THE LAW AROUND US

ENGLISH FOR THE LEGAL PROFESSION

Lower intermediate level

By Elaine Jones
CONTENTS.
UNIT TITLE STUDY CONTENTS
Descriptions of legal studies in different
UNIT 1 - BECOMING A LAWYER universities
Accounts from lawyer specialists: IP,
Real Estate, Private Client
The basic classifications of law:
UNIT 2 – THE CLASSIFICATIONS OF Substantive/ Procedural; Private/
LAW Public; Criminal/ Civil; Common/ Civil .
Short descriptions of 5 cases
UNIT 3 – COMPARING CIVIL LAW AND Explanation of the basic differences and
CRIMINAL LAW terminology between civil and criminal
law
UNIT 4 – A CRIMINAL CASE OR A CIVIL Descriptions of four different cases
CASE? with reading comprehension questions
UNIT 5 – REVIEW + WRITING A short quiz - The difference in legal
PRACTICE terminology between civil and criminal.
UNIT 6 – CRIMES, CRIMINALS AND The stories of two famous
CRIMINOLOGY assassinations: Kennedy and Lincoln.
UNIT 7 – GREAT LAWMEN V. BIG The lives of Giovanni Falcone and Al
CRIMINALS Capone.
Descriptions of different legal roles
UNIT 8 – THE LEGAL PROFESSION around the world
Differences between roles of a solicitor
and barrister
A description of the roles of lay
UNIT 9 – THE UNPAID LAWKEEPERS magistrates and jurors
A day in the life of a Lay Magistrate
Descriptions of crimes
UNIT 10 – REVIEW + A short quiz – Legal professions
Offences and sentences
WRITING PRACTICE
LANGUAGE WORK
Present tense structures, question forms.
Verbs describing university study and
professions: involve, deal in etc.
Collocations: legal skills and daily activities
Expressions connected to specific legal work
Essential legal vocabulary: to sue etc.
Word building : nouns, verbs,
adjectives.
Verbs and their opposites: deny, admit,
defend, accuse..
Common expressions: award damages,
find guilty …..
Basic vocabulary for civil or criminal
law: liable, guilty etc.
Expressions of contrast or comparison
Past tense - regular and irregular verbs.
Negative and question forms
Word building, collocations, gap-filling.
Past tenses: interrogative and negative
forms.
Emails to a colleague about simple
cases using more professional, legal
terms.
Vocabulary of various crimes
Word-building
Vocabulary around an assassination
Past tense questions and answers
Vocabulary of past lives
Correcting information about the past
using negative forms.
Time expressions in the past.
Information exchange exercise
Terminology of different legal
professions
Relative pronouns: who,which, that
Comparing using while/whereas
Correcting information in the text.
Present tense practice.
Verb form exercises
Matching verbs and their synonyms
Matching expressions and definitions
Word building,
‘Who, which or where’ exercise
Writing a part of a report using
information given in a dialogue
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UNIT 11 – INSIDE THE COURTROOM
UNIT 12 – LAWCOURTS – PAST AND
PRESENT
UNIT 13 – OBLIGATIONS AND
CONCESSIONS
UNIT 14 – PROCEDURAL LAWS
UNIT 15 – REVIEW +
WRITING PRACTICE
UNIT 16 – A FAMOUS LAWYER AND
HIS FAMOUS CASE
UNIT 17 – COMMON LAW V. ROMAN
CIVIL LAW.
UNIT 18 – COMPARING JUDICIAL
SYSTEMS AROUND THE WORLD
UNIT 19 – JUDGE-MADE LAWS
Positions and roles of people in the
courtroom
A day in the life of a Recorder, or High
Court judge
Courtroom scenes showing the various
activities during a trial
The Greek law givers – Draco and Solon
Import and export regulations in
Estonia.
Some procedural laws in the US.
Public and Procedural laws in Ancient
Greece
A short quiz- In the courtroom
Driving regulations in European
countries
Darrow and the case of Ossian Sweet
Differences between Common Law and
Roman Civil Law
Comparing international judicial
systems – the various roles and
responsibilities of prosecuting,
investigating, judging and sentencing
Misleading publicity
The Carlill v. Carbolic Smoke
Ball Company – a case of judicial
precedence
Vocabulary of the people and actions in
a courtroom.
Matching parts of sentences to make
common legal expressions
Matching words and definitions
Use of present continuous to describe
scenes
Position of time clauses in sentences
Word-building: prefixes/suffixes
Connectors: otherwise, except for etc.
Modal verbs of obligation: must, have
to, should
Formal expressions of obligation: are
prohibited, etc.
Transforming obligations from informal
to formal
May and might
Sententterbs of permission and
obligation: restrict, impose, allow
Matching verb + noun phrase
Modal verb exercises
Word building
Writing rules and regulations (
informal to formal)
The passive form – present, past, with
modals..
Learning past participles
Difference between active and passive
forms
Expressions of contrast
Building up words from a root word
and putting them in sentences
Pairs of opposite adjectives
Making comparisons. –er, more than
Describing your own judicial system
Present perfect with ‘ever’ for open
experiences
Difference between past and present
perfect
3

UNIT 20 – REVIEW +
WRITING PRACTICE
UNIT 21 – PUNISHMENT OR
REFORMATION?
UNIT 22 – DEVELOPING A LEGAL
CAREER
UNIT 23 – DEFENDING YOUR RIGHTS
UNIT 24 – IN NEED OF A LAWYER
UNIT 25 – REVIEW +
WRITING PRACTICE
A short quiz – different jurisdictions
Choosing a lawyer
Types of sentences
Reasons for sentencing
Report and statistics on Re-offending
Description of a young lawyer’s legal
career
Description of tort law, in particular
negligence.
Descriptions of example cases.
Possible steps to take before issuing a
claim.
Description of a case of tort law of
negligence with discussion points
A short quiz – Tort law
The lives and careers of three
successful judges
Passive to active
Present perfect
More formal writing using legal terms
and passive
Comparative and superlative forms
Use of present perfect for activities
connected to the present
Use of for and since
Past and present perfect
Describing your own education and
scholastic career
Vocabulary connected to tort: injury,
breach etc. Word building
Converting from present to past to
write the summary of a case.
Answering and writing questions
Collocations with ‘claim’
Difference between would, could and
should.
Writing a letter for a client
Past, present perfect, active and passive
Comparing three successful careers
Completing and writing a series of
letters
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UNIT 1 BECOMING A LAWYER

If you study in a university, you are graduating. You study a specific subject and when you finish you have a
degree. If it is your first degree, or bachelor’s degree, you are an undergraduate, if it is a Master’s degree, you
are on a postgraduate course.
Read below what four law students in different European universities write about their courses:
EDWIN VAN DER HAAN WRITES
I am studying in the Faculty of Law at the Maastricht University. I am on the international under-graduate
course and we study in English and Dutch. I want to be a judge in the European courts in the future and this
course gives me the chance to participate in many international networks of faculties and research schools.
Our courses cover Forensics, Criminology and Administration of Justice which are really interesting. A lot
of our study involves research work, sometimes together in a group. I like this in particular. I enjoy working
and meeting students from different countries.

MARK SVENSON WRITES:

I am on the Erasmus Mundus Masters course because I want to specialise in European Commercial Law.
The European Master in Law and Economics (EMLE) is a joint programme of eight different universities
The programme lasts one academic year. There are courses in Bologna, Hamburg and Rotterdam, but I am
studying in Bologna as my mother is Italian and I know Italy very well. My course deals with international
laws and the laws which regulate commerce between different nations. I would like to specialise in this
field because I find it very exciting. Globalisation and the European Union are bringing big changes and
many things are new.
MARGARET DAVIES WRITES:
I am studying in the Mary School of Law in London. I am in my first year and it is very hard, but
interesting. Most of the courses are compulsory and we have lessons every day. In this year the subjects
include criminal law, constitutional law, administrative law and EU law. In the second year we can choose
optional subjects, such as family law and commercial law. I think I want to study family law because it
deals with problems connected to children and the family and I would like to apply my knowledge of the
law to helping people, especially children.
STEFANO VARGIU WRITES
I already have a law degree from my home town university in Cagliari and now I am studying for a Master’s
degree to specialise in Criminology in the Law School in Nottingham. One reason why I like this university
is because the classes are small, sometimes only 15 students in a class, and so it is easy to discuss your
research projects with the university teachers. It is also good to learn about a different culture and improve
my English language. When I have finished I would like to become a state attorney or prosecutor so that I
can apply my knowledge of Criminal law.

Activity 1. Answer the questions. Write complete sentences

1. Who studies in a British university? ________________________________

2. Who studies in two languages? _______________________________

3. Who already has a law degree? ________________________________

4. Who wants to be a specialised lawyer? _____________________________________

5. What does Edwin’s course include? ____________________________________________

6. What does Mark’s course deal with? __________________________________________

7. What subjects does Margaret study this year? _____________________________________

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 8. What does Stefano want to specialise in? ________________________________________

9. How long does Mark’s course last? _____________________________________________

10. What optional subjects can Margaret choose? __________________________________

11. Why does Stefano want to become a state attorney, or prosecutor? _______________________________
_________________________________________

12. Does Edwin do research work? ________________________________________________

13. Does Mark want to study in Rotterdam or Bologna? _______________________________

GRAMMAR REVIEW
ASKING QUESTIONS.
Look at the examples:
1. Who studies Dutch and English?
Question word + Verb + Object
To ask for the subject of the sentence
2. What does Mark study?
Question word + Auxiliary verb + Subject + Verb
To ask for the object of the sentence
3. Does Mark’s course last for three years?
Auxiliary verb + Subject + verb ……..
When there is no question word.

Activity 2. Put these words in the right order to form correct questions.

1. where /Stefano /come /does /from?

2. does /why /Stefano /Nottingham university /like?

3. family law/ does/ deal with /what?

4. who /a judge /to be /wants?

5. does / have /Margaret /a law degree?

6. Italy / does /know /Mark?

7. like /does /Edwin /what / in particular?

8. Margaret / what /want /does /to do / in the future?

Activity 3. Put these words in the correct order to form questions.

1. how often/ come/ you/ do/ to the university?

2. lessons / every day/ you/ do /have?

3. like studying / what subjects/ you /do?

4. you/ to specialise / want / / do/ in the future / in a particular field of law?

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 5. do/ want /you / to be / a lawyer or a judge?

6. want /you/ to do/ a master’s course /do?

7. like/ would/ you /to study/ in the future /in another country /?

Now ask the questions to another student in your class.

Write about him/her. Remember to put third person singular –s on the verb, e.g.
Mario comes to the university four times a week. He likes studying constitutional law. _________________
_______________________________________________________________________________________
_______________________________________________________________________________________
______________________________________________________________________
SPECIALISING.
The law students on page 1 mentioned some legal specialisations. What are they?
Activity 4. What kind of legal specialisations can you think of? What does their specific field involve?
Think of one specialisation and finish the sentences below, e.g.
A lawyer can specialise in Criminology
His clients are people accused of crimes
His work involves dealing with crimes, such as stealing
He must go to law courts, visit prisons, defend clients.

With another student think of another specialisation and finish the sentences:
A lawyer can specialise in …………………………………………….
His clients are ………………………………………………………….
His work involves ……………………………………………………………………………………
He must ………………………………………………………………………………..……………..

Activity 5. What skills, or abilities, do all legal professionals need? What must they know how to do? With
another student, make a list, e.g. to be able to speak in a lawcourt.

The passages below describe the different legal activities, and the skills, or abilities, in three different
specialisations: Intellectual Property Law; Real Estate or Property Law; and Private Client Law.
Activity 6. Before you read, look at the expressions in the box. Which of the three specialisations do
you associate them with? Put them into the headings above:

building site – buying and selling -commercial secrets - copyright and trademarks - exclusive
rights - financial transactions - inheritance tax – leasing- logos – litigation - patents - personal tax
- property transactions – wills

Read and check if you are right.

Do they mention the skills you have in your list?
What other skills or abilities are mentioned?

IP LAW.
Intellectual property (IP) refers to creations of the mind, such as inventions; original works; symbols and images.
Legal rights protect the use of these works. These rights are called patents, copyright and trademarks. A patent is an
exclusive right for the use of an ­invention. If you have one of these rights, you have legal control over the use of your
invention or creative work. Copyrights protect certain original works, such as literature, art, music and film. Trademark
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law protects the logos that a business uses on its products. IP also includes other rights, such as plant varieties,
database rights and commercial secrets. Your clients can include celebrities and creative artists or multinational
pharmaceutical companies.
In this specialisation you must offer a lot of legal services and sometimes travel abroad if you work for multinational
companies.
This is a very specialised area and when you start you have a lot to learn because it is different from other fields of law.
You must know how to do legal research and correspond with clients. You must also know how to make commercial
agreements and go to the law courts. It is important to pay attention to detail.
Brooke Whitaker, associate, and Michelle Watson, trainee, Bird & Bird
REAL ESTATE LAW

Real estate basically means property law. Property is not just houses and buildings. Property is an integral part of our
lives. People are always buying or selling, leasing or developing property, such as residences and shopping centres,
around us, and that is what the lawyers help to do. Clients and transactions are always different so a property lawyer’s
job is never boring. No day is the same. Here is an idea of a day’s activities: In the morning you draft a lease of a ­
shopping centre, then you visit a building site. In the afternoon you prepare for a sale of some offices. The transactions
often involve drafting and negotiating with the other side, but you also have the opportunity to visit the buildings and
have a lot of face-to-face contact with your client. Generally in property transactions, all parties want the same result,
so it is a satisfying sector to work in. There is team spirit among a group of property lawyers, everyone has a part in the
development of the business.
A property lawyer must be organised and sometimes work long hours. He can be responsible for different clients at the
same time so it is crucial to be in control of the work. It is also important to be precise when you draft documents. The
property industry is sociable so a sociable person who is interested in the development of his client’s property is the right
person for this specialisation .
Friday Biddle, associate, Berwin Leighton Paisner
PRIVATE CLIENT LAW

A lawyer for private clients advises ­individuals and families. The work covers many different aspects of the law
but basically involves giving advice on property, for example, wills or real estate; personal tax (in particular
capital gains and inheritance tax), and other financial systems. A typical day can involve a telephone call
to another lawyer about documents for a financial transaction; preparing a will for a client; or doing some
research for a client. No two days are ever the same. Confidentiality is vitally important for a private client
lawyer because a client’s affairs are strictly private. Possibly your client is a multinational company, but you
cannot tell your friends about it.
You must take care of detail and know how to draft documents. Private client lawyers work with a number of different
people, so you must have good communication skills and understand people well. In other words, it is very important to
be able to write and communicate well. Private Client lawyers write letters, agreements and litigation documents. It is
also important to learn how to negotiate because often parties settle legal claims through negotiation or mediation.
Charlie Tee, assistant solicitor, Withers ( adapted from www.legalcareers.about.com)
Activity 7. Collocations. Match a verb on the left with a noun or noun phrase on the right to form
expressions in the passages that describe activities or skills. Add them to your list from Activity 5.
to settle commercial agreements
to make legal claims
to do advice
to give documents
to draft good communication skills
to have legal research
Are these skills common to the three specialisations or only of a particular one?

8
Activity 8. After reading the passages, do you understand the meaning of the words below? Match the
words with their definitions:
Field recommendation, suggestion
Agreement topic, subject, matter
Litigation a document indicating the passage of property when a person dies
Skill to declare the right to have something
Rights to hire, to rent for a temporary period.
Issue legal privileges
To claim sector
Advice accord, pact
To lease ability, capacity
A will legal action, disaccord between two parties

Activity 9. Choose the correct verb. Remember the correct collocations in activity 7 and the correct
grammar.

1. A Real Estate lawyer makes/ doesn’t give/ gives advice to his clients about his property.

2. In some specialisations the lawyer negotiates / do negotiates / negotiate with clients.

3. All lawyers settle/ doesn’t settle/ do claims between parties.

4. A lawyer often do/ has / does legal research in his job.

5. It is important for a lawyer to know how to make/ draft/ drafts legal documents well.

6. An IP lawyer makes/ does/ gives commercial agreements for his clients.

Activity 10. Now write a paragraph about you.

What subjects do you study? How often do you come to the university? Which subjects do you like in
particular? What do you want to do in the future?
Are you interested in one of the specialisations described above or a different one? Which skills do you think
you will need? Which can you do now, and which must you learn how to do for the future?

__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________

9
UNIT 2. THE CLASSIFICATIONS OF LAW.
Activity 1. What types, or classifications of law can you think of? Discuss and name as many as you can.

In the text below there are four expressions which mean ‘ to start a legal court case against a person’:
- to take a person to court - to sue someone
- to bring someone to justice - to file a lawsuit
What similar expressions are there in your language?

Now read the text below. Are there the classifications you named before?

THE CLASSIFICATIONS OF LAW.

The law is a vast subject with many different aspects and there are many different classifications or types.
Fundamentally we can use FOUR main divisions.
1. The first division is between SUBSTANTIVE LAW and PROCEDURES OF LAW.
SUBSTANTIVE LAW is the law that says what you can and you cannot do. It is the ‘substance’ or the rules
and regulations that make the laws.
PROCEDURES OF LAW or Procedural Laws tell you what you must do when you decide to take a person
to court, or to file a lawsuit.

2. The second division is between PUBLIC LAW and PRIVATE LAW.

PUBLIC LAW means that the government is involved. Public law involves the constitution and the public.
Public law is the law involved between individuals and the state. Constitutional law, administrative laws and
criminal law are sub-divisions of public law.
PRIVATE LAW involves individuals. It involves one private entity who sues, or takes to court, another
private party in a civil lawsuit. Private law involves cases between individuals, such as the law of contracts,
or torts, called the law of obligations in civil legal systems.

3. The third division is between CRIMINAL LAW and CIVIL LAW.

CRIMINAL LAW, sometimes called penal law, refers to the crimes and their punishment. Criminal acts are
considered offences against the community. Criminal cases are where there is the state, or the prosecution,
against the accused person. The state is responsible for preventing crime, for protecting the public. It must
bring criminals to justice, and deal with criminal offenders.
CIVIL LAW is where one or both parties want compensation. Civil law is all law that is not criminal law,
for example, property law, and contract law, which is the law of personal agreements.

4. The fourth division is between COMMON LAW and CIVIL LAW.

COMMON LAW takes abstract rules from specific cases. It is based on the concept of ‘stare decisis’ where
judges make decisions and these decisions create abstract rules for other cases. It is the system primarily
used in Anglo-Saxon cultures.
CIVIL LAW starts with abstract rules which judges must apply to the cases before them. It is the system
based on Roman law. Fundamentally, Civil law is based on Roman law and Canon law.

10
Activity 2. In which classification of law can we put the following?

1. A law case about a contract between a worker and a company ……………………………..

2. A law case between a criminal and the state ………………………………………………..

3. The legal regulations when taking a person to court ………………………………..………

4. The legal system used in Britain, Australia and parts of North America……………..……..

5. An administrative law or regulatory law………………….…………………………………

6. The legal system used in Italy, France and other parts of Europe …………….……………..

7. The laws to decide how parliament can make laws …………………………………………

Activity 3. LEARNING VOCABULARY

Word building. Complete the table below. Most of the words you need are in the text.

VERB ADJECTIVE NOUN

classify ……….
divide
.............. substance
proceed
accusation
legalise legal
government
……………… suit ( lawsuit)
administrate
…………. crime / a criminal
compensate ………………
punish ………………
prevention
justify just
prosecute
………………. application
agree ………………

Activity 4. Do you need a verb, adjective or noun to fill the gaps in these sentences? Use the words in
the completed table above. Remember to put the verbs in their right form.
The laws which g___________ our every day lives and say what we can and cannot do are called
a____________________ laws, while the laws which control the steps we take when we want to file a
l______________ are procedural laws.
In criminal law, the case is between the p_________________ and a criminal and the state decides on a just
p________________________. In fact the state must try to p_____________ crime. In civil law the case is
between two individuals who cannot a______________.
In civil or Roman law the judge a____________ the abstract rule to the case, while in common law the
judge makes decisions on cases which then become l__________ norms for other cases.

NOTICE: We can use ‘while’ to join information when we compare.

11
Read the brief descriptions of these four cases.
Which classifications of law do they involve? Think of the following:
Procedural law – private law – public law – criminal law – civil law – constitutional law – administrative
law – real estate law – intellectual property law – family law

Activity 5. Put the words in the boxes into the gaps and write which classifications of law they involve.

1.
case court problems remove violence
Summary: The _______concerns Mr. and Mrs. Stevenson. They have two children but there are family
_____________The children often see scenes of domestic _____________involving their parents. For this
reason their aunt and uncle want to ____________the children from the custody of their parents. Mr. and
Mrs. Stevenson do not accept this and want to take the case to ____________

Type(s) of law: _____________________________________

2.
case gun justice number suspect
Summary: The police stop and bring Mr. Defoe to____________, in other words, they convict him,
because he has a____________, a weapon in his car. They also ___________he is involved in a criminal
case because his car ___________plate is the same as a car used in a criminal __________ two days before.

