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English for Lawyers 4

English for Lawyers 4. Lecturer: Miljen Matijašević e-mail: miljen.matijasevic @ gmail . com Session 9. Revision of the last session. Revision of the previous session. What is the role of the police? What do you know about 'stop and account'? When can the police search a person?

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English for Lawyers 4

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  1. English for Lawyers 4 Lecturer: Miljen Matijašević e-mail: miljen.matijasevic@gmail. com Session9

  2. Revision of the last session

  3. Revision of the previous session • What is the role of the police? • What do you know about 'stop and account'? • When can the police search a person? • What is a caution? • When is entry without a warrant permitted? • Can force be used during entry? • When can the police seize property? • When can an arrest be made without a warrant? • What rights does a suspect have upon arrest?

  4. Final revision

  5. Exercise 1 (10 points) Complete the definitions: • 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. • Printed defamatory statements are referred to as ..................... statements. • Original risk carried by an activity is referred to as the ..................... risk. • 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. • The tort of intentional provision of false information with the intention to deceive is known as ..................... misrepresentation. • 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.

  6. Exercise 1 (10 points) Complete the definitions: • 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. • Printed defamatory statements are referred to as LIBELLOUS statements. • Original risk carried by an activity is referred to as the NON-TORTIOUS risk. • 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. • The tort of intentional provision of false information with the intention to deceive is known as FRAUDULENT misrepresentation. • 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.

  7. Exercise 2 (18 points) Complete the sentences with appropriate words. The first letters are provided. • 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.

  8. Exercise 2 (18 points) Complete the sentences with appropriate words. The first letters are provided. • 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.

  9. Exercise 3 (12 points) Explain the following terms in English. • FRAUD • LEX FORI • LOSS OF EARNINGS • INJUNCTION • STATUTORY NEGLIGENCE • PUBLIC LIMITED COMPANY • DIVIDEND • QUASHING ORDER

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