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Legal English
Legal English
LEGAL
ENGLISH
8 - 2023
LEGAL ENGLISH NGUYEN THI HUONG LAN
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B. The constitution
Read the paragraph B and complete the following sentences
1. The _______________ is the monarch, which is known as the Crown.
2. The _______________ caries the authority of the monarch.
3. The Westminster Parliament has two _______________: the House of Lords (the Upper
House) and the House of Commons (the Lower House).
4. The House of Lords and the House of Commons sit separately and are constituted on
_______________ principles.
5. The Commons is an _______________ of members.
6. The Upper House carries out _______________.
7. The majority of members in the House of Lords are _______________.
8. In the UK, there is no written _______________.
9. The constitutional law consists of _______________, _______________, and
_______________.
C. Jurisdiction
Read the paragraph C and complete the following sentences
1. Four countries in the United Kingdom include ____________, ____________, ____________,
and ____________.
2. Three distinct jurisdictions in the United Kingdom consist of ____________, ____________,
and ____________.
3. All three jurisdictions have the same ____________in the Westminster Parliament for the
making of new laws and a common ____________.
4. Each jurisdiction in the UK has its own____________, ____________, and ____________.
5. Wales and Northern Ireland each have their own ____________.
6. The Scottish Parliament has power to legislate on any subject except for defence or
____________.
7. The UK is also a ____________ of the European Convention of Human Rights.
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4. In the earlier draft form, A Bill may have been presented for ____________.
C. Passing an Act
Read the paragraph C and complete the following sentences
1. All Acts must be ____________ both Houses of Parliament in the draft form of a Bill.
2. The legislative process involves three ____________ in both Houses.
3. The title will be ____________ to Members of Parliament at the first reading.
4. The content of proposals will be ____________ by Members of Parliament at the second
reading.
5. The provisions will be ____________in the Bill by the standing committee.
6. The provisions will be amended to enshrine the ____________ debated and approved at the
second reading.
7. The Bill will be ____________ at the third reading.
8. The Bill then goes through ____________ in the upper house.
9. Parliament Counsel actually undertakes the drafting of the ____________
10. The Bill must receive the ____________ from the monarch before it becomes law on a
specified date.
11. Government Bills are introduced by the ____________.
12. Private Members Bills are proposed by ____________.
13. Public Acts govern the ____________.
14. Private Acts affect particular ____________ or ____________.
Find the meaning in Vietnamese for the following terms
1. Act (n) 10. to enshrine (v)
2. to summit (v) 11. to re-present (v)
3. legislative process (n) 12. to undertake (v)
4. reading (n) 13. to receive (v)
5. to debate (v) 14. Royal Assent (n)
6. proposal (n) 15. Government Bill (n)
7. standing committee (n) 16. Private Member Bill (n)
8. to scrutinize (v) 17. Public Act (n)
9. the provision (n) 18. Private Act (n)
Translate the following text into Vietnamese
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1. In the process of early development of a Bill, at first a Green Paper will be published to
attract the public response and comment. Then, a White Paper will be published with
more definite proposal to become a Bill after being presented for public scrutiny.
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2. Parliament can enact any law it chooses to update or amend existing legislation or
legislate for new circumstances and enforce government policies, or repeal obsolete lwas
which are no longer relevant, and the court must enforce it..
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3. Government Bills are introduced by the Government to form Public Acts which govern
general public while Private Members Bills that affect particular individuals or institutions
are proposed by MPS .
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4. After the second reading at the House of Commons, the standing committee will
scrutinize and amend the proposed provisions to ensure that they enshrine the principles
debated and approved. .
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5. There are two main predominant sources of law in the United Kingdom including primary
legislation known as Acts of Parliament or statutes and secondary legislations such as
statutory instruments, bye-laws, and professional regulations.
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7. The _________ and the _________ are the essential factors to the common law system in
the UK jurisdiction.
8. Practically, the decision of a higher court is binding _________ a lower court.
9. The higher court will also _________ decisions made in a lower court, but they are not
_________ them.
10. A judicial decision made by higher courts or equal status courts must be applied if it is
_________ (relevant or pertinent).
17. The subsequent cases may be cited judge’s other statement s of law which are not binding
precedents as _________.