Type(s) of law: _____________________________________

3.
commercial damage producer stop system
Summary: This case concerns a ________________of an air brake system called Breams, and another
producer, Mr. Collins. The Breams company wants to ___________ Mr. Collins from using their system and
selling it to others. They say he is taking their _______________secrets. But the courts decide that there is
no _______________to Breams and that they cannot stop Mr. Collins from using their______________.

Type(s) of law: _____________________________________

4.
claim deals properties sue
Summary: The case ____________with the contamination of the _____________of five families by a metal
factory nearby. They want to _____________ the factory for damages. They also ___________ they have
the right to take the case to a state court.

Type(s) of law: _____________________________________

5.
file keep live lives litigation
Summary: This is a _______________case between a divorced couple. Ms. Harbuton is recently divorced
and now lives in Canada. Her husband _________in Mexico with her young son. She wants her son
to________ with her because, as his mother, she says she has this right . Her husband wants to _______the
boy. Mrs. Harbuton intends to ___________a lawsuit against her husband.

Type(s) of law: _____________________________________

(cases taken and adapted from findlaw.com)

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UNIT 3 COMPARING CIVIL LAW AND CRIMINAL LAW.

Activity 1. Can you put these words into pairs of opposites?

accuse – acquit - admit - against - arrest - award - complain - convict - defend - deny - for - to free -
guilty - innocent - lose – pay - praise - punish – receive - win
Now use them to finish these sentences. Remember to change the form of the verb where necessary.
He says he hasn’t got the money. He ____________ taking the money.

1. They don’t like the hotel. They think it’s very small . They are __________________ about the hotel.

2. He says that he is guilty. He ______________ that he is guilty.

3. The football match is Liverpool _____________ Chelsea.

4. They think that Liverpool is the best team and that they can _________ the football cup.

5. They say that Chelsea is ____________________ the home match: 1-2.

6. After the criminal is __________________, he must go to court.

7. If he is proved not guilty, he is ______________ and he can go ___________

8. If he is proved guilty, the state must ________________ him.

9. If you win a case, the court will ______________ damages

10. If you lose a case, the court will ask you to _________damages.

11. A national army ___________________ its nation.

Activity 2. Below is a text about the differences between Criminal, or Penal law and Civil law. Before
you read, discuss the questions below with another student and write answers. You can use the
expressions in the box.
award/ pay damages file a lawsuit find a person guilty put in prison pay a fine
prove a person guilty/innocent win / lose a case sue a person
In your country, if you want to complain and claim your legal rights, what do you do? __________________
___________________________________________________________

1. In your country, what are the names of the two parties in a civil lawsuit? __________________________
___________________________________________________

2. Are the names different in criminal law? ___________________________________________________

__________________________

3. How does the state punish criminals? ______________________________________________________

________________________

4. If you win a case in civil law, what happens? ________________________________________________

______________________________

5. If you lose a case in civil law, what happens? ________________________________________________

______________________________

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Activity 3. Read the text about the differences between Criminal, or Penal law and Civil law in
common law.
Criminal law and civil law are two separate entities with two separate sets of laws and punishments.
In both cases there are two sides called parties with one party against the other.
In a civil law case a private party - for example, a single individual or a company - files a lawsuit against the
other party. The person who starts the case is called the plaintiff or claimant. The other party is called the
defendant. In a criminal law case it is the government, called the prosecution, against the criminal, called
the defendant or the accused.
There are two types of crimes. Misdemeanours, or summary offences, have a maximum sentence of one
year or less and felonies, or criminal offences, have a minimum sentence of one year to a maximum of a
life time.
One very important difference between criminal law and civil law is the punishment. In criminal law a
person is found guilty or not guilty and can be punished by incarceration in a prison or with a fine, or in
some countries and on very rare occasions through the death penalty. If he is not guilty, he is acquitted.
In civil cases, the defendant is found liable or not liable. This means he is considered responsible or not
responsible. If he is found liable, he must pay damages or follow orders. The judge can give the defendant
an order for specific performance, in other words, the judge tells the defendant what he must do to
rectify.
In civil law a guilty person is never put in prison. A guilty party is usually called the losing party and they
must reimburse the plaintiff with the quantity of money decided by the judge. This is called punitive
damages.
In law, criminal litigation is considered a very serious process and so criminal defendants have more
rights and protections than civil defendants.
In criminal law the state must prove that the criminal, or defendant, is guilty. The prosecution must prove
that the defendant is guilty beyond reasonable doubt. That means the court must not have doubts that
the person is guilty.This is a very high level of proof and it is necessary because the criminal can have a
long prison sentence.
In civil law the proof is based on the balance of probabilities.. The defendant must show that the plaintiff’s
evidence is false or incorrect. The judge must decide who is probably right. If the judge believes there was
more than a 50% probability that the defendant was negligent then the plaintiff wins. In criminal law the
court needs 99% proof to condemn the accused person.
Criminal law and civil law are very different but each is a system used to correct a wrong action through a
fair judgement.
Activity 4. Complete this table:
CIVIL CASES CRIMINAL CASES
To maintain the rights of
Reason for the law To maintain law and order
individuals
Person who starts the case A private person or entity The ……………
Legal name Plaintiff or ------------------ prosecutor
Level of proof needed Balance ………………… Beyond …………………..
decision Liable or …………………. ……………………………..
Prison s……………………… or a
Award of damages or
……………….
Power of the court p……………………………

S……………………………..

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Activity 5. Read these statements. Are they true or false?

1. In civil law the person who complains about another and starts a lawsuit is called the defendant.

2. In criminal law there are two parties.

3. In civil law the person who loses is guilty.

4. In criminal law the person is acquitted or convicted.

5. In civil law, one person pays damages to the court.

6. In common law, in criminal cases the court must have no doubts that the person is guilty.
Activity 6. Expressions for comparing.

Look at these sentences comparing the two types of cases.

• In a criminal case the person who starts the case is called the prosecutor, but in a civil case he is
called the claimant or plaintiff.

• In a criminal case, the defendant must be proved guilty ‘beyond reasonable doubt’ while/whereas in
a civil case the proof is ‘on the balance of probabilities.’

• The standard of proof for criminal cases is different from the level of proof for civil cases.

Now write two more sentences using the expressions in bold above and with the information in
the table:
In a civil case the reason for the law is...:_______________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

Activity 6. Read the brief descriptions of the cases in unit 2 again and answer the questions about
them:
1. In the first case, are Mr. and Mrs. Stevenson defendants or plaintiffs? ___________________
2. Is there a prosecutor involved? _______________________________
3. In the second case, is there a prosecutor? _____________________
4. What is Mr. Defoe’s legal position ? __________________________
5. Must Mr. Defoe be proved guilty or liable? ________________________
6. In the third case, who is the defendant? ________________________
7. Is Mr. Collins guilty, liable or not liable? ________________________
8. In the fourth case, who are the claimants or plaintiffs? ___________________
9. What standard of proof is necessary in this case? ___________________________
10. In the fifth case,who is the defendant and who is the claimant? _________________________

15
UNIT 4 A CRIMINAL CASE OR A CIVIL CASE?

Activity 1. Read the case: Healey v. Williams Jewellers

When Katrina Healey was twelve years old, she decided that she wanted to have her ears pierced. She
needed her parents’ consent because she was under eighteen, but her parents didn’t want to give her their
consent so she asked a friend who was over the age of eighteen to sign the form in a jeweller’s shop in
Barnsley. Unfortunately, the piercing went wrong and her ear swelled. As a result, she had three hospital
operations which disfigured her ear. Her parents decided to sue the jewellers for damages. The case went to
the Barnsley County Court and, after a trial of three years, a judge awarded Katrina the sum of £13,900 for
damages.

Does this case refer to criminal law or civil law? ____________________________________

The case is in the past, so the verbs are in the past tense.
What are the infinitives of these verbs from the text:

INFINITIVE PAST

was / were
wanted
had
went
awarded

GRAMMAR REVIEW
PAST TENSE
FOR FINISHED ACTIONS IN A PAST TIME:
Last week 10 minutes ago yesterday last Wednesday
Examples:
Last Wednesday we studied common law.
Yesterday the professor finished the lesson early.
Last week the professor taught us some new rules.
NOTICE: Verbs that end in –dy change to -ied
Some verbs are irregular – teach = taught

NEGATIVE FORM: On Wednesday we did NOT (didn’t) study international law.

NOTICE: SUBJECT + VERB1 + NOT + VERB2

PAST TENSE QUESTIONS

What did you study at high school?
Did you study international law at high school?
Did the professor give you photocopies yesterday?
Did the students learn last lesson?
NOTICE. Question word + Verb1 + subject + verb2 + object….?
Or : Verb1 + subject + verb2 + object….?

16
Activity 2: Answer the questions with complete sentences, e.g.
How old was the Katrina when the case started?
Katrina was twelve.

1. Where did Katrina go to have her ears pierced? _____________________________________

2. What happened as a consequence of the piercing? ____________________________________

3. What did her parents do? _______________________________________________________

4. Where did the case take place?__________________________________________________

5. How long did the case last? _______________________________________________________

6. What was the final verdict? ____________________________________________________

7. Do you agree with this verdict? ________________________________________________

A SECOND CASE: Watson v. British Boxing Board

On 21 September 1991, the boxer Michael Watson __________ (take) part in a championship boxing
match and got knocked out. As a result he ___________(suffer) brain damage and ____________(become)
partially paralysed. The boxer ___________(take) the British Boxing Board of Control to a High Court. The
case ______________ (last) eight years but finally Michael Watson ____________(win) his case. The judge
______________(find) the Boxing Board guilty of negligence and liable for compensation. This________
(be) a historic case for professional boxing.
Does this case refer to civil law or criminal law? ____________________________________
What type or types of law are involved?___________________________________________
Who is the defendant? _________________________________________________________

Activity 3. Finish these questions.

1. When _________________________________________part in a championship boxing match?

2. What ____________________________ as a consequence of the match?

3. Who________________________________________ to a high court?

4.How long ______________________________ ?

5. Did _________________________ his case?

6. What ______________________ the final verdict?

7. Do you agree with this verdict? __________________________________________________

17
ANOTHER CASE: Gallagher v. Hake
Raymond Hake ________ (live) in Somerset and _________ (work) as a demolition contractor, that is, he
________________ (demolish) buildings and material. The chief executive of the Environment Agency,
Ed Gallagher, _____________ (decide) to prosecute against him because he was disposing large amounts
of pesticides into the local river and polluting it. Mr. Gallagher _______________ (say) he had destroyed
the river and had cost the county £500,000 for cleaning. The prosecutor _________( take) Hake to Yeovil
Magistrates Court where he was found guilty and ordered to do 200 hours community service. The court
also __________ (tell) him to pay a fine of £1,500. Mr. Gallagher was disappointed with the sentence. The
maximum sentence for the offence was a fine of up to £20,000 and six months in jail.
Does this case refer to criminal law or civil law? ___________________________________
What type or types of law are involved?___________________________________________

Activity 4. Write the questions to obtain the following information .e.g.,

Where did Raymond Hake live? He lived in Somerset

1. ___________________________________________________? He was a demolition contractor.

2. __________________________________________________? He was taken to court because he was

polluting the local river.

3. _______________________________________________? Ed Gallagher, the chief executive of the

Environment Agency took him to court.

4. ___________________________________? The case took place in Yeovil Magistrates Court.

5. ______________________________________________________? The final sentence was a fine of £1,500

and 200 hours community service.
6. Do you agree with this sentence? ______________________________________________

CASE FOUR Crown Court v. Whalley and son

John Whalley ____________(want) to steal from the post office parcel depot, so he __________ (ask)
his son to mail him in a wooden box. Unfortunately for him, they __________(put) the box in the wrong
warehouse and a guard ____________ (catch) him when he got out, so he _______________ (not
steal) anything. At the trial, he __________________(claim) that he had done this for a bet. The trial
____________ (take) place at Birmingham Crown Court where the judge_____________ (find) father and
son guilty of conspiracy to steal from the City Link warehouse. The sentence ________ (be) a year for John
Whalley and 18 months probation for his son.
Does this case refer to criminal law or civil law? _______________________________________
Who is the defendant?____________________________________________________________
Was there sufficient evidence against him? ___________________________________________
Who was the main witness? _______________________________________________________
( cases taken and adapted from ‘AQA Law’ – Jacqueline Martin)

Activity 5. Imagine you are questioning the guard, about this event.
Write some questions you can ask him, e.g. What time did this happen?
___________________________________________________________
_________________________________________________________________
_________________________________________________________________

18
Activity 6. Now ‘question’ another student in the class. Write six questions to find out what he/she did on
a certain day last week, e.g. Where were you last Friday at 7.30? What did you ..? Did you..?

Ask questions and write a paragraph about what the other student did and report to the class. ____
__________________________________________________________
__________________________________________________________
__________________________________________________________

19
UNIT 5. REVIEW

Activity 1. Choose the correct collocation:

1. Do you ... a) draft a document or b) make a document?

2. Do you ....a) do a claim or b) settle a claim?

3. Do you .... a) make advice or b) give advice?

4. Do you .....a) do research or b) have research?

Activity 2. Put these words from unit 1 into the sentences:
advice - agreement - field - leasing - litigation - rights - skills - will

1. Intellectual property is a ___________ of law.

2. Lawyers often give ____________to their clients.

3. All lawyers must have good communication________.

4. In civil law the judge tries to find an _____________ between the two parties.

5. If you sue a person, it is because you want your legal _________

6. Private client lawyers often prepare _____________ documents for civil cases.

7. Real Estate law involves contracts for buying, selling and ____________ houses and buildings.

8. If you want to establish who has your property when you die, you go to a lawyer and prepare your
_______
Activity 3: Use a form – noun, adjective or verb form - of the verb in brackets to complete the sentence. The
words are in the table, activity 3 in Unit 2.

1. When you start a law case there are specific ___________________ to take ( PROCEED)

2. The judge ____________ the laws to the cases in his court. ( APPLY)

3. There are different _________________ of law ( CLASSIFY)

4. The person who is against the defendant in a criminal case is the __________________ (PROSECUTE)

5. ____________________ laws are a sub-division of Public Law. (ADMINISTRATE)

6. Contract law is the law of personal __________________ (AGREE)

7. In civil law, one of the parties wants _____________________ (COMPENSATE)

Activity 4. A short quiz. Do you know the answers to these questions?

1. In a criminal case, who is against the defendant?

a) The claimant b) the prosecutor c) the judge

2. In a civil case, what is the right expression if the defendant wins?

a) guilty b) not liable c) liable

3. In which type of case is proof beyond reasonable doubt necessary? 20

 a) civil and criminal b) civil c) criminal

4. If, in a civil case, a defendant is liable, it means...

a) He can go to prison b) The claimant is guilty c) He must do what the judge orders

Activity 5. The verbs below are from unit 3. Do you know their past tense form? Use them to complete
the sentences.
acquit - admit - arrest - complain - deny - lose - win - convict
The claimant ____________ the case and the judge awarded him damages

1. They caught the man and the police ________________ him and took him to prison.

2. The claimant wasn’t very happy because he ____________ the case.

3. He said he didn’t take the money but the police said he did. He _______________taking the money.

4. He said he was guilty. He _________________ he was guilty.

5. They found him not guilty and _______________ him

6. They found him guilty and ________________ him

7. The hotel ___________________ that the children were very noisy

Activity 6. Here are some verbs with irregular past tenses from unit 4. Do you remember them?

VERB PAST PAST NEGATIVE

become didn’t become

catch
find
go
have
put
say
steal
take
tell
win

Activity 7. Put these words in the correct order to form questions. Ask another student the questions.
1. when /decide /you /did /to study / law?
2. the information / you / find /did /on internet?
3. last night /you / where / go /did /?
4. do / what / did /on Saturday evening/ you?

Activity 8. Are you or another student ‘guilty’ of these crimes?

Ask another student the questions below.
He/she answers ‘Yes I did’ or Nor I didn’t’. He /She must tell the truth.

21
Find out all the information you can by asking questions, e.g.
Remember to put a time in the past and to use ‘did’ for questions in the past, e.g.
- Did you photocopy any books last month?
- Yes I did.
- How many pages did you copy?
- What was the book?
- Was it for private or public use? etc.
1. When you were in primary school did you steal anything?

2. When you were in middle school did you cheat in tests?

3. Did you smoke in a no-smoking area last week?

4. Did you park your car in a no-parking area last week-end?

5. Did you come late to this lesson?

6. Did you go over the speed limit last month?

Write another question, maybe about illegal downloading or a driving offence

__________________________________________________________________________
Activity 9. When you have finished, report to the class and decide together what ‘fine’ you must pay for
your ‘crimes’.

Activity 10. WRITING PRACTICE.

A client called Mr. Sanderson comes to the office and says:
‘I want to sue my neighbour,Mr. Brown. He has loud music on all night and I can’t sleep. I go to bed early
and I get up early because I start work early in the mornings. He doesn’t listen to my complaints. Can you
help please?’
The lawyer writes an email to his colleague:

To: ______________________
From: ____________________
Subject: Case of litigation.

This is a civil litigation case and involves our client, Mr. Sanderson. He wants to file a lawsuit against his
neighbour, Mr. Brown. The plaintiff claims that he can’t sleep because of the loud music at night. He says he gets
up early because he starts work early. We must find an agreement. Can you write to the defendant please?

22
Now write similar emails about these clients to a colleague giving the information in more professional
language. Remember to change the verbs if necessary.
1. A client called Mr. Holmes says:
‘ I am a producer of a software programme called ‘Speak Easy’. I know that another producer, new on the
market, calls his software programme with the same name. I want to complain and ask him to change the
name. Can you help please?’

To: ____________
From: _____________
Subject: ________________________________

2. A client called Ms. James says:

‘ I want to lease my apartment for three years to a young family. But there is a problem. The contract with
the present occupier, Mr. Fisher, is finished but he doesn’t want to leave. Can you help please?’

To:___________
From:____________
Subject:____________________

23
UNIT 6 CRIMES, CRIMINALS AND CRIMINOLOGY.
Activity 1. Look at the crimes in the box below. How many do you know? Use a dictionary to find out.
Discuss them and put them into three categories: very serious, quite serous, not serious.
arson – assault – bag-snatching - bribery – burglary – drug trafficking – drunken driving –– forgery – fraud –
kidnapping - manslaughter - murder - rape - robbery – shoplifting – slander - smuggling – tax evasion – theft
– vandalism
Activity 2. Match the crimes to these definitions:
1. If you make false money or copy another person’s signature, it is _________________
2. If you kill someone and you planned to do it, it is ____________________
3. If you go into another person’s house at night and take property, it is __________________

4. If you deliberately don’t pay all your taxes, it is __________________

5. If you go into a shop and take things and leave without paying, it is ___________________

6. If you drink too much alcohol and then drive home, it is ____________________

7. If you steal someone’s property, for example their car, it is _______________

8. If you sell drugs in illegal quantities, it is ____________________

9. If you bring things, such as drugs or exotic animals, into the country illegally, it is ________

10. If you talk maliciously about another person to the general public and harm them, it is____________

11. If you take someone away and then ask for ‘ransom’ money, it is ____________________

12. If you deliberately set a building or a forest on fire, it is ______________________

13. If you write on public walls or break public property, it is ____________________

14. If you attack someone violently, it is ___________________

15. If you pay someone to do something for you illegally, it is ____________________

16. If you cheat someone and make them give you money under false pretences, it is _________

17. If you kill someone but did not intend to do it, it is ____________________

18. If you sexually abuse a person against their will, it is ________________

19. If you go into a place, for example, a bank, and force people to give you money by threat or violence, it is
__________________

20. If you steal someone’s things, such as a bag, when they are in a public place, it is ____________

24
Activity 3. These are crimes. What are the names of the criminals and what are the verbs?
Can you complete the table below?
CRIME PERSON VERB
bribery a briber To bribe
bag-snatching To snatch
burglary To burgle or to break into
slander
a drunken driver …………………..
To forge
a fraud To cheat, to deceive
kidnapping
murder
a rapist
robbery
shoplifting To steal from a shop
a smuggler
To evade
a thief To steal
a vandal

TWO FAMOUS ASSASSINATIONS

Activity 1. Match the verbs with their synonyms or definitions
1. To hit a) to conceal, to not show to others
2. To shoot b) to believe someone is guilty

3. To kill c) to be prosecuted

4. To suspect d) to fire a gun

5. To be tried in court e) to strike, to beat

6. To hide f) to take life from someone

Activity 2. Put these expressions in the possible chronological order of an assassination.

- make a plot -escape from the police - be hanged -fire a gun -hide in a place

-the event takes place -be tried in court - shoot a person - the person dies
Activity 3. Divide into two groups, group A and group B.
Group A reads the information about John Booth and prepares questions about Lee Oswald.
Group B reads the information about Lee Oswald and prepares questions about Booth.
When you have got your questions ready, ask a student from the other group for the information you need to
complete the passage.

