Legal English I

Unit 1

UNIT 1

Law Law and justice Legal vs. moral Legalese Essay writing

LAW AND U!TI"E

#E$ %&"A'ULA($
LAW, the body of official rules and regulations, generally found in constitutions and legislation, is used to govern a society and to control the behaviour of its members. In modern societies, a body with aut)ority, such as a court or the legislature, makes the law: and a law en*orcement agency, such as the police, makes sure it is observed. In addition to enforcement, a body of expert lawyers is needed to apply the law. This is the role of the judiciary + the body of judges in a particular country. Of course, legal systems vary between the countries, as well as the basis for bringing a case before a court or tri,unal. One thing, however, seems to be true all over the world starting a legal action is both expensive and time consuming. The concept of U!TI"E is a bit different. !ustice is what is rig)t- fair, appropriate, deserved. It is identical to the truth. It is u.)olding o* rig)ts and .unis)ment o* wrongs. "aw should be written to be as just as possible and in a #ust society the right criminal is punished for each crime committed and he is punished in a *air way.

Legal English I

Unit 1

LI!TENIN/

1 W0AT I! LAW1

I.

$ou are a student o* law in t)e University. T)e title o* your *irst lecture is 2W)at is Law13. a. %rite a definition of law b. %hat other ideas will be in this lecture& 'ake some notes. Listen to 4art 1 o* t)e tal5. W)at does t)e lecturer say a,out law1 Tic5 one or more o* t)e *ollowing6 a. It(s about rules. b. It is about not doing things. c. It is about punishment. d. It is more complex than this. In a. b. c. .art 7 o* t)e tal5- t)e lecturer mentions 'A(- 8AI( and U!T. %hat do these words mean in general )nglish& %hat do they mean in law& "isten and check your ideas.

II.

III.

I%.

In .art 9 o* t)e tal5 t)e lecturer descri,es di**erent ,ranc)es or ty.es o* law. a. *ow many branches or types of law you can think of& b. "isten and check your ideas. In t)e *inal .art o* t)e tal5 t)e lecturer gives a de*inition o* law and some e:am.les. Listen and mar5 eac) word in t)e ,o: D i* it is .art o* t)e de*inition and E i* it is .art o* t)e e:am.le. set forbid limit rules speed camera drive re+uire actions

%.

%I.

Write a de*inition o* law. Use words *rom E:ercise %.

Legal English I

Unit 1

DI!"U!!I&N
LAW I. Read and think
LAW! are separate, individual rules. A LAW is one individual rule, or one -ct of .arliament. LAW or T0E LAW is a whole system. )ach rule, which we call A LAW, is a part of the whole system, which we call LAW or T0E LAW.

II. In pairs, discuss the use of the word LAW in the following:
a. b. c. d. e. f. g. h. i.

If you break the law, you must expect to be punished. There is no democracy without the rule of law. /oyle(s law is a scientific principle. %ith the president(s signature the bill becomes a law. 0riving when you(ve had too much to drink is against the law. 1he is a student of "aw. Their ultimate goal is to establish law and order. 2ou(ll find the definition of 3asylum seeker4 in the "aw on 5iti6enship. *e took the law into his own hands and shot the burglar.

III. What terms would you use in your mother tongue for each of the terms in exercise II? I . !ry to match the sentences from the II with the following: $. a rule that is supported by the power of government and that controls the behaviour of members of society ,. the whole set of such rules 7. a statement expressing what has been seen always to happen in certain conditions 8. respect and obedience for the law in society

U!TI"E . "ill in the gaps with the following words:

.ower .rejudice justice im.artially *acts

In the law courts of the 9nited :ingdom, the symbol of ;;;;;;;;;;; is portrayed as a woman holding out a set of scales in one hand and a sword in the other. The sword is held in the right hand and represents the ;;;;;;;;;;; of discrimination and #udgment, applied ;;;;;;;;;;; after weighing up the ;;;;;;;;;;; presented on the scales held out in the other hand. <urthermore, to show that #udgment is made =without ;;;;;;;;;;;= the woman wears a blindfold.

Legal English I

Unit 1

(EADIN/

#re$reading
%iscuss:
1. Look at the title of the text below. What do you understand by miscarriage of &ustice? What do you think might be done to avoid it? 2. ifferent !unishments are used in various "ountries for the same ty!e of "rimes. In your o!inion# should "ultural$religious "ode of behavior be taken into a""ount when de"iding on somebody%s guilt$inno"en"e or the ty!e of !unishment$length of senten"e?.

Reading

;iscarriage o* ustice
-ny system operated by human beings, with all our fallings and despite all the safeguards is fallible. It is inevitable that there should occasionally be miscarriages of #ustice. %itnesses sometimes make mistakes, so perhaps do #uries, and even a #udge may go wrong. %hat is important is that when miscarriages of #ustice occur we should be careful to apply the lessons which they may bring with them. .erhaps the most remarkable case of a miscarriage of #ustice a case involving systematic frauds on women, was that of -dolf /eck. %hat is especially notable about this case is that it led shortly afterwards to a fundamental reform in the )nglish legal system. In $>?@, when the first blow fell, -dolf /eck, a Aorwegian who had business interests in /ritain, was living in %estminster in the very heart of "ondon. -t that time, an ex convict, %. Thomas, alias !ohn 1mith, who had been convicted of numerous frauds on women, was back again at his old tricks in "ondon. /oth men were of similar age and build, had grey hair and grey moustache. Thomas had a little scar on the right side of his neck, resembling a mole. *e was well dressed and usually wore black frock coat. /eck also had a mark on the right side of his throat and a mole close to it. *e also used to wear a black frock coat. In 0ecember $>?@, a woman who had been defrauded by %. Thomas, saw /eck near Bictoria station in "ondon. 1he was at once convinced that /eck was the man who had defrauded her of her #ewels. 1o began the case which will be for ever remarkable in )nglish history of criminal #ustice. /eck was up for identification and the women who had been defrauded, one after another, picked out /eck as the man who had cheated her. Aone of the property in +uestion was in the possession of /eck, but the prosecution assumed he had promptly got rid of it. They assumed that he was %. Thomas, ex convict, and when the defense sought to en+uire whether he was in fact the same person, the prosecution successfully ob#ected lest he might be pre#udiced in the eyes of the #ury, for the #ury, as a rule, knew nothing of a prisonerC s criminal history, if he had one. In addition, in those days a prisoner did not have the right to give evidence on his own behalf. 1o, merely hearing his protestations of innocence, the #ury found /eck guilty and he was sentenced to seven years penal servitude.

