UNIT 11 PUBLIC AND PRIVATE LAW

Lead-in Discuss these questions with a partner

1. What do you know about public law?

2. What do you know about private law?

Section I PUBLIC LAW

Reading Comprehension

Reading 1

Exercise 1 Answer these questions, then read the article below to check
your answers

1. What is public law?

2. What is the primary function of Constitutional Law?

3. What is administration defined as?

4. By whom are the Administrative Laws enforced?

5. What is Criminal Law concerned with?

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TEXT 1 MEANING AND NATURE OF PUBLIC LAW

Public law is that part of law which governs the relationship between the State
(government/ government agencies) and its subject and the relationship between
individuals directly concerning the society. According to Loughlin, ‘Public law
is a form of political jurisprudence that incorporates no transcendental or
metaphysical ideas of justice and goodness; it is concerned solely with those
precepts of conduct that have evolved through political practice to ensure the
maintenance of the public realm as an autonomous entity.’

The Public Law deals with social problems in a broad context and may include
the following heads: Constitutional Law, Administrative Law, Criminal Law,
and Criminal Procedure, Law of the State considered in its quasi-private
personality, Procedure relating to the State as so considered, and Judge-made
Law. In short, Public Law governs the relationship between the State and its
citizens, and also relationships directly concerning the Society between
individuals. Constitutional Law, Administrative Law, Criminal Law, and
Criminal Procedure are the subject matter of Public Law.

Constitutional Law

The primary function of Constitutional Law is to ascertain the political center of

gravity of any given State postulating the supremacy of law in the functioning
of State. In India, the Constitution makes India: Sovereign, Socialist, Secular,
Democratic, a Republic with a Federal System with Parliamentary form of
Government in the Union and the States, and with an Independent Judiciary. It
also establishes the structure, procedures, powers and duties of the government,
and spells out basic human rights which are fundamental in the governance of
the Nation in the form of Fundamental Rights and Directive Principles of State
Policy. Constitutional Law is a branch of Public Law. It determines the political
organization of the Stale and its powers, while also setting certain substantive
and procedural limitations on the exercise of governing power. Constitutional
Law consists of the application of

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fundamental principles of law based on the document, as interpreted by Supreme
Court. In the words of Salmond, "Constitutional Law is the body of those legal
principles which determine the Constitution of a State – i.e., essential and
fundamental portions of the State's organization."

Administrative Law

As per Holland, Administrative Law provides for the manner of activities or the
various organs of the Sovereign Power as provided by the Constitution. In this
sense, Administration has been defined as ‘the exercise of political power within
the limits of the Constitution as the total, concrete, and manifoldly changing
activity of the State in particular cases as the functions, or the activity, of the
Sovereign Power'. It may fairly be said to include the making and promulgation
of laws; the action of the government in guiding the State in its foreign relations;
the administration of justice; the management of the property and business
transactions of the State; and the working in detail, by means of subordinates
entrusted with a certain amount of discretion, of the complex machinery by
which the State provides at once for its own existence and for the general
welfare. It deals with the collection of the revenue, the collection of statistics,
international trade, manufacturing, pollution, taxation, and the like. This is
sometimes seen as a sub-category of Civil Law, and sometimes seen as Public
Law as it deals with regulation and public institutions. The Administrative Laws
are enforced by the executive branch of a Government rather than the judicial or
legislative branches (if they are different in dial particular jurisdiction).
According to Vago Steven, "Administrative Law is a body of the law created by
administrative agencies in the form of regulations, orders, and decisions."

Criminal Law

The most important of the functions of the State is that which it discharges as
the guardian of order, preventing and punishing all injuries to itself, and all
disobedience to the rules which it has laid down for the common welfare. In

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defining the orbit of its rights in this respect, the State usually proceeds by an
enumeration of the acts which infringe upon them, coupled with an intimation
of the penalty to which anyone committing such acts will be liable. The branch
of law which contains the rules about this subject is accordingly described as
‘Criminal law’. Criminal Law denotes wrongs against the State, community, and
public. ‘Adjective Criminal law,’ ‘Penal Procedure,’ ‘Instruction Criminology,’
is the body of rules whereby the machinery of the Courts is set in motion for the
punishment of offenders.

‘Criminal Law is concerned with the definition of crime and the prosecution and
penal treatment of offenders’. Although a criminal act may cause harm to a
particular individual or individuals, crimes are regarded as offenses against the
State or "the people." A ‘crime’ is a "public" as opposed to an "individual” or
“private” wrong. It is the State, not the harmed individual, that takes action
against the offender.

(Adapted from:
https://nios.ac.in/media/documents/SrSec338New/338_Introduction_To_Law_
Eng/338_Introduction_To_Law_Eng_L12.pdf)

Vocabulary

English terminology Vietnamese equivalent

1. jurisprudence (n) luật học

2. transcendental (adj) siêu việt

3. metaphysical (adj) siêu hình, trừu tượng

4. precepts (n) quy tắc

5. ascertain (v) xác định

6. postulate (v) yêu cầu, đòi hỏi

7. supremacy (n) tối cao

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 8. secular (n) thế tục (trung lập về tôn giáo, không hỗ
trợ hay phản đối bất cứ tôn giáo nào)

9. concrete (activity) (np) (hoạt động) cụ thể

10. manifoldly changing (hoạt động) thay đổi đa dạng

activity) (np)

11. promulgation (n) sự ban hành, công bố (luật)

12. subordinates (n) văn bản quy phạm pháp luật dưới luật
(văn bản pháp quy)

13. discretion (n) quyền tự ý định đoạt / quyền tự định liệu

14. welfare (n) sự thịnh vượng

15. revenue (n) thu thuế

16. orbit (n) quỹ đạo

17. enumeration (n) liệt kê

18. infringe (v) vi phạm (luật lệ)

19. intimation (n) sự thông báo

Language work

Exercise 2 Find words in the text that match these definitions

1. the position in which you are more powerful or advanced than anyone
else

2. making a new law come into effect by announcing it officially

3. someone who has a lower position and less authority than someone else
in an organization

4. money that the government receives from tax

5. to do something that is against a law or someone's legal rights

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Exercise 3 Match two parts to make up collocations
1. government a. power

2. political b. principles

3. autonomous c. agencies

4. governing d. branch

5. fundamental e. jurisprudence

6. concrete f. treatment

7. foreign g. entity

8. executive h. activity

9. penal i. relations

10. private j. wrong

Exercise 4 Complete these sentences using words you have learnt from the
text. The first letter of the word has been suggested

1. The councils, which are locally …………………, act as courts for the
whole area. (AUTONOMY)

2. It should not be seen as a restriction on parliamentary …………………

(SOVEREIGNTY)

3. At the shareholders’ meeting, directors should expect questions about

corporate …………………, executive pay and internal financial
controls. (GOVERN)

4. The majority of people were ………………… to the King, not

questioning his government. (OBEY)

5. The company doesn’t believe its promotional material is a trademark

………………… (INFRINGE)

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Exercise 5 Work in pairs. Take turns choosing one of the words in the box
and define or describe it for your partner to guess. When they have guessed
the word, they must put it into a sentence of their own

Public Law Constitutional Law Administrative Law

Criminal Law Criminal Procedure law of the State
Judge-made Law socialist democratic
parliamentary independent judiciary

Section II PRIVATE LAW

Reading 2

Exercise 1 Discuss these questions with a partner. Then read the text to
check your answers
1. What is private law?
2. What is the role of the State in Private Law?
3. How can the antecedent rights be categorized? What are they?
4. What matters are covered by private law?
5. What are some branches of private law?