25
GROUP A.
Read this article and give the information to a student from group B
John Wilkes Booth was born on May 10 1838 and was famous because he assassinated Abraham Lincoln,
the 16th President of the United States. The crime took place at Ford’s Theater in Washington DC. on April
14, 1865. Booth shot Lincoln in the head and died the next day. He was the first American president to
be assassinated. Booth was an American actor and came from a family of famous actors from Maryland..
He was against Lincoln because he won the American Civil War. Booth and a group of co-conspirators
planned to kill Abraham Lincoln and other members of the government. After the shooting, Booth escaped
to Maryland and then hid in a farm in rural Virginia. Soldiers found and killed him two weeks later. Other
conspirators were also tried and hanged.
GROUP A
Write the questions you need to complete the information.
Then ask a student from group B
Lee Harvey Oswald was born on 1) _______________. Three United States government investigations
accused him of 2) ______________________________. This took place in 3)____________________.
Oswald was a 4)_______________________who went to the Soviet Union and then returned. They first
arrested Oswald because the police suspected him of 5) ____________________________________.Later
they suspected him of the assassination of President Kennedy. Guns hit John F Kennedy and other people
at 12:30 pm. on 6)_____________________________. As a result, Kennedy died. Investigations on the
case concluded that Oswald shot the gun from 7) _______________________ of a building while the
President’s car passed through 8) _____________________. Oswald denied 9) _____________________
________________. But he did not have a trial. Before they took him to court, while the police took him
from the police station to jail, 10) ________________shot Oswald and killed him while on live television on
November 24 1963.
Questions: e.g.
1) Where was Oswald born?
2) What ……..the government ………… Oswald of?.
3) Where …. ……..…this assassination………… place?
4) Who ………… Lee Oswald?
5) What………………the police first……………. him of?
6) When ……………guns ……………. John Kennedy and other people?
7) Where ………………Oswald……………… the gun from?
8) Where …………… the president’s car…………………. through?
9) What …………………… Oswald ………………..?
10) Who ……………………….…………….. ?

GROUP B
Read this article and give the information to a student from group A
Lee Harvey Oswald was born on October 18, 1939. Three government investigations accused him of the
assassination of U.S. President John F. Kennedy. This took place in in Dallas, Texas. Oswald was an American
marine who went to the Soviet Union and then returned. They first arrested Oswald because the police
suspected him of killing a police officer. Later they suspected him of the assassination of President Kennedy.
Guns hit John F. Kennedy and other people at 12:30 pm. on November 22, 1963. As a result, Kennedy
died. Investigations on the case concluded that Oswald fired the gun from a window on the sixth floor of a
building while the President’s car passed through Dallas. Oswald denied any responsibility for the murders.
But he did not have a trial. Before they took him to court and while the police took him from the police
station to jail, Jack Ruby shot Oswald and killed him while on live television on November 24, 1963.

26
GROUP B
Write the questions you need to complete the information.
Then ask a student from group A.
John Wilkes Booth was born on 1) __________and was famous because he 2) ____________. The crime
took place at 3) ______________on 4) _________________. Booth shot Lincoln in the head and died the
next day. He was the first American president to be assassinated. Booth was an 5) ___________________,
and came from a family of famous actors from 6) __________________. He was against Lincoln because 7)
________________. Booth and a group of co-conspirators planned 8) ________. After the shooting, Booth
escaped to 9) _____________and then hid in a farm in rural northern Virginia.10) ______ found and killed
him two weeks later. Other conspirators were also tried and hanged.
Questions: e.g. 1) Where was Booth born?
2) Why was …………………………………………?.
3) Where ……the crime …………… place?
4) When …………….this crime happen?
5) Who …………………………………………….…?
6) Where…………his family …………………from?
7) Why …………………………… against Lincoln?
8) What ……………the conspirators…………………. to do?
9) After the shooting, where ………………Booth…………… to?
10) Who……………………………………….. ?

27
UNIT 7 GREAT LAWMEN V. BIG CRIMINALS
Activity 1. What famous law men do you know? Can you think of a famous lawyer, police officer or a
famous judge who worked to reduce crime and bring criminals to justice? Where was he/ she from? When
did he/she live?
Read the passage about a great judge:

GIOVANNI FALCONE
Giovanni Falcone was born in the Sicilian city of Palermo in 1943. He studied law and then went to the
Livorno naval academy. After graduating in 1961, he began to practice law. He became a judge in 1964.
Falcone became interested in penal law after he gained experience as a district judge. After the murder
of judge Cesare Terranova, Falcone started to work for the investigative branch of the Prosecution Office
(Ufficio istruzione) in Palermo. In May 1980 Falcone started to investigate in a major drug-trafficking
network. The mafia exported the heroin drug from Sicily to the Gambino and the Inzerillo crime families in
New York. The Prosecution Office took many mafiosi to court but then the mafia murdered the prosecuting
judge, Gaetano Costa, on August 6, 1980.
Falcone introduced an innovative investigative technique and became part of Palermo’s Antimafia Pool,
created by judge Rocco Chinnici. The Antimafia pool was a group of investigating magistrate judges who
worked together to share information and responsibility.
The Antimafia pool helped to take 474 mafiosi members to court and charge them with serious crimes. In
July 1983 Chinnici was murdered. Falcone was one of the major organizers of the maxi- trial that began
February 10, 1986 and finished December 16, 1987. 360 mafiosi members were convicted of serious crimes.
One of the most important factors in the trial was the testimony of Tommaso Buscetta, one of the first ever
Sicilian mafiosi to become an informant.
The mafia killed Falcone with his wife Francesca Morvillo, also a magistrate judge, and three policemen on
May 23, 1992. The mafia put a bomb on the road and his car blew up.
The murderer was Salvatore Riina. He was arrested and is now serving a life sentence for these murders and
for other crimes. Another mafioso convicted of the murder of Falcone is Giovanni Brusca. He admitted that
he was the man who started the explosives.
Palermo airport is now also known by the name Falcone-Borsellino Airport in honour of Giovanni Falcone
and Paolo Borsellino.
Activity 2. Read the statements about Falcone. If the information is correct, write CORRECT. If the
information is incorrect, write the sentence again, e.g.:
Falcone was born in 1940.

Falcone wasn’t born in 1940. He was born in 1943.

1. Falcone was born in Palermo_________________________________________________

2. He graduated in 1965. _______________________________________________________

3. He worked as a judge. __________________________________________________________________

_______

4. He worked for the Prosecution Office before the murder of Terranova. ____________________________
_____________________________________________

5. The mafia imported heroin from New York. _________________________________________________

_________________________

6. Judge Chinnici started the Antimafia Pool. __________________________________________________

________________________
28
 7. The maxi-trial lasted more than a year. _____________________________________________________
_____________________

8. The state convicted all the mafia members __________________________________________________

________________________

9. Tommaso Buscetta testified against the mafia ________________________________________________

__________________________

10. The mafia killed Falcone and five other people ______________________________________________
____________________________
Activity 3. What famous criminals do you know? What crime or crimes did he/she commit? Where was he/
she from? When did he/she live?

Read the article about a big criminal. How many different types of crimes did he commit? Count them.

AL CAPONE
Alphonse Gabriel Capone was born in Brooklyn on January 17, 1899 of Italian immigrants. When he
was young, he worked as a barman in a dance hall and provoked a fight with a gangster. During this
fight, Capone’s face was cut and the result was three big scars on his face. From that time he was called
‘Scarface’. Capone moved to Chicago and started smuggling liquor and selling alcohol illegally. This was
the Prohibition Era of the 1920s and 1930s. There was a big gang war in Chicago at that time and 200
people were killed or murdered. Capone controlled the Chicago gangster world. He became incredibly rich
through different illegal activities such as gambling and prostitution, but his main activity was selling liquor.
The gang smuggled liquor from different parts of America and he used the money to bribe politicians and the
police. He also bribed the mayor of Chicago. He had a big limousine and many times the rival gang shot at
him, but the car was bullet-proof. When he went away from Chicago, he hid in special places and sometimes
he and his gang stayed in hotels under false names.
In 1929 Capone organised a terrible gang massacre. It is now called the Saint Valentine’s Day massacre.
There were seven victims but the police didn’t bring anyone to trial for the crime. From that time the
federal police began to watch Capone and his gang very closely. In 1929, the federal agent Eliot Ness
started a big investigation of Capone and the gangster slowly lost his power. In 1931 the authorities accused
Capone of tax evasion. His lawyers tried to defend him but there was a lot of evidence against him. Then
he tried to bribe and intimidate the potential jurors, but Ness discovered his plan. After a long trial, he was
found guilty of tax evasion. The judge gave him an eleven-year sentence and some enormous fines. They
denied his appeal. In May 1932, they sent Capone to a federal prison, then they transferred him to Alcatraz
so he couldn’t contact his friends.
When they released him, he had lost control of his criminal organisation and he was also very ill. On January
22, 1947, Capone had a heart attack and died.
Activity 4. Read the statements about Al Capone. If the information is correct, write CORRECT. If
the information is incorrect, write the sentence again.
Al Capone was born in Italy.
_________________________________________________________________
1. He got three scars from a fight he had when he was young.
_________________________________________________________________
2. Many people got killed in Chicago at that time.
_________________________________________________________________
4. Al Capone’s main activity was robbery and kidnapping
____________________________________________________________________
5. He hid in hotels using his name.
____________________________________________________________________
6. After the Saint Valentine’s Day massacre, the police took the criminals to court.
_____________________________________________________________________ 29
 7. In 1931 the authorities took Al Capone to court for evading taxes.
______________________________________________________________________
8. Al Capone had a second trial
______________________________________________________________________
9 He was in prison during the 1930s

10. He died on January 22 1947

________________________________________________________________________

GRAMMAR REVIEW
TIME EXPRESSIONS FOR PAST EVENTS

Capone was born ON January 17 1899

They sent him to prison IN May 1932
Falcone became a judge IN 1964

ON before a date IN before the month or the year

DURING the 1930s there were many murders in Chicago ( for a decade)
AT THAT TIME there was a gang war ( during this period)
FROM THAT TIME he was called Scarface ( after a certain period)

AFTER graduating, Falcone became a judge. ( …ing form of verb with after or before)
BEFORE becoming a judge, he graduated.

Activity 5. Working in pairs, one student looks at the information about Lord Denning, the other student
looks at the information about Jesse James.

STUDENT A. The life of Abraham Lincoln.

• Born February 1809.

• Home town in Kentucky, USA.
• Taught himself law – fully qualified lawyer, 1837
• Defender of transport companies opening up the wild west
• Defender of human rights
• Elected president, 1860
• Assassinated, 1865.

STUDENT B. The life of Jesse James

• Born September 1847

• Home town: Clay County, Missouri, USA.
• During American Civil War, member of guerrilla fighters gang.
• 1863: Attacked town of Lawrence, killed 150 inhabitants, set fire to buildings
• Became outlaw with his brother
• 1866: Robbed bank in Missouri
• 1876: Tried to rob bank in Minnesota. Some gang members killed
• Jesse James escaped and changed name.

30
Ask and answer questions about the person,
e.g. When was he born? He was born in ……. Where…..

Activity 6. When you have enough information, write a paragraph about Lord Denning or Jesse James using
the time phrases in the box.

__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
Activity 7. Complete these sentences about you. Tell another student.

I _______ born on _______________________. I _______________ to primary school in

___________________. During that time I __________________________________________. After

________________primary school, I ___________________________________________. For the next

five

years I ________________________________________. Before ____________ to university I

___________________________________________________________________.

31
UNIT 8 THE LEGAL PROFESSION.
Activity 1. What are your ambitions? What would you like to become? A lawyer? A lawyer specialised
in family law or criminal law’ A legal expert in a company? A judge?
Activity 2. Read below about the law profession in different countries
The responsibilities and roles of the different types of legal professions are different
from one country to another. They depend on the history and the legal system of each
individual country.
In some countries the role of a lawyer is divided into two types – lawyers who
represent their clients in the high courts, and lawyers who deal with clients but do
not discuss cases in the higher courts. This distinction is called a split (divided)
profession.
In the United Kingdom, for example, there is a difference between the profession of a
solicitor and a barrister or advocate. In Italy and France, too, there is a difference
between the role of an advocate ( avvocato) and a civil law notary ( notaio). In
other countries there is no distinction. A system with no distinction is called a system
with a united or fused profession.
It is important to remember that often the same word for a profession can be used
differently depending on the country. Let’s look, for example, at the word: LAWYER.
In the United States, the word generally refers to attorneys, that is, a lawyer
who is legally qualified to prosecute and defend actions in a court of law. It is never
used to refer to patent agents, or paralegals. A patent agent is a person who is a
specialist in ‘patents’ or licences for new inventions. A paralegal is someone who has
legal qualifications but who is not a lawyer.
The U.S. legal system has a united legal profession, which means that it does not
make a distinction between lawyers who plead in court, that is defend a client in a
trial, and those who do not.
In England and Wales, “lawyer” is a general term for different types of law-trained
persons. It includes practitioners, or people in the profession, such as barristers
( lawyers who work in the high courts), solicitors ( who deal with all legal matters
outside the courts and in lower courts), legal executives and licensed conveyancers
(specialists in property law). The word ‘lawyer’ can also refer to people who work
in the legal system but do not represent individual clients, such as judges or court
clerks.
In Australia, the word “lawyer” is used to refer to both barristers and solicitors but
not to people who do not practise the law.
In Canada, the word “lawyer” differs depending on the province. In the common law
provinces, it only refers to individuals who have been called to the bar, that is, a
legal professional who is qualified to represent a client in a high court.
In India, the term “lawyer” is often commonly used, but the official term is
‘advocate’.

32
Activity 3: Can you match the words or expressions to their definitions?

(1) solicitor a) to present a case orally at a trial, to defend a client in court

(2) barrister b) a person who is a legal expert in the field of property

(3) advocate c) a legal specialist in patents giving sole rights to inventors.

(4) patent agent d) a legal person who deals with clients and all legal work outside the law courts

(5) plead in court e) qualified to represent a defendant in a high court

(6) practitioner f) a legal professional who presents cases in the higher courts

(7) conveyancer g) a person who practises the profession.

(8) called to the bar h) a legal professional in Scotland who has a similar role to a barrister

GRAMMAR REVIEW

DEFINING RELATIVE CLAUSES :WHO, WHICH, THAT

Look at these sentences.

A lawyer is a person WHO practises the law.

It is a word WHICH/ THAT refers to a legal professional.
A law court is a place WHERE trials take place

We use WHO when we define a PERSON

We use WHICH or THAT when we define an OBJECT or THING
We use WHERE when we define a place
Activity 4. Finish these sentences.

1. A barrister is a lawyer ___________ works in the high courts

2. An attorney is the American term for a lawyer who is qualified to ______________________

3. A patent is a licence ____________ gives legal rights to inventors

4. A solicitor is a lawyer _______ works outside the courts or in the lower courts.

5. A conveyancer is a specialist lawyer __________ deals with _______________

6. A paralegal is someone who has legal ________________ but is not a lawyer.

7. The ‘bar’ in the legal term is a place __________ barristers have their offices and work.

8. A civil notary is a lawyer _________ works for the government

Activity 5. Finish these sentences about your personal ambitions.

I would like to be a person who ____________________________________________

My ambition is to do a job which_____________________________________________

I would like to work in an office or a company where _____________________________

33
Activity 6. Read the passage below

More differences between Solicitors and Barristers

Solicitors
Solicitors are lawyers who generally work in civil cases and all legal business outside the law courts. They
advise clients and prepare cases. Sometimes solicitors can present their own cases in the courts. In fact,
nowadays, this is more common and the division between the work of a barrister and a solicitor is not so
precise, but traditionally the solicitor gives information about the client’s case to a barrister who defends the
client in court.
A lot of a solicitor’s work is administrative. His work includes commercial law, conveyancing, family
matters, making wills, tax problems and other legal problems. Solicitors can work alone, in a partnership,
or in a company. They also work in local governments, law centres, the civil service and in commerce and
industry.
Barristers
Barristers are legal advocates in the higher courts. A barrister doesn’t usually have direct contact with
the client. He receives all the information about the case from the solicitor. This information is called the
‘brief’. Representing a client in court means that barristers must know how to speak and think quickly. The
responsibility of a barrister is to make sure that the court sees and considers all the relevant points of law and
all the facts in his client’s favour and that justice is done.
The top barristers are called the ‘Queen’s Council’, or QCs, and deal with the complex and serious cases
in the very high courts. Barristers usually work alone but sometimes share an office called a chamber.
Traditionally a barrister wears a white wig on his head and a black gown when he is representing his client
at court.
Activity 7. Finish the table with the information the text. Use the table to talk about the differences between
solicitors and barristers. Use ‘while’ or ‘whereas’ (see unit 3) to connect the information, e.g. A solicitor deals directly
with clients while a barrister doesn’t.

SOLICITORS BARRISTERS

They generally work in …………… They work in ……………..

They deal with ……………… They deal with ………..

They deal with cases such as …………….. They deal with cases such as………

Their responsibility is …………… Their responsibility is …………

They work alone or …………… They work alone or ……………….

They don’t usually wear a ……………….. They often wear a …………….

34
UNIT 9 THE UNPAID LAW KEEPERS
Lawyers and attorneys earn money from the law, it is their profession, but there are many people who work for
the law but are not paid.
Activity 1. Read the passage below:

Magistrates (Justices of the Peace)

Lay magistrates work in magistrates courts and they hear mainly criminal cases. The
magistrates court is the lowest court and it is where the majority of criminals come
first.
Lay magistrates are ‘lay’ because they are ordinary people. They don’t have any
formal legal training and don’t need any previous experience in the legal system to do
the job, but they receive practical training. There are law clerks who are qualified on
law and procedure in the court to give them advice. These magistrates come from all
different types of backgrounds.
They sit in groups of three or sometimes two, as a bench. They cannot sit alone. On a
bench at least one must have experience in the job.
Lay magistrates are not paid but have some money for losing time from their work.
The Jury
The jury are crucial to the legal system. Twelve people, between the age of 18 and
70, are called at random from the public for each case. The jury, or jurors’ must listen
to all the facts of a case and give a verdict at the end of the case. In the British legal
system the jury is present only in criminal court cases, not in civil law cases or courts

35
Activity 2. Are these sentences correct or incorrect? If the sentence is incorrect, write a sentence giving the
right information, e.g.
Lay magistrates hear mainly civil cases.
INCORRECT. Lay magistrates don’t hear mainly civil cases , but criminal cases.
1. Lay magistrates work in the high courts ____________________________________________________
________________

2. They are qualified judges _______________________________________________________________

_____

3. When they are in court, they can receive advice from a law clerk ________________________________
_____________________________________

4. They are ordinary people of all different types. ______________________________________________

________________________

5. They sit alone in the magistrate’s court with a jury ___________________________________________

______ _____________________

6. They don’t receive a salary for this job. ____________________________________________________

__________________

7. There are ten people on a jury. ___________________________________________________________

____________

8. They are called ‘jurors’ _________________________________________________________________

_______

9. They must present a verdict at the end of the case. ___________________________________________

_____________________________

10. In the British system there is a jury only for civil cases ________________________________________
_________________________________

Activity 3. Same or different?

In your country what are the similarities and differences? Read the following points. Discuss together and
write: SAME or a sentence to explain the difference , e.g.

They are called lay magistrates or justices of the peace.

In Italy they are called ‘Giudici di pace’. The word ‘magistrati’ usually refers to high court judges.
1. Lay magistrates haven’t got legal qualifications ______________________________________________
__________________________

2. They are not paid ____________________________________________________________________

______

3. There must be at least two or usually three of them ___________________________________________

______________________________

4. One of them is usually a woman. _______________________________________________________

___________________

5. There is a law clerk in the court to give the magistrates advice __________________________________
________________________________________

6. They usually deal with minor criminal cases, called ‘summary offences’ __________________________
______________________________________________
36
 7. They also deal with civil cases such as family problems, shoplifting or drunken driving. ______________
____________________________________________________________

8. They can usually only give a sentence of up to six months in prison or a fine of up to £5,000. ________
___________________________________________________________________

9. They are an important part of the judicial system. 95% of cases are concluded in the magistrates’ courts. __
_________________________________________________________________________

Activity 4. Match these verbs with their synonyms:

1. To claim a) to find guilty,

2. To grant b) to accuse someone of a crime

3. To convict c) to provide, to give

4. To adjourn d) to declare, to assert

5. to charge someone with a crime e) to defer, to end

Activity 5. Can you put the verbs in the box into the sentences below?
Remember to use the right tense.
adjourn - behave –charge – claim – convict - fine - grant - hear – plead - provide

1. The court ______________ the defendant £2,000 for damaging public property.

2. The accused decided to _____________ guilty.

3. After _____________ the evidence, the jury pronounced a verdict of not guilty.

4. The university _______________ students with opportunities for developing a career.

5. The judge decided it was time to finish for the day so he _____________ the case.

6. The children ________________ very well so their mother gave them presents

7. The police __________________ the man with the offence so he went to court

8. He __________________ that he was innocent.

9. The jury found him guilty and _________________ him of burglary and theft.

10. They ____________________ the soldier a pardon because of his bravery in battle.

Activity 6. Read the account of a magistrate’s day. He talks about some of the cases he sees.
First read and find the following information:
1. How many criminal cases does he see and what are they?

