Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Faculty of Law and Political Sciences of Tunis

Semester: One

September 2023 - December 2023

English course

Level: Second Year Law Students

Teachers: Abdallah Chouchene * Henda Fidha * Nouha Chebbi

Teacher coordinator: Nouha Chebbi

Prepared by: Nouha Chebbi

Assessment:

The student’s final mark in the English subject is worked out on the basis of two components:

-The oral mark, worth 20 % of the final grade, is assigned to continuous assessment (oral
examination- presence- homework- presentations -contribution in class- test…)

- two written exams, worth 80 % of the final grade, fixed in the course of the semester.

Course Outline: I legal education

II Legal Writing

III Alternative Dispute Resolution

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

GETTING TO KNOW YOU

My full name is……………………………………………………………………………………………………………. My age is ……

When you have leisure time, what do you like to do?............................................................................

What careers are you interested in?......................................................................................................

I hate………………………………………………………………………………………………………………………………………………….

I like…………………………………………………………………………………………………………………………………………………..

The best thing about me is ……………………………………………………………………………………………………………….

The worst thing about me ………………………………………………………………………………………………………………..

A good student is one who is ………………………………………………….………………………………………………………..

What makes a really good teacher?........................................................................................................

What makes a not good teacher?............................................................................................................

If you could change anything about yourself, what would it be?...........................................................

My favourite college subject is …………………………………………………………………………………………………………

When I finish my license, I would like to work as …………………………………………. in …………………………….

In ten years, I hope to have accomplished the following three things:

1. ………………………………………………………………………………………………………………………………………….
2. …………………………………………………………………………………………………………………………………………
3. …………………………………………………………………………………………………………………………………………

I am looking forward to learning………………………………………………………………………………………..in this class.

I am nervous about………………………………………………………………………………………………………… in this class.

My main goal this university year is to …………………………………………………………………………………………………

What can you say about your level of English? …………………………………………………………………………………….

Motivation is very important in language learning? Do you think you have a strong motivation, or are you
unmotivated, i.e. you have no motivation, or are you demotivated, i.e. you have lost
motivation?.......................................................................................................................................

General personality: Ask yourself, which of these tend to describe you best?
(shy/outgoing/patient/curious/sensitive/self-confident/vulnerable/ cooperative/creative/ tolerant/
original/lazy/unfriendly/impatient/calm/rational/understanding/angry/helpful/ambitious/hardworking/aimless

Learning style: What type of learner you are? (visual / auditory/ kinaesthetic/ group/ individual/reflective/
impulsive/ analytic/ autonomous?

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Find someone who

Directions: Find someone who fits the description and have them sign your sheet. Collect as many
different names as possible. Write their name on the line. Do not repeat any names. Keep moving
and try to talk to everyone in the room at least once.

1. Someone who has the same first name as you have. ………………………………………………………………
2. Someone who is born in the same month as you. …………………………………………………………………..
3. Someone who can speak four languages………………………………………………………………………………..
4. Someone who has visited a foreign country……………………………………………………………………………
5. Someone who has appeared on tv………………………………………………………………………………………….
6. Someone who loves pets ……………………………………………………………………………………………………….
7. Someone who has more than 3 siblings………………………………………………………………………………….
8. Someone who has broken a bone or had stitches…………………………………………………………………..
9. Someone who is an only child…………………………………………………………………………………………………
10. Someone who wears the same size shoe as you …………………………………………………………………….
11. Someone who dislikes chocolate……………………………………………………………………………………………..
12. Someone who likes to eat snails………………………………………………………………………………………………
13. Someone who has been arrested…………………………………………………………………………………………….
14. Someone who is not happy to study law …………………………………………………………………………………
15. Someone who is zealous about studying law…………………………………………………………………………..
16. Someone who spends less than two hours with his/her phone every day……………………………..
17. Someone who does not have a Facebook account …………………………………………………………………
18. Someone who does not use Instagram…………………………………………………………………………………..
19. Someone who doesn’t have a Tiktok account………………………………………………………………………..
20. Someone who checks his/her email everyday………………………………………………………………………
21. Someone who has an app for learning English downloaded in his phone?................................
22. Someone who dreams of pursuing his/her studies (MA/Phd) abroad? ………………………………..

