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Angleška Pravna Terminologija - Skripta
Angleška Pravna Terminologija - Skripta
SOURCES OF LAW: constitution, law act, executive acts( regulations-uredba, rules, decrees,
orders, guidance..), judicial case law (precedent), customs, textbooks
traties = pogodbe; charter = listina; EU regulation = uredbe, EU directive = direktiva; EU Decision
= sklep
PAZI NA:
N advice / V advise nasvet/svetovati
N effect / V affect učinek /učinkovati
anonymous / unanimous anonimen / soglasen
N dependant / AD dependent vzdrževan (družinski član) / odvisen
advocate / to advocate odvetnik /zagovarjati
damage / damages škoda /odškodnina
council /counsel svet / svetovalec
criminal law, contract law, tort law (odškodninsko), land law (nepremičninsko), equity and trusts
(razmerja, ki temeljijo na enakosti in zaupanju), administrative law (upravno), constitutional law,
commercial law (trgovsko pravo)
+ family law, employment law, housing law(stanovanjsko), company law
sole practitioner-samostojni podjetnik (=works on his/her own, has no partners and usually handles
smaller cases).
litigation- sojenje na sodišču, civilno, procesno
arbitration-arbitraža (alternativno reševanje sporov)
law clinic- pravna klinika (= gives student an opportunity to deal with real clients and to develop their
legal skills; clinics offer free legal assistance (pravno svetovanje) to the local community and provide
a useful introduction to some of the day-to-day work of a lawyer.)
recruits-kandidati (za zaposlitev)
partnership- d.n.o. (=managed by partners who share profits and responsibility equally)
instant present
in essence basically
persuasive convincing
hesitant reluctant
mere simple
assist help
commence start
comprehend understand
deem think
desist stop
endeavour try
enquire ask
ensure make sure
evince show
inform tell
intimate suggest
peruse look through
posess have
receive get
retain keep
2. LEGAL SYSTEMS
Public law relates to the state. It is concerned with laws which govern processes (urejajo procese)
in local and national government and conflicts between the individual and the state in areas such as
immigration and social security (socialno varstvo).
Private lawconcerns (se nanaša, ureja) with relationships between legal persons (pravni subjekt),
that is, individuals and corporations, and includes family law, contract law and property law.
Criminal law deals with certain forms of conduct (ravnanje) for which the states reserves the
punisment(pridrži kaznovanje). The state prosecutes the offender(kršitelj).
Civil law concerns relationships between private persons, their rights and their duties. It is also
concerned with conduct which may give rise to a claim (sproži zahtevek) by legal person for
compensation (nadomestilo) or an injunction (an order made by the court sodna odredba).
distinguishes-razlikuje
distinction-razlika
Substantive law (materialno pravo) creates, defines or regulates rights, liabilities and duties in all
areas of law and it is contrasted with procedural law.
Procedural law (procesno pravo) defines the procedure by which a law is to be enforced.
Parliament has two chambers House of Lords (upper house) and House of Commons
There is no written constitution, but constitutional law consist of statute law, common law and
constitutional conventions.
jurisdiction-pristojnost/pravni red
jurisprudence-teorija prava
legislature-zakonodajalec
legislation-zakonodaja
power to legislate-sprejemati zakone
lex-zakon
legis-zakoni
under an Act- v skladu z zakonom
assembly-skuščina (drugi izraz za parlament)
accesion to-pristom ?????
