: 220106

(English for Lawyers)

2554


220106


5 1 2

3
4
5
Statement of purpose

24 2554




220106

(English for lawyers)

2 (2-0-4)

1.
400
2.

3.

/

1-2 The Fundamental observations of 4 Lecture
legal English in the legal context Group Discussion
Pre and post test
3-5 Basic legal vocabulary through 6 Lecture
various law contexts Reading comprehension
Self-Study
Discussion
Pre and post test
6-7 The concept of juristic acts and 4 Lecture
 contract law of Thailand including Group Discussion
vocabulary on juristic acts and Peer review
contract law Pre and post test
8-9 The model form of contract and the 4 Lecture
specific types of contract Self-study
Translation Practice
10-12 The categories of crime and the 6 Lecture
concept of criminal law of Thailand Problem-based learning
including vocabulary on criminal Pre and post test
law
13-16 Practicing writing how to write 8 Lecture
statement of purpose and Writing Practice
curriculum vitae Self-study
32

()
(1) 4, 6, 10, 14 40
(2) 16 60
 Chapter 1 Introduction to English for Legal Profession
1

(The Objective of Study)

(Content)
2
(The Importance of English for Law Students)
(The Fundamental Observation of Legal English in the
Legal Context)

(Activities and Teaching Methodology)

1. (Group Discussion and Presentation)
2. (Lecture)

(Teaching Equipment)
1.
2. Power Point Presentation

(The Assessment)
1. (Pre-Test and Post-Test)
2. (Peer Review Discussion)
 Content

Page
Chapter 1 Introduction to English for legal Profession 1
1.1 Pre-test 2
1.1 The Importance of English for Law Students 3
1.2 The Fundamental observation of legal English in the legal context 4
1.3 Review Exercises 13
1.4 References 15

Chapter 2 Basic legal vocabulary 16

2.1 Pre-test 17
2.2 Basic Legal Vocabulary 18
2.3 Learning the definition of law 18
2.4 Compare the word of law, legal, legally, legitimate and legality 19
2.5 Legal profession words 23
2.6 Twenty important legal organizations 24
2.6 The classification of the types of law 25
2.7 Diagram Hierarchy of law in Thailand 26
2.8 The introductory comparison between Common law and Civil law 27
2.8 Glossary of basic legal vocabulary 28
2.9 Review exercises 42
2.10 References 48

Chapter 3 Juristic acts and contract law of Thailand 49

3.1 Pre-test 50
3.2 Fundamental concept of juristic acts and contract law 52
3.3 The validity of juristic acts 55
3.4 Contract 57
3.5 Deposit and Penalty 59
3.6 Breach of contract 59
3.7 The Model form of contract 61
3.8 Power of attorney 63
3.9 Lease Agreement 64
3.10 The specific types of contract 68
3.11 Glossary of juristic acts and contract law 76
3.12 Review Exercises 90
3.13 References 92

Chapter 4 General concept of criminal law 93

4.1 Pre-test 94
4.2 What is crime? 96
4.3 Capital and continuous crime 96
4.4 The general concept of Thai criminal law 97
4.5 Mental states
99
4.6 Felonies and misdemeanors 101
4.7 Criminal punishment 101
4.8 Criminal activity and criminal liability 102
4.9 The classification of criminal offences 103
4.10 The outcome of a criminal case 105
4.11 Glossary of criminal law vocabulary 107
4.12 Review exercises 120
4.13 References 123

Chapter 5 Practice legal writing 124

5.1 Pre-test 125
5.2 What is curriculum vitae? 126
5.3 Examples of traditionally curriculum vitae 126
5.4 Examples of law students curriculum vitae 129
5.5 What is your statement of purpose? 133
5.6 Examples of statement of purpose 134
5.7 References 139

Bibliography 140
 Pre-test
(Chapter 1)

Please translate these sentences into Thai.

1. Law is an instrument to govern the society.
.
2. Studying law is to learn how to find out what the law says on particular point.
.......
3. If you have a legal problem, you should consult lawyer.
...
4. Social life would be impossible without law to control the way people treat each other.
...
5. We must begin to train lawyers the minute they walk into law school to tell the truth.
...
6. Legal provisions cover all aspects of life and human activities from birth to death.
.
7. The victim gave evidence in the court.
...
8. The jurors have been unable to return their verdict.
.
9. Many nations have imposed sanction on Iraq because of its attack on its own people.
.
10. He can prove himself as an innocent party.
.
11. Consideration is an inducement entering into contract.
.
12. She was sentenced to five years imprisonment.
.
 Chapter 1 Introduction to English for legal Profession
1

The Importance of English for Law Students

There is a classical maxim that Ubi Societas, ibi jus which is latin and means law is
an instrument to govern the society. From this maxim, it could be said that legal provisions
cover all aspects of life and human activities from birth to death. Law pervades our lives. If one
society has an absence of operational legal system efficiently, terrible injustices will occur to the
vulnerable members of a society. As the world becomes smaller, it is inevitable that lawyers to
gain more knowledge and speak not only about Thai law in Thai. Modern and Innovative lawyers
should speak Legal English when there are foreign clients asking them for legal advice.
Therefore, the idea of studying law at university is an exciting and challenging prospect.

When you begin your Legal English Studies, the first obstacle is how to understand both
normal and legal terms. Therefore, using good bilingual dictionaries along with legal dictionaries
is necessary. The second obstacle is the understanding of Fundamental English. It is always true
that each student has different levels of English language. In a class, we have not only legal
students who have excellent English skills but also legal students who have a little basic
understanding of general English.

It is true that every law student will encounter an unfamiliar legal term. One way you can
overcome this problem is to make a serious effort to learn new vocabulary using context clues
the words and sentences which surround an unfamiliar word. 1For example take the word victim.
The victim gave evidence in the court.

The context clue in looking up the meaning of the word is the common word court,
referring to a law court.

1
Available at www.bangkokpost.com [Accessed 23 March 2007]
 Before moving to the next part of this chapter, doing a law degree, there are three
suggestions in particular. First, you learn how to find out what the law says on a particular point.
Even if you do not know the answer of the question, the fact that you have done a law degree
should have given you sufficient skills to enable you to find out what the law says on this issue.2
The second thing is to learn what the law actually says on a variety of points and issues.3 During
four years of legal study, you will not cover all Thai law in your studies but the most important
areas of law will come across in your class. Last but not least, doing a law degree will develop
your view as to what the law should say. It is about the role of law in our community because
laws play a fundamental role in shaping society.

The fundamental observation of legal English in the legal context

(legal context)

4 3

1. Legal English is not plain English. Law students will encounter many seemingly
simple words the meaning of which are greatly different from the common meaning.

(General English)

2
MC.BRIDE, N.J., 2007. Letters to a law student. Essex : Pearson Education Limited, P.1

3
Ibid. P.1
4
, ,
2552, , 67-71.

Consideration (Noun)
1. to spend time thinking about a possibility or making decision5
Before reaching judgment, judges should exercise careful consideration.

2. an inducement for people to enter into a contract

Consideration is an inducement for someone entering into contract.

consideration

Party (Noun)
1. a political organization that you can vote for in elections
The Democratic and Republican are two main parties in the United States.
2 Democrat Republican
What is the Democrat partys6 policy on immigration?
Democrat

2. a social event at which people meet in order to celebrate something or have fun7
Shall I go out for a party tonight?

5
Cambridge Advanced learners Dictionary. 2005. Second Edition. Cambridge University Press, Page 263

6
Democrat Party

7
MACMILLAN Essential Dictionary for learners of English. 2003. Page 524
3. persons or groups of people involving in legal agreement
a person directly interested in the subject matter of a case
a person or entity that enters into a contract
She can prove herself to be an innocent party.

party
(Contracting parties)

Sentence (Noun)
1. a group of words that usually contains a subject and verb
Your concluding sentence in this article is very good.

2. punishment ordered by a court for a person convicted of a crime

He is serving a life sentence for murder8.

Sentence

Fruit (Noun)
1. sweet-tasting part of a tree or bush which holds seeds and which can be eaten
Banana and pineapples are two instances of tropical fruits.

2. interest that gets from using property

8
, .. -, 3. :
, 2550, 582.
In legal sense, fruits of private property become common property owning by couples.

Fruit

2. In legal terms, some words have different meaning when we use in the context of civil
law and criminal law.

Security (Noun)
1. property that you give someone if you cannot pay back money you borrowed
- Security deposit is an amount of money that gives to landlord before you rent a house.

2. stock or share in a company9

-She used her share in the company as security against a 10 million baht loan.
10

3. the security of a country against enemies

-The train station will be closed for three hours because of a security alert.

Security (State
security)

9
See www.ldoceonline.com [Accessed 20 January 2009].
Warrant (Noun)
1. a legal document signed by a judge, allowing the police to take particular action
Search warrant is an official document which gives government officers the authority to search
a building which might help to solve a crime.

2. an official document giving someone the right to do something, for example buy share in a
company
The company issued share warrants to member shareholders.10

warrant search
warrant () arrest warrant () warrant

Fraud (Noun)
1. intentional deception resulting in injury to another11
Fraud is the crime of obtaining money or properties by deceiving people.

2. misrepresentation, concealment of a material fact

The essentials of a contract are as follows: mutual agreement; a legal consideration; absence of
fraud or duress; and a subject matter that is not against public policy.

10
, .. -, 680.
11
GIFIS, S.H., 1998. Barrons Dictionary of Legal Terms. 3rd ed. New York: Page 195.
 fraud

Accessory (Noun)
1. a piece of equipment or a decoration that is not necessary
Sunglasses are much more than a fashion accessory.

2. a person who aids or contributes to a crime as a subordinate

John was charged with being an accessory to murder.

3. a movable thing that serves a principal thing12

Unless agreed otherwise, a sale of the principal thing is sale of the accessory as well.

accessory

Capital (Noun)
1. a city which is the center of government of a country
Bangkok is the capital city of Thailand.

2. a large amount of money used for starting a new business

We have put two millions baht capital into the business.

12
TAN, D., 2008. A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd. Page 8.
3. a crime that can be punished by death13
In some countries, importing drugs is a capital offence.

capital

Penalty (Noun)
1. used as a punishment for criminal wrongdoing
In Thailand, The death penalty is the highest level of punishment for serious criminal acts.

2. compensation for damage which contractual parties agreed in advance14

The debtor promised to pay a sum of money as penalty in case he failed to perform15.

penalty

3. In legal terms, there are specific groups of words using together.

13
Cambridge Advanced learners Dictionary. 2005. Second Edition. Cambridge University Press, Page 177.

14
TAN, D., 2008. A Primer of Thai Business Law. Page 30.
15
, .. -, 460.

commit a crime
He has admitted to committing several crimes including murder with premeditation.

settle dispute
The aim of law is to settle dispute about what the law has been broken.

A court is a forum established by the government for the just and peaceful settlement of
disputes and the law enforcement.

law enforcement
The breakdown of law enforcement could lead to a fearful situation.

Every society needs a strong system of law enforcement.

reach verdict ( )
Before reaching a verdict, the jury leaves the courtroom, they talk over the case, make up their
minds whether someone is guilty or not guilty.

juror jury

(fact question)
The jurors reach a not guilty verdict.

impose sanction
Many nations have imposed sanction against the countries involved in the dispute.

The US imposed political and economic sanctions against Iraq for invading Kuwait.

Remember! Practicing as frequently as you can is the key to success for increasing your
English ability
 Review Exercises
Choose the best answer.
1. Law is an instrument to govern .. .
a. society b. social c. party d. verdict

2. The United Nations called on all . in the conflict to take a positive stance towards the
new peace initiative.
a. courts b. jurors c. parties d. fruits

3. Every society needs a strong system of law .

a. court b. enforcement c. dispute d. capital

4. The jury will reach final .. on Monday.

a. warrant b. security c. dispute d. verdict

5. The United Nations wanted to impose economic .. against the countries involved in
the armed conflict.
a. punishment b. policy c. sanction d. regulation

6. He sees himself as the innocent .. in this dispute

a. settlement b. enforcement c. party d. fruit

7. In the legal sense, a . from a thing can come in two forms, a natural or a legal . .
a. consideration b. fruit c. dispute d. warrant

8. We should have at least 2 millions baht as a . for starting a new business.

a. warrant b. capital c. consideration d. penalty

9. A is something of value given in return for performance of forming a contract.

a. security b. consideration c. dispute d. jury
10. .. is anything of value, promised to another when making a contract.
a. penalty b. consideration c. fruit d. capital

11. My fianc was .. three years in jail for violating probation.

a. settled b. imposed c. sentenced d. committed

12. is a deliberate misrepresentation which causes another person to suffer damages.

a. warrant b. fraud c. security d. party

13. The seller does . that they have legal authority to sell the property under the
condition of the contract.
a. warrant b. consideration c. policy d. accessory

14. Sometimes, there is no requirement that lawyers will be involved in the of

disputes.
a. enforcement b. crime c. settlement d. consideration

15. The national .. for countries is based largely on technical measures and operational
processes.
a. policy b. penalty c. dispute d. security

..
 References

. -. 3.
: , 2550.
. .
, , 2552.

Cambridge Advanced Learners Dictionary. Second Edition. Cambridge University Press, 2005.
GIFIS, S.H., Barrons Dictionary of Legal Terms. Third Edition. New York: Barrons
Educational Series, 1998.
MACMILLAN Essential Dictionary for Learners of English. Max Hueber Verlag, 2003.
MC.BRIDE, N.J., Letters to a Law Student. Essex: Pearson Education Limited, 2007.
TAN, D., A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd, 2008.

Websites
www.ldoceonline.com
www.bangkokpost.com
 Chapter 2 Basic legal vocabulary
2

(The Objective of Study)

120

(Noun) (Adjective)
(Adverb)

(Content)
(Family Words of
Law) (Legal Profession Words) (The
Categorization of Law) (Hierarchy of Law in Thailand)
(The
Introductory Comparison between Common Law and Civil Law)

(Activities and Teaching Methodology)

1. (Group Discussion )
2. (Lecture)
3. (Simple Writing Sentence Practice)

(Teaching Equipment)
1.
2. Power Point Presentation

(The Assessment)
1. (Pre-Test and Post-Test)
2. (Writing Practice)
 Pre-test (Chapter 2)
There are six words relating to legal terms, fill in the blank with the best word.

Law Legal Lawful

Legally Legality Legislative

1. How do people in Thai society make commitments that are binding?

2. Is abortion in Thailand?
3. What is the relationship between . and justice?
4. Children under eighteen are not .. allowed to vote.
5. All are equal before the .. .
6. The .. has the duties to make new laws or cancel laws.
7. She is his . wife.
8. The station can now broadcast .
9. By ., seatbelts must be fastened by all passengers.
10. You cannot start .. action if you do within the time limit prescribed by law.
11. We have sold the house and are waiting to complete all the .
12. Anna has been practicing .. for ten years.
13. .. is a body of rules of conduct prescribed by controlling authority and having binding
force.
14. You may wish to seek advice before signing a contract.
15. The judge concluded that the surveillance had been .. .
16. He is going to study . at university.
17. He is my . representatives.
18. Children under eighteen are not . allowed to buy cigarettes.
19. Sometimes people are put to death for breaking .
20. The European Community is an important .. authority in most European countries.
 Chapter 2 Basic legal vocabulary
2

The content of basic legal vocabulary is divided into four parts. These are learning
necessary legal words that law students should know and understand such as the word family of
law, legal profession words, the classification of law (Public and Private Law), hierarchy of
law in Thailand and the comparison of two main world legal systems (Common Law and Civil
Law)

The first part of the lesson is designed to build up the fundamentals of legal terminology
for law students. All basic words for a legal career will be included in this part.
The second part will discuss about the categorization of law about public law and private
law. The hierarchy of law will be illustrated in the next part. Moreover, the general concept of
common law and civil law will be analysed in the last part.

