ภาษาอังกฤษสำหรับนักกฎหมาย

English for Lawyers I
230476
PERADA SUPONPUN
CREDIT: PHAKANADH SUTTHENT
CONSTITUTION in Class
• Active Listening : Don’t speak while others talking
• Surf Internet only when required
• Active Participation
• Never think you “CAN’T”
• Active Thinking
qLearning by yourself
(33 hours in class can’t be equal to infinite time that you have outside the class.)
qMy own experiences: Gifted Triamudomsuksa
2
SOCIAL CONTRACT in Class
• Be punctual.
• Assignment & preparation are IMPORTANT.
• Slides will be posted on Google drive at the end of each day.
• i – I CAN.
• Case Studies etc. are on-line.
3
Introduction
• Summarizing, analyzing, articulating and expressing opinion
• Class exercise & take-home assignments
• Class participation is crucially required.
• English speaking in class is encouraging!
• No talk (unrelated to class discussion).
• Don’t forget to check your name before leaving the class.
4
Assessment (100 marks: 70 + 30)
• Midterm exam: 30 marks
• Final exam: 10 marks
• Assignment: 30 marks
• Essay: 15?
• Class preparation: 5?
• Class attendance: 5?
• Other works: 5?
5
% Deviation
1.01
0.99
6
% Deviation
365
1.01 =
365
0.99 =
7
% Deviation
365
1.01 = 37.8
365
0.99 = 0.03
8
09.20-9.45 Basic English
09.45-10.30 Basic English Grammar
- Beginning to Relative Clause
10.30-11.15 Basic English Grammar
- Participles to Part of Speech
11.15-11.45 Basic English
--------------------
No Morning Break
Speak English 70% in the 1st class (Today)
BASIC ENGLISH
English for Lawyers I 230476
PERADA SUPONPUN
Get to know you [writing]
• In 5 mins, WRITE DOWN 2 Paragraphs
• (1) Which legal subject you like the most? Why?
• (2) What do you like to learn in this introduction to EFLI?
• (3) What do you want to accomplish after class?
11
Get to understand each other [speaking]
• Introduce yourself to each other
• 5 Mins in pair
• 5 Mins – to present to entire class
• Tell your pair (turn) why you would like to be A LAWYER?
• 5 Mins in pair
12
Get to know each other [listening]
• Tell the class why your friend (the person you just talked to) would like
to be A LAWYER?
• 2 Min to prepare by yourself
13
Lesson Learnt for the first two hours
• Get to speak more legal word?
14
Extra-curricular issues
• EFLI
• Google can teach you anything.
• English = Skills
• Volunteer activities
• Experiences in Sweden
• Startup and Venture Capital
• Job interview
• Study abroad
15
BASIC ENGLISH GRAMMAR
PERADA SUPONPUN
Tense
• Present simple: V.1
• Factual descriptions, regular activities, situations that exist at the present
moment
• A tree grows more quickly in summer than in winter.
• Present continuous: is/am/are + V.1(ing)
• Events or actions that are happening at the moment/happen in progress
• Company A is advertising for a new junior lawyer position.
17
Tense
• Past simple: V.2
• A complete action or event in the past
• Situations existed over a period of time in the past
• My boss left a few minutes ago.
• Past continuous: was/were + V.1 (ing)
• A situation started (and was still in progress) before a particular point in the
past
• When he realized I was looking at him, he turned away.
18
Tense
• Present perfect: have/has + V.3
• A past action or event that connects to the present
• We have belonged to the tennis club since we move here.
• Lee has represented his country on many occasions, and hopes to go on to
compete in the next Olympics.
• Past perfect: had + V.3
• A past event that happened before another past event
• When I went into the bathroom, I found that the bath had overflowed.
• Most observers agreed that the merger had taken place too quickly.
19
Tense
• Future: will/shall
• The President will spend two days in Paris.
• Future: be going to
• ‘Has anybody offered to look after the children?’ ‘Jane is going to do it.’
• Private universities in China is going to introduce a fast-track law degree next
year.
20
Exercise: whale-hunting
• For centuries, people on sea coasts around the world ____________

(hunt) whales. From the mid-nineteenth century onwards, with the advent
of modern factory ships, the annual world wide catch _______
(increase) until it reached a peak in the 1960s. A rapid decline
________ (follow); however, because the plastics industry _________
(invent) substitutes for most of the products of the whale's carcass. The
whale-hunting that __________ (take
21
Exercise: whale-hunting
• For centuries, people on sea coasts around the world _have hunted_
(hunt) whales. From the mid-nineteenth century onwards, with the advent
of modern factory ships, the annual world wide catch _increased_
(increase) until it reached a peak in the 1960s. A rapid decline
followed_(follow); however, because the plastics industry _had
invented_ (invent) substitutes for most of the products of the whale's
carcass. The whale-hunting that _takes place_ (take place) today _is_
(be) mostly done for food.
22
Sentence structure
• Simple sentence: S.+V.+O.

• E.g. I like you.
• Compound Sentence: more than 2 independent clauses + conjunction
• E.g. She eats a lot, but she is still in good shape.
• And But Or So
23
Sentence structure
• Complex sentence: an independent clause + a dependent clause
• E.g. After I go to bed, the thief breaks into my house.
• Although I drink coffee, I still feel sleepy.
• Conjunction
• Before/After
• Although/Though/Even though/Even if
• Because/Since/As Because of/Due to
• If/Unless
• When/While
24
Active/Passive voice
• Active voice: V
• Passive voice: V. to be + V.3
25
Passive voice
• Construction companies build some new urban roads without
pavements.
• A company launched a new device for measuring the purity of water
at a conference in Manchester last year.
• Hi-tech companies have created 10,000 new jobs in the UK electronics
industry since 2008.
• Guards were transporting the hostages to the airport when they made
the escape.
• Local community can make simple changes to aid biodiversity.
26
Passive voice
pavements.
the escape.
27
Passive voice
pavements.
28
Passive voice
pavements.
• Some new urban roads were built by construction companies without

pavements.
29
Passive voice
30
Passive voice
• A new device for measuring the purity of water was launched by a

