UNIT i1 PUBLIC AND PRIVATE LAW Discuss these questions with a partner Lead-in 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? 214TEXT i 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 Procédure, 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 State and its powers, while also setting certain substantive and procedural limitations on the exercise of governing power. Constitutional Law consists of the application of 215fundamental principles of law based on the document, as interpreted by the 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., the 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 powers 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 that 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 216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 off fenders. ‘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 hitps./nios.ac.in/media/documents/SrSec338New/338_Introduction_To_Law_ Eng/338_Introduction_To_Law_Eng_L12.pap) Vocabulary N° English terminology Vietnamese equivalent 1 | jurisprudence (n) luat hoc 2 transcendental (adj) siéu viét 3 metaphysical (adj) siéu hinh, triru tuong 4 precepts (n) quy tic 5 ascertain (v) xéc dinh 6 | postulate (v) yéu cau, doi hoi 7 | supremacy (n) tdi cao 2178 Secular (n) thé tuc (trung lap vé ton gido, khéng hé tr hay phan d6i bat cir t6n gido nao) 9 | concrete (activity) (np) (hoat déng) cv thé 10 | manifoldly changing (hoat déng) thay déi da dang (activity) (np) Il | promulgation (n) sy ban hanh, céng bé (1uat) 12 | subordinates (n) “| van ban quy pham phdp luat duéi Luat (van ban phap quy) 13 discretion (n) quyén ty y dinh doat /quyén ty dinh ligu 14 welfare (n) sy thinh vuong 15 | revenue (n) thu thué 16 | orbit (n) quy dao 17 | enumeration (n) ligt ke - 18 | infringe (v) vi pham (luat 1€) 19 | intimation (n) su thong bao 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 218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 2. entity 8 executive . h. activity 9 | penal i. relations 10 | Private k. 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 whole area. (AUTONOMY) ++ act as courts for the 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 ..........000..005 to the King, not questioning his government. (OBEY) 5. |The company doesn’t believe its promotional material is a trademark (INFRINGE) 219Exercise S 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 ofthe State Judge-made Law Socialist Democratic Parliamentary Independent Judiciary Section I 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. 220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 ie. 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 221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 relations 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 rules, 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 under 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. VRU. 46 (4), 367-387) 222Vocabulary N° English terminology Vietnamese equivalent I adjective (law) (np) (php Iuat) tha tuc /hinh thtre (d6i lap voi phap Iuat ndi dung] 2 commence (v) bat dau 3 Substantive Law (np) Phap luat ndi dung 4 | antecedent rights (np) quyén chi thé 5 antecedent rights ‘in rem’ (np) _| vat quyén 6 rights ‘in personam’ (np) quyén nhan than 7 | remedial (adj) [cé tinh chat] bdi thuéng/bdi hoan 8 restitution (n) hoan tra lai 9 compensation (n) béi thudng thiét hai 10 | artificial persons (np) phap nhan, 18 chire il natural persons (np) ca nhan 12 | succession (n) thita ké 13 | hierarchical (adj) tinh cap bac 14 intestacy (n) tinh trang chét khong dé lai di chic 15 | tort (n) bdi thuong thiét hai ngoai hop déng, 16 | abduction (n) tOi pham bit céc tré em 17 | adultery (n) (6i ngoai tinh 223Language work Exercise 2 Find words in the text that match these definitions, | 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 way ,_ | 8 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 sentences below: 1. Garth doesn't work; he just lives off his .............. .-.- INHERIT) 2. | Incorporation may itself take several forms: public or private, limited or seesssesee 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 ceeeesesseeeeeeee (PARTNER) 5. | Such clauses have no effect on the primary to the third party for the death or personal injury he has suffered. (LIABLE) 224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. .... losses arising out of their 4. | Landlords indeed are responsible ... negligence 5. | There’s a subtle difference ........... flavour between these coffees. Exereise 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. 2253. majority / rights / dealt with / in Public Law / permanently enjoyed / the State. 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 226UNIT 12 PROCEDURE Discuss these questions with a partner: Lead-in 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 227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 of 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 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.¢., 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 hips://www. britannica.com!topic/procedural-law) 228Vocabulary N° English terminology Vietnamese equivalent 1_ | Provedural law (n) = Adjective law (n) Luat hinh thire 2 | Substantive law (n) Luat ndi dung 3. | Execution of judgment (ap) Thi hanh ban an 4 | judicial proceedings (ap) Tha tuc t6 tung 5. | Witnesses (n) . Nhan chimg 6 | the agreement (n) Diéu khoan 7 | physical proof (n) Bang chimg 8 | Corollary (adj) (n) ~ Thude vé hé qua - Hé qua 9 | Sanction (n) Phé chuén Language work Exercise 2 Find synonyms for the following words/ phrases 1. Procedural law Enforce Obligations Unfair 2. 3, 4 5 Offense 6. | Allege 7. 8 9. Evidence Render Regulate 10. | Govern 229Exercise 3 Match the words/ phrases with their corresponding definitions. 1. Substantive | a. |To put right a wrong or give payment for a wrong that| llaw has been done 2. |Sanction b. JA 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| lor a law. 4. (Upset d. |The part of the law that deals with the rights and duties| lof people, organizations, etc. rather than the part that] ideals with legal processes. 5. |Redress ¢. {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? 