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LEGAL ENGLISH · LEGAL ISSUES · UPPER-INTERMEDIATE (B2-C1)

LEGAL
VOCABULARY
IN USE
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1 Warm up

Part A: Decide who is represented by each of the photographs from the following options.

barrister judge jury solicitor

1. 2. 3. 4.

Part B: Now match these answers with the definitions below.

1. a type of lawyer in the UK who gives specialised legal advice and can argue
a case in both higher and lower courts
2. a person who is in charge of a trial in a court and decides how a person who is
guilty of a crime should be punished or who makes decisions on legal matters
3. a type of lawyer who is trained to prepare cases, give advice on legal subjects
and can represent people in lower courts
4. a group of people who have been chosen to listen to all the facts in a criminal
trial and to decide if a person is guilty or not guilty, or if a claim has been
proved

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2 Legal vocabulary
Part A: Match the vocabulary with the correct definition.

1. armed robbery (n) a. a covering of hair that can be removed and is worn on the
head to hide a lack of hair or to cover your own hair
2. indictable (adj.) b. a person who sees a crime or an accident

3. appeal (n) c. the rooms used by a barrister or a group of barristers

4. conviction (n) d. a request made to a court of law or to someone in authority


to change a previous decision
5. brief (n) e. the fact of officially being found guilty of a particular crime,
or the act of officially finding someone guilty
6. witness (n) f. a document that shows the facts of a legal case that will be
argued by a lawyer in a court
7. prenuptial agreement (n) g. making it possible for someone to be accused officially of a
crime
8. firm (n) h. an official document signed by two people before they get
married that says what will happen to their possessions
and/or children if they divorce
9. chambers (n) i. a business that is engaged in the practice of law

10. wig (n) j. the crime of stealing from somewhere or someone using
weapons

Part B: Complete the sentences with the missing words from Part A. You may need to change the
form of the word.

1. After I graduated, I joined a that specialises in property law.

2. He committed a number of serious crimes, such as .

3. Wearing a brings a sense of tradition and formality to legal proceedings.

4. Initially, the man was found guilty, but he made an to a higher court
and was found not guilty.

5. offences are normally more serious and result in longer sentences.

6. The divorce was straightforward as they had a .

7. She already had a number of before she committed the crime.

8. All the details of the case and the witnesses’ statements were contained within the
.

9. The majority of barristers’ are in London as this is where most of


the courts are.

10. Many saw the crime being committed and were able to give evidence.

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3 Listening for gist

You will hear a podcast about the roles of barristers and solicitors. State what the following figures
relate to.

1. four years →

2. 220,000 →

3. 250,000 →

4 Listening comprehension

Listen to the podcast again in more detail and choose the correct answer.

1. Where do trials for serious crimes take place?

a. Family Court

b. Chambers

c. Crown Court

2. What does a defence barrister have to prove?

a. that their client is not guilty

b. that their client is innocent

c. that they have sufficient evidence

3. What might a brief contain?

a. recommendations for the judge

b. witnesses who will be called

c. a summary of family law

4. Why do barristers often share chambers?

a. to save on certain costs

b. to be able to get advice from solicitors

c. to be nearer to the courts

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5 Legal vocabulary

Complete the following sentences using the words and expressions below. You may need to change
the tense of some of the words.

bound breached duty of care liable


precedent sentencing guidelines severity standard of proof

1. Employers have a to protect their workers and visitors.

2. The prosecuting barrister argued that the defendant was and should
pay compensation.

3. The judge´s ruling was based on a set by a previous decision.

4. He claims the city council their contract by selling the property.

5. The of the crime meant that he was given a prison sentence.

6. The contract meant she was legally to not spend any of the money.

7. According to , someone found guilty of stealing from a shop can


receive a prison sentence of up to three years.

8. They submitted enough evidence that the was met and the accused
was found guilty.

6 Reading comprehension

Read the three texts about civil, criminal, and common law (page five). Decide whether the following
statements are true (T) or false (F).

1. Under civil law, the person who is accused is known as the claimant.

2. Breaches of civil law often involve the payment of compensation.

3. If you are accused of a crime, you always face a trial in the County Court.

4. Criminals might have to pay a financial penalty.

5. Judges usually have to follow the decisions made in previous cases to resolve a dispute.

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Civil law concerns cases between people or between people and organisations.
Breaches of civil law involve offences that are harmful towards another person,
their rights, or their property. In civil law, the person bringing the claim is called
the "claimant". The person accused is referred to as the "defendant". These types
of cases are typically centred around establishing whether the defendant had a
duty of care towards the claimant or not. Unlike criminal law, you will not be sent
to prison if you are found guilty. Those who are convicted of a civil offence are
however usually liable for compensation. The standard of proof used for civil law
cases is based on "the balance of probabilities".

Criminal law relates to offences that have a negative impact on society, not just
one person. When a person commits a criminal act, in breach of criminal law,
then they will face a trial at the Magistrates’ Court or the Crown Court. If found
guilty of a crime, they will receive a penalty in line with the legislation and
sentencing guidelines. This may be a fine, community order, or even a prison
sentence, depending on the severity of the crime. The standard of proof required
for a conviction is that the crime happened "beyond a reasonable doubt".

