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LEGAL ENGLISH

Some of the exercises have been adapted from the following handbooks, published by EJTN:

(1) English for Judicial Cooperation in Criminal Matters. Handbook. 2012/2015. ISBN:
9789081999045.
(2) Handbook. The Language of Cybercrime. 2017. ISBN: 9789081999090.
(3) Handbook. English for Human Rights’ EU Law. 2017. ISBN: 9789081999083.
1. Fill in the gaps with the appropriate term:

1. When you are representing a party in court you say that you are _________ a party.

2. When there’s more than one judge sitting together they sit _________________.

3. When a case is heard with no public it is heard _________________________.

4. When a case is heard with public it is heard ___________________________.

5. A lawyer who is working/in active service is called a _________________ lawyer.

6. When a judge is dealing with a case he is ___________________________ it.

7. When a court supports the decision of a lower court: to ___________________.

8. When a court does not support the decision of a lower court: _______________.

9. Another way of saying “temporary measures” is _________________ measures.

10. The opposite of a minor crime is a _____________________________ crime.

11. The delivery of court documents is called the _________________________.

12. When it is someone’s responsibility to prove a case it is called the ________ of proof.

13. If someone is “accused” of three offences s/he is ____________ with those offences.

14. When a sentence is too “hard”, you say that it is too ______________________.

15. When a sentence is too “soft”, you say that it is too _______________________.
2. Multiple choice.
[Source: adapted from “Language training on the vocabulary of judicial cooperation in criminal matters”. EJTN, 2015]

1. They thought the defendant was responsible for the damage, but no one could ________
anything against him.
a) accuse b) talk c) prove d) charge
2. The new law ___________ into ___________ on June 15.
a) comes … condition b) comes … date c) enters … force d) enters … power
3. The lawyer gave me _________________________.
a) an advice b) some good advice c) some good advices d) good advicing
4. I ____________ to say anything unless I am allowed to speak to my solicitor.
a) deny b) neglect c) refuse d) resist
5. The judge will hand down the ________________ tomorrow.
a) penalty b) punishment c) judgment d) verdict
6. The police don’t have _______________ information about the suspect’s whereabouts.
a) no b) any c) some d) none
7. The man involved in the riot made a(n) _____________ to the police.
a) account b) notice c) statement d) summary
8. The victim ______________ the crime at the local police station.
a) denounced b) reported c) informed d) stated
9. The defendant was finally __________________ for murder.
a) charged b) condemned c) denounced d) convicted
10. Under the civil and criminal procedural codes, judges have to give a __________ judgment.
a) reasoned b) grounded c) justified d) based
11. The court may, _____________ or at the request of a party, issue an order.
a) of its own motion b) of its self motion c) on its own power d) of its authority
12. I solemnly declare that I shall give evidence to the best of my ____________ and belief.
a) wisdom b) capacity c) knowledge d) awareness
13. The defendant, while in __________________ , was interrogated by police officers.
a) custody b) retention c) protection d) imprisonment
14. The confession was admitted into evidence despite the ……………… of defence counsel.
a) protest b) objection c) complaint d) opposition
15. You have the right to remain ____ , and anything you say may be used against you in court.
a) mute b) dumb c) quiet d) silent
16. Everyone has the right to a _____ and public hearing by an independent and impartial court.
a) just b) fair c) correct d) equitable
17. Do the authorities know where ___________________?
a) does the claimant lives b) does the claimant live c) the claimant lives
3. Give the “plain English” equivalent for each of the following expressions and try
to pronounce them in English.

1. HABEAS CORPUS

2. PRIMA FACIE

3. RATIO DECIDENDI

4. AD LITEM

5. A PRIORI

6. AD HOC

7. ALIAS

8. ALIBI

9. DE FACTO

10. DE IURE

11. IN ABSENTIA

12. IN FLAGRANTE DELICTO

13. INTER ALIA

14. PER SE

15. STATUS QUO


4. Give the appropriate term/expression for each definition:
1.Body of principles and rules of law passed by Parliament:
2. Each of the sections of a court:
3. Illegal act:
4. Punishment imposed on a person after a criminal trial:
5. Area and matters over which a court has legal authority:
6. Court order requiring someone to appear in court on a certain day to give evidence:
7. Document giving the police the power to arrest someone for a crime:
8. Finding that a person charged with a crime is not guilty:
9. Finding that a person charged with a crime is guilty:
10. Unlawful, premeditated killing of a human being by another:
11. Unlawful killing of a human being without the intention of doing so:
12. Claim by an accused person that s/he was somewhere else when an act was committed:

5. Fill in the blanks with the correct option. Some of them are used more than
once.
an offence, the facts, the oath, the evidence, guilty, a verdict, a fine, an enquiry, a
case, sentence, evidence, an action, proceedings, a prison sentence, a crime

1) To try ______________________________________
2) To hear ______________________________________
3) To reach ______________________________________
4) To pass ______________________________________
5) To impose ______________________________________
6) To conduct ______________________________________
7) To assess ______________________________________
8) To bring ______________________________________
9) To institute ______________________________________
10) To punish ______________________________________
11) To commit ______________________________________
12) To plead ______________________________________
13) To give ______________________________________
14) To return ______________________________________
15) To serve ______________________________________
16) To take ______________________________________
6. Basic criminal vocabulary
Complete the following sentences with the verbs in italics (choose the appropriate
tense).

arrest, acquit, charge, find, interrogate, plead, quash, seize, sentence, try

a) He was ____________________ to an eight-month juvenile term.

b) He was ___________________ with murder.

c) On appeal, the conviction was ________________________.

d) Once at the police station, he was ________________ in the presence of counsel, but
refused to answer most of the questions.

e) The conviction was quite surprising to him, since he expected to be


______________________.

f) The jury _____________ him guilty, although he had ______________ not guilty.

g) The judge who was __________ the case found the evidence presented by the
prosecution admissible.

h) The youth was __________ at his home, where computer equipment was _________
containing evidence of his illegally tampering with websites.
7. Match the names of offences to the corresponding definitions. The first one has
been done for you.
[Source: Language training on the vocabulary of judicial cooperation in criminal matters. EJTN, 2012]

burglary assault arson Murder smuggling robbery assassination manslaughter


perjury libel theft Slander espionage obscenity unlawful assembly embezzlement

1 theft Taking away property that belongs to another person.

2 Killing a human being without intention, premeditation or malice or in


mitigating circumstances.

3 Killing a public figure by sudden or secret attack for political, religious or any
other reason.

4 An act or utterance that is offensive according to current moral or decency


standards.

5 Meeting in secret in order to organize unlawful activities.

6 Unlawfully killing another person with malicious intent.

7 Intentionally and maliciously setting fire to property with the intent to cause
damage.

8 A defamatory statement against a person by written or representational means.

9 Entering an inhabited building where people live or work with the express
intention of stealing something.

10 To cause physical harm.

11 Defaming a person by means of oral statements that damage that person’s


character or reputation.

12 Unlawfully taking property that belongs to another person by using violence or


intimidating threats.

13 Making a false statement while under oath.

14 To dishonestly withhold or make use of money or assets which you are looking
after for someone else.

15 Obtaining secret or confidential information (e.g. from other companies) by


unlawful means.

16 Transporting goods or persons in and out of a country, prison or building by


violating national or international laws and regulations.
8. Some European Arrest Warrant (EAW) offences (from the list of
32)
[Council Framework Decision on the European Arrest Warrant and the surrender procedures between MS]

Match the name of the offence with the definition:


Rape Corruption Kidnapping Terrorism
Armed robbery Sabotage Swindling Extortion
Illegal restraint Hostage-taking Grievous bodily harm
Laundering of the proceeds of crime Unlawful seizure of aircraft/ships
Counterfeiting currency Trafficking in human beings
Illicit trafficking in narcotic drugs and psychotropic substances
Illicit trade in human organs and tissue