2. How many civil cases and what are they?

3. What sentences do the magistrates give to each case?

4. How many are serious crimes that could go to a higher court?

5. Do you agree with the decisions of the magistrates?

37
A day in the life of a Magistrate
A magistrate writes:
Court starts at 10am but I like to arrive about 9.30am so I can make sure I don’t
know any of the defendants.
I am in the court with two other magistrates - a Sikh man, aged 32, who works in a
company and a 54-year-old woman who works with an airline. Magistrates come from
all walks of life to provide a ‘mixed’ bench in every sense to hear the cases.
Before going into court we talk to our legal adviser. He tells us about one potentially
difficult case, where the defendant was put in prison at the last court appearance
because of his bad behaviour in court.
As always, we go into court punctually at 10am and when we walk in, everyone
stands.
The first case is a 45-year-old defendant who pleads guilty to driving with excess
alcohol. The amount of excess alcohol is low and the defendant has no previous
convictions. We disqualify the driver for 12 months and fine him £250.
The second case is a woman charged with shoplifting. She too pleads guilty. However,
she has a very long list of previous convictions and she must appear in court again
in two weeks time to be sentenced, so we decide to adjourn the case. The woman
probably has a drug, alcohol or mental health problem and is in the care of a
probation officer. People think magistrates only see bad people, but in reality many
who come to court are very sad people who have a lot of difficulty living in our society
for many reasons.
The third case involves two 19-year-old men, charged with assaulting the landlord of
a pub. We decide to adjourn the case, but we must consider if we want to grant bail.
Everyone has a right to bail, and we must listen carefully to the arguments put by the
prosecution and defence. After hearing evidence from the prosecution and defence we
grant conditional bail so they must stay in their homes and not go near the pub. They
are warned that if they do not come to court next time, they are committing another
offence and they can be fined/and or imprisoned.
The next defendant is charged with shoplifting. This is his 15th shoplifting offence and
he seems to be a heroin addict. However, he is now doing a community sentence in
a drug rehabilitation centre. We want to encourage him so we fine him, making sure
that the goods were recovered so that there is no claim for compensation.
The last case of the morning can now start as the prisoner has arrived. This was the
potentially difficult defendant. He has two charges of robbery, serious charges and
if found guilty he will probably go to prison for a long time. This time he causes no
trouble.
Every day is different. There is always something new to learn, defendants are
different! My duties in the magistrate’s court were only for the morning session and
so I go off to work.
( taken and adapted from www.judiciary.gov.uk)

38
Activity 7. Read again and answer the following:
1. Why does the magistrate like to arrive early?
____________________________________________________________________________
2. How many magistrates are on the bench?
____________________________________________________________________________
3. Why was one defendant put in prison?
____________________________________________________________________________
4. Has the first defendant got a criminal record?
_____________________________________________________________________________
5. Is the woman charged with shoplifting guilty?
_____________________________________________________________________________
6. Did the heroin addict give back the things he stole?
_____________________________________________________________________________

Activity 8. Can you understand the meaning of the following words and expressions in the passage?
Choose the correct definition:
1. A probation officer
a) an official person who helps and supervises people who are ‘on probation’, that is, on a test period.
b) an official person who takes people to prison

2. to grant bail
a) to give the defendants money
b) to give the defendants the possibility to go free, but under certain conditions

3. a community sentence
a) a type of sentence where the offender must do some practical work for the local community
b) a sentence where the offender is put in prison by the community

39
UNIT 10. REVIEW
Activity 1. What kind of criminal are you? Read the descriptions and write the name of the crime or
the criminal.
1. I sometimes work for the local television and in my last programme I talked about the private life of a
local politician. I said he spent a fortune in restaurants, night clubs and bars. My programme was a great
success! The politician was very angry and called me a ____________________

2. Last night my brother and I noticed a big villa in a very secluded road in the country. It was really quiet, I was
sure the owners were on holiday, so we broke the lock and went in, but then some guard dogs came after us and
we couldn’t get away. A big man came out and accused us of ____________

3. My friend, who is a thief, came to ask for a false passport and documents. He needed to get out of the country
as fast as possible. He came to me because he thinks I am the best __________________

4. Sometimes I haven’t got any money or anything to eat for my family, so I go into a supermarket and hide
goods under my coat. In some shops it’s really easy, but in others they have special devices and the alarm goes
off. _____________________ seems easy but it’s not a very good idea.

5. I like cheating. If I play cards, I have an extra ace or two in my pocket. I often tell lies and false stories to get
government documents. I know, I’m a terrible _____________

Activity 2. Do you remember these verbs and their past tenses from the last 5 units?
VERB PAST TENSE
To begin
To blow up
To die
To give
To hide
To hit
To know
To shoot
To testify
To try
Activity 3. A short quiz on legal professions
1. A lawyer who represents a client in a high court in Britain is called a
a) barrister b) attorney c) solicitor
2. In the United States the word ‘attorney’ refers to
a) a specialist in patents b) a lawyer legally qualified to defend in court
c) a paralegal
3. The term ‘called to the bar’ means
a) a professional person specialised in restaurants b) a person who works in London
c) a legal professional qualified to represent a client in high court
4. A solicitor doesn’t normally
a) give information to the barrister about a client b) deal with family problems
c) wear a wig and a gown
5. A conveyancer is
a) a legal specialist in property law b) a legal specialist in commercial law
c) a legal specialist in procedural law

6. A patent agent deals with

a) housing and commercial property b) giving legal rights to inventors
c) family problems

40
Activity 4. Finish these sentences about lay magistrates with who, which or where.

1. A magistrate is a person ___________ listens to and judges minor or summary offences.

2. The place ___________ they work is called the ‘magistrates’ court’.

3. They usually see people ________ have committed minor criminal offences.

4. The place ___________ they sit is called the ‘bench’.

5. The other term _____________ refers to them is ‘Justices of the Peace’

6. This is a job ____________ is not paid.

Activity 5. Finish these sentences from newspaper articles with the right form of the word in brackets.
1. Yesterday a _______________ was awarded £10,000 damages in a civil case against a local pharmaceutical
company. (claim)

2. After the big match last night the famous football player, Greg Smiley, was arrested for violent
_____________________(behave)

3. A gang of three men committed a bank _________________ yesterday afternoon in the main high street of the
town. (rob)

4. By surprise, the defendant received the verdict of ‘not guilty’ at the court ___________________ in
Manchester. (hear)

5. The _________________ was found guilty of charges of fraud in yesterday’s big court case. (defend)
Activity 6. Look at a list of these offences and possible sentences. Discuss together and decide which
sentence is best for each. Do you all agree?
OFFENCES
1.A drug addict who is caught for shoplifting. It is his fifth offence.
2. A driver who is arrested for dangerous speeding. He knocked over a cyclist. It is his first offence
3. A man who was caught drunk, stole a car and went into a brick wall.
4. A woman who is arrested for prostitution on the streets.
5. An 18 year old boy who is caught for taking somebody’s wallet on a bus.

SENTENCES
a) grant cautionary bail
b) a light fine ( decide the amount)
c) a heavy fine ( decide the amount)
d) a prison sentence ( decide how long)
e) a community sentence

41
WRITING PRACTICE:
The prosecutor is asking a witness questions about a case involving Mr. Garnet. The defendant’s name is
Nick Brunner. The name of the witness is Mrs. Quinny. Read and complete the dialogue :
Prosecutor: Mrs. Quinny, what is your job?
Mrs. Quinny: I뭢 a nurse.
Prosecutor: What hours do you work?
Mrs. Quinny: I work different hours. Sometimes at night, sometimes during the day.
Prosecutor: On the night of the 9th September what time_______________________________?
Mrs. Quinny: I left the hospital at 12.00 and walked home.
Prosecutor: Where____________________________?
Mrs. Quinny: I live in Barnaby Street.
Prosecutor: The same street as Mr. Garnet? What ____________________when you were on your way home?
Mrs. Quinny: Well, I saw a man coming out of Mr. Garnet’s window.
Prosecutor: Did he see you?
Mrs. Quinny: No he didn’t.
Prosecutor: _______________________his face?
Mrs. Quinny: I saw a part of his face because, for a few seconds, he stood in the light of a lamp-post to light
a cigarette.
Prosecutor: Can you see the same man in this courtroom?
Mrs. Quinny: Yes, he is sitting over there.

Now read a part of the report that the lawyer writes:

This is a case of burglary. The victim’s name is Mr. Garnet, the defendant is Nick Brunner. The witness, Mrs.
Quinny, claims that she was on her way home from the hospital at around 12.00 and saw a man coming out
of the victim’s window. She was able to identify the defendant because he stopped under the light of a lamp-
post. She identified the defendant in court.

Activity 7. Read this dialogue and complete the questions that the lawyer asks:
The lawyer is asking a witness about a car accident where a woman, Mrs. Thomas, claims that another drive,
Mr. Duncan, came out of a side road at top speed and crashed into her car causing serious damage. The
witness’s name is Mr. Wells.
Lawyer: Mr. Wells, ____________________________ ?
Mr. Wells: Yes, I’ve got a red Lancia.
Lawyer: _____________________________ ?
Mr. Wells: I’m a railway officer and I work in the station in Broad Street.
Lawyer: _____________________________ ?
Mr. Wells: I start work at 9.00. and generally finish at 5.00.p.m.
Lawyer: Last Friday _________________________ Broad Street?
Mr. Wells: Yes, I drove along Broad Street but I stopped at the corner of the High street.
Lawyer: Why _________________________________________________ ?
Mr. Wells: Because I saw a car coming out of the side road really fast and hit another car.
Lawyer: What kind _____________________________ ?
Mr. Wells: It was a black sports car.
Lawyer: ___________________________ the driver of the car?
Mr. Wells: No I couldn’t see him very well. I only saw the car.

42
Write a part of the formal report for the lawyer using the correct legal terms.

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
___________________________________________________________
______________________________
Activity 8. Read this second dialogue and complete it.
The customs officer at the airport is asking a passenger some questions:
Customs Officer: Can you open your suitcase please? __________________________, sir?
Mr. Garret: My name’s Garret.
Customs Officer: Which flight ______________________ Mr. Garret?
Mr Garret: I took the flight from Peru.
Customs Officer: ___________________________ this flight?
Mr. Garret: Yes, I travel there every month.
Customs Officer: ______________________ this toy doll in Peru Mr. Garret?
Mr. Garret: Yes, I bought it for my daughter.
Customs Officer: ____________________________ the suitcase yourself?
Mr. Garret: Yes, I prepared it myself. Is anything wrong?
Customs Officer: Did you know it had a false bottom?
Mr. Garret: What! No I __________________. Am I in trouble officer?
Customs Officer: Yes, I’m afraid we must arrest you, sir. This material is illegal.
Mr. Garret: But I didn’t put it there!

Write a part of the prosecutor’s report about this case. State what type of case it is, who the defendant is and
what happened.

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

43
UNIT 11 INSIDE THE COURTROOM
Activity 1. This is an English Crown court where criminal cases take place. The names of the people in the
courtroom are in the box.
Read the descriptions below and write the name of the person or persons and the number of his/her position in
the picture.
press – prosecution barrister – public – defendant – ushers – witness – defence barrister – jury - judge

Number ___ ___________________________

They can be the police or people who saw, or know something about the crime. They must take an oath
saying that they will tell the truth. They can give evidence for or against the defendant. Sometimes it is an
expert who comes to explain things to the jury.
Number ____ ___________________________

He (or she) presides over the trial. He makes sure that the trial is fair and clear. He settles any arguments
between the barristers about what the law is. If the defendant is found guilty he gives the sentence. If
necessary, he also advises the jury on legal points.
Number ___ ___________________________

This person’s responsibility is to tell the jury what is wrong with the prosecution’s evidence. They try to
show that there are other possible explanations and cross-examine the witnesses. He or she represents the
person accused of the crime and their arguments are called the case for the defence.
Number ____ ___________________________

This person explains to the court what the defendant is accused of. He or she must show the jury the
evidence to convince them that the defendant is guilty. If the jury are not sure then they must give a “not
guilty” verdict.
Number ___ ___________________________

This is the person accused of the crime. If there are two of them, they are called co-defendants. They are
innocent until proven guilty. That means they don’t need to prove they are innocent. It is the prosecution
who must show that they are guilty.
Number ____ ___________________________

They decide if the defendant is guilty. They are twelve ordinary men and women. Their names come from
the list of people who can vote in elections. They must listen to all the evidence before they give their
verdict. They choose one member to represent them. He or she is called the foreman and pronounces the
verdict at the end of the trial.

44
Number ____ ___________________________

These are people who work for local and national papers, TV and radio. They cannot take cameras into the
court so often courtroom artists represent the scene of the trial.
Number ____ ___________________________

These are ordinary people who come to see the court case. They can go into the public gallery to watch the
trial. Sometimes, if the trial involves a famous person or is in the news, many people will want to follow and
see the court case.
Number ____ ___________________________

These are minor officers who are present in British courtrooms and who must help to maintain or keep order
during the trial.
Activity 2. Match the two parts of the sentences and decide who says each sentence.

1. It is my job to cross-examine a) order in the courtroom

2. It is my job to preside b) an oath not to lie

3. I am here to keep c) the evidence before we decide

4. At the end of the trial I must pronounce d) the witness

5. Before I give my evidence I must take e) over the trial and settle any arguments

6. We must listen to all f) the final verdict

Activity 3. Imagine you are in this courtroom. Who are you? Why are you in court? Write a sentence and
ask someone to guess who you are, e.g.
I am in this courtroom because I must give evidence to a robbery I saw last week. A witness
_______________________________________________________________________________________
_______________________________________________________________________________________

Activity 4. Below is an account of a typical ‘recorder’s’ day. A recorder is a type of judge.

- Before you read try putting the events of his day in order:

- do research on the case

- take off his wig and gown

- decide on a sentence

- read the ‘briefs’ – documents which explain and summarise each case

- put on his wig and gown

- listen to evidence and examine exhibits such as firearms

explain to the jury what law they must apply

Activity 5. Now read and check to see if you are right.

45
A day in the life of a Recorder
I am a barrister, more precisely I am a recorder of the Crown Court in criminal cases. People often ask
“what is a recorder?” and when I explain that I take notes in court, they are very surprised.
Recorders are part-time - or fee-paid - judges in the Crown or county court. If you want to be a recorder, you
must have minimum ten years experience as a solicitor or a barrister.
The alarm clock goes at 6am and  I arrive at court by about 8.45am. I never know what will happen during
the court day. I can have cases including assaults, drug and dishonesty offences.
If I am starting a new case, I identify the factual and legal issues involved and then do some research. With
my computer linked to the judicial intranet, it’s quick and easy to research authorities on line and prepare
necessary documents. It’s now 10.15am. and it’s time to put on my wig and gown ready to start.
The court staff and I work together to keep a punctual court timetable but it’s not always easy. Crown Court
buildings are structured so that jurors, defendants, witnesses, and the judiciary don’t meet.  Occasionally
a vital participant is late, goes missing or simply gets lost in the building. I try not to get impatient!  If a
defendant is late without a good excuse, I give a bench warrant for their arrest and/or withdraw bail.
In most trials I sit with a jury selected at random. Witnesses and defendants of all descriptions and
backgrounds give evidence. There are interpreters for those who need them. The evidence and cross-
examining of some witnesses can be fascinating. Exhibits like firearms, drugs, and quantities of money are
produced in evidence. Audio visual equipment is often used to show DVD and CCTV evidence.
It is my duty to conclude the case by explaining to the jury what law they must apply in reaching their
verdicts and telling them of the important evidence in the case.
Sometimes a jury can take hours, even days, to reach their verdicts. It is a big responsibility because the
consequences, especially for the defendant, are significant.
If a defendant is convicted, I must decide sentence After researching the legal position and considering the
evidence, I try to pass the most appropriate sentence for the offence and the offender.
The court day is over and I take off my wig and gown.  I can continue to work on the case or I can go back
to Chambers to work on my briefs. Then it’s home, sleep and …there goes that alarm clock again!
( taken and adapted from www.judiciary.gov.uk)

Activity 6. Can you understand from the passage what these words or expressions mean?
Choose the right definition for each expression.
1. A fee-paid judge a) one who receives money for his work
b) one who pays to be in court

a) 2. Give a bench warrant a) give an order for the person’s arrest

stop the police from arresting a person

3. Withdraw bail a) take away the person’s right to be free

b) give the person the right to leave the court

4. Firearms a) guns or pistols, weapons that shoot

b) instruments to light cigarettes

Activity 7. Would you like to be a ‘recorder’ or judge like this one? Explain why or why not. What do
you think is difficult or interesting about this job?

46
UNIT 12 LAW COURTS – PAST AND PRESENT
IN THE PRESENT
Activity 1. Look at these pictures of what happens in today’s courtrooms. These pictures are from an
American courtroom. Can you describe the scenes and what the people are doing?, e.g.
In this photo a witness is taking oath. He is in front of the court official with his hand up. Behind him there is the
judge who is sitting in the bench.

GRAMMAR REVIEW
A witness is taking oath. The judge is listening to him.
Use the present continuous tense to describe what is happening now, or in a picture or photo.

Use these words to write a description of this scene: attorney, exhibit, firearm, show, witness, policeman,
evidence, flag, judge, listen.

Use these words: attorney, final speech, jury, listen, final verdict, on the left, defendant, sit.

47
Write descriptions of the last three photos, then put all the photos in a possible order of events in a court
case. ( photos taken from www.fotosearch.com)
IN THE PAST
After the Dark Ages - about 1200-900 BC - and beginning at about 900 BC, the Ancient Greeks had no
official laws or punishments. Members of the victim’s family settled murders and killed the murderer. This
often began endless blood feuds. The Greeks first began to establish official laws only in the middle of the
seventh century BC. Around 620 BC Draco, the lawgiver, wrote the first known written law of Ancient
Greece.

GRAMMAR REVIEW
At about 900 BC the Greeks had no official laws
TIME + SUBJECT + VERB + OBJECT ……
They began to establish laws in the 7th century BC.
SUBJECT + VERB + OBJECT + TIME
The time clause is at the beginning or at the end of the sentence, NOT in the middle.

48
Activity 2. Put the words in order to make correct sentences. Remember the expressions from unit 7.
Decide in which order the sentences must go to make a summary.

1. wrote / Draco / about / 620 BC / the/ written / law /first / in

2. had / the / Greeks / no / laws / official/ 900 BC /around

3. at/ time/ that / the / family / victim’s/ the / killed / murderer

4. There / often / feuds / were/ this / time / during

in / laws / they / began / to /establish / the / 7th century BC / official / only

GREEK LAW GIVERS.
Activity 3: A law giver is a person who gives, or in this case, makes laws.
Often in English we put –er or –or on the end of the word to indicate ‘the person who does the action.’
What do we call these people?
A person who gives advice ______________________________________
A person who makes trouble _________________________________________
A person who creates a criminal offence_________________________________
A person who sits on a jury ____________________________________________
A person who makes a promise ________________________________
A person who pays taxes ______________________________________________
A person who rules, or governs a country _________________________________
Can you think of others?

Activity 4. To make the opposites of adjectives we can use prefixes, such as -un, -in, -im, or

- dis. What are the opposites of these adjectives?

Fair – _______________ legal - ____________________ lawful – __________________

Partial - ____________ offensive - _________________ professional - _____________

1. Activity 5. Some words or expressions are used to connect ideas. Look at these sentences. Do
you understand the meaning of the expressions in italics?

2. You must park your car in a parking space, otherwise you will have a fine.
3. You parked your car in a ‘no parking’ area. Because of this, you had a fine.
4. You can either park in the white lines or in the yellow ones, but not in the blue spaces.
5. All students passed the exam, except for Marco.
The exam results were very good, in fact only one failed.

Now match the expressions with their alternative

Otherwise so, for this reason

Because of this if not

Except for as a matter of fact

In fact apart from

49
Activity 6 . Now read the passage about law givers in Ancient Greece.
Law givers in ancient Greece were not rulers or kings, but officials who only wrote laws. The officials
in the government wanted to make sure that law givers did not take sides or were not a part of just one
group, otherwise it was possible to have unfair laws. Because of this, law givers were not a part of normal
government, but political outsiders.
One of the most famous law givers in Athens was Draco.  His homicide law is the first known written law of
Ancient Greece. Draco was extremely severe with his punishments. In fact, historians say that he established
death as the penalty for all offences.  After Draco, Solon became law giver in about 594 BC
The Greeks made Solon law giver in Athens because he was impartial.  They considered him a fair man,
and so he had full support from all the political parties.  When he replaced Draco, Solon eliminated all the
old laws except for the homicide law, and he created many new laws, especially in the categories of tort and
family laws.
Courts and Judicial System.
The Ancient Greeks needed a system to “try,” “convict,” and “sentence” guilty persons, so they created a
court system.  Ancient Greek courts were cheap and not governed by professional people. Court officials
were paid little, possibly nothing, and many trials were completed in the same day. There were no
“professional” court officials, no lawyers, and no official judges. A normal case consisted of two “litigants,”
one who argued that an unlawful act was committed, and the other argued his defence. The audience, or
“jurors,” voted for one side or the other. The result was either a guilty or not guilty, then another vote by the
jury decided the punishment.
(Adapted from the Encyclopaedia Britannica)

Activity 7. Answer these questions about the passage.