Learning the definition of Law

It is not easy to define what law is. If we look back to our life in secondary school, we
will know that there are things we are allowed to do and things we are not allowed to do.
Therefore, human always live together under the social regulations. From this perspective, we
can assume that law consists of a body of rules. Law regulates social conduct with a view to
enabling people to live peaceably in a well-ordered society. In practice, law must identify the
duties and powers of the government and individuals, as well as enforcing the duties and
regulating the exercise of power16.
There are many definitions about what law is. For example, laws are rules made by a
countrys leaders. (Positivist Theory) or law is the rule that enables human beings to live together
in peace. This rule is likely to be influenced by nature and the natural environment of the society
in which people live. (Natural Theory)

16
ASKEY,S., and MC.LEOD,I., 2007. Studying law. Macmillan, Page 2.
 In this class, I will define the meaning of law in two meanings. The first meaning is
called top down. When we talk about the top down, we mean law that is derived from
authority. To make it easy, law is the rule that defines by states to people. (States include an
authority or legislature.) Meanwhile, the second way is called bottom up. From this meaning,
law is derived from the customs of people in the community or society.

Compare the word law, legal, legally, legitimate and

legality

1. The difference between law and legal

- law (Noun) a body of rules of conduct prescribed by a controlling authority and having
binding force.

- legal (Adjective) of or relating to law, established, required, or permitted by law

law legal

The example of using law: law firm (), public law (

), private law (), law enforcement (), law school
(), the systems of law ()

The example of using legal: legal action (), legal English

(), legal mind (), legal sense (
), legal system (), legal profession (),
legal career (), legal advice (), legal opinion
(), legal excuse (), legal representative (
), legal maxim (), legal proceeding (
) legal officer (
 2. The meaning of legal and lawful
Legal and lawful are also the adjective but differ slightly in the meaning.

- legal (Adjective) of or relating to law, established, required, or permitted by law

- lawful (Adjective) not contrary to law; permitted by law

legal lawful
legal () lawful ()

The example of using lawful: lawful admission (legal entry into the country, under a
valid immigrant visa)

3. The comparison between legaland legally

- legal (Adjective) of or relating to law, established, required, or permitted by law

- legally (Adverb) in a lawful way; in a manner that accords with the law.

Adverb form is mostly adding ly to an adjective (not all words which end in ly). In this
part, the example of the word legally is exemplified.
- The resolution of the United Nations Security Council (UNSC) has legally binding.

legally legally
legally binding ()
 4. Understanding the word of legalityand legislative
- legality (Noun) the fact that something is allowed by the law

- legislative (Adjective) making of laws

legality
legislative

5. The meaning of legitimate

- legitimate (Adjective) allowed and acceptable according to the law

legitimate

Once a child has been registered as the legitimate child of the father, he will have joint
legal custody with his mother.

(Part of speech)
(Sentence
Structure) (Noun) (Verb) (Adjective)
(Adverb)
Consider the position of noun, adjective, adverb in order to make right decision
1. Noun is always placed at the beginning and at the end of sentence.

Law is a rule supported by the government and control the behavior of member of a
society.

 Sometimes, people are put to death for breaking law.

2. Noun is also placed after noun called compound noun.

2

She is studying law at Burapha University.

3. Adjective is placed before a noun.

You may wish to seek legal advice before signing a contract.

4. Adjective is also placed after verb to be.

Verb to be
She is beautiful.
The ball was big and red.

5. Adverb is placed after verb in order to emphasize to something.

Children under eighteen are not legally allowed to vote.
18

1. Enactment (Noun) enact (Verb)
2. Amendment (Noun) amend (Verb)
 3. Promulgation (Noun) promulgate (Verb)
4. Enunciation (Noun) enunciate (Verb)

26 .. 2502

After Thailand has improved and amended its legal system and its judiciary process
according to the system and custom of those civilized countries, it was only then that it was able
to restore its independence in this field, thereby subjecting all the foreigners under Thai laws and
under the jurisdiction of the Thai courts of justice as it is now17

Legal profession words

1. police officer (Noun) a member of the police who finds out the fact and has an
authority to arrest wrongdoers; an official whose job is to make people obey the law and to
prevent and solve crimes
2. prosecutor (Noun) a government lawyer whose job includes to prove in court that
someone accused of a crime is guilty
3. judge (Noun) a person who is in charge of a trial in a court ; a public officer appointed
to preside and to administer the law in a court of justice; the chief member of a court and
charged with the control of proceeding and the decision of questions of law or discretion
4. jury (Noun) a group of people who judge a court case (only in fact question) and
decide whether or not somebody guilty of a crime

17
, .. 2498-. 6. :
, 31.
 5. lawyer (Noun) a person whose job is to give legal advice to people about the law18
5.1 barrister (Noun) a person whose job is to provide representation in the courts, to draft
documents, to give legal opinions and specialist in legal advice
5.2 solicitor (Noun) a person whose job is to work with support staff (barristers) and
cannot appear in court
6. paralegal (Noun) a person who has trained to help lawyer

Twenty important legal organizations

(English) (Thai)
1. The Lawyers Council 1.
2. The Royal Thai Police 2.
3. The Office of the General Attorney 3.
4. The Institute of Legal Education of the Thai 4.
Bar Association
5. The Office of the Council of State 5.
6. The Office of the Judiciary 6.
7. The Office of the Judicial Commission 7.
8. The Criminal Court 8.
9. The Civil Court 9.
10. The Central Labor Court 10.
11. The Central Taxation Court 11.
12. The Administrative Court 12.
13. The Martial Court 13.
14. The Juvenile Court 14.

18
lawyer
2
barrister solicitor

15. The First Instance Court 15.
16. The Appeal Court 16.
17. The Supreme Court 17.
18. Legal Execution Department 18.
19. Department of Probation 19.
20. Department of Corrections 20.

The Classification of the types of law

Generally, there are mainly two types of law: these are public law and private law. The
former is the branch of law which is concerned the relation between states and people. The
latter is the branch of law which is governed between people and people.

Public Law ()
Public Law is the branch of law which is concerned the state and its sovereign capacity.
This branch of law is composed of these subjects as follows.
1. Criminal law is the law connected with or involving crime. It is related to a person
who commits a crime, the study on criminal offenses and criminal punishment.
2. International law is the study of relation between two or more countries. It involves
the area of cooperation and conflict between countries.
3. Administrative law is concerned with the origin and fundamental concept of
administrative law, the concept of administrative actions, administrative contracts and
administrative controlling systems.
4. Taxation law is the study on revenue code relating to income tax of persons, income
tax of juristic persons, value added taxes, how to appeal the systems of assessing taxes and the
legal procedures in the central tax court.
5. Constitutional law is involved with the fundamental principle, which may by written
or unwritten, establishing the conception of its government, laying the basic principles of rules,
rights and duties of people.
 Private Law ()
Private law is the branch of law which is concerned between citizen and citizen. This
branch of law is composed of these subjects as follows.
1. Juristic act is an act of a person designed to have a legal effect. It is an act of
individual directed to create, modify, transfer, preserve or extinguish rights.
2. Contract law is the study of an agreement between two or more persons that creates,
modifies or terminate a legal relation.
3. Tort law is the study on a person who has suffered a wrong caused by another person
can use civil litigation to exact legal remedies-most notably, compensation from that wrongdoer.
4. Partnerships and Company law is the study of operating business with the objective to
gain profit. It is divided into two forms: a sole proprietorship (a business owned by a natural
person with unlimited liability and a partnership or a company (a business jointly with other
natural person or juristic person).
5. Property law governs relationships among people with respect to things. It also
includes modes of acquisition of property (e.g. capture, creation), co-ownership of property, title
recording systems, easements and other related land issues.
6. Family law is the study of the relation of all members in the family (Father, mother
and children) or the relations of couples (the condition of engagement and marriage).
7. Succession law is the right and transmission of the rights and obligations of the
deceased to his heirs. It signifies the estate, rights which a person leaves after his death
 Diagram Hierarchy of law in Thailand

Constitution

Act Organic Law Emergency decree Code

(Act or Code)
Royal Decree Ordinary Emergency Decree

Local Ordinance Tax or currency Emergency Decree

(Hierarchy of law)
(the separation of powers)
1. legislative () (members of
parliament) (Senate) (Parliament)
(The main duty of the legislative is to make
laws.)
2. executive () (Government)
(the part of a government that is responsible for putting laws into action)
(The Prime Minister is the head of government.)
3. judiciary () (the systems of courts)
( law interpretation and law application)
(resolution of disputes)
 The Introductory comparison between
Common law and Civil law

Civil law is derived from ancient Roman law, and originated in Europe on the basis of
the Roman private law that was applicable to the citizens and between the citizens, within the
boundaries of a State in a domestic context19. Civil law starts out with abstract rules which judges
must then apply to the various cases before them.
In civil law countries, legislation is seen as the primary source of law. Therefore, courts
thus base their judgments on the provisions of codes and statutes and have to reason extensively
on the basis of general rules and principles of the code. These methods often draw analogies from
statutory provisions to fill lacunae and to achieve coherence20.
By contrast, common law is based on the English common law model, predominantly
founded on a system of case law or judicial precedent, and legislation has not traditionally been
regarded as a primary source of law, but has usually been regarded as mere consolidation or
clarification of legal rules and principles, which are essentially derived from case law and judge-
made law.

Glossary of Basic legal vocabulary

(Alphabetical Order)

1. act (Noun) law made by a legislative body

Act is a law that has been passed by a parliament.

2. acquire (Verb) to come to have often by ones own efforts; gain

They sent their son to Europe to acquire culture.

3. adjourn (Verb) SYN. suspend, postpone a court proceeding

It was almost two oclock when the meeting adjourned.

19
CRUZ, P.D., Comparative law in a changing world. 3rd edition. New York: Routledge, Page 45-46.
20
Available on http://en.wikipedia.org/wiki/Cilil_law_legal_system [Accessed on 3 April 2008].
4. adjudication (Noun) hearing and deciding a case
The case was referred to a higher court for adjudication.

5. administrative (Adj.) SYN. executive, managerial

Administrative court of Thailand was first established in 2001.

6. adversary (Noun) SYN. opponent, enemy ,

He saw her as his main adversary within the company.

7. advice (Noun) an opinion or a suggestion about what someone should do in a particular

situation
Please follow your doctors advice.

8. allow (Verb) to let something to be done

His parents will not allow her to stay out late.

9. amend (Verb) to change law in order to correct a mistake or to improve it

The law was amended to include women.
10. analogy (Noun) a comparison of one thing with an other thing
She drew an analogy between childbirth and the creative process.
11. analyze (Verb) to examine or think about something carefully
You need to sit down and analyze why you feel so upset

12. appeal (Noun) formal request to a court in authority for a decision to be changed
The police has issued a new appeal for court.

13. arbitrary (Adj.) SYN. randomly chosen

The fees charged were completely arbitrary.
14. argument (Noun) a disagreement
A decision was finally made after some heated argument.

15. article (Noun) SYN. point, section

An article is a part of a law or legal agreement that deals with particular point.
East and West Germany united under article 23 of the Bonn constitution.

16. assume (Verb) to accept something is true

It is reasonable to assume that the economy will continue to improve.

17. attorney (Noun) SYN. lawyer, counsel, member of the bar

An attorney is an agent or representative of another given authority to act in that
persons place and name.

18. authority (Noun) SYN. command, supremacy

Could I speak to someone in authority?

19. barrister (Noun) trial lawyer or courtroom counselor who is usually employed by the solicitor
and not by client
A barrister is a lawyer found in many common law jurisdictions in relation to legal
representation.

20. bias (Noun) strong prejudice

You have to judge the case without bias.

21. binding (Noun) a promise, agreement that each must be obeyed

The contract was not legally binding.
22. career (Noun) area of work, the series of jobs
This time will be a good career move.

23. case (Noun) a question or problem that will dealt with by a law court
The case will go before the European Court next month.

24. citizen (Noun) a person who is a member of a particular country

We need our law school to teach students to be good citizens.

25. civil (Adj.) relating to the ordinary people of a country

Civil law is often distinguished from common law in which abstract rules are derived
from specific cases.

26. classification (Noun) the division of things into groups

Generally, the legal classification is divided into two main legal systems.

27. code (Noun) a set of principles that are accepted and used by society
A code is not only a collection of the existing statutory law, but also of much the
unwritten law on any subject.

28. common law (Noun) the systems of laws that has developed from customs and decisions of
judges
Common law is the law made by judges in the course of deciding cases.

29. community (Noun) the people living in one particular area

Human trafficking is a considerable matter for the entire international community.

30. compensation (Noun) money that is paid to someone remedy for something that has been lost
or damaged
You should seek for compensation.
31. comply (Verb) to do what you have to do or are asked to do
Failure to comply with the regulations will result in prosecution.

32. compulsory (Adj.) put into force by the law, orders, having the power of compelling
Wearing seat belts in cars is compulsory by law.

33. concern (Verb) to involve someone

Dont interfere in what doesnt concern you.

34. conflict (Noun) a disagreement between people with opposing opinions

There was a lot of conflict between him and his father.

35. consensus (Noun) SYN. general agreement

Could we reach a consensus on this matter? Lets take a vote.

36. constitution (Noun) a written document which forms the set of political principles by which a
state or organization is governed
Britain has no written constitution.

37. controversial (Adj.) likely to cause argument or disagreement

In the United Kingdom, controversial subjects are issue of significance for the whole of
the country.

38. court (Noun) a building where trials and other legal cases happen
He is due to appear in court again on Monday .

39. critical (Adj.) something is very important

Foreign trade is of critical importance to the economy.
40. criminal (Adj.) connected with or involving crime
She has not committed a criminal offence.

41. crucial (Adj.) marked by final determination of a doubtful issue; at deciding importance

He plays a crucial role in plant reproduction.

42. custom (Noun) SYN. folkways, tradition

The tour guide offers information on local customs.

43. damage (Noun) harm or injury

The court awarded him one million for damages.

44. decision (Noun) a choice or judgment that you make after a period of discussion or thought

We finally came to a firm decision on the matter.

45. defendant (Noun) the person in a court who has been accused of doing something illegal

The court finds the defendant not guilty.

46. derive (from) (Verb) to come from something

Politics is derived from Greek word meaning city.

47. dismiss (Verb) stop from continuing

The court has the power to dismiss the case.

48. dispute (Noun) a serious argument or disagreement

Every effort was made to settle the dispute, but without success.
49. enable (Verb) to make it possible for someone to do something
The loan enabled him to buy a house.

50. enact (Verb) to pass a law

This legislation is enacted by parliament.

51. enforcement (Noun) making sure that law is obeyed

Police officer is a law enforcement agent.

52. enunciate (Verb) to say or pronounce word clearly ,

He enunciated his vision of the future.

53. evidence (Noun) facts or signs that show clearly that something exists or is true

There is no evidence for these claims.

54. ethics (Noun) a system of accepted beliefs which control behaviour; especially such a system
based on morals
He said he was bound by a lawyers code of ethics.

55. executive (Noun) the part of a government that is responsible for making certain laws and
decisions into action
His executive skills will be very useful to the company.

56. fact (Noun) a piece of information that is known to be true

Newspapers have a duty to provide readers with the facts.

57. fundamental (Adj.) relating to the most important parts of something

There is a fundamental distinction between these two methods.
58. government (Noun) the group of people who govern a country or state
The American Civil War was fought between the government backed by the northern
states and the southern states.
Congress is the part of government which makes law.

59. guilty (Noun) having done something wrong

He pleaded guilty to two charges of theft.

60. hierarchy (Noun) a system of organization in which people are divided into levels of
importance
Some monkeys have a very complex social hierarchy.

61. identify (Verb) to recognize something and be able to say what they are ,
The police took fingerprints and identified the body.

62. illegal (Adj.) against the law; not allowed by law

Prostitution is illegal in some countries.

63. individual (Noun) a person who thinks or behave in their own original way
The lawyer deals with each case on an individual basis.

64. influence (Noun) the power to affect the way someone or something develops
They had come under the influence of a strange religion.

65. issue (Noun) a subject or problem which people are thinking and talking about
She has a legal issue with her director.

66. judiciary (Noun) the part of a countrys government which is responsible for legal system

Judge is a member of the judiciary.

67. judge (Noun) a person who is in charge of presiding a trial in a court
Someone believes that judge is the most prestigious in legal career.

68. jurisdiction (Noun) the authority of an official organization to make and deal with especially
legal decision
The court has no jurisdiction over the case.

69. jury (Noun) a group of people, usually 12, who judge a court case
The jury found him guilty of murder.