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

LEGAL ENGLISH : HOW MUCH DO YOU KNOW

How many legal systems you know?

……………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………

How are the branches of law divided?

…………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………

Can you name areas/fields of law?

……………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………

Find synonyms of the word ‘laws’

……………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………….

What are the other ways of saying ‘to apply the law’…………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………….

What are the other ways of saying to ‘disrespect the law’…………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………

How can you refer to those who do not apply the law?........................................................................

………………………………………………………………………………………………………………………………………………………….

How can you describe those who respect the law?................................................................................

Name the legal professions you know?..................................................................................................

…………………………………………………………………………………………………………………………………………………………..

Name the types of legal documents you know…………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………..

Name the types of courts you know……………………………………………………………………………………………………

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Let’s remember

• The UK and the US: A shared past

‘Common law’ first started hundreds of years ago with the Magna Carta in the UK and, as a
former British colony, the US shares this common law ideology although it is now based on the
US constitution. Both countries apply ‘common law’ or ‘case law’ as it is often referred to in
the US as a form of authority for legal decisions, by using earlier relevant judiciary rulings for
how to apply a law under certain circumstances as a guide for subsequent legal cases
(precedent).
• Common law is the legal system which is the foundation of the legal systems of most of the
English-speaking countries of the world, based on customs, usage and court decisions (also
case law, judge-made law)
• Civil law is the legal system developed from Roman codified law, established by a state for
its regulation; area of the law concerned with non-criminal matters, rights and remedies
(opposed to criminal law)

Courts can be distinguished with regard to the type of cases they hear.
The court systems in both the UK and the US are very similar to one another.

Minor criminal and civil offences are handled by magistrate courts, which are often referred to
as state courts in the US. For more serious crimes or civil cases, the Crown Court in the UK or
the District Court in the US will handle these cases before being passed onto the Courts of
Appeals (or appellate courts) and the Supreme Court if necessary.

Lawabsolute.com

Cases begin in lower courts (Crown Court in the U.K., District Court in the U.S.), then move on
to Courts of Appeals, and are finally resolved in a single Supreme Court, if necessary.

It is important to note that the U.S. does not have a “Tribunal System” as the U.K. does for
certain disputes. There are, however, niche courts for certain types of cases (e.g. bankruptcy court
is a separate type of federal court). In the U.S., parties may also agree to submit to binding
arbitration or mediation as a means of alternative dispute resolution in certain cases. This often
provides a less costly, more streamlined, and less adversarial way to conclude conflicts.

onlinelaw.wustl.edu

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Legal education: A call to the Bar

Objectives:

-to give to the student an overview of the legal education in both the UK and the USA

- we are going to have a look at the notion of legal occupations and explain basic

terms which refer to the people who work in these jobs.

The text

In English speaking countries, the Bar is a term for the legal profession itself, while a bar
association is the association which regulates the profession. A person who qualifies to
practice law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him or
her unable to practise law.

The following is an excerpt from a guide written for school leavers about courses of study in
English speaking countries. This section of the guide deals with the study of law and the
requirements for entering the legal profession in the UK and the USA.
Read the text and say whether legal education in your country is more similar to the UK or the
US model.

Studying law in the UK

In the UK, a legal education usually begins with the completion of a bachelor degree in law,
known as an LLB1, which usually takes three years. In the subsequent vocational stage, a
person who wishes to become a barrister joins one of the Inns of Court before beginning
the Bar Vocational Course. The completion of this stage is marked by a ceremony referred
to as the call to the Bar. A third stage, known as pupillage, is a year-long apprenticeship,
usually at a set of barristers’ chambers, which customarily consists of groups of 20-60
barristers. Similarly, a person wishing to become a solicitor must also complete three stages:
the first stage involves gaining a law degree; the second stage requires passing a one-year
Legal Practice Course (LPC); and the final stage entails working for two years as a trainee
solicitor with a firm of solicitors or in the legal department of a local authority or large
company.