1. Why were law givers not part of the normal government?
2. How severe were Draco’s penalties?

3. Who was the law giver after Draco?

4. Did Solon keep any of Draco’s laws?

5. How long did a trial usually last?

6. What did a trial consist of?

7. Who decided if the offender was guilty or not guilty?

Activity 8. Discuss the differences and similarities between the ancient Greek law courts and our courts
today. Write a sentence giving a difference and a sentence giving a similarity e.g.
In today’s courts there are paid lawyers while in Ancient Greece there weren’t any lawyers.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

50
UNIT 13 OBLIGATIONS AND CONCESSIONS

When we follow the law we follow rules and regulations. They tell us what we can and cannot do or what we
must or mustn’t do.

Look at these import and export regulations by Estonia customs

IMPORT REGULATIONS
Importation of 200 cigarettes or 50 cigars are allowed
1 litre of spirits or 2 litres of wine are also permitted.

Restricted Imports:
Apart from some exceptions the Community rules do not allow the importation of meat, meat products,
milk and milk products by travellers.
Animal or plants:
Travellers must know that certain wildlife animals or plants are protected by the Convention of
Washington (CITES). The importation of these specimens is strongly restricted
Pets: Pet owners have to respect the Community rules on movements of pet animals.

Prohibitions and restrictions in the following areas are covered by national legislation:
-Drugs -Medicines -Weapons -Explosive Material -Pornographic Materials
If you need more information, please contact the competent authorities of your country of destination.

EXPORT REGULATIONS
Restrictions apply to certain items, including plants and vegetable products, firearms, diamonds
and antiques. Contact the authorities for further information (tel: (6) 967 436; e-mail: info@
customs.ee; website: www.customs.ee).
There are now no limits imposed on importing tobacco and alcohol products from one EU country
to another (with the exceptions of Denmark, Finland and Sweden, where limits are imposed).
Travellers should note that they may be required to prove at customs that the goods purchased
are for personal use only.
Exports:
Travellers holding a valid ticket for a destination outside the EU can buy goods free of duty and
tax in airports and ports. Travellers should remember that the importation of these goods in the
country of destination is subject to duty and tax allowances, similar to those applying to travellers
that enter the EU from a non Member State.

Other Estonia customs information

Certain vaccinations are advisable if visiting forested areas. Precautions should be taken against
tuberculosis. HIV testing is required for foreigners requesting work permits or residency.
Medical insurance is recommended.

51
Activity 1. Complete the lists:

WHAT YOU CAN WHAT YOU CAN’T WHAT YOU CAN WHAT YOU CAN’T
IMPORT IMPORT EXPORT EXPORT

- 200 cigarettes - meat, meat products - tobacco (in EU - certain firearms

countries)

GRAMMAR REVIEW

Talking about obligations. Look at these example sentences:

You must have a passport ( STRONG OBLIGATION TO DO)

You mustn’t take drugs into the country ( STRONG OBLIGATION NOT TO DO)

You have to respect regulations about pets. ( OBLIGATION TO DO)

You don’t have to declare small quantities of alcohol (NO OBLIGATION TO DO)

You should have a TB vaccination if you visit the forest areas. ( ADVISED TO DO)

NOTICE:
1. There is not much difference in meaning between ‘must’ and ‘have to’.
There is a big difference in meaning between ‘mustn’t’ and ‘don’t have to’

2. ‘Must and ‘should’ are modal, auxiliary verbs, so don’t use ‘do, does, or did’ in question and negative
forms: They have no past tense.
Must I take a passport? Yes, you mustn’t forget.
Should I get a vaccination? Yes, you shouldn’t go without a vaccination.

3. ‘Have to’ is a normal verb, so uses ‘do, does and did’ in questions and negatives.
It has a past tense.
Do you have to take a passport? Yes, but you don’t have to have a visa.
I had to get my passport yesterday

52
Activity 1. Circle the correct verb:

1) You mustn’t / shouldn’t import certain protected wildlife animals or plants.

2) You mustn’t / don’t have to declare all imported goods.

3) If you want to import medicines or explosive material you don’t have to / should contact the
authorities for more information

4) If you travel to Denmark you have to / don’t have to respect the limits on tobacco.

5) If you take a pet, you must / should respect the rules and regulations.

6) You should / mustn’t get a vaccination if visiting certain areas.

7) You shouldn’t/ should get a medical insurance

8) If you take alcohol or tobacco you don’t have to / should have documents to show they are for
personal use.

Activity 2. Rewrite these more formal sentences into more informal English using must, should, have
to, can or their negative forms, e.g.
Importing pornographic material is forbidden
You mustn’t import pornographic material

1) Taking certain vegetable products is allowed ________________________________________________

_______________________________

2) Almost all drugs are prohibited

______________________________________________________________________________
3) The importation of weapons is strongly restricted ____________________________________________
___________________________________
4) You are required to show your documents at the customs area __________________________________
____________________________________________
5) A visa is not needed when travelling within the EU. __________________________________________
_____________________________________
6) The purchase of tax-free goods at airports and ports is permitted. _______________________________
_________________________________________________
7) Travelling without the required medical precautions is not recommended _________________________
_______________________________________________________
8) It is advisable to travel with an adequate travel insurance.
________________________________________________________________________________
Activity 3. Write a set of rules and regulations for a new student entering your institution. What rules or
advice can you give for learning English well?
Write it in two versions, one formal using the expressions in bold in the activity above and in the Estonia
regulations, and the same rules in more informal English using the verbs in the grammar box, e.g.
You should bring your books to the lesson. Bringing books to the lesson is recommended
You must revise vocabulary constantly Revising vocabulary is required / is essential

53
UNIT 14 PROCEDURAL LAWS

Activity 1. Below are some United States’ procedural laws for the law courts.
Before you read, look at the grammar box.

GRAMMAR REVIEW
Look at these examples:
We may be late, we don’t know what time the train arrives.
If we are late, it might be a good idea to get a taxi
Students may bring dictionaries to the examination room.

The verbs ‘may’ and ‘might’ indicate: there is a possibility that …… .

Often, in more formal English ‘may’ is used to indicate: ‘ it is permitted to’
They are both modal, auxiliary verbs, like ‘must’ or ‘can’.
Negative form. We may not arrive in time. It might not be a good idea.

Activity 2. Now read the procedural laws and answer the questions.

Examining Jurors.
The court may permit the parties or their attorneys to examine prospective jurors or the court may do so.
If the court examines the jurors, it must permit the parties or their attorneys to make any further inquiry it
thinks right, or must ask any additional questions it considers proper.
During trial or deliberation, the court may excuse a juror for good cause.
Taking Testimony
At trial, the witness must give his /her testimony in open court if no other rules say otherwise. Only in
certain circumstances and with appropriate safeguards, the court may permit testimony in open court by
contemporaneous transmission from a different location.

Interpreter.
The court may appoint an interpreter of its choice; fix reasonable compensation to be paid from funds
provided by law or by one or more parties; and tax the compensation as costs.

Are these sentences true or false?

1. American attorneys or lawyers can have information about the people in the jury before a court
case._______________

2. The court authorities can have information about the people in the jury before a court
case._______________

3. The people involved in a court case can ask about the jury ______________

4. A juror cannot leave a court case after it starts __________________

5. A witness always has to testify in front of the public, that is, in an open court___________

6. The witness must be in the courtrooms, he cannot testify in another place _________

7. The court is allowed to name an interpreter _______________

8. The court cannot decide how much the interpreter is paid ___________
54
Activity 3. Find the grammar mistakes in these sentences and make the information correct.

1. When you travel to another country you has to have an identity card or passport.

2. You have not to have a medical insurance if you travel, but it’s a good idea.

3. If you are a witness you don’t must appear in an open court

4. If you are a defendant you must to not be late for the trial or the judge might withdraw bail

5. A person who is under 18 years old don’t may file a lawsuit.

6. The court have to instruct the jury about legal points so that they can reach a verdict.

7. Lay magistrates may to consult a legal expert if they need legal information.

8. In a civil case a plaintiff can appeals if he is not satisfied.

9. A witness hasn’t to give an oath before testifying.

10. The courts in America may examining jurors before the trial begins.

Activity 4. Look at the grammar box about question forms:

GRAMMAR REVIEW
Look at the examples:
Must the other person sign the contract? Are we allowed to smoke in here?
Does the claimant have to sign the contract? Is smoking allowed in here?

NOTICE THE SENTENCE STRUCTURE IN QUESTIONS:

VERB 1 + SUBJECT + VERB 2…..? THE SUBJECT IS BETWEEN TWO VERBS.

Activity 5. Imagine it is your first visit to Italy and you need some information. Make questions using the
words given about driving regulations. Ask another person. Can he/she give you all the information you
need? e. g.
Horn / use /allowed /at night?
Are you allowed to use the horn at night?
1. Warning triangle/ should / take / in the car?

2. Reflective safety vest / have to / take / or / only / recommended?

3. What / minimum speed / allowed / motorways?

4. Back seat passengers / must / wear / seat belt ?

5. International driving permit / required ?

6. How much / alcohol / you / allowed / to drink?

7. Dipped headlights / have to / have / on/ day?

8. What documents / must / have / in the car ?

55
Activity 6. These are some of the verbs, with others, in these last units. Put them into one of the columns
below:
allow – enforce - forbid –– let – permit - prohibit – restrict – require – have to – impose

VERBS THAT MEAN YOU VERBS THAT MEAN YOU VERBS THAT MEAN YOU
CAN DO MUST DO MUSTN’T DO

Activity 7 . Do you know their past tense forms? Complete the table with the correct form of the words

VERB PAST NEGATIVE PAST NOUN

allowed
didn’t enforce enforcement
can ………..
forbade ……….
let ……….
permission
prohibited
restrict
didn’t require
have to ………………
imposed
NOTICE THE STRUCTURES

SUBJECT VERB OBJECT

Export laws allow/permit agricultural goods TO enter a country

Some countries let vendors set the price of their

goods

56
Activity 8. Now read the passage about procedural laws in Ancient Greece and put the verbs into the spaces
in their right form:

PUBLIC AND PROCEDURAL LAWS IN ANCIENT GREECE.

Public laws dictated how the state should _______________ (provide) public services and how it should
conduct  public functions. Solon _______________(contribute) some of these laws.  He wrote laws that
________________ (forbid) the export of agricultural goods except for olive oil, laws that ______________
(restrict) the amount of land a man _____________ (can) have because, at that time, a man _______
( not be) allowed to have all the land he wanted. There _____( be) also laws that ______________
(allow) vendors to ____________ (charge) any kind of interest rate they wanted to, and even laws that
_____________ (prohibit) selling perfume
Procedural laws were guidelines that told judges how to use other laws. These laws told in step-by-step
detail how the government should ____________ (enforce) the law. Procedural laws even included details
such as how many witnesses ____________ (have to) be called for someone to be ________ (find) guilty of
homicide.

57
UNIT 15 REVIEW
Activity 1. A short quiz. In the courtroom…
1. Who gives evidence?
a) a witness b) a barrister c) a member of the jury
2. Who has to settle arguments?
a) the defence barrister b) the usher c) the judge
3. Who cross-examines the witnesses?
a) the foreman b) the judge c) the barrister
4. Who shows evidence?
a) the jury b) the prosecuting barrister c) the judge
5. In a civil case, who pronounces the defendant liable or not liable?
a) the judge b) the jury c) the press
6. Who receives a sentence?
a) a member of the jury b) the defendant c) the defence barrister
Activity 2. Put the two parts of the expressions together and say who usually does the action.

1. reads and studies a) order

2. can adjourn b) a final speech

3. keeps c) with a crime

4. gives d) bail

5. charges someone e) the case

6. might grant f) briefs

Activity 3. Do you know the driving regulations in Germany? Use the verbs in the box to complete the
information.
may – might – should – shouldn’t – have to – don’t have to – must – mustn’t – allowed – forbidden
If you are 18 years old, you __________ drive an imported car in Germany.

1. You _______________ exceed the speed limit or run out of petrol on the motorway because you
________ have a fine.

2. Taking petrol in a can is _____________ but it is _______________ on ferries and the Eurotunnel.

3. You ______________ use dipped lights at all times, but you ________ use your headlights if there is
restricted visibility.

4. You _________ wear a crash helmet if you are on a motorbike. It is compulsory.

5. You ________________have a warning triangle , but you are strongly advised to do so.

6. If you see a school bus which is stopping, you ______________ overtake. It’s forbidden.

58
Activity 4. Divide into 2 groups.
Group A has information about driving regulations in France, but wants to know about regulations in Spain.
Group B has information about driving regulations in Spain. But wants to know about regulations in France.
Prepare 5 questions in your groups on the following topics: driving requirements, lights, motorways,
passengers and children, any additional information.
When you are ready, ask someone from the other group for the information.
e.g. Do I have to pay on the motorways? Yes, you have to pay except for …………
How old do I have to be to drive? You have to be……….

GROUP A: Give this information to group B. Prepare similar questions about Spain.

FRANCE
Driving Requirements - Minimum age 18. Motorists must be driving licence holders driving cars (or
motorcycles over 80cc) temporarily.
Lights - Driving with sidelights only is prohibited. Motorcyclists using machines over 125cc must use
dipped headlights during the day. A set of extra vehicle bulbs is strongly recommended.
Motorways - Most motorways charge tolls, or payment, except for certain sections near large towns such
as Paris, or Bordeaux. The travel ticket gives all relevant information about toll charges, including the toll
category of the vehicle. Note: toll booths will not exchange travellers cheques.
Passengers & Children - Children under 10 must not travel in the front except for babies up to 9 months.
The appropriate safety belt is compulsory. NOTE: A small baby’s safety seat with an airbag in the front seat
is strictly forbidden.
Additional Information
The holder of a UK Passport who is not a British citizen may require a visa, check with the French
Consulate General.
Hazard warning lights or warning triangle are compulsory.
GROUP B: Give this information to group A. Prepare similar questions about France.

SPAIN
Driving Requirements - Minimum age 18 for UK licence holders driving temporarily imported vehicles.
Lights - Full headlights are prohibited in built-up areas. Motorcyclists must use dipped headlights during the
day. A set of extra vehicle bulbs is compulsory.
Motorways – You receive a travel ticket which gives all relevant information about toll charges, or
payments, including the toll category of the vehicle. Note: Toll booths will not exchange travellers cheques.
Credit cards are now accepted at Toll Booths in Spain. Tolls are charged on most motorways according to
distance travelled.
Passengers & Children - Children under 12 are only allowed to travel in the front seat if they use the
correct safety seat system
Additional Information
Two warning triangles are compulsory for all vehicles. It is recommended that visiting drivers who wear
glasses carry an extra pair in their vehicle, this is a legal requirement for Spanish drivers.

59
Activity 5. Put the right form of the word in brackets into the spaces:

1. Law ________________ is the responsibility of the police force.(ENFORCE)

2. Because of the special occasion last week, the university authorities __________ the students enter
the building.( LET)

3. In the past the law ________________ the export of agricultural goods. ( FORBID)

4. The 1920s was a period of _____________________ of alcohol in North America (PROHIBIT)

5. Law givers in ancient Greece were political outsiders otherwise laws might be _________ (FAIR)

Activity 6: Look at these sentences about today’s import/export laws

1. Today export/import laws allow the sale of most agricultural goods to other countries.

2. Some countries don’t permit all animals to enter.

3. Certain goods are also restricted, such as alcohol.

4. Some countries also forbid the importation of certain rare or exotic plants because of the ecosystem.

Now write similar sentences of your own. Write one sentence each on the following using the verbs you
have studied:

Export and import allowances and restrictions e.g. drugs, alcohol, rare animals etc.

_______________________________________________________________________
Laws on the sales of goods, e.g times and days, discounts etc.

________________________________________________________________________
A procedural law, e.g. giving oath, sentence by jury etc.

___________________________________________________________________________

Activity 7. WRITING PRACTICE

Read the dialogue below between two students at the California School of Law ( UCLA) who are
talking about rules and regulations during exams.

Marie: We’ve got the exam next week. Do you know what we have to do to enrol?
Carlos: Yes, you have to get an exam number from the office because you’re not allowed to use your name on the
exams. It has to be anonymous. You can’t get it by phone or email. Do you want to use your portable computer to do
the exam or hand write? You can choose.
Marie: I’m not sure. What’s the difference?
Carlos: Well, if you write by hand, you don’t have to take pen and paper because the university provides them. If you
use your portable, it’s complicated, in fact, you have to install special software and go to a special training session.
They also expect you to arrive fifteen minutes early to set up the computer.
Marie: What happens if you have problems with the computer?
Carlos: They don’t allow you any extra time. They just give you pen and paper and you have to start writing. If you
start up the computer again yourself, they consider it cheating!
Marie: Can you look up notes on the computer?
Carlos: Absolutely not! And you can’t have any books, notes or bags on or near your desk. Remember to give in your
answers and your exam paper at the end of the exam, otherwise they can refuse it.
Marie: What if you’re ill during the exam?
Carlos: You have to tell the invigilator immediately.
Marie: I suppose you aren’t allowed to go out during the exam.
Carlos: Well you can but only if it’s absolutely necessary and only for a few minutes. 60
Marie: And if you finish early?
Carlos: You can go out if you finish, but not five minutes before the end.
Marie: You seem to know a lot about taking exams.
Carlos: I know all about taking exams because I can’t pass them!

Now read the examination rules and complete the information using the expressions below:
is/ are required - must - is/ are (not) allowed - may - should – is/are prohibited
GENERAL EXAMINATION RULES
Law students are responsible for reading and following all examination rules and procedures.
The following general rules apply:
1. ANONYMITY – The law school uses an anonymous system. For identification, students ….._________
______________________________________________________________________________________
____________________________________________________________________________ Asking for
exam numbers on the phone or by email ___________________________________________
2. HANDWRITING EXAMS – Students __________________________________________________The
university gives pens and extra paper if necessary. Students should expect to use the handwriting exam room
with students from other classes.
3. COMPUTERS – Students who plan to use their laptop computer to take exams ……..________________
_______________________________________________________________________________________
_______________________________________________________________________________________
4. TIME - Students who are using computers _______________________________________________
______________________________________________________________________________________
The Law School does not assume responsibility for the security of portable computers.
5. COMPUTER PROBLEMS - No extra time__________________________________________________.
In fact, the Law School cannot claim responsibility. Examination paper and pens are in the room and the
student __________________________________________________________________
If there are computer problems …. _________________________________________________
If the examination security software needs restarting during an examination, a staff member __________
____________________________________ Otherwise, it is considered cheating.
6. MATERIAL AVAILABLE – Using computers for access to class notes during an examination
_____________________________Only exam materials such as the exam questions and pens___________
_____________________________________________________. Bags or cell phones near the desks_____
_________________________.
7. NO TALKING – Talking or sharing written materials with another student during an examination _____
____________________________
8. RETURN EXAM QUESTIONS – Students ________________________________________________ if
a student does not have the exam questions included, a university member ________________________
9. ILLNESS – If a student becomes ill during an exam and cannot continue, he or she ________________
_____________________________________________________________________

10. LEAVING THE EXAM ROOM –Students _________________to leave the exam room only _________
_____________________________________________________________________________
11. EXIT QUIETLY – Upon completing an exam, students________________________________________.
If you finish with 5 or less minutes remaining for the examination, _____________________________

61
Activity 8. Read the notice below and complete the dialogue.

NOTICE
PLAGIARISM – Students who commit plagiarism or who are otherwise caught cheating on examinations or papers, are subject
to the University disciplinary proceedings.
Fine modulo
If a formal hearing is necessary, university regulations provide the following minimum procedural standards to assure the
accused student a fair hearing:

a. Written notice, including a brief report of the facts of the charges, or the regulations violated; the time and place of the
hearing,

b. The opportunity for a fair hearing where the University has the burden of proof. The student has the opportunity to
present documents and witnesses and to confront and cross-examine witnesses presented by the University.

( taken and adapted from the University of California, UCLA School of Law website)

Marie: Carlos, did you read the notice about what happens if you cheat or copy from other sources?
Carlos: No. What happens?
Marie: Well, you _________________________ a hearing, a kind of university trial.
Carlos: What! Do you __________________ prove you are innocent?
Marie: Not exactly, it is the university who __________________ prove that you are guilty. But you ______________
to take a report giving all the facts and information, and you can ___________________________________________
_________ to defend yourself.
Carlos: Thanks! I think I’ll just remember to check I haven’t copied anything illegally, it’s not so much work!

62
UNIT 16 A FAMOUS LAWYER AND HIS FAMOUS CASE
Activity 1. Look at these sentences. Discuss and decide for each sentence:

- Who does or did the action – the criminal or the policeman?

- When? Now or in the past? How do you know?

1. The criminal is shooting at the policeman
2. The criminal is shot by the policeman.
3. The criminal shoots the policeman
4. The policeman shot the criminal.
5. The policeman is shot by the criminal.
6. The policeman was shot by the criminal
Activity 2. Look at the grammar box for an explanation:

GRAMMAR REVIEW

ACTIVE AND PASSIVE SENTENCES.