TEXT 2 THE MEANING OF PRIVATE LAW

Private Law is concerned with the relationship between individuals, or private
relationships between citizens and companies that are not of public importance.
In the case of Private Law, the role of the State is merely to recognize and
enforce the relevant law and to adjudicate the matters in dispute between them
through its judicial organs. Private Law as per Holland is substantive, and
defines the rights of individuals, or it may be an adjective indicating the
procedure by which rights are to be enforced or protected.
In simple words, Private Law governs the relations of citizens with each other
Law of Torts, Law of Contract, Private and Intellectual Property Rights are the
subject matters of Private Law.

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Private Substantive Law
The study of Private Law commences with the consideration of the Substantive
Law of the various species as follows:
1. Normal Substantive Rights are the Antecedent Rights. The antecedent rights
may be ‘in rem or ‘in personam'. The antecedent rights ‘in rem' are rights which,
irrespectively of any wrong having been committed, are available for the benefit
of the person of inherence against a person of incidence so unlimited so as to
comprise the whole world. Example: the right to personal freedom, reputation,
possession, and ownership.
The rights ‘in personam' are those available rights against a definite person, and
may arise out of agreement of the parties or by virtue of duty casted by law.
Example: the right of one member of family against another, the right of person
for action against surgeon for want of skill.
Illustration: ‘X' has land. He/she enters into contract with a gardener to maintain
his/her land for one year. Here, the general duty is on the whole world not to
trespass on land of X'. The gardener, however, owes special duty to X over and
above the duty owed to him/her by the entire world.
Normal substantive rights may also be ‘Remedial’ - the objective of the right is
either restitution or compensation. Remedial Rights as a rule are available in
personam against the wrongdoer.
2. Abnormal Antecedent Rights - abnormal can be natural individual human
beings (minors, infants, lunatics, convict), or artificial i.e., aggregate of human
beings, or of persons property, which are treated by law as individual human
beings (associations, foundation, corporation).
Private Adjective Law
The Substantive Law affecting the State as a quasi-private juristic personality is
supplemented by a body of adjective rules, prescribing the mode in which the
State, as such a personality, may sue or be sued. Adjective Law, no less

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than Substantive Law, may be normal or abnormal, and the position with respect
to artificial persons and such varieties of natural persons as pointed above are
different with reference to suing and being sued from that occupied by ordinary
individuals.
According to Bernard Rudden, Private Law deals with the legal relating between
persons. It covers matters of pure status (marriage, divorce, kinship and so on);
matters involving assets of some sort (property succession contracts); and
commercial activities in the wider sense. Its essential feature is that the
participants are presumed to be juridically equals (unlike the public law structure
where relations are hierarchical) so that one cannot give orders to another, unless
so authorised under some previous contractual or family arrangement Its
essential technique is that much of it is not automatically binding (jus cogens in
Legalese) but serves to cut down the cost of legal transactions by providing a set
of patterns which citizens may use if they wish. For instance, the intestacy rules
operate only if a person dies without having made a will. The rules on sale, lease,
loan, partnership and so on are there as models which can be adopted in full or
modified if the parties so desire. Despite the many differences on the surface and
in particular detailed roles, the overall structure of Private Law in both Civil and
Common law Systems can be stated quite simply in a formula derived ultimately
from the Roman jurists: Private Law deals with persons, property, obligations
and liability.
Thus, it can be said that Private Law includes (i) Law of obligations/ Law of
Contract (organizes and regulates legal relations between individuals undo
contract), (ii) Law of Tort (addresses and remedies issues for civil wrongs, not
arising from any contractual obligation), (iii) Law of Property, (iv) Law of
Succession, (v) Family Laws - family rights against abduction and adultery.

(Adapted from Nguyen Van Quang, (2013). Judicially Reviewable

Administrative Actions: The Development of Vietnamese Administrative Justice.
VNU, 46(4), 367-387)

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Vocabulary

English terminology Vietnamese equivalent

1. adjective (law) (np) (pháp luật) thủ tục / hình thức [đối lập với
pháp luật nội dung]

2. commence (v) bắt đầu

3. substantive law (np) pháp luật nội dung

4. antecedent rights (np) quyền chủ thể

5. antecedent rights ‘in rem’ vật quyền

(np)

6. rights 'in personam' (np) quyền nhân thân

7. remedial (adj) [có tính chất] bồi thường/bồi hoàn

8. restitution (n) hoàn trả lại

9. compensation (n) bồi thường thiệt hại

10. artificial persons (np) pháp nhân, tổ chức

11. natural persons (np) cá nhân

12. succession (n) thừa kế

13. hierarchical (adj) tính cấp bậc

14. intestacy (n) tình trạng chết không để lại di chúc

15. tort (n) bồi thường thiệt hại ngoài hợp đồng

16. abduction (n) tội phạm bắt cóc trẻ em

17. adultery (n) tội ngoại tình

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Language work

Exercise 2 Find words in the text that match these definitions

1. to officially decide who is right in a disagreement and decide what

should be done

2. an action that is wrong but not criminal, and can be dealt with in a civil
court of law

3. to do something wrong or illegal

4. to make a legal claim against someone, especially for money, because

they have harmed you in some ways

5. a legal document that says who you want your money and property to be
given to after you die

Exercise 3 Use the correct form of the given words to complete the sentence
below

1. Garth doesn't work; he just lives off his …………….. (INHERIT)

2. Incorporation may itself take several forms: public or private, limited or

…………., and with or without a share capital. (LIMIT)

3. …………….. behaviour may be a sign of mental illness. (NORMAL)

4. A partner is entitled to full participation in the management of the

………………. (PARTNER)

5. Such clauses have no effect on the primary ……………. to the third

party for the death or personal injury he has suffered. (LIABLE)

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Exercise 4 Fill in the gap ONE preposition to complete the sentences below
1. With respect ……………… your second question, it’s still too early to
tell.
2. …………….. reference to our agents, we have complete confidence in
their honesty.
3. They want me to cut ……………….. my article so that it'll all fit onto
one page.
4. Landlords indeed are responsible ……………… losses arising out of
their negligence.
5. There’s a subtle difference …………… flavour between these coffees.

Exercise 5 Work in pairs. Take turns choosing one of the words in the box
and define or describe it for your partner to guess. When they have guessed
the word, they must put it into a sentence of their own

antecedent rights restitution compensation artificial persons

succession hierarchical intestacy tort
abduction adultery

Writing

Exercise 1 Write complete sentences from these words. You do not need to
change the word order. Add other words if necessary

1. Public law/ deal/ more/ with/ issue/ affect/ general public/ or/ State itself.
…………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

2. persons concerned/ Public Law/ necessarily dissimilar/ - / one of them/

be/ always/ that highly abnormal person/ which/ called a State.

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

3. majority/ rights/ dealt with/ in Public Law/ permanently enjoyed/ the

State.
…………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

4. Public law/ the State/ not only arbiter/ but also/ one of the parties
interested
…………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

5. Public Law/ concerned with/ structure of government/ duties and powers

of officials/ relationship between the individual and the State.
…………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

Exercise 2 Write a letter/email to a foreign student who wants to know

about criminal penalties in Viet Nam

You should include:

- punishable criminal offences
- the variety of penalties
- other matters related to criminal penalties

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 UNIT 12 PROCEDURE

Lead-in Discuss these questions with a partner

1. What do you know about the procedure in the common law

system?

2. What do you know about the procedure in the civil law

system?

