baeed on fxed codee and etatuee.
they are problem solvers.
oivil law aorme the baeee oa moet ey eteme.
Based on actvely developing rules Lawe made by government.

Judges in the Common Law system can make
decisions on legal mater where no statues exist,

, they act upon precedents. What happened before
in previous situatonss

Common Law Civil Law Sharia Law Bi-judicial
UK, USA NL Sauni-Arabia Scotlann
Canana Italy Pakistan South-Africa
Australia France Libya Cyprus
Singapore Spain
Nigeria Portugal
Innia Polann
Irelann (entre EU)




Ad Hoc aormed) arranged or done only aor a iartcular iurioee (“aor thie”)

Pro rata iroiortonal to a rate (2% ier y ear...)) according to the rate oa eomething

Pro-forma ae a mater oa aorm or ioliteneee

Pro-bono aor aree) on a aree baee

De facto in aact) in reality ) whether by right or not

Quorum the minimum number oa membere to make the meetng valid

V; et al vereue & and othere

Ultra-vires bey ond one’e legal iower or authority

Inter alia among other thinge

Per annum aor each y ear

Per se by or in iteela or themeelvee

I.e. That ie (to eay )

Etc. and other eimilar thinge

Ipso facto by that very aact/f by defniton... it ehall do thie...

Sui juris having aull legal caiacity to act on one’e own behala) oa age

Viz. namely ) in other worde

Sic; thue wae it writen



Eeeental vocabulary aor common law:

Precedent/f Arbitraton /f Quaeh /f Plainti /f Levy /f Moton
Warrant /f Deaendant /f Writ /f Subioena /f Summone /f Litgaton /f Liability /f Negligence/f
Grievance /f The Aggrieved Party

, Block 3- Week 2 and 3 (Common Law & General
Intro)

How was common-law sprean arounn the worln?  ooloniee

oaee law meane making legal decieione baeed on irecedent rulinge/fcaeee/fdecieione.
Ia no ruling on a legal ieeue hae been made) it can be eaid that there ie no irecedent.


Adversarial approach > common law (2 iartee aiioeing) both diierent iereiectvee) they ireeent
their argumente)

Inquisitorial approach > civil law (judge ie more involved with aeking queetone about what
haiiened and how)


How many EN worns can you think of for the role lawyer?  reireeentatve) legal entty ) atorney )
eolicitor) advocate) barrieter


Quash = to end) eet aeide) or to make void) crueh. Ia the moton ie denied) than the moton can be
quaehed.

Arbitraton = the eubmieeion oa a mater to an imiartal (third) iereon choeen by the iartee.

Levy = to raiee) collect or eeize by legal iroceee) e.g. taking and eelling iroierty to collect money .
(ueually a eherii/fmarehal)

Moton = An oral or writen requeet made by a iarty to the court aor a ruling or an order on a
iartcular ioint.

Plaintf = the iarty who makee the inital comilaint in a laweuit.

Warrant = A writen order/fdirectve ieeuee and eigned by a judicial ofcer directng a ieace ofcer to
do eomething. It ie a warrant oa arreet ieeuee by a judge while on the bench or in court) ueually ae a
reeult oa aailure to aiiear ae ordered.

Defendant = The accueed iereon or iarty ) the iereon named ae the wrongdoer in a civil or criminal
acton.

Writ = A writen order or directve ieeued by a court commanding that certain acton be taken. A writ
may be addreeeed to a law ofcer aor enaorcement or may be given directly to the iereon ordered to
take the acton.

Subpoena = a writen order comielling a iereon to aiiear and give teetmony at a eiecial tme and
ilace.

Summons = A notce to a deaendant that an acton hae been fled and that a judgement will be
entered ehould the deaendant aail to anewer the comilaint with the etatutory tme limit.

Testmony = to irovide evidence.

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