ACTIVE: means when the subject of the sentence DOES the action
The lawyer questions the witness.
Active subject verb (present tense) Object
The lawyer questioned the witness
Active subject verb ( past tense) Object
PASSIVE: means the subject of the sentence RECEIVES the action.
The witness is questioned by the lawyer
Passive subject verb ‘to be’ (present ) past participle by + who does the action
The witness was questioned by the lawyer
Passive subject verb ‘to be’ (past) past participle by + who does the action

NOTICE:
In a passive sentence the verb ‘to be’ shows the tense and is followed by the past participle
In a passive sentence ‘by’ introduces the person who does the action.

Activity 2. To form a passive tense, you must know the past participles of verbs, e.g.
Regular verbs:

Infinitive
Simple past Past participle
live lived lived
Irregular verbs:
Do did done
Have had had
Go went gone
Make made made

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What are the past and past participles of these verbs? Finish the table:

Infinitive Simple past Past participle

be
became
begun
behave
deal with
driven
gave
hear
hide
kept
lost
saw
sent
shot
show
stole
taken
tell
withdrew
write

Activity 3. Use the verbs above and others to finish the sentences. Decide when you need the past and when
you need the past participle.

1. Some valuable pictures were _____________ from an art gallery last night ( STEAL)

2. The case was _____________ on the local TV and radio.(HEAR)

3. The judge _______________bail because of the defendant’s bad behaviour. (WITHDRAW)

4. The contract was ________________ and signed by the two parties.(WRITE)

5. The thief _____________ the jewellery in a safe place.(HIDE)

6. The defendant was __________ a final warning (GIVE)

7. The case was __________ by a large public. (SEE)

8. The barrister ______________ off his gown after the trial had finished. (TAKE)

9. The policeman _______________ the evidence to the defence barrister (SHOW)

10. The suspects were _____________ away in a black police car. (DRIVE)

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Activity 4. You can use the passive form in all tenses. Look at the examples below:

Present continuous The judge is pronouncing the sentence at the moment.

The sentence is being pronounced at the moment.

Future tense The judge will pronounce the sentence tomorrow morning.
The sentence will be pronounced tomorrow morning.

Modal verbs: Must In common law, the court must prove the offender guilty.
In common law, the offender must be proven (or proved) guilty

Can The High Court can modify a sentence made in a Crown court
A sentence made in a crown court can be modified by the High court

Should We should respect the law

The law should be respected.

May The magistrates may decide to transfer a case to a higher court.

A case may be transferred to a higher court.

The verb ‘have to’ A lawyer has to defend his client.

The client has to be defended by a lawyer.

NOTICE: The verb ‘to be’ always shows the tense and is followed by the past participle.
Activity 5. Are these sentences passive or active? Who does the action and who receives the action?

1. The criminal was taken to prison.

2. The police took the criminal to prison

3. The contract was signed by the lawyer.

4. A shoplifter may be fined or put on probation

5. A judge may fine or send an offender to prison.

6. Family cases are heard in either county courts or Magistrates’ Courts.

7. A member of the jury must be at least 18 years old.

8. About 95% of all criminal cases are tried in the Magistrates’ Courts.

9. The County Court hears complex civil cases.

10. The ushers are bringing in the defendant now.

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Activity 6. Change these sentences from active to passive

e.g. The defence lawyer won the case last week

The case was won by the defence lawyer last week

We should sue our neighbours for damages.

Our neighbours ________________________________________________________________
The claimant will bring evidence of the damage.
Evidence __________________________________________________________________
They can take you to court for trespassing on private property.
You_________________________________________________________________________
The police must produce evidence before they can arrest someone.
Evidence ____________________________________________________________________

Activity 7. Change these sentences from passive to active.

e.g. The burglar was identified by an eye-witness

An eye-witness identified the burglar.

1.A decision will be taken by the jury tomorrow

The jury ____________________________________________________________________
A letter was sent to our client by the secretary yesterday.
The secretary _________________________________________________________________
3. In a magistrates’ court points of law are dealt with by a court clerk.
In a magistrates’ court, a legal clerk ______________________________________________
4.The shoplifter was given a fine by the magistrates.
The magistrates _______________________________________________________________

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Activity 8. Read the passage below about a famous lawyer and his famous case. While you read, write in the
verbs in the correct tense, active or passive. Remember it is in the past.
CLARENCE DARROW, A FAMOUS LAWYER.

Clarence Darrow is a very famous attorney in American legal history. He _________________(know) for
his ability to make emotionally moving speeches. He could move judges to tears with his ability. During his
career, Darrow always______________ ( oppose) the death penalty which, in his opinion, was in conflict
with humanitarian progress. Darrow only ___________ ( lose) one murder case in Chicago.
A famous case – the defence of Mr. Ossian Sweet.
A group of white people in Detroit ___________(try) to push a black family out of their home which was
in an area where only white people_________ (live). In the fight, a white man ___________( kill), and the
eleven black men in the house ____________(arrest) and ____________(charge) with murder. The black
man, Dr. Ossian Sweet, and three members of his family _______________ (bring) to trial. During the trial,
Darrow __________ (speak) to the all-white jury and he _______ (say) that the case was based on racial
prejudice. The jury ___________ (can not) agree on a verdict and the case ________________ (drop).
Later, the court _____________ (decide) that the 11 accused men should ________________( try)
individually. First, Darrow and another lawyer ________________ ( defend) Ossian’s brother Henry,
who confessed that he had fired the shot on Garland Street. Henry ___________ (find) not guilty on the
grounds of self defence and the prosecution decided to drop the charges on the remaining 10 men. The trials
___________________ (preside) over by the Honourable Frank Murphy, who _________________(become)
a judge of the Supreme Court of the United States. At the end of the trial, Darrow ________ (make) a speech
which was 7 hours long and it ____________( see) as a very important step in the Civil Rights movement.
The speech _______________( include) in the book ‘Speeches that Changed the World’ (given the name ‘I
Believe in the Law of Love’)
Activity 9. Match a verb on the left with a noun on the right Most of the expressions are in the article.
.
1. To make a. a crime
2. To charge b. guilty
4. To drop c. a speech
5. To bring e. charges
6. To plead f. to trial
7. To commit g. with murder

Activity 10. Complete these sentences with expressions from above.

1. At the end of the Sweet trial, Darrow ______________________________ which lasted 7 hours.
2. The prosecution ________________________ on the ten black men after Henry Sweet’s trial.
3. The eleven black men were arrested and _________________________

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UNIT 17. COMMON LAW V. ROMAN CIVIL LAW.

Each country has its legal system which comes from its history and culture, but there are basically two
systems: Roman civil law is the predominant system of law in the world, and is used, for example, in
France, Spain and Italy. The other system is the common law system, which is the legal system used
principally in the Anglo-Saxon parts of the world, such as Britain, Australia and America. Other countries
use a mixed combination of the two systems, such as in Scotland, Canada and South Africa.

Activity 1. Read these sentences. Discuss and decide if they are true, partly true or false.
It is called ‘common law’ because it comes from the traditional, social rules of behaviour of the common
people.

1. Written laws are called statutory laws.

2. Murder is a statutory law in all countries whereas theft is not a statutory law .

3. A judge has the same power in all countries.

4. In common law countries judges are trained in a different way from lawyers.

5. There are juries only in the common law system.

6. German court trials are generally long while French trials are short.

7. In France judges are chosen from the best lawyers.

Activity 2. Read about the differences in the two basic legal systems and find the answers to the statements
above.
1. Historically, common law was the law that came from the custom of the people. It began before there
were written laws and continued to be used after there were written laws, while civil law developed from
the written Roman laws of Justinian.
2. In civil law countries, the law is based on written legislative codes. These are called ‘statutory laws’. The
judges and courts make their decisions based on these. They have to work on the basis of general rules
and principles written in a code of laws.
By contrast, in the common law system, the law is based on three principle factors:
Unwritten common law principles
It is based on unwritten laws which are the customs of the people. For example, murder is a common law
crime while theft is a statutory crime. Murder is not in a written code of English laws, but, by tradition or
custom it is considered a crime, while theft is written as a crime in statutory law.
Judicial Precedent
It is based on the decisions of judges in legal cases. When judges make decisions and give reasons for
their decisions in court cases, these decisions can become laws for other judges to follow in similar cases
in the future. In other words, a judge’s decision in a court case can make a new law. This doctrine is called
‘judicial precedent’. It means that if a legal principle is made by a judge in one case, it is fixed and must be
kept for similar future cases. This principle has the Latin name: ‘stare decisis’.
Equity
It is based on the laws of ‘equity’. Equity means ‘fairness’ It means a set of rules which the courts can
use if the common law rules are not adequate or are unjust. If the rules of common law and the rules of
equity do not agree and are different, equity has precedence.

68
3. There are other differences also. For example, it is said that common law trial cases can be long
because the two sides argue and discuss the case. By contrast legal discussions in civil law countries are
usually very short and formal. This may be true in France, but court cases in German-speaking countries
can be long too.
4. The training and selection of judges is different from country to country. In some Civil law countries
judges are trained and promoted separately from lawyers, whereas common law judges are usually taken
from the top attorneys or lawyers. In Scandinavia judges are attorneys who ask for this position, while
France has a specialized graduate school for judges.
5. Another difference between legal systems is that not all countries have a jury for high court cases as
in common law countries. In Scandinavian nations, for example, there is a tribunal that consists of one
civilian and two trained legal professionals.
Activity 3. Complete the table
COMMON LAW ROMAN CIVIL LAW
Applied in England, ……………….. Applied in Italy, …………..

Based on people’s customs, Based on …………..………….. laws called

statutory laws, the doctrine of s………………………. laws
…………………………..…………… and the rules
of …………………..
Judges are trained and experienced Sometimes judges
lawyers ……………………….…………..separately from
lawyers
Trials can be long because the two sides Trials can be ……………………………
discuss.

High court criminal cases have a …………. There is not always a …………. in high
court cases.

Activity 4. In the text there are different words or expressions we use when comparing or explaining
differences, e.g. – but, - while, - in contrast, - by contrast, - ….is different from, - another difference
is ….. There is one other word. Can you find it?
Look at the text and notice how the expressions are used. Do they go at the beginning or in the middle
of the sentence, or at the end?
Using the table above and the expressions, write one or two sentences about the difference between the
legal systems. Close your books and give the information to another student, e.g.
Common law is applied in…………… while civil law is ………………………………..

__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________

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Activity 5. Using the right form of the word.
A. Put these words into the sentences:
write – wrote – writing - written – unwritten

1. It is difficult to ____________ with your left hand.

2. I am _________________ a letter to my friend.
3. ______________ laws are called statutory laws.
4. ____________________ is a form of art.
5. Last year the students ________________ an article in the local newspaper.
6. The ten Commandments are ______________ in the bible.
7. Traditional customs are a set of _____________ rules and regulations
8. I often __________ messages on my phone.

B. Put these words into the sentences:

fair – unfair – fairness – unfairness – fairly - unfairly

1. A judge’s responsibility is to make sure the trial is ___________

2. Equity was started because sometimes a rigid legal system can be ___________
3. A referee in a sports match must make sure that the game is played _____________
4. If you want ______________ you must be just and impartial.
5. Some participants had no money and some had all. The money was distributed ____________
6. ________________ can be a result of impartiality

C. Put these words into the sentences:

legal – illegal – legality – illegality – legally - illegally

1. When the two parties sign a contract it becomes ____________

2. If a contract is signed by the two parties it is _____________ binding, that is it must be respected.
3. If your document is _________ you cannot enter a foreign country.
4. If you break into another person’s house you are entering__________
5. You sometimes need a lawyer or a notary to make sure there is no ______________
6. ________________ is an essential part of a lawyer’s or judge’s principles.

D. Can you make 5 more words from the word JUST?

_______________________________________________________________________________
Use two of them in these sentences:
1. Equity is a set of rules which are used if the common law is ___________
2. It is the responsibility of the legal system to do ____________

E. Can you find 8 more words from the word LAW?

_________________________________________________________________
_______________________________________________________
Use two of them in these sentences:
1. ________________ behaviour is not accepted in this institute
2. All of the students must behave _______________

70
A map taken from Wikipaedia showing the different legal systems around the world.

blue – civil law

dark orange – common law
dark green- customary law
light orange – religious law
dark brown – common and civil law
light grey – unknown

71
UNIT 18 COMPARING JUDICIAL SYSTEMS AROUND THE WORLD.

Activity 1. Can you find pairs of opposites in the box below?

bad - complicated - difficult - easy - easy-going - empty - few - full - good - heavy - high -
light – less - long - low - many - more - narrow - simple - short - strict - strong - weak - wide

GRAMMAR REVIEW

Look at these examples comparing emails and letters:

Emails are usually shorter than letters
It is easier to send an email than a letter
Letters are often more complicated than emails
Emails are less complicated than letters
Emails are not as long as letters
Emails can be as important as letters

NOTICE:
To compare two elements using a one-syllable adjective, add –er to the adjective followed by
‘than’, e.g. short – shorter
Long - longer
Easy - easier ( adjectives that finish with consonant + y)
For long adjectives, use ‘more’, e.g. more complicated, more easy-going
To express equality, use as………as

NOTICE:
There are some exceptions:
Good – better
Bad – worse
Little – less
e.g. Many people think emails are better than letters
You have less sugar in your coffee. I have more.

72
Activity 2. Look at the sentences below and write the correct comparative form of the word in brackets to
give the right information, e.g.
The magistrates’ court is a lower court than the Crown court.(low)
Magistrates’ courts deal with less serious offences than the other courts.(serious)
There are not as many solicitors in Britain as barristers( many)

1. Magistrates have _______________ training than other judges ( formal )

2. _____________ penalties are given in the High courts than in the County courts.(great)
3. Murder is a ___________________ offence than shoplifting.(serious)
4. Trials in Germany are often ______________ as in France.(long)
5. The rules of equity take precedence over common law. Equity has ______________ (power) and is
______________ (strong) than common law.
6. A lay magistrate’s role is ___________________as a district judge’s role.( difficult)
7. Magistrates have to give ______________ sentences than judges in other courts (light)
8. There are _______________ barristers in Britain than solicitors ( few)
9. Barristers are generally ___________ paid than solicitors (good)
10. The police force are ______________________as lawyers in the judicial system (important)

Activity 3.Choose what you think is the right word from those below. Discuss and write one in each
sentence so that it gives your opinion.
More - less - fewer

1. Prosecutors have _____________ power in common law countries than in civil law countries.
2. Judges have __________ power in common law countries than in civil law countries.
3. There are __________ judges in a civil law trial than in a common law trial.
4. There are __________ judges to decide on the sentence in common law trials than in civil law trials.

Activity 4. Now read the passage about judicial systems to find some of the information.
Read also to find the following information:

1. How many differences between the two main systems does it mention?
2. Do the common law countries all have exactly the same system?
3. What do you learn from this passage that you didn’t know before?

JUDICIAL SYSTEMS AROUND THE WORLD.

The differences between judicial systems around the world are obviously a lot more complicated
than the explanation in this article, but we can have an idea of the different methods used in different
countries.
In general, there is a difference between the distribution of the four principle functions present in all judicial
systems: investigating, prosecuting, judging and sentencing.

PROSECUTING AND INVESTIGATING

The prosecutor in Anglo-American countries has a variety of names: in the USA he is called the District
Attorney, in England he is the Prosecuting barrister, in Canada he is the Crown Attorney.
The important difference between his role in the common law countries and that in civil law countries,
however, is that in common law countries he does not investigate, judge or give the final sentence. His role
is separate, but he has significant power. In common law countries he can decide if the criminal must be
prosecuted or not, and also what crime he or she is accused of. Prosecutors in America also decide if the case
will be heard in the lower or the higher courts.
73
In contrast, the prosecutor in European civil law countries cannot decide if the criminal must be prosecuted
or not. He must prosecute all the criminals that come before him.
JUDGING AND SENTENCING
Another difference is the function of sentencing.Who gives the verdict, and who gives the sentence? Usually
in common law countries the person who gives the sentence is separate from the person who decides the
verdict - guilty or innocent. There are some exceptions, but generally in common law countries the jury
gives the verdict and the judge gives the sentence. In fact, the judge has a lot of responsibility and power
in deciding the sentence. He can decide the type of sentence and, for example, how long or short a prison
sentence is.

We can compare this with European civil law countries where there is a judge who presides over the trial
and is responsible for calling and questioning the witnesses, but usually there is more than one judge to
make the final decisions.There may be a combination of judges who discuss the verdict and the sentence
together. There is also a difference in sentencing because in civil law countries there are strict rules on
sentencing so the judges have less power when making this decision than in the common law countries.

Activity 5. Read more carefully and answer the following questions:

Does the prosecutor investigate the case in America or England?
_______________________________________________________________________________
What type of decisions must he make?
_______________________________________________________________________________
In civil law countries does the prosecutor have the same power?
_______________________________________________________________________________
In common law countries, who decides on the sentence?
_______________________________________________________________________________
Can the judge in common law countries decide how light or how heavy the sentence is?
_______________________________________________________________________________
Do the judges in civil law countries have the same power?
_______________________________________________________________________________

Activity 6. With another student, discuss and answer the questions about the judicial system in your
country.

How many judges are there in a criminal case?

______________________________________________________________________
What power does the prosecutor have?
______________________________________________________________________
Who decides on the sentence?
______________________________________________________________________
Is there a jury in some cases? If so, in which cases?
______________________________________________________________________
Who presides over the court?
______________________________________________________________________
Where do the judges sit in a trial? Is there a special bench?
______________________________________________________________________

74
Do the lawyers wear a wig and gown?
_______________________________________________________________________
How many courts of appeal are there?
_______________________________________________________________________

Activity 7. Close your books. Imagine that another student is a foreign visitor who wants to know
about the judicial system in your country. Ask and answer as much information as possible.

75
UNIT 19 JUDGE- MADE LAWS

Activity 1. Look at the following questions and think of your answers. Read the grammar box first.
When you are ready, ask another student the questions.

• Have you ever seen a TV or radio commercial or advertisement which made an exaggerated
claim or said something you know was not true?
If so, what was it?
Did you tell other people about it?
Did you buy the product?

• Have you ever tried a medical remedy such as a special cream, or pills to make you slim or
extra strong?
If so, did it work?
If it didn’t, did you take it back and complain?
Where did you find the product? In a shop? In a chemist’s? In a magazine advertisement?

• Have you ever bought a defective product, such as a high-tech product or bad quality clothes?
If so, what was it?
Where did you buy it?
Did you make a complaint?
Did you get your money back or exchange it?
Did you keep it? If so, how long did it last?

GRAMMAR REVIEW - PRESENT PERFECT SIMPLE

Look at the examples:
4. Have you ever bought a defective product?
Yes I have or No I haven’t or
No, I have never bought a defective product.
• The verb is in the present perfect: to have + past participle because there is ‘ever’.
‘Ever’ and never are non-defined times, not finished, past times.
• As always, in the question form, the subject is between the two verbs.

5. When did you buy it? I bought it in May.

• The verb is in the simple past because ‘when’ defines the time in the past.
Use the past simple if the time is finished and defined

NOTE:
1. You use have + past participle (present perfect) with non-defined times such as ever, never.
You use past simple with finished past times such as last week, in May, yesterday, an hour
ago

2. When you ask about new experiences, the first question is often with an open time, so present
perfect + ever. The questions which follow are often about a closed time, so in simple past:
- Have you ever studied French?
- Yes I have. I studied French when I was in school.
- Did you like it? Yes I did.

76
Activity 2. Complete these questions using the verb in brackets and in present perfect or past simple.
Ask the questions to another student and ask other questions to find out more information.
1. ( buy) you ever anything illegal?
2. ( sell) you ever anything illegal?
3. ( go) you home late last night?
4. ( steal) someone ever your car?

Activity 3. Read the following statements. Discuss them together and give your opinions:
• All publicity must say the truth.
• Publicity is sometimes fraudulent.
• A TV or radio commercial is allowed to make exaggerated declarations, for example: ‘We
can fly you to the moon!’. It is not illegal.
• We must believe what we read in the newspapers or in the media.
• When a company offers something in a TV commercial it is making a legal contract with
the general public.
• It is illegal to sell a defective product.

Activity 4. Here is the story of a law case about advertising, or publicity, and the rights of the consumer. It
is an example of ‘judicial precedence’ where the judges’ decisions helped establish future statutory laws.

Before you read, look at the box below.

Usually the verb, TO BIND means UNITE, or JOIN or CONNECT.

In legal language BIND means ‘IMPOSE LEGAL OBLIGATIONS ON …
e.g. In common law a lower court is bound by the decisions of a high court
This contract is binding. We are legally obliged to follow it.

Activity 5. First read and decide on the following:

1. Is this a civil case or a criminal case?

2. Does this case involve public law or private law?
3. Who is the defendant?
4. Is Mrs. Carlill a claimant or a prosecutor?
5. Is there a jury? Why or why not?
6. Who won the case? How many times?
7. Is the person who lost guilty or liable?
8. Why is the case an example of judicial precedence?

