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Legal English
Units 1-4
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UNIT 1 – EDUCATION
The Czech System of Education
School attendance in the CR is compulsory from the age of 6 to 15. Most children attend state schools but there are also private and church schools. Education at state schools up to 18 is free of charge but students at secondary schools must pay for their textbooks. Private and church schools charge school fees. All schools are coeducational. Children in our school system do not wear uniforms.
The school year starts on 1st September and ends on 30th June. The school year is divided into two terms. The average number of lessons at a secondary school is around thirty a week, primary schools have fewer lessons. Breaks between the lessons last from 5 to 15 minutes. Pupils and students are evaluated by marks from 1 to 5. Each term students get their school report with marks from both compulsory and elective subjects.
Education in our country includes these stages: pre-school, primary, secondary and tertiary.
Pre-school education is provided by créches for children up to 3 years of age and nursery schools for children aged 3 to 6. Here children mostly play games, draw and paint, sing, go for walks and learn about the world around them.
Primary education – at 6 children start to go to primary schools and they stay there until 15. Pupils take many subjects, most of them compulsory (e.g. Czech, maths, foreign language, history, biology, geography, physics, chemistry, Art, P.E.). Primary schools are divided into two levels.
Secondary education – at the age of 15 pupils can choose among a variety of secondary schools: grammar schools (with general and rather academic education which prepare students for university study), special schools (include technical colleges, specialized in building, chemistry…, business academies, agricultural schools…) and vocational schools (students prepare for their jobs). Secondary education usually lasts for 4 years and at grammar and specialized schools it is finished with a school-leaving examination which is required by all universities and colleges. The examination is taken in four subjects at grammar schools (Czech, a foreign language and two optional subjects chosen from foreign languages, science subjects or humanities) and in five or more subjects at specialized schools. The exam is held in May and is mostly oral except Czech in which an essay is written about a month before. The oral part of the exam takes about two hours, half an hour for each subject. A student chooses one of 25 to 30 topics by drawing a number and after the preparation he/she speaks on the topic. After the graduates have passed their school-leaving exam they receive the school-leaving certificate and they can apply for study at universities and colleges.
Tertiary education – universities and colleges provide tertiary education which lasts from 4 to 6 years. To be accepted the secondary school graduates have to pass an entrance
examination in the subjects in which the university specializes. The examination consists of a written test and an interview. Our oldest university is Charles University in Prague, founded