Legal English I

Unit 1

*e was released from prison in the summer of $?D$. %. Thomas was arrested the same year and confessed to the crime -dolf /eck had been accused of. 1o, truth and #ustice triumphed at last. /eck was given @DDD pounds of compensation but nobody could take away the ordeal he had passed through. )ven a 5ommittee of In+uire was set up and the vindication of /eck was complete. -s a result, the 5ourt of 5riminal -ppeal was established in $?DE a court to which any person who complains of his conviction before #ury, or of his sentence, may resort. &'da!ted from (() Euro!ean *ervi"e+ ' ,agistrate%s -emember.

#ost$reading
'omprehension check: $. 0iscuss on what grounds this miscarriage of #ustice occurred and why the prosecution assumed that /eck was guilty. ,. %ould this be possible today& 7. %hy was this case important for the )nglish legal system& oca(ulary: $. 'ach the terms from column - with their meaning in column /: $. fraud $. ex convict ,. to convince 7. inevitable 8. pre#udice @. vindication F. fallible E. alias >. ordeal ?. penal $D.to resort aG bG cG dG eG fG gG hG iG #G kG / false name suffering cannot be prevented former prisoner to turn to punishable misrepresentation leading to a deceit a strong bias exoneration likely to make a mistake to persuade

Legal English I

Unit 1

BO5-/9"-H2
I. )atch the phrase with &ustice with the appropriate explanation
-G a situation in which someone is made to suffer for something bad they have done in a way that seems perfectly suitable or right. /G 1omeone has been treated fairly or has been given a punishment they deserve 5G To catch someone who you think is guilty of a crime and arrange for them to go to court 0G -void being punished for a crime )G To treat or represent someone in a way that is fair and shows their best +ualities

$. ,. 7. 8. @.

escape #ustice bring somebody to #ustice #ustice has been served do #ustice to somebody poetic #ustice

II. "ill in the gaps with the appropriate phrase from exercise I:
$. -fter being bullied by her for so long, it struck me as ;;;;;;;;;;;;;;;; that she was now being victimi6ed. ,. 'ilitary intelligence suggests that Osama /in "aden is probably still hiding in -fghanistan, but /ritish Iovernment claim that he cannot hide forever and that he surely cannot ;;;;;;;;;;;;;;;;. 7. %e will not rest until her killer ;;;;;;;;;;;;;;;;;;. 8. The photo ;;;;;;;;;;;;;;;; she was really beautiful and in the photo she looks too thin. III. 'ollocations with *law+: /ote the !hrase used to des"ribe what the law states+ 0Laws go,ern im!ortant things and relations in our so"iety1 Other phrases that collocate with JlawK include: .rovides *or emergency procedures in the event of fire .rovides t)at decisions can be vetoed by the president sets down the re+uirements for a lawful procedure T*) "-% lays down strict standards for water +uality re<uires that helmet be worn at all times allows that the same official be re elected I . "ill in the sentences with the following phrases -in the appropriate form.: a. as the law stands c. the letter of the law b. law and order d. take the law into your own hands $. %hen police failed to arrest the suspect, local people ;;;;;;;;;;;;;;;;; and beat him up. ,. ;;;;;;;;;;;;;;; you can get married while still too young to have a driving licence. 7. In spite of the difficulties it would cause her family, the #udge stuck to ;;;;;;;;;;;;;;;;; and #ailed her.

Legal English I
8. 'arital law was imposed to prevent the breakdown of ;;;;;;;;;;;;;;;;. . "ind the definition for each term

Unit 1

$. ,. 7. 8. @.

-uthority 5ourt Iovern !udge "aw enforcement agency F. "awyers E. "egal action >. "egal system ?. "egislation $D.Hule $$.The #udiciary $,.Tribunal

aG - body that is appointed to make a #udgment or in+uiry bG - countryCs body of #udges cG -n act or acts passed by a law making body dG /ehaviour recogni6ed by a community as binding or enforceable by authority eG "egal proceedings fG -n official body that has authority to try criminals, resolve disputes, or make other legal decisions gG -n organi6ation responsible for enforcing the law, especially the police hG - senior official in a court of law iG The body or system of rules recogni6ed by a community that are enforceable by established process #G The control resulting from following a communityCs system of rules kG 'embers of the legal profession lG To rule a society and control the behaviour of its members

I. "ill in the gaps in the text with the most appropriate of the following words: custom unjust &us wrongs et)ics value govern im.artial e<ual *or,id

