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Legal English Summary (FULL)
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LEGAL ENGLISHCHAPTER 1: INTRODUCTION TO LEGAL ENGLISH
1. COMMON VS CIVIL LAW
CIVIL LAW (law system) COMMON LAW (actual body of law)
French, Dutch, German, Spanish or British colonies or protectorates, including
Where?
Portuguese colonies or protectorates,
the United States.
including much of Central and South
America.
Protectorates = protecting other
countries
Ex: commonwealth
Most of the Central and Eastern
European and East Asian countries also
follow a civil law structure.
A written constitution based Not always written constitution or
Specific features?
on specific codes. codified (= systemized/methodized)
Legislative enactments = laws ( no codex)
binding(definitive) for all Judicial decisions = binding
Judge-made law: in theory no, If law does not expressly prohibit it,
in practice yes you can do it less prescriptive.
Legislation and administrative Less prescriptive
acts need to stay consistent.
More prescriptive
A codified system of law, that Legal system which is the foundation of the
Definition?
originates from Roman law, which is legal systems of most of the English-speaking
established by a state for its regulation countries of the world, based on customs,
and is concerned with non-criminal usage, and court decisions.
matters, rights, and remedies.
Also called: case law, judge made law.
= napoleon
Less freedom of contract: many Freedom of contract: few provisions are
Contracts?
provisions complied into a contract by implied.
law BUT operation of law can solve
inadequacies or ambiguities. Everything needs to be described.
Shorter contracts Longer contract
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Amber Fiers Legal English
,VOCABULARY
WORD MEANING MEANING TRANSLATION
Inadequacies You’re not capable Economic growth is Tekortkomingen
hindered by the
inadequacies of the public
transport system.
Common law Legal rules that There is no statutory Gemeen recht
come from court definition of "occupier”, so
decisions it is necessary to turn to
common law.
Civil law Law that applies to Thailand's legal system is Burgerlijk recht
private rights based on civil law, so the
case may not be treated as
a precedent by other
bankruptcy judges.
Judge-made law Is law that has Recht van de rechter,
developed from gebaseerd op een
judgments handed interpreatie of een
down in court beslissing v/e rechter
Criminal law Strafwetgeving
Case law law based on Jurisprudentie
decisions that have
been made by
judges in the past
Penal law Strafrecht
NOUN ADJECTIVE VERB SENTENCE TRANSLATION
Legislation Legislative Legislate New legislation offers a tax break Wetgeving
for young families.
Prohibition (not Prohibitive Prohibit New York City has announced a Verbod
allowed) prohibition on smoking on buses.
Enactment Enacted Enact It is not appropriate for a judge to Besluit
comment on perceived
inadequacies of a legislative
enactment.
Constitution = basic Constituted Constitute Britain has no written constitution. Grondwet
law that countries
have
Codex Codified Codify
Provision Provided Provide We have inserted certain Bepalingen
provisions into the treaty to
Synonym: stipulation
safeguard foreign workers.
Inadequacy Inadequate
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Amber Fiers Legal English
, Nullification Nullified Nullify The state death penalty law was Nietig verklaard
nullified in 1977.
Prescription Prescriptive Prescribe The company’s reorganization
could be a prescription for disaster.
Government Governed Governing The government is spending
millions of dollars in its attempt to
combat drug abuse.
Precedent Precede There are several precedents for Precedenten;
promoting people who don't have Besluit van
formal qualifications. vroeger waarop
iem. zich kan
beroepen
Criminal case vs civil case
1. Fill in the grap: ‘First of all, a bit of nomenclature1
2. What kind of evidence is necessary to get guilt in?
a. A criminal case; beyond a reasonable doubt (96%) - quilty
b. A civil case; preponderance of evidence (51%) – liability = aansprakelijkheid =
kunnen geld vragen
3. What is the relevance of the OJ Simpson case with regards to kind of evidence?
The lawyers succeeded in introducing reasonable doubt, so he was not convicted of a criminal case,
but he was found liable in a civil case.
4. Why is there a difference in the percentage of certainty needed in civil vs criminal case? Never put
someone in jail
The stakes are different (prison vs damages)
5. What is the difference between murder and wrongful death?
Murder criminal issue; guilty
Wrongful death (= sister on civil seath): not guilty on criminal side but liable
Murder is criminal, wrongful death is civil.
6. Why did Oj Simpson move?
Because of a statute in Florida that states you can only take someone’s money, but not their house.
Damages (compensation)
damage
2. EUROPE VS BELGIUM
2.1 THE EUROPEAN UNION
ADVERBE VERB ADJECTIVE MEANING TRANSLATION
Substantially Substantial There are substantial Wezenlijk, degelijk
bodies of European
law in areas such as
contracts, business
law, labour law,..
Supremely Supreme EU law is supreme Opperste,
over the national law oppermachtig
of EU member
countries
1
Synoniem: jargon = specific setted wordt just in specific study
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Amber Fiers Legal English
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