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REVISION ENGLISH IV Put the verbs in brackets into the appropriate forms: Each country _______(determine) the jurisdiction of its courts to entertain a civil law suit. In federal countries or unitary systems with strong traditions of regional or provincial jurisdiction (e.g., the US, the UK, Canada, and Switzerland), it ______ (become) necessary to have rules to determine in which jurisdiction a civil suit may ______(bring, passive). In some countries (e.g.Austria) the central (national) law ______(govern), while in others the constituent states may determine the jurisdiction of their courts themselves (e.g., the US). Fill in the missing words: enforcement, obligation, private, refers Private international law _____ to that part of the law that is administered between___ citizens of different countries or is concerned with the definition, regulation, and ____ of rights in situations where both the person in whom the right inheres and the person upon whom the _____ rests are private citizens of different nations. Dispute, governments, regulations, respect, set, transaction It is a set of rules and ____ that are established or agreed upon by citizens of different nations who privately enter into a ____ and that will govern in the event of a ____. In this ____, private international law differs from public international law, which is the ___ of rules entered into by the ____of various countries that determine the rights and regulate the relations of independent nations. Key Private international law refers to that part of the law that is administered between private citizens of different countries or is concerned with the definition, regulation, and enforcement of rights in situations where both the person in whom the right inheres and the person upon whom the obligation rests are private citizens of different nations. Key It is a set of rules and regulations that are established or agreed upon by citizens of different nations who privately enter into a transaction and that will govern in the event of a dispute. In this respect, private international law differs from public international law, which is the set of rules entered into by the governments of various countries that determine the rights and regulate the intercourse of independent nations. Exercise: What is a contract? Complete the text using the following: agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms It is an agreement that creates a binding ____ upon the parties. The essentials of a contract are as follows: mutual ____; a legal ____which in most instances need not be financial; parties who have legal ____to make a contract; absence of ____or duress; and a subject matter that is not ____or against public policy. agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms In general, contracts may be either ___or written. Certain types of contracts, however, in order to be enforceable, must be written and ____. These include contracts involving the sale and transfer of _____. agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms In case of a ____of contract, the injured party may go to court to sue for financial compensation (or ____), or for rescission, for injunction, or for specific performance if financial compensation would not compensate for the breach. Specific____of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise___ agreed Key: It is an agreement that creates a binding obligation upon the parties. The essentials of a contract are as follows: mutual agreement; a legal consideration which in most instances need not be financial; parties who have legal capacity to make a contract; absence of fraud or duress; and a subject matter that is not illegal or against public policy. Key In general, contracts may be either oral or written. Certain types of contracts, however, in order to be enforceable, must be written and signed. These include contracts involving the sale and transfer of property. Key In case of a breach of contract, the injured party may go to court to sue for financial compensation (or damages), or for rescission, for injunction, or for specific performance of financial compensation would not compensate for the breach. Specific performance of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise terms agreed Fill in the gaps with the followig: breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged What is the purpose of the law of tort? Many lawyers describe this as the most disorganised area of law. It has even been described as ‘the dustbin of law’. Meaning that it is the place where all of the problems that other areas of law cannot deal with will eventually arrive.However, the principal purpose of the law of tort is to provide a____to those who have been___ by others. Some of these wrongs might be covered by criminal law or by contract law as well as by the law of tort, but some breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged However, people are not liable for wrongs to others in every situation in life. Let’s say that person A harms person B in some way. Is person B entitled to what lawyers call____? It is certainly not automatic that person B can make a claim against person A according to the law of tort. It depends on the type of harm that has been caused and under what circumstances. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged The law of tort is based upon principles that have developed over many years. These principles explain what lawyers refer to as ‘tortious liability’. This is where one person or organisation has a duty in the eyes of the law not to harm another in any way. This duty is called duty of ____. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged To make a successful claim against someone according to the law of tort, you must first of all establish that: The person who has harmed you owed a duty of care to you, and The duty of care was____. In some cases you also need to provide the court with___of harm, but in other cases just proving that the duty of care was breached is enough. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged The main objective of the law of tort is not to punish the wrongdoer, but to compensate the injured party. This compensation usually takes the form of a payment of money that is referred to as ___. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged Let’s say that person A is driving dangerously and causes harm to person B by crashing into his car. In this example, person A has an automatic duty of care not to harm anyone in this way and that duty has been breached. A court might award damages to cover the cost of buying a new car. It might also award damages for any other expenses that person B has ____, such as loss of earnings if he is unable to go to work. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged The court might also add a certain amount of damages to the sum awarded for things that are difficult to measure, such as person B’s pain and suffering. The phrase moral damage is not used in English to describe his kind of suffering. We usually describe it as ‘pain and suffering’ or ‘emotional ___. Some lawyers think that the law of tort also acts as a ___in that people think twice before behaving in a way that could lead to harm. Fill in the missing words: agree, argue,ask, contribute, do, establish, expect Under what circumstances is a person guilty of the tort of negligence? Unfortunately, the definition of the term ‘negligence’ varies according to which book you are reading. The legal term ‘negligence’ has a much more complex meaning than the general English meaning of the word. However, most lawyers ___upon the idea that in order to establish negligence in a particular situation we must___three fundamental questions: Fill in the missing words: agree, argue,ask, contribute, do, establish, expect, owe Did the defendant___the claimant a duty of care? Was that duty of care breached? Did the defendant’s breach cause, or materially___to, the damage suffered by the claimant? If the answer to all three questions is ‘yes’, then the defendant has been negligent in the legal sense of the word. agree, argue,ask, contribute, do, establish, expect To whom do I owe the duty of care? The case law in this area is complicated. However, there is a principle of English law that says that I owe a duty of care to anyone in situtations where it is reasonably foreseeable that my act or omission might cause harm to another person. In other words, it is a defence to an allegation of negligence to ___that no reasonable person would have anticipated that my act or omission would cause harm. agree, argue,ask, contribute, do, establish, expect Assuming that I can reasonably anticipate the result of my act or omission, what standard of care does the law___from me? How do I know when I have breached my duty of care? To answer this question, most English law students are asked to remember the general principle of negligence provided by a judge named Alderson in the case of Blyth v Birmingham Waterworks (1856). The judge said: agree, argue,ask, contribute, do, establish, expect ‘Negligence is the omission to___something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do’. agree, argue,ask, contribute, do, establish, expect Again, the question of whether or not I have breached my duty of care has been decided by an objective test. What would an ordinary, reasonable person do under the same circumstances? Finally, in order to firmly __negligence, the claimant must demonstrate that the negligent act of the defendant was the main cause of the damage complained of. A court will often ask: agree, argue,ask, contribute, do, establish, expect, suffered Was the chain of causation broken at any time? Would the harm that the claimant ___have happened anyway, even if the defendant had not acted in a particular way? Even where there is a clear chain of causation, was the damage too remote, in other words, not reasonably foreseeable by the defendant? agree, argue,ask, contribute, do, establish, expect, imagine, suffered In conclusion, establishing that someone has been negligent is not as straightforward as the general public might imagine. Complete the following sentences with a preposition: by, under, at, upon, of Do we agree___the fact that your client owed my client a duty of care? We must ask ourselves what a reasonable person would have done___the circumstances. The defendant did not take reasonable care when using dangerous chemicals and so he is guilty ___behaving negligently. by, under, at, upon, of The damage caused to the claimant was not reasonably foreseeable___the defendant. ___what point do you think that the chain of causation was broken? Introduction to Company Law: Exercise Complete the text by using the following words: agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue A company is a ___entity, allowed by ___, which permits a group of people, as___, to create an organization, which can then focus on pursuing set____. It is empowered with legal rights which are usually only reserved for individuals, such as the right to____and be sued, own____, hire____ or loan and ____money. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue The primary advantage of a company structure is that it provides the shareholders with a right to participate in the_____, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal____. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue There are various forms of legal business entities ranging from the____, who alone bears the risk and responsibility of running a business, taking the profits, but as such not forming any association in law and thus not regulated by special rules of law, to the____company with ___liability and to multinational ____. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue In a ____, members ‘associate’, forming collectively an association in which they all participate in management and sharing____, bearing the liability for the firm’s _____and being sued jointly and severally in relation to the firm’s contracts or tortious acts. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue Limited-liability companies, or corporations, unlike partnerships, are formed not simply by____entered into between their first members; they must also be_____at a public office or _____designated by law or otherwise obtain official acknowledgement of their existence. Key A company is a legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives. It is empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, own property, hire emoloyees or loan and borrow money. Key The primary advantage of a company structure is that it provides the shareholders with a right to participate in the dividends, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal liability. Key There are various forms of legal business entities ranging from the sole trader, who alone bears the risk and responsibility of running a business, taking the profits, but as such not forming any association in law and thus not regulated by special rules of law, to the registered company with limited liability and to multinational corporations. Key In a partnership, members ‘associate’, forming collectively an association in which they all participate in management and sharing profits, bearing the liability for the firm’s debts and being sued jointly and severally in relation to the firm’s contracts or tortious acts. Key Limited-liability companies, or corporations, unlike partnerships, are formed not simply by agreements entered into between their first members; they must also be registered at a public office or court designated by law or otherwise obtain official acknowledgement of their existence. Complied, conferred, procedures, substantive Ultra vires has two meanings: (1) ___ultra vires where a decision has been reached outside the powers ___on the decision taker; and (2) procedural ultra vires where the prescribed ___have not been properly ___with. amenable, courts, doctrine, remedies, statutory The ___of ultra vires gives ____ considerable powers of oversight over decision-making. The range and variety of bodies ____to the doctrine is large. Ministers, or any public body with ___powers, may be included. The doctrine also applies to companies and corporations that are amenable to the____ of declaration or injunction. Key Ultra vires has two meanings: (1) substantive ultra vires where a decision has been reached outside the powers conferred on the decision taker; and (2) procedural ultra vires where the prescribed procedures have not been properly complied with. Key The doctrine of ultra vires gives courts considerable powers of oversight over decision-making. The range and variety of bodies amenable to the doctrine is large. Ministers, or any public body with statutory powers, may be included. The doctrine also applies to companies and corporations that are amenable to the remedies of declaration or injunction. Put the verbs in brackets into appropriate forms A local authority that ___(enter) an agreement or contract that is outside its statutory powers _____(say, passive) to be acting ultra vires. In Hazel v. Hammersmith [1991] 1 All ER 545, the House of Lords ____(hold) that various speculative investments undertaken by local authorities ____(lack) express statutory authorization and were void with severe consequences for those who ____(invest) in local authority activities declared illegal by the courts. . Key A local authority that enters an agreement or contract that is outside its statutory powers is said to be acting ultra vires. In Hazel v. Hammersmith [1991] 1 All ER 545, the House of Lords held that various speculative investments undertaken by local authorities lacked express statutory authorization and were void with severe consequences for those who had invested in local authority activities declared illegal by the courts. Abuse, claiming, justice, legality, unreasonably The grounds for ___ ultra vires range from ___ of power, acting ___ (Padfield v. Minister of Agriculture, Fisheries and Food [1968] AC 997), or acting not in accordance with the rules of natural ____. Ultra vires is a formidable doctrine for the courts to intervene and challenge the ___of decisions. Cases, finding, legal, parties Ultra vires may result in significant consequences for the body exercising ___powers. In many___ the decision that is ultra vires may be said, in law, never to have taken place, with often severe consequences from such a ___on the ___to any agreement. key The grounds for claiming ultra vires range from abuse of power, acting unreasonably (Padfield v. Minister of Agriculture, Fisheries and Food [1968] AC 997), or acting not in accordance with the rules of natural justice. Ultra vires is a formidable doctrine for the courts to intervene and challenge the legality of decisions. Key Ultra vires may result in significant consequences for the body exercising legal powers. In many cases the decision that is ultra vires may be said, in law, never to have taken place, with often severe consequences from such a finding on the parties to any agreement. Fill in the missing words: court, deterrent, disciplinary, evidence, legal The police who fail to act within the scope of their ____ powers may be the subject of internal ___ proceedings, or worse. Potentially the most effective ___ against breaking the rules arises from the fact that any ___ obtained improperly may not be able to be given in ___. Key The police who fail to act within the scope of their legal powers may be the subject of internal disciplinary proceedings, or worse. Potentially the most effective deterrent against breaking the rules arises from the fact that any evidence obtained improperly may not be able to be given in court. Put the verbs in brackets into appropriate forms: As the police know that during the investigative information-gathering stage these rules of evidence will__ (apply, passive) should a case reach court and ___(contest, passive), these rules should shape the ways in which evidence___ (obtain, passive) by the police. However, the law of evidence ___(give) judges considerable discretion whether