!ustice is the basic ;;;;;;; which a system of law in any country seeks to attain. It is a difficult concept because everybody has a different sub#ective idea what #ustice is, and it depends on the moral principles known as ;;;;;;;;, which differ from country to country and from person to person. The word itself comes from the "atin ;;;;;;; # which means a right deriving from a rule of law. 1o, a simple idea of #ustice is the u.)olding o* rig)ts and .unis)ment o* ======== by the law. This is what we mean by *airness and we have a strong idea of the rules of Jnatural #usticeK: the basic re+uirements of a fair, open hearing, ;;;;;;;;;court L#udge and #uryG, giving each side an ;;;;;;;; chance to state its case and to call evidence in support of it. This is what is known as Jdoing #ustice according to lawK. -lthough the basic notion of #ustice has survived through centuries, laws change from time to time in order to keep up with changes in a societyCs values and with development of technology. There are rules that are basic, commonsense rules of everyday life Lfor example, we must not kill or robG, that ;;;;;;; things which everyone thinks are plainly or morally wrong. There are laws that ;;;;;;;important things and relations in our society or community about which we learn from the experience. 1ome of the rules have gradually developed over a period of time, and have grown out of ;;;;;;;; which has settled as the accepted way of behavior. 'any more rules have been laid down by parliament. -lthough the laws themselves may be #ust or ;;;;;;; depending upon how

Legal English I

Unit 1

you look at them, they can be said to be #ust when they create the conditions leading to peace, happiness and prosperity for all individuals.

>

Legal English I

Unit 1

1peaking
/xplaining what a law says There are several ways to refer to what a law says. "ook at the following sentences: $. The law sti.ulates that corporations must have three governing bodies. ,. The law .rovides that a witness must be present. 7. The patent law s.eci*ies that the sub#ect matter must be MusefulC. These verbs can also be used to express what a law says: The law statesNsets *ort)NdeterminesNlays downN.rescri,es t)atO. 5hoose a law that you are familiar with and explain what it says using the verbs listed in the box above.

Legal English I

Unit 1

1peaking

;&(AL (E!4&N!I'ILIT$
I. #lease read the story, then follow the instructions gi,en (elow.
-s he left for a visit to his outlying district, the #ealous .rince warned his pretty wife: 30o not leave the castle when I am gone, or I will punish you severely when I returnP4 /ut as the hours passed, the young .rincess grew lonely, and despite her husband(s warning, decided to visit her lover who lived in the countryside nearby. The castle was located on an island in a wide, fast flowing river, with a drawbridge linking the island and the land at the narrowest point in the river. 31urely my husband will not return before dawn,4 she thought, and ordered her servants to lower the drawbridge and leave it down until she returned. -fter spending several pleasant hours with her lover, the .rincess returned to the drawbridge, only to find it blocked by a madman wildly waving a long and cruel knife. 30o not attempt to cross the bridge, .rincess, or I will kill you,4 he raved. <earing for her life, the .rincess returned to her lover and asked him to help. 3Our relationship is only a romantic one,4 he said, 3I will not help. 3The .rincess then sought out a boatman on the river, explained her plight to him, and asked him to take her across the river in his boat. 3I will do it, but only if you can pay my fee of five )uros.4 3/ut I have no money with meP4 the .rincess protested. 3That is too bad. Ao money, no ride,4 the boatman said flatly. *er fear growing, the .rincess ran crying to the home of a friend, and after again explaining the situation, begged for enough money to pay the boatman his fee. 3If you had not disobeyed your husband, this would not have happened,4 the friend said. 3I will give you no money.4 %ith dawn approaching and her last resource exhausted, the .rincess returned to the bridge in desperation, attempted to cross to the castle, and was slain by the madman.

II. In the story a(o,e, there are six characters. !hey are -in alpha(etical order.: The .rince ;;;;;;;;;;;; The .rincess ;;;;;;;;;;;; The /oatman ;;;;;;;;;;;;; The <riend ;;;;;;;;;;;;;;;;; The "over ;;;;;;;;;;;;;;; The 'adman ;;;;;;;;;;;;

0sing the list a(o,e, rank the characters -from 1 to 2. in the order of their responsi(ility for the death of the #rincess. III. %iscuss your decision with the rest of the class $D

Legal English I

Unit 1

0iscussion L/3AL 4. )5RAL

I. %iscuss the following 6uestions in the class:
,. Is there anything that you consider to be immoral, although it is legal& Try to make a list and share it with the class. 7. 0o you think that the items from your list should be made illegal& )xplain 8. Is there anything that you consider to be moral, although it is illegal& Try to make a list and share it with the class. @. 0o you think that the items from your second list should be legali6ed& )xplain

II. Read the introduction to the article 0It%s *im!le -eally1 (y 4helly 4trauss Rollison.

It's Simple, Really

by Shelly Strauss Rollison Introduction I know I've written about this topic many times, but it's been coming up a lot in many of the conversations I'm having in both real life and online. Not being a person who believes in coincidence, I take such recurrences as a sign and so I'm addressing it again. The issue is one that most people make far too complicated: legal vs. moral. Legal illegal are ob!ectively defined: moral immoral "right wrong# are sub!ectively defined based on what you believe and what faith you hold dear "even if that faith is atheism or agnosticism.# The $upreme %ourt of the &nited $tates, in the Lawrence v Texas ruling a couple years ago, reaffirmed that the !ob of government is NOT to define morality. They recogni'ed that morality is based on one's personal beliefs and that such beliefs are part of one's right to life, liberty and the pursuit of happiness. The founding fathers wrote a document entitled the Declaration of Independence. In that document, it declares that all individuals are entitled to life, liberty and the pursuit of happiness and that it is the government's !ob to protect those rights for ()(*+ individual. There is, in reality, only one way that can happen: through the limitation of any individual's actions that would interfere with another's right to live his or her life as s he sees fit. This limitation can be voluntary or it can be done through the legal system. The problem is that over the course of the past ,-. years "almost#, the legal system has been clogged with unconstitutional laws. /s a result, the line between legal and moral has been blurred so much that many have come to e0uate the two. In the past, I have always addressed this issue from a logical point of view. This time, it's going to be from a sort of e1periential point of view. I'm going to provide e1amples of the difference between moral and legal. / key point to remember is that of the role of the government: to protect the rights of every individual to live his/her life as s/he sees fit.

