Legal English Usage Research: /determin*/

1. Example 2: A legal-academic termSample 10-slide Student PowerPoint Presentation of a legal term selected for research in the Legal Vocabulary Database and Concordancerat April, 2006- This offers a more elaborate example of what students can produce [a max. of 10 slides is your target, so make each slide count!] Legal English Usage Research: /determin*/

2. Vocabulary item: determine Meaning: To decide or settle (a dispute, for example) conclusively and authoritatively. To end or decide, as by judicial action.   Different forms: Verb [transitive] : determine Past participle: determined Adjective & Present participle: determining Noun: determination

3. Verb: determine 1. Modal forms • Sb + can/could/will/would/may/must determine [+ whether + issue] [Ordinance…] • Sb + shall/may [not]determine E.g.s: who/what may determine what The court/judge + modal/infinitive + to/ + determine…. + [obj.] …e.g.: the standard + of care [poss. + to which D will be held] or the criteria by which sth is judged… or the circumstancesin which D did X

4. Verb: determine (word before) is important that one should determine the course of employment of ted to the court. In order to determine whether or not the defendants general principle, would determine whether the particular damage otherwise they could determine liability in murder on the basisinterim injunction could well determine the outcome of the entire pro Example: No doubt in particular cases it may be relevant to consider whether a particular plaintiff was or was not a trespasser. Similarly, when, as I shall indicate, it is important that one shoulddetermine the course of employment of the servant, the law of agency may have some marginal relevance. But basically, as I understand it, the employer is made vicariously liable for the tort of his employee not only…. From: law/VicariousLiability/76RosevPlenty.txt

5. Verb: determine 2. Adj. + Infinitive forms • Sth is+ (any adjective) + to determine… or • It is + (any adjective) + to determine + Sth E.g.s • It is + difficult/ impossible/ easy/ available/ reasonable/ necessary/ relevant + to determine sth. Collocations [word after] • …to determineliability/standard of care/the extent • …to determineresponsibility/ reasonableness • … to determine + whether or not + sth is + verb • …to determine whether + plaintiff/ defendant/ person + is… • to determinethe question/scope of duty….

6. Verb: (to) determine (Collocations: word after) The court had to determine the question of liability. it was necessary to determine, the extent, if any, of where it is impossible to determine the appropriate standard of to the court. In order to determine whether or not the was negligent, it is relevant to determine whether any reasonable Example: 'To determine whether an act is negligent, it is relevant todeterminewhether any reasonable person would foresee that the act would cause damage; if he would not, the act is not negligent ... Once the act is negligent, the fact that its exact operation was not foreseen is immaterial.’ From: Law/Cases/TypeofHarm/NervousShockCases/42Bourhill v Young.txt

7. Past participle: (to be) determined Collocations: The question/problem + to be + determined + is + whether or not + a noun (e.g. person/plaintiff/defendant) + is + verb. Example: 'The question to be determined is whether the defendant owed the plaintiff a duty to exercise reasonable care to avoid causing the plaintiff psychiatric injury.’ From: 94 McFarlane v EECaledonia.txt

8. Present participle: determining Collocations: • The standard/ test/ criterion + for + determining + liability/ negligence/ culpability/ compensation + is + sth… • It is + a/an essential/important/relevant + factor/element/ + in/for the purpose of + determining + whether or not + sth is + verb. Example: ‘Vasta J held that the claimant's psychiatric illness was reasonably foreseeable but that this was not the sole test for determining liability for negligence.’ from: Cases/TypeofHarm/NervousShockCases/00Greatorex v Greatorex.txt Present participle as Adjective • Sth + must/should/ be + the determining + factor/element + in + such circumstances.

9. Noun: determinationMeaning:The settling of a question or case by an authoritative decision or pronouncement, especially by a judicial body) • The question/issue(s) + (that) arise(s)/fordetermination • + by+ the noun (e.g. court/judge) • + is whether [see e.g. in next slide] • For the determinationof+ sth (e.g. the present appeal/liability/the issue/the appropriate standard of care)

10. Noun: determination he important point oflaw fordeterminationby the court in this case to upon in each of these cases fordeterminationby a trial judge. I turn to My Lords, the sole question fordetermination in this case is legal:… it would be dependent upon thedeterminationof facts. Thus had the foreseeability has any place in the determinationof liability for damageer than was necessary for the determinationof the particular issuesms than are necessary for the determinationof the present appeal. Example: “The question for determination in this appeal is whether an action for damages is an appropriate vehicle for investigating the efficiency of a police force. The present action will be confined to narrow albeit perplexing questions, for example whether, discounting hindsight, it should have been obvious to a senior police officer that Sutcliffe was a prime suspect …” Text from: Law/Cases/Duty-ProximityCases/88Hill v CCWestYorkshire.txt