Section I PROCEDURE IN COMMON LAW AND CIVIL LAW

AROUND THE WORLD

Reading 1

Exercise 1 Answer these questions, then read the article below to check
your answers

1. What is procedural law?

2. What is the difference between procedural law and substantive law?

3. Why is procedural law important?

4. How many branches are there in procedural law?

TEXT 1 PROCEDURAL LAW

Procedural law, also called adjective law, is the law governing the machinery of
the courts and the methods by which both the state and the individual (the

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latter including groups, whether incorporated or not) enforce their rights in the
several courts. Procedural law prescribes the means of enforcing rights or
providing redress of wrongs, and comprises rules about jurisdiction, pleading
and practice, evidence, appeal, execution of judgments, representation, counsel,
costs, and other matters. Procedural law is commonly contrasted with
substantive law, which constitutes the great body of law, and defines and
regulates legal rights and duties. Thus, whereas substantive law would describe
how two people might enter into a contract, procedural law would explain how
someone alleging a breach of contract might seek the courts' help in enforcing
the agreement. To be effective, law must go beyond the determination of the
legal rights and obligations of individuals and collective bodies to say how these
rights and obligations can be enforced. Moreover, it must do this in a systematic
and formal way, because the failure to do so would render the legal system
inefficient, unfair, and biased and. as a result, possibly upset the social peace.
Embodying this systematization and formalization, procedural law constitutes
the sum total of legal rules designed to ensure the enforcement of rights by
means of the courts.
Because procedural law is a means for enforcing substantive rules, there are
different kinds of procedural law, corresponding to the various kinds of
substantive law. Criminal law is the branch of substantive law dealing with
punishment for offenses against the public and has as its corollary criminal
procedure, which indicates how the sanctions of criminal law must be applied.
Substantive private law, which deals with the relations between private (i.e.,
non-governmental) persons, whether individuals or corporate bodies, has as its
corollary the rules of civil procedure. Because the object of judicial proceedings
is to arrive at the truth by using the best available evidence, there must be
procedural laws of evidence to govern the presentation of witnesses,
documentation, and physical proof.
(Adapted from https://www.britannica.com/topic/procedural-law)

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Vocabulary

English terminology Vietnamese equivalent

1. procedural law (n) = luật hình thức
adjective law (n)
2. substantive law (n) luật nội dung
3. execution of judgment (np) thi hành bản án
4. judicial proceedings (ap) thủ tục tố tụng
5. witnesses (n) nhân chứng
6. the agreement (n) điều khoản
7. physical proof (n) bằng chứng
8. corollary (adj) (n) - Thuộc về hệ quả
- Hệ quả
9. sanction (n) phê chuẩn

Language work

Exercise 2 Find synonyms for the following words/ phrases

1. procedural law …………………………………………..

2. enforce …………………………………………..
3. obligations …………………………………………..
4. unfair …………………………………………..
5. offense …………………………………………..
6. allege …………………………………………..
7. evidence …………………………………………..
8. render …………………………………………..
9. regulate …………………………………………..
10. govern …………………………………………..

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Exercise 2 Match the words/ phrases with their corresponding definitions

1. substantive law a. To put right a wrong or give payment for a

wrong that has been done
2. sanction b. A request made to a court of law or to
someone in authority to change a previous
decision.
3. appeal c. A punishment given when someone does not
obey a rule or a law
4. upset d. The part of the law that deals with the rights
and duties of people, organizations, etc.
rather than the part that deals with legal
processes.
5. redress e. To change the usual or expected state or order
of something in a way that stops it from
happening or working

Exercise 4 Work in pairs. Take turns choosing one of the words in the box
and define or describe it for your partner to guess. When they have guessed
the word, they must put it into a sentence of their own.

biased embody corollary sanction upset

render enforce obligation appeal govern

Reading 2

Exercise 1 Discuss these questions with a partner. Then read the text to
check the answers

1. Why was England capable of developing a procedure of its own despite

its Germanic legal tradition?

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 2. What was a writ?

3. When did the counsel obtain their central role in courts?

4. What were the functions of the counsel?

5. Can you name some reforms taken place in the 19th century regarding
legal procedure in both England and the USA?

TEXT 2 PROCEDURE IN COMMON LAW AND CIVIL LAW

AROUND THE WORLD

Procedure in Common law

Originally, procedure in English local and feudal courts quite closely resembled
that of other countries with a Germanic legal tradition. Unlike the continental
European countries, however, England never romanized its indigenous
procedure but instead developed a procedure of its own capable of substantial
growth and adjustment. England's ability to do this was likely a result of two
factors, both related to the strong monarchical system that followed the Norman
Conquest (1066): the creation of the jury system and the establishment of a
centralized royal court system. The jury allowed the flexibility of lay
participation while offering a substitute for the antiquated methods of proof of
the traditional Germanic law: ordeal, trial by battle, and wager of law. The
central courts led to the creation of a definite legal tradition, the common law,
and to the administration of justice through permanent professional judges and
their attendant clerks, instead of the popular assemblies or groups of wise men
who rendered justice elsewhere.
In the years immediately after the Norman invasion, royal courts could be used
only if permitted by a special royal writing, or writ, issued in the name of the
king. Such a writ might, for example, direct the defendant to return

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the land or explain why he refused to do so, or, later on, direct the sheriff to bring
the defendant before the court so that he could be required to answer for his
conduct. Writs were at first issued only when there was a complaint that local or
feudal courts were not rendering justice. Later, they were issued in case
involving land, and gradually standardized and extended to cover almost all
aspects of civil justice. Suitors sought royal justice because it offered good
enforcement. The sheriff, a royal official, was responsible for carrying out
judicial orders - and because they liked its procedure - royal courts abandoned
much of the awkward Germanic law of proof in favour of trial by jury sooner
than did local courts.
As the system of royal courts developed, counsel came to play a central role.
The parties, through their counsel, formulated the issues to be settled through
their pleadings before the court in London. After the pleading stage, counsel
would try the issues before a jury in the county where the facts arose. The
mechanics of pleading, originally oral and simple, gradually became highly
complex. The plaintiff had to plead facts that came within the writ used to start
the action; the defendant generally could either deny the facts asserted by the
plaintiff or assert specific defences. (For modem pleading practices, see below
Preliminaries to proceedings: Pleadings.) Common law permitted appeals from
most judicial rulings but required the parties to wait until the case was over
before seeking review.
The complexities of the common law procedure led some parties to request relief
directly from the king, who was then the ultimate fountainhead of justice. The
king regularly transferred such requests to the royal chancery - that is, the office
of the lord chancellor, which, in this way, developed into another court called
the chancery. The chancery court was supposed to deal equitably with cases in
which the strict rules of the common law failed. Over time, this function of the
chancery developed into a body of well