$$

Legal English I III. 4plit into groups and discuss the examples pro,ided (y the author. !ry to decide whether the situations are illegal or not and whether the state has the right to interfere. Report to the rest of the class7 I . Read the conclusion of the article. %o you agree with it? Conclusion

Unit 1

The 0uestion to ask yourself with respect to any action you take is 23oes this harm someone else or interfere with their ability to live their life as they see fit42 If it does, then it should be illegal. If it does not, then it should be legal. 5hether or not you consider some actions that are legal to be immoral is between you and your conscience. +ou might even consider some actions that are illegal to be moral. The two are not synonymous since morality is based solely and utterly on what one believes. 6ne need only look at the %atholic position on birth control: those %atholics who use birth control obviously don't find birth control immoral although the faith they profess to follow does. $o morality is based on the beliefs of the individual, which are protected by the first amendment, which is why the government must not legislate morality and why any law that attempts to do so is unconstitutional.

. !ake the complete article from your teacher and read it.

$,

Legal English I

Unit 1

LE/ALE!E
"egal writing in )nglish has developed over hundreds of years and is characterised by specific features, some of which can make it difficult for the non lawyer to understand. 5haracteristics of legal writing include: using "atin termsQ using technical termsQ using old fashioned words not much in general useQ using pairs of words with a reciprocical relationship LlessorNlesseeGQ using legal #argon Lwithout pre#udice toG including the use of pairs of words Lterms and conditionsG, or triplets Lbild, erect or constructGQ having special meanings for words in ordinary use Lthe udge determined the facts of the case, where determined means decidedGQ using vague words Lprovide a sufficient serviceGQ using long sentences with little punctuationQ inverting word order Ltitle absoluteGQ using capital letters to signal important or defined terms Lthe term of the "ease..GQ avoiding personal pronouns Lyou, we, IGQ the specific use of the modal verb shall to impose an obligation or duty on someone LThe tenent shall not sub let the whole or part of the premisesG

There is a movement to draft legal text in standard, modern, (plain( )nglish but any change will be slow. I Read the text. !he underlined words are pro(a(ly familiar to you in general /nglish. 8ut can you think of a different meaning for each word in legal /nglish? 'y friend walked into the ,ar. *e was carrying a small case. %e had a ,rie* conversation about the weather and then started chatting about last night(s football match. I have hardly finished a sentence when he complained that his team had lost because the de*ence had been really bad. They had played without any conviction. I took stand against him and said you shouldn(t judge a team on the evidence of #ust one match.

$7

Legal English I

Unit 1

II Read these sentences from legal texts. 'omplete each sentence with one of the underlined words from /xercise I $. The ;;;;;;;;;;;;;; asked the members of the #ury to leave the court. ,. - solicitor gives ;;;;;;;;;;;;;; to the barrister which consists of important legal documents. 7. 'y lawyer disagreed with the verdict and wants my ;;;;;;;;;;;;; to go to a higher court. 8. The accused was shocked when he was found guilty and given a four year prison ;;;;;;;;;;;;;;;; . @. I think she already has a ;;;;;;;;;;;;;;;;;; for shoplifting. F. -s the key witness took the ;;;;;;;;;;; there was complete silence in the court. E. The prosecution hasn(t got enough ;;;;;;;;;;;;;;;; to secure a guilty verdict. >. /arristers are lawyer who have been called to the ;;;;;;;;;;;;; . ?. The lawyers for the ;;;;;;;;;;;;;;; complained that their client could not get a fair trial.

#R/#54I!I594
I Legal ,oca(ulary often uses prepositions. #lease complete the following sentences using the following prepositions. 4ome of them can (e used more than once. under, into, on, against, as, of, from, in, to $. ,. 7. 8. @. The police officer informed the suspect that he wasOOOOOOOOO.arrest. %itness must give evidenceOOOOOOOOO.oath. *e argued that he had committed the crimeOOOOOO.duress. The parties enteredOOOOOOO.a distribution agreement. The company discriminatedOOOOOOOOOO.its women employees in relation to their salary. F. The court served the #udgmentOOOOOOOOOthe parties. E. Te borrower gave his house OOOOOOO.security for the loan from the bank. >. <ining the newspaper for the article that it had written on the politician was a violation of freedomOOOOOOO.the press. ?. The 'afia try to extort moneyOOOOOOOOOlocal shops and businesses. $D. The witness claimed that his life wasOOOOOOOOO..danger. $$. The court awarded the defendant R@DDD OOOOOO..damages. $,. 1uspected football hooligans can be prohibitedOOOOOOO..leaving the country to watch football matches abroad.