Studying Law in the USA

In the USA, a legal education comprises four years of undergraduate study followed by three
years of law school. A law school graduate receives the degree of juris doctor (J.D). In
order to qualify as lawyer, a law-school graduate must pass the bar examination.

1 LLB is an abbreviation of the Latin ‘Legum Baccalaureus’ which translates to a Bachelor of

law degree or Bachelor degree in law.
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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

1) Find terms with the word ‘bar’ in the introduction to this section and in the text
above which matches these definitions.

1 a lawyer who is qualified to plead on behalf of clients ………………….

2 In the UK, a training course which enables people who wish to become barristers and who
have registered with the Inns of Court to acquire the skills and knowledge to prepare them for
the specialized training of the pupillage……………………
3 a ceremony held at the end of this training course, when a candidate enters the
profession…………………
4 organisation regulating the legal profession
5 In the USA, an important test taken by law school graduates which when passed, qualifies a
person to practise law…………….
6 granted entrance to the legal profession ……………
7 to compel a lawyer to stop practicing law due to an offence committed ………..

2) To discard any confusions between legal occupations, fill in the gaps with a
missing word from the box.

The most general term is a ……………………who according to Black's Law Dictionary, is

"a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice
law."

In practice, legal jurisdictions exercise their right to determine who is recognized as being a
lawyer; as a result, the meaning of the term "lawyer" may vary from place to place. Below we
are going to discuss the basic differences across Anglophone countries.

In England and Wales the legal profession is …………………..between the solicitors’ and
barristers’ professions and lawyers usually hold one title.

In the USA an individual licensed to practice law is referred to as an ………………….at law

or, more often, simply an attorney - the terms barrister and solicitor are not typically used.
Nonetheless, attorneys within the United States usually must be "admitted to the …..", i.e.
must be granted permission by a particular court system to practice law in that system. Then
attorneys are permitted to conduct all aspects of litigation and appear before those
………………. where they have been admitted to the bar.

split / attorney/ Bar/ lawyer / courts

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Key takeaways

Lawyer, Attorney -represents clients in both contentious and non-contentious matters

(commonly used in the US)

Barristers (UK) -speak on the client’s behalf in court when instructed by a solicitor
-can specialize in different areas of law
- provide specialist advice on points of law
-most of them work on a self-employed basis from chambers
- have rights of audience in higher courts
- appear in trials
-plead cases before the courts
- prepare trials
-draft pleadings
Solicitors (UK) -perform legal work in law firms
- have more direct contact with clients
-usually choose one area of specialisation
-instruct barristers on behalf of clients
-prepare ‘briefs’ for barristers

Contentious legal work relates to disputes occurring between two or more parties.
Non-contentious legal work involves reading and legal analysis of your client’s case ,e.g.
criminal law, employment, family law, personal injury, civil and commercial litigation.

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

LEGAL WRITING

Objectives:
To introduce the students to:
- legal English/ ‘legalese’: lawyer’s language, legal parlance (specialized language)
- the features of legal writings in English
-the plain English movement

Reading Comprehension:

Part I
Section1

Read the extract below and answer the questions:

We lawyers cannot write plane English. We use eight words to say what could be said in too.
We use old, arcane phrases to express commonplace ideas. Seeking to be precise, we become
redundant. Seeking to be cautious, we become verbose. Our sentences twist on, phrase within
clause within clause, glazing the eyes and numbing the minds of our readers. The result is a
writing style that has, according to one critic, four outstanding characteristics. It is: “(1)
wordy, (2) unclear, (3) pompous, and (4) dull.”

Richard C. Wydick (a professor of law at the University of California-

Davis School of Law) Plain English for Lawyers

a. Tick √ the right answer :

The writer of the above extract:

• enumerates the advantages of Legalese
• is summarizing the characteristics of Legalese
• is calling for the use of simple language in legal writings

b. Two of the underlined words in the above paragraph are misspelt.