70. judgment (Noun) the ability to form valuable opinions and make good decisions
You have to accept his judgment on the matter.

71. law (Noun) the whole systems of rule that people must obey
Law is made to help people live together in peace.
Sometimes people are put to death for breaking law.

72. law breaker (Noun) a person who does not obey the law
A law breaker is a person who does something illegal.

73. lawful (Adj.) allowed by the law

He said he was going about his lawful business.

74. lawsuit (Noun) problem taken to a court of law; a case brought before court
His lawyer filed a lawsuit against the city.

75. lawyer (Noun) someone whose job is to give advice to people about the law ,

Abraham Lincoln had very little schooling but he studied by himself and became a
lawyer.
76. legal (Adj.) conforming to the law; according to the law
He is my legal representative.

77. legally (Adv.) as stated by the law

The resolution of the United Nations Security Council (UNSC) is legally binding.

78. legality (Noun) the fact that something is allowed by the law
They question the legality of the recent police raids.

79. legislative (Adj.) making of laws

The European Parliament will have greater legislative powers.

80. legitimate (Adjective) fair and acceptable reason ,

Once a child has been registered as the legitimate child of the father, father will have
joint legal custody with his mother.

81. liable (Adj.) legally responsible for causing damage or injury

He could find himself liable for the cost of repairs.

82. license (Noun) to give someone official permission to do something

A license may be granted by a party to another party as an element of an agreement
between those parties.

83. matter (Noun) a situation or subject which is being dealt with or considered
Could I talk to you about a personal matter?

84. method (Noun) a particular way of doing something

Farming methods havent changed here for decades.

85. morality (Noun) a social set of standards for good or bad behaviour
 I have to question the morality of forcing poor people to pay for their medical treatment.

86. obey (Verb) ATN. disobey to carry out the instructions or orders
He always obeys his parents without question.

87. opinion (Noun) the thought about something

I have recently changed my opinion on her behaviour.

88. outlaw (Noun) someone who has done something illegal and who is hiding to avoid
punishment
An outlaw is a person declared as outside the protection of the law.

89. paralegal (Noun) a person who has trained to help lawyer

A paralegal is a person whose job is to help lawyers do their work.

90. parliament (Noun) a national representative body having supreme legislative powers within
the state
Congress is the parliament of the United States of America.

91. party (Noun) one person or groups of people involving in legal agreement ,
The parties can create rights and duties which each might rely.

92. plaintiff (Noun) the person who brings a lawsuit

A plaintiff is someone who brings a legal case against someone else in a court.

93. police officer (Noun) a member of the police

Several police officers were injured during the rioting.

94. policy (Noun) a set of plans agreed on a government or business

The company has set out its new policies for human development.
95. prescribe (Verb) to state officially what should be done in a particular situation
What punishment does the law prescribe for this crime?

96. principle (Noun) a basic belief that has a major influence

We are opposed on principle to any collaboration with terrorists

97. proceedings (Noun) legal proceedings

Her lawyer is representing her in the proceedings.

98. promulgate (Verb) to announce a new law or system officially

The new law was finally promulgated in the summer of last year.

99. private law (Noun) the branch of law which is administered between people and people

Private law is the law about disputes between individuals.

100. prosecutor (Noun) a lawyer whose job is to prove in court that someone accused of a crime
is guilty
A prosecutor is a government lawyer who leads the case against a defendant in court.
101. prove (Verb) to provide evidence that shows something is true
You have to prove you are sorry for what youve done.

102. public law (Noun) the branch of law which is governed the relation between states and
people
Constitutional and administrative is an example of public law.

103. punishment (Noun)

He has cheated people and escaped punishment.
104. reason (Noun) an intention that explains why something happened
They are not prepared to listen to reason.

105. restriction (Noun) a rule or law that controls what people can do
The law imposed new financial restrictions on private companies.

106. rights (Noun) a persons interest that must be respected by other people and by the state
You have the right to consult the lawyer.

107 rule (Noun) a statement explaining what someone can or cannot do in a particular way

Before you start your own business you should be familiar with the governments rule
and regulations.

108. regulation (Noun) an official rule or order

The local authority is introducing new planning regulations.

109. responsibility (Noun) a duty in charge of someone or something

The Minister will have responsibility for coordinating child policy.

110. sanction (Noun) official permission for taking action

Many nations have imposed sanctions on the country because of its attacks on its own
people.

111. section (Noun) one of the parts that something is divided into
Under the section 15 of Thai Civil and Commercial code, Personality begins with the
full completion of birth as a living child and ends with death.
112. society (Noun) an organization or club with members who shares similar interest
Law is an instrument to govern the society.
113. solicitor (Noun) a type of lawyer in Britain who gives legal advice, prepare documents when
property is bought or sold (SYN.) lawyer, attorney
I will let you know my decision after I have consulted my solicitor.
114. statute (Noun) the written law, promulgated by the legislature, also known as legislation
( )
The government would like to see the new law on the statute book.
115. sue (Verb) to make a claim against somebody in court
Have you ever been sued in a law court?

116. trial (Noun) a legal process in which a judge examine information before making decision

By the time the case comes to trial, he will spend a year in prison.

117. tribunal (Noun) a type of court that is given official authority to deal with particular situation
or problem
The case of your redundancy will be heard by an independent tribunal.
118. verdict (Noun) SYN. finding, judgment ()
The unanimous verdict from the jury was not guilty.

119. violation (Noun) an action that breaks a law

He claimed that the way he had been treated was a gross violation of his fundamental
rights.
120. witness (Noun) someone who sees a crime and describes what happen
Police have appealed for witness to come forward.

..
 Review exercises
Part 1 Please Translate this following passages into Thai.

After Thailand had improved and amended its legal system and its judiciary process
according to the system and custom of those civilized countries, it was only then that it was able
to restore its independence in this field, thereby subjecting all the foreigners under the Thai laws
and under jurisdiction of the Thai courts of justice as it is now.
( 26 .. 2502)

The Supreme court is the highest court of the Kingdom with jurisdiction throughout the
nation in all kinds of cause appealed from the lower courts in accordance with the law.
A party who challenges an order or judgment issued by the Court of First Instance, the
Court of Appeal or the Courts of Appeal Regions I-IX has the right to appeal against the lower
courts order or judgment under conditions required by the law.
An order or a judgment of the Supreme Court in all kinds of cases is final.
( 11 .. 2548)

Part 2 Choose the most appropriate answer.

1. The two main legal systems in the world are .. law and . law.
a. Islamic and Russian b. English and American
c. Common and Civil d. Greek and Roman

2. Which choice is not classified as private law?

a. Tort law b. Criminal law c. Property law d. Contract law

3. Which choice is not classified as public law?

a. International law b. Administrative law c. Constitutional law d. Contract
law
4. Jim: Have you ever heard of the word Constitution? If so, ?
Sam: Yes, it is a word that law students must know and understand. It means a document
stating the systems of laws and principles of a government, society and so on.
Jim: That is right.
a. Where is it? b. Which do you prefer?
c. What does it mean? d. How do you like it?

5. David: Do you think that the law is useful?

Thomas: It is very useful and necessary. Without it, society would be bad.
David: .. .
a. You are awful b. You are left c. You are slow. d. You are
right.

6. A .. is a collection or compilation of statutes or regulations.

a. code b. regulation c. book d. document
7. Generally, courts handle two kinds of disputes: . and case.
a. common and civil b. civil and criminal

c. community and custom d. society and government

8. The court found the defendant is not .. of the offence.
a. lawful b. guilty c. jurisdiction d. government

9. If you get hurt from working, you can claim .. for injury.
a. adversary b. compensation c. court d. damage

10. There is a general among the participants of meeting.

a. citizen b. consensus c. classification d. community

11. The court will . until tomorrow.

a. case b. adjourn c. administrative d. arbitrary
12. Law must identify the duties and powers of the . and individuals.
a. government b. judge c. legal d. community

13. A (an) . is a person who has the ability to decide whether someone is guilty or not
guilty.
a. prosecutor b. lawyer c. judge d. paralegal
14. The has been unable to return a verdict.
a. court b. code c. lawyer d. jury

15. What is the relationship between . and justice?

a. law b. legal c. legally d. lawful

16. If you have a legal problem, you should consult a .. .

a. judge b. law breaker c. lawyer d. jury

17. Please give your legal on this matter.

a. opinion b. obey c. judiciary d. parliament

18. A (an) .. is someone who brings a legal case against someone else in a court.
a. police officer b. party c. plaintiff d. judge

19. A (an) .acts as a State or government lawyer in criminal cases.

a. witness b. prosecutor c. solicitor d. attorney

20. They had a strong .................. about what law should be applied in this case.
a. argument b. consensus c. decision d. Issue

21. In the United States of America, the President is at the head of the . .
a. society b. monarchy c. government d. legislation

22. The main function of .. is to make laws, discuss policies and directions of
government.
a. parliament b. police officer c. citizen d. Government
23. We had not enough . to bring the case to court.
a. evidence b. dispute c. regulation d. principle

24. The lawyers will be paid if they win the .. .

a. court b. case c. jurisdiction d. damage

25. The firm is involved in a legal with a rival company.

a. dispute b. case c. code d. tribunal

26. All are equal before the .. .

a. legal b. law c. legally d. legality

27. is a body of rules of conduct prescribed by a controlling authority and having binding
force.
a. code b. law c. legal d. legislative

28. How do people in Thai society make commitments that are . binding?
a. lawful b. legal c. legally d. law

29. Did .. recognize a need and require a change in the law?

a. society b. social c. rule d. regulation

30. Law should make . every sort of behaviour that has the backing of morality and
self interest.
a. compulsory b. prosecution c. authority d. community

31. It is . to drive through a red light.

a. legal b. illegal c. legality d. lawful

32. Thailand and Cambodia has a territorial about their borders.

a. court b. evidence c. dispute d. procedure
33. Hard working is to success.
a. illegal b. fundamental c. liable d. ambiguous

34. The separation of power is a model for the governance of democratic states. It is composed
of legislative, and . .
a. government/community b. executive/judiciary
c. community/judiciary d. government/judiciary
35. A (an) . case is a dispute between two private citizens.
a. common b. criminal c. civil d. ambiguous

36. A (an) . case is a dispute between an individual and the whole community.
a. criminal b. civil c. common d. critical

37. We call people who know something about the case from their observation as a
.
a. judge b. paralegal c. attorney d. Witness

38. She is studying . at Burapha .. school.

a. law/law b. legal/law c. law/legal d. legal/legal

39. The customs and traditions have been used in the . legal system.
a. civil b. common c. criminal d. Islamic

40. The decision of a higher court is .. on a lower court.

a. compulsory b. administrative c. binding d. regulation

41. According to the 2 of the Thai Constitution (interim) 2006, sovereign power
belongs to the Thai people.
a. code b. article c. rule d. principle
42. While law can prohibit behaviors, . merely guides actions toward that are mostly to
achieve a desired outcome.
a. matter b. policy c. case d. government
43. The aim of law is to settle . about what the law has been broken.

a. dispute b. argument c. authority d. decision

44. Social life would be impossible without .. to control the way people treat each other.
a. law b. government c. parliament d. code

45. They have been unable to resolve the . over working conditions.
a. dispute b. code c. section d. article

46. The European Community is an important legislative .. in most European

countries.
a. authority b. proceeding c. section d. Issue

47. She is his .................wife.

a. legal b. law c. lawful d. legally

48. It is necessary for all ..................... to understand the need for good laws.
a. citizen b. community c. individual d. code

49. Fundamental rights and duties of Thai people are guaranteed by the .................... .
a. code b. parliament c. law d. constitution

50. Two key .................... reported hearing two gunshots.

a. authorities b. defendants c. plaintiffs d. witnesses
 References

. -, 3.
: , 2550.
. .. 2498-. 6.
: , 2551.

ASKEY,S., and MC.LEOD,I., Studying law. Macmillan, 2007.

Cambridge Advanced learners Dictionary. 2nd edition. Cambridge University Press, 2005.
CRUZ, P.D., Comparative law in a changing world. 3rd edition. New York: Routledge, 2006.
GIFIS, S.H., Barrons Dictionary of Legal Terms. Third edition. New York: 1998.
MACMILLAN Essential Dictionary for Learners of English. Max Hueber Verlag, 2003.
Oxford Advanced learners Dictionary. 7th edition. Oxford University Press, 2005.

Websites
www.longmanonline.com
www.en.wikipedia.org/wiki/Cilil_law_legal_system
 Chapter 3 Juristic acts and contract law of Thailand
3

(The Objective of Study)

120

(Content)

(Concept of juristic acts and contract law) (The types of
contract) (Model form of contract)

(Activities and Teaching Methodology)

1. (Group Discussion )
2. (Lecture)
3. (Interpretation Practice)

(Teaching Equipment)
1.
2. Power Point Presentation

(The Assessment)
1. (Pre-Test and Post-Test)
2. (Interpretation of Contract)
 Pre-test (Chapter 3)

Choose the most appropriate answer.

1. Which choice is not an element of juristic acts?

a. It is the lawful and voluntary acts. b. It intends to establish juristic relations.
c. It is done between persons. d. It is not able to modify or transfer.

2. In the legal sense, which action is not contrary to public order or good morals?
a. Payment of gambling b. Child trafficking for sexual purpose
c. Buying alcohol for birthday party d. Buying and selling heroin

3. Who has no capacity to make legal act?

a. a 20 years old person
b. a physical and mental infirmity person
c. a sound mind person
d. a minor who gets a permission from his parents

4. In the legal sense, which object of the action is expressly prohibited by law?
a. Selling marijuana
b. Loan money for football gambling payment
c. A declaration of intention by mistake
d. Give money to a woman to be a second wife

5. Which action does a minor has capacity to make legal act without the permission of his legal
representative?
a. Sell a house b. Loan money c. Purchase a land d. Make a will

6. Which choice does not form a contract?

a. Offer+Acceptance+Consideration+Capacity to contract+Meeting of the minds
 b. Offer cancelled by counter offer+ Acceptance of counteroffer+ Consideration
+Capacity to contract+ Meeting of the minds
c. Offer+ Rejection of offer+ Capacity to contract+ Purpose of contract is lawful
d. Offer+Acceptance+ Consideration+Capable of contract+Lawful purpose
+Meeting of the minds

7. According to the Thai Civil law, how long is the general limitation period for bringing a legal
action?
a. two years b. five years c. seven years d. ten years

8. Who has no capacity to form a contract?

a. Mr. A, 18 years old, needs to buy a motorcycle without having permission from his legal
representative.
b. Mr. B, 25 years old, is an unsound mind person under court-appointed guardianship.
c. Mr. C, 20 years old, has a mental illness and the court declared insane but his mother
operates all his business as a guardian.
d. Mr. D, 60 years old, is quasi-incompetent person but his wife is authorized by the court
to act as a curator.

9. Mr. Green rented a car for traveling from Bangkok to Chiang Rai, Which contract does Mr. Green
has to form?
a. Loan Agreement b. Service Agreement
c. Hire Agreement d. Lease Agreement

10. Mr. Andy wants to buy a new car but he cannot afford to pay the whole price at once. He is
planning to pay in monthly installments. Which contract does Andy sign?
a. Hire purchase agreement b. Service Agreement
c. Loan Agreement d. Hire Agreement
 Chapter 3 Juristic acts and contract law of Thailand
3

The content of this chapter is divided into three parts. The first part will explore the
fundamental concept of juristic acts and contract law of Thailand. The second part will focus on
the various types of contract. The last part will study about the structural model form of contract.

Fundamental concept of juristic acts and contract law

Juristic acts
According to section 149 of Thai Civil and Commercial Code, juristic acts are lawful
and voluntary acts, the immediate purpose of which is to establish juristic relations between
persons to create, modify, transfer, preserve or extinguish rights. From this definition, it is
distinguished the element of juristic acts into 3 categories as follows;
1. Juristic acts shall be lawful and voluntary acts; it means a legal act done with lawful
purpose by a person with capability. The declaration of intention shall be done without fraud or
duress.
2. Between persons; in the legal sense the classification of person is grouped into two
categories. These are real person and juristic person. These persons will have a declaration of
intention to do a juristic act.
3. The act has the objective to achieve legal effect in order to create, modify, transfer,
preserve or extinguish rights.