Carlill v Carbolic Smoke Ball Company (1892)

This legal case is a very old case, but it is significant in English legal history because it helped to establish
some important legal principles. It was between a woman, Mrs. Carlill, and a production company.
A company produced a special medicine which was called the ‘Carbolic Smoke Ball’. The company claimed
that if you took this special medicine, it prevented influenza, or flu. The smoke ball was a rubber ball with a
tube. In the ball there was carbolic acid (phenol). The tube was inserted into the user’s nose. The vapours
went into the person’s nose and cleaned the nose .This is what the company claimed, in fact it probably only
caused inflammation.
They publicized this medicine in all the newspapers and said that if people got influenza after using this
product and following the instructions given, the company would give a sum of £100. This was a lot of
money at that time. Here is the publicity:
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“£100 reward will be paid by the Carbolic Smoke Ball Company to any person who gets epidemic influenza
colds, or any disease caused by taking cold, after having used the ball three times a day for two weeks as
established by the printed directions given with each ball.
£1000 is deposited with the Alliance Bank, showing our sincerity.
Mrs Louisa Carlill saw the publicity, bought one of the balls and used it three times a day for nearly
two months, then she got the flu on January 17, 1892. She claimed £100 from the Carbolic Smoke Ball
Company. They ignored two letters from her husband, who was a trained solicitor. When she wrote again a
third time, they replied with an anonymous letter that if the medicine was used correctly, the company was
sure of the smoke ball’s efficacy, but “to be protected against all fraudulent claims” they asked her to come
to their office to use the ball each day and be checked by the secretary. Mrs Carlill decided to file a lawsuit
and take them to court.
The barristers who represented her argued that the advertisement was a type of contract between the person
and the company. For this reason, the company should pay the £100. The company said that it was not a
serious contract.
The Carbolic Smoke Ball Company lost its case and appealed to the High Court. The Court of Appeal did
not accept the company’s case and said that there was a complete and binding contract for £100 with Mrs
Carlill.
The reasons that the three judges gave were:
(1) that the publicity was a unilateral offer to all the world

(2) that if a person followed the instructions given by the company, it indicated that the person accepted the
offer

(3) that the company used the offer only to sell as many smoke balls as possible.

(4) that the company’s claim that £1000 was deposited at the Alliance Bank showed the serious intention to
be legally bound.

This case is important because it established some basic principles of contract law in every day life. It
established that:

Showing publicity that intentionally gives wrong or false information to the public is a criminal offence.
Consumers must be protected from defective or unsafe products. Later, this created a statutory tort law for
defective products.
Activity 6. Now read again and answer the following questions with complete sentences:
What did the company produce?

____________________________________________________________________________
Did the company have proof that the medicine worked?

____________________________________________________________________________
What did they offer people if it didn’t work?

_____________________________________________________________________________
Did Mrs. Carlill follow the instructions given?

_____________________________________________________________________________
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How many letters did she write?

_____________________________________________________________________________
Was she a lawyer?

_____________________________________________________________________________
Did the company admit or deny that the medicine didn’t work?

______________________________________________________________________________
Why did the company say that the contract was not serious?

_______________________________________________________________________________

Activity 5. Discuss these points:

• Do you agree with the judges’ decision? Why or why not?

• Was the Smoke Ball company’s publicity fraudulent?

• Do you know of similar cases?

79
UNIT 20 REVIEW
Activity 1. Change these sentences from active to passive.

1. The police could charge the man with murder.

The man _____________________________________________________________________
2. The court will hear the case tomorrow.
The case ____________________________________________________________________
3. They made a final decision last Thursday.
A final decision______________________________________________________________
Change these sentences from passive to active.

1. The thief was given a fine by the magistrates.

The magistrates _______________________________________________________________
2. A serious crime was committed by a group of hooligans last week.
A group of hooligans ___________________________________________________________
3. All the evidence is evaluated by the judge.
The judge ____________________________________________________________________

Activity 2. Use these verbs to finish the sentences. Put them in the passive form.
Use present tense: ( regular, every-day action) or past simple tense ( action in a past time)
e.g. The accused was charged with arson.

deal acquit preside bind award prosecute

charge steal find convict accept fine

1. Trials in the higher courts ____________________over by a judge.

2. The conditions of the contract ______________________ by both parties and signed.
3. The accused ______________________ for theft.
4. The claimant ____________________ damages of 5,000 euros by the court.
5. A famous painting _____________________ from the art gallery last night.
6. The driver _____________________ for speeding.
7. The man ______________________ of manslaughter and sent to prison.
8. The defendant ___________________ not guilty and ___________________ of his crime.
9. Lower courts ________________________ by higher courts on matters of law.
10. In Britain, criminal offences ________________________ with by the Crown and High courts.

Activity 3. A short quiz on legal Systems and jurisdictions.

1. Officially written laws are called….

a) equity laws b) statutory laws c) common laws

2. Equity is a set of rules which…..

a) has precedence over common law b) has precedence only in the lower courts
c) is only used for criminal cases

3. In France judges are….

a) qualified lawyers b) specialised professionals
c) the best barristers

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 4. In Britain judges are…..
a) the best lawyers b) better qualified than lawyers
c) have to have different qualifications from lawyers

5. In America the prosecutor cannot decide……

a) on the sentence b) on the court
c) on what crime the criminal will be accused of

6. The judges in Britain have….

a) less power to decide on the sentence than in Italy
b) more power to decide on the sentence than in Italy
c) the same power to decide on the sentence as in Italy

7. In Italy there are……

a) fewer trials by jury than in Britain
b) more trials by jury than in Britain
c) about the same number of trials by jury as in Britain

Activity 4. Complete these questions using the verb in brackets and in present perfect or past simple.
Ask the questions to another student and ask other questions to find out more information, e.g.
- Have you ever taken something from a shop without paying?
- Yes I have.
- When did you do it?
- When I was about 7 years old. I took a toy and went out of the shop with my mother.

1. ( make) you ever a complaint about something?

2. Where ( go) you last night?
3. (break) you ever another person’s property?
4. When (be) the last time you ( sign) a document?

Activity 5. Imagine that you need a lawyer to help with a problem with a problem with your house.
You have two possible lawyers to choose from.
Student A looks at the information about Olivia Newton.
Student B looks at the information about Manuel Carreras.
Ask and give information about the lawyers. Compare them,
e.g. Olivia is ………. years old. Manuel is …….. years old, so Olivia is younger than……..
Olivia has had 3 years experience, How much experience has Manuel had? etc.
Decide which one you would like to ask to help solve your problem:
STUDENT A:
OLIVIA NEWTON
Age: 29
Nationality: Scottish
Qualifications: Bachelor’s Degree in Law ( Liverpool University)
Specialisation: Civil law, in particular Conveyance
Experience: Free-lance work. 3 years in legal office with 2 other solicitors.
Languages: Mother-tongue English, fluent French and Italian

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STUDENT B:
MANUEL CARRERAS
Age: 40
Nationality: Spanish
Qualifications: Bachelor’s Degree in Law ( University of Madrid)
Specialisation: Civil law, in particular Company law
Experience: 12 years in large legal office in Rome. Many important clients
Languages: Mother tongue Spanish, fluent Italian
Activity 6. WRITING PRACTICE
Read the dialogue between a client, Mr. King and his lawyer, Mr. Ferri.

Mr. King: You see, Mr. Ferri, I work in a warehouse and we have to move really heavy boxes around with big
machinery. The other day I was moving some boxes and Jim, another worker was on the lifting machine. Suddenly,
he lost control of the vehicle and a five –ton box fell on my foot. They took me to the hospital immediately and
they gave me an x-ray. They said that the bones of my foot have been severely damaged. They don’t know if the
foot will go back to normal. I’ve paid the insurance, but now the insurance don’t want to pay me what I asked for
and I’ve already lost three weeks’ work and my boss isn’t very happy with the situation. What should I do, Mr. Ferri?
Mr. Ferri: Does Jim admit that he was responsible?
Mr. King: Yes, he says it’s partly his fault, but also that the lifting machine needs repair and so it’s not so easy to use.
The company should look after their machinery better. Do you think I can get some compensation?
Mr. Ferri: You should have compensation. I need to see the documents from the hospital and from the company. I’ll
write to my colleague in the Employment Law office.
To:
From:
Subject: Case of Injury.
The claimant, Mr. King, has suffered an injury to his foot after heavy boxes fell on top of it. He was taken
to hospital immediately and told that the foot was severely damaged, possibly permanently. The insurance
has been paid but the compensation is less than expected. The claimant is entitled to damages also because
of faulty machinery. The driver of the vehicle admits partial liability but also claims that the defective
machinery is, in part, cause of the accident, so the company could be sued for liability.
All relevant documents will be sent as soon as possible. Regards,

NOTICE: The writing style is more formal because of the legal terms and because of the passive form.
Now read the following dialogue between a client Mr. Ruggiero and the lawyer, Mr. Ferri:

Mr. Ruggiero: It was terrrible Mr. Ferri! I was walking across the road and this big car came straight at me and
knocked me down. The driver stopped the car and took me to hospital because I couldn’t get up and I couldn’t
move my right leg and arm. At the hospital they gave me some tests and an x-ray. The doctor said it should get
better, but I still can’t move my leg so I haven’t been to work. Do you think I can get compensation?
Mr. Ferri: Does the driver of the car admit he was responsible?
Mr. Ruggiero: Yes, but he says that I didn’t cross at the pedestrian crossing and that I crossed when the traffic lights
were still green.
Mr. Ferri: This complicates the case. Were there any witnesses?
Mr. Ruggiero: Yes, a young woman saw the accident and said she will testify for me.
Mr. Ferri. Good. Can you bring me all the relevant documents as soon as possible? I’ll also write to my colleague
about it.

Write an email to the lawyer’s colleague using the correct legal terms and, where approprate, the
passive form.

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UNIT 21 PUNISHMENT OR REFORMATION?

We have said that judges in common law countries have more power in deciding the sentence than those in
the Roman civil law systems. But there are restrictions.
Activity 1. Read the sentences below and decide which you think is correct.
Before you read, look at the Grammar Review section.

1. The longest prison term that magistrates can give for one offence is a) three months b) six months
2. In Britain, the heaviest fine that magistrates can give is a) £3500 b) £5000
3. In Britain, the longest possible prison sentence for theft is a) seven years b) ten years
4. The shortest possible prison sentence for murder is a) twenty years b) life imprisonment
5. The least severe sentence that a British judge can give is a) a warning or caution b) a community sentence
6. The most severe sentence that an Italian judge can give is a) life imprisonment b) forty years

GRAMMAR REVIEW – COMPARATIVES AND SUPERLATIVES

To compare two elements ( comparatives) or more than two elements ( superlatives)
Look at these adjectives:
SIMPLE – simpler – the simplest
BIG – bigger – the biggest
EASY – easier – the easiest
COMPLICATED – more complicated – the most complicated

EXCEPTIONS:
GOOD – better – the best
BAD – worse – the worst
LITTLE ( QUANTITY) – less – the least

NOTE.
1. To compare more than two elements, that is, indicate a superlative:
add – est for a short adjective
use - the most .. for a long adjective
2. Sometimes there are changes in the spelling.
3. Usually ‘the’ is put before the adjective.

Activity 2. What types of sentences are there? Match the sentences with their explanations:

1. A light or heavy fine a) Offender can go free, but on certain conditions

2 Cautionary bail b) Offender has to go to prison
3 Put on probation c) Offender must do some work for the local community
4 Put in custody d) Offender must pay money to the claimant
5 Pay damages e) Offender goes free but he is controlled by a probation officer
6 A community sentence f) Offender must pay a large or small sum of money

83
Activity 3. Do you agree or disagree with these statements and why? Discuss them together.
Which of them do you think is the most important factor and which the least?
Are the sentences above based on these principles?

1. An offender must be punished for his offence because he deserves it.

2. An offender must be punished to prevent other people from committing offences.
3. A dangerous criminal must be given a long-term prison sentence to protect society.
4. An offender must be given a sentence which can help him reform and change his behaviour.
5. An offender must be helped to reintegrate into society.
6. An offender must compensate the victim of his offence or crime to try and repair the damage.

These are some factors which judges take into consideration when they have to decide on the right sentence.
What other factors can influence a judge’s decision?

Activity 4. With another student, make a list of other factors that you think are important in deciding on a
sentence, e.g., the age of the offender,

When you have a list, discuss and decide together which are the most important factors and which are
possibly less important. Explain your reasons why.

Activity 5. Read the information about a report on RE-OFFENDING, that is, when an offender repeats his
crime again, possibly many times, after already having completed a sentence.

In recent years some judicial systems have tried new types of sentences to reduce the problem of re-
offending – this is possibly the most important factor in deciding the correct sentence.
Re-offending means that a person has committed another offence after less than two years of a conviction.
The latest crime reports in the U.K. indicate that 57.6 per cent of all offences are committed by people who
have already been sentenced by a court.
A report of a study in Britain between 2000 and 2004 also shows:.
Generally older juvenile offenders re-offend more often than younger offenders: for example, 34.5% of
offenders aged 12 re-offended while 44% of offenders aged 17 re-offended.
• Re-offending depends a lot on the original offence committed. Car theft and other motoring offences have a
high re-offending rate, over 55%. Re-offending for sexual offences and offences related to drugs are under 30%.
• Offenders who have been in custody re-offend more often than people who have had other penalties such as
fines and community orders. 78% who have been in prison re-offend compared with 30% of those who have
had community sentences or similar.
• The offenders with a larger number of previous convictions re-offend. 80% of offenders with eight or more
previous convictions re-offended within one year, while for those with no previous convictions the rate is about
24%.

84
From this report it seems that putting people in prison is less effective in preventing re-offending than other
types of sentences, such as community sentences.
Look at the table below which compares the number of offenders who have had prison sentences in the EU
countries:

Prisoners per
Country 1,000 recorded
crimes

Spain 57.13
Portugal 34.33
Ireland (Eire) 28.60
Italy 24.00
Greece 19.48
Luxembourg 19.39
EU Average 17.51
France 14.09
Scotland 13.63
Netherlands 13.21
England and Wales 12.37
Austria 12.29
Germany 12.09
Northern Ireland 9.29
Belgium 8.57
Denmark 7.37
Finland 6.38
Sweden 5.40

85
Activity 6. Based on the information above, complete these sentences with the comparative or
superlative forms of the adjectives:

The percentage of re-offenders who are __________________ 17 is 44%. (OLD)

There are ____________ re-offenders under the age of 12 than those over 17( FEW)
The number of car theft re-offenders is _________________ the number of drug trafficking re-offenders.
(HIGH)
Sexual offences are _____________________ car theft offences (SERIOUS)
The ________________ number of re-offenders has had eight or more previous convictions.(HIGH)
There is a _______________ number of offenders who have been in custody than those who have had
community sentences.(LARGE)
There is a ______________ percentage of prisoners in Greece than in Portugal. ( LOW)
1. The _____________ number of people in prison is in Sweden. (SMALL)
2. The ____________ number of people in prison is in Spain. ( BIG)
If we compare three countries – France, Italy and Germany- we can see that Italy has _____________
percentage of prisoners and Germany has ________________ (HIGH) ( LOW)

Activity 7. With these considerations, discuss and decide which sentence is best in these cases and why.

1. A 17 year old boy steals a parked car and drives it away. He damages it badly then leaves it in another
street. It is his second offence.
a. A community sentence of six months.
b. A final warning. The magistrate tells him that if he does it again, he will have to go on
probation.
c. A short prison sentence.

2. A 19 year old football hooligan was caught drunk and throwing dangerous missiles on the football pitch. It
is his first offence.
a. A severe warning. If he is caught again he will be prevented from going to the football
stadium.
b. A banning order. He is banned from going to the football stadium for six months.
c. A fine for damages to public property and a cautionary warning.

3. A 42 year old man breaks into a house and steals money and jewellery. He has been in front of the
magistrates and put in custody three times before. He is suffering from health problems.
a. A longer prison sentence, possibly three years.
b. A community sentence of one year
c. A period under a probation officer where his activities are controlled and he has to report
periodically.

86
UNIT 22 DEVELOPING A LEGAL CAREER

Activity 1. Look at these examples:

The students finished the lesson at 4.00.
The students have already finished the lesson.

Some thieves stole a valuable painting from the museum last night.
A thief has stolen my car!

I wrote the letter yesterday.

I have written the letter. Here it is.

What is the difference between each pair of sentences and why? Can you explain?

GRAMMAR REVIEW
For sentences in a finished, closed past time, use simple past tense.
For sentences in an unfinished open time, use present perfect. ( have + past participle)

Activity 2. Complete each pair of sentences with the verb given. Use past simple or present perfect.
1. DECIDE. The claimant ______________ to sue for damages.
The claimant ____________ to sue for damages and took the case to court.

2 SIGN The client _________________ the form. It is on the desk.

The client _________________ the form on Monday and sent it by post.

3 DISMISS The judge _________________ the appeal in the trial last week.
The judge ________________ the appeal. The defendent is now free.

4 DISCOVER The police think they __________________ the culprit.

The police ________________ the culprit yesterday and took him to prison.

Activity 3. Now read the description by a young lawyer called Kurt Müller of the development of his
career.
After finishing my first and second state examinations in Hilden, Germany, where I come from, I went to
university and took an undergraduate degree in Law at the University of Küln. I finished my course in 2004
and so became a fully qualified lawyer. During my university course I gained some experience as a student
assistant in Foreign and International Criminal law. This made me want to continue this specialisation and I
decided that I wanted to take a Master’s course in International Law.
At this point I had to choose the university for the postgraduate course. I decided that I wanted to go to the
UK. I have often stayed in this country for study holidays and, when I was 16, I stayed there for 4 months.
Since that time I have wanted to learn more about the British life and culture.  In the end I chose to study in
Nottingham because of its excellent reputation, in particular in the areas of criminal law and criminology. I
studied there from 2005 to 2006.The British legal education is very different from that of Germany and the
course helped me to open my horizons and helped me greatly in my personal development. It also helped
me to deal with written and spoken English in legal matters professionally. After concluding my studies, I
immediately found a job in my home town of Hilden as a solicitor in a small legal firm. I stayed there for
two years and it gave me valuable experience, but I wanted to specialise, so I looked for another position
87
and I am now employed as a state attorney/prosecutor in a legal office with two other lawyers in Dusseldörf.
This city has a multi-racial population and I have often found my knowledge of English and international
law invaluable. I have been in this practice for about two years now and I am very happy with the choices I
have made.

Activity 4. Complete the charts with the information in the passage.

EDUCATION AND TRAINING:

DATES NAME OF INSTITUTE QUALIFICATION GAINED

2005 – 2006 _______________________ ______________________

______________________ ____________________ ____________________

_______________________

1997 – 2000 High School, Hilden

WORK EXPERIENCE:

DATES NAME OF INSTITUTE JOB POSITION

2008 – NOW ______________________ ___________________

_______________ Wagner and Sons, legal _____________________

Advisors, Hilden

88
Activity 4. Look at the ‘time line’ and the Grammar Review:
TIME LINE:
2006 2007 2008 2009 NOW

WORKED IN HILDEN WORKS IN DUSSELDORF

He worked in Hilden.(finished) He has worked in Düsseldorf since 2008 (not
finished)

FROM ....................................... TO SINCE ........................................................................

FOR 2 YEARS FOR ... YEARS

GRAMMAR REVIEW
Look at the examples:
I worked in a legal office in Hilden from 2006 to 2008.(finished, past time)
I have worked in Dusseldorf since 2008.( from a past time to NOW)
I have worked in Dusseldorf for two years. (duration of time from past to present)

NOTICE:
For experiences in a finished past time, use simple past tense.
For experiences from a past time to now, use present perfect.
To express a period of time from the past to now, use SINCE, e.g. since September.
To express the DURATION of a period of time, use FOR., e.g. for a month

Answer the questions about Kurt.

When did he leave high school? ________________________________________________

1. How long was he in high school? _______________________________________________
How long has he been interested in British culture? ________________________________
2. When did Kurt start his university course? _______________________________________
For how long did he study in Küln? _____________________________________________
3. When did he go to Nottingham? ________________________________________________
How long did he stay there? ___________________________________________________
4. For how long did he work in Hilden? ____________________________________________
When did he start working in Düsseldorf? ________________________________________
5. Since when has he been in Düsseldorf? __________________________________________
How long has he been working there? ___________________________________________
How long has he been a full time lawyer? ________________________________________

89
Activity 5. Finish these sentences with FOR or SINCE.
1. He was sent to prison ______ five years.
2. He has been in prison ________ the beginning of the month.
3. They have rented a flat _____ six months
4. The police force have investigated the case _________ over a month.
5. I have been interested in painting _________ I was a child.
6. The contract was made __________ a period of two years.
7. She studied in this university ________ three years.
8. He has studied here ________ December.
9. They have had the legal practice ______the war.
10. I have been in this office _______ over an hour.

Activity 6. Read the information about Marianne Stone and use it to complete the description of her
career.
Ms. Marianne Stone.
EDUCATION.

2000 – 2002: Baccalauréat General – Almagna, France

2002 -2005: Degree in Corporate Management – Université de Paris
2005 -2006: Graduate Diploma in Law - College of Law. London.

WORK EXPERIENCE.