Identify the words and correct them:

The wrong word: ………………… The correction: …………………

The wrong word: ………………… The correction: …………………

c. Three of these words could replace ‘characteristics’ (L 5). Which ones?

Circle them:

1. specialities 2. peculiarities 3. complexities 4. features 5. Specificities

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

d. Find the appropriate words from the above extract:

o ancient = ………………..
o foggy= …………………..
o verbose, i.e. using or containing more words than necessary = …………….
o boring = ………...
o mysterious, enigmatic, difficult to comprehend/to construe = ……………
o vague ≠ ………………..
o excessively elevated or ornate, showy, ostentatious = ……………………….

e. Put the words between ( ) into the right tense or form :

Richard Wydick's book, Plain English for Lawyers, (to use) 1………………… for years to
teach law students the art of legal (write) 2……………... In fact, plain English (principle)
3………………… have been incorporated into the writing curriculum of (more)
4……………… law schools. But, it is fair to say that people have objected to the (obscure)
5………………… of the legal jargon for many centuries, i.e., well before the 1970s. Indeed,
the first major struggle in England to get legal texts into English, the language of the people,
rather than French or Latin (date) 6…………….. as far back as to the Norman Conquest in
1066. The (move) 7…………………..to make legal language less obscure and more
(comprehension) 8………………….by the average citizens has also reached the United States
where efforts to improve legal language (initiate) 9…………………… by the Federal
government in the 1940s.

Part I Section 2 : Legal language

Legal writing in English has developed over hundreds of years and is characterized by specific
features, some of which can make it difficult for the non-lawyer to understand. Characteristics
of legal writing include : using Latin terms, using technical terms, using old-fashioned terms not
much in general use, using pairs of words(‘lessor’/ ‘lessee’), using legal jargon including the use
of pairs of words (‘terms and conditions’/ ‘null and void’), or triplets (‘costs, charges and
expenses’/ ‘obey, observe and comply with’), having special meanings for words in ordinary
use (‘the judge determined the facts of the case’, where ‘determined’ means ‘decided’), using
vague words (‘provide a sufficient service’), using long sentences with little punctuation,
inverting word order (‘title absolute’), using capital letters to signal important or defined terms
(‘the terms of the Lease….’) , avoiding personal pronouns (‘you’, ‘we’, ‘I’), the specific use of
the modal verb ‘shall’ to impose an obligation or duty on someone (‘The tenant shall not sub-let
the whole part of the premises’), the use of ‘shall’ in a directory sense (Notice of an appeal shall
be filed within 28 days.’)

There is a movement to draft legal text in standard, modern, ‘plain’ English but any change will
be slow.

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 Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Older words and modern equivalents:

A number of linking terms are used in older written legal texts to refer to other parts of the same
text, to different legal documents, or to related contexts.

The aforementioned/ the foregoing: set out above/ written above notwithstanding: despite

The undermentioned: set out below/written below

Hereafter: after this thereafter: after that

Hereby: in this way/by this thereby: in that way/by that

Herein: in this document therein: in that document

Hereof: of this/ concerning this thereof: of that

Hereto: to this thereto: to that

Herewith: with this therewith: with that

1) Lexical focus: Find in the text words meaning:

1. Two synonyms used together, a doublet …………………..
2. A string of three synonyms ……………….
3. Terminology, specialized or technical language that is only understood by those who
are members of a group or who perform a specific trade: ……………………
4. To rent a flat, house or office to someone when you are renting it from someone else:…..
5. Contract for renting a property …………………
6. Proprietor who rents his property ………………..
7. Person who pays money for a property he rents: ……………….or ………………..
8. Building and the land it stands on: ……………………

2) Insert the correct word from the list into the sentences below.
(1) The parties ………………agree that this contract shall continue for a period of two
years from the date of execution …………..
(2) The provisions contained ………………..shall be construed in accordance with the
laws of England and Wales.
(3) The ………………………provisions shall not apply if the parties agree to waive them.
(4) A copy of the lease is enclosed …………….
(5) You are advised to refer to the previous contract and the terms and conditions cited
…………..

hereto / therein /herewith / above-mentioned / herein / hereof

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

3) Underline and identify the characteristic features of legal writing in the following
consumer contract terms (1-3). Then complete the revised versions in plain terms
(a-c) with appropriate words (or forms of words) from the original terms (1-3).
Pay attention to the grammatical context.
Below you have all the features, refer to them by putting the related number.
The first one is done for you.