149




()
 There are many different types of juristic acts. Most identifies one party and two parties
juristic acts The examples of one party juristic act are making a will or setting a foundation.
The example of two party juristic act is obviously seen from the formation of contract.

In part of lawful purpose, section 150 of the civil and commercial code states that an act
is void if its object is expressly prohibited by law or is impossible, or is contrary to public order
or good morals. To consider the criteria of unlawful purpose, it is important to know the last
objective of each contract. For instance, a legal act concerning the exploitation of children and
women for illegal purpose is considered to be an unlawful purpose of legal act. As a
consequence, this legal act is void because its object is expressly prohibited by law and is
contrary to good morals of the society.

150

Moreover, the capacity to make legal act should be considered. Capacity to make legal
act refers to a persons ability to enter into a legally binding agreement. In order to have capacity
to make legal act, the person must be mentally competent. Under the scope of Thai Civil and
commercial code, three types of people are limited their legal capacity of making legal acts.
1. Minor the consequence of making legal act is voidable if there is no permission from
his legal representative. However, minor is able to make some legal acts by himself such as all
acts with suitable to his condition in life or make a will after completing fifteen years of age. To
become a legally mature person, section19 of Thai Civil and Commercial Code states that A
person, on the completion of twenty years of age, ceases to be a minor and becomes sui juris.
Additionally, under the section 20 a minor becomes sui juris upon marriage, provided that the
marriage is made in accordance with section 144821
2. Unsound-mind person, this group of person is under court declared insane. An
insane person is incapable of understanding the nature of his acts, in theory, it would be
impossible for a person of this character to make any juristic act or contract at all. The
consequence of making legal act is voidable if it is not permitted by guardian.
Section 28 A person of unsound mind may be adjudged incompetent by the court on the
application of any spouse, ascendants, descendants, guardian or curator, a person taking care of
the person or of the Public Prosecutor
Section 29 An act done by a person adjudged incompetent is voidable.

3. quasi-incompetent person, a curator is legally responsible for the care for this group
of people. The consequence of making legal act without curators permission is voidable.
Section 32 A person, who has physical or mental infirmity, or habitual prodigality or
habitual intoxication or other similar causes that make him incapable of managing his own
affairs, or management is likely to cause detriment to his own property or family, may be
adjudged as quasi-incompetent by the court upon an application by any of the persons specified
in section 28
The person adjudged quasi-incompetent under paragraph one must be placed under
curatorship.

1.
21
Section 1448 A marriage can take place only when the man and woman have completed their seventeen year of age. But
the Court, may, in case of having appropriate reason, allow them to marry before attaining such age.


2
20 1448 (
17 17 )
2.


28 2

3.

23 .. 2540

For the doing of a juristic act, a minor must obtain the consent of his legal
representative. All acts done by him without such consent are voidable except otherwise
provided.22
22
, .. 2498-. 6. :
, 198 .
The validity of juristic acts
Void means no legal effect; null.
Under Thai Civil and Commercial Code, section 172 a void act cannot be ratified, and its
nullity may be alleged at any time by any interested person.
The causes of void in juristic acts are composed of these legal concepts as follows;
1. The object purpose of legal acts is expressly prohibited by law or is impossible, or is
contrary to public order or good morals. (Section 150)
2. The act is void if it is not in the form prescribed by law. (Section 152)
3. The hidden intention (Section 154)
4. The fictitious intention (Section 155 paragraph 1)
5. The mistake to an essential element of juristic act (Section 156)

(void) (Voidable)
172

Voidable means a valid act that may be voided rather than an invalid act that may be ratified.
Under Thai Civil and Commercial Code, section 176 when avoidable act is avoided, it is
deemed to have been void from the beginning; and the parties shall be restored to the condition in
which they were previously, and if it is not possible to so restore them, they shall be indemnified
with an equivalent.
The causes of voidable in juristic acts are composed of these legal concepts as follows;
1. An act does not comply with the requirements concerning capacity of person.
(Section 153)
2. The mistake of a quality of the person (Section 157)
3. A declaration of intention by fraud (Section 159)
4. A declaration of intention by duress (Section 164)
 176

Contract
Contract is an agreement that creates a binding obligation upon the parties. Contract is a
written legal agreement between two people or business that says what each must do for the other
or give to the other. The formation of a contract has to consider the basic elements of contract
which are composed of offer (also include counteroffer), acceptance, consideration, meeting of
the minds, capacity to contract of people and lawful purpose.

The basic element of contract is composed of four things as follows;

1. Offer - the manifestation of a willingness to enter into a contract which justifies the
offeree in believing that his acceptance will create a contract
The person who made the offer is the offeror; the person who the offer is made to is the
offeree.
2. Acceptance - an offerees assent, either express or by implication from conduct, to the
terms of an offer in a manner authorized or requested by the offeror
3. Consideration - an inducement to contract, a right or an interest or a benefit going to
one party which may include money, mutual exchange of promises
4. Intention - the contracting parties intend to create legal relations.

()

4
 1.

2.

3.

4.

12 .. 2529

A contract is an agreement between two or more persons intended to create legal

relation between them. At present, it is generally accepted that persons are unequal in terms of
knowledge and bargaining power. Consequently, there is the need to protect persons in a weaker
position. Moreover, in some cases parties have little option but to take the terms offered to them.
Thus, it is necessary that the law has to be in assistance to ensure fairness.23

5 2531

In principle a contract is concluded when an offer made by one party is met with
corresponding acceptance of another party. As a result the parties to the contract are bound to
perform the obligations arising there from.

23
, .. 2498-. 6. :
, 148-149.


24

Deposit and Penalty

Deposit serves as a security that the contract shall be performed. A deposit can be money
or other things of value which one contractual party delivered to the other when entering into a
contract.25
Section 377 if, on entering into a contract, something is given as earnest, this is deemed
to be proof of the conclusion of the contract. If also serves as a security that the contract shall be
performed.

A penalty is damage or compensation for damage which the contractual parties agreed in
advance. A penalty shall have the following important characteristics: damages that are stipulated
in advance, penalty can be stipulated as a money amount or performance of obligation.26

377

24
, .. 2498-. 6. :
, 160 .
25
TAN, D., 2008. A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd. Page 29.
26
TAN, D, 2008. A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd. Page 30.
Breach of contract
Breach of contract is the failure to perform the terms of the contract. The level of
breaching contract is divided into two levels; these are material breach and partial breach.
A material breach is a violation of the contract that is substantial and significant.
A partial breach is a violation of a part of the contract.

The breach of contract leads to the rescission of contract. Under the scope of Thai Civil
and Commercial Code, section 386 states that
It is the right of a party to cancel a contract by a declaration of intention to other party.
The declaration of intention mentioned in the paragraph 1 cannot be revoked.

Section 387 If one party does not perform the obligation, the other party may fix a
reasonable period and notify him to perform within that period. If he does not perform within that
period.
If he does not perform within that period, the other party may rescind the contract

386


387


 The Model Form of contract
Each contract mostly has the same structure but different in detailed contents. Before
studying on the specific types of contract, we shall begin with the structure of contract how to
initiate and the last clauses of drafting contract. The structure of contract is composed of these
contents as follows;

1. Commencement indicates the nature of the agreement. Commencement also specifies

the date on which the agreement is entered into. It usually begins with This agreement.

This lease agreement is made on the . day ., 2010 between ,

represented by .(the Lessor) and . represented by (the
Lessee).

2. Recitals are paragraphs introduced by the word whereas. It describes the

background facts which the agreement should be read. It often states the purposes for which an
agreement is being entered into.

Whereas:
1. Licensor has certain rights to the Patent Eights (as defined below) in the Product (as
defined below); and
2. Licensor wishes the grant to Licensee (non-exclusive) rights in the Product subject to
the Licensees specific performance as set forth herein and Licensee is willing to accept such
grant under the terms of this Agreement.

3. Operative part is one line appears:

Now it is hereby agreed as follows. or Now, THEREFORE, the parties agree as
follows.
Definitions are general definitions clause. This part sets out the terms used throughout
the document.
 Patent Rights means the rights in and to inventions, methods and devices which are
described and claimed in the licensed patent of the Product having US Patent Number , or
described and claimed in any reexaminations, reissues, renewals or extensions of any of the
foregoing.

4. Conditions precedent is a clause stipulating that certain of the agreement provisions

come into force when specified conditions are satisfied.

The Purchaser agrees to purchase from the Seller, and the Seller agrees to sell to the
Purchaser sets of with the details thereof stipulated in Annex.. attached
hereto which is deemed a part hereof (hereinafter referred to as the Products).
The Parties agree that the Seller will provide the details to the Purchaser with respect to
Annex . upon the Sellers finalization , such finalization will be taken place no
later than .. days after the date hereof.

5. Boiler-plate deals with matters in which notices under the agreement have to be
served and the time at which they take effect. Mostly, the applicable law and jurisdiction clauses
are normally the last clauses.

This Agreement shall be subject to and construed under the laws and regulations of
Thailand. Any dispute arising under this Agreement that cannot be resolved between the parties
shall be subject to the jurisdiction of a Thai Civil Court located in Bangkok.
This Agreement has been prepared in duplicate originals and has been read, understood
and agreed to by both parties, who therefore affix their signatures on the date stated above.
IN WITNESS WHEREOF, I have caused this Power of Attorney to be signed in
Bangkok on this 9th day of August 2010.
 Power of attorney/ Letter of attorney

Made at/ Written at

In this letter, I. (hereinafter called principal has appointed (delegate) Mr./Mrs./Miss

.. as my agent with the authority to exercise the following actions:

1. Enter a legal action to the court for civil or criminal cases including bankruptcy: to act as the
agent for any defence when it has been charged as defendant, with authority to proceed in a way
of dispose of companys rights such as accepting claims of another party, withdrawal of a charge,
compromise, renunciation or exercising rights to appeal or dika (appeal to a higher court) or
request the retrial of the case including the execution of the judgment and appoint lawyers for
proceeding with the case on behalf of company.

2. Receive performance from the companys debtor and receive costs or any money including
documents from the court or other government departments with the authority to appoint other
persons to act on his behalf.

3. Any action performed by the appointee within the scope of this letter shall have a binding
effect as performed by myself in all respects.

As evidence, we have signed our names in the presence of witnesses on

Signed Appointor Signed .. Witness

( ) ( )

Signed ... Appointor Signed Witness

( ) ( )

Signed .Appointee
( )
 Lease Agreement

This lease agreement is made on the . day ., 2009 between ,

represented by .(the Lessor) and . represented by (the
Lessee).

The Lessor agrees to let and the Lessee agrees to rent a room No. Prompak
Place, located at Sukhumvit Soi 49, Phrakanong District, Bangkok 10110 Thailand (the
Premises) subject to the following terms and conditions.

1. Rental
The Lessee shall pay to the Lessor rental for the Premises in the total amount of Baht
30,000 (three thousand Thai baht) per month. The monthly rental shall be payable in advance of
each month in the .. day of each month.

2. Deposit
The Lessee shall retain with the Lessor a deposit in the total amount of 60,000 (six
thousand Thai baht) (the Deposit). The Lessor may apply the Deposit to amounts arising under
this Agreement that are due and not paid by the Lessee after demand by the Lessor. If the Lessor
applies part or all of the Deposit to any such amount, the Lessor shall provide the Lessee notice in
writing and the Lessee shall within 15 (fifteen) days of the date of receipt of such notice restore
the Deposit balance to Baht 60,000 (six thousand baht only). The Deposit shall not be applied to
unpaid rentals without the consent of both parties.

At the end of the lease term, including any extension or renewal thereof, the Lessor may
apply the Deposit to any amounts arising under this Agreement that have not be unpaid by the
Lessee. The Lessor shall notify the Lessee of such amounts, and shall return the balance of the
Deposit to the Lessee within 10 days of termination. If the Lessor without justification fails to
return the balance of the Deposit within that time, interest shall accrue on such balance at the rate
of 15% (fifteen percent) per annum and the Lessee shall be entitled to all costs incurred in
recovering the balance form the Lessor.
3. Term
The term of this lease shall begin on the . day of , 2009, and continue for a
period of years until the day of .., 2009.

4. Utilities
The Lessee shall be responsible for all charges for electricity, water gas, cable television,
telephone and garbage pickup arising during the term of this Agreement. The charges under this
clause shall be charged to the Lessee at the rate actually charged by the utility service provider.

5. Maintenance and Use of the Premises

The Lessee shall maintain the premises in good order and condition, except for ordinary
wear and tear from normal usage and damages that are not caused by Lessee, or its employees,
guests, representatives, family or servants. The Lessee shall promptly repair at its own expense
any damage to the Premises caused by the Lessee, or its employees, guests, representatives,
family or servants.

The Lessee shall use the premises for legitimate business or residential purposes only, in
a manner that does not constitute a nuisance or disturbance to neighboring owners or tenants. The
Lessee shall not use the premises for illegal or immoral purposes.

6. Damages
The Lessee shall be responsible for all costs or damages, including the costs of repairs to
the Premises, incurred by the Lesser if such costs or damages are caused by the Lessee, or its
employees, guests, representatives, family or servants.

7. Alterations and Improvements

The Lessee may make reasonable alterations and improvements to the Premises. The
Lessee shall provide the Lessor prior written notice of any such alterations or improvements. At
the end of the term of this Agreement the Lessee may remove all alterations or improvements that
it has made to the Premises provided that the Lessee at its own expense restores the Premises to
its original condition. If an alteration or improvement cannot be removed without causing
irreparable damage to the Premises, the alteration or improvement shall become the property of
the Lessor at no charge to the Lessor.

8. Insurance
The Lessee may, at its option and expense, obtain liability and/or property insurance for
the Premises. If it is a condition of such insurance that the insured be the owner of the Premises,
the Lessor shall cooperate with the Lessee by obtaining the insurance at the Lessees expense, in
which case the Lessee shall be beneficiary and/or loss payee of all proceeds under the insurance,
regardless of the fact that the Lessor is named the Insured under the policy.

9. Sublease
The Lessee cannot assign or sublease all or part of its rights under this agreement without
the prior written consent of the Lessor. Consent shall not be required for subleases with the
Lessees directors or with the Lessees affiliated or subsidiary companies.

10. Default and Early Termination

If either party breaches a material obligation under this Agreement, the other party may
give that party written notice to cure the breach within 15 (fifteen) days of the date of receipt of
the notice of breach. If the breaching party fails to cure the breach within that time, the other
party may terminate the Agreement with immediate effect and seek all lawful remedies available
to it.

11. Option to Renew

The Lessee shall have an option to renew this Agreement for an additional period of
.. years with mutually agreed upon terms and conditions. The Lessee shall exercise this
option with written notice to the Lessor not less than 30 (thirty) days before the end of the term.

12. Choice of Law and Jurisdiction

 This Agreement shall be subject to and construed under the laws and regulations of
Thailand. Any dispute arising under this Agreement that cannot be resolved between the parties
shall be subject to the jurisdiction of a Thai Civil Court located in Bangkok.

This Agreement has been prepared in duplicate originals and has been read, understood
and agreed to by both parties, who therefore affix their signatures on the date stated above.

Lessor: Lessee:

. ...

Witness: Witness:

. ...
 The Specific types of contract

under Thai Civil and Commercial Code

1. Sale Contract () is divided into sale with right of redemption, sale by sample;
sale by description; sale on Approval and sale by auction
Section 453 Sale is a contract whereby a person, called the seller, transfers to another
person, called the buyer, the ownership of property, and the buyer agrees to pay to the seller a
price for it.

21 .. 2534

Sale is a contract whereby a person, called the seller, transfers to another person, called
the buyer, the ownership of property, and the buyer agrees to pay to the seller a price for it.

The ownership of the property sold is transferred to the buyer from the moment when the
contract of sale is entered into.27

2. Sale with Right of Redemption ()

Section 491 Sale with right of redemption is a contract of sale whereby the ownership of
the property sold passes to the buyer subject to an agreement that the seller can redeem that
property.

491

27
, .. 2498-. 6. :
, 171.
3. Exchange Contract ()
Section 518 Exchange is a contract whereby the parties transfer to one another the
ownership of property.

518

4. Gift Contract ()
Section 521 A gift is a contract whereby a person, called the donor, transfer gratuitously
a property of his own to another person, called the donee, and the donee accepts such property.