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defined rules known as “equity." Until the 16th century, the chancellors were
generally ecclesiastics; hence, procedure in chancery to obtain equity was
influenced to some extent by canonical procedures. In particular, there was no
jury trial, no writ circumscribing a precise cause of action, and no in-court
testimony of witnesses. Instead, litigants could compel (by court orders called
subpoenas) the out-of-court statements of witnesses, whose sworn testimony
would be recorded as the basis for the chancellor's decision. Equity also differed
from common law in allowing immediate appeal of every judicial ruling, a
practice that made suits in equity notoriously slow. The procedure of the
common law courts and the existence of a separate procedure for equity matters
were both adopted in the United States.
In the 19th century there were substantial reforms of legal procedure in both
England and the United States. These involved several related approaches: (1) a
reform in court organization, doing away with separate courts of equity, and
establishing a more rational system of appeals courts, (2) a reform of pleading,
largely abandoning the need to plead a specific cause of action based on writs,
(3) the grant to judges of limited power to promulgate rules of procedure, and
(4) the development of the law of evidence. In the United States the first three
of these principles were initially embodied in the New York Code of Civil
Procedure of 1848, which many other stales subsequently adopted. In the 20th
century the notion that legislation was too slow and too inexpert a means for the
adoption of new procedural rules gained ground. This belief led to the Rules
Enabling Act of 1934, which authorized the Supreme Court of the United States
to adopt (subject to congressional veto) Rules of Civil Procedure for the federal
district courts, though some matters, such as subject-matter jurisdiction,
remained governed by acts of Congress. There were similar developments in
many of the states and also in England and Wales. At present, most U.S. states,
even those that

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do not directly adopt federal rules, have procedural regimes that closely
resemble that of the federal Rules of Civil Procedure.
Many of these simplifications made it easier for a case to reach trial. Once at
trial, however, the case encountered the law of evidence. While 19th-century
legislatures were rewriting procedural rules, the courts were creating an
elaborate and often very technical body of doctrine concerning who could testily
about what in a trial. This growing body of law enabled courts to exercise greater
control over trial outcomes. An error in the admission of evidence was enough
for an appellate court to reverse a verdict.
Procedure in Civil law
During the 19th century, codifications of procedural law were enacted in other
civil-law countries, including Italy in 1865 and Germany in 1877. They usually
retained large elements of the Roman - canonical or French procedure and were
often cumbersome and slow. Austria broke new ground in its Code of Civil
Procedure of 1895, which adopted comprehensively the principle of oral
presentation: only matters presented orally in open court were important for a
decision of the case; writings could have only a preparatory role; witnesses no
longer were heard before a delegated judge who prepared a written record but
were heard by the court or judge who actually decided the case; the parties were
obligated to present their cases fully and truthfully; and the judge was directed
to make certain that all relevant facts were stated. These notions served as a
model for many other countries when they amended their codes of civil
procedure.
The Austrian model inspired changes made in French civil procedure beginning
in 1958. Originally adopted in a series of individual decrees, they were
consolidated in the new Code of Civil Procedure of 1975. Similarly, following
earlier amendments to the 1877 German code that had strengthened the role of
the judge, a statute called the simplification amendment, which was

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designed to expedite proceedings further was adopted in 1976 in West Germany
and extended to all of Germany following the country’s reunification in 1990.
The Japanese Civil Code of the 1890s was modelled largely on the German Code
of 1877; it was revised in 1926 to integrate Austrian ideas on the rule of the
judge and to expedite procedures. Present Japanese law blends procedure rules
largely based on the German and Austrian models with some features of Anglo-
American origin, adopted during the American occupation of Japan following
World War II.
(Adapted from https://www.britannica.com/topic/procedural-law/The-impact-
of-the-jury)

Vocabulary

English terminology Vietnamese equivalent

1. Napoleonic code (np) Bộ luật Napoleon/ bộ luật dân sự

Pháp
2. Civil law/ Romanize law luật Pháp-Đức/ luật La mã
(np)
3. trial by battle (vp) xét xử bằng hình thức giao đấu
4. writ (n) lệnh
5. plaintiff (n) nguyên đơn
6. sheriff (n) cảnh sát trưởng
7. pleadings (n) sự bào chữa, sự biện hộ
8. chancery (n) Tòa Đại pháp - bộ phận xét xử theo
luật công lý (Vương Quốc Anh)
9. litigants (n) người kiện, người đương tụng
10. promulgate (v) ban hành

235
 10. congressional veto (np) quyền phủ quyết của quốc hội
11. cumbersome (adj) cồng kềnh
12. decree (n) nghị định, sắc lệnh
13. expedite (v) xúc tiến, thanh toán, giải quyết (công
việc)
14. codification (n) pháp điển hóa
15. congressional veto (np) quyền phủ quyết của quốc hội

Language work

Exercise 2 Read the text and answer the questions below

1. When was procedural law codified in other civil-law countries?

2. What adjectives were used to describe the procedural law of Italy and
Germany at their earliest codifications?

3. What amendments were made in the Code of Civil Procedure of 1895 in

Austria?

4. In which year did France start to make a change in its civil procedure as
inspired by Austria's model?

5. What is special about present Japanese procedural law?

Exercise 3 Match these words to make collocations from the article

1. feudal a. proceedings

2. expedite b. participation

3. reverse c. new ground

4. lay d. a verdict

5. break e. courts

236
Exercise 4 Work in pairs. Take turns choosing one of the words in the box
and define or describe it for your partner to guess. When they have guessed
the word, they must put it into a sentence of their own

litigants expedite plaintiff decree

veto cumbersome promulgate reform

Section II PROCEDURE IN VIET NAM

Reading A

Exercise 1 Answer these questions, then read the article below to check
your answers

1. What legal cultures is the legal system of Viet Nam affected by?

2. What is the official source of law in Viet Nam?

3. Which document has the highest legal effect in Viet Nam?

4. How many main areas is the procedure to deal with court cases divided
into? What are they?

5. What is the special thing in the procedure in Viet Nam law compared to
other continental law countries?

TEXT 3 PROCEDURE LAWS IN VIET NAM

In Viet Nam, law means written law. The legal system is generally recognised
as civil law or continental law with influence from several legal cultures
embracing French, Chinese and socialist law, particularly the former Soviet
Union’s laws. Almost all written regulations issued by authorities are the official
source of law in Viet Nam. The Constitution is the fundamental law of the State
and has the highest legal effect, all other legal documents must conform to the
Constitution. It stipulates the most basic and important issues of the state. Acts
(codes or laws) provide common rules in each area of life. Other

237
legal normative documents usually interpret or elucidate acts in a smaller scope.
Legal normative documents can be classified according to their hierarchy or
legal validity and the names and kinds of documents.
Recently, court precedents have been recognized as a source of legal documents
while dealing with court cases. First mentioned in the Law on Organization of
People’s Courts of 2014, Article 22(2), the Judicial Council of the Supreme
People's Court has duties and powers ''to select its cassation trial decisions and
judgments and decisions of courts which have taken legal effect and are of
standard nature, summarize and develop them into court precedents and
publicize court precedents for courts to study and apply in trial".
The procedure to deal with court cases is divided into three main areas, including
Criminal procedures, Civil procedures, and Administrative procedures. These
procedures are regulated in different normative documents. At present these
documents include Criminal procedure code of 2015. Civil procedure code of
2015 and Administrative procedure law of 2015.
Criminal procedure Code of 2015 with 426 articles prescribes the procedures
and formalities for lodging and processing of criminal information, filing of
charges, investigation, prosecution, adjudication, and certain courses of action
for the enforcement of criminal judgments. Furthermore, the Law regulates the
missions, authority, and liaisons of authorities and individuals given authority to
institute proceedings (referred to as competent procedural authorities and
persons), the rights and duties of entities engaging in proceedings, other
authorities and entities, and international cooperation in criminal procedure.
Civil procedure Code of 2015 with 517 articles provides basic principles in civil
proceedings, the order and procedures for initiating lawsuits at People’s Court
to settle cases of civil, marriage and family, business, trade and labor (civil
lawsuits), and order and procedures to request the Court to settle matters
regarding civil, marriage, family, business, trade, labor (civil matters); order and
procedures for settlement of civil lawsuits and civil matters (civil cases) at
Courts.
Procedures for recognition and enforcement in Viet Nam civil judgments/
decisions