Find the meaning in Vietnamese for the following terms
1. to practice (v) 13. counsel (n)
2. common law (n) 14. to cite cases (v)
3. judicial decision (n) 15. to distinguish the case (v)
4. to override (v) 16. the rule at law reasoned (np)
5. subject to 17. case law (n)
6. interpretation (n) 18. to set the precedent (v)
7. refinement (n) 19. to rely on (v)
8. the hierarchy of the courts 20. the case’s outcome (np)
9. the principle of binding precedent 21. statements of law (np)
10. to bind on (n) 22. persuasive authority (n)
11. to consider (v) 23. the ultimate authority
12. to the point (Pre phr) 24. the European Court of Human Rights
B. Law reports
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4. Judges in a case may take other statements of law. Whilst not constituting binding
precedents, these may be considered in subsequent cases and may be cited as persuasive
authority, if appropriate.
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5. The development and application of the common law system pivots upon the existence
of a comprehensive system of reporting cases. The Law Reports, published annually by
the Council of Law Reporting, are perhaps the most authoritative and frequently cited set
of reports, differing from other series of law reports .
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8. More complex civil cases are heard in the _________, which is divided into three divisions:
Family, Chancery and Queen’s Bench.
9. The High Court of Justice has both original and _________.
10. The case may goes on appeal from the High Court of Justice to the civil division of the
_________.
11. The Court of Appeal can _________ or _________ a decision of the lower courts.
12. Decisions of the Court of Appeal _________ all the lower civil court.
13. Civil cases may _________ from the High Court to the House of Lords, by passing the Court
of Appeal.
14. _________ must apply for leave to appeal.
15. Decisions of the _________ are binding on all other courts but not necessarily on itself.
16. The court of the House of Lords consists of twelve life peers appointed from _________ and
_________.
17. The _________ of law lords for an appeal hearing is normally three, but generally there is a
sitting of five judges.
18. A _________ is a full-time paid magistrate who has qualified as a lawyer.
19. A _________ is unpaid and is an established member of the local community.
20. A _________ is a geographical division for legal purposes; England and Wales are divided
into six.
21. A _________ is a part-time judge with ten years standing as a barrister or solicitor.
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B. Criminal courts
Read the paragraph B and complete the following sentences
1. About 95% of all criminal cases in England and Wales are tried in _________.
2. Petty crimes or less serious crimes are dealt with in _________.
3. The _________ deals with more serious crimes with more severe punishment, either by way
of a fine or imprisonment.
4. A _________ is a branch of the Magistrates’ Court.
5. _________are more serious crimes and reserved for trial in the Crown Court.
6. _________ prosecutes a person alleged to have committed a crime.
7. In England and Wales , a _________ of 12 people decides whether the defendant is guilty of
the crime she or he is charged with.
8. The _________ may hear cases in circuit areas.
9. Appeals against conviction or sentence go from the Crown Court to the _________ in the
Criminal Division.
10. In some cases, if leave to appeal is granted by the Court of Appeal, cases may go on appeal
to the _________.
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1. Both criminal and civil courts in England and Wales primarily hear evidence and aim to
determine what exactly happened in a case. Broadly speaking, the lower courts decide
matters of fact and the upper courts normally deal with points of law.
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2. Judges have different titles depending on their experience, training, and level. A single
stipendiary magistrate or three lay magistrates sit in the Magistrate’s Court. There is no
jury in a Magistrate’s Court.
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3. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or
injury they have suffered. Juries are now rare in civil actions, so normally the judge
considers both law and fact.
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4. The High Court of Justice has both original and appellate jurisdiction. The Court of Appeal
can reverse or uphold a decision of the lower court, but its decisions bind all the lower
civil court. Decisions of the House of Lords are binding on all other courts but not
necessarily on itself.
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5. About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts,
which deal with petty crimes. However, more serious crimes are heard in the Crown Court
for more severe punishment, either by way of a fine or imprisonment.
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A. Criminal justice
Read the paragraph A and complete the following sentences
1. The state _________ those charged with crimes.
2. The police _________ a crime and may _________ suspects and detain them in custody.
3. A file on the case is sent to the Crown Prosecution Service if the police decide an _________
should be prosecuted.
4. The Crown Prosecution Service must consider whether there is enough _________ for a
realistic prospect of conviction.
5. Criminal proceedings can be initiated either by the serving of a _________.
6. The summons is used to set out the offence and require the _________ to attend court.
7. In more serious cases, a _________ rather than a summons will be issued by a Magistrates’
Court.