230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 19” 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 231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 cases 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 defenses, (For modern 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 secking review. The complexities of the common lawprocedure 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 232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 states 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 233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 testify 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 234 BP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. Japahese Civil Code of the 1890s was modeled 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 li. Adapted from _https://www.britannica.com/topic/procedural-law/Historical- development) Vocabulary N° English terminology Vietnamese equivalent 1 | Napoleonic code (np) Bé luat Napoleon/ bé luat dan sy Phap 2 | Civillaw/Romanize law (np) | Luat Phap-Dwre/ luat La ma 3. | Trial by battle (vp) Xét xit biing hinh thite giao déu 4 | Writ (n) Lénh 5 | Plaintiff (n) Nguyén don 6 | Sheriff (n) Canh sat truéng 7 | Pleadings (n) Su bao chita, su bién h6 8 | Chancery (n) Toda dai phép - bd phan xét xtr theo luat céng ly (Vuong Quéc Anh) 9 | Litigants (n) Ngudi kién, ngudi duong tung 10 | Promulgate (v) Ban hanh 23511 | Congressional veto (np) Quyén pha quyét ctia quéc héi 12 | Cumbersome (adj) Céng kénh 13 |:Decree (n) Nghi dinh, séc enh 14 | Expedite (v) xc tién, thanh toan, gidi quyét (céng viéc) 15 | Codification (n) Phap dién hoa Language work Exercise 2 Read the text and answer the questions below. i. | 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? Austria? 3. | What amendments were made in the Code of Civil Procedure of 1895 in inspired by Austria’s model? 4. | In which year did France start to make a change in its civil procedure as 5. I 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 G 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 I] PROCEDURE IN VIET NAM Reading 3 Exercise 1 Answer these questions, then read the article below to check your answers, lL. 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 usualiy 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. Recéntly, 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 judgments; 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 casés. 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 be 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-gh13-criminal-procedure- codett:~:text=Criminal% 20procedure%20code%20prescribes%20the, the%20e nforcement%200f%20criminal%20judgments. 2. https://vietanlaw.com/Viet Nam-law-on-administrative-procedure-2015/) 239Vocabulary N English terminology Vietnamese equivalent 1 ‘] Written law (n) luat thanh vain 2 | Stipulate (v) quy dinh (thanh diéu khoan) 3. | Legal normative documents (n) Cée van ban quy pham phép luat 4 | Elucidate (v) lam séng t6, giai thich 5. | The Judicial Council (n) H6i déng Tham phan - 8 | Criminal procedure Code (n) B6 luat t6 tung hinh sur 9 | Prescribe (v) quy dinh 10 | Adjudication (n) sur xét xt 11 | Competent procedural authorities (n) | Cac co quan té tung cé tham quyén 12 | Article (n) Diéw/ diéu khoan - 13 | Arbitrator (n) trong tai vién - 14 | Entitlement (n) quyén loi 7 15 | Regulatory agency (n) co quan quan ly 16 | Administrative procedures (n) T6 tung hanh chinh 17 | Denunciation (n) 16 cdo 18 | Inquisitorial system (n) Hé théng té tung thdm tra ; 19 | Adversarial system (n) He théng t6 tung tranh tung ; 20 | The trial panel (n) HOi dong xét xit 21 | Testimony (n) 1oi 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 Documents 2. | Normative Authority 3. | Competent System 4. °| Regulatory Panel 5. | Administrative Effective 6. | Inquisitorial Proceedings 7. | Criminal Procedures 8. Trial Agency 9. | Legally Law (b) Write a sentence using each collocation in context. lL. 241(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........0..0...0004 by law. 3. | Some doubts have been expressed about his. 4. | The. authorities are clearly prescribed in Article 14. . and responsibilities of the competent procedural 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 National Assembly Article Arbitrator 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. | [then phoned Handyman Ltd and requested compensation, 243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 ‘called Handyman Ltd. In fact, he sent me some sort of document stating that this had been done. 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. Thad to go to hospital and have 18 stitches put in, and was off work for a week after that. L 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. hired a lawnmower from a company called Gardening Solutions Ltd. Their answer was that since I’d hired the mower from Gardening Solutions, | should really be speaking to them. Can | 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 ease (L), advice on the prospects of success (AS), advice on possible defence (AD), Further information needed (FI), 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 fook 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. 245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 14 LEGAL PROFESSIONALS Discuss these questions with a partner. Lead-in | 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. 267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 page are true or false. Key vocabulary Lawyer practise Barristers lawfirm | Attorney judge training contract acting for Qualified legal practice Partnership represent itigation advocacy pleading a case 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 268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 J finished my training contract and I True False started working for a large international law firm. I am now a qualified lawyer. ¢. Only barristers can speak on behalf of clients True False in court. d. Many solicitors work together in partnerships True False but barristers don’t. e. In the USA and England, lawyers can take a True False special 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 is 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 269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 ec. The police are taking Mr. Dean to the police station because they say he stole acar. 