or not evidence should ___ (exclude, passive). The practical consequences of bending or ___(ignore) the questioning rules are not always predictable. Key As the police know that during the investigative information-gathering stage these rules of evidence will be applied should a case reach court and be contested, these rules should shape the ways in which evidence is obtained by the police. However, the law of evidence gives judges considerable discretion whether or not evidence should be excluded. The practical consequences of bending or ignoring the questioning rules are not always predictable. Put the verbs in brackets into appropriate forms There are currently over 97,000 practising solicitors in Enland and Wales, a number that ____(increase) about 4% a year. In addition there are another 11,500 or so barristers in private practice. A further 2,800 ___(practise) as employed lawyers ___(work) ‘in-house’ for a wide variety of companies, government departments and agencies. Key There are currently over 97,000 practising solicitors in Enland and Wales, a number that is increasing about 4% a year. In addition there are another 11,500 or so barristers in private practice. A further 2,800 practise as employed lawyers working ‘in-house’ for a wide variety of companies, government departments and agencies. commercial, globalization, growth, legal, rights All these totals have increased vary rapidly over the last quarter of a century. They reflect increased demands for ___services resulting from economic___, structural changes affecting the ___ world such as ____ and involvement in Europe, and numerous other social changes with greater emphasis on citizens’ ___. All these totals have increased vary rapidly over the last quarter of a century. They reflect increased demands for legal services resulting from economic growth, structural changes affecting the commercial world such as globalization and involvement in Europe, and numerous other social changes with greater emphasis on citizens’ rights. Legal terms The act of giving a judgement or of deciding a legal problem: Adjudication The power of a court to hear and decide a case or make a certain order Jurisdiction Legal terms Law of contract Ugovorno pravo Tort Šteta, štetna radnja, građanski delikt Law of Torts Građansko deliktno pravo Legal terms An act of not doing sth, such as enforcing payment of a debt, which could have been done Forbearance Paying by instalments Hire purchase Legal terms Somebody who has committed a tort Tort-feasor To start legal proceedings against someone to get compensation for a wrong Sue Legal terms Damages which are not for a fixed amount of money but are awarded by a court as a matter of discretion depending on the case Unliquidated damages (Torts give rise to claims for unliquidated damages) Specific amount which has been calculated as the loss suffered Liquidated damages Legal terms The management of money or property for someone; the duty of looking after goods, money or property which someone (the beneficiary) has passed to you Trust Legal terms Failure to give proper care to sth, esp. a duty or responsability, with the result that a person or property is harmed Negligence Something which causes harm or inconvenience to someone or to property Nuisance The tort of interfering with land or goods of another person Tresspass Legal terms Act of injuring someone’s reputation by maliciously saying or writing things about him or her Defamation A published or broadcast statement which damages someone’s character Libel An untrue spoken statement which damages someone’s character Slander Legal terms Unconditional acceptance of all the terms of an offer Acceptance Refusal or failure by a party to a contract to perform an obligation imposed under the contract Breach of contract Legal terms Ability of a natural or legal person to enter into a contract Capacity A fundamental term of the contract. If it is breached, the innocent party may not only claim damages, but may also opt to treat the contract as ended Condition Legal terms A contract must be a bargain. Each party gives value to the other by exchanging promises (or by a promise given in exchange for an act). This exchange of value is Consideration Legally enforceable agreement Contract Legal terms If not all the terms of an offer have been accepted, then there is no acceptance of the offer, but a…This is in effect a new offer, which now has to be accepted by the other party Counter offer Legal terms In contract law, financial compensation that shuld put the claimant in the position he would have been if the contract had been performed properly Damages Release from the obligations under a contract. D…may be by performance, agreement, breach or frustration Discharge Legal terms Both parties agree to end the contract Discharge by agreement A contract may be discharged by ___where the party in default has refused to perform, or where the performance is so defective that there has been fundamental___ Discharge by breach Legal terms Parties are excused from the contract if, through no fault of either party, after the formation of the contract it becomes impossible to carry out the contract or the contract has become commercially pointless Discharge by frustration Legal terms The obligations under the contract have been carried out fully and exactly Discharge by performance Violence or threats of violence in order to make someone enter into a contract duress Legal terms Term in a contract to exclude the liability of a party for contractual failure. That failure could be in the form of breach of contract, misrepresentation or negligence Exclusion clause Terms explicitly stated by the parties, either oral or written Express terms Legal terms Most contracts include a f__ m___clause. This lists events considered to be outside the control of the parties and for which the parties cannot be held responsible. Force majeure A term is f:__ if it goes to the root of the contract. If it is breached, the breach is referred to as Fundamental breach Legal terms Terms that can