238
of foreign Courts, award of foreign arbitrators, enforcement of civil judgement
tasks, entitlements and responsibilities of proceeding authorities/ officers, rights
and obligations of participants in procedures, of individuals, of regulatory
agencies and organizations) that are relevant to ensure the resolution of civil
cases.
The Law on Administrative Procedures of 2015, in its 372 Articles, prescribes
fundamental principles in administrative procedures; tasks, powers and
responsibilities of procedure-conducting agencies and persons; rights and
obligations of procedure participants and related agencies, organizations and
individuals; order and procedures for instituting lawsuits, settling administrative
cases, executing administrative judgements and settling complaints and
denunciations in administrative procedures.
Unlike continental law countries using mainly the inquisitorial system of
adjudication in criminal proceedings, and common law countries using the
adversarial system of adjudication, procedure in Viet Nam law has the
combination of the inquisitorial system and the adversarial system, from a
careful and exhaustive investigative process, the trial will he conducted to clarify
the truth of the case. The presiding judge conducts the questioning of witnesses,
interrogating the suspect, and collecting other evidence. The trial panel will
render judgment based on the collected evidence, along with testimonies at the
trial. Justice is done when the judgment becomes legally effective. In practice,
the common character of court procedures in Viet Nam seems close to the
inquisitorial system of adjudication, while the trial panel, particularly the
presiding judge, questions the persons participating in proceedings.
(Adapted from
1. https://vanbanphapluat.co/law-no-101-2015-qh13-criminal-procedure-
code#:~:text=Criminal%20procedure%20code%20prescribes%20the,the%20e
nforcement%20of%20criminal%20judgments.
2. https://vietanlm.com/Viet Nam-law-on-administraiixe-prxtdure-20l5/)

239
Vocabulary

English terminology Vietnamese equivalent

1. written law (n) luật thành văn

2. stipulate (v) quy định (thành điều khoản)

3. legal normative documents (n) các văn bản quy phạm pháp luật

4. elucidate (v) làm sáng tỏ, giải thích

5. the Judicial Council (n) hội đồng Thẩm phán

6. Criminal Procedure Code (n) Bộ luật Tố tụng hình sự

7. prescribe (v) quy định

8. adjudication (n) sự xét xử

9. competent procedural các cơ quan tố tụng có thẩm quyền

authorities (n)

10. Article (n) điều/ điều khoản

11. arbitrator (n) trọng tài viên

12. entitlement (n) quyền lợi

13. regulatory agency (n) cơ quan quản lý

14. administrative procedures (n) tố tụng hành chính

15. denunciation (n) tố cáo

16. inquisitorial system (n) hệ thống tố tụng thẩm tra

17. adversarial system (n) hệ thống tố tụng tranh tụng

18. the trial panel (n) Hội đồng xét xử

19. testimony (n) lời khai

240
Language work

Exercise 2 Find nouns or noun phrases in the article that collocate with
these verbs

1. institute 4. take 7. execute

2. settle 5. pass 8. make

3. issue 6. initiate 9. interrogate

Exercise 3

(a) Match these words to make collocations from the article

1. written a. documents

2. normative b. authority

3. competent c. system

4. regulatory d. panel

5. administrative e. effective

6. inquisitorial f. proceedings

7. criminal g. procedures

8. trial h. agency

9. legally i. law

(b) Write a sentence using each collocation in context

1. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

241
 2. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

3. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

4. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

5. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

6. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

7. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

8. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

9. …………………………………………………………………………...
…………………………………………………………………………...
…………………………………………………………………………...

(c) Work in pairs. Test your partner on the collocations by giving the first
or second part to elicit the other

242
Exercise 4 Complete these sentences with words or phrases from the text

1. The new salary increases will ………….. from January onwards

2. Penalties for not paying taxes are by …………………. law.

3. Some doubts have been expressed about his ………………….

4. The …………….. and responsibilities of the competent procedural

authorities are clearly prescribed in Article 14.

5. In Viet Nam law, the …………… is the one who questions witnesses,
interrogates the suspect, and collects other evidence.

Exercise 5
Work in pairs. Take it in turns choosing one of the words in the box and
define or describe it for your partner to guess. When they have guessed the
word, they must put it into a sentence of their own

testimony denunciation entitlement

legal normative documents stipulate arbitrator
National Assembly Article elucidate
trial panel

Writing
Writing 1
Exercise 1 Below is an email from a client, Mr. Alex, to his lawyer, Mr.
Thomas, to ask for some advice. Arrange the following sentences to
complete his email
a. While I was working with it, the rotary cutting blade suddenly
shot out from under the mower and hit my left leg, causing
serious lacerations and extensive bruising.
b. I then phoned Handyman, Ltd. and requested compensation.

243
 c. When I phoned Gardening Solutions and told them what had
happened, they immediately disclaimed responsibility,
explaining that they had hired the lawnmower themselves from
a third party died Handyman, Ltd.
d. In fact, he sent me some sort of document stating that this had
been done.
e. The managing director of Gardening Solutions told me that
Handyman, Ltd. had stated that the mower had recently been
checked, serviced, and repaired, and was in good working order.
f. I had to go to hospital and have 18 stitches put in. and was off
work for a week after that.
g. I used it to cut some long grass in my garden.

Dear Mr. Thomas,

I require some advice on an accident that recently happened to me. The
details are as follows:
I hired a lawnmower from a company called Gardening Solutions, Ltd.
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
Their answer was that since I’d hired the mower from Gardening Solutions,
I should really be speaking to them. Can I get any compensation from
Gardening Solutions or Handyman? Please email me to advise.
Best regards,
Alex Graham

244
Exercise 2

Below are some notes prepared by Mr. Thomas when he read the email.
Read these notes and decide whether they are about the law related to the
case (L), advice on the prospects of success (AS), advice on possible defence
(AD). Further information needed (Fl), Procedure to follow (P).

1. This is a case of product liability.

2. The court in that case disagreed: it stated that although it was true that
the first defendants had the chance to look at the tool and spot the
danger, there was no evidence that the second defendants had reason to
think that such an examination would be carried out.

3. There's a possible defence that the mower was not being used for its
proper purposes (i.e., contributory negligence)

4. Damages - hard to say at present. Depends on injuries, recovery, and so

on. Get a medical report.

5. What job does the claimant do, and has she lost any wages as a result
of the accident?

6. Write both to Handyman and Gardening Solutions for information

(what is this document the client refers to?)

7. Press client's claim and ask for details of insurers

8. Both sets of defendants were held liable and damages were apportioned
between them.

9. An analogous case happened not long ago between Griffiths v Arch

Engineering Co.

10. Should be possible to negotiate settlement if they admit liability - if not,

sue.

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Writing 2

Exercise 1 Imagine that you were Mr. Thomas. Write an email to reply to
Mr. Alex about the problem mentioned in the previous letter. In your email,
provide relevant details on the following subject matter.