incorporated into-implementirano
devolution-prijenos pristojnosti navzdol
trade union(s)- sindikati
accede accession /
LEGAL LATIN:
ad hoc- for this purpose
et alii (et. al.)- and others
et cetera (etc.)- and so on; and other things of the same kind
exempli gratia (e.g.)-for example
id est (i.e.)- that is
per se-by itself
sic-thus
versus-against
de facto-in fact
ipso facto- by that very fact itself
de jure-by right
inter alia-among other things
per annum-per year
pro forma-as a matter of form
pro rata-proportionally (sorazmerno)
pro bono-without charge
quorum-number of shareholders of directors who have to be present at a bord meeting so that it can be
validly conducted
sui juris-of one's own right
ultra vires-beyond the legal powers of a person or a body. (izraz pravne moči)
videlicet-as follows (poimensko)
bona fide- in good faith
affidavit-witnessed, signed statement
caveat-warning
in camera-hearing a case in private
in curia-in open court
in situ-in its original situation
per pro-on behalf of another
prima facie-at first sight
quasi-as if it were
sub judice-in the course of trial
to draft (=to produce a piece of writing or a plan that you intend to change later)
to issue izdati (=to produce something official)
to file (with) vložiti (=to officially record something, especially in a court of law)
to serve (on someone) vročiti (to deliver a legal document to someone, demanding that they go to a
court of law or that they obey an order)
submit predložiti (=to deliver a document formally for a decision to be made by others)
the judiciary-sodstvo (vsi sodniki v eni državi)
CRIMINAL LAW:
prosecutor-tožilec
claimant-tožnik
defendant-obdolženec
suspect-osumljenec
the accused-obtoženec
convict-obsojenec
CIVIL LAW:
plaintiff-tožnik
defendant-toženec
is the study of differences and similarities between different jurisdicstions, including civil-law
systems, common law systems and religious legal systems.
common law-legal system which is the foundation of the legal systems of most of the English-
speaking countries of the world, based on customs, usage and court decisions. + heavy reliance on
case law
civil law-legal system developed from Roman codified law, established by a state for its regulation +
area of the law concerned with non-criminal matters, rights and remedies.
5. SOURCES OF LAW
LEGISLATION
-primarly legislation: Acts of Parliament or statutes, which begin life as drafts called Bill.
-secondary or delegated legislation: statutory instruments(podzakonski akti) + bye-laws (občinski
akti) + professional regulations.
Parliament can enact any law it chooses or repeal obsolete laws which are no longer relevant, and
the courts must enforce it.
enact law-uzakoniti
repeal obsolete laws-razveljaviti zastarele zakone
initiate-začeti
proposals-predlogi
pressure groups-skupine za pritis;lobiji
public scrutiny-javna presoja
debate proposals-diskotiranje o predlogu
scrutinise-presojati/preučiti
eshrines-zajema
Parliamentary Counsel-pravna služba (v parlamentu)
Royal Assent-privolitev a Bill must receive royal assent from the monarch before it becomes law
on a specified date.
reduced-skrajšan
‘cite citation /
bind / binding
COMMON LAW
consists the substantive law and procedural rules that are created by the judicial decisions made in
the courts.
6. STATE ORGANISATION
LEGISLATIVE AUTHORITY
the National Assembly (državni zbor)
-the highest legislative authority in Slovenia, composed of 90 deputies (poslanci=MPs)
-tasks? legislative powers, electoral powers, control power
a) adopts the Constitution and constitutional amendments, laws, authentic interpretations of
law
b) adopts the state budget
c) ratifies treaties
d) calls referendums
JUDICIARY-sodna oblast
to plead zagovarjati
pleading ustni zagovor pred sodiščem
undertakelotiti se
drawing up contractssestavljanje pogodb
conveyancingprenos lastništva
right to audience pravica do zastopanja
tenants najemniki
laylaičen
conversion courseprehodni program
pleadingsprocesne vloge
chamberszbornice
acquisitionsprevzemi
vocation placement poklicno usposabljanje
gowntoga
SOLICITORS BARRISTERS
normally form partnerships with other must act as sole traders with unlimited
solicitors and work in offices with support staff. liability (neomejena odgovornost)
cannot appear in every court provide representation in the court, draft
can be employed directly by clients documents, give opinions
infringement procedure
violation of rights
kršitev!
breach of contract
JUDGES
finegloba
commit to imprisonment odredijo zapor
suspended sentencepogojna kazen
interim injunctionzačasna odredba!
respondenttoženec (nasprotna stranka)
grand or refuse odobri ali odkloni
appeal-pritožba
+Constitutional court.