company at a conference in Manchester last year.
31
Passive voice
32
Passive voice
• One thousand of new jobs have been created by hi-tech companies in

the UK electronics industry since 2008.
33
Passive voice
• One thousand of new jobs have been created by hi-tech companies in

the UK electronics industry since 2008.
34
Passive voice
the escape.
35
Passive voice
the escape.
1
• The hostages have been being transported to the airport by guards
when they made the escape.
36
Passive voice
the escape.
2
• The hostages were being transported to the airport by guards when
they made the escape.
37
Passive voice
the escape.
• The hostages were being transported to the airport by guards when

they made the escape.
38
Passive voice
39
Passive voice
• Simple changes to aid biodiversity can be made by local community.
40
Passive voice
• Simple changes can be made by local community to aid biodiversity.
41
Relative clauses
• Which/that
• Who
• Whom
• Whose
• Why
• Where, when, what
• Preposition + which: in which, from which, to whom
42
Which/that/who/whom/whose
• Some doubts were raised about the quality of the questionnaire. (The
group used it in the research.)
• The director later wrote a memoir. (He pioneered the tracking shot.)
• A relative may be able to donate a kidney if they wish to. (His blood
type is compatible.)
• A relative whose blood type is compatible may be able to donate a
kidney if they wish to.
43
44
• Some doubts were raised about the quality of the questionnaire

which/that the group used it in the research.
45
• The director, who pioneered the tracking shot, later wrote a memoir.
46
• A relative whose blood type is compatible may be able to donate a

kidney if they wish to.
47
Where/when/why/what/ preposition +which
• Assisted suicide is an area of medical care where/in which many
doctors disagree.
• The recession began at a time when many British business were hoping
for a period of extended growth.
• There is no reason why green technology cannot be competitive.
• Most of the delegates seemed to disagree with what the minister said.
48
Where/when/why/what/ preposition +which
• Assisted suicide is an area of medical care where/in which many
doctors disagree.
• The recession began at a time when many British business were hoping
for a period of extended growth.
• There is no reason why green technology cannot be competitive.
• Most of the delegates seemed to disagree with what the minister said.
49
Participles in relative clauses
• Present participle
• All the data relating to individuals is destroyed after the results of the survey
are established. (= which relates to individuals)
• Arriving at the party, we saw John standing alone. (When we arrived…we
saw…)
50
saw…)
[N which + V1 à N + Ving]
51
saw…)
[N which + V1 à N + Ving]
52
[N + V to be + V3 à N + V3]
saw…)
• Past participle
• Statements (which are) taken from witnesses many weeks after the event are
likely to be unreliable.
• Looked after carefully, the plant can live through the winter. (If it is looked
after…)
53
[N + V to be + V3 à N + V3]
saw…)
• Past participle
• Statements (which are) taken from witnesses many weeks after the event are
likely to be unreliable.
• Looked after carefully, the plant can live through the winter. (If it is looked
after…)
54
Articles
• A/An
• An unspecified person, thing or event
• The
• A particular thing
• Unique things – there is only one of them
• Generalization about classes of things
55
Connectors
• Cause and effect
• Because (of), as, since, due to, owing to
• As a result, consequently, therefore, accordingly
• So…that, such…that
• Purpose
• To + V.0, in order to + V.0, so as to + V.0, so (that) + V.0
• Contrast
• But, although, though, even though, even if
• However, while/whereas
• Despite, in spite of
56
Connectors
• Time
• Before, after, when, whenever, while, until, as, as soon as, once, by the time,
since
• Firstly, secondly, thirdly …., then/next, subsequently, eventually/finally
• Additional information
• Also, as well (as), too
• In addition, moreover, furthermore, additionally,
• Giving examples
• For example, for instance
• Such as
57
Modal verbs
• Ability: can, could, be able to

• Possibility: may, could, might
• Obligation and necessity: must, should, ought to, have to
58
Verb patterns
• V. + infinitive with to/ -ing
• No change in meaning: begin, start, continue, etc.
• Different meaning: remember, forget, stop, …
• V. + infinitive with to
• Appear, agree, plan, refuse, etc.
• Allow, permit, teach, advise, etc.
• V. + infinitive without to
• Modal verbs: can, could, may, might, must, ought to, shall, should, will, would
• Let, make, had better, would rather
59
Verb patterns
• V. + -ing
• Acknowledge, admit, deny, carry on, keep on
• Enjoy, feel like
• End up, finish
• Postpone, delay, put off
• Anticipate, appreciate, avoid, consider, describe, discuss, imagine, involve,
justify, mention, mind, miss, practice, propose, resist, risk, suggest
60
• If patients stopped _________ (take) this drug, it would put them at
risk of a heart attack.
• The British company Dyson Ltd expected __________ (attract) criticism
when they moved production overseas.
• There were reports that the hospital had __________ (let) patients lies
unattended in corridors for up to eight hours.
• Zantec plc delayed _____________ (launch) their new smartphone
when rumors circulated that it had a serious design fault.
61
• If patients stopped _taking_ (take) this drug, it would put them at risk
of a heart attack.
• The British company Dyson Ltd expected _to attract _ (attract) criticism
when they moved production overseas.
• There were reports that the hospital had _let_ (let) patients lies
unattended in corridors for up to eight hours.
• Zantec plc delayed _launching_ (launch) their new smartphone when
rumors circulated that it had a serious design fault.
62
Part of speech
N. V. Adj. Adv./ a.
discrimination To discriminate Discriminating,
discriminatory
Important
ethics ethically
To value
avoidance
To stereotype
categorical
63
COME BACK TO
BASIC ENGLISH
Get to know you [writing]
• In 5 mins, WRITE DOWN 2 Paragraphs
• (1) Which legal subject you like the most? Why?
• (2) What do you like to learn in this introduction to EFLI?
• (3) What do you want to accomplish after class?
65
Get to understand each other [speaking]
• Introduce yourself to each other
• 5 Mins in pair
• Tell your pair (turn) why you would like to be A LAWYER?
• 5 Mins in pair
66
Get to know each other [listening]
• Tell the class why your friend (the person you just talked to) would like
to be A LAWYER?
• 2 Min to prepare by yourself
67
Lesson Learnt for the first two hours
• Get to speak more legal word?
68
13.00-13.40 Introduction of Legal English
13.40-14.10 - your experiences about law
14.10-14.30 - international experiences
-------15 mins break-------------
14.45-15.30 Reading Techniques
15.30-15.50 - Office of the Council of State
- Cabinet resolution
- National Legal Assembly
15.50-16.00 Assignment

