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Summary Legal English 3
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Summary of Legal English 3, including all solutions and glossary.
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Unit 10: Comparative lawLegal English III
Unit 6: Commercial Law
THE STUDY OF LAW
Reading 1: Commercial Law
What to know? Full text: content + vocabulary
Read the text below and decide whether these statements are true or false.
1. Commercial Law is a general term for a number of diverse areas of the law which regulate trade
and commerce True
2. Contentious work includes the drafting of contracts and advising clients False, non-contentious
work includes these things
3. The Uniform Commercial Code applies to commercial transactions in all of the member nations of
the European Union False, the UCC applies to the USA not the EU
4. The World Trade Organisation checks to see if countries follow the trade agreements, they have
signed True
Glossary on page 60
English word Dutch word Definition
Commercial Law Handelsrecht Body of law governing the relationships between
persons engaged in business
Private Law Privaat recht Body of law that is concerned with the aspects of
relationships between individuals that are not direct
concern to the state and in which the government is
not directly concerned. It includes the law of property
and of trusts, family law, the law of contracts and the
law of trots
Public Law Publiek recht Body of laws that deals with the relationship between
the state and individuals. Examples may include
constitutional law, criminal law, tax law and
administrative law
Jurisprudence Geheel van uitspraken Science or philosophy of law, study of the legal systems
door de rechters and a collective term used for the body of case law
Agency Law Agentschap Law regarding the relationship where one person (the
agent) acts and is authorised to act for another (the
principal)
Bankruptcy Law Faillissement Law regarding a legal procedure for the settling of debts
of individuals or businesses unable to pay what they
owe. All their property is surrendered to a court-
appointed official who liquidates the property to pay
the claims of creditors
Carriage of Goederenvervoer Field concerned with the legal relationships between
goods the shipper of the goods, the carrier and the receiver of
goods
Competition Law Mededingingsrecht Body of law that regulates business activities and
markets, especially agreements and practices that limit
competition
Debitor & Schuldenaar en Law in regards to financial obligations and legal
creditor Law schuldeiser interactions where one party is unable to pay monetary
debt to another. It may include insolvency, bankruptcy,
foreclosures and repossessions.
1
,Unit 10: Comparative law
Intellectual Intellectuele Law of property that protects legal rights associated
property Law eigendommen with products of the mind, creativity or though like
copyrights, patents and tradeamarks
Landlord & Verhuurder en huurder Includes both contract and property law, and governs
tenant Law the commercial and residential property rights and
obligations of an owner ad renter of a real property
interest for given period of time, usually determined by
a lease
Mercantile Handelsagentschap Institution which deals with the supply of credit
agency information about business organisations to other
businesses and financial institutions
Mortgages Hypotheek Transfer of legal title of a property, often land, to
another as security for payment of a debt
Negotiable Verhandelbare Written and signed documents which represent an
instruments instrumenten intangible right of payment for a specified sum of
money on demand or at a defined time. Some examples
are bills of exchange, promissory notes, bank cheques
or certificates of deposit
Secured Beveiligde transacties Loans of credit transactions in which the lender
transactions acquires a security interest in certain property owned
by the borrower and has the right to repossess the
property if the borrower can not
Real property Onroerende goederen Law associated with the obligations, use and rights of
Law ownership of land or whatever is growing on it or built
on it
Tax Law Belastingsrecht Law regulating rates and sums of money which may be
assessed on personal and business income, real
property values, and commercial transactions paid for
the financial support of the government
Commercial Commerciele Dealings and acts of carrying out of commercial
transactions verhandelingen functions including procedures of creation,
transformation, agreements and exchanges, in
conducting and negotiating business and economic
activities
Substantive aw Materieel recht Body of law defining rights, duties and obligations and
all matters that are not procedural
Non-contentious Onomstreden werk Work that largely involves advising clients and is not
work between contenting parties, such as the drafting of
contracts
Contentious Omstreden werk Struggle or effort, causing, involving or characterised by
work argument or controversy pertaining to causes between
opposing parties. It commonly involves the
consequences of breach of contract and also maybe be
known as litigation
Civil codes Burgerlijk wetboek Set of laws in written or formulation used in civil-law
systems developed from Roman Law and used in many
European countries
Legislatures Legislatuur/ Selected body of people, usually elected, invested with
Regeerperiode the responsibility and power to make and repeal laws
for a political unit, such as a state of nation. Congress
and Parliament are legislatures
Trade Handelovereenkomsten Treaty or enforceable arrangement between two
agreements nations or multi-nations committing them to specified
2
, Unit 10: Comparative law
terms of commerce, usually involving mutually
beneficial concessions including eliminating trade
barriers
Ratified (To Bekrachtigen van een To adopt, approve and sanction; to make valid; to
ratify) verdrag establish; to settle or affirm by express or implied
consent to something done by an agent or servant; as,
to ratify an agreement, treaty or contract. To ratify a
nomination
Key terms: Field, institutions and concepts in commercial Law
Look at the area of activity in commercial law mentioned in the first paragraph of the text above and
answer these questions.
1. Which fields deals with the legal rights associated with products of the mind, such as patent,
copyrights and trademarks Intellectual property
2. Which field involves the laws and regulations governing market behaviour, particularly agreements
and practices that restrict free enterprise? Competition law
3. Which institution deals with the supply of credit information about business organisations to other
businesses and financial institutions? Mercantile agency
4. Which field is concerned with the legal relationship between the shipper of goods, the carrier and
the receiver of goods? Carriage of goods
5. Which field focuses on the laws regulating money paid to the government in connection with
commercial transactions Tax Law
Choose the correct word or phrase to complete these definitions
1. Agency is the term for the relationship of a person who acts on behalf of another person, known as
the principal.
2. Bankruptcy is when someone cannot pay what they owe, and all their property is surrendered to a
court-appointed person who liquidates the property to pay the claims of creditors.
3. A secured transaction is a loan or credit transaction in which the lender acquires a security interest
in certain property owned by the borrower and has the right to repossess the property if the
borrower cannot pay.
4. Negotiable instruments are document which represent a right of payment for a specified sum of
money on demand or at a defined time.
Language use: Adverb functions
Adverbs are often used to describe the action expressed by the verb. We distinguish adverbs of time (e.g.
often, usually) and adverbs of manner, which describe how an action is carried out (slowly, carefully).
Adverbs can also be used to qualify adjectives (e.g. particularly interesting).
Underline the adverbs in the sentences below from listening 1 and then decide which function the
adverbs have. a) describing time of action b) describing manner of action c) qualifying an adjective
1. He’s currently undertaking a Master’s of e-Law at Monash University describing time of action
2. There’s something about the challenge of taking a complex commercial transaction and expressing
it clearly and concisely that really appeals to me describing manner of action
3. I also had to write patent drafts, which are incredibly detailed descriptions of the inventions in
precise legal terms qualifying an adjective
4. It was interesting, although at times extremely difficult and demanding qualifying an adjective
5. But I quickly realised that what I liked best was working closely with the other lawyers on litigation,
defending or enforcing patents describing manner of action
6. I usually spend most of the day reviewing documents, drafting agreements, meeting with the
clients and, of course, answering emails describing time of action
3
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