1 This Agreement2 and the benefits and a) …………………………..is not

advantages herein contained are personal to transferable.
each Member and shall not be sold, assigned
or transferred by the Member.

2 Lessor shall not be liable for loss or damage b) We are only ……………………….for
to any property left, stored, or transported by
Hirer or any other person in or upon Vehicle ……………….or damage to ……………..
either before or after the return thereof to left in the ………………..if the loss or
Lessor. Hirer hereby agrees to hold Lessor damage …………………………….from
harmless from, and indemnify Lessor against our ………………………..
all claims based on arising out of such loss or
damage unless caused by the negligence of
Lessor.

3 Title to property in the goods shall remain c) We shall retain ownership of the
vested in the Company (notwithstanding the ………………..until you have finished
delivery of the same to the Customer) until ……………………for them.
the price of the Goods comprised in the
contract and all other money due from the
Customer to the Company on any other
account has been paid in full.

1. Using capital letters to signal important or defined terms

2. Using legal jargon, including the use of pairs of words or triplets
3. Using old-fashioned words not much in general use
4. The specific use of the modal verb ‘shall’ to impose an obligation or duty on someone.
5. Using technical terms
6. Avoiding personal pronouns
7. Using long sentences with little punctuation.

N.B: A consumer contract is a legally binding agreement between traders

and consumers concerning the sale of goods or digital content, or the
supply of services (with or without goods).

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Part I Section 3: Legal Latin

Lawyers use Latin words and expressions when writing legal texts of every kind, from statutes
to emails. The following excerpt is from the legal document known as an ‘answer’. It was
submitted to the court by the defendant.

1) Underline the common Latin words and phrases in the text.

2) Can you guess their meanings from the context?

…………………………………………………………………………………………
…………………………………………………………………………………………

The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of
action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot be
determined whether the contract sued on is written, oral or implied by conduct.

The complaint alleges breach of contract as follows: ‘At all times herein mentioned, plaintiffs were
a part [sic] to the Construction Contract, as well as intended beneficiaries to each subcontract for
the construction of the house. In light of the facts set out above, defendants, and each of them, have
breached the Construction Contract’. On its face, the claim alleges only that defendants ‘breached
the Construction Contract’. But LongCo is not a party to the Construction Contract. Therefore,
LongCo cannot be liable for its breach. See e.g. GSI Enterprises. Inc. v. Warner (1993)

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Must know Latin terms

Latin term English equivalent and/or explanation

1 sic ‘thus’ or ‘so’

It is used after a word to mark a mistake. It means that the text

was quoted verbatim and the mistake it marks appears in the
source.

2 exempli gratia ‘for example’

It is used before one or more examples are given.

3 versus ‘against’

(Versus is abbreviated to ‘v.’ in case citations but to ‘vs. in all other

instances)

4 id est (i.e.) ‘that is to say’ or ‘in other words’

used to signal an explanation or paraphrase of a word preceding it

5 et cetera and other things of the same kind used to shorten a list of similar
items

6 et alii (et al.) ‘and others’

It is usually used to shorten a list of people, often a list of authors,

appellants or defendants

7 inter alia among other things

8 ultravires beyond the legal powers of a person or a body in private

9 in curia in open court

10 in camera in private

11 in flagrante delicto in brazen/blazing wrongdoing; in the act of wrong doing, caught

red-handed

12 Vice versa conversely

13 Nota bene Note well. Take careful note

14 Bona fides (≠mala fide) Good faith; honest intention; absence of intent to defraud; absence
of deliberate wrongdoing

15 sub judice Before a judge. Still being considered by a court of law ; not yet
decided; unsettled and not to be canvassed publicly because of the
risk of being in contempt of court