TRIBUNALS razsodišča
supplemented bydopolniti
substantial numberpretežno število
essentially judicialv glavnem sodne
welfare statesocialna država
subject to judicial reviewpredmet sodne presoje
chairpersonpredsednik
lay representatives laična predstavnika
special expertise posebno strokovno znanje
hearing clerksreferenti
clerical staffreferenti (posebna vrsta teh uslužbencev)
hearing accommodation
claimantstožnik
respondentsnasprotni udeleženec
unfair dismissal odpoved brez utemeljenega razloga
*to broker a settlement izpodbijanje pravne domneve
public pursejavna sredstva
tax revenuedavčni prihodki
arbitration: is more formal and binding process where the dispute is resolved by the arbitrator
nominated by both parties.
the disputing parties refer it to one or more impartial referees (razsodniki) + the parties agree to be
bound by the referees decision.; often used to resolve commercial disputes; formal and binding
process
mediation: involves a type of structured meeting with the disputing parties and an independent
third party who works to help them reach an agreement between themselves.
*Med-Arb: the dispute is initially submitted to mediation but if mediated settlement cannot be
reached, then the matter is referred to arbitratin.
*Adjudication: most commonly used in construction disputes. A quick decision is made by
adjudicator and a time period is specified during which either party may give notice to refer the matter
to arbitration or litigation. The adjudicator's decision is binding upon the parties and must be
followed, unless and until a later decision is made by arbitrator or the court.
re'fer refferal / /
dispute duspite /
breach breach
intend intenT/intention
rely reliance
violate violation
reverse reversal
anticipate anticipation
to reach an agreement
to file (vložiti)
to deliver (izdati)
to decide on (odločiti o )
to settle (rešiti/poravnati)
settle settlement /
resolve resolution /
8. EU LAW
following the entry into force of the Treaty of Lisbon on 1 December 2009, the European
Union now has legal personality and has acquired the competences previously conferred on the
European Community.
is a unique economic and political union between 28 EU countries that together cover much of
the continent.
after Second Word War, in 1959 was created European Economic Community
what began as a purely economic union has evolved into an organization spanning policy
areas, from climate, environment and health to external relations and security, justice and
migration. A name change from the European Economic Community to the European Union in
1993 reflected this.
EU LEGAL SOURCES:
1.) Treaty of European Union and Treaty on the Functioning of the European Union
2.) Charter of the Fundamental Rights of the European Union
3.) International agreements
4.) General principles of Union law
5.) Secondary legislation
VALUES:
- human dignity
-freedom
-democracy Those values are an integral part
-equality of our European way of life.
-rule of law
-human rights
9. INTERNATIONAL LAW
SINONIMI:
converselyon the other hand
later subsequently
paramountvery important
compelforce
(regulation) unifyharmonise (directive)
applyuporabiti/zaprositi
enforceizvršiti
harmonise približati
modernise posodobiti
recognise priznati
*render narediti
adviseadvisory
bindbinding
customcustomary
enforceenforceable
governmentgovernmental
intellectintellectual
bytwo
interbetween
intrawithin
multimany
nonnot, other than
supraabove
interagencymedresorsko involving two or more agencies
non-alignedneutral
non-governmental without any participation of government
bilateral involving two groups/countries
multinationalinvolving several different countries
intrastate within the boundaries of state
AND BUT
in addition/furthermore/moreover however
notably (zlasti) on the other hand
therefore conversely (po drugi strani)
thus in contrast (za razliko)
hence (od tod/torej) nevertheless (ampak)
indeed (prav res) not with standing this, however (ne
glede na to pa..)
contract is formed when one party makes an offer that is accepted by the other party (konsenzualni
kontrakt)
contract is formed when the parties give each other (realni konktrakt), or a promise to give each
other, something of value (=considiration)
offer and acceptance must match each other in order for the contract to be binding.
counter-offer nasprotna ponudba =a new offer to the first party which may be accepted or rejected.
parties must agree on essential terms. (bistvene sestavine)
when one party breach the contract, other party may file a lawsuit and try to get a court to award
damages for the breach or specific performance, where the court orders the breaching party to
perform the contract.