521

5. Hire of property contract ()

Section 537 A hire of property is a contract whereby a person, called the letter, agrees to
let another person, called the hirer, have the use or benefit of a property for a limited period of
time, and the hirer agrees to pay a rent therefore.

537

6. Hire Purchase Contract ()

Section 572 A hire-purchase is a contract whereby an owner of a property lets it out on
hire and promises to sell it to, or that it shall become the property of, the hirer, conditionally on
his making a certain number of payments.
The contract of hire-purchase is void unless made in writing.
 572

7. Hire of services contract ()

Section 575 A hire of services is a contract whereby a person, called the employee,
agrees to render services to another person, called the employer, who agrees to pay a
remuneration for the duration of the services.

575

8. Hire of work contract ()

Section 587 A hire of work is a contract whereby a person, called the contractor, agrees
to accomplish a definite work for another person, called the employer, who agrees to pay him a
remuneration of the result of the work.

587

9. Carriage () is divided into carriage of goods and carriage of passengers

Section 608 A carrier, within the meaning of this Title, is a person who in the usual
course of business undertakes to transport goods or passengers for remuneration.

608

10. Loan Agreement () is divided into loan for use and loan for consumption.
Section 640 A loan for use is a contract whereby a person, called the lender, lets another
person, called the borrower, have gratuitously the use of a property, and the borrower agrees to
return it after having made use thereof.

640

Section 650 A loan for consumption is a contract whereby the lender transfers to the
borrower the ownership of a certain quantity of property which is consumed is the user, and the
borrower agrees to return a property of the same kind, quality and quantity.
The contract is complete only on delivery of the property.

650

11. Deposit Contract ()

Section 657 A deposit is a contract whereby a person, called the depositor, delivers a
property to another person, called the depository, and the depository agrees to keep it in his
custody and return it.

657

12. Suretyship Contract ()

Section 680 Suretyship is a contract whereby a third person, called the surety, binds
himself to a creditor to satisfy an obligation in the event that the debtor fails to perform it.

A contract of suretyship is not enforceable by action unless there be some written

evidence signed by the surety.

680

13. Mortgage Contract ()

Section 702 A mortgage is a contract whereby a person, called the mortgagor, assigns a
property to another person, called the mortgagee, as security for the performance of an
obligation, without delivering the property to the mortgagee.
The mortgagee is entitled to be paid out of the mortgaged property in preference to
ordinary creditors regardless as to whether or not the ownership of the property has been
transferred to a third person.

702

14. Pledge Contract ()

Section 747 A pledge is a contract whereby a person, called the pledgor, delivers to
another person, called the pledgee, a movable property as a security for the performance of an
obligation.
 747

15. Agency Contract ()

Section 797 Agency is a contract whereby a person, called the agent, has authority to act
for another person, called the principal, and agrees so to act.
Agency may be express or implied.

797

16. Brokerage Contract ()

Section 845 A person, who agrees to pay a remuneration to a broker for indicating the
opportunity for the conclusion of a contract, or for procuring a contract, is liable to pay the
remuneration only if the contract is concluded in consequence of the indication or of the
procurement by the broker. If the contract is concluded subject to a condition precedent, the
brokers remuneration may not be claimed until the condition is fulfilled.
The broker is entitled to be reimbursed for expenses incurred only if this has been agreed
upon. This is applied even if a contract is not concluded.

845

17. Compromise contract ()

Section 850 A compromise is a contract whereby the parties settle a dispute, whether
actual or contemplated by mutual concessions.

850

18. Gambling and betting contract ()

Section 853 No obligation is created by gambling or betting. What has been given by
reason of the gambling or betting may not be demanded back on the ground that no obligation
existed.
These provisions apply also to an agreement whereby the losing party, for the purpose of
satisfying a gambling debt or a bet, incurs an obligation towards the other party.

853

19. Current Account Contract ()

Section 856 A contract of current account is one in which two persons agree that
henceforth or for a determinate period the amount of all or some only of the obligation arising
from transactions between them shall be set off and that the balance only shall be paid.

856

20. Insurance contract () is divided into insurance against loss, insurance on

carriage and insurance on life
 Section 861 A contract of insurance is one in which a person agrees to make
compensation or to pay a sum of money in case of contingent loss or any other future event
specified in the contract, and another person agrees to pay therefore a sum of money, called
premium.

861


21. Bills Contract ()
Section 898 Bills, within the meaning of this Code, are of three kinds, namely: bills of
exchange, promissory notes and cheques.

898

22. Partnerships and Companies Contract ()

Section 1012 A contract for the organization of a partnership or company is a contract
whereby two or more persons agree to unite for a common undertaking, with a view of sharing
the profits which may be derived thereform.

1012

There are three kinds of partnerships or companies; these are ordinary partnerships,
limited partnerships and limited companies.

 Glossary of juristic acts and contract law

(Alphabetical Order)

1. acceptance (Noun) officially agree to take something that you have been offered
I have had acceptance from two universities.

2. adjudge (Verb) to announce a decision or consider something

In October 1990, he was adjudged bankrupt.

3. agreement (Noun) SYN. contract, a mutual arrangement

The family was in agreement with her about what they should do.

4. allege (Verb) to say that something is true or that someone has done something wrong, although it
has not been proved
It was alleged that the police officer had accepted bribes.

5. ascendant (Noun) those whom derives his birth

Everyone has two ascendants at the first degree, his father and mother.

6. assent (Noun) approval or agreement from someone who has authority

The Parliament gave its assent to declare war.

7. avoid (Verb) to stay away from someone or something

I try to avoid going shopping on Saturday.

8. beneficiary (Noun) a person for whose benefit property is held in trust

He was the chief beneficiary of his fathers will.

9. binding contract SYN. an enforceable contract

This contract was not legally binding.
10. bilateral contract a contract in which the parties obligate themselves reciprocally
Tomorrow, there will be a bilateral negotiation between Israel and Syria.

11. breach of contract (Noun) violation of a contractual obligation by failing to perform ones own
promise
He was sued in charge of breach of contract.

12. buyer (Noun) someone who buys something

There were several potential buyers.

13. capacity (noun) the ability to do something

They are worried about their capacity to invest for the future.

14. cease (Verb) to stop happening or continuing

Conversation ceased when she entered the room.

15. clause (Noun) a particular part of a written legal document

They have amended a clause in the contract.

16. consequence (Noun) something that happens as a result of a particular action

Many believe that poverty is a direct consequence of overpopulation.

17. contract (Noun) an agreement between two or more parties creating obligations that are enforceable
or recognizable at law
The contract will be terminated by mutual consent.

18. consideration (Noun) something bargained for and received by a promisor from a promisee; that
which motivates a person to do something
 Consideration means something of value given or done in exchange for something of value given or
done by another in order to make a binding contract.

19. competent person (Noun) ability of person to do something

She is a very highly competent linguist.

20. compensation (Noun) payment of damages or any other act that a court orders to be done by a
person who has caused injury to another
She received a million bath in compensation for a lost eye.

21. contractual party

Are you under a contractual obligation to any other company?

22. contrary (Adjective) opposed to something else

The introduction of such a tax would be contrary to our policy.

23. consent (Noun) SYN. agreement , approval, permission

He took the car without the owners consent

24. conditions (Noun) something that must be done before another thing can happen, especially as part
of an agreement, law or contract
The condition is so vital to the operation of the contract.

25. counteroffer (Noun) a new offer that the original offer rejects and terminates the original offer

Counteroffer is an offer made in response to a previous offer by the other party during
negotiations for a final contract.

26. cancel (Verb) SYN. annulment; stopping

I called the hotel to cancel my reservation.
27. contract clauses (Noun) a distinct section or provision of a legal document
They have added a clause in the contract.

28. create (rights)

The new factory is expected to create more than 400 new job.

29. curator (noun) a person who manage the affair of quasi-incompetent person
John is a curator of his grandmother.

30. date of avoidance the date of evading or escaping

The right of avoidance must be exercised within ten years since the voidable act was done.

31. damage (Noun) harm or injury

The court awarded him one million for damages

32. declare (Verb) to state officially

A state of emergency has been declared.

33. deed (Noun) a written instrument that is signed, sealed, delivered and that conveys some interest in
property
He makes his mortgage deed.

34. deem (Verb) to consider that someone or something has a particular quality
The Commission will take as long as is deemed necessary to make its decision.

35. deposit (Noun) a part of the cost of something you are buying that you pay sometime before you
pay the rest of it.
A deposit of 10% is required.
36. descendant (Noun) something that derives from an earlier from
He claims to be a direct descendant of the last king.

37. detriment (Noun) the relinquishment of some legal right that a promisee would have otherwise been
entitled to exercise
Are you sure that I can follow this diet without detriment to my health?

38. duress (Noun) the physical confinement of a person or the detention of a contracting partys
property
The confession was obtained under duress.

39. earnest (Noun)to really mean what you are saying, especially when expressing an intention or wish

She wasnt sure whether he was in earnest or not.

40. elements of contract (Noun) a constituent part of contract

Consideration is an essential element of any valid contract.

41. equivalent (Adj.) having the same value

I had no dollars, but offered him an equivalent amount of Sterling.

42. expiration (Noun) a coming to an end, a formal termination on a closing date

Our television license expires next month.

43. expressly (Adverb) clearly and firmly

I expressly told you to be home by midnight.

44. enter into a contract to make an official agreement to do something

Dont enter into any contract before examining its conditions carefully.
45. extinguish (rights)to stop a rights
Nothing could extinguish his love for her.

46. failure (Noun) SYN. deficiency, lack

Winston is not someone who accepts failure easily.

47. fictitious (Adjective) not true or not real

She gave a fictitious address on the application.

48. fraud (Noun) deceiving people in order to gain something such as money
A worrying trend for insurers has been a rise in fraudulent claims.

49. foundation (Noun) an organization that gives or collects money to be used for special purposes,
especially for charity
The British Council is initially set up for charity foundation.

50. guardian (Noun) a person who has the legal authority to care for incompetent person
His aunt is his legal guardian.

51. habitual (Adjective) doing something from habit, and unable to stop doing it
His drinking had become habitual

52. implication (Noun) the act of showing involvement in something

What are the implications of these proposals?

53. incompetent person (Noun) lack of legal ability in some respect

The Prime Minister is incompetent to govern the country.

54. indemnity (Noun) a duty to make good any loss, damage, or liability incurred by another

 Indemnity is the money paid for damage or loss.

55. inducement (Noun) an act that is intended to persuade someone or something

Nothing could induce me to climb a mountain.

56. infirmity (Noun) bad health or a particular illness

She suffered from a long list of infirmities.

57. intention (Noun) the willingness to bring about something planned or foreseen
I have no intention of changing my plans.

58. interested person (Noun) a person having a property right or claim against a thing
He is an interested person in this case.

59. interest rate (Noun)

I got a loan with an interest rate of 10%

60. intoxication (Noun) a diminished ability to act with full mental and physical capabilities because of
alcohol and drug consumption
He used to claim that he had his best ideas after several days of intoxication.

61. insane (Adjective) suffering from one or more delusions or false beliefs
I sometimes think I am going insane.

62. invalid (adj.) not legally or officially acceptable

Without the right date stamped on it, your ticket will be invalid.

63. juristic acts (Noun) an act that is intended to create, transfer, extinguish a right and that is effective
in law for that purpose
One element of juristic act is lawful and voluntary purpose.
64. juristic person (Noun) artificial person
In legal sense, person is divided into real person and juristic person.

65. lawful purpose SYN. a legal objective, a legal goal

Her action is in lawful purpose.
66. legal capacity the role in which one performs in his ability
Having legal capacity is power provided under law to a person to enter into binding contracts.

67. legal relation the connection in law between one person or entity and another

The legal relations between workers and management are generally good.

68. legal representative one who stands for or acts on behalf of another
This lawyer is Mr. Smiths legal representative.

69. legal effect to bring about; to make happen

The divorce had a big mental and legal effect on child.

70. manifestation (Noun) the external expression of intention

These latest riots are a clear manifestation of growing discontent.

71. material breach a breach of contract that is significant

They sued the company for material breach of contract.

72. partial breach a breach of contract that is less significant than a material breach

If you do not deliver on time, you could be sued for partial breach of contract.

73. mature (Adj.) behave like adults in a way that shows they are well developed emotionally

 He is very mature for his age.

74. mental illness a disorder in thought, mood that it impairs judgment

The center provides help for people suffering from mental illness.

75. meeting of the minds (Noun) actual assent by both parties to the formation of a contract

The making of a contract requires the meeting of the minds of the parties.

76. minor (Noun) a person who has not reached full legal age
This movie contains material unsuitable for minors.

77. mistake (Noun) Something that has been done in the wrong way
His work is always full of mistakes.

78. modify (rights) to change something slightly in order to improve it

The repair work involved modifying two of the windows.

79. negotiation (Noun) a consensual bargaining process in which the parties attempt to reach agreement
on a disputed matter
The Thai government opened negotiation with the IMF for another loan.

80. notify (Verb) to formally or officially tell someone about something

You will be notified of any changes in the system.

81. null (Noun) having no legal effect

The contract was declared null and void.

82. objective (Adj.) something which you plan to do or achieve

Her main objective is simply to stay in power.
83. obtain (Verb) to get something
In the second experiment they obtained a very clear result.

84. offer (Noun) the act or an instance of something for acceptance

Thank you for your offer of help.
85. offeror (Noun) one who made the offer
The person who made the offer is the offeror.

86. offeree (Noun) one to whom an offer is made

If the offer is accepted by the offeree, a contract is formed.

87. obligation (Noun) a legal or moral duty to do or not do something

The firm has an obligation to its customers.

88. ownership (Noun) own something

Do you have any proof of ownership for this car?

89. party (Noun) one who takes part in a transaction

He was helping the two parties to reach an agreement.

90. performance (Noun) the successful completion of a contractual duty

The Court will not compel the performance of contract of personal service, nor those which require
the use of personal skill.

91. period (Noun) a length of time

She spends long periods away from home for work.

92. prodigality (Noun) wasteful with money

There are rumors that the manager has been prodigal with company funds.
93. prohibition (Noun) something is official forbidden
The government announced a policy of prohibition on smoking on buses.

94. public policy principles and standards regarded by the legislature or by the courts as being of
fundamental concern to the state and the whole of society
The Court will not enforce any agreement which is contrary to public policy.

94. ratify (Verb) to make an agreement official

Many countries have now ratified the UN convention on the rights of the child.

95. reasonable time the time needed to do what a contract requires to be done
If a contract does not fix a specific time for performance, the law will impose a reasonable time for
such performance.

96. remedy (Noun) legal or equitable relief

The program is one remedy for discrimination.

97. repudiate (Verb) to refuse to accept or continue with something

He repudiated all offers of friendship.

98. requirement (Noun) to need or make necessary

A good degree is a minimum requirement for many jobs.

99. restoration (Noun) the act or process of returning something to its good condition or position

Major restoration work will begin in May.

100. rescission of contract a partys unilateral unmaking of a contract for a legally sufficient reason,
such as the other partys material breach
Rescission of a contract is the destruction or annulling of a contract.
101. revocation (Noun) an annulment, cancellation or reversal usually an act or power
After the third accident, her driving licence was revoked.

102. seller (noun) a person who sells goods

This car is our biggest seller at the moment.

103. standard form (Noun) a usually preprinted contract containing set clauses, used repeatedly by a
business or within a particular industry with only slight additions or modifications to meet the specific
situation
A standard form of contract is a contract between two parties that does not allow for negotiation.

104. sui jurist (Noun) full age and capacity

A person, on the completion of twenty years of age, ceases to be a minor and becomes sui juris.

105. security (Noun) safety from attack, harm or damage , ,

The information received is highly confidential and relates to internal security.

106. stipulate (Verb) if an agreement, law or rule stipulates something, it must be done
Laws stipulate the maximum interest rate that banks can charge.

107. substantial (Adj.) important or real

His decision was based on nothing more substantial that his dislike of foreigners.

108. surety (Noun) one who pays money or perform other acts in the event that his or her principal fails
therein
Her brothers are acting as sureties for her.