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Legal English I

Unit 1

%riting

Introduction to essay writing

-n essay can have many purposes, but the basic structure is the same no matter what. 2ou may be writing an essay to argue for a particular point of view or to explain the steps necessary to complete a task. )ither way, your essay will have the same basic format. 4!R0'!0R/ 5" A9 /44A:: I9!R5%0'!I59 thesis statement 85%: ; Lthe longest part of the essayQ can contain as many paragraphs as needed to support the controlling ideas of your thesis statementG o .aragra.) 1 > to.ic sentence ?su..ort statements@ o .aragra.) 7 > to.ic sentence ?su..ort statements@ o .aragra.) 9 > to.ic sentence ?su..ort statements@ .... '59'L04I59 Lrestatement or summary of the main points, final comment, and concluding sentenceG

I. Read the &um(led paragraphs of the essay *'an a cat (e a good house pet?+. #ut the paragraphs in order. 1. =================== 7. =================== 9. ================== A. ================== B. ===================

A@ In the first !la"e# !eo!le en2oy the "om!anionshi! of "ats. 'any cats are affectionate. They will snuggle up and ask to be petted, or scratched under the chin. %ho can resist a purring cat& If they(re not feeling affectionate, cats are generally +uite playful. They love to chase balls and feathers, or #ust about anything dangling from a string. They especially en#oy playing when their owners are participating in the game. 5ontrary to popular opinion, cats can be trained. 9sing rewards and punishments, #ust like with a dog, a cat can be trained to avoid unwanted behavior or perform tricks. 5ats will even fetchP

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Legal English I

Unit 1

'@ 5ats are low maintenance, civili6ed companions. .eople who have small living +uarters or less time for pet care should appreciate these characteristics of cats. *owever, many people who have plenty of space and time still opt to have a cat because they love the cat personality. In many ways, cats are the ideal house pet.

'. Lastly# one of the most attra"tive features of "ats as house !ets is their ease of "are. 5ats do not have to be walked. They get plenty of exercise in the house as they play, and they do their business in the litter box. 5leaning a litter box is a +uick, painless procedure. 5ats also take care of their own grooming. /athing a cat is almost never necessary because under ordinary circumstances cats clean themselves. 5ats are more particular about personal cleanliness than people are. In addition, cats can be left home alone for a few hours without fear. 9nlike some pets, most cats will not destroy the furnishings when left alone. They are content to go about their usual activities until their owners return.

D@ =- dog is man(s best friend.= That common saying may contain some truth, but dogs are not the only animal friend whose companionship people en#oy. <or many people, a cat is their best friend. Des.ite w)at dog lovers may ,elieve- cats ma5e e:cellent )ouse .ets.

E@ In the se"ond !la"e# "ats are "ivili3ed members of the household. 9nlike dogs, cats do not bark or make other loud noises. 'ost cats don(t even meow very often. They generally lead a +uiet existence. 5ats also don(t often have =accidents.= 'other cats train their kittens to use the litter box, and most cats will use it without fail from that time on. )ven stray cats usually understand the concept when shown the box and will use it regularly. 5ats do have claws, and owners must make provision for this. - tall scratching post in a favorite cat area of the house will often keep the cat content to leave the furniture alone. -s a last resort, of course, cats can be de clawed.

II. 9ow match each paragraph with the following items of essay structure ;;;;;;;;; Introduction ;;;;;;;;; /ody Lparagaraph $G ;;;;;;;;; /ody Lparagaraph ,G ;;;;;;;;; /ody Lparagaraph 7G ;;;;;;;;; 5onclusion

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Legal English I
' I4I5/'L ,'4E-I'L

Unit 1

)ards to be "o!ied and distributed

E:am.le 16 ac5 ,elieves t)at )e )as t)e rig)t to 5ill anyone )e wants w)enever )e wants. !o )e goes out one nig)t and 5ills im.

E:am.le 76 !ue ,elieves t)at s)e can marry anyone s)e wants- as long as t)eyCre ,ot) legal adults w)o are a,le to give in*ormed consent. !ue wants to marry ane and ane wants to marry !ue.

E:am.le 96 Tim ,elieves )e )as t)e rig)t to end )is li*e w)en )e decides t)at t)e <uality o* )is li*e )as *allen and will remain ,elow a level )e *inds acce.ta,le. Tim *inds out t)at )eCs got ino.era,le ,rain cancer. 0e sells everyt)ing )e )as to *inance t)e t)ings )e wanted to do ,ut never got around to doing. W)en )eCs done- )e decides to end )is li*e and see5s t)e assistance o* )is .)ysician to .rescri,e an overdose so t)at )e will die .ainlessly and sa*ely. T)e .)ysician writes )im a .rescri.tion 5nowing TimCs intentions and is later arrested and c)arged wit) murder.

E:am.le A6 ;ary ,elieves s)e )as t)e rig)t to end )er li*e w)en s)e decides t)at t)e <uality o* )er li*e )as *allen and will remain ,elow a level s)e *inds acce.ta,le. ;ary marries Lou and a*ter several years o* wedded ,liss- ;ary develo.s ino.era,le cancer. !)e and Lou ,egin ta5ing tri.s and going .laces and doing t)ings s)eCs always wanted to do. 'ut s)eCs in ever increasing .ain. &ne day- Lou sli.s ;ary an overdose and ;ary dies. Lou is arrested *or )er murder.

$E

Legal English I
E:am.le B6 ason ,elieves )e can drin5 a si: .ac5 o* ,eer and still ,e sa*e ,e)ind t)e w)eel. 0e sto.s at t)e ,ar a*ter wor5 one day and downs si: ,eers ,e*ore )eading )ome in )is car. 0e gets .ulled over ,y t)e .olice *or a )eadlig)t t)atCs outD not *or erratic drivingD and t)e o**icer smells alco)ol and administers a *ield so,riety test- w)ic) ason .asses- and t)en a ,reat)alyEer- w)ic) )e *ails. 0e is arrested *or DUI.

Unit 1

E:am.le F6 "onnie is a smo5er. !)e smo5es in )er car- in )er )ouse and outside on )er .orc). !)e ,elieves s)e s)ould )ave t)e rig)t to smo5e w)erever s)e wants in .u,lic.