FORMING A CONTRACT
2.ACCEPTANCE
unqualified agreement brezpogojno soglasje
qualified acceptance pogojni sprejem
offeror=person making an offer
offeree=the person receiving an offer
counter offernasprotna ponudba
reception rule sprejemno pravilo (contract formed when acceptance is received by the offeror)
acceptance ruleoddajno pravilo (contract formed when acceptance is send by the offeree)
agreement on essential terms, for example price and delivery must be certain (jasen) and not vague
(dvomljiv)
FORM OF CONTRACT
a binding contract must be: in the form required by law
between parties with the capacity to contract (poslovna
sposobnost)
agents or representativeszastopniki/predstavniki
with authority to act s pooblastilom
It should be:
enforcable in the event that one of the contract parties fails to perform the contract
It may be:
made in writing
made orally
implied from cunduct (konkludentna dejanja); naprotnoexpress
VOIDničnost
VOIDABLEizpodbojnost
UNENFORCEABLE neizvršljiva
renew renewal
draft draft
include inclusion
terminate termination
encrypt encryption
adopt adoption
negotiate negotiation
propose proposal
NASPROTJA:
enforceableunenforceable
impliedexpress
bindingnon-binding
validinvalid
= odškodninsko pravo
punitive damages-kaznovalna odškodnina
assault-napad
battery-fizični napad s hujšo telesno poškodbo
standard of proof-dokazni standard
conviction-obsodba
relief-zadoščanje
tortfeasors-povzročitelj delikta
TORT: a wrongful act that causes harm to another person for which the injured party may request
damages.
civil wrong that can be remedied by awarding damages (other remedies may also be available)
these civil wrongs result in harm to a person or property that forms the basis of a claim by the
injured party.
examples of torts: medical negligence (zdravniška malomarnost), negligent damage to private
property and negligent misstatements causing financial loss. (napačno prikazovanje)
specific torts: trespass, assault and negligence + fraudulent misrepresentations, interference in
contractual relations and unfair business practices.
intentional torts, negligence torts, strict liability torts (delikti, za katere obstaja objektivna
odgovornost)
The injured person may sue for both the injunction to stop the tortious conduct (deliktno ravnanje)
and for monetary damages(denarna odškodnina).
DAMAGES: compensatory damages : intended, as far as it possible, to put the victim in the
position he or she would have been in had the tort not occurred.
punitive damages: awarded to punish a wrongdoer.
Damages may also be awarded for: loss of earnings capacity (izguba zasluška), future expected losses
(bodoča pričakovana škoda), pain and suffering (telesne in duševne bolečine) and reasonable medical
expenses (razumni stroški zdravljenja).
ADJECTIVE-pridevnik NOUN-samostalnik
civil wrong
contractual relations
injured party
CASE NOTE: case, facts, procedural history, legal issue, ruling and reasoning.
The person who brings an action in a court of law is called the claimant/plaintiff.
The person against whom an action is brought in a court of law is known as the
defendant/respondent.
When a case is decided in favour of a certain party, the court finds for (found-odločilo) that
party.
To bring a case before a higher court so that it can review the decision of a lower court is to
appeal a case.
A court which hears appeals from lower courts is called court of appeal (s) or appellate
court.
when a court states that a judgement of a lower court is true, it confirms/affirms that
judgement.
when a court changes the judgement of a lower court to its opposite, it reverses that
judgement.
VERB NOUN
misrepresent misrepresentation
interfere interference
settle settlement
injure injury
sue suit
award award
rule Ruling
NOUN-samostalnik ADJECTIVE-pridevnik
negligence Negligant/ negligent?
liability liable
intention intentional
compensation compensatory
procedure procedural
reason reasonable
appeal Appellate*
SYNONYMS:
voluntary-optional
key-important (key witness-ključna priča)
vast-huge (vast majority-velika večina)
confidential-private
conventional-traditional
DEFAMATION: is the term used to describe the tort of making false statement of fact that injures
someone’s reputation. Two forms (in common law system):
- Libel: describes the publication of false and malicious statements or pictures that cause
injury to another person.
- Slander: describes the use of spoken words to harm someone’s reputation.
Access order- court order allowing a parent to see a child regularly, where the child is in the care of
someone else.
Circumstantial evidence- evidence which suggests that something has happened, but does not give
firm proof of it.
Conservation of property-taking care of property
Counterclaim- claim in a court by a defendant against the claimant who is bringing a claim against
him.
Custody rights- right of a parent to keep and bring up a child after a divorce.
Dilatory plea- plea by defendant, which has the effect of delaying the action.
Exequatur- the process for declaring a foreign judgment to be enforceable
Expert witness- expert who is a specialist in a subject and is asked to give his opinion on technical
matters.