INTRODUCTION OF
LEGAL ENGLISH
PERADA SUPONPUN
• What is ‘law’?
• How is it different from other kinds of rules?
71
Definition of law
• A. A rule that is supported by the power of government and that
controls the behavior of members of society;
• B. The whole set of such rules
• C. A statement expressing what has always been seen to happen in
certain conditions;
• D. Respect and obedience for the law in society
• E. A field of academic discipline
72
Definition of law
• If your break the law, you must expect to be punished.
• Boyle’s law is a scientific principle
• With the president’s signature, the bill becomes a law.
• She is a student of Law. (or) She is a law student.
• The ultimate goal of the justice system is to establish law and order.
• You’ll find the definition of ‘asylum seekers’ in the Law of Citizenship.
• He took the law into his own hands.
73
Definition of law
• If your break the law, you must expect to be punished.
• Boyle’s law is a scientific principle
• With the president’s signature, the bill becomes a law.
• She is a student of Law. (or) She is a law student.
• The ultimate goal of the justice system is to establish law and order.
• You’ll find the definition of ‘asylum seekers’ in the Law of Citizenship.
• He took the law into his own hands.
74
Classification of law
• Public v. Private law
• Constitutional law
• Administrative law
• Criminal v. Civil law
• Criminal law: forbidding certain forms of wrongful conduct and
punishing those who engage in the prohibited acts
• Civil law: private rights and obligations which arise between
individuals, aims to remedy the wrong; e.g. contract, tort, property law
75
Public v. Private law
76
Criminal v.
Civil law
77
Can the same act be subject to
both civil and criminal proceedings?
78
Legal liability
• A breach of a legal obligation à The person is legally responsible.
• Civil and criminal liability
79
Legal liability
• Civil liability
• Civil liability gives a person rights to obtain redress from another person e.g. the
ability to sue for damages for personal injury.
• There is also the right to obtain an injunction. For there to be an award of damages, the injured
party has to have suffered an actual loss, be it personal injury, damage to property, or
financial loss. The burden of proof is "the balance of probability" which is much lower than for
criminal matters.
• Contractual liability
• Contract: legally enforceable agreement
• Governs business transaction
• Tortious liability
• Compensate the victims of certain forms of harmful conducts by an award of damages; or
• Prevent harm occurring by granting an injunction
• Negligence, nuisance, trespass, defamation
80
Legal liability
• Criminal liability
• Crime: an offence against the state
• Punishment
• Two key requirements must be fulfilled in order to initiate the prosecution
• Actus reus
• Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in
two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens
rea). To establish actus reus, a lawyer must prove that the accused party was responsible for a
deed prohibited by criminal law. Omission, as an act of criminal negligence, is another form
of actus reus.
• Mens rea
• the mental intent to do the crime (mens rea)
81
• David, a farmer, supplies organic free range eggs on a regular basis
to the Peak Park Hotel and Country Club. David’s hens, and the eggs
they produce, have become infected with salmonella. The hotel uses the
infected raw eggs to prepare a mayonnaise for Ian and Janet’s
wedding reception. Many of the guests are taken ill after the reception
and Sybil, Janet’s 90-year-old grandmother, dies.
• Questions
• (a) Identify the different types of legal proceedings which might arise from
these facts.
• (b) For each type of legal action you have identified in (a), discuss the nature
of the legal liability and the purpose or objective of taking legal action
82
Basic legal vocabulary
• Authority • Tribunal
• Lawyers • Law enforcement agency
• Legislation • Rule
• Legal action • Legal system
• The judiciary • Court
• Govern • Judge
83
• Legal action
• a process to have a court of law
settle an argument He plans on
taking legal action against the
company.
84
• Tribunal
• a special court chosen, esp. by
a government or governments,
to examine a particular problem:
• An international tribunal
of judges was established to investig
ate alleged war crimes.
• International Military Tribunal for the
Far East) หรื อเรี ยก การพิจารณาคดีกรุงโตเกียว
(อังกฤษ: Tokyo Trials) หรื อ ศาลอาชญากรรม
สงครามกรุงโตเกียว (อังกฤษ: Tokyo War
Crimes Tribunal)
• Martial Court in 1946 B.E.
85
Bad experiences related to law [writing]
• What is your worst experience about the law?
- 10 mins to think about and write about the case in 3 paragraphs
• (1) What is the situation
• (2) What is the problem
• (3) What can you do better? How to solve this problem?
- It can be your friend’s experience, if you don’t have first handed
experiences.
86
Good experiences related to law [writing]
• Tell your friend : the case that law helps improve people's lives?
• (2) What did law particularly do to help people's lives? What is that law
about? Contract? Torts?
• (3) What will happen if there is no such law in this case?
experiences.
87
Extra-curricular issues
• EFLI
• Google can teach you anything.
• English = Skills
• Volunteer activities
• Experiences in Sweden
• Startup and Venture Capital
• Job interview
• Study abroad
88
READING TECHNIQUES
PERADA SUPONPUN
Reading: Before you start reading
• Think of the main question. ‘What must I learn from the text?’
• Look at headings, sub-headings, illustrations. Look for patterns or
variations in presentation. ‘What information do they give me?’
• Decide how to record information from reading
90
Reading: Before you start reading
• Decide how to record information from reading
• Advantages and disadvantages
• Cause and effect
• Classification and definition
• Comparison and contrast
• Facts and figure
• Sequence/ stages of a process
• Question and answer
91
Reading: While you are reading
• Highlight the topic sentences of each paragraph à skimming
• Read the question, then look for the right paragraph(s)
• Read these paragraph(s) first à scanning
• Make notes à ‘get the gist’
• *understand the function of each paragraph*
92
Reading: After reading
• ‘Did the text answer all my questions?’
• If no, look at other paragraphs
93
Identify paragraph structure
• Background information
• A topic sentence
• A reason
• An example
94
Summarizing by using topic sentence
• Locate the topic sentences
• Paraphrase them
• Add supporting information
95
Essay structure
• Thesis statement
• Introduction • Reason 1,2,3, …
• Topic sentence
• Body Paragraph 1 • Supporting reasons
• Examples
• Topic sentence
• Body Paragraph 2 • Supporting reasons
• Examples
• Body Paragraph 3 • Topic sentence