be read into the contract, whether by custom, statute or by the courts Implied terms A court order to stop a clause in the contract from being broken. It is a discretionary remedy and will not be ordered if damages are a sufficient remedy injunction Legal terms Where the representation is a false statement, it is called:____. M. can be fraudulent, negligent or innocent. Misrepresentation A contract only confers rights and obligations on the parties to the contract. There are exceptions to this rule, both in statute law and common law. Privity of contract Legal terms A statement that encourages a party to enter into the contract, but does not itself form a part of that contract Representation Improper pressure other than violence to make someone enter into a contract Undue influence Legal terms A defect that was present in th agreement at the time the contract was made. The defect is sufficiently serious to have the contract set aside. V___ factors include misrepresentation, mistake, duress and undue influence Vitiating factor Legal terms The party owing a duty of care has failed in the performance of that duty Breach of a duty of care There must be a link between the damage suffered by the claimant and the defendant’s act or omission. Causation Legal terms A defence to a negligence claim. The defendant shows that the claimant failed to take proper care and was therefore partly to blame for the injury he suffered. The damages the claimant can recover will be less. Contributory negligence Legal terms Financial compensation for the claimant for the harm suffered Damages A duty binding on one party to avoid acts or omissions which could reasonably be foreseen as likely to injure the other party Duty of care Legal terms This is an artificial, legal construct. An abstract entity, for example a registered company, is a separate person in law Legal person This is a human being rather than an artificial legal construct Natural person Legal terms In legal terminology, this is more than mere carelessness. It requires that the defendant has breached a duty of care owed to the claimant, and as a result the claimant has suffered harm Negligence Legal terms The test in negligence for breach of a duty of care is not whether this particular defendant has acted unreasonably but whether a reasonable person would have acted in this way Objective test Legal terms In a negligence claim, a major factor that must be taken into account in establishing a duty of care is whether the defendant could reasonably foresee that his behaviour would lead to the claimant being injured. Reasonable foreseeability Legal terms The test for determining whether there has been a breach of a duty of care is objective. The standard is one of reasonableness: whether the defendant has acted as a reasonable man would have acted in this situation Reasonable man/person Legal terms A private or civil wrong, resulting from a breach of a legal duty. The law of __is a collection of different sorts of ___, as there is no general principle of liability for causing harm to another person Tort The adjective referring to tort Tortious Collocations To establish negligence To suffer damage To allege negligence The cause of damage A chain of causation Reasonably foreseeable Prepositions To act in a way Your client acted in a particular way that caused harm to my client In order to do something In order to establish negligence we must show that the defendant breached his duty of care to you. Prepositions Foreseeable by someone The damage was reasonably foreseeable by our client To be guilty of something The defendant was guilty of committing this tort Legal terms Return of foreign investments, profits etc. To the home country of their owner Repatriation The action of state in taking private property for public use Expropriation Legal terms Providing money to pay the cost of sth Defrayment Spending of money by the local or central government Public expenditure Land or buildings considered from a legal point of view Real estate Legal terms a business run without partners Sole proprietorship A business run with a partner or partners Partnership Alegal body which has been incorporated Corporation Legal terms The sale of small quantities of goods to individual customers Retail The fact of being legally responsible for paying of damage or loss incurred Liability Somebody who is owed money Creditor Somebody who owes money Debtor Legal terms Pravna osoba Artificial person (Br. E.), legal person, legal entity Ograničena odgovornost Limited liability Prenosivost dionica Transferability of shares Legal terms A review by a higher court of the actions of a lower court or of an administrative body Judicial review Legal terms A way of removing harm or damage suffered Remedy A rule governing an aspect of the internal running of a corporation, club or association such as number of meetings or election of officers; a rule or law made by a local authority or public body and not by cental government By-law Legal terms Počiniti kazneno djelo Commit an offence Legal terms An act of taking and keeping someone in custody legally, so that he or she can be questioned and perhaps charged with a crime Arrest An act of examining a place to try to find sth Search The act of taking possession of sth Seizure Legal terms An intentional or reckless act that causes someone to be put in fear of immediate physical harm. Actual physical contact is not necessary to constitute it Assault Legal terms Imprisonment or confinement Custody Unlawful restriction of a person’s freedom of movement, not necessarily in prison False imprisonment Legal terms An order issued by a court directing some act or forebearance Writ A written document issued by a magistrate for the arrest of a person or search of his property Warrant Legal terms Trespass Ometanje posjeda, neovlašteni pristup Tresspasser Osoba koja neovlašteno ulazi na tuđi posjed, prijestupnik Retaliate uzvratiti Legal terms Detain Zadržati; privremeno zatvoriti Detention Pritvor Detinue Protupravno zadržavanje Conversion otuđenje