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

3) Fill in these sentences with the appropriate Latin terms from the list above.
(1) The contract contains provisions dealing ……………………….with the sale of the
shares and the appointment of new directors.
(2) We have never heard of this company before, and are therefore doubtful whether it can
be regarded as a …………………….……purchaser.
(3) The newspapers cannot report facts of the case because it is ………………………
(4) The trial was held ………………….……….because the accused was only 14 years old.
(5) The police failed to catch the offender ……………………..
(6) If a manager were to access the bank accounts of the company and use those assets for
personal needs, this would be classified as ………………………………..acts.
(7) All employees will receive the standard discount,……….…, 20 percent.

4) Lexical check: Read again the ‘answer’ and find words meaning:
Lawsuit, legal action, litigation= ……………………
Claimant, suer, the party who takes legal action against another = ………………...
To claim or assert that s.o. has done something illegal or wrong, typically without
proof=…………………..
Legally responsible for = …………………
The party against whom a legal action is brought= ……………………
A petition = ……………………………….
5) Complete the definition of ‘an answer’ with terms you’ve learnt in this lesson:

An ‘answer’ refers to a …………………’s first formal pleading to a ………………’s initial

…………………or complaint to deny or admit ……………………….

6) Fill in the table with the appropriate word forms:

Verb Personal noun Abstract noun adjective

allege ……………………….

………………………[US] petition

…………………….. complaint

breach ……………………….

…………………….. liable

……………………….. responsible

……………. suer ………………………

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Part II Listening: Documents in courts

1) Listen to a lawyer telling a client about some of the documents involved in his case
and answer these questions.

- What claim has been filed against the client? ………………………………………………..

- Will the case go to trial? ………………………………………………………………………

2) Listen again and circle the documents that the lawyer mentions.
1 answer 2 affidavit 3 brief 4 complaint 5 injunction
6 motion 7notice 8 pleading 9 writ

Here is the transcript of the conversation. Role play it with a pair and check whether
everything is clear

Lawyer: Well, may be I should start by explaining how things work, you say that a writ has been served on you ,
informing you that an action has been filed against you for breach of contract. Is that right?

Client: Yest I got that yesterday.

Lawyer: OK. That means that a complaint against you has already been filed with the court. Our next step will
be to draft an answer to this complaint.

Client: How does that work?

Lawyer: In order to be able to draft an answer, I’ll need information from you, - facts, documents and the like-
So, that I can begin preparing your defence. Of course, We’ll then also have to start building up evidence to
support your defence. For example, we may wish to get affidavits- sworn statements- from potential witnesses
supporting the statements you’ve made in our defence.

Client: Right. What happens next?

Lawyer: Well, it depends on how we wish to proceed. We should try to have the case dismissed as soon as we
can. This will require filing motions. We’ll also have to write briefs clarifying our legal position, which we’ll
then submit to the court.

Client: I see. Do you think there’ll be a trial?

Lawyer: That’s hard to say exactly

Client: If there is a trial when will it take place?

Lawyer: When the time comes, the court will issue a notice to inform us of the date and time of the hearing.

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

3) Match these documents (1-9) with their definitions (a-i)

1 affidavit a) a document informing someone that

they will be involved in a legal process
and instructing them what they must do

2 answer b)a document or set of documents

containing the details about a court case

3 brief c)a document providing notification of a

fact, claim or proceeding

4 complaint d)a formal written statement setting forth

the cause of action or the defence in a case

5 injunction e)a written statement that somebody

(mandatory or prohibitory/preventive) makes after they have sworn officially to
tell the truth, which might be used as
proof in court (sworn statements
confirmed by oath)

6 motion f) an application to a court to obtain an

order, ruling or decision.

