Download English for Law 1

Lecturer: Miljen Matijašević
e-mail: miljen.matijasevic@gmail. com
Session 9
Complete the definitions:
1.
2.
A person who has committed a tort is known as the ..................... .
While in criminal law what needs to be proven is guilt of the defendant, in
civil law the point is to prove the ..................... of the defendant.
3.
Printed defamatory statements are referred to as ..................... statements.
4.
Original risk carried by an activity is referred to as the ..................... risk.
5.
6.
7.
8.
9.
A negligence lawsuit will fail even though the defendant’s negligence has
been proven, provided there is no ..................... .
In civil lawsuits, if the injured party wins, damages are ..................... to the
claimant for the damage ..................... .
If a contract is to be made, ..................... agreement is necessary.
A contract which can be set aside by the court at the initiative of one of the
parties thereto is referred to as a ..................... contract.
The document that defines the type of business, defines the duties and
responsibilities of the management and sets out the relationship between
the company and its shareholders is known as ..................... of association.
Complete the definitions:
1.
2.
A person who has committed a tort is known as the TORTFEASOR.
While in criminal law what needs to be proven is guild of the defendant, in
civil law the point is to prove the LIABILITY of the defendant.
3.
Printed defamatory statements are referred to as LIBELLOUS statements.
4.
Original risk carried by an activity is referred to as the NON-TORTIOUS risk.
5.
6.
7.
8.
9.
A negligence lawsuit will fail even though the defendant’s negligence has
been proven, provided there is no CAUSATION.
In civil lawsuits, if the injured party wins, damages are AWARDED to the
claimant for the damage SUSTAINED/SUFFERED.
If a contract is to be made, UNQUALIFIED agreement is necessary.
A contract which can be set aside by the court at the initiative of one of the
parties thereto is referred to as a VOIDABLE contract.
The document that defines the type of business, defines the duties and
responsibilities of the management and sets out the relationship between
the company and its shareholders is known as ARTICLES of association.
Complete the sentences with appropriate words. The first letters are provided.
1.
2.
3.
4.
5.
The essential elements of an English contract are o___________, acceptance,
c___________ (payment/commodity/service), legal c___________ (capability) to
contract and the i___________ (aim) to create legal relations.
Some of the main police powers in Great Britain are: stop and a___________
(explain yourself), stop and search, the powers of e___________ (entering a
place), search and s___________ (confiscation), arrest and d___________
(keeping someone in custody).
In the US there are three main forms of business organisation: s___________
p___________, partnership and c___________.
Legislation issued by bodies other than Parliament is known as d___________
legislation. It can undergo j___________ r___________ in the Administrative
Court either by a d___________ challenge or a challenge in c___________
proceedings.
In establishing negligence, the damage must be reasonably f___________
(predictable) and must not be too r___________ (distant, removed) from the
negligent act.
Complete the sentences with appropriate words. The first letters are provided.
1.
2.
3.
4.
5.
The essential elements of an English contract are OFFER, acceptance,
CONSIDERATION (payment/commodity/service), legal CAPACITY (capability)
to contract and the INTENTION (aim) to create legal relations.
Some of the main police powers in Great Britain are: stop and ACCOUNT
(explain yourself), stop and search, the powers of ENTRY (entering a place),
search and SEIZURE (confiscation), arrest and DETENTION (keeping someone
in custody).
In the US there are three main forms of business organisation: SOLE
PROPRIETORSHIP, partnership and CORPORATION.
Legislation issued by bodies other than Parliament is known as DELEGATED
legislation. It can undergo JUDICIAL REVIEW in the Administrative Court
either by a DIRECT challenge or a challenge in COLLATERAL proceedings.
In establishing negligence, the damage must be reasonably FORESEEABLE
(predictable) and must not be too REMOTE (distant, removed) from the
negligent act.
Explain the following terms in English.
1.
‘BUT FOR’ TEST
2.
LEX FORI
3.
LOSS OF EARNINGS
4.
INJUNCTION
5.
STATUTORY NEGLIGENCE
6.
PRIVATE LIMITED COMPANY
7.
BALANCE OF PROBABILITIES
8.
QUASHING ORDER
Translate into Croatian.
1.
2.
3.
A contract is a legally binding agreement between two or
more parties which the courts will enforce. The essential
elements of contract are: offer, acceptance, consideration,
legal capacity and intention.
Limited company is an artificial person created under law
and empowered to achieve a specific purpose. It can own
property, enter into contracts, sue and be sued.
If an administrative act is not in accordance with the law
conferring the power to the administrative body, i.e. if the
body has overstepped its powers, or if it misconstrued the
law or failed to establish facts properly, it is considered to
be illegal.
Translate into Croatian.
1.
2.
3.
Ugovor je pravno obvezujući sporazum između dvije ili više
strana koji sud može ovršiti. Osnovni elementi ugovora su:
ponuda, prihvat ponude, činidba i protučinidba, poslovna
sposobnost i namjera.
Društvo s ograničenom odgovornošću je pravna osoba
stvorena na temelju zakona i ovlaštena da postigne
određenu svrhu. Može imati vlasništvo nad imovinom,
sklapati ugovor, tužiti druge osobe i biti tuženo.
Ako upravni akt nije u skladu sa zakonom koji ovlast
donošenja akta dodjeljuje upravnom tijelu, odnosno ako je
to upravno tijelo prekoračilo svoje ovlasti ili je pak pogrešno
protumačilo zakon ili nije ispravno utvrdilo činjenično
stanje, smatra se protuzakonitim.