Common law is the legal system used in England and Wales. It is mainly based on
the idea of precedent - when a court makes a decision about a case, that decision
then becomes a part of the law. For example, murder is not illegal in England
because of a law made by the government, but because of the decisions of
judges in earlier murder cases. Furthermore, if a court finds that a similar dispute
as the present one has been resolved in the past, the court is bound to follow the
reasoning used in the previous decision. However, it is possible for governments
to add to or modify common law via Acts of Parliament.

7 Reading: general understanding


Look at the headlines below and decide whether, if brought to court, they would be civil or criminal
cases.

1. Woman sues hospital after misdiagnosis

2. Eight men arrested for suspected drug trafficking

3. Police investigate arson attacks

4. Woman’s death the latest in a string of murders

5. Shop assistant sues boss after injury at work

6. Man takes building company to court over badly-built kitchen

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8 Talking point
In civil cases, the standard of proof is based on the balance of probabilities, while in criminal cases it
is beyond a reasonable doubt.

1. Which do you think involves a higher level of proof?


2. Why do you think the level of proof is different depending on the type of law?

9 Legal vocabulary
Complete the definitions by using a word from the box below.

compensation decision evaluation evidence


evidence facts mistake resolving

1. submission (n) - a suggestion or request that is given to a judge who is asked to make a
about it

2. witness statement (n) - a signed document recording the of a witness

3. claim form (n) - a formal written request to someone for

4. Particulars of Claim (n) - a document setting out the case of a claimant that specifies the
relied upon

5. disclose (v) - make available

6. dispute resolution procedure (n) - the process of a dispute between


different parties through mediation

7. flaw (n) - a fault, , or weakness

8. judicial discretion (n) - a judge’s power to make a decision based on their personal
, guided by the principles of law

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10 Making a criminal claim


The statements below are steps in the civil litigation process. Put the steps in the correct order.

The judge makes their decision. The losing party normally has to cover the winner’s costs. This
amount is down to judicial discretion.
Parties are required to disclose all the relevant documents in their possession.

Barristers sum up the evidence and make submissions on the relevant law.

A Claim Form is submitted to the court and to the defendant that includes the Particulars of
Claim. This states a summary of the facts against the defendant.
Parties are encouraged to use alternative dispute resolution procedures (ADR) to avoid costs. If
this is unsuccessful, the court sets down a timetable to progress the issue to trial.
The defendant has 28 days in which to respond if they wish to defend the claim.

During the trial, witnesses give evidence. They are cross-examined to reveal flaws in their case.

Witness statements are exchanged, which set out the facts that they will testify to in court.

11 Homework/optional extension
Task A: Complete the following sentences using words or phrases from the lesson.

1. A prepares cases for court and offers advice on legal matters.

2. Before they got married, both parties signed a .

3. A young woman who saw the accident was called to give evidence as a .

4. When he makes an against the decision, he hopes the judge makes


a different verdict.

5. The judge followed the and sent him to prison for three years.

6. The is high in murder trials as a person’s freedom is at stake.

7. The original legal had been set three years earlier in a previous case.

8. Before a trial, both parties are expected to evidence to each other.

9. Property damage is a crime that is dealt with by law.

10. She appealed unsuccessfully against her for murder.

Task B: Discuss the questions in pairs or small groups.

1. Is there a similar system of solicitors and barristers in your country?


2. Why do you think juries are used in criminal cases?
3. Have you ever served on a jury, or do you know anyone who has?

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Transcripts

3. Listening for gist

Presenter: Hi, and welcome to Law Today. On this episode, I will be speaking to Alma Thomas,
a solicitor, and David Cook, a barrister. So, David, I believe you were in court this
morning.

David Cook: That’s right, I was the prosecuting barrister in an armed robbery case.

Presenter: What is a typical sentence for this type of crime?

David Cook: It ranges from four years to life imprisonment, depending on the details.

Presenter: And which type of court did the trial take place in?

David Cook: In the Crown Court, where indictable offences are heard. These are serious crimes,
such as rape or murder. It is also where appeals against convictions are heard.

Presenter: As a prosecuting barrister, what is your role?

David Cook: Well, my job is basically to present the jury with enough evidence to persuade them
that a defendant is guilty of the crime they have been accused of. I argue their case
as strongly as possible, often using my knowledge of legal precedent.

Presenter: How does this differ from a defence barrister?

David Cook: Unfortunately for me, the defence barrister does not have to prove that the
defendant is innocent, just that they are not guilty.

Presenter: And how do you prepare?

David Cook: It depends on the case, but quite often a lot of the pre-trial work is done by a solicitor
like Alma.

Alma Thomas: Yes, I prepare briefs, which give a summary of the evidence we intend to present on
behalf of our client, and detail the witnesses we plan on calling to give evidence. The
defence and the prosecution receive each other’s briefs to ensure a fair trial.

Presenter: And how may solicitors work in the UK?

Alma Thomas: Erm, roughly 220,000.