109. quasi-incompetent person (Noun) a person who is temporarily impaired by mental illness, mental
deficiency, physical illness
 A qualified member shall vacate his office prior the expiration of his term upon being adjudged
quasi-incompetent person.

110. terms (Noun) a word or phase; esp. an expression that has a fixed meaning ,
Penalty clauses are terms of contracts that seek to impose upon a party to the contract.

111. transfer (Verb) to move someone or something from one place to another
We were transferred from one bus into another
.
112. unsound mind person (Noun) a person who lacks sufficient understanding to make or
communicate responsible personal decisions or to enter into contracts
He was not a person of unsound mind that he had been confined solely by administrative action.

113. unilateral contract a contract in which only one party makes a promise or undertakes a
performance
In a unilateral contract, one party makes a promise in exchange for an act or abstention from
acting by another party.

114. unlawful purpose SYN. illegal objective, illegal goal

A contract with an unlawful purpose may not be enforced by either party at law.

115. void (Noun) no legal effect

Running the business helped to fill the void after his work died.

116. voidable (Noun) valid until annulled

A voidable contract is one initially valid, but where one or more of the parties has a right of
election to avoid or continue to validate.

117. validity (Noun) able to be accepted

You will need a valid passport.
118. written agreement (Noun) a contract whose terms have been reduced to writing

You could not opt out of paying for support without the written agreement of your landlord.

119. will (Noun) a persons declaration of how he or she desires his or her property to be disposed of
after death
Have you made a will yet?

120. willingness (Noun) the mental to control or direct your thoughts

We were impressed by his willingness to listen and learn.

 Review exercises

Part 1 Complete the following text using the following words in the box. (10 points)
basis fraud lawful persons contract

voluntary will duress intention juristic

public objective void voidable moral

Juristic acts and contract law are the (1) to other fields of civil and commercial
law. According to section 149 of Thai Civil and Commercial Code, the elements of juristic acts
are composed of four important principles. These are (2) and (3) acts. The people
who wish to make a legal act must have a (an) (4).. without (5).. or (6)
to establish (7).. relations between (8).. in order to create, modify, transfer,
preserve or extinguish rights.

Moreover, the objective of the juristic acts should be considered. For instance, if people
make legal acts contrary to (9) order or good (10)... the act is (11)..
.

The categorization of the types of juristic acts is basically divided into two groups. The
first type is called one party juristic act such as making a .(12) or setting up a
foundation. The second type is called two parties juristic act such as the formation of
(13)... .

Part 2 Replace the underline words with other appropriated words.

It is not overstated that contract law is (14) the basic to other fields of law. It is a promise
or a set of promises for the (15) breach of which the law gives a (16) a remedy, or in some way
recognizes a duty. To form a contract, there are four necessary (17) elements: these are mutual
assent, capacity, intention and legal benefit.
 1. Mutual assent. (18) The parties to a contract must manifest (19) by words or conduct
that they have (20) agreed to enter into a contract.

2. Capacity. The parties to a contract must have contractual capacity. Certain persons
have no legal capacity such as (21) minors, (22) incompetent persons. These persons have limited
capacity to contract.

3. Intention. It is assumed that contracting parties intend to create legal relations,

particularly in commercial circumstances. However, the purpose of a contract must not be against
public policy.

4. (23) Legal benefit. Each party to a contract must intentionally exchange a benefit or
incur a legal detriment as an inducement to the other parties to make a return exchange.

.
 References

, .. 2498-. 6.
: , 2551.
, -. 5.
: , 2551.

BRIEGER,N., Test Your Professional English (Law). Essex: Pearson Education Limited, 2002.
BROWN,S.W., Legal Terminology. New York: Thomson Delmar Learning, 2006.
BROWN,G.D., Professional English in Use (Law). Cambridge: Cambridge University Press,
2007.
CAMBRIDGE Advances learners dictionary. 2nd edition. Cambridge University Press, 2005.
GARNER,B.A., Blacks law dictionary. 8th edition. West, 2004.
LONGMAN exams dictionary (Your key to exam success). 4th edition. Pearson ESL, 2007.
MACMILLAN English dictionary for advanced learners. 2nd edition. Macmillan Education,
2007.
OXFORD Advances learners dictionary. 7th edition. Oxford University Press, 2005.
TAN, D., A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd, 2008.
 Chapter 4 General concept of criminal law
4

(The Objective of Study)

120

(Content)
(General Concept
of Thai Criminal Law) (The Categorization of Criminal
Offences) (The Outcome of Criminal Case)

(Activities and Teaching Methodology)

1. (Group Discussion )
2. (Lecture)
3. (Problem-based Learning :PBL)

(Teaching Equipment)
1.
2. Power Point Presentation

(The Assessment)
1. (Pre-Test and Post-Test)
2. (Peer Review Discussion)
 Pre-test (Chapter 4)

Part 1: Match the words with Thai definition. (10 points)

. 1. wrongdoers a.
. 2. penalty b.
. 3. manslaughter c.
. 4. arson d.
. 5. assassination e.
. 6. commit a crime f.
. 7. kidnapping g.
. 8. intentionally h.
. 9. accidentally i.
10. imprisonment j.

Part 2: Choose the most appropriate answer to the following questions.

11. He has served 12 years in prison and the authorities will him tomorrow.
a. force b. release
c. detain d. declare

12. .. is a way of getting money from people by threatening to publicise facts they do
not want revealed.
a. murder b. robbery
c. blackmail d. bigamy

13. He was .. on a charge of abducting two Cambodian girls.

a. arrested b. abused
c. addicted d. avoided
14. The highest level of criminal punishment is the sentence.
a. risk b. dangerous
c. jail d. death

15. What does this phase Nulla poena sine lege mean?
a. No punishment without law b. No law no punishment
c. No one can be punished d. No law can punish wrongdoers

16. .. takes the main responsibility in the investigation process.

a. Prosecutor b. Police Officer
c. Lawyer d. Instructor

17. What is the main reason for kidnapping a person?

a. money b. property
c. ransom d. victim

18. What is the most important element to consider in sentencing?

a. the act b. testimony
c. the victims d. intention

19. Which word is the synonym of death sentence?

a. manslaughter b. execution c. evidence d. guilty

20. What can we call a period of time when a criminal must not commit any more crimes?
a. projector b. proton c. process d. probation
 Chapter 4 General concept of criminal law
4

The study of general concept of criminal law is divided into four main areas. These are
the study of crimes, Mens rea and Actus reus, the classification of crimes and the outcome of a
criminal case.

4
(The study of crimes)
(Mens rea and Actus Reus)
(The categorization of crimes) (The Outcome of a
criminal case)

What is crime?
The study of criminal law is about the study of crime. There are many definitions of
crime but in this class, I will give some instances of crime definition.

1. Crime is a positive or negative act in violation of penal law. It is an offence against state.
2. Crime is an act or omission, which makes it an offence against morality.

2

1.

2.
Capital and continuous crimes
Capital crime is a crime for which the death penalty may be imposed. For example,
capital murder is punishable by death.

Continuous crime consists of a series of acts that extend beyond the period the crime was
initially committed. It is a crime that involves ongoing elements. For instance, carrying a weapon
or illegal drugs importation are two examples of the continuous crime.

The general concept of Thai Criminal law

Section 2 Paragraph 1 A person shall be criminally punished only when the act done by
such person is provided to be an offence and the punishment is defined by the law in force at the
time of the doing of such act, and the punishment to be inflicted upon the offender shall be that
provided by the law.

14 .. 2509

A person shall be criminally punished only when the act done by him is provided to be
an offence and the punishment is defined by the law in force at the time of the doing of such act,
and the punishment to be inflicted upon the offender shall be that provided by the law.


If, according to the law provided afterwards, such act is no more an offence, the person
doing such act shall be relieved from being an offender; and, if there is a final judgment inflicting
the punishment, such person shall be deemed as not having ever been convicted by the judgment
for committing such offence.

If, however, he is still undergoing the punishment, the punishment shall forthwith
terminate."28

Section 59 A person shall be criminally liable only when such person commits an act
intentionally, except in case that the law provides that such person must be liable when such
person commits an act by negligence, or except in a case of the law clearly provides that such
person must be liable even though such person commits an act unintentionally.

Paragraph 2 To commit an act intentionally is to do an act consciously and at the same

time the doer desired or could have foreseen the effect of such doing.

Paragraph 3 If the doer does not know the facts constituting the elements of the offence,
it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

Paragraph 4 To commit an act by negligence is to commit an offence unintentionally

but without exercising such care as might be expected from a person under such condition and
circumstances, and the doer could exercise such care but did not do so sufficiently.29

28
, .. 2504-. 6. : ,
27-28 .
29
22 2531
 2
59 2

2 Nulla Poena Sine lege (No punishment
without law) 59

(condition)
(circumstance)

From article 59 of Thai Criminal Code, it reflects some important criminal offence
structures. These are mental intent and the elements of crimes (Actus Rea and Mens rea )
The most important element to consider in sentencing is the intention of the wrongdoers.
To commit a crime, we should look at the state of mind of the person (Mens Rea-mental intent
and actus rea that actual activity is composed of all elements of the offence.)30
Person must have the mens Person must perform the Committing
rea-the required mental actus rea-the actual activity the crime
intent- to commit the that makes up the elements of
particular crime the crime

30
BROWN,S.W., 2006. Legal Terminology. New York: Thomson Delmar Learning, pages 20.
() (
)

Mental states
The mental states tell us the intention wrongdoers on committing crimes. Under the
auspices of the Thai Criminal Code, we separate the mental states into three levels. They are
purposely (Section 59 paragraph 2), knowingly (Section 59 paragraph 2) and negligently (Section
59 Paragraph 4).

3 (Purposely)
(Knowingly) (Negligently)

22 .. 2531

Criminal liability ()
By the Penal Code criminal liability arises when a person commits an act intentionally,
that is to say, does an act with consciousness in so doing, and at the same time the doer desired,
or could have foreseen the effect of such doing.

Such liability may also arise, if the law so provides, in negligence, when an offence is
committed not intentionally, but without exercising such care as might be expected that a person
in such state would take according to the nature and circumstances, and the doer could exercise
such care but did not sufficiently do so.



31

Felonies and misdemeanours

Felonies are usually punishable by at least a year in prison. Rape, arson and murder are
examples of felonies whereas a misdemeanor is usually punishable by fine or imprisonment of
not more than a year.

1

1

Criminal punishment

The criminal punishment under section 18 of the Thai Criminal Law is divided into five
grounds. These are death penalty by injection (section 19), imprisonment, confinement, fine and
forfeiture of property. Moreover, the court may declare the probation for some cases when he
found that the defendant has never committed a crime.

18
5
(probation)

31 .. 2508

31
, .. 2504-. 6. : ,
86-87.
 The punishment or sanction which is attached by the law to breaches or violations of the
criminal law is (whatever other purpose punishment may serve) intended to provide one motive
for abstaining from these activities.


32

Criminal activity and criminal liability

There are many people who get involved in committing crimes. The criminal law
encompasses the entire criminal process from investigation and arrest, to conviction and
sentencing.
There are many people in the criminal process: the accused, police officers, prosecuting
attorneys, criminal defenses attorneys, judges, witnesses, probation officers, and correction
officers.
Under Thai Criminal Code, the parties to crime is composed of principal (section 83),
accomplice (section 84) and accessory (section 86).
Principal is the person who actually perpetrates the crime.33
Accomplice is the person who knowingly, voluntarily and with the same intent to
promote or facilitate such commission by soliciting, aiding, abetting, agreeing or attempting to
aid in the planning or commission of the offence.
Accessory is the person who aided in the commission of the crime. The accessory may
have commanded the crime be committed, given advice, or instigated or helped conceal the
crime.

Conspiracy refers to a combination agreement between two or more person for the
purpose of committing by their joint effort in a criminal act.
32
, .. 2504-. 6. : ,
25.

33
, .
: , 39-40.

()
( )
( )

The classification of criminal offences

under Thai Criminal Code
1. Offences relating to state security ()
1.1 Offences against the King, Queen and other members of royal monarchy
- Assassination is killing a public figure illegally and intentionally
1.2 Offences against internal and external state security
1.3 Offences against foreign relations
1.4 Terrorism

2. Offences relating to administration ()

2.1 Offences against the governmental officer
- Bribery (Section 144) is the offering, giving, receiving or soliciting of something of
value for the purpose to get someone to do something to help you.
2.2 Offences against the official duties

3. Offences against justice ()

3.1 Offences against the judicial officer
- Malfeasance in office/ Nonfeasance in office (Section 157)
- Perjury (Section 177) is the criminal offense of making false statements under oath.
 3.2 Offences against the official duties

4. Offences relating to religion ()

5. Offences relating to public order ()

- Treason is the action of betraying your country to a foreign power.

6. Offences relating to peoples harm (

)
- Arson is the action of setting fire to a building.
Section 217 Whoever, firing to the things belonging to the other person, shall be
imprisoned as from six months to seven years
Tampering with food, drugs (Section 236) is to make change to something which you
should not have enough knowledge when you are trying to damage it.
7. Offences relating to Forgery and Counterfeiting (
)
- Forgery is the creation of a false document or the material alteration of a document
with the intent to defraud someone.
- Counterfeiting is the imitating of banknote without authority and with the intent to
deceive someone by using the copied item as being original.

8. Offences relating to trade ()

9. Sexual Offences ()
- Rape (Section 276) is the crime of forcefully having sex with someone against their
wish.
- Pandering (Section 283) is the crime of inducing female to become a prostitute
- Pimping (Section 286) is a person who controls prostitutes especially by finding
customers and takes some of the money that they earn
- Obscenity (Section 287) is the material appealing to the prurient interest of the average
person, depicts sexual conduct in a patently offensive manner.
10. Offences against life and physical harm ()
- Murder (Section 288) is an intentional killing of another person
- Murder with premeditation and malice (Section 289(4))
- Manslaughter (Section 290) is an unintentional killing with no intent, no premeditation
and malice.
- Inducement to commit suicide (Section 292 and 293)
- Battery (Section 295) is intentional and wrongful physical contact with a person
without his consent that involves injury or offensive touching.
- Child abandonment (Section 306)

11. Offences against freedom and fame ()

- False imprisonment (Section 310) is a crime of detention or confinement of a person.
- Kidnapping (Section 313) is the act of forcing someone to go somewhere, often using
violence for the purpose of getting ransom.

12. Offences against property ()

-Larceny (Section 334) is an act of dishonestly by taking something which belongs to
someone else and keeping it.
-Burglary (Section 335(8)) is the way of entering a building illegally and stealing things.
- Extortion (Section 337) is a criminal offense which occurs when a person unlawfully
obtains either money, property or services from a person through coercion.
- Blackmail (Section 338) is a way of getting money from people by threatening to
publicize facts they do not want revealed.
- Robbery (Section 339) is derived from larceny when a person threatens immediate
serious bodily injury.
- Gang-Robbery (Section 340) is the robbery action which is composed of at least three
criminal wrongdoers.
- False Pretenses (Section 341) is a crime of obtaining money or property by making
false representation of fact.
 -Embezzlement (Section 352) is the willful taking of anothers money or property by
converting anothers property to his or her own use and possession.
- Receiving stolen property (Section 357) consists of four elements: (1) the property
must be received; (2) it must have been previously stolen; (3) the person receiving the property
must know it was stolen; and (4) the receiver must intend to deprive the owner of his or her
property.
- Malicious Mischief (Section 358) is the willful damaging of the property of another.
- Trespass (Section 362) is a wrongful interference with the possession of property.

The outcome of a criminal case

1. A criminal investigation ends with no arrest.
2. An arrest occurs, but the case is dismissed because the police illegally seized the only evidence
of crime.
3. A person is arrested and charged with a crime, then enters into a plea bargain with the
government, agreeing to plead guilty in exchange for some form of leniency, such as a lighter
sentence.
4. A person is brought to trial and found not guilty, or acquitted by a judge.
5. A person is convicted by a judge and sentenced to a long term prison.

1.
2.

3. (make a confession)

4.
5.
 Glossary of Criminal law vocabulary
(Alphabetical Order)

1. abandonment (Noun) to leave a place, thing or person forever ,

Abandonment of children, sick or aged persons is an offence punishable under Criminal law.