1. Client’s legal position - pros and cons

2. Initial advice on prospects of success and possible compensation

3. Further information required

4. Procedure to be follow

Exercise 2 Work in pairs. Exchange your email with a partner

1. Check each other’s work

2. Write the final draft email

246
 UNIT 13 LEGAL PROFESSIONALS

Lead-in Discuss these questions with a partner

1 What is a career in the legal profession?

2 What is legal position in law?

Section I WORKING IN LAW

Exercise 1 Look at this list of legal occupations. All of these people work
in law. We call all of the people who work in these jobs, ‘the legal
profession’. Match the jobs with one of the descriptions

Solicitor Attorney Barrister Lawyer

a. This person is a lawyer who gives legal advice and opinions to solicitors.
He or she passed the exams of the Bar Council of England & Wales at
the end of his or her studies.

b. This person is a lawyer who gives legal advice to individuals and

companies. He or she passed his or her exams in the USA at the end of
his or her studies and is usually a member of the American Bar
Association.

c. This person is a lawyer who gives legal advice to individuals and

companies. He or she passed the exams of the Law Society of England
& Wales at the end of his or her studies.

d. This is the general job title that we use for people who work as a solicitor,
barrister or attorney.

247
Exercise 2 Read this text about working in law. The most important words
are in the key vocabulary below. Decide if the statements on the next part
are true or false.

Key vocabulary

lawyer practise barristers law firm

training contract judge attorney acting for

legal practice qualified partnership represent

pleading a case advocacy litigation specialise

right of audience appear solicitors clients

There are two types of lawyers who practise in England. They are called
barristers and solicitors. In the USA and most other countries, lawyers don't
make this division - a lawyer is simply known as an attorney at law, or an
attorney. In both England and the USA. it is not possible to take a special exam
to be a judge. If you decide that you want to be a judge, you must get a lot of
experience as a lawyer first, then apply to be a judge and wait to see if you are
chosen.
Most law students in England become solicitors. When they finish their
university studies, they do a one-year legal practice course and then a two-year
training contract with a law firm. After that, they are qualified solicitors.
Many solicitors work for a legal practice, which is usually a partnership of
solicitors who work together. Solicitors practise in many areas of law, although
each solicitor usually chooses to specialise in one particular area. They represent
their clients both in and out of court. We often describe this as acting for a
client. The process of making a claim in the civil court is called litigation.
Barristers are self-employed lawyers and don’t work in partnerships in the way
that solicitors do. They are specialists in advocacy, which is the skill of

248
speaking for someone in court. We call this pleading a case. They also give
opinions on areas of law to solicitors and the solicitors’ clients. It is not just
barristers who have the right of audience in court solicitors are also allowed to
represent their clients in court and many solicitors appear in court every day.
It is not true to say that a client always needs a barrister in court.

a. There are two types of lawyers practising in True False

England.
b. Last year I finished my training contract and I True False
started working for a large international law firm.
I am now a qualified lawyer.
c. Only barristers can speak on behalf of clients in True False
court.
d. Many solicitors work together in partnerships but True False
barristers don’t.
e. In the USA and England, lawyers can take special True False
exam to be a judge.

MAKING A CLAIM IN THE CIVIL COURT

In the English and American legal systems, we divide the law into two main
areas. These are criminal law and civil law.

This means that everything that is not a criminal matter is a civil matter.

Exercise 1 Look at these situations and decide if the person needs a criminal
lawyer or a civil lawyer. In other words, is it a criminal matter or a civil
matter?

a. Mr. Bellerby is opening a new factory. He needs to visit a lawyer to get

a contract for all of his employees to sign.

Criminal Civil

249
 b. Mrs. Robson is thinking about what she wants to happen to her house
and possessions after her death. She needs to visit a lawyer to get the
correct document, which is called a 'will'.

Criminal Civil

c. The police are taking Mr. Dean to the police station because they say he
stole a car. He needs.

Criminal Civil

d. Mr. Flynn owns a restaurant. He has a contract with a company to deliver

fruit and vegetables to his restaurant. The company didn't deliver them
on the agreed date, so Mr. Flynn lost money because he could not open
his restaurant that day. Mr. Flynn needs to see a lawyer about asking the
delivery company to give him the money he lost.

Criminal Civil

e. Mr. Allen is a bank manager. The bank is saying that some money is
missing. Mr. Allen has a new car and expensive clothes. The police are
coming to ask Mr. Allen some questions. He needs a lawyer
immediately.

Criminal Civil

Exercise 2 Read the information below. It is about starting a claim in the

civil court. Decide if the statements that follow are true or false

STARTING A CLAIM IN THE CIVIL COURT

When you are in dispute with another person, sometimes it is necessary to start
a claim in the civil court. We sometimes call this process 'filing a claim' or
'issuing a claim'. Lawyers also say, 'starting proceedings'. We do not use the verb
'to prosecute' in civil law because that verb is only used in criminal law. In
England, most civil claims are filed in the County Court. There are over 200

250
County Courts in England and Wales. Most cities and large towns have County
Courts.

The person who starts the claim is called the claimant in the UK. This person
called the plaintiff until 1999, when there were new court rules in England to
make everything easier for people to understand. However, in the USA, the
claimant is still called the plaintiff. In both England and the USA, the other party
is called the defendant.

A claim form is the document that a claimant uses to start legal action against
the defendant.

Why might a claimant start a claim? There are a lot of reasons, for example.

• someone refuses to pay you money that they owe to you

• someone does a job for you, but they do it badly - we call this bad
workmanship

• something that you paid for is not supplied to you

• something that you bought is not working properly

The claimant has to pay a sum of money, called a court fee, for the court to issue
proceedings. In the claim form, the claimant must state the amount of his or her
claim and request the defendant to pay all of the legal costs of the case
Sometimes people talk about 'the small claims court'. They really mean the
special procedure that exists at the County Court for small claims. A small claim
is a claim for a maximum amount of £500.

a. Starting a claim means the same as starting True False

proceedings
b. You can 'prosecute' someone in the civil court. True False

251
 c. There are more than 200 County Courts in England True False
and Wales.
d. The word 'plaintiff' is not used in England any True False
more but is used in the USA.
e. It is free to start a claim in the County Court. True False

f. There is a special court in a separate building for True False

making small claims.

Exercise 3 Here are some important expressions which lawyers use when
they talk about starting a claim in civil court. Complete the sentences by
matching the first half of each sentence with the correct ending

(*) To issue a claim means to... ...confirm that you have received
the claim and to say what you will
do next.
a. To pay a fee means to... ...start a claim in the civil court.
b. To serve a claim upon someone ...listen to the details of the claim
means to... and listen to what the claimant and
the defendant say about their
dispute.
c. To respond to a claim means to... ...pay the court an amount of
money for issuing the claim.
d. To hear a case means to... ...can legally take a person’s
property when that person does
not pay money that he or she owes
e. To find in favour of someone ...officially announce the result of
means to... the case. The judge may give the
reasons for the decision.

252
 f. To give a judgment means to … ...send the claim to the defendant's
address and make sure that he or
she receives it.
g. To make an order means to … …decide that this person has won
the case.
h. A bailiff is a person who … ...officially state what someone
has to do, and how and when he or
she must do it.

Exercise 4 Here are the steps in which a claim goes through the County
Court. Fill the gaps with a word from Exercise 3

a. The claimant _________ a claim in the County Court.

b. The claimant will have to pay a _________. The amount depends on the
amount of money that the claimant is claiming.
c. The court or the claimant's solicitor _________ the claim upon the
defendant. This means that they send it to the defendant's address and
make sure that the defendant receives it.
d. The defendant has 14 days from the day he or she receives the claim to
_________ to it. The defendant can admit the claim, which means to
agree that the claim is right, and pay the money that the claimant wants,
or the defendant can defend the claim.
e. If the defendant decides to defend the claim, a judge will _________ the
case in the County Court.
f. The judge will give his or her judgment. The judge will _________ in
favour of the claimant or the defendant.
g. The parties must follow the terms of the _________ that the judge makes
and they must make sure that they obey any instructions about time
limits.
h. If the order says that the defendant must pay money to the claimant, then
the claimant can use the services of a _________ to collect that money
it the defendant does not pay.