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 CL] civit 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 il 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 suing 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 | 270[County Courts in England and Wales. Most cities and large towns have a | ‘ounty Court. | The Ppersqn who starts the claim is called the claimant in the UK. This person | | was 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 | | arty is called the defendant. 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 tot of reasons, for example: someone refuses to pay you money that they owe to you i. someone does a job for you, but they do it badly — we call this bad | i J | workmanship | i° . 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 i | special procedure that exists at the County Court for small claims. A small | | | claim i is a claim for a maximum amount of £500. | a. Starting a claim means the same as starting True L False proceedings b. You can ‘prosecute’ someone in the civil court. | |_|] True False 271ce. There are more than 200 County Courts in True False England and Wales. d. ‘The word ‘plaintiff’ is not used in England True False any more but is used in the USA e. Itis free to start a claim in the County Court True False f. There is a special court in a separate building True False for 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 «listen to the details of the claim and listen someone means to... to what the claimant and the defendant say | about their dispute. : ¢, To respond to a claim means pay the court an amount of money for. to... 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 the case. | means to... The judge may give the reasons for the decision...-Send the claim to the defendant's address | f. To give a judgment means | to... 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, | 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 if the defendant does not pay 273Section II AREAS OF LAW Exercise 1 In England and the USA there is an area of Jaw 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 vocabula | law of tort carelessness tort damages linjured person committed to sue grounds / i i | 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. . 274Negligence means that someone was not careful enough and this person’s 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 nneed ‘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 an 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? 275d. What is the name of the tort that a person commits because he or she ig 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 alam 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 £5000 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? 276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 ie land law h_ immigration law d_ law of tort i intellectual property law 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 ig 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 277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 “{ 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 Jaw 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 ‘1 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.” 278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 Lreland to the USA. I have to check every word very carefully! Polly ‘ 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. Drafting criminal law goods the law of tort the law of equity valid Intellectual property —_family law and trists law based in merged 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 279d, I spent three hours this morning a contract for my new client, | 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 my grandchildren, which they will have when they reach the age of [8. I need to see a Jawyer who is a specialist in f. Well, I am from London but J 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 redundancy | | lease of land and maternity sick pay partnership / buildings leave | | formation of a business discriminate insolvent merger | / tenant conveyancing __ real estate means not having enough money to pay your debts. 280bA is the joining together of two or more things, such as companies, to form one single thing or company. cA is a 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. a. is the legal process involved in transferring the ownership of a house or land from the seller to the buyer. eTo against someone means to behave differently towards that person, usually in the workptace, because of their age, sex or the colour of their skin. f. is a situation where someone loses his or her 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. hA 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. pA 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. 281nA 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. 0. 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 1 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. 282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 following 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 ce. 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. 283EXAM PRACTICE Exercise 1 Look at the sentences 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 everyone 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. 284When maritime lawyers are speaking informally, they divide cases into 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) @) (4) (3) 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., Rodriguez. 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 alt works. The first thing that we must do is to complete a claim form and file it at the County Court. 285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. ce. Yes; that is correct. I think going to court is the only thing that I can do. I supply food to restaurants and cafés 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. | 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? Me) |@ @) @) 6) 6) @ (8) Q) 286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., Rodriguez. 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, 285