E:am.le G6 ;i5e ,elieves )e )as t)e rig)t to smo5e marijuana. 'ut )e realiEes it does im.air )is a,ility to o.erate a motor ve)icle and so )e never drives a*ter )e uses it or does anyt)ing t)at mig)t endanger anyone else. 0e doesnCt use it ,e*ore going to wor5 or any ot)er time w)en )e needs to ,e unim.aired. 0e grows )is own weed in )is )ome and doesnCt o**er it to anyone else alt)oug) )e will s)are i* as5ed ,y anot)er consenting adult. 0e never gives weed to minors and )e never sells w)at )e grows.

E:am.le H6 !)aron ,elieves s)e )as t)e rig)t to gam,le on w)oCs going to win s.orting events.

E:am.le I6 Tom ,elieves )e s)ould ,e a,le to .ay someone to )ave se: wit) )im and Allison ,elieves t)at s)e s)ould ,e a,le to earn a living )aving se: wit) w)oever is willing to .ay )er- .rovided t)ey are legal adults a,le to give in*ormed consent.

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Legal English I

Unit 1

by Shelly Strauss Rollison

Introduction I know I've written about this topic many times, but it's been coming up a lot in many of the conversations I'm having in both real life and online. Not one who believes in coincidence, I take such recurrences as a sign and so I'm addressing it again. The issue is one that most people make far too complicated: legal vs. moral. Legal illegal are ob!ectively defined: moral immoral "right wrong# are sub!ectively defined based on what you believe and what faith you hold dear "even if that faith is atheism or agnosticism.# The $upreme %ourt of the &nited $tates, in the Lawrence v Te1as ruling a couple years ago, reaffirmed that the !ob of government is NOT to define morality. They recogni'ed that morality is based on one's personal beliefs and that such beliefs are part of one's right to life, liberty and the pursuit of happiness. The founding fathers wrote a document entitled the 3eclaration of Independence. In that document, it declares that all individuals are entitled to life, liberty and the pursuit of happiness and that it is the government's !ob to protect those rights for ()(*+ individual. There is, in reality, only one way that can happen: through the limitation of any individual's actions that would interfere with another's right to live his or her life as s he sees fit. This limitation can be voluntary or it can be done through the legal system. The problem is that over the course of the past ,-. years "almost#, the legal system has been clogged with unconstitutional laws. /s a result, the line between legal and moral has been blurred so much that many have come to e0uate the two. In the past, I have always addressed this issue from a logical point of view. This time, it's going to be from a sort of e1periential point of view. I'm going to provide e1amples of the difference between moral and legal. / key point to remember is that of the role of the government: to protect the rights of every individual to live his her life as s he sees fit. Example : 7ack believes that he has the right to kill anyone he wants whenever he wants. $o he goes out one night and kills 7im. In doing so, 7ack has violated 7im's right to live his life as he sees fit, therefore, what 7ack did is illegal and the state must remove 7ack from society until such time as 7ack is willing to respect everyone else's right to live their life as they see fit. The state is making no moral !udgment on whether killing is moral or not: it is simply illegal because it interfered with another's right to live his her life as s he wants. Example !: $ue believes that she can marry anyone she wants, as long as they're both legal adults who are able to give informed consent. $ue wants to marry 7ane and 7ane wants to marry $ue. If $ue marries 7ane, neither of them are interfering with anyone else's right to live their life as they see fit, therefore the state has no valid reason for making such an activity illegal. /ny laws that make it illegal are therefore unconstitutional because said laws are not protecting anyone's rights but they are preventing $ue and 7ane from e1ercising their rights. Example ": Tim believes he has the right to end his life when he decides that the 0uality of his life has fallen and will remain below a level he finds acceptable. Tim finds out that he's got inoperable brain cancer. 8e sells everything he has to finance the things he wanted to do but never got around to doing. 5hen he's done, he decides to end his life and seeks the assistance of his physician to prescribe an overdose so that he will die painlessly and safely. The physician writes him a prescription knowing Tim's intentions and is later arrested and charged with murder. $uch an arrest is unconstitutional. The acts of the physician did not violate anyone else's right to live their life as they see fit and therefore the government has no basis for preventing such an occurrence. Example #: 9ary believes she has the right to end her life when she decides that the 0uality of her life has fallen and will remain below a level she finds acceptable. 9ary marries Lou and after several years of wedded bliss, 9ary develops inoperable cancer. $he and Lou begin taking trips and going places and doing things she's always wanted to do. :ut she's in ever increasing pain. 6ne day, Lou slips marry an overdose and 9ary dies. Lou is arrested for her murder. /nd rightly so. 5hile Tim "from e1ample -# and 9ary held the same belief, in Tim's case it was he himself who decided when it was time to die. In 9ary's case, it was Lou who decided when it was time to die. Lou interfered with 9ary's right to live her life as she saw fit, which included her right to choose to end her life when $8( felt the 0uality of her life had fallen too low. Lou took that choice from her. Example $: 7ason believes he can drink a si1 pack of beer and still be safe behind the wheel. 8e stops at the bar after work one day and downs si1 beers before heading home in his car. 8e gets pulled over by the police for a headlight that's out; not for erratic driving; and the officer smells alcohol and administers a field sobriety test, which 7ason passes, and then a breathaly'er, which he fails. 8e is arrested for 3&I. /nd rightly so. 5hether or not 7ason believes he can drink si1 beers and still be safe behind the wheel, it is fact that drinking impairs !udgment and increases the risk of car accidents. /nyone climbing into a car today; or even