• Supporting reasons
• Examples
• Conclusion • Restate the thesis

• Reason 1,2,3, …
96
Essay sample: Staying healthy
• People do many different things to stay healthy. What do you do for
good health?
• Use specific reasons and examples to support your answer.
97
Introduction
• Maintaining our health is one of the most effective ways of ensuring
that we live a long and happy life. I do many things in order to stay fit,
but the most important maintaining a healthy diet. There are two
reasons why I think this is critically important, which I will explore in the
following essay.
98
Introduction
but the most important maintaining a healthy diet. There are two
reasons why I think this is critically important, which I will explore in the
following essay.
99
Introduction
but the most important commitment is maintaining a healthy diet.
There are two reasons why I think this is critically important, which I will
explore in the following essay.
100
Paragraph 1
• To begin with, eating healthy food prevents obesity, which is the cause
of many very serious illnesses. Obesity is debilitating all by itself, but it
also causes patients to suffer from a variety of other illnesses, including
diabetes, arthritis and heart disease. It is important to be aware of this
connection when making decisions about the food which we eat.
101
Paragraph 1
• To begin with, eating healthy food prevents obesity, which is the cause
of many very serious illnesses. Obesity is debilitating all by itself, but it
also causes patients to suffer from a variety of other illnesses, including
diabetes, arthritis and heart disease. It is important to be aware of this
connection when making decisions about the food which we eat.
102
Paragraph 1
• My eldest cousin is a good example of this. While my cousin
maintained a healthy weight throughout high school and university
(despite eating a lot of unhealthy snacks and junk food), when he
entered adulthood his metabolism changed and he began to rapidly
gain weight. My cousin is not a particularly self-conscious individual
and was never bothered by how his weight gain affected his
appearance, so he continued to eat an unhealthy diet. However, he was
eventually diagnosed with adult-onset diabetes which has had a
profound effect on his quality of life. He now regrets not being a bit
more careful about his consumption choices.
103
Paragraph 1
• My eldest cousin is a good example of this. While my cousin
maintained a healthy weight throughout high school and university
(despite eating a lot of unhealthy snacks and junk food), when he
entered adulthood his metabolism changed and he began to rapidly
gain weight. My cousin is not a particularly self-conscious individual
and was never bothered by how his weight gain affected his
appearance, so he continued to eat an unhealthy diet. However, he was
eventually diagnosed with adult-onset diabetes which has had a
profound effect on his quality of life. He now regrets not being a bit
more careful about his consumption choices.
104
Paragraph 2
• Secondly, eating healthy food gives me a lot of energy, which keeps
me effective in my personal and professional pursuits. It is no secret
that people who are lacking in certain vitamins and nutrients lack the
energy necessary to complete even simple tasks.
105
Paragraph 2
• Secondly, eating healthy food gives me a lot of energy, which keeps
me effective in my personal and professional pursuits. It is no secret
that people who are lacking in certain vitamins and nutrients lack the
energy necessary to complete even simple tasks.
106
Paragraph 2
• I recall how when I was a university student I often skipped meals
because I was quite busy studying. As a result of not eating proper
meals, I started to suffer from fatigue and lethargy. My grades began
to drop because when it came time to write my tests I could barely
keep my eyes open long enough to answer the questions. Not only that,
but my submitted assignments were also quite poor as my fatigue
made me unable to keep up with them. The following year I was a bit
more diligent about making healthy food choices and my grades
quickly recovered.
107
Paragraph 2
• I recall how when I was a university student I often skipped meals
because I was quite busy studying. As a result of not eating proper
meals, I started to suffer from fatigue and lethargy. My grades began
to drop because when it came time to write my tests I could barely
keep my eyes open long enough to answer the questions. Not only that,
but my submitted assignments were also quite poor as my fatigue
made me unable to keep up with them. The following year I was a bit
more diligent about making healthy food choices and my grades
quickly recovered.
108
Conclusion
• In conclusion, the most important thing I do in order to stay healthy is
maintain a nutritious diet. This is because keeping a healthy diet
prevents obesity and related diseases, and because it gives me the
energy to keep up with my academic and professional obligations.
109
Conclusion
• In conclusion, the most important thing I do in order to stay healthy is
maintain a nutritious diet. This is because keeping a healthy diet
prevents obesity and related diseases, and because it gives me the
energy to keep up with my academic and professional obligations.
110
Other topics
• Do you agree or disagree with the following statement? It is better to
use printed material such as books and articles to do research than it is
to use the internet.
• Some students prefer classes with open discussions between the
professor and students and almost no lectures. Other students prefer
classes with lectures and almost no discussions. Which do you prefer?
111
Bad experiences related to law [writing]
• What is your worst experience about the law?
• (2) What is the problem
• (3) What can you do better? How to solve this problem?
experiences.
112
Good experiences related to law [writing]
• Tell your friend : the case that law helps improve people's lives?
• (2) What did law particularly do to help people's lives? What is that law
about? Contract? Torts?
• (3) What will happen if there is no such law in this case?
experiences.
113
Assignment: 17 August 2018
• Write 3 paragraphs
• Why did you choose to study law?
• Judge? Prosecutor? Lawyer? Police? Legal consultant in Law firm?
• Why?
• Pick your most favorite subject, and then tell us 2 things
• (1) Why you like it the most?
• (2) Any case that you have learnt in that subject in the last 4 years … any case
114
9.00-9.20 Law and Justice
9.20-10.00 - Source of Law
10.00-10.20 - Assignment Checking
11.00-11.45 Thai Legal and Judicial
System

