Está en la página 1de 17

Lucía Ruiz Fernández LENGUA B IV INGLÉS

Explaining what a law says

The law stipulates / provides / states / sets forth / determines / lays down / prescribes that …

The patent law specifies that the … must be …

Types of courts

Name Definition Translation ES

appellate court
where a case is reviewed which has already been heard in a
court of appeals tribunal de apelación
lower court
appeals court

where serious criminal cases are heard by a judge and a jury


crown court [UK] juzgado (que conoce de causas de derecho penal)
in the UK

una de las dos ramas del Tribunal Supremo, con competencia


para conocer de causas civiles que excedan cierta cuantía
Tribunal Supremo (de Justicia)
[US] el más alto tribunal de EEUU, compuesto de nueve jueces,
los justices, que son nombrados por el President con la
High Court [England & Wales] usually the highest court in a jurisdiction, the court of last aprobación del Congress. Este Tribunal Supremo decide sobre
Supreme Court [US] resort la constitucionalidad de las leyes y cuenta así con el poder
para impedir la aprobación de leyes tanto gubernamentales
como estatales y locales. Además, funciona como tribunal de
alzada para casos vistos por los tribunales inferiores. Los
fallos del Tribunal Supremo sientan jurisprudencia, es decir
pueden usarse como precedente por los demás tribunales.

1
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Name Definition Translation ES

juvenile court where a person under the age of 18 would be tried tribunal de menores

lower court court of primary jurisdiction, where a case is heard for the
Tribunal de Primera Instancia de las Comunidades Europeas
Court of First Instance [EU] first time

magistrate = juez que conoce de faltas y asuntos civiles de


magistrates’ court [UK] where small crimes are tried in the UK
menor importancia

moot court [US] where law students argue hypothetical cases tribunal simulado

small-claims court [UK] where cases involving a limited amount of money are handled tribunal que conoce de causas de mínima cuantía

where a group of specially chosen people examine legal tribunal


tribunal
problems of a particular type, such as employment disputes comisión investigadora

Persons in court

Name Definition Translation ES

advocate person who pleads cases in court abogad@ defensor(a)

appellant
person who appeals a decision to a higher court apelante
petitioner [US]

officer of the court whose duties include keeping order and


bailiff alguacil
assisting the judge and jurors

claimant solicitante
person who initiates a civil lawsuit
plaintiff [US] demandante

clerk employee who takes records, files papers and issues processes actuari@

2
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Name Definition Translation ES

defendant (in civil case) demandad@


person who is sued in a civil lawsuit
respondent (in criminal case) acusad@

person who has specialised knowledge of a particular subject


expert witness perit@
who is called to testify in court

judge public official who has the authority to hear and decide cases juez

hypothetical person who uses good judgement or common


sense in handling practical matters - such a person’s actions
reasonably prudent person persona razonablemente prudente
are the guide in determining whether an individual’s actions
were reasonable

Documents in court

Name Definition Translation ES

a written statement that somebody makes after they have


affidávit
affidavit sworn officially to tell the truth, which might be used as proof
declaración jurada
in court

the principal pleading by the defendant in response to a


answer (plea) contestación
complaint

extracto
a document or set of documents containing the details about a sumario
brief
court case expediente
caso

3
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Name Definition Translation ES

denuncia
complaint the plaintiff's reasons for proceeding in a civil action
demanda

injunction (against sb.) an official order from a court for a person to stop doing sth. mandamiento judicial (en contra de alguien)

petición
motion an application to a court to obtain an order, ruling or decision
solicitud

a document providing notification of a fact, claim or


notice aviso
proceeding

a formal written statement setting forth the cause of action or


pleading alegato (de defensa)
the defence in a case

a document informing someone that they will be involved in a


writ mandato/orden/auto judicial
legal process and instructing them what they must do

Documents in court: verbs

Name Definition Collocations Translation ES

to produce a piece of writing or a plan that to draft an answer, a brief, a complaint, a


to draft a document redactar el borrador
you intend to change later motion, a pleading

to officially record sth., especially in a court to file an affidavit, an answer, a brief, a


to file a document with an authority presentar (una demanda)
of law complaint, a motion, a notice, a pleading

dictar
to issue a document to produce sth. official to issue an injunction, a notice, a writ
expedir