Forum-court
Judgement by default- judgement without trial against a defendant who fails to respond to a claim
Litigant-a person engaged in a lawsuit.
Rectification- (popravek dokumenta)- making changes to a document or register to make it correct
Redress-(odškodnina)-compensation for injuries sustained; recovery or restitution for harm or injury;
damages or equitable relief.
Revocation-cancelling or annulment (e.g. of agreement, adoption, offer..)
Separate property-property owned by a husband and wife before their marriage (opposed to
“community property”)
Sham marriage-form of marriage arranged for the purpose of acquiring the nationality of the spouse
or for other reasons.
Cohabitation-people of opposite, or same sex, living together without being married or in a civil
relationship
Civil partnership-a state registered relationship between two people of the same sex.
Forced marriage- a marriage in which one spouse is compelled against their will to take part.
Get- a Jewish divorce
Marriage-a state registered relationship (which can take place in religious or other public places)
between man and a woman.
Bigamous marriages- one man and multiple wives in which each wife is unknown to the other. The
first wife to be married is involved in a legally recognised marriage. The second and subsequent
marriages are illegal and not recognised by the government.
Polygamous marriages- like bigamous relationships, except that all individuals involved are aware
of each other.
Divorce-a termination of marriage.
Transnational divorce – a divorce commenced in one country and concluded in another.
Marriage of convenience-a marriage concluded between a national of an EU Member State and a
third-country national with the sole aim of circumventing the rules on entry and residence of third-
country nationals.
Intestate (zakonito)-dying without leaving will, or leaving an invalid will, so that the property of the
estate passes by the laws of successon rather than by the direction of the deceased.
Testamentary (oporočno)- referring to a will
Executor(izvršitelj)/ Executrix -person who is named by the testator in the will to implement the
instruction in the will.
Legacy (zapuščina)/Bequest-giving of the property by the will
Heir-intestate taker of any type of property
Estate-the totality of the property which the deceased owned or had some interest in at the time of
death.
Codicil-a document which explains, alters, adds, or removes the contents of the will.
Attesting witness- person who has seen the testator sigh the will and who also sighs on the will.
Testate-dying having made a will
Specific bequest-the gift of an identifiable asset (sredstvo, premoženje) such as jewellery or furniture.
Legatee(volilojemnik)-beneficiary under the will.
Succession law (dedno pravo)-the law relating to wills and estates.
Testator/testatrix- person who makes the will
Pecuniary legacy-sum of money expressed as a gift in a will.
Will-a legal document expressing the intentions of a person for the distribution of ther assets after
death.
concerning-glede
insolvency proceedings-insolvenčni postopek
non-contentious litigation- nepravdni postopek
case manager-sodnik
claim form-tožbeni obrazec
default judgement (zamudna tožba)- judgment given in favour of the claimant
time extention-podaljšan čas
counterclaim- nasprotna tožba
offences-protipravno ravnanje
armed robbery-oborožen rop
arson-požig (a criminal act of deliberately setting fire to property)
assault- napad (verbalni) (= acting in such a way as to make someone believe he or she will be
hurt)
battery-fizični napad
burglary-vlom (=entering a building illegaly and stealing things)
domestic violence – družinsko nasilje
drug trafficking-preprodaja drog
drunk driving-voziti pijan/opit
embezzlement-poneverba (a person or entity misappropriates the assets entrusted to him
using illegaly or stealing money which you are looking after for someone else)
extortion-izsiljevanje (=getting money from people by using threads)
forgery-ponarejanje (=making an illegal copy of a banknote or document)
froud-goljufija (=getting property or money from people by making them believe untrue things)
homicide-uboj/umor
insider dealing-trgovanje z notranjimi informacijami
joyriding-vožnja z vkradenim avtomobilom (the action or practise of driving fast and dangerously
in a stolen car for enjoyment)
kidnapping-
larceny-tatvina (theft)
manslaughter-nenaklepen uboj (the crime of killing a human being w/o malice aforethought)
money laundering- pranje denarja
obstruction of justice-oviranje organov, pri opravljanju njihovega dela (the crime or act od wilfully
interfering with the process of justice and law especially by influencing, threatening, harming,
etc. a witness, juror..or turnioting false information.)