Presenter: And what other tasks do you have?

Alma Thomas: Well, I specialise in family law, so my work often revolves around issues like divorce
and separation, child arrangements, and prenuptial agreements. In general, I offer
specialist advice and guide my clients through the legal process. Over 250,000 cases
pass through the family courts each year, so I´m always busy! It is very rare that I
defend them myself in court, although I am permitted to do this in some of the lower
courts.

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Presenter: What other differences are there between a solicitor and a barrister?

Alma Thomas: Erm, most solicitors work for large companies called firms, while barristers tend to
be self-employed.

David Cook: Yes, but we often work in the same offices, known as chambers, in order to share
administration costs. Also, solicitors don´t have to wear a wig when they go to work
as I do! (fading)

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Key

1. Warm up

Part A:
5 mins.
Encourage students to work together and share their answers.

1. judge 2. barrister 3. solicitor 4. jury


Part B:
5 mins.
Highlight the fact that ‘lawyer’ is a general, umbrella term for solicitors and barristers. Solicitors typically prepare
cases for barristers to present in court.

1. barrister 2. judge 3. solicitor 4. jury

2. Legal vocabulary

Part A:
5 mins.
Check students’ pronunciation of complicated words. Ask students to complete the task unaided at first, but give
them assistance if necessary.

1. → j. 2. → g. 3. → d. 4. → e. 5. → f.
6. → b. 7. → h. 8. → i. 9. → c. 10. → a.
Part B:
5 mins.
Students should use the context of each sentence to guide them, looking at what type of word will be needed in
each sentence.

1. firm 2. armed robbery


3. wig 4. appeal
5. Indictable 6. prenuptial agreement
7. convictions 8. brief
9. chambers 10. witnesses

3. Listening for gist

5 mins.
Students should read the numbers before listening to the discussion. They should get a general understanding of
the podcast while listening to the specific information.

1. the minimum sentence for armed robbery


2. roughly, the number of solicitors practising in the UK
3. the number of cases that pass through the family courts each year

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4. Listening comprehension

5 mins.
Students should listen for key words and synonyms of key words. The answers appear in the same order as the
questions.

1. c. 2. a. 3. b. 4. a.

5. Legal vocabulary

5 mins.
This might be the first time students have come across some of these terms, so help them if necessary. Ask them
to break down some of the expressions, such as "duty of care" in order to arrive at the right answer.

1. duty of care 2. liable 3. precedent 4. breached


5. severity 6. bound 7. sentencing guidelines 8. standard of proof

6. Reading comprehension

5 mins.
Make sure that students understand that civil and criminal law are branches of the legal system in the UK, but the
system used is common law.

1. F - they are known as the defendant


2. T - Those who are convicted of a civil offence are however usually liable for compensation.
3. F - When a person commits a criminal act, in breach of criminal law, then they will face a trial at the Magistrates’
Court or the Crown Court.
4. T- If found guilty of a crime, they will receive a penalty in line with the legislation and sentencing guidelines.
This may be a fine...
5. T - ...if a court finds that a similar dispute as the present one has been resolved in the past, the court is bound
to follow the reasoning used in the previous decision.

7. Reading: general understanding

5 mins.
Explain what arson is and, if necessary. Encourage students to compare their answers.

1. civil 2. criminal 3. criminal


4. criminal 5. civil 6. civil

8. Talking point

5 mins.
Explain that "beyond a reasonable doubt" requires a higher standard of proof as criminal cases are more serious
and often can result in someone losing their liberty.

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9. Legal vocabulary

5 mins.
Explain to students that they should attempt the exercise unaided at first, checking the pronunciation of difficult
words, and asking them to give examples.

1. decision 2. evidence 3. compensation 4. facts


5. evidence 6. resolving 7. mistake 8. evaluation

10. Making a criminal claim

5 mins.
Although students might not be familiar with the process, they can look at how the different steps link to one
another to arrive at the correct answer.

A Claim Form is submitted to the court and to the defendant that includes the Particulars of Claim. This states a
summary of the facts against the defendant.
The defendant has 28 days in which to respond if they wish to defend the claim.
Parties are encouraged to use alternative dispute resolution procedures (ADR) to avoid costs. If this is
unsuccessful, the court sets down a timetable to progress the issue to trial.
Parties are required to disclose all the relevant documents in their possession.
Witness statements are exchanged, which set out the facts that they will testify to in court.
During the trial, witnesses give evidence. They are cross-examined to reveal flaws in their case.
Barristers sum up the evidence and make submissions on the relevant law.
The judge makes their decision. The losing party normally has to cover the winner’s costs. This amount is down
to judicial discretion.

11. Homework/optional extension

Task A:
10 mins.
Students should look back at the previous exercises if they are unsure.

1. solicitor 2. prenuptial agreement


3. witness 4. appeal
5. sentencing guidelines 6. standard of proof
7. precedent 8. disclose
9. civil 10. conviction
Task B:
5-10 mins.
Encourage students to ask questions and to convey their ideas, correcting any mistakes they make and encouraging
them to extend their answers.

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