Unit 1 - The practice of Law | Exercises and Flashcards

Unit 1, International Legal English Exercises and Flashcards

These exercises focus on Unit 1, International Legal English

Wordlist for Unit 1, International Legal English

Word	Definition	Example
civil law	A legal system based on written laws and codes that prescribe how disputes are resolved between individuals or entities	In civil law systems, disputes between individuals or entities are resolved through legal proceedings
common law	A legal system where precedent, past judicial decisions, plays a significant role in shaping and interpreting the law, alongside statutes and regulations	Common law systems rely heavily on judicial precedent to make legal decisions
criminal law	The branch of law that deals with offenses against the state or society, typically involving prosecution by the government and potential imprisonment or fines	Criminal law deals with offenses against the state and defines what actions are considered crimes
based on	To rely on or derive from a particular source or foundation	The decision was based on established legal principles
bound by	Legally obligated or restricted by a contract, law, or obligation	As a citizen, you are bound by the laws of your country
codified	To compile and arrange laws or rules into a systematic and organized code	The country's constitution is a codified document that outlines its fundamental laws
custom	Established practices and traditions that influence legal principles but may not be written in formal laws or codes	Customary law often varies from one region to another
disputes	Conflicts or disagreements, often legal in nature, that require resolution through a legal process	Legal disputes are common in contract law cases
legislation	Laws enacted by a legislative body, such as a parliament or congress	The new legislation introduced stricter penalties for certain offenses
non-criminal	Pertaining to actions or matters that are not considered criminal offenses	This civil case involves non-criminal matters
precedent	Previous court decisions that serve as examples or guidance for current and future cases with similar issues	The judge cited several legal precedents to support the decision
provision	Specific clauses or sections within a legal document or law that outline particular rules or requirements	The contract contains provisions for resolving disputes
ruling	Official decisions or judgments made by a court or authority on a particular legal matter	The Supreme Court's rulings set important legal precedents
directive	A legal instrument issued by an authority or government that directs specific actions or objectives to be followed	The government issued a directive to address the issue
ordinance	A local law or regulation enacted by a municipal or local government	The city council passed an ordinance prohibiting street parking
statute	A formal written law enacted by a legislative body, typically at the national or state level	The statute prohibits discrimination on various grounds
regulation	Detailed rules and requirements established by a government agency to implement laws or statutes	Government agencies often create regulations to enforce laws
bill	A proposed law presented to a legislative body for consideration and debate before becoming a statute	The bill is currently in the legislative process
stipulate that	To specify or include a particular requirement, condition, or provision in a legal document or agreement	The contract stipulates that payments must be made monthly
provide that	To state or include a specific provision or requirement within a legal document or law	The law provides that all citizens have equal rights
specify that	To explicitly mention or detail a particular condition, requirement, or aspect within a legal context	The lease agreement specifies that pets are not allowed
state	To express or formally declare something in a clear and definitive manner, often within a legal document	The witness stated that he had not seen the woman before
set forth	To present or outline information, rules, or provisions in a structured and organized manner	The contract sets forth the terms and conditions of the agreement
determine	To decide or establish a particular outcome or course of action based on legal principles or authority	The court will determine whether the defendant is guilty
lay down	To establish, prescribe, or set forth rules, regulations, or requirements in a formal manner	The regulations lay down the rules for environmental protection
prescribe that	To mandate or require something as a rule or obligation within a legal context	The law prescribes that all vehicles must have insurance
appellate court (or court of appeals, appeals court)	A higher court that reviews decisions made by lower courts and has the authority to uphold, overturn, or modify those decisions	If you disagree with the lower court's decision, you can appeal to the appellate court
crown court	A court in the United Kingdom that hears serious criminal cases and some civil cases	Serious criminal cases are typically heard in the crown court
high court (or supreme court)	The highest court in a jurisdiction, typically responsible for reviewing important legal issues and appeals	The high court has the authority to hear complex legal cases
juvenile court	A court specialized in handling cases involving minors or juveniles, often focusing on rehabilitation and support	Juvenile court handles cases involving minors
lower court (or court of first instance)	A court of original jurisdiction where legal cases are initially heard and decided	Most legal matters start in the lower court
magistrates' court	A lower court in some jurisdictions that deals with minor criminal offenses and certain civil matters	Minor criminal cases are often heard in magistrates' courts
moot court	A simulated court where law students practice their advocacy skills and argue hypothetical cases for educational purposes	Law students practice their advocacy skills in moot court
small-claims court	A specialized court that handles small-scale civil disputes with simplified procedures, typically without lawyers	Small-claims court is for resolving minor disputes
tribunal	A specialized judicial body established to resolve specific types of disputes, often outside the regular court system	The employment tribunal will hear the discrimination case
defendant	The party in a legal case against whom a claim or charge is made, who is required to defend against the allegations	The defendant denied the allegations in court
judge	A legal official who presides over and makes decisions in a court of law	The judge presided over the trial
claimant	The party in a legal case who initiates the lawsuit by making a claim or allegation against another party	The claimant seeks compensation for damages
advocate	A legal professional who represents clients in court proceedings and provides legal advice and support	The defense advocate presented a strong argument
clerk	An administrative assistant in a court who manages documents, schedules, and other administrative tasks	The court clerk maintained the case records
bailiff	An officer of the court responsible for maintaining order in the courtroom and executing court orders	The bailiff maintains order in the courtroom
reasonably prudent person	A legal standard that refers to how an average, rational person would act or behave in a given situation	A reasonably prudent person would exercise caution in such a situation
affidavit	A sworn written statement of facts made voluntarily and confirmed under oath, often used as evidence in legal proceedings	The witness signed an affidavit to confirm their testimony
answer	A written response filed by a defendant in a civil case, addressing the allegations made in the plaintiff's complaint	The defendant must file an answer to the complaint
brief	A written legal document submitted to a court that presents arguments, legal points, and supporting evidence in a case	The legal brief summarizes the key arguments
complaint	The initial legal document filed by a plaintiff that outlines the allegations and the basis for a lawsuit	The plaintiff filed a complaint against the company
injunction	A court order that requires a party to do or refrain from doing a specific action, typically to prevent harm or enforce rights	The court issued an injunction to halt construction
motion	A formal request made by a party to a court, seeking a specific action or decision on a legal matter	The attorney filed a motion to dismiss the case
notice	Formal communication or notification, often used to inform parties involved in a legal process of important information	The notice informed the tenant of the eviction
pleading	Formal written statements filed by the parties in a lawsuit, including the complaint, answer, and other legal documents	The pleading outlines the plaintiff's claims
writ	A written order or command issued by a court or other authority, often used to compel a specific action	The writ orders the sheriff to seize the property
to draft a document	To compose or create a written legal document, such as a contract, agreement, or legal brief	The lawyer will draft a legal document for the client
to issue a document	To officially release or distribute a legal document, often through a court or governmental authority	The court will issue a summons to the defendant
to file a document with an authority	To submit a legal document to an official entity or organization, often for the purpose of record-keeping or legal compliance	The company must file its financial statements with the regulatory authority
to serve a document on someone	To deliver or provide a legal document to a specific individual or party involved in a legal matter	The process server will serve the lawsuit papers on the defendant
to submit a document to an authority	To formally present or deliver a legal document to an official or governing body for review or processing	The applicant must submit the permit application to the municipal authority
bar	The legal profession or community, including lawyers and attorneys	The legal bar association provides support to lawyers
corporate	Related to businesses and corporations, often used in the context of corporate law	Corporate law governs the activities of businesses
defense	The party or legal argument that opposes the claims or charges made by the plaintiff or prosecution	The defense attorney represents the accused
government	The governing body or authority responsible for making and enforcing laws and regulations in a jurisdiction	Government agencies enforce laws and regulations
patent	A legal protection granted by the government to inventors, giving them exclusive rights to their inventions for a certain period	The inventor applied for a patent for the new technology
practitioner	A professional who practices in a specific field, such as law or medicine	The legal practitioner specializes in family law
public sector	Government-owned or operated organizations and services, as opposed to the private sector	Public sector employees work for government agencies
sole practitioner	A lawyer or professional who operates independently without partners or associates in their practice	The lawyer operates as a sole practitioner
tax	A financial obligation imposed by a government on individuals and businesses to fund public services and programs	Tax law determines how individuals and businesses pay taxes
trial	A formal legal proceeding in which evidence is presented, and a judge or jury makes a decision on the case's outcome	The trial will begin next week in the criminal court