LAW AND JUSTICE
PERADA SUPONPUN
116
Reading: Law and justice
• Law
• Rules
• Influenced by nature, religious or moral beliefs
• Improve lives
• Prevent people in the society from harm
• Provide a reasonably safe and trouble-free environment
117
• Different kinds of rules
• Basic and commonsense rules
• Govern important things and relations in the community
• Developed from customs
118
• Justice
• Depend on ethics (moral principles)
• A different subjective idea
• Uphold rights and punish wrongs
119
• To deliver justice, law must respond the new social needs.
• Review and reform
120
Sources of law
121
Legislation
• Acts/Bills
• Statutes
• By Parliament
• Pass/enact
• Amend
• Repeal
• Codify
• Consolidate
122
Hierarchy of Law
123
Hierarchy of Law
Organic Law
Act
Emergencies Act
Decree
Ministerial Regulations -
กฎกระทรวง
Ministerial Announce -
ประกาศกระทรวง
Local Regulations
124
Hierarchy of Law
125
Hierarchy of Law
126
Parliament can ….
• ________ Acts of Parliament.
• ________ new statutes.
• ________ existing legislation
• ________ obsolete law.
• ________ statute law, case law, and amendments into one Act.
• ________ law by repealing and re-enacting in one statute provisions
of a number of statutes on the same subject.
127
Parliament can ….
• _pass/enact _ Acts of Parliament.
• _pass/enact _ new statutes.
• _amend_ existing legislation
• _repeal_ obsolete law.
• _codify_ statute law, case law, and amendments into one Act.
• _consolidate_ law by repealing and re-enacting in one statute
provisions of a number of statutes on the same subject.
128
Common law
• UK-influence
• Created by judicial decisions
• Principle of binding precedents
• A lower court is bound to follow the decisions of a higher court
• Judge-made law
• Law reports
• Equity?
129
• Write 3 paragraphs
• Why?
130
Assignment Checking (Asgn. 17 August 2018)
• Check whether your friend writing 3 paragraphs and directly straight
to these 2 points.
• (1) Answer 3 questions as assigned on 17AUG as follows:
• Why?
• (2) Find topic sentence of each paragraph.
131
THAI LEGAL AND
JUDICIAL SYSTEM
PERADA SUPONPUN
Listening
• Introduction to American Judicial System
• https://www.youtube.com/watch?v=wV3zBBdTN4w
133
History of Thai legal and judicial system
• A. The first Constitution was promulgated.
• B. The power of judiciary is solely vested on the King.
• C. Court system was developed and divided into 4 categories.
• D. The Law of Three Seals was formed.
• E. Due to external influence, the national legal and court system were
overhauled.
• F. The local law was combined with the influence from the Hinduism law,
Dhammasattham.
• G. The process of code drafting had begun.
134
History of Thai legal and judicial system
• 1. The power of judiciary is solely vested on the King.
• 2. The local law was combined with the influence from the Hinduism
law, Dhammasattham.
• 3. The Law of Three Seals was formed.
• 4. Due to external influence, the national legal and court system were
overhauled.
• 5. The process of code drafting had begun.
• 6. The first Constitution was promulgated.
• 7. Court system was developed and divided into 4 categories.
135
Judicial system
• According to the Constitution, what are three main sovereign power of
Thailand?
• Name the head of each branch of the sovereign power under the
Constitution?
• How many level are there in Thai court system? And what are they?
• What is the court’s authority?
136
Judicial system - Key
• According to the Constitution, what are three main sovereign power of
Thailand?
• Name the head of each branch of the sovereign power under the
Constitution?
• How many level are there in Thai court system? And what are they?
• What is the court’s authority?
137
Courts of
first
instance
Specialized
courts
138
General courts
Tax Court
Juvenile and
Courts of family courts
Supreme Appeal
first
court Courts Bankruptcy Court
instance
Specialized
courts
Labor Courts
Intellectual Property
and International
Trade Court 139
• 1. With reference to three levels of the Court of Justice, how many
judges are there in one quorum?
• 2.What kind of law or subject matter that falls within the Municipal
Court’s jurisdiction?
• 3.Why are lay judges are required in certain types of court?
• 4.What are the purposes for establishing specialized courts?
• 5.Name at least two fundamental principles of the courts in delivering
justice?
140
- KEY
• 1. With reference to three levels of the Court of Justice, how many
judges are there in one quorum?
• 2.What kind of law or subject matter that falls within the Municipal
Court’s jurisdiction?
• 3.Why are lay judges are required in certain types of court?
• 4.What are the purposes for establishing specialized courts?
• 5.Name at least two fundamental principles of the courts in delivering
justice?
141
• Which court can provoke or overturn the decision of the Courts of
Appeal?
• Which level of the courts that the finality is vested in?
• Under what circumstances that the plenary session will be formed in the
Supreme court?
142
- KEY
• Which court can provoke or overturn the decision of the Courts of
Appeal?
• Which level of the courts that the finality is vested in?
• Under what circumstances that the plenary session will be formed in the
Supreme court?
143
Hierarchy of Thai law: rearrange
• Emergency decrees
• Acts
• Ministerial regulations
• Constitution
• (legal) codes
• Royal decrees
144
• Constitution
• Acts, (legal) codes, Emergency decrees
• Royal decrees
• Ministerial regulations
145
Legal education in Thailand: T/F
• Thai legal education is a postgraduate program where high school
student can directly enter.
• Students has to pass a bar examination in order to be qualified for a
master program in any Thai law school.
• Unlike in the US, Thai legal education has a lecture-based style.
• According to the text, the majority of law students are women.
146
Legal profession in Thailand
• Qualification requirement
• Judges
• Public prosecutors
• Lawyers
• Other kinds of legal professions?
147
Legal Job Hierarchy
148
13.00-13.40 Pronunciation
13.40-14.10 - read pairing with other friends
14.10-14.28 - read story: cold call
14.28-14.30 Assignment
-------15 mins break-------------
14.45-15.15 Start up & Related laws
15.15-16.00 - page 1-15
15.15-16.00 - page 15-3
Speak English 70% in the 31nd class (Today)