4
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Name Definition Collocations Translation ES

entregar, hacer entrega de


to deliver a legal document to someone,
to serve a document on someone to serve a complaint, an injunction, a notice, a recibir (una citación judicial, notificación)
demanding that they go to a court of law or
to serve someone with a document pleading, a writ ser citad@ (para comparecer ante el juez)
that they obey an order
ser notificad@ (de una demanda)

to submit an affidavit, an answer, a brief, a


to deliver a document formally for a decision
to submit a document to an authority complaint, a motion, a notice, a pleading, a presentar
to be made by others
writ

Legal Latin

Word Definition

ad hoc for this purpose (adj. before a n.)

de facto in fact

et alii (et al.) and others (to shorten list of people: authors, appellants or defendants)

et cetera (etc.) and other things of the same kind (to shorten list of similar items)

exempli gratia (e.g.) for example (before giving 1 or more examples)

id est (i.e.) that is (to signal an explanation or paraphrase of a word preceding it)

inter alia among other things

ipso facto by that very fact itself

per anuum per year

per se by itself (after n. to indicate the thing itself)

5
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition

pro forma as a matter of form

pro rata proportionally

number of shareholders or directors who have to be present at a board meeting so that it can
quorum
be validly conducted

sic thus (after a word to indicate the original, usually incorrect, spelling or grammar in a text)

sui juris of one’s own right; able to exercise one’s own legal rights

ultra vires beyond the legal powers of a person or a body

versus (v. in case citations, vs. in all other instances) against

videlicet (viz.) as follows

Types of lawyers

Name Definition Translation ES

a person, typically a lawyer, appointed to act for another in


attorney abogad@
business or legal matters

a person called to the bar and entitled to practise as an


barrister abogad@ (habilitad@ para alegar ante un tribunal superior)
advocate, particularly in the higher courts

corporate lawyer lawyer who specialises in corporate law abogado corporativo/de empresa

an attorney representing a defendant in a lawsuit or criminal


defence lawyer abogado defensor
prosecution

6
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Name Definition Translation ES

an attorney that works in the different branches of the


government. Depending on where they work, government abogado del gobierno
government lawyer
attorneys handle a range of legal issues that affect the city, abogado del Estado
the state, or the federal government

an attorney employed by the organization for which he or she abogados internos


in-house counsel
provides legal services asesor interno

a member of a specialised legal profession who is qualified to


advise clients about patents (and usually other intellectual
patent lawyer abogado especializado en (materia de) patentes
property rights) and who assists them in obtaining patents
granted by patent offices around the world

public interest attorneys work on behalf of organizations and/


or causes, or on behalf of individuals who cannot afford
private attorneys (usually in “legal aid” or “legal services”
public-sector lawyer abogado del sector público
organizations). Some public interest attorneys are employed by
the government to represent indigent criminal defendants
—“public defenders”

a member of the legal profession qualified to deal with abogado responsable de los asuntos legales de un municipio o
conveyancing, the drawing up of wills, and other legal matters. de un departamento gubernamental
solicitor
A solicitor may also instruct barristers and represent clients in abogad@ (que prepara causas legales y desempeña también
some courts funciones de notario)

also called a tax attorney, has expertise in the complicated


tax lawyer abogado tributario
and often-changing world of taxes

a lawyer who practises in a trial court, especially one who


trial lawyer abogado del juicio
represents plaintiffs in tort suits.

7
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Lawyers…


…advise clients, corporations, defendants. ….practise law.

…draft contracts, decisions, law, legislation. …represent clients, corporations, defendants.

…litigate cases, disputes. …research cases, decisions, law, legislation.


Bar

Word Definition

bar association organisation regulating the legal profession

in the USA, an important test taken by law-school graduates which, when passed, qualifies a
bar examination
person to practise law

in the UK, a training course which enables people who wish to become barristers and who have
Bar Vocational Course registered with the Inns of Court to acquire the skills and knowledge to prepare them for the
specialised training of the pupillage

barrister a lawyer who is qualified to plead on behalf of clients

a ceremony held at the end of the Bar Vocational Course, when a candidate enters the
call to the Bar
profession

to be admitted to the Bar granted entrance to the legal profession

to disbar (a lawyer) to compel a lawyer to stop practising law due to an offence committed

8
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Crime and punishment

Word Definition Example Translation ES

“The judge sentenced him to seven years’


armed robbery
imprisonment for armed robbery.”

arson “The police suspect arson.”

sum of money left with a court of law so that


bail a prisoner may be set free until his/her trial fianza
comes up

burglary “This is the third burglary in the past month.”

“The number of young people who commit


commit crimes
crimes has risen sharply in recent years.”