Illustration of Unit 1 - The practice of Law

FAQ: The Practice of Law

What is the difference between civil law and common law?

Civil law relies on codified statutes and regulations as the primary source of law, while common law is based on judicial precedents established by court rulings. Understanding this distinction helps clarify how laws are applied in different jurisdictions.

What does it mean when a law is "codified"?

A codified law is formally written and organized into a systematic collection, such as statutes or legal codes. Codification ensures consistency and accessibility in legal reference.

How is a "statute" different from a "regulation"?

A statute is a law passed by a legislative body, while a regulation is a rule issued by an administrative authority to implement or enforce the statute. Both are essential in shaping how laws function in practice.

What are "precedents" in the legal system?

Precedents are previous court rulings that guide future cases. They are crucial in common law systems, where judicial decisions help shape the interpretation of laws.

What is the role of an appellate court?

An appellate court reviews decisions made by lower courts to ensure that the law was applied correctly. It does not re-try cases but evaluates legal errors or procedural issues.

How do practitioners "serve a document" on someone?

Serving a document involves delivering legal paperwork, such as notices or summonses, to the relevant party to ensure they are officially informed of legal proceedings.

What is the significance of "moot court"?

Moot court is a simulated court experience often used in legal education to help students practice presenting cases and formulating arguments, preparing them for real-world legal practice.

What does "reasonably prudent person" mean in legal terms?

This term refers to a hypothetical individual who exercises ordinary care and judgment in a given situation. It is often used to assess negligence or liability in legal cases.