8. Lawyers from the Crown Prosecution Service may act as _________.
9. The Criminal Defence Service provides _________, which funds the services of an independent
duty solicitor who represents the accused in the police station and in court.
10. At the end of a Crown Court case, the judge has the power to order the defendant to pay
some or all of the _________.
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2. There are three categories of criminal offence. Summary offences, tried without a jury,
are minor crimes only triable in the Magistrate’s Court. Indictable offences are serious
crime, such as murder, which can only be heard in the Crown Court.
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3. The English system of justice is adversarial, which means that each side collects and
presents their own evidence and attacks their opponent’s by cross-examination. In a
criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt
that the accused is guilty.
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4. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and
defence of material relevant to the case, for example details of any alibis – people who
can provide proof of the accused’s whereabouts at the time of the crime – or witnesses –
people who may have seen something relevant to the crime.
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UNIT 9: SOLICITORS
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A. Legal practitioners
Read the paragraph A and complete the following sentences
1. Lawyers in the United Kingdom jurisdictions generally practice as _________ in private firms.
2. _________ work in corporations, government departments, and advice agencies.
3. _________ can appear in every court.
4. Legal practitioners can do _________, draft legal documents and give written advice.
5. Solicitors, unlike barristers, cannot _________ in every court.
6. Solicitors _________ such as conveyancing, and drawing up contracts and wills.
7. Barristers spend more time in court and have a _________ in the higher court.
8. Unlike solicitors, barristers cannot usually be employed directly by clients but are _________
by solicitors.
9. Solicitors normally form _________ with other solicitors and work in offices with support staff.
10. The qualification and _________ of solicitors are regulated by the Law Society.
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A. Organization
Read the paragraph A and complete the following sentences
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1. Barristers can’t form _________ but must act as sole traders with unlimited liability.
2. Some barristers are in employed practice and may only _________ their employer.
3. Barrister’s main work is to provide _________ in the courts, where they are referred to as
counsel.
4. Barristers can draft documents associated with court _________.
5. Barristers can give _________, that is specialist legal advice.
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A. Tort
Read the paragraph A and complete the following sentences
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1. _________ is the breach of a duty of care which is owed to a claimant, who in consequence
suffers injury or a loss.
2. _________ is a direct and forcible injury.
3. _________ is a kind of publishing a statement about someone which lowers others’ reputation.
4. _________ is the action of preventing someone from the use and enjoyment of his land.
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4. At common law, damages are a remedy in the form of a monetary award to be paid to a
claimant as compensation for loss or injury. To warrant the award, the claimant must
show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss
must involve damage to property, or mental or physical injury.
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5. In criminal and civil law, strict liability is a standard of liability under which a person is
legally responsible for the consequences following from an activity even in the absence
of fault or criminal intention on the part of the defendant.
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A. Basic principles
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example telephone calls. Secondly, the postal acceptance rule, where there is a delay
between the communication being send and received, for example by post.
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A. Copyright
Read the paragraph A and complete the following sentences
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B. Patent
Read the paragraph B and complete the following sentences
1. A _________ is a territorial right given to the patent holder for a statutory period of years.
2. An invention must be _________ , capable of industrial application, non-obvious and
unpatentable subject matter.
3. The invention becomes a _________ vested in the inventor, which he/ she can transfer, by
assignment, to another.
4. Patent confers the _________ others from making, using or selling the invention.
5. The import into the UK of a product with a UK patent will be in contravention of the _________.
6. A patent _________ may fail or the grand of a patent can be revoked if the intention is contrary
to public policy or morality.
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2. The copyright owner has the exclusive rights, including the rights to make copies, to sell
copies to the public, or to give a public performance of the work. Th owner may license
the reproduction of the work.
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3. A patent is a territorial right given to the patent holder for a statutory period of years. It
must be applied for in each jurisdiction for which protection is required. A patent
application may fail or the grant of a patent can be revoked.
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4. An invention is patentable when it is novel, capable of industrial application, non-obvious,
and not an excluded thing. The invention becomes a property interest vested in the
inventor, which he or she can transfer by assignment, to another.
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5. Copyright cannot be registered. However, it is possible to use a copyright symbol follow
by the author’s name and date to indicate that it is intended that the work should have
copyright protection, but it is not necessary to do this.
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