PRONUNCIATION
PERADA SUPONPUN
• Everyone will tell the class: what is his/her most impressed legal lesson?
• It can be judgement, case, legal problem, legal analysis, …
• Cold call
• Read any news (no later than February 2018) and about
151
STARTUP & RELATED LAWS
PERADA SUPONPUN
Business organizations
• Issues to be considered
• Size
• Formalities
• Ownership: partners, shareholders
• Management: partners, directors
• Risk and liability
153
Key
• Questions
• (a) Identify the different types of legal proceedings which might arise from
these facts.
• (b) For each type of legal action you have identified in (a), discuss the nature
of the legal liability and the purpose or objective of taking legal action
154
155
to the Peak Park Hotel and Country Club.
• David’s hens, and the eggs they produce, have become infected with
salmonella.
• The hotel uses the infected raw eggs to prepare a mayonnaise for Ian
and Janet’s wedding reception.
• Many of the guests are taken ill after the reception and Sybil, Janet’s
90-year-old grandmother, dies.
156
BUSINESS ORGANIZATIONS
PERADA SUPONPUN
Business organizations
• Issues to be considered
• Size
• Formalities
• Ownership: partners, shareholders
• Management: partners, directors
• Risk and liability
158
• Sole trader
• Partnership
• Limited liability partnership
• Limited company
• Private limited company
• Public limited company
159
Exercise: 19.2
• Registrar of Companies
• Guarantee the obligations
• Minimum authorized capital
• Legal entity
• Security over personal assets
• Public limited company
• Raise share capital
160
Formation of a company
• A company’s name
• Registered number
• An office
• Shelf company: what about Thai law?
161
Exercise: 20.1
You enquired about shelf companies. These are companies which are
already registered at Companies House –often with a name which is
linked to the __________. The shares of the company are _______ to
the purchaser, who normally urgently requires a _______ _______. The
_____ ___ is usually changed and a new Board of Directors and a
____________ are appointed to replace the initial Board and
Secretary, who resign on transfer. Such companies usually have standard
Articles of Association. The purchaser acquires the Certificate of
__________.
162
Exercise: 20.1
You enquired about shelf companies. These are companies which are
already registered at Companies House – often with a name which is
linked to the _formation agent. The shares of the company are
_transferred_ to the purchaser, who normally urgently requires a
_registered company. The _trading name_ is usually changed and a new
Board of Directors and a _Company Secretary_ are appointed to
replace the initial Board and Secretary, who resign on transfer. Such
companies usually have standard Articles of Association. The purchaser
acquires the Certificate of _incorporation_.
163
Exercise: 20.1
• Restricted • Registered office

• Regulations • Articles
• Location • Capital
• Purposes
• Objects
• Borrow capital with property as
security • Mortgage
• Responsibility • Limited
• Asset value • Liability
164
Merger and acquisition
• Amalgamation
• Takeover
• Acquisition of shares, asset or business
• The acquiring company (offeror)&the target company (offeree)
• The price
165
CONTRACT LAW
PERADA SUPONPUN
Formation of a contract
• A party willing to enter into a contract is called a(n) _______.

• A party accepting the offer to enter into a contract is called a(n)
________.
• When is the contract _______?
167
• A party willing to enter into a contract is called a(n) _offeror_.

• A party accepting the offer to enter into a contract is called a(n)
_offeree_.
• When is the contract _formed_?
168
• Elements: offer, acceptance, intention, (consideration)

• The differences between Thai and English Law?
169
Examples of a contract
• Service agreement • Sale contract

• Hire contract/agreement • Guarantee contract
• Lease agreement • Share transfer agreement
• Loan agreement • Prenuptial agreement
• Hire purchase agreement
170
Exercise: Formation of a contract
• A contract may be defined as an agreement between two or more

parties that intend to be __________.
• In order for a contract to exist, there must be an agreement which
consists of an ______ and acceptance. Two parties, at least, are need.
One of the parties, known as the offeror, is the party that makes the
offer. The other, known as the offeree, is the party that _______.
171
Exercise: Formation of a contract
• A contract may be defined as an agreement between two or more

parties that intend to be _legally binding_.
• In order for a contract to exist, there must be an agreement which
consists of an _offer_ and acceptance. Two parties, at least, are need.
One of the parties, known as the offeror, is the party that makes the
offer. The other, known as the offeree, is the party that _accepts_.
172
• An offer is an expression of willingness to contract made with the
_______ that it becomes binding on the offeror as soon as it is
accepted by the ______.
• A genuine offer is different from an invitation to treat. In the case of an
invitation to treat, a ______ merely invites offers that can be then
accepted or rejected.
173
• An offer is an expression of willingness to contract made with the
_intention_ that it becomes binding on the offeror as soon as it is
accepted by the _offeree_.
• A genuine offer is different from an invitation to treat. In the case of an
invitation to treat, a _party_ merely invites offers that can be then
accepted or rejected.
174
• An acceptance is a final __________ acceptance of the ______ of the
offer. These must be accepted in full by the offeree.
• If the offeree introduces a new term or varies the terms of the offer
then this will not be an acceptance. Instead, it is a ___________ that
the offeror is free to accept or reject.
175
• An acceptance is a final _unqualified_ acceptance of the _terms_ of
the offer. These must be accepted in full by the offeree.
• If the offeree introduces a new term or varies the terms of the offer
then this will not be an acceptance. Instead, it is a __counter-offer_
that the offeror is free to accept or reject.
176
Legal binding effect
• In the form required by the law

• In writing
• Orally
• implied
• Capacity of the parties
• Minor, (quasi-)incompetent person
177
Void and voidable contracts
• A 12-year-old Jane bought a car
from Company A. • Voidable
• Mark hired Harry to steal • Void (and null)
diamonds from National Museum.
• Jake and Jones concluded a hire- • Void (and null)
purchase agreement orally.
178
Exercise: 32.1
• Enforceable
• Standard wording
• Formally executed
• Capacity/authority
• Have effect/be effective
• Made in writing
179
Exercise 32.3
• Limitation period/ statutory of limitation