7 notice g) a judicial order restraining a person

from beginning or continuing an action
threatening or invading the legal right of
another, or compelling a person to carry
out a certain act, e.g. to make restitution
to an injured party.

8 pleading h) in civil law, the first pleading filed on

behalf of a plaintiff, which initiates a
lawsuit, setting forth the facts on which
the claim is based

9 writ i)the principal pleading by the defendant

in response to a complaint

Answer: 1+ .. 2+ .. 3+ .. 4+ .. 5 +.. 6+.. 7+ .. 8+.. 9+..

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

4) Fill in this paragraph with the appropriate name of legal documents.

One word can be used twice.
Anyone wanting the benefit of an injunction must prepare an …………….. detailing
evidence supporting their claim. It must attach all relevant documents, and outline the
facts and circumstances leading up to the application for injunction. A court will not
grant an …………… without a thorough ………………...

5) Match each verb used by the lawyer (1-5) with its definition (a-e)

1 to draft a document a. To deliver a legal document to

2 to issue a document
3 to file a document with an authority
someone, demanding that they go to
a court of law or that they obey an
order
b. To produce a piece of writing or a
plan that you intend to change later
c. To deliver a document formally for a
decision to be made by others

4 to serve a document on someone (or d. To officially record something,

to serve someone with a document) especially in a court of law

5 to submit a document to an e) to produce something official

authority

Answer: 1+ … 2+ … 3+ …. 4+ …. 5+ ….

Keep in mind these collocations:

affidavit answer brief complaint injunction motion notice pleading writ

To draft x x x x x

To issue x x

To file x x x x x x x

To x x x x x
serve

To x x x x x x x x
submit

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Litigation versus Arbitration

Objectives:

Understand the differences between litigation, arbitration and mediation.

Learn vocabulary and collocations related to the theme.

Pre-reading activity:

➢ Warm-up question: Have you ever heard about Alternative Dispute Resolution (ADR)? Can
you make guesses using your background knowledge from your study of law? In other words,
can you think of ways of solving disputes out of court. Jot down any ideas that pop up into
your mind:
........................................................................................................................................
➢ Circle the odd one out:
• The conflicting sides - the disputants - the contracting parties – the intermediaries-
the plaintiff and the defendant
• Compromise - concensus - resolution - settlement -contention

I/ Reading comprehension
The text

1)Essentially, litigation means taking a dispute to court. Both sides present their case before a judge
or jury, who will then render a decision. Arbitration, on the other hand, is a private process in which
both parties agree that an arbitrator (a neutral third party) will render a binding decision. There are
three primary providers of arbitration services in the United States: The American Arbitration
Association (AAA), Judicial Arbitration and Mediation Services (JAMS), and American Health Law
Association (AHLA). Like litigation, both sides have a lawyer in arbitration, and both make arguments
and present evidence to support their case.

2)There are several differences between arbitration and litigation. The most significant difference is
that litigation is handled in the court and must adhere to the strict laws and statutes that govern
court proceedings. Arbitration is handled outside of the courts and can be a much speedier and
informal process. However, arbitration can only take place if it is provided for in a contract or agreed
upon by the parties.

3)Like arbitration, mediation is an alternative to litigation. However, mediation is merely a

negotiation, and there is no guarantee that the parties will come to a resolution. The mediation
process is facilitated by a mediator trained in dispute resolution and often takes place while parties
await a court date (or arbitration conference) with the goal of reaching a “win-win” solution to the
dispute. In fact, many judges – especially in larger metropolitan areas – will not let a case go to trial
without mediation and automatically include a mediation deadline in the docket control order (or
scheduling order) which is issued shortly after a lawsuit is filed. If not ordered by the judge, either
party may file a motion to compel mediation, but it is unlikely that the compelled party will
participate in the negotiations in good faith.

www.hchlawyers.com

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

Read the above text and answer the following questions:

1) Choose an appropriate title for each paragraph:

Paragraph Title Answer

1 The difference between mediation and arbitration 1 + ....

2 Definitions of litigation and arbitration 2+ .....
3 Key differences between arbitration and litigation 3+ .....

2) Say whether the following statements are true or false. Justify your answer with evidence
from the text:
a/ In litigation, the unanimous verdict is reached by one side. .....................
......................................................................................................................................................
b/ In arbitration, an impartial third party is legally bound to the case. ..............
......................................................................................................................................................
c/ Unlike litigation, in mediation there is a warranty for parties to settle their disputes. ..........
......................................................................................................................................................
3) Find in the text words meaning:
a) The process of taking legal action in a court of law: ..............................
b) To conform to, to to abide by: .....................................
c) To oblige= .........................
d) A process wherein the parties meet with a neutral person who assists them in the
negotiation of their differences: ................................
e) a time by which something must be done: ..................................
f) a formal request for the court to make a decision about something related to a case,
such as to have a trial postponed, to have a previously made order modified, to sanction
(or punish) an attorney, or even to have the case dismissed.
4) What do the underlined words in the text refer to:
a) Both sides (p.1): .......................................................Which (p.3): .........................................
5) Here are other ways in which arbitration differs from litigation. Read them, decide whther
they are typical of litigation or arbitration then write their corresponding number in the
appropriate column.
1. It is a legal process in which the court decides the outcome for the dispute.
2. resolving disputes by appointing a neutral third party to study the case, receive the
evidence, and then make a binding decision.
3. Typically takes longer due to the formal Rules of Procedure and Rules of Evidence
and the backlog of the courts
4. resolving issues between parties are confidential and private, making it a smart
choice for businesses that want to keep their private matters away from the public
and press.
5. Parties may be compelled to participate in court proceedings.

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

6. Unless otherwise agreed, the arbitrator’s decision is final and binding and cannot be
appealed, except in limited circumstances.
7. the trial judge is assigned by the court without input from the parties involved.
8. the parties choose the arbitrator, often based on expertise in a related field of law or
industry.
Litigation Arbitration

II/ Language
1) Match the verbs with the nouns they collocate with, then say orally who achives these
actions?

Verbs Nouns Collocations

to render evidence .........................................................................

to settle/to resolve a resolution/a settlement .........................................................................
to present a decision .........................................................................
to come to/ to reach lawsuit or a motion .........................................................................
to file a ruling .........................................................................
to make a dispute .........................................................................

2) Fill in the table with the appropriate word forms:

Verb Noun- concept or Noun- person Adjective

object
To dispute .............................. ..............................

To resolve .............................. ..............................

............................. ............................. contractor ..............................

...............................

III/ Writing:
1) Fill in the following speech with the missing phrases from the box below:
Anna Chapter heads the litigation team in a large firm of solicitor. She is talking to a
client about alternative dispute resolution:
‘Alternative dispute resolution,......................................................................., is well
established in a number of jurisdictions, .........................................................
Over recent years, we’ve seen the emergence of ...................................................
In the UK, ADR is positively promoted for use in .....................................................,
including small claims, family matters, construction or building contracts, and complex
international commercial disputes. ADR is generally proposed as a

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Faculty of Law and Political Sciences of Tunis/English Course/ 2nd year licence/Nouha Chebbi/2023

....................................................litigation process and entered into on

............................................................., or because of contractual provisions, that is, the
conditions of contract. Many commercial agreements now include
.......................................in which the contracting parties agree the method to be used if a
dispute ...................................................However, parties .............................................by
the court during the course of litigation. A Civil Procedure Rule requires the UK Civil
Courts, as part of the case management process, to ........................................................if
appropriate. A National Mediation Helpline .............................................to provide advice
by telephone or online.’

1) dispute resolution clauses

2) a wide range of civil disputes
3) occurs during the life of the contract.
4) may also be referred to ADR
5) cost-effective alternative to the
6) often abbreviated to ADR
7) mediation organizations and dispute resolvers.
8) Including the USA, Canada and Australia.
9) a voluntary basis by disputants
10) has also been set up
11) encourage and facilitate parties to use ADR

Key takeaways:

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