1. Trade of humans, most commonly for the purpose of forced labour, sexual slavery, or
commercial sexual exploitation for the trafficker or others.
2. The use of intentionally indiscriminate violence as a means to create terror or fear, in order
to achieve a political, religious, or ideological aim.
3. Distributing and/or selling substances banned under drug prohibition laws.
4. A type of sexual assault usually involving sexual intercourse or other forms of sexual
penetration carried out against a person without that person's consent.
5. Forging money; making fake replicas of money.
6. Obtaining money, property, or services from an individual or institution, through coercion.
7. Wounding (or causing serious physical harm) to a person with intent.
8. Selling human organs, tissues or other body parts for the purpose of transplantation.
9. Taking someone, usually by force, in order to compel another party to act, or refrain from
acting, in a particular way, often under threat of serious physical harm to the person(s) after
expiration of an ultimatum.
10. Getting money dishonestly from someone by deceiving or cheating that person.
11. Taking something of value by force, threat of force, using weapons.
12. In very general terms, illegally restricting someone’s liberty.
13. The intentional obstruction of an activity or deliberate destruction of property.
14. Transforming the money obtained from criminal activities into apparently legitimate assets.
15. Unlawfully taking a person away and holding him/her against their will, asking for a ransom
in return.
16. Aircraft or ship hijacking.
17. A form of dishonest or unethical conduct by a person entrusted with a position of authority,
often to acquire personal benefit.
9. Vamvakas vs. Greece
Press release
(Source: Handbook. English for Human Rights’ EU Law. 2017)

ECtHR 117 (2015)


09.04.2015
a) Read the following text:

1 Absence of assigned counsel: Court of Cassation failed to ensure practical


2 and effective respect for defence rights
3 In today’s Chamber judgment in the case of Vamvakas v. Greece (no.2) (application
4 no. 2870/11) the European Court of Human Rights held, unanimously, that there had
5 been:
6 a violation of Article 6 §§ 1 and 3 (c) (right to a fair hearing / to be assisted
7 by counsel) of the European Convention on Human Rights.
8 The case concerned the unexplained absence of the applicant’s assigned counsel from
9 a Court of Cassation hearing in the criminal proceedings against him.
10 The Court found that the Court of Cassation had failed to ensure practical and effective
11 respect for Mr Vamvakas’ defence rights. When faced with the manifest default of the
12 assigned lawyer, it should have adjourned the proceedings to clarify the situation
13 rather than dismiss the appeal on points of law as not maintained, especially as the
14 decision was final.
15 Principal facts
16 The applicant, Alexandros Vamvakas, is a Greek national who was born in 1953.
17 On 16 January 2006 Mr Vamvakas was sentenced to eight years’ imprisonment for
18 fraud and forgery to the detriment of a bank. When a hearing was to be held on 20 May
19 2009, Mr Vamvakas informed the Criminal Court of Appeal that he would not be
20 present but would be represented by two lawyers. However, neither of them turned up.
21 The court assigned him a lawyer and adjourned the hearing until 27 May 2009 to give
22 the lawyer time to study the file.
23 On 27 May 2009 the Court of Appeal reduced Mr Vamvakas’ sentence to seven years’
24 imprisonment.
25 On 1 June 2009 Mr Vamvakas appealed on points of law and asked the President of
26 the Court of Cassation to assign him a lawyer to represent him in the proceedings. In
27 the light of Mr Vamvakas’ indigence, on 2 January 2010 the President appointed Mr
28 F.K. to represent him at any hearings.
29 In a judgment of 25 February 2010 the Court of Cassation dismissed the appeal on the
30 grounds that the applicant, who had been summoned to the hearing, had not appeared.
31 According to Mr Vamvakas, he had contacted Mr F.K., who had assured him that he
32 would be at the hearing; however, Mr F.K. did not attend the hearing nor did he inform
33 Mr Vamvakas of the reasons for his absence, either beforehand or afterwards.
34
35 Complaints, procedure and composition of the Court
36 Relying on Article 6 § 1 (right to a fair hearing) and 6 § 3 (c) (right to be assisted by
37 counsel), Mr Vamvakas alleged that he did not have effective legal assistance in the
38 context of his appeal on points of law, because the lawyer who had been assigned to
39 him by the Court of Cassation was not present at the hearing and his appeal was
40 dismissed as a result.
41 Decision of the Court
42 Article 6 §§ 1 and 3 (c) (right to a fair hearing and right to be assisted by counsel)
43 As the Court had stated on many occasions, the purpose of the Convention was to
44 protect rights that were not theoretical or illusory but practical and effective, and the
45 appointment of counsel did not in itself ensure the effectiveness of defence rights. The
46 State sometimes had to act where problems of representation before the courts were
47 drawn to its attention. However, Article 6 § 3 (c) obliged authorities to intervene only
48 where the default of an assigned lawyer was manifest. In such cases, when put on
49 notice, the competent authorities had to replace the defaulting lawyer or oblige him to
50 perform his mission, without which the notion of free legal assistance would be
51 meaningless.
52 Where a lawyer, especially one who had been officially assigned, decided not to act in
53 a case or was prevented from appearing at a hearing, he or she had a duty to inform the
54 assigning authority of the situation and to do all that was necessary as a matter of
55 urgency to preserve his or her client’s rights and interests. Mr Vamvakas’ lawyer,
56 appointed on 2 January 2010 for the hearing of 5 February 2010, did not seem at any
57 time to have explained that he was unable to pursue his mission. It was unlikely that,
58 as he had said, he had contacted the registry of the Court of Cassation to request the
59 adjournment of the hearing, because he would certainly have been informed that a
60 telephone call was not a proper means of notification for that purpose under domestic
61 law – it was necessary for a written request to be sent or for a fellow lawyer to appear
62 on the day of the hearing to ask for an adjournment.
63 Since it was impossible under Greek law to reverse a decision to find an appeal on
64 points of law inadmissible, it had been for the Court of Cassation to enquire about the
65 reasons for the nonappearance of Mr Vamvakas’ lawyer. The Court of Cassation had
66 indeed been confronted with a situation of “manifest default” – the unexplained
67 absence of the lawyer Mr F.K. from the hearing held one month and three days after
68 his appointment, without any request for adjournment having been received from him
69 – requiring the court to adjourn its proceedings in order to clarify the situation rather
70 than dismiss the appeal on points of law as not maintained.
71 Consequently, as the Court of Cassation had failed to ensure practical and effective
72 respect for Mr Vamvakas’ defence rights, the Court found that there had been a
73 violation of Article 6 §§ 1 and 3 (c).
74 Article 41 (just satisfaction)
75 The Court held that Greece was to pay Mr Vamvakas 2,000 euros (EUR) in respect of
76 non-pecuniary damage.
b) Explain the meaning of the following words from the text and, where possible,
give synonyms or near-synonyms:
a. Counsel:
b. Chamber:
c. Application:
d. Unanimously:
e. Violation:
f. Proceedings:
g. Adjourned:
h. Decision:
i. Final:
j. Sentenced:
k. Turned up:
l. Represent:
m. Judgment:
n. Summoned:
o. Notification:

c) Provide antonyms for the following:

Effective: Fair: Assisted: Explained:

Practical: Respect: Manifest: Final:

Present: Inform: Legal: Theoretical:

Competent: Meaningless: Necessary: Able:

Likely: Certainty: Proper: Written:

Possible: Reverse: Admissible: Appearance:

Reconcilable:
10. Fill in the gaps with the correct word form, using the clues given.
1) There is room for further …………………..…… (act) on the part of the European Union to
ensure full …………………..…… (implement) and respect of the Convention standards.
2) The …………………..…… (procedure) rights of suspected or accused persons are particularly
important in order to safeguard the right to a fair …………………..…… (try).
3) Whilst various measures have been taken at European Union level to guarantee a high
level of …………………..…… (safe) for citizens, there is an equal need to address specific
problems that can arise when a person is suspected or accused in criminal proceedings.
This calls for specific action on procedural rights, in order to ensure the …………………..……
(fair) of the criminal proceedings.
4) The 2004 Hague Programme states that further realization of mutual …………………..……
(recognise) as the cornerstone of judicial cooperation implies the …………………..……
(develop) of equivalent standards of procedural rights in criminal proceedings.
5) A lot of progress has been made in the area of judicial and police cooperation on measures
that facilitate …………………..…… (prosecute). It is now time to take action to improve the
balance between these measures and the …………………..…… (protect) of procedural rights
of the individual.
6) A suspected or accused person should receive …………………..…… (inform) about the nature
and cause of the …………………..…… (accuse) against him or her. A person who has been
charged should be entitled, at the appropriate time, to the information necessary for the
…………………..…… (prepare) of his or her ………….…… (defend).

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