2. accessory (Noun) someone who helps a criminal

An accessory is one who either successfully incites someone to commit a crime or help him to
do so.

3. accomplice (Noun) someone who helps another person to do something illegal or wrong

The murderer was arrested but the accomplice got away.

4. accused (Noun) someone who has committed a crime

The accused is brought before the court.

5. acquit (Verb) to state officially that someone is not guilty

She was finally acquitted of the charges.

6. act (Verb) one thing that you do

Crime is an act or omission, which makes it an offence against morality.

7. actus reus (the actual activity that makes up the elements of the crime)
Actus reus is the external element or the objective element of a crime.

8. advice (Noun) an opinion that someone gives you about the best thing to do
Tenant involved in a dispute with their landlord should seek legal advice.
9. aggravate (Verb)
She aggravates the libel action by her refusal to apologize.
10. aid (Verb) SYN. help, assist
The police tried to enlist the aid of the public in solving the crime.

11. alteration (Noun) the process of making change

After a few minor alterations, the system will be introduced throughout the company.

12. arise (Verb) to happen

Should the opportunity arise, I would love to go to the United States of America.

13. arrest (Verb) police take someone away and guard them because they may have done something
illegal
A man is under arrest.

14. assassination (Noun) killing a public figure illegally and intentionally

An assassination is to murder by a sudden or secret attack for political reasons.

15. assault (Noun) a violent attack

He was charged with sexual assault.

16. arson (Noun) the crime of intentionally starting a fire in order to destroy something, especially a
building
Arson is the intentional or reckless destruction or damaging of property by fire without a
lawful excuse.

17. attempt (Noun) to try to do something especially something difficult

He attempted to escape through a window.
18. bail (Noun) a sum of money which a person who has been accused of a crime pays to a law court

He was remanded on bail of $100,000.

19. battery (Noun) the crime of hitting someone

He was charged with assault and battery.

20. blackmail (Noun) when someone tries to get money and make you do what they want by
threatening to tell other people your secrets
He was jailed for four years for blackmailing businessmen.

21. bribery (Noun) the act of giving bribes

She was found guilty of bribery.

22. burglary (Noun) the crime of getting into a building and steal things
Most burglaries happen at night.

23. capital crime (Noun) SYN. capital offense

Murder is an example of capital crime.

24. circumstance (Noun) fact, event or condition

The company reserves the right to cancel this agreement in certain circumstances.

25. charge (Verb) to accuse a person of an offense

Several people were arrested but nobody was charged.

26. commit crime (Verb) to do something wrong or illegal

Women commit fewer crimes than men.

27. combination (Noun) two or more different things that exist together
 This drug can be safely used in combination with other medicines.

28. conceal (Verb) to hide something carefully

The path was concealed by long grass.

29. condition (Noun) all the things that affect the way something happens
Under these conditions, the fire can do what requires least effort.

30. conduct (Verb) to organize or perform a particular activity

He was criticized for his conduct of the inquiry.

31. confession (Noun) admit that you have done something wrong or illegal
A confession is admissible if made voluntarily.

32. confinement (Noun) the state of being forced to stay in a closed space
In this case, there shall be no confinement in lieu of fine.

33. confiscation (Noun) a punishment of taking something away from someone

Their land was confiscated after the war.

34. continuous crime (Noun) a series of acts that beyond the period the crime was initially committed

Carrying a concealed weapon is a continuous crime.

35. conviction (Noun) the fact of having been found guilty

She has two previous convictions for larceny.

36. correction (Noun) the process of changing something in order to solve a problem
The Minister was forced to issue a correction.
37. counterfeit (Adj.) SYN. fake
Are you aware these banknotes are counterfeit?

38. crime (Noun) activities that involve breaking the law

Crime is an offense against a state.

39. criminal (Adj.) connected with or involving crime

She has not committed a criminal offence.

40. criminal proceeding the process of using a court to settle a disagreement

Japan belongs to inquisitory system of criminal proceeding.

41. criminal process A process (such as an arrest warrant) that issues to compel a person to answer for
a crime
The criminal process typically begins with an arrest.

42. conspiracy (Noun) a secret plan by a group of people to do something illegal

They were charged with conspiracy to murder.

43. death sentence (Noun) legal punishment of being killed for serious crime
Premeditated murder is punished by the death sentence.

44. deceive (Verb) to keep the truth hidden from someone for your own advantage
The seller deceives the buyer as to the quality of the goods sold.

45. defraud (Verb) to get money illegally from a person

He was accused of defrauding the company one million baht.

46. detain (Verb) to keep someone in an official place and prevent from leave
A woman has been detained for investigating.
47. detention (Noun) forcing someone officially to stay in a place ,
The Court has the power to issue the writ of detention of the defendant.

48. dismiss (Verb) to say that a legal case should not continue because there is not enough evidence

The case was dismissed.

49. element of crime The constituent parts of a crime usually consisting of the actus reus, mens rea, and
causation that the prosecution must prove to sustain a conviction
An element of crime is a necessary condition for legal proof that a defendant has committed a
given crime.

50. embezzlement (Noun) fraudulent taking of personal property

She was found guilty of embezzlement.

51. encompass (Verb) to include, especially a variety of things ,

The festival is to encompass everything from music, theatre and ballet.

52. entire (Adj.) whole or complete

He had spent the entire journey asleep.

53. enforcement (Noun) the act of compelling with a law

In most cases, the enforcement of law in Thailand is still weak.

54. execution (Noun) SYN. death sentence

He faced execution by injection.

55. extortion (Noun) act of obtaining something by illegal means

He was found guilty of obtaining the money by extortion.
56. felony (Noun) the act of committing a serious crime
Treason is an example of felony.

57. fine (Noun) an amount of money that has to be paid as a punishment for not obeying law
He faces six months in jail and a heavy fine.

58. force (Noun) pressure directed against a person or thing

The police were able to control the crowd by force.
59. forgery (Noun) the act of making false document or altering a real one to be used as if genuine

These banknotes are forgeries.

60. forfeiture (Noun) something (money or property) lost or confiscated by the process
He was deep in debt and faced with forfeiture of his property.

61. gross (Adj.) unacceptable because clearly wrong

It was grossly unfair to demand such a high interest rate on the loan.

62. guilty (Noun) someone who has committed a crime

He was found guilty of murder.

63. imitate (Verb) to behave in a similar way to someone or something else

Some of the younger pop bands try to imitate their musical heroes from the past.

64. impose (Verb) to introduce something such as a new and force people to accept it
They have imposed restrictions on trade with foreign companies.

65. imprisonment (Noun) the punishment of being put into prison

She was sentenced five years imprisonment.

66. injection (Noun) the process of forcing a liquid into something by using pressure
 This medicine is usually administered by injection.

67. inflict (Verb) to force someone to experience something very unpleasant ,

These new bullets are capable of inflicting massive injuries
.
68. instigate (Verb) to make something start, especially an official process
The leaders of the two factions instigated peace talks.

69. intimidation (Noun) make someone feel frightened

She has endured many years of intimidation and violence.

70. investigation (Noun) the process of trying to find out all details in order to discover who or how it
happened
She is still under investigation by the English police.

71. jail (Noun) a place where criminal are kept as part of their punishment
He is serving a seven year jail sentence.

72. joint effort (Noun) something that is done by two or more people
The homework looked as if it had been a joint effort.

73. kidnapping (Noun) illegal take someone away and make them a prisoner
The local businessman was a targeted victim of the kidnapping.

74. knowingly (Adv.) do it deliberately even though you know that what you are doing is wrong or
illegal
She looked at me knowingly.
75. larceny (Noun) the unlawful taking and carrying away of someones else property with the intent to
deprive the possessor permanently
He was found guilty of larceny.

76. leniency (Noun) not a strong in punishment

The lawyer asked for leniency on the grounds of her clients youth.

77. malice (Noun) the wish to harm or upset other people

There certainly wasnt any malice in her comments.

78. manslaughter (Noun) the crime of killing a person by someone who did not intend to do it

He denies murder but admits manslaughter on the grounds of diminished responsibility.

79. mens rea (to require mental intent)

Mens Rea is a criminal intent or evil mind.

80. mental (Adj.) relating to the mind

His mental health has got worse.

81. misdemeanour (Noun) an action which slightly breaks a rule but is not a crime
Alfred beat his children for even the smallest misdemeanour.

82. motive (Noun) reason that makes someone do something

What do you suppose the killers motive was?

83. murder (Noun) the crime of intentionally killing a person

Two brothers have been charged with murder.

84. negligently (Adv.) not taking enough care over something

 He was found guilty of negligent driving.

85. offence (Noun) an illegal act; a crime

Offence is classified by reference to powers of arrest.

86. offender (Noun) one who commits an offence

The primary objective of the criminal law is the punishment of the offenders.

87. omission (Noun) something that has not been included

Measures to control child employment are very obvious omission from new legislation.

88. penal (Adj.) relating to criminal law

The Penal Code of Thailand was promulgated on 13th November B.E. 2499.

89. perjury (Noun) telling lies when you have sworn an oath to say what is true in court

Perjury is a crime committed by a person who willfully makes a statement material in the
proceeding which he knows to be false or does not believe to be true.

90. physical harm (Noun) dangerous connected with the body

There was obviously a great physical harm between them.

91. possession (Noun) have or own something

Please remember to take all your personal possessions with you.

92. premeditation (Noun) done after being thought about carefully planned
The assault was premeditated and particularly brutal.

93. presumption (Noun) something that you think is true

On the presumption that the doctor knows best, I took the medicine.
94. pretense (Noun) a way of behaving that is intended to deceive people
She made absolutely no pretence of being interested.

95. prison (Noun) a building where criminals are force to live as a punishment
He spent a lot of time in prison.

96. probation (Noun) a system that allows some criminals not go to prison
The judge sentenced him to four years probation.

97. probation officer (Noun) someone whose job is to watch, advise, and help people who have broken
the law and are on probation
He works as a probation officer.

98. prohibition (Noun) when something is officially forbidden

London Transport has announced a prohibition on smoking on buses.

99. prosecution (Noun) officially accuse someone of committing a crime in a court of law

A number of the cases have resulted in successful prosecution.

100. punishment (Noun) something that is done in order to punish someone

The court decides what punishment to impose.

101. purposely (Adv.) intentionally

The trial has been purposely delayed.
102. ransom (Noun) a large sum of money which is demanded in exchange for someone release
They demanded a huge ransom for the return of little girl.
103. rape (Noun) to force someone to have sex by using violence
She had been raped and stabbed.

104. relieve (Verb) to make an unpleasant feeling

She was given a shot of morphine to relieve the pain.

105. robbery (Noun) the crime of stealing money using violence

He received ten year prison sentence for armed robbery.

106. sanction (Noun) a form of punishment that can be used if someone disobeys the rule of law

The UN security council may impose economic sanction.

107. seize (Verb) to take something quickly and keep or hold it
He seized his arm and made him turn to look at me.

108. sentencing (Noun) a punishment given by a judge in court to a person after they have been found
guilty of doing something wrong
He got a light sentence.

109. sexual offence (Noun) relating to the physical activity of sex

Being charged with a sexual offense is very serious in the State of Colorado.

110. solicit (Verb) to ask someone for money, information or help

It is illegal for public officials to solicit gifts or money in exchange for favours.

111. suicide (Noun) the act of killing yourself intentionally

The suicide rate among men between the ages of 16 and 25 has risen.

112. trafficking (Noun) buying or selling illegal goods

Drug trafficking is a continuous crime.
113. trial (Noun) the hearing of statements in a court of law
She is going trial for fraud.

114. trespass (Noun) to go on someones building without permission

This is a public footpath and we are not trespassing on someones land.

115. victim (noun) someone who suffers because of something bad

Most homicide victims are under 30.

116. violation (Noun) breaking or acting against law

He had been treated of a gross violation of human rights.

117. violence (Noun) behaviour that is intended to hurt other people physically
There is too much sex and violence on TV these days.

118. warrant (Noun) an official document, signed by a judge or other person in authority
The judge has issued an arrest warrant.

119. witness (Noun) someone who sees a crime and describe what happened
One witness to the accident said the driver appeared to be drunk.

120. wrongdoer (Noun) a person who does something bad or illegal

She has denied any criminal wrongdoer.

 Review exercises
Choose the most appropriate answer.
1. What is a crime?
a. a remedy for civil action
b. a positive or negative act forbidden by law and punishable upon conviction by
death, imprisonment or fine
c. a misdemeanor punishable by a 1,000 baht fine
d. a bad behavior which is abhorred by law abiding citizens

2. Who is not classified as a criminal law player?

a. States Attorney b. District officer c. Police officer d. The accused

3. What does capital crime mean?

a. a crime in which the offender is a minor
b. a serious crime punishable by death
c. an offense against the state
d. an act against morality

4. Which choice is not the outcome of a criminal case?

a. A criminal investigation ends with no arrest.
b. A person is brought to trial and found not guilty, or acquitted, by a jury.
c. A person is convicted by a jury and sentenced to a long prison term.
d. A person bribes a government officer to release him.

5. What can we call the amount of money set by a judge as a condition of pretrial release
from custody?
a. bail b. remuneration c. extra fee d. salary
 6. Which crime is a misdemeanour?
a. A kidnaps B and asking for ransom
b. C has strong intention to set fire Ds house
c. J assaults K for100 baht for cigarettes
d. M has a plan to kill N because of conflict of interests

7. Section 59 paragraph 4 of the Thai Criminal law states To commit an act by

negligence is to commit an offence unintentionally but without exercising such care as might be
expected from a person under such . and . .
From this section, what are two elements of negligence?
a. intention and knowingly b. wrongdoing and offense
c. conditions and circumstances d. care and person

8. What does mens rea mean?

a. mental intent b. elements of crime c. criminal act d. actual intent

9. What does actus rea mean?

a. element of crime b. action against rival c. crime of passion d. capital crime

10. The highest level of criminal punishment is the sentence.

a. dangerous b. jail c. death d. risk

11. What can we call a period of time when a criminal must not commit any more crimes?
a. projector b. proton c. process d. probation

12. Anna was sentenced ten years . .

a. death b. imprisonment c. robbery d. murder

13. What can we call a person who helped in the commission of a crime?
a. conspirator b. accessory c. volunteer d. legally
14. What is the most important element to consider in sentencing?
a. the act b. testimony c. the victims d. intention

15. When the accused pleads guilty, what in reality does he do?
a. He says that he has not committed the crime.
b. He says that he has committed the crime.
c. He says that he will never commit another crime.
d. He says that since he has not committed the crime, he should be released.

16. Which word is the synonym of death sentence?

a. manslaughter b. execution c. evidence d. guilty

17. What does this phase Nulla poena sine lege mean?
a. No punishment without law b. No law, no punishment
c. No one can be punished d. No law can punish wrongdoers

18. What is the main reason for kidnapping a person?

a. money b. property
c. ransom d. victim

19. He was .. on a charge of abducting two Cambodian girls.

a. arrested b. abused
c. addicted d. avoided

20.The defendant is accused of committing several including bank robberies.

a. crimes b. criminals c. warrants d. forces

 References

,
. : , 2548.
, .. 2504-. 6. :
, 2552.

BRIEGER,N., Test Your Professional English (Law). Essex: Pearson Education Limited, 2002.
BROWN,S.W., Legal Terminology. New York: Thomson Delmar Learning, 2006.
Cambridge Advanced learners Dictionary. 2nd edition. Cambridge University Press, 2005.
GARNER,B.A., Blacks law dictionary. 8th edition. West, 2004.
GREASBY,L., Check your vocabulary for law (a workbook for users). 2nd edition. Trend: Peter
Collin Publishing, 1998.
LONGMAN exams dictionary (Your key to exam success). 4th edition. Pearson ESL, 2007.
MACMILLAN English dictionary for advanced learners. 2nd edition. Macmillan Education,
2007.
OXFORD Advances learners dictionary. 7th edition. Oxford University Press, 2005.
 Chapter 5 Practice legal writing
5

(The Objective of Study)

(Content)

(Resume and letter of motivation)
(Legal Opinion) (Summaries of Judicial decision)

(Activities and Teaching Methodology)

1. (Lecture)
2. (Writing Practices)

(Teaching Equipment)
1.
2.