• Lapse of time
• Date of occurrence of the cause of action
180
Contents of a contract
• Express terms
• Implied terms
• Contract interpretation?
181
End of contract
• Expiration
• Termination
• breach
182
Remedy
• Damage
• Specific performance
• Injunction
183
Unfair contract terms
• Purposes
• Effects
• Examples
184
Specific contracts
• Forms
• In writing
• Require registration
• Made with a competent official
185
TORT
PERADA SUPONPUN
Tort Law
• Crimes v. Civil wrongs
• Juristic acts v. Legal causes
• Claim damages in compensation
• For injury or loss
• Loss of earning capacity
• Pain and suffering
• Medical expenses
187
Tort Law
• Duty of care à breach of duty

• Causation: reasonably foreseeable
188
• Negligence
• Trespass
• Interfering private property
• Defamation
• Reputation
• Slander v. libel
• Nuisance
189
190
Product liability
• Products defect
• Strict liability
191
Clinical negligence
• Medical negligence
• Causation/causal link
• Expert evidence
• Malpractice
192
Synonyms
• Negatively • Connection
• Likely • Adversely
• Unprejudiced • Probable
• Opinion • Impartial
• Causation/causal link • On a conditional fee basis/on a
• (charged) in proportion to the contingency basis
damages recovered • Point of view
• Bring a claim • Start an action
193
Active à Passive Voice
• The solicitor gives the clients a fee estimate.
• The firm explores the claim.
• The solicitor obtains the client’s medical records.
• An independent expert prepares a report.
• The department keeps a register of experts.
• The firm agrees a payment schedule with the client.
• We pursue the claim on a conditional fee basis.
• The action of the defendant has adversely affected the outcome for the
patient.
• The claimant must bring the claim within the limitation period.
194
Active à Passive Voice
• The solicitor _gives _ the clients a fee estimate.
• The firm _ explores _ the claim.
• The solicitor _ obtains _ the client’s medical records.
• An independent expert _ prepares _ a report.
• The department _ keeps _ a register of experts.
• The firm _ agrees _ a payment schedule with the client.
• We _ pursue _ the claim on a conditional fee basis.
• The action of the defendant has adversely _ affected _ the outcome for the
patient.
• The claimant must _ bring _ the claim within the limitation period.
195
CRIMINAL LAW
PERADA SUPONPUN
Criminal law
• https://www.youtube.com/watch?v=piyyGxX9ibY
197
Criminal offense
• Assault
• Battery
• Burglary
• Fraud, deception
• False imprisonment
198
Criminal offense
• Homicide, murder, manslaughter
• Trespass
• Theft
• Armed robbery
• Sexual assault
• Money laundering
• Drug dealing
199
Components of crimes
• Actus reus
• Mensrea
• Section 1(1) of the Theft Act 1968 (UK)
• ‘A person is guilty of theft if he dishonestly appropriates properly
belonging to another with the intention of permanently depriving the
other of it.
200
Thai Criminal Code
• Title XII: Offence against property
• Chapter 1: Offence of theft and snatching
• Section 334:
• ‘Whoever, dishonestly taking away the thing of other person or which
the other person to be co-owner to be said to commit the theft, shall be
imprisoned not out of three years and fined not out of six thousand
Baht.’
201
Paraphrasing
• He isn’t guilty of the crime.
• The property didn’t belong to the defendant.
• He didn’t act dishonestly.
• She didn’t mean to keep the property.
• He didn’t intend to steal the car.
• She didn’t permanently deprive her friend of the car.
• He didn’t take the money from the till.
• They weren't aware that she owned the property.
202
Theft: taking motor vehicle or conveyance with
authority
• Theft Act 1968 section 12(1)
• Elements of the offence
• Points to be considered/interpreted
203
Theft
• conveyance elements deicide considered decision interpreted
• There are two _______ of the offence which have to be ________ in
this case. Firstly, the court has to _____ if an inflatable rubber dinghy
is a ________. Secondly, the court needs to make a ______ as to
whether towing a trailer can be ________ as taking under the Act.
204
Theft
• conveyance elements deicide considered decision interpreted
• There are two _element_ of the offence which have to be
_interpreted_ in this case. Firstly, the court has to _decide_ if an
inflatable rubber dinghy is a _conveyance_. Secondly, the court needs
to make a _decision_ as to whether towing a trailer can be
_considered_ as taking under the Act.
205
• conveyance considered taking interpreted decide
• The court has to _____ on two points here. The first question is whether
or not an inflatable rubber dinghy can be ________ as a _________.
The second question to be answered is whether towing on a trailer can
be _________ as _________.
206
• conveyance considered taking interpreted decide
• The court has to _decide on two points here. The first question is
whether or not an inflatable rubber dinghy can be _considered_ as a
_conveyance_. The second question to be answered is whether towing
on a trailer can be _interpreted_ as _taking_.
207
• trespass intend steal accused allege possession commit fear amount to
crime necessary
• The Theft Act 1968 covers a number of crimes. Burglary involves
_trespassing_ in a building with the intent to _steal_.
208
crime necessary
________ in a building with the intent to ____.
209
crime necessary
_trespassing_ in a building with the intent to _steal_.
210
crime necessary
• Aggravated burglary is committed if a person is ____________ a
weapon of offence at the time of the burglary. The ______ does not
actually have to use it. The possession of the weapon is sufficient for
the crime to ________ aggravated burglary.
211
crime necessary
• Aggravated burglary is committed if a person is _in possession of_ a
weapon of offence at the time of the burglary. The _accused_ does not
actually have to use it. The possession of the weapon is sufficient for
the crime to _amount to_ aggravated burglary.
212
crime necessary
• Finally, robbery requires the use of force before or at the time the
_____ is committed. It is not ________ for force to be actually used
while the person is ________ the crime. It if sufficient for a person to
put another person in ____ of force.
213
crime necessary
• Finally, robbery requires the use of force before or at the time the
_crime_ is committed. It is not _necessary_ for force to be actually used
while the person is _committing_ the crime. It if sufficient for a person
to put another person in _fear_ of force.
214
Homicide
• Murder, manslaughter
• Intend to kill
• Defences (mitigating factors)
• Self-defence
• Provocation
• Diminished responsibility
• Aggravating factors
215
Thai Criminal Code
• Section 288:
• Whoever, murdering the other person, shall be imprisoned by
death or imprisoned as from fifteen years to twenty years.
• Section 290:
• Whoever, causes death to the other person by inflicting injury