Counsel for the Defence barrister who speaks for the accused
Counsel for the Prosecution barrister who speaks against the accused

“The judge sentenced him to seven years’


imprisonment
imprisonment for armed robbery.”

juvenile delinquent

“The judge sentenced him to seven years’


sentence
imprisonment for armed robbery.”

testimony formal statement made by a witness in court

to be put on probation

(s)he is put in prison before his/her trial


to be remanded in custody
comes up

9
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

“The Jury finally reached its verdict: the


verdict
prisoner was guilty.”

“He was found guilty of embezzlement.” malversación

Types of laws

Word Definition Example Translation ES

a draft of a proposed law presented to


bill parliament for discussion; draft document “A debate over the civil rights bill.” proyecto de ley
before it is made into law

an official or authoritative instruction; legal


device used by the European Union to “The new EU Working Hours Directive is
directive establish policies at the European level to be reported to be causing controversy amongst directriz
incorporated into the laws of the Member the medical profession.”
States

an authoritative order; a municipal by-law (a


“The purpose of this Ordinance is to regulate
regulation made by a local authority or
ordinance [US], by(e)(-)law [UK] traffic for the promotion of the safety and ordenanza (municipal)
corporation); law enacted by a town, city or
welfare of the public.”
country government

10
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

a rule or directive made and maintained by an


authority; rules issued by a government “These workplace safety and health normas
agency to carry out the intent of the law - regulations are designed to prevent personal reglamento
regulations
authorised by a statute, and generally injuries and illnesses from occurring in the reglamentación
providing more detail on a subject than the workplace.” regulación
statute

a written law passed by a legislative body; “When a statute is plain and unambiguous,
ley
statute formal written law enacted by a legislative the court must give effect to the intention of
estatuto
body the legislature as expressed.”

Separation of powers (división de poderes)

Word Definition Example Translation ES

courts (also court of law) a body of people presided “The courts interpret the law, which means tribunal
over by a judge, judges, or magistrate, and that although Parliament enacts laws, the
acting as a tribunal in civil and criminal cases courts decide how they are to be applied.”

denoting or relating to the part of a political


executive power administration with responsibility for putting “The executive branch of government.” poder ejecutivo
into effect laws drawn up by the legislature

the judicial authorities of a country; judges


collectively; judicial/court/judiciary system = “The independence of the judiciary; judges poder judicial
the judiciary
system of courts that applies the law in legal were drawn from all the national judiciaries.” sistema jurídico
cases

11
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Legal systems

Word Definition Example Translation ES

jurisprudencia (“our legal system relies on


case law the law as established by the outcome of
precedent” = nuestro sistema legal se basa
the Anglo-Saxon case-law system former cases
en la jurisprudencia)

the system of law concerned with private


relations between members of a community
rather than criminal, military, or religious
affairs; the system of law predominant on the
European continent, historically influenced by
civil law “The owners can prosecute the individuals
that of ancient Rome (system based on the derecho civil
the civil-law (legal) system under civil law for trespassing.”
superiority of written law); 1) legal system
developed from Roman codified law,
established by a state for its regulation, 2)
area of the law concerned with non-criminal
matters, rights and remedies

12
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

derecho consuetudinario (en el derecho


inglés, el término se refiere a la ley basada en
the part of English law that is derived from la costumbre y en el fallo de los tribunales
custom and judicial precedent rather than (derecho consuetudinario y jurisprudencia
statutes; legal system which is the foundation respectivamente), es decir que no ha sido
common law “Common law is based on custom and dates
of the legal systems of most of the English- creada en el Parlamento. A menudo se
the common-law system from ‘time immemorial’.”
speaking countries of the world, based on contrapone a derecho escrito (statute law).
customs, usage and court decisions (also El derecho consuetudinario (common law) solo
case law, judge-made law) rige cuando el derecho escrito no se pronuncia
en una materia)
derecho anglosajón

a system of law concerned with the


punishment of offenders; area of the law
“It is the function of the criminal law to
criminal law which deals with crimes and their derecho penal
punish.”
punishments, including fines and/or
imprisonment (also penal law)

precedents (Law) a previous case or legal decision that “The courts decide how laws are to be precedente (legal)
to be based on precedents may be or (binding precedent) must be applied. These decisions are treated as sentar precedente (para algo)
followed in subsequent similar cases precedents and subsequent courts will follow “our legal system relies on precedent” =
these decisions if they have similar issues to nuestro sistema legal se basa en la
determine; We hope to set a legal precedent jurisprudencia
to protect hundreds of miles of green lanes.”

the body of principles and rules of law laid


statute law derecho escrito
down in statutes

13
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Legal English

Word Definition Example Translation ES

(consistent) rulings an authoritative decision or pronouncement, “The ruling was reversed in the appeal fallo
court ruling especially one made by a judge court.” resolución

(public) hearing an opportunity to state one's case; an act of


listening to evidence in a court of law or “I think I had a fair hearing; The court may
vista
before an official, especially a trial before a stay execution pending a hearing.”
judge without a jury

(v.) apply to a higher court for a reversal of


“He said he would appeal against the
the decision of a lower court
appeal conviction; He has 28 days in which to lodge
(n.) an application to a higher court for a
an appeal.”
decision to be reversed

based on or subject to individual judgement or


arbitrary
preference

a reference to a previous case, used as


“This journal contains citations from all
case citation guidance in the trying of comparable cases or
jurisdictions.”
in support of an argument

“Where else would you find constitutional laws


constitutional laws in accordance with a constitution leyes constitucionales
without any constitution?”

contract law derecho contractual

“This doctrine of precedent developed from


doctrine a belief or set of beliefs common law which itself is based on custom doctrina
and dates from ‘time immemorial’.”

14
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

the territory or sphere of activity over which


jurisdiction the legal authority of a court or other “Several different tax jurisdictions.” jurisdicción
institution extends

legal documents which set forth rules


law
governing a particular kind of activity

a wrongful act or an infringement of a right agravio


“Public nuisance is a crime as well as a tort;
law of torts (other than under contract) leading to legal “liability in tort” = responsabilidad
The law of tort.”
liability extracontractual

lawsuit a claim or dispute brought to a law court for “His lawyer filed a lawsuit against Los pleito, demanda
to file a lawsuit adjudication Angeles city.” demandar a alguien, llevar a alguien a juicio

“There is no legal limit to the power of


legal limit
Parliament.”

modify/clarify (the common) law

national codes a systematic collection of laws or statutes “A revision of the penal code.” código

“…resulting in Parliament making itself


(in the UK) the highest legislature, consisting sovereign and representing the will of the
Parliament of the Sovereign, the House of Lords, and people; the Secretary of State will lay Parlamento
the House of Commons proposals before Parliament; an Act of
Parliament.”

parliamentary speech

penal code código penal

15
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

the authority to act for another person in


power of attorney “To draw up power of attorney.” poder notarial
specified or all legal or financial matters

“The first private prosecution under the


provision a condition or requirement in a legal document según lo que estipula…
provisions of the 1989 Water Act.”

“Compensation is available as a remedy


remedy a means of legal reparation
against governmental institutions.”

“…the application and the development of


the law code of the ancient Romans forming
Roman law Roman law in Europe to the making of derecho romano
the basis of civil law in many countries today
national codes all over the world.”

“…subsequent courts will follow these


subsequent coming after something in time; following decisions if they have similar issues to posterior, subsiguiente, ulterior
determine.”

the law-making process

“The Magna Carta is often described as the


a charter of liberty and political rights obtained
corner stone of liberty and the chief defence
from King John of England by his rebellious
against arbitrary and unjust rule in England
the Magna Carta (1215) barons at Runnymede in 1215, which came to la Carta Magna
by establishing a very significant
be seen as the seminal document of English
constitutional principle, namely that the
constitutional practice
power of the king could be limited.”

the practical application of statutes

the sources of law

16
Lucía Ruiz Fernández LENGUA B IV INGLÉS

Word Definition Example Translation ES

“The courts are bound by all legislation that is


impose a legal or contractual obligation on; (of
enacted by the Parliament; A party who signs
a court of law) require (someone) to fulfil an
to be bound (by legislation) a document will normally be bound by its estar obligad@ a cumplir
obligation; (be bound by) be hampered or
terms; Sarah did not want to be bound by a
constrained by
rigid timetable.”

compel or force (someone) to follow a “A judge is constrained by the decision of a obligar


to be constrained by
particular course of action superior court.” constreñir

“Courts will follow precedents if they have


to determine (an) issue(s) ascertain, establish establecer, determinar
similar issues to determine.”

“The courts are bound by all legislation that is


to enact (legislation, laws) promulgar
make (a bill or other proposal) law enacted by the Parliament; Legislation was
enacted law aprobar
enacted to attract international companies.”

to file a claim against sb.

to settle legal disputes

“Through the ages this principle has continued mantener


to uphold a principle to be upheld in spite of various monarchs, respetar y defender
civil wars and riots.” conservar

to vest (power) in confer, bestow on sb. “All legislative power is vested in Parliament.” conferir

17

También podría gustarte