253
Section II AREAS OE LAW

Exercise 1 In England and the USA, there is an area of law called ‘the law
of tort’. It is the law of civil responsibility. It is an area of civil law

Read this text about the law of tort. The most important words are in the key
vocabulary below. Answer the questions that follow, using a full sentence.

Key vocabulary

law of tort carelessness tort damages

injured person committed to sue grounds

allegations negligence no win-no fee breach

The law of tort says that everyone has a civil duty to be careful and not to hurt
or harm another person. Lawyers call this civil duty, 'the duty of care'.
Sometimes people breach this duty of care. To breach means to break. Very
often they breach the duty of care by accident, but sometimes they do it
deliberately. If someone hurts or harms another person because of a breach, we
call this harmful action a tort. This means that some things that might be
criminal in your legal system are a tort in England and the USA.

Look at the list of harmful actions below. In England and the USA, they are
usually torts.

• leaving the floor of a shop in a dangerous condition so that a customer falls

and hurts her leg

• saying something that is bad about someone, which isn’t true

• writing a story in a newspaper about someone, which isn’t true

• playing loud music late every night, which disturbs your neighbours

This area of law is easier to understand by thinking of a tort as being a type of

civil wrong. Each of the torts listed above has a special name. The tort that
happens most often is called negligence.

254
Negligence means that someone was not careful enough and this person
carelessness hurt another person as a result. The person who is hurt is called the
injured person. When someone hurts you as a result of his or her actions, you
need to consult a lawyer who specialises in the right area of tort. The lawyer will
try to get you money from the careless person. This money is called
'compensation' or, more correctly, 'damages'. Sometimes the lawyers can’t agree
on the amount of damages. When this happens, the injured person may decide
to sue the person who has hurt them. Suing someone is a more informal way of
saying starting proceedings against someone. The claim form will state the
claimant’s allegations against the defendant. An allegation is like in accusation
- the claimant is stating that something happened, but the defendant has the
opportunity to say this is not true.

The reasons for going to court are called 'the grounds'. The grounds for an action
in tort are that the defendant committed a tort. Sometimes a lawyer who
specialises in the tort of negligence makes an agreement with a client the
agreement is that if the client does not win the case, then he or she does not have
to pay for the lawyer’s services. this is called a 'no-win-no fee' arrangement. It
is allowed in the UK and the US.

Example question: What is the duty of care?

Example answer: The duty of care is the obligation to be careful and not to hurt
anyone.

a. How do lawyers say to ‘break’ a duty of care?

…………………………………………………………………………..
b. In England and the USA, is the law of tort an area of criminal or civil
law?
…………………………………………………………………………..
c. There are different types of tort. In general, what is a tort?
…………………………………………………………………………..

255
 d. What is the name of the tort that a person commits because he or she is
careless and hurts someone else as a result of this carelessness?
…………………………………………………………………………..

e. What does suing mean?

…………………………………………………………………………..

f. What is the correct name for the money that an injured person gets from
the defendant in a successful action in tort?
…………………………………………………………………………..

g. What is the correct name for an arrangement where a client does not
have to pay his or her lawyer if the client loses his or her action in tort?
…………………………………………………………………………..

Exercise 2 Put a word from the key vocabulary in Exercise 1 into the
following sentences

a. I am _________ the owner of the shop because there was water on the
floor and I fell and hurt my back.

b. I am a lawyer who specialises in the tort of _________. People are just

not careful enough! At the moment I am acting for the injured person in
more than 20 different cases.

c. The machines in the clothing factory were old and dangerous and one of
the employees injured his hand. The employee sued the factory owners
and got £5,000 in _________.

d. In your claim form, you accuse US of breaching our duty of care. We do

not accept that your _________ are true and we will defend your claim
in court.

e. Do you have a good reason for suing the owner of the hotel? What
exactly are your _________ for starting legal action?

256
Exercise 3 Here is a list of some important areas of law. Read what the
lawyers say on the next page. They are talking about the work they do

Match the lawyer with the correct area of law

a law of contract f employment law

………………………………….. …………………………………..
b company law g family law
………………………………….. …………………………………..
c land law h immigration law
………………………………….. …………………………………..
d law of tort i intellectual property law
………………………………….. …………………………………..
e law of equity and trusts j criminal law
………………………………….. …………………………………..

David ‘I work in New York. I deal with clients from other countries
who want to come and live here. I help them to get
permission from the government to make their dream of
living in the USA a reality?’

Tom ‘I am with a law firm in Manchester. I am now in the second

year of my training contract. At the moment I deal with
clients who are buying or selling their house. It’s my job to
make sure everything is correct and that the sale is valid and
legal.’

Jennifer I work in a very exciting area of law here in Los Angeles. I

meet a lot of writers and musicians and sometimes even
people from movie studios! I protect their rights and make
sure that no-one

257
 can copy their work and make money from it without their
permission.'
Alistair
‘When I write the story of my life, I will call my book,
"Robbers, Murderers and other Friends of mine!" I work in
Edinburgh, which is in Scotland. I defend people who are in
trouble with the police. They may even go to prison! It is my
job to help them.’
Sunitta
I work in Sydney. Australia. I give advice to people who are
unhappy living together and they want a divorce. Sometimes
people argue about money or the care of the children It's a
difficult area of law and I feel very sympathetic towards my
clients.'
Cory
‘I work in Chicago. I am quite famous on TV here in the
USA That’s because Channel 10 shows my advertisement
five times every day! I ask people to call me if they were hurt
or were in an accident because somebody else wasn't careful
enough. If people are not careful, then I'm afraid they will
have to pay damages!’
Kayleigh
‘I work in Christchurch. New Zealand. Most of my clients
have problems at work. I saw a lady this morning who is
going to have a baby. When she told her boss that she is
pregnant, he fired her from her job. That is not legal in New
Zealand and I will help her to do something about it.’
Michael
‘I work for a very big London law firm. Our clients are banks
and other big businesses. Today I am working on a merger
agreement, which means that two companies are joining
together to become one. Yesterday I advised a new client
who wants to start an internet company on the different ways
he can do it.’

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 Mary ‘I am based in Dublin, the capital city of Ireland I see people
or companies who want to make a legal agreement with
another person or company. Today I am dealing with an
agreement to deliver goods from Ireland to the USA. I have
to check every word very carefully'.’
Polly ‘I work in a very old and interesting area of law. Today I met
a client who is 70 years old and has no family. When she
dies, she wants to put all of her money into a special fund.
Her two friends will use this money to help pay for a training
school for actors and actresses from her home city here in
Liverpool. I explained to her how to do that and I will draft
the necessary legal documents for her.’

Exercise 4 Choose a word or phrase from the box to complete the sentences

intellectual property law criminal law goods

the law of tort valid merged

the law of equity and trusts family law drafting

based in

a. A lawyer who deals with clients who are in trouble with the police is a
specialist in ________.
b. Last year my bank ________ with a big German bank and they are now
called 'EuropBank'. I think they are the biggest bank in Europe now!
c. A lawyer who deals with clients who create new inventions such as
medicines or machines, or new artistic works such as books or music,
is a specialist in ________.