It's Simple Really

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Legal English I
living near where cars are driven; has accepted the inherent risk that automobiles present: accident will happen and lives, including theirs, may be lost. :ut 7ason, by drinking and driving, has IN%*(/$(3 that risk without the permission of those he may pass on the road. Therefore, laws preventing drunk driving are constitutional because they protect the rights of /LL individuals. Example %: %onnie is a smoker. $he smokes in her car, in her house and outside on her porch. $he believes she should have the right to smoke wherever she wants in public. :ut in doing so, %onnie is forcing others to breathe her cancer<causing second hand smoke. Therefore, laws banning smoking in public places are constitutional because they're protecting the rights of /LL individuals. %onnie, however, argues that by banning smoking, you're violating the rights of the bar owner to allow whatever behavior he wants in his bar. /nyone coming into a bar has to know that the bar will be smokey and so they're tacitly agreeing to breathe smoke<filled air. (ven employees have to know that when they take a !ob there, they're going to have to breath smoke<filled air. Therefore, it's the non<smoker's responsibility to not e1pose him< herself to those places and to go elsewhere to dine. /s 2logical2 as that may sound, the bottom line is that the smoker is the one introducing the dangerous chemical into the shared environment and therefore it is the smoker's responsibility to insure that such chemicals don't affect others. :ar and restaurants are open to the public and as such, it is the bar owner's responsibility to protect the health and welfare of /LL the public who enter there<< smoker and non<smokers alike. If the bar owner wants a place where anyone can smoke anywhere, then s he should open a private, members only club. /ll potential members and employees would be informed of the 2smoke anywhere2 policy. 5hen a bar hires a bartender, the bartender is hired to mi1 and serve drinks. $ he should not be forced to compromise his her health in order to hold a !ob unless such risk is inherent in the !ob. "=or e1ample, fire fighters have an inherent risk of having to breathe smoke and or be burned while fighting fires.# There is no such inherent risk to the health in mi1ing and serving drinks to others. $imply walking into a bar does not mean that one gives informed consent to be poisoned by second hand smoke<< it means one has come to en!oy a drink and or to dine. 6h, and one more thing. I'm a social smoker. :ut I don't even smoke in my own home because of my kids. I don't smoke in the car if they're in the car with me. /nd if I want to smoke when I'm with a crowd of people, I move away from the crowd "and downwind# so my smoke doesn't bother anyone else. Example &: 9ike believes he has the right to smoke mari!uana. :ut he reali'es it does impair his ability to operate a motor vehicle and so he never drives after he uses it or does anything might endanger anyone else. 8e doesn't use it before going to work or any other time when his he needs to be unimpaired. 8e grows his own weed in his home and doesn't offer it to anyone else although he will share if asked by another consenting adult. 8e never gives weed to minors and he never sells what he grows. 5hat 9ike is doing is not violating the rights of any other individual and therefore the government has no !ustification for making it illegal. Example ': $haron believes she has the right to gamble on who's going to win sporting events. /s long as she's using her money that's not supposed to be paying bills, then her actions are not interfering with anyone else's right to live their life as they see fit and the government has no !ustification for making it illegal. Example (: Tom believes he should be able to pay someone to have se1 with him and /llison believes that she should be able to earn a living having se1 with whoever is willing to pay her, provided they are legal adults able to give informed consent. /s long as both reveal relevant health facts and use precautions against the transmission of $T3's and any partners they have are aware of their intent, then their actions are not violating the rights of any other individual to live his her life as s he sees fit and the government has no !ustification for making it illegal. Conclusion The 0uestion to ask yourself with respect to any action you take is 23oes this harm someone else or interfere with their ability to live their life as they see fit42 If it does, then it should be illegal. If it does not, then it should be legal. 5hether or not you consider some actions that are legal to be immoral is between you and your conscience. +ou might even consider some actions that are illegal to be moral. The two are not synonymous since morality is based solely and utterly on what one believes. 6ne need only look at the %atholic position on birth control: those %atholics who use birth control obviously don't find birth control immoral although the faith they profess to follow does. $o morality is based on the beliefs of the individual, which are protected by the first amendment, which is why the government must not legislate morality and why any law that attempts to do so is unconstitutional.

Unit 1

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Legal English I

Unit 1

"an a cat ,e a good )ouse .et1

=- dog is man(s best friend.= That common saying may contain some truth, but dogs are not the only animal friend whose companionship people en#oy. <or many people, a cat is their best friend. Des.ite w)at dog lovers may ,elieve- cats ma5e e:cellent )ouse .ets. In the first !la"e# !eo!le en2oy the "om!anionshi! of "ats. 'any cats are affectionate. They will snuggle up and ask to be petted, or scratched under the chin. %ho can resist a purring cat& If they(re not feeling affectionate, cats are generally +uite playful. They love to chase balls and feathers, or #ust about anything dangling from a string. They especially en#oy playing when their owners are participating in the game. 5ontrary to popular opinion, cats can be trained. 9sing rewards and punishments, #ust like with a dog, a cat can be trained to avoid unwanted behavior or perform tricks. 5ats will even fetchP In the se"ond !la"e# "ats are "ivili3ed members of the household. 9nlike dogs, cats do not bark or make other loud noises. 'ost cats don(t even meow very often. They generally lead a +uiet existence. 5ats also don(t often have =accidents.= 'other cats train their kittens to use the litter box, and most cats will use it without fail from that time on. )ven stray cats usually understand the concept when shown the box and will use it regularly. 5ats do have claws, and owners must make provision for this. - tall scratching post in a favorite cat area of the house will often keep the cat content to leave the furniture alone. -s a last resort, of course, cats can be declawed. Lastly# one of the most attra"tive features of "ats as house !ets is their ease of "are. 5ats do not have to be walked. They get plenty of exercise in the house as they play, and they do their business in the litter box. 5leaning a litter box is a +uick, painless procedure. 5ats also take care of their own grooming. /athing a cat is almost never necessary because under ordinary circumstances cats clean themselves. 5ats are more particular about personal cleanliness than people are. In addition, cats can be left home alone for a few hours without fear. 9nlike some pets, most cats will not destroy the furnishings when left alone. They are content to go about their usual activities until their owners return. 5ats are low maintenance, civili6ed companions. .eople who have small living +uarters or less time for pet care should appreciate these characteristics of cats. *owever, many people who have plenty of space and time still opt to have a cat because they love the cat personality. In many ways, cats are the ideal house pet.