(The Assessment)
1. (Writing Practices)
2. (Class Discussion)
 Pre-test (Chapter 5)

Write down your CV. under these following terms and conditions

You are a fresh law graduate student. You seek for a job as a human resource officer and
a legal officer. You have to put these conditions in your CV,

1. Full name and correspondence

2. Education background
3. Legal area interest particularly labor law and drafting contract skills
4. The advantage of language capability
5. Your expected salary (not less than 17000 Thai currency)
 Chapter 5 Practice legal writing
5

What is Curriculum Vitae or resume?

Curriculum vitae is a document described a summary of your academic and work

history. It is an important document attached with your job application or educational documents.
The content in curriculum vitae is composed of the education background, your professional
experience, new interests and career directions. When your curriculum vitae reaches to
employers or educational institutions, they often spend less than a minute looking at each resume.
The resume is an effective marketing tool to demonstrate your ability in the position you apply
for.

These are many curriculum vitae with the commentary as follows;

The Traditionally presented CV

Anthony Smith
Home address: 4 My Mothers Road, Middle Town, M12 34N
Term address: Flat 1, Inner City Road, University Town, U89 76V
Telephone: 00 00 123456
Email: A.Smith@hotmail.com
Date of Birth: 01/05/1982

EDUCATION
1999-2002 The University of Anytown
BSc (Hons) Biological Sciences (2:1)
Specialised in Animal Science. Main modules included Biochemistry,
Endocrinology, Cardiorespiratory Physiology, Lactation and Indigestion,
Biotechnology and Reproductive Physiology.
Final year project: Determining the precise time of ovulation in a pig in order
 to enhance the efficiency of artificial insemination
1993-1999 Middle Town 6th Form College
A Levels: Biology (B), Chemistry (C), English (C)
GCSEs: 8 GCSEs A-C
WORK EXPERIENCE
Summer 2001 Catering Assistant at R.Owdside Ltd
Prepared food and served customers as part of a team of six
Gained experience of dealing with members of the public
Worked quickly and reliably under pressure
Summer 2000 Lab Technician with Labs R Us
Carrying out routine tasks accurately to produce reliable and precise data
Following strict methodology to carry out analyses
Recording and interpreting results and presenting to supervisor

POSITIONS OF RESPONSIBILITY
Captain of badminton team at University. Organised fixtures, practices and
social events.
Involved in first year Buddy schemes which entailed being responsible for a
small group of first years, ensuring they settled in.
Course representative for final year students. Involved representing interests
and problems of students to staff in meetings

ACTIVITIES/INTERESTS
Sport: I have been a committed member of the badminton team throughout
university
I enjoy aerobics and cross country skiing
Travel: I enjoy experiencing new cultures and have travelled to various parts
of Europe and America.
Other: Italian films, Modern Literature, watching football.
 SKILLS
Driving: Full clean licence
IT: Familiar with Word, Excel and Windows
Languages: Basic French and Italian

REFEREES
Dr E.C Lifenot Mrs Sue Pervisor
Department of Academic Studies R.Owdside ltd
University of Anytown Middletown

Commentary
The traditionally presented CV has a clear and logical order. Many people feel comfortable
creating this format as it adheres to the key areas of information usually required in making a job
application.
It is important to avoid making this style of CV into a bare list or inventory of what you did and
when. As our introductory notes say on the opening page of this leaflet, you need to give a strong
impression of what you got from your experiences in terms of achievements, skills and
knowledge acquired, and a sense of how far your involvement went.
The main drawbacks of this style of CV are that it doesnt really allow you to target your
experiences towards the kind of job you are trying to get. If you wish to do this, then you may
want to consider either a skills based CV.
Law Student CV applying for Training Contract /Law
Vacation Placement

Ed Mann
Address: 16 Anyway road, Cinderhill, Nottingham, NG11 4BD (term-time and vacation)
Telephone: 0115 966 7894 or 07777 000 009
E-mail: mail@guitarmann.co.uk
Date of Birth: 30th June 1983 Nationality: British

CURRENT EDUCATION
University of Nottingham, Law Degree (LLB) from September 2002,
graduating in June 2005
1st Year overall average 74% 1st
Understanding Law 78% 1st
Constitutional Law 75% 2:1
Law of Contract 71% 2:1t
Law of Torts 71% 1st
2nd year modules for 2003-4: Commercial Law, Land Law, EC/EU Law and
Criminal Law.
(Enter 2nd year marks too, if sending off CV after semester exams in January)

1995 2002 Bolton School, Bolton

A Levels: Maths (A) Chemistry (A) and Physics (A)
AS Level: Religious Studies: Ethics (A)
Key Skills: Communication, IT and Application of Number (units: 3
passes)
GSCEs: 12 subjects all at grade A*
ACTIVITIES, INTERESTS AND POSITIONS OF RESPONSIBILITY
Careers Representative of University Law Society 2003-4
My position involves organising careers talks, presentations and helping to arrange
social events such as the law ball. I also participate in Skillegal legal skills
workshops.

Pro Bono Group 2002 - 2004

Lead a team of six to organise and manage legal presentations, delivering legal
information to schools. In addition, I am a student member of the Solicitors Pro Bono
Group.

Human Rights Conference Committee 2002-3

Played a key role in organising the 2004 international Human Rights Student
Conference held at the University. Ssucceeded in attracting eminent international
speakers on a range of topics. Positive feedback was received from the School of
Law, stating it was the most successful conference to date.

EMPLOYMENT /WORK EXPERIENCE

March 2003 Present Okocha Nolan Solicitors, Paralegal / Support (vacation work)
July 2000 January 2003 Agencies:Temporary Paralegal / Secretary
June 1999 July 2000 Jones & Co. Solicitors,Part Time Legal Secretary

Skills / Experience gained in the above positions

Currently specialising in both property (residential/commercial) and private client.
Taking instructions, issuing proceedings, preparing bundles/disclosure, costing and
billing.
Using initiative in legal research accessing and analysing cases, precedents and
practice/procedure.
Developing individually tailored service for clients, adapting practices using client
feedback.
Non-legal temporary work including secretarial/PA support in global professional
services firm
September 2003 KPMG / KLegal Leading Edge Vacation Scheme
Commercial awareness: further insights into the wider business context in which firms
operate
Teamwork and presentation skills: delivering team presentation on aspect of business
Interview technique and interpersonal skills: workshop developing interview /
discussion skills

October 2001 2002 Watts Insurance Company P/T Customer Service Advisor
Supervisor within customer service call centre
Performance monitoring: regularly reviewing personal performance against specific
competencies
Strong leadership skills: sensitive leadership, assisting, training, motivating and
reviewing my team
Presentation skills: giving presentation on people management in order to gain
internal promotion

OTHER SKILLS AND ABILITIES

IT: Office packages, Practice Management, Case Management Systems, online
legal research.
Driving: Full clean licence.
Languages: French intermediate.

INTERESTS AND OTHER ACTIVITIES

Travel Enjoy travelling and regularly visit Europe.
Writing Write for The Advocate the magazine of University Law Society.
Reading Keep up to date with current affairs and legal issues. I read The Lawyer and I
regularly keep up to date by using online sources and by reading the New
Law Journal.
REFEREES
Mr S Allardyce ( tutor), School of Law, University of Nottingham, University Park,
Nottingham, NG7 2RD.
Email: Sam.Allardyce@nottingham.ac.uk Tel: 0115 921 2121 Fax: 0115 921 1212
Mr J. Brown, Head of Sixth Form, Bolton School, Chorley New Road, Bolton BW3 2FC
Email: jbrown@BS.ac.uk Tel: 0204 000 100

Commentary
First year exam marks must be put onto the CV if you are applying for vacation placements
before your semester exams in the January of your second year. They should be included if you
also know your second year marks.
Firms want to see how you are performing all through the degree program.
Firms want to see involvement in University activities.
If you can get legal experience all well and good other experience is valid (commercial,
community work etc)
Try and give detail of activities and not statements that are not evidenced e.g. I developed
excellent communication skills Employers want to know what skills in what context.
What is statement of purpose?

Your cover letter is an excellent opportunity to communicate your personality,

enthusiasm and professional strengths to a potential employer. It gives you a chance to highlight
those experiences and interests that make you a unique applicant. Also, keep in mind that your
letter gives the employer a sample of how well you write. As with your resume, be careful about
typos. Vary your sentence structure to keep the employer interested; for example, do not begin
every sentence with "I (verb)."

When writing to employers who have indicated specific job openings, you should draft a
cover letter with the same creativity you put into your resume. Try to set a personal, yet
professional, tone in your cover letters that adds a sense of who you are as an individual, why you
are interested in this particular employer and why you will work well at that particular office. The
less standardized your letter is, the better it will be remembered.

First, try to address your cover letter to the particular person responsible for hiring in
each office. Simply call the personnel office or hiring contact and ask for the hiring attorney's
name. Avoid addressing a letter "to whom it may concern." Show that you took the initiative to
find out the person's name and title. Remember to confirm all contacts' information, as changes
are inevitable. If possible, mention the name of the person who referred you to the job, as this is
one highly effective form of networking. When all else fails, you can address your letter to the
"Hiring Coordinator." In addition, be sure to spell-check your letter and edit any grammatical
mistakes.

Your cover letter can convey more fully who you are than your resume. Go into detail
about your background and skills instead of reiterating what is already on your resume. Cover
letters should never serve simply as letters of transmittal. More and more, interview decisions rest
on the employer's sense of you as a person. Your cover letter plays a pivotal role in creating this
impression.
Length & Tone
Cover letters should be about a full page long. Your letter is an uninterrupted chance to
tell an employer about yourself and to add depth to the credentials highlighted on your resume.
Treat the cover letter much like a one-sided interview, using a slightly informal, conversational
tone to convey your interest in the job and the relevant experiences that qualify you for the
position.

Paragraph of Introduction
The first paragraph of your letter should serve to identify you (e.g., I am a first year
student at Harvard Law School) and should explain why you are contacting them (e.g., I am
interested in a summer internship with your office.). Mention how you learned about the
organization or the specific job opening, whether it was from a friend, a previous intern in the
office, an article in the paper, a speaker on a panel or a job announcement.

Qualifications & Interests

The middle paragraphs should stress those work experiences that are most relevant to the
position without merely rehashing the descriptions in your resume. This section should include
your public service experience, leadership positions, relevant course work, etc. Weave a story
that explains your background and ends with why you are seeking work with this particular
employer (e.g., your interest in civil rights).

Focus on how your skills fulfill the employer's needs. Doing so will show not only that
you recognize your own capabilities, but that you also have done research about and understand
the organization.

In this section, the employer expects to find out why he or she should consider you for
the job. For this reason, you have to distinguish yourself from the crowd. Displaying genuine and
informed enthusiasm for the position goes a long way, particularly when it is linked to your own
work experience.
Concluding Paragraph
The last paragraph should thank the employer for his or her consideration, provide your
telephone number and indicate that you will call within the next few weeks to set up a time to
meet. Let out-of-town employers know if you will be in their area at some time in the near future
in order to facilitate scheduling an interview.

1595 Darlington Ave - 57

Cambridge, MA 02138-8212

October 26, 2006

Stuart Rappaport, Esq.

Public Defender of Santa Clara County
County Government Center, West Wing
70 West Hedding Street
San Jose, CA 95110

Dear Mr. Rappaport:

I am a third year Harvard Law student determined to pursue a career as a public defender upon
graduation. I am particularly interested in working for your office and would like to speak to you
about the opportunities available.

As you can see from the enclosed resume, I have a strong background in criminal defense work.
During the summer after my first year of law school, I worked for the Public Defender Service
for the District of Columbia, where I helped attorneys prepare for trial and conducted extensive
research on whether juveniles could be granted jury trials under district law. In my second
summer I interned for the North Carolina Resource Center, researching issues for capital trials
and appeals, writing court documents and meeting with death row inmates. Perhaps my most
gratifying work experience came in interviewing a woman on death row about her childhood,
looking for signs of abuse to support her appeal. Working with her confirmed my commitment to
client-based criminal defense work.
 In addition to my summer positions, I have taken every opportunity possible to prepare
myself for a career in criminal defense. I have completed virtually every criminal law course
offered by Harvard Law School. Through my work on the Women's Law Journal, I have refined
my research and writing skills. My training during the Trial Advocacy Workshop has helped me
to develop the strong oral advocacy skills critical in the courtroom, which I am now putting to use
in the Criminal Justice Institute clinical program.

My academic and professional training, combined with my passion for criminal defense
work, make me a strong candidate for a public defender position. I would appreciate the chance
to
discuss my qualifications with you. I can be reached at (617) 555-6452 and will call your office
in the next few weeks to speak about the possibility of setting up an interview. Thank you for
your time and attention.

Sincerely,
Elizabeth Weiss
70 Park Street, Apt. 41
Somerville, MA 02143

November 7, 2006

Derek K. Childress
Attorney Recruitment Coordinator
U.S. Securities & Exchange Commission
450 5th St., NW
Washington, D.C. 20549

Dear Mr. Childress:

I am a third year law student at Harvard Law School and am interested in pursuing a
career representing the government in securities and finance fraud cases. The focus of the U.S.
Securities and Exchange Commission on enforcing the law in the financial and business world
for the public good, rather than for private interests, is the perfect fit for my interests and skills.
I spent my first summer in law school as a summer associate at a small litigation firm in
Portland, Oregon, honing my research and writing skills. During my second summer, I worked at
Davis, Polk & Wardwell in New York, where I assisted attorneys in a complex financial fraud
case. Although I enjoyed the substantive legal matters involved in the case, I found myself more
engaged by the prosecution's arguments. In my third year of law school, I enrolled in a clinical
placement at the United States Attorney's Office in Boston, investigating the prior convictions of
a repeat felon, helping to prepare the present case against him and assisting during the trial. I
found the work both in and out of court tremendously compelling, reaffirming my interest in
becoming a federal lawyer.

While in law school, I have taken numerous courses on finance, including Corporations,
Bankruptcy and Consumer Finance, which have strengthened my understanding of securities and
finance. As the Notes Editor for the Journal on Legislation, I have gained significant experience
with collaborative and detail-oriented work and have further refined my research, writing and
analytical abilities.
 The skills I have gained during my three years at Harvard Law School and the strong
commitment I have to working on securities fraud issues make me a qualified candidate for a
Staff Attorney position at the Securities and Exchange Commission. I have enclosed a resume
for your consideration and will contact you next week to discuss my candidacy. If you wish to
reach me, please call (617) 624-2120. Thank you in advance for your time and I look forward to
speaking with you soon.

Sincerely,
Daniel Jacobson
 References

Websites
www.law.harvard.edu/current/careers/opia/landing-your-job/sample-cover-letters.html
www.nottingham.ac.uk/careers
 Bibliography

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ASKEY,S., and MC.LEOD,I., Studying law. Macmillan, 2007.

BRIEGER,N., Test Your Professional English (Law). Essex: Pearson Education Limited, 2002.
BROWN,S.W., Legal Terminology. New York: Thomson Delmar Learning, 2006.
BROWN,G.D., Professional English in Use (Law). Cambridge: Cambridge University Press,
2007.
Cambridge Advanced learners Dictionary. Second Edition. Cambridge University Press, 2005.
CRUZ, P.D., Comparative law in a changing world. 3rd edition. New York: Routledge, 2006.
GARNER,B.A., Blacks law dictionary. 8th edition. West, 2004.
GIFIS, S.H., Barrons Dictionary of Legal Terms. 3rd edition. New York: 1998.
GREASBY,L., Check your vocabulary for law (a workbook for users). 2nd edition. Trend: Peter
Collin Publishing, 1998.
LONGMAN exams dictionary (Your key to exam success). 4th edition. 2007.
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MC.BRIDE, N.J., Letters to a law student. Essex : Pearson Education Limited, 2007.
Oxford Advanced learners Dictionary. 7thedition. Oxford University Press, 2005.
TAN, D., A Primer of Thai Business Law. Bangkok: P. Press Co., Ltd, 2008.

Websites
www.bangkokpost.com
www.en.wikipedia.org/wiki/Cilil_law_legal_system
www.ldoceonline.com
www.law.harvard.edu/current/careers/opia/landing-your-job/sample-cover-letters.html
www.longmanonline.com
www.nottingham.ac.uk/careers