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 d. I spent three hours this morning ________ a contract for my new client.
I think the contract is ready for him to read and sign now.
e. I want to put some of my money into a fund for the benefit of any
grandchildren, which they will have when they reach the age of 18. I
need to see a lawyer who is a specialist in________.
f. Well, I am from London but I am ________ Amsterdam at the moment
because I’m working for a Dutch company.
g. A lawyer who deals with clients who are divorcing or who have
problems over the care of their children is a specialist in ________.
h. The company delivers ________ all over the United States by rail and
by truck.
i. A lawyer who deals with people who breach their civil duty of care is
a specialist in ________.
j. That contract is not ________ because your client hasn't signed it.

Exercise 5 Look at the words and phrases in the box. All of the words are
connected with specific areas of law. Match each of the words with the
correct definition

unfair dismissal landlord capital

lease of land and buildings maternity leave sick pay

formation of a business discriminate insolvent

conveyancing tenant redundancy

partnership merger real estate

a. To be ________ means not having enough money to pay your debts.

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b. A ________ is the joining together of two or more things such as
companies, to form one single thing or company.

c. A ________ is the person who pays rent to the owner of a house, a flat
or an office in return for living there, or for using the building for
business purposes.

d. ________ is the legal process involved in transferring the ownership of

a house or land from the seller to the buyer.

e. To ________ against someone means to behave differently towards that

person, usually in the workplace because of their age, sex or the colour
of their skin.

f. ________ is a situation where someone loses his other job for a reason
that is not valid.

g. ________ is money that an employer must pay to an employee when that

employee is ill and cannot work.

h. A ________ is an agreement to allow someone to use land or buildings

for a fixed period of time in return for a payment of rent.

i. The ________ is the establishment of a new business in a specific way.

j. A ________ is a business which a minimum of two people own and

control.

k. ________ is the time period when a woman is not at work before and
after the birth of her baby. Her employer usually pays her for part or all
of the time that she is away.

l. ________ is the total amount of money, property and other assets that a
business has.

m. ________ is a situation where someone loses his or her job because an

employer no longer needs so many employees.

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 n. A ________ is a person who owns a house, a flat, or office, and receives
rent from someone for allowing them to live there, or use the building
for business purposes.

o. ________ is a more formal way of saying land and houses.

Exercise 6 All of the words and phrases in Exercise 5 belong to either

employment law, business law or land law. Put each word or phrase under
the correct area of law.

Employment law Business law Land law

Exercise 7 Complete the following sentences by using the words from the
employment law section

a. My baby will arrive at the end of March, so I will take six months'
________ starting on 1st March.

b. He sued his employer on the grounds of ________ because the reason

his employer gave for firing him was not valid.

c. If you are ill and not able to work, you should look at your contract to
see if you can get ________.

d. It is against the law in England for an employer to________ against an

employee because of his or her age.

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 e. Many employees are worried about ________ because a lot of
businesses are closing in this area at the moment.

Exercise 8 Complete the following sentences by using the words from the
business law section

a. The ________ is the formal way of saying the way in which a new
business is created.

b. The total ________ of the business is valued at approximately £32

million.

c. The business does not have enough money to pay its debts and is
________.

d. There will be a _______ next year between two major British chemical
companies.

e. My friend and I want to start a cleaning business together and we decided

that the best thing to do is to create a _______.

Exercise 9 Complete the follow ins sentences by using the words from the
land law section

a. He is a very good ________. He always pays the rent on time!

b. My sister works in the Property department of her law firm. She acts for
people who are buying and selling houses. She is a specialist in
________.

c. We don't own our house, we rent it. The ________ ends in three months,
so we will have to find somewhere else to live.

d. He is the ________ of five houses in this area. He makes a lot of money

every month from the rent.

e. The price of _________ in this part of the country increased a lot last
year. It is very expensive to buy a house.

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EXAM PRACTICE

Exercise 1 Look at the sentence below. Each sentence contains a mistake.

The mistake is either an incorrect word or a word that should not be there.
Put a circle around the word. Do NOT circle more than one answer for each
sentence. There is an example at the beginning (*)

Example

(*) In the United States, they do not difference between two separate kinds of
lawyers because all lawyers are known as attorneys.

1. When a student finishes his or her legal studies, he or she has to make a
two- year training contract with a law firm.

2. The law of tort says that every one must to be careful and not harm other
people.

3. I will start my training contract with the Taylor Wallis in September.

4. If we issue a claim against you, we will ask for a very high damages.

5. He breached the contract and I will prosecute him in the civil court.

Exercise 2 Look at the article below. Read it and decide if the statements
under it are true or false. Write your answers in the box below. There is an
example at the beginning (*).
Sanjay Pritam is a partner with a law firm in Southampton in the south of
England. Sanjay is a specialist in maritime law. He chose this area of law
because of his family history. His father owns a ship. Sanjay’s father worked on
this ship for his whole life. Sanjay worked with him for two years and then he
started his legal studies. Sanjay thinks this practical experience on a ship was
very useful.
English law influences most of the law that governs international maritime cases.
For this reason, lawyers from all over the world contact Sanjay’s office to ask
him for his opinion, which he gives by phone or email.

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When maritime lawyers are speaking informally, they divide cases into two
categories. They call them 'dry' cases and 'wet' cases. Dry cases involve
problems with shipping contracts and wet cases involve problems at sea, such as
ships that have accidents. Most of the cases that Sanjay deals with cannot be
negotiated and end in litigation.
Example
(*) Sanjay Pritam works in a family law practice.

1. Sanjay's father is also a lawyer.

2. Sanjay thinks it is good that he worked on a ship before he was a lawyer.

3. Sanjay usually travels to other countries to help lawyers who have

questions about maritime law.

4. A maritime case involving a breach of contract is informally called a 'dry

case'.

5. Most of Sanjay’s cases go to court because the parties cannot agree upon
a solution.

(*) FALSE (1)……. (2)……. (3)……. (4)……. (5)…….

Exercise 3 Here is a conversation between a lawyer and his client. The

conversation is mixed up. Put the conversation in the correct order. Write
your answers in the boxes numbered below. There is an example at the
beginning (*), which is the start of the conversation
(*) Good morning. Mr. Rodríguez. Thank you for coming to see me I understand
that you would like to issue a claim in the County Court?

a. Three months is a long time. I agree that you should issue a claim I will
explain to you how it all works. The first thing that we must do is to
complete a claim form and file it at the County Court.

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 b Yes, you will have to pay a fee. But if you win, the judge will usually
order the defendant to pay back the fee. The next thing that happens after
we file the claim is that the court will serve the claim form upon the
defendant.

c. Yes, that is correct. I think going to court is the only thing that I can do.
I supply food to restaurants and café in Chatsworth. I have a contract
with all of my customers. The contract states that a customer has 14 days
to pay me from the date they receive a delivery. A customer who owns
a café in town is three months’ late in paying me. I would like to start
proceedings against him.

d. I see. What information do you need to complete the claim form?

e. He has 14 days to respond. In this case I hope your customer agrees that
your claim is correct and that he will pay the money he owes you when
he receives the claim. That is the best thing that can happen.

f. I need the name and address of your customer. When we file the claim,
your customer will be called the defendant. I also need the details of your
claim. I need to know when the defendant received the delivery from
you and when he was supposed to pay you. Please bring me a copy of
the contract so that I can check the part of it that talks about payment.
How much money does he owe you?

g. And when he receives the claim, how many days does he have to respond
to it?

h. £430. I can bring a copy of the contract to your office this afternoon.
What happens when we file the claim? Do I have to pay a court fee?

(1) * . (2)…. (3)…. (4)…. (5)…. (6)…. (7)…. (8)…. (9)….

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