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Legal English I TAPESCRIPT

Unit 1

Part 1 Welcome to the Law Faculty. I want to start my first lecture by as in! a sim"le #uestion. What is law$ That%s a &ery sim"le #uestion' isn%t it$ We all now the answer ( )on%t we$ Let%s see. We now that the law "ro&i)es a set of rules that allows "eo"le to li&e in an or!ani*e) an) ci&ili*e) way. If someone brea s a rule' there%s a system of "unishment that not only "rotects "eo"le but also "ro&i)es a )eterrent. That is' it )eters or sto"s "eo"le from brea in! the rule. +,. -ut what are these rules an) who )eci)es what they are$ For e.am"le' most "eo"le woul) a!ree that you shoul) wash your han)s before you eat a meal. If you )on%t ha&e you bro en the law$ In my househol)' my mother im"ose) this rule an) if any of the chil)ren bro e it' they were "unishe). -ut has someone who hasn%t washe) their han)s before )inner bro en the law$ Well. /es an) no' or it )e"en)s. So what is law$ What is the intrinsic meanin! of the wor)$ A wor) that we use e&ery )ay an) thin we un)erstan). Part 0 1any wor)s ha&e an intrinsic or basic meanin!. We use the wor)s in )ifferent situations an) they ha&e )ifferent surface meanin!' but the basic meanin! remains the same. Let%s start with a wor) that is &ery familiar to many stu)ents2 bar. We use the wor) bar to mean a "lace where you !o to or)er )rin s3 a coffee bar' for e.am"le' or in a hotel you ha&e a loun!e bar. +n the cam"us there are many stu)ent bars. -ut we also use the wor) bar in an En!lish le!al conte.t. If you ha&e been calle) to the bar' it means that you ha&e the ri!ht to s"ea in court. In le!al terminolo!y' you are a barrister. Is there any connection between these two wor)s$ /es there is. A bar is a woo)en stan) from which a "erson can ser&e )rin s' for e.am"le' in a hotel. In a court' it is also a woo)en stan)' not for ser&in! )rin s' but where someone can s"ea to the court. Somehow' when we%re learnin! out first lan!ua!e' we !et the feelin! for the basic meanin! of wor)s which hel"s us to un)erstan) the same wor) in a new conte.t. When we%re learnin! another lan!ua!e' it%s &ery im"ortant to fin) the basic meanin! of a wor) because the )irect translation in one conte.t may not be the )irect translation in another. For e.am"le' if you )irectly translate the wor)s fair an) 4ust' they may not ha&e the same meanin! as in a le!al conte.t. +ne of the basic meanin!s of fair is to )escribe a hair colour that is "ale or not )ar . 5ust often means &ery recently. These wor)s are use) with these meanin!s in the sentence2 1y fair(haire) sister has 4ust arri&e). This is not the same as a fair trial or a 4ust outcome. In this more le!al conte.t fair means that the trial is con)ucte) in the ri!ht way an) 4ust means that the outcome was correct an) a""ro"riate. Part 6 So let me !o bac to my ori!inal #uestion. What is law$ We ha&e criminal law' ci&il law' "ublic law' international law' family law an) com"any law. They are all elements of the set of rules which forbi)' "ermit or re#uire actions amon! "eo"le an) or!ani*ations. They are all branches of the law. In my &iew many of the most im"ortant le!al )e&elo"ments will ta e "lace in international law' an) I%ll tal in more )etail about that in later lectures. /ou will also stu)y case law. In this conte.t' a case refers to a bin)in! or authoritati&e )ecision ma)e by a court. ,,

Legal English I

Unit 1

Part 7 Let%s loo at this in a bit more )etail. A case comes before a court in one of two ways. There is either a )is"ute between "eo"le in a ci&il case or between citi*en an) state in a criminal case. These cases are )eci)e) followin! a set of rules which forbi)' allow or re#uire "eo"le to )o certain actions. These rules are then enforce). Let%s ta e an e.am"le that most "eo"le are familiar with. The law states that you must not )ri&e more than 89 ilometres "er hour in the centre of a town. If "eo"le )ri&e at more than the 89 ilometres "er hour s"ee) limit they ha&e bro en the law' whether or not they !et cau!ht )oin! it. There is a reason for the law. It is )an!erous to )ri&e at more than 89 ilometres "er hour in an area where "eo"le are wal in! an) crossin! the roa). If the )ri&er is seen by the "olice of "hoto!ra"he) by a s"ee) camera' that )ri&er will be "rosecute) an) "unishe). So this law hel"s "eo"le to li&e to!ether in an or!ani*e) an) harmonious way' in fact' that is the meanin! of the law in !eneral. It is a set of rules that enables "eo"le to li&e to!ether in an or!ani*e) an) we ho"e harmonious way.

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