upon the body of such person without intent to cause death, shall
be punished with imprisonment of three to fifteen years.
216
Thai Criminal Code
• Section 295:
• Whoever, causes injury to the other person in body or mind is said
to commit bodily harm, and shall be punished with imprisonment
not exceeding two years or fined not exceeding four thousand Baht,
or both.
217
Reading a long sentence
• Locate the subjects, verbs and objects/complements
• Put a dividing line at the end of a phrase which begins a sentence;
before a phrase at the end of the sentence; between clauses.
• Put brackets round extra pieces of information.
218
Simplifying sentences
• Divide sentences into small parts
• Underline the joining words
• Find the subjects, verbs, objects/complements and adverbial phrases
• Make several short simple sentences which show the meaning
219
Simplifying sentences - KEY
• Divide sentences into small parts
• Underline the joining words
• Find the subjects, verbs, objects/complements and adverbial phrases
• Make several short simple sentences which show the meaning
220
• Voluntary manslaughter is where the accuses intentionally kills another,
but is not liable for murder because there are mitigating circumstances
such as provocation or diminished responsibility.
221
• Voluntary manslaughter is where the accuses intentionally kills another,
but is not liable for murder because there are mitigating circumstances
such as provocation or diminished responsibility.
222
• Involuntary manslaughter occurs when the accused did not intend to
cause death or serious injury, but death resulted because that person
was reckless or grossly negligent.
223
• Involuntary manslaughter occurs when the accused did not intend to
cause death or serious injury, but death resulted because that person
was reckless or grossly negligent.
224
‘Killing no murder’
• Do the courts consider involuntary manslaughter to be a major or a
minor offence?
• What were the relevant facts in R v Franklin as far as the court was
concerned?
• What precedent did R v Franklin establish?
225
‘Killing no murder’ - KEY
• Do the courts consider involuntary manslaughter to be a major or a
minor offence?
• What were the relevant facts in R v Franklin as far as the court was
concerned?
• What precedent did R v Franklin establish?
226
‘Killing no murder’
• What is the significance of the defendant’s occupation in R v
Adomako?
• In what way was the defendant in R v Seymour reckless?
• ‘I didn’t want to kill him. I didn’t even see him there!’ Is this a good
defence? Why?
227
‘Killing no murder’ - KEY
• What is the significance of the defendant’s occupation in R v
Adomako?
• In what way was the defendant in R v Seymour reckless?
• ‘I didn’t want to kill him. I didn’t even see him there!’ Is this a good
defence? Why?
228
Civil and Criminal Proceedings
229
Criminal proceedings
• Search and arrest warrant
• Issued under what circumstances?
• A search warrant must be issued concurrently with a arrest warrant of such
person.
• Exceptions?
• Consequences of illegal search
230
Criminal proceedings
• Criminal charges
• The victim can submit a charge to whom?
• Compoundable and non compoundable offenses
• Right to an attorney
• Punishment
• The court’s discretion and other circumstances to be considered
• 5 types
• Appeals
231
Listening
• This Is Life In A Thai Jail: Face Death Or Madness
• https://www.youtube.com/watch?v=lSiGyGS6u8M
232
Civil proceedings
• Statute of limitation and other preconditions
• Commencing proceedings
• A complaint -counterclaim
• Early disposal of a case
• Default orders
• Out-of-court settlement
233
Civil proceedings
• Hearing and judgment
• witnesses and evidence
• Remedies
• Monetary damages, specific performance, permanent injunctions
• Execution order
• Appeals
234
ENVIRONMENT LAW
PERADA SUPONPUN
ENVIRONMENT
• International
• National
• Compliance mechanisms
236
Basic principles on environmental law
• Polluter pays principle
• Precautionary principle
• Sustainable development principle
• Environmental impact assessment principle
• Common but differentiated responsibility principle
237
45.1
• Aiming to meet the needs of the present without making it difficult to
meet the needs of the future generation
• Making the individual or the organization that caused the
environmental damage cover the cost
• (countries) agree to make a contribution to environmental protection but
differently according to their circumstances
238
45.1
• Acting to protect the environment in the case of serious harm, even
though clear scientific proof of damage is not yet available
• Evaluating the suitability and implications of the planned development
of land
239
45.2
• Agreement to carry out what is • Protection
ordered • Treaties/conventions
• Structure • Compliance
• Written legal agreements • Framework(s)
between countries
• Damage
• Defence
• Enforcement
• Harm
• Implementation
• Damage through contamination
• Pollution
• Fulfilment
240
The relation between Constitution and
Environmental Protection
• Rights and duties
• Right to participation
• Right to information
• Right to compensation
• Right to resistance
• Access to environmental resources
• Observing international law
241
Listening
• 101 East: Toxic Thailand
• https://www.youtube.com/watch?v=OfHiaAThDPU
242

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English for Lawyers I

• For centuries, people on sea coasts around the world ____________

• Simple sentence: S.+V.+O.

• Some new urban roads were built by construction companies without

• A new device for measuring the purity of water was launched by a

• One thousand of new jobs have been created by hi-tech companies in

• One thousand of new jobs have been created by hi-tech companies in

• The hostages were being transported to the airport by guards when

• Simple changes to aid biodiversity can be made by local community.

• Simple changes can be made by local community to aid biodiversity.

• Some doubts were raised about the quality of the questionnaire

• A relative whose blood type is compatible may be able to donate a

• Ability: can, could, be able to

Speak English 70% in the 1st class (Today)

• Body Paragraph 3 • Topic sentence

• Conclusion • Restate the thesis

Speak English 65% in the 2st class (Today)

Speak English 70% in the 31nd class (Today)

• Restricted • Registered office

• A party willing to enter into a contract is called a(n) _______.

• A party willing to enter into a contract is called a(n) _offeror_.

• Elements: offer, acceptance, intention, (consideration)

• Service agreement • Sale contract

• A contract may be defined as an agreement between two or more

• A contract may be defined as an agreement between two or more

• In the form required by the law

• Limitation period/ statutory of limitation

• Duty of care à breach of duty

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