September 2004: Commercial Solicitor ( 1 month) – Clifford LLP, London Office

• Dealt with confidential information
• Attended internal meetings taking notes for the team
2005 to NOW: Legal Adviser – Bono Centre, Alliance France, London.
• Advise clients on housing issues in French and English
• Research law cases and consult colleagues
• Present case histories for colleagues.

Use for or since and the verbs below to complete her description:
advise - be - finish – gain – have to – take – obtain - present - study
The verbs may be in past, present perfect, or simple present.

I ___________ for my degree in Paris and _______________ in 2005. During my studies I ______
some work experience in a commercial solicitor’s firm ______ one month. Here I __________ deal with
confidential information and I also attended meetings and ________ notes.
In 2005 I ____________ a position as a legal advisor in the Alliance France firm in London. I ___________
in this firm ______ then. Generally I spend my time with French or English clients and __________ them
on the buying and selling of property on the international market. I often ___________ do research into law
cases and then ___________ them to other lawyers.

90
Activity 7. Answer the questions below.
When did you start the middle school? _____________________________________________
1. How long were you there?_______________________________________________________
Which school did you attend after that? ____________________________________________
2. How long were you in the high school? ____________________________________________
When did you finish your school studies? ___________________________________________
3. What qualification did you have after leaving school? _________________________________
Have you had any work experience, such as a summer or a part time job? ____________________________
________________________________________________
Have you finished the job, or are you still working? _____________________________________________
_______________________________
How long have you been in your present institute? ____________________________________
When did you start your present position?___________________________________________

Activity 8. Ask another student the same questions and talk about your experiences and education up to now.
Write about your’s or another student’s scholastic career.

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

91
UNIT 23 DEFENDING YOUR RIGHTS
The law serves to defend our rights regarding our property, our person, and our economic rights.

Activity 1. Find out the meaning of the words in the box. Which category do you associate them with?
Discuss them and write them into 3 lists below. Some words can go into more than one category.
breach – damage - goods - injury - harm - health - land – loss - negligence – ownership - premises –
privacy - reputation - safety - trespassing

PROPERTY PERSON ECONOMIC RIGHTS

Activity 2. Are the words in the box verbs, nouns, or both?

Complete this chart with the words above and others.

NOUN VERB ADJECTIVE

To breach ......................
To care for
careless
damage
To injure
harm
..................... healthy
To lose .........................
negligence .........................
To own
privacy ........................
reputation ........................
To trespass
.................... wrong, wrongful

Activity 3. Use the words in the chart above to complete these sentences:
1. If someone _____________ your property, you can sue them.
2. Good ____________ also depends on good medical care.
3. If your luggage is _____________ during a flight you can claim compensation.

4. Some cases go to court because of a _____________ of promise.

5. If a person does not do his job well and causes unnecessary damage, he can be sued for
______________

6. ______________ on another person’s property means going onto their land without their authority.

7. If a person writes false information about you, he can ruin your _______________

8. You are the _____________ of your possessions.

9. If you are a victim of a car crash you may be ___________________

10. Taking care of someone means considering their health and _______________
92
TORT LAW
If a person thinks that his rights have been violated or he has suffered a loss and wants to be compensated,
then he/ she can sue and take the case to the lawcourts where the two parties can find a remedy and settle the
claim. This type of law is called a tort law. The word ‘tort’ means a wrong. It is the part of civil law where
an individual asks to be compensated for personal harm done to him or her. The harm may be physical or
mental and includes wrongful acts such as trespassing, assault and battery ( a physical threat and attack),
invasion of privacy, and slander (false or injurious writings) where a person’s reputation has been damaged.
Torts happen when someone is injured by the actions of another. The injury or damage can be to the person’s
property or to the person. Look at these cases:
David is driving on a main road when another, larger car comes out of a side road very fast and crashes into his car. His
face is badly injured and his car is completely destroyed. The fault is obviously not his and he has lost his car, a lot of
money in facial operations, and now he wants compensation for the car and his person.
John is a factory worker in a large industry with heavy machinery. One day, on the factory premises, two other workers
transport a large machine and lose control of the transportation vehicle. It hits David and his arm is severely injured. He
has decided to sue for compensation because the factory did not follow certain safety regulations.
A doctor called Dr. Knowles has a patient who has a serious asthma attack and calls for an ambulance immediately
because there is the risk of a heart attack. The ambulance control centre replies “Okay doctor”, but the ambulance
arrives late and the patient suffers a heart attack. Now the patient is suing because his health has suffered due to
insufficient medical care.
Alison is going home after visiting a friend at about 11.30 one dark evening when a man appears and starts to attack
her with a stick. Fortunately, just at that moment a police car with two policemen comes by. They see what is happening,
stop the car and run after the man who is arrested and taken into custody. He is charged with assault and battery. The
man has to go to the Magistrates’ courts next week. Alison has suffered some injuries to her head and has decided to
sue for damages.
Activity 4. Compare and discuss these four cases.
What do they have in common, what are the differences?
Legally one is different, which one and why? What legal differences does this indicate?
Discuss the possible sentences that the defendants might have.
Answer these questions about the cases:
1. Who are the claimants or plaintiffs?

2. Have any of the defendants been prosecuted?

3. In which case or cases is the defendant guilty?

4. In which case or cases is the defendant liable?

Activity 5. A lawyer often has to write an account, or brief of a case giving a summary of the facts and any
important information, for example, the time or witnesses involved in the case.
Choose one of the four cases and write a brief. Remember to recount it in the past tense, e.g. David was
driving when ....
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
In common law, tort is divided into different types. Three of the cases above are examples of the tort of
negligence. Which three?
Sometimes, in cases of negligence, the liability, or responsibility of the action or damage is not so clear. 93
Activity 6. Read the following case:
Your client, Danny Boyd, is a professional basketball player who was late for practice. It was 4 o’clock in
the afternoon. He ran out of his door and didn’t see his neighbour’s dog on his doorstep. He fell over the dog
and broke his hand and wrist. Now he wants to sue his neighbours. Can he win the lawsuit? It depends who
is at fault. Are his neighbours to blame? Or should he have been more careful where he was going?
If he sues, he could claim that the neighbours’ dog should not have been on his property and the neighbours
did not take care of it. Because they did not, your client broke his hand, had to pay medical expenses, and
worst of all, he could not play basketball for three months. He is suing the neighbours for medical expenses
and for the suffering caused by missing the basketball season.
On the other hand, the neighbors may claim that their dog was on his doorstep but his injuries are at least
partially his fault because he didn’t look where he was going and two witnesses say that the dog was barking
loudly at the time.
The defendant is claiming that he “contributed” to his injuries and must pay some of the damages himself.
This is called comparative negligence.
The judge’s decision will be based on the balance of probabilities.

Activity 7. Answer the following questions about the case. Write complete sentences.
Was Mr. Boyd running or walking when he came out of the door? __________________________________
____________________________
Was it late in the evening? ______________________________________________________________
What damage did he incur? ______________________________________________________________
For how long could he not use his wrist and hand? ______________________________________________
________________
What was the dog doing when Mr. Boyd came out of the door? ____________________________________
__________________________
How many witnesses claim that the dog was barking? ___________________________________________
____________________
Activity 8. Write some questions to ask the witnesses to establish important factors in this case.

_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

94
UNIT 24 IN NEED OF A LAWYER
Activity 1. Can you find these collocations in the previous lesson? Match a verb with a noun.
Find the victim
Suffer a claim
Settle a remedy
Compensate a loss
Activity 2. Match the meanings and these collocations with the word ‘claim’
(1)To settle a claim (2) To drop a claim (3) To put off claiming (4) To issue a claim (5) to dismiss a claim

a) The defendant decides not to continue with the claim.

b) The judge discharges or refuses a claim
c) The parties or the judge have found a solution to the claim
d) The defendant wants to officially begin legal procedures for a court case.
e) The defendant decides to postpone the claim until a later date.

Activity 3. Read the situation below:

Marta has bought a computer with a 3 month guarantee. After a month it starts to give problems so she takes
it back to the shop to have it repaired. The technician gives it back after three weeks, but Marta immediately
discovers that the problem has not been solved.

What should she do first? Discuss with another student and write what she should do.
Discuss also what the possible solutions could be. What would you do?
First read the Grammar Review box.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

GRAMMAR REVIEW – SHOULD, COULD, WOULD

Look at these examples:
We could take a taxi. = it is possible for us to take a taxi.
We should take a taxi = it would be a good idea for us to take a taxi.
If there was a taxi we would take one = in a certain condition we would do this.

NOTE:
COULD = auxiliary verb, conditional of ‘can’, it means ‘has the possibility’
SHOULD = auxiliary verb, a ‘moral obligation’, it means ‘is advised to’
WOULD = auxiliary verb which creates the conditional of the principle verb

FIRST STEP
The first step is to attempt a negotiation. She should probably try to explain the problem and try to find a
solution with the shop.
She could:
EITHER take the computer back to the shop and explain the problem.
OR write and explain the problem in a letter or email.
If the shop agrees, she might have her money refunded or get another computer.
95
Unfortunately, when Marta takes it back, the shop refuses to give her another computer and in fact wants
Marta to pay for the second reparation. In other words, the other party will not settle the claim.
Activity 4. What should Marta do now? Again discuss and write the possibilities with another student
of what she should or could do and the possible solutions.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

SECOND STEP
The second step would probably be to get legal advice from a lawyer or a solicitor. Marta’s lawyer could
write a letter to the shop.
In this way a solution might be reached.
Activity 5. Below is the outline of a letter from the lawyer to the shop. Can you complete it?

L.T. THOMAS & SONS, SOLICITORS

POPLAR STREET, LIVERPOOL
Store manager,
Hi-Fi Store,
High St.
Liverpool.
26 May ….

Dear Sir,

I am writing on behalf of my client, Ms. ……… who bought a ______________________________

_____________________________________________________________________________________
_

_____________________________________________________________________________________
_

_____________________________________________________________________________________
_

I sincerely hope that we can come to an agreement to solve this complaint, otherwise we will be

forced to issue a court claim against you.

If you wish to contact me for an appointment, I am available on …………………

I look forward to ……………………………………

Yours faithfully,

96
The letter is sent and Marta waits, but the shop does not answer and refuses to accept or find a
compromise.
Activity 6. What should Marta do at this stage? With another student, discuss what the next step
should or could be and the possible solutions. Write your ideas.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
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THIRD STEP
At this stage, if the other person refuses to accept or find a compromise, Marta, the claimant, could:
EITHER start a court case
OR they may find a solution out of court.
Most cases are settled out of court, also because it is expensive. Only 5% of cases go to court. This is
called an Alternative form of Dispute Resolution or A.D.R.

FOURTH STEP

Unfortunately, the shop does not accept and they cannot find a soution out-of court, so Marta and her
solicitor must issue a claim and the two parties must follow a pre-court procedure to take the case to the
Magistrate’s Court.

A CASE FOR DISCUSSION.

Mrs. Weston wanted to learn to drive. She asked a friend, Mr. Nettleship, if he would give her some lessons.
Mr. Nettleship said he would instruct her. Mrs. Weston said that they had an insurance which covered him
as a passenger in the event of an accident.
Unfortunately, during a lesson, they had an accident. Mrs. Weston lost control and went into a lamp -post.
Mr. Nettleship’s leg was injured.
Mrs. Weston was convicted by the Magistrates of driving without due care and attention. She was fined £50.
Mr. Nettleship now claims damages for negligence against Mrs. Weston. She denies negligence. She claims
contributory negligence, and also says that he impliedly consented to running the risk of injury.
Activity 7. Discuss these questions with another student:
Is this a criminal case or a civil case? ________________________________________________________
__________________
Is it a case of tort law? ____________________________________________________________________
______
Would you advise Mr. Nettleship to issue a claim against Mrs. Weston? _____________________________
_____________________________________________
Do you think it’s a case of negligence or contributory negligence? _________________________________
_________________________________________
The judge dismissed Mr. Nettleship’s claim. He said that Mrs. Weston’s duty to Mr. Nettleship was to do her
best and that she did not fail in that duty. Do you agree? __________________________________________
________________________________

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UNIT 25 REVIEW
Activity 1. Look at the examples:
The police solved the case last week. ( PAST)
The police have solved the case. (PRESENT PERFECT)
The case was solved last week ( PAST PASSIVE)
The casee has been solved. ( PRESENT PERFECT PASSIVE)

Put the correct form of the verb into the sentences:

SIGN
The documents _____________________ yesterday.
The client _____________________________ all the documents
All the documents __________________________________

ARREST
The police ________________________ the culprit.
The police ______________________ the culprit last week.
The culprit ___________________________ last week.

RECEIVE
We ___________________________ the payments due. (not)
The payments due ________________________________ since February.
The payments due ______________________________ last month.

DAMAGE
Unfortunately the goods _____________________________ in transit.
Unfortunately the goods we received last week _______________________
Unfortunately they ________________________ the goods.

BREACH
The contract _______________________________
The defendants ______________________ the contract
The contract __________________________ in 2008
Activity 2. A short quiz – Tort law.
1. Tort law is…
a) a part of crinminal law
b) a part of civil law
c) a part of procedural law

2. Trespassing means…
a) going onto someone’s property without permission
b) taking someone’ss property without permission
c) damaging someone’s property without permission

3. Negligence, in common law, means ….

a) a case where has been caused by insufficient care
b) a case where liability has not been declared
c) a case where damage has been caused on work premises

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4. Comparative Negligence in common law means….
a) both parties are partially liable
b) one party is more liable than the other
c) neither party is liable

5. A ‘breach of contract’ means….

a) a contract which has not been completed as agreed in the terms.
b) a contract which has been concluded
c) a contract which has not started

Activity 3. Below there are the stories of the lives and works of three naturalised American people who
have dedicated themselves to the legal profession. For this they were given special awards.

Read the three accounts and answer the questions.

VIET DINH.
Viet Dinh was just 10 years old in 1978 when he got into a boat with his mother, brothers and sisters, and 75
other people, and left Vietnam. After 12 days, the boat reached Malaysia, where patrol boats shot at them.
They got out after dark and Dinh’s mother was the last person off the boat. The boy saw his mother make
holes in the boat with an axe so the authorities couldn’t force them back out to sea. Dinh thought: ‘Is she
crazy?’ “We could be imprisoned or forced back to sea in an even worse boat. But for them, nothing could
be as bad as going back to Vietnam.
The family eventually reached the United States. Dinh learned English by reading thriller books. After
school, he served pizzas and cleaned floors so that the family could send money to his father and sister, who
were hiding in Vietnam. After 25 unsuccessful attempts to leave Vietnam, Dinh’s father finally escaped. He
arrived in America in 1983, five years later.
After his father’s arrival, Dinh stopped his part-time jobs and studied hard in school. He applied to Harvard
College and was accepted. Through student loans and a scholarship package, Dinh got a degree in political
science from Harvard and, then, a J.D., a legal qualification, from Harvard Law School. While still in law
school, he worked to get his sister to the United States from a refugee camp in Hong Kong. Finally, in 1992,
15 years after Dinh left Vietnam, the family was reunited.
After finishing law school, Dinh was a law clerk to Judge Laurence H. Silberman on the U.S. Court of
Appeals and to the Supreme Court Justice. He was also part of the counsel for the impeachment trial of
President Clinton. In 1996 Dinh decided to specialize in constitutional law, corporations law ( company law)
, and the law and economics of development. He was the first and only Vietnamese-American law professor
at Georgetown.
At the age of 33, Dinh was nominated Assistant Attorney General of the United States. He was primarily
responsible for naming judges and discussing proposed regulations. After September 11, however, his work
was mainly to help to combat terrorism. Dinh helped to write the USA Patriot Act. For him, security means
liberty—and he thinks that his political philosophy comes from his experiences in Vietnam:
I knew and experienced how government does not work. Coming to America and seeing how the system
works gives me great faith in government institutions and the power of law.
Dinh has come a long way to become the highest-positioned Vietnamese American in the government
administration. Dinh’s feelings for his family and his memories of leaving Vietnam are still strong. He
says that the image of his mother destroying the boat is still a vivid memory and shows the courage she
possessed, but also what people are capable of doing to find that promise of freedom and opportunity.

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1. Why did Dinh’s mother make a hole in the boat?
2. What was Dinh’s first legal position?
3. What did he specialise in?
4. What has his work included since September 11 2001?
5. What does he strongly believe in?

JOYCE KENNARD
Kennard was born in 1941 to a Dutch-Indonesian father and a Chinese-Indonesian mother in West Java,
Indonesia. In the past, she and her family often faced danger and discrimination because of Kennard’s
Dutch-Indonesian ethnicity. During the war, her father died in a Japanese prison camp when she was only
one year old. She and her mother lost their home when they were taken to a camp, where they stayed until
the end of the war. In 1951, she and her mother moved to Dutch New Guinea (now Irian Jaya). Kennard and
her mother lived in a hut in the jungle with four other families. The hut had no kitchen and no water system.
Kennard attended a missionary school and started to learn English by listening to song lyrics on the radio
from Australia. But life was difficult, and, when they had the chance, she and her mother moved to Holland.
Kennard was 14.
Kennard was an excellent student and wanted to go to college, but was forced to stay at home when her
leg had to be amputated because of a serious infection. She went to a secretarial school. At the age of 20,
Kennard had the opportunity to immigrate to the United States. She took the opportunity and lived in
Southern California in 1961.
For seven years, Kennard worked as a secretary in a life insurance firm. Her mother died in Holland and left
her five thousand dollars. Kennard decided to use her mother’s money to start a university education. I had
always dreamed of getting a university degree.” Kennard graduated magna cum laude from the University
of Southern California with a degree in German.This took her just three years while she worked part-time 20
hours a week. She then attended the USC Gould School of Law, graduating in 1974. At the same time she
got a Master’s in Public Administration, and her thesis received an award.
Kennard then spent nearly five years in the criminal division of the California State office. She then joined
the state court of appeal as a senior research attorney. Kennard then began her incredible career in the
judiciary. In 1988 she was appointed to the state Court of Appeal; and in 1989 she was nominated to the
California Supreme Court. Kennard became the first Asian Pacific American Justice on the state high court,
and only the second woman. Kennard has a reputation as a judge’s judge, an apolitical advocate for the law.
She believes that different views within the court should be expressed and heard.
The Governor of the Supreme Court said: Joyce Kennard is superbly qualified.She has proved that hard
work, skill and intelligence, combined with the promise of the American dream, can lead a person to do
great things.
1. Why did Kennard immigrate to the US?
2. How long did it take her to get her university degree?
3. How long was she in the criminal division of the California State office?
4. How long has she been a judge?
5. What does she believe strongly in?

SONIA SOTOMAYOR
Sonia Sotomayor was born on June 25, 1954 in New York, and grew up in the Bronx. She developed her
career to become the first Puerto Rican woman to be a U.S. Circuit Court judge.Judge Sotomayor is a first
generation American born to parents who were both from Puerto Rico. She knew even when she was young
that she wanted to become a lawyer.
“When I was nine or ten, I loved Nancy Drew stories and I wanted to be an investigative detective too,”
Judge Sotomayor remembers. “But I developed diabetes at 8 and they said that I couldn’t do that kind of
work.” She recounts that it was the stories of Perry Mason which motivated her to want to become a lawyer.
“Once I decided that I wanted to become a lawyer, I never deviated from that goal.”
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Judge Sotomayor went to Princeton University and graduated summa cum laude in 1976. She went on to
Yale Law School and received her J.D. degree in 1979. She began her career as an assistant district attorney,
working in the New York County District Attorney’s Office from 1979 - 1984. She was in the Trial Bureau
and litigated cases involving robberies, assaults, murders, police brutality, and child pornography. “My work
involved all types of criminal activity,” she explains. “It was wonderful training for a lawyer.”
In 1984, she entered private practice, working as a litigator in a large office in New York City. Her areas
of speciality included intellectual property and copyright cases and international transactions. Working for
American and foreign clients she had the opportunity to travel to many parts of the world. Some of her most
interesting cases involved legal work for clients who were trademark owners. Many of the cases involved
investigative work when there were counterfeit issues.“I had my own bulletproof vest and worked in
collaboration with law enforcement officials,” she says.
In 1990 she decided to apply for the position of federal judge. She didn’t think she would get the job, but she
was confirmed in 1992 by the U.S. Senate to be a federal judge for the U.S. District Court, Southern District
of New York. Only six years later, she was nominated by President William Clinton to be an appellate judge.
She describes her transition from practitioner to judge and later to appellate judge as “very dramatic”and she
enjoys hearing cases that present many complex legal issues.
Judge Sotomayor is also a professor at New York University School of Law. She has received many honors
including, most recently, an award from the National Association of Women Lawyers.
She recommends that those who want to have a legal career today study hard and become the most complete
person they can during their years as a student. “The practice of law is perhaps the most diverse and eclectic
that you can have,” she explains. “People come to you with their problems, and their cases cover a wide
range of issues. If you want to practise law with the right vision, you have to be a very complete person
because whatever happens in the real world, if it involves business or family or technology, it usually comes
into the courtroom.”
1. Who inspired her to become a lawyer?
2. What did her first job involve?
3. How long has she been a judge?
4. What does she like about her job in particular?
5. What does she believe strongly in?

Activity 4. Discuss and decide together with another student:

Which of these three people do you admire most and why?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
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