rape-posilstvo
shoplifting-kraja v trgovini
stalking-zalezovanje
tax evasion-utaja davkov (a wilfull and especially criminal attempt to evade the imposition or
payment of a tax)
theft-kraja (=stealing, taking property which belongs to someone else)
vandalism -vandalizem
white collar crimes- crimes that are typically committed by office employers
commit-a crime
resolve-a dispute
bring-a suit
render-a verdict
sentence-an offender
suspend-a sentence
treason (= betraying your country to a foreign power)
piracy (=copying patented inventions or copyrighted works)
blackmail (= getting money from people by threatening to publicise facts they do not want revealed)
assassination (=killing a public figure illegally and intentionally)
murder (=killing someone illegal and intentionally
bribery (= offering money corruptly to get someone to do something to help you)
robbery (=stealing something by using force or threatening to use force)
smuggling (=taking goods illegaly into or out of a country)
perjury (=telling lies when you have sworn an oath to say what is true in court)
espionage (=trying to find out secrets by illegal means)
libel (=writing, publishing or broadcasting a statement which damages someone’s character)
prosecution-pregon
crime-kaznivo dejanje
offender-kršitelj/storilec
A court may sentence the offender to:
execution-usmrtitev
corporal punishment- fizično kaznovanje
imprisonment-zapor/odvzem prostosti
incarceration (nasprotje release)- zapreti
to suspend the sentence- pogojna obsodba
impose a fine-naložiti plačilo globe
parole-pogojni izpust
probation-pogojna obsodba
community service order-družbeno koristno delo
most crimes are characterised by two elements: a criminal act and criminal intent.
to be charged-biti obtožen
apprehend-prijetje/aretacija
detain-pridržanje
custody-pripor
file on the case-spis primera
a realistic prospect of conviction- realistična možnost obsodbe
to go ahead with prosecution- nadaljevati s pregonom
caution-opomin/varščina
serving (to serve) -vročiti
a summon-sodni poziv (a formal order to attend the court.)
warrant of arrest-nalog za prijetje
public prosecutors-javni tožilci
duty solicitor-državni pravnik
legal aid-pravna pomoč
defence costs-stroški obrambe
CATEGORIES OF CRIMINAL OFFENCE:
summary offences-lažja k.d., ki se jim sodi brez porote
indictable offences-serious crimes (murder,..)
INDICTMENT-obtožnica (=formal document containing the alleged offences, supported by the
facts)
pleads guilty-priznati krivdo
a not guilty plea-ne prizna krivde
mode of trial-način sojenja
jury-porota
cartel: an association of manufactures or suppliers with the purpose of maintaining prices at hight
level and restricting competition. (or similar product)
mergel: the joining together of two or more companies. =koncentracija
monopoly: an organisation or group that has complete control of an area of business.
oligopoly: a market situation in which a small number of firms compete with each other.
monopsom: only one buyer on the market =edini kupec
VERB NOUN
form formation
register registration
incorporate incorporation
regulate regulation
enforce enforcement
Wind up Winding-up
dissolve dissolution
fund funding
VERB ABSTRACT NOUN
distribute distribution
merge merger
regulate regulation
submit submission
approve approval
consolidate consolidation
acquire acquisition
liquidate liquidation
cancel cancellation
alter alteration
ANTONYMS
compulsory – voluntary
asset - liability
hostile – friendly
oppose – approve
purchase – sale
consolidation – division
newly formed – pre-existing
dissolution – formation
to modity-spremeniti
renew-obnoviti
sign-podpisovati
terminate-preklicati
noun adjective
merchant merchantable
commerce commercial
negotiation Negotiable
finance Financial
bankruptcy benkrupt
terminate end
commence start
consent agree
redeem buy back
contravene go against
renounce give up
retain keep
renew renewal
draft draft
include inclusion
omit omission
terminate termination
encrypt encryption
adopt adoption
propose proposition
transact Transaction
citation cite
VERB NOUN
disclaim disclaimer
exclude exclusion
indemnity indemnification
tolerate tolerance
specify specification
retain retention
postpone postponement
VERB ADJECTIVE
suit sued
accept acceptable
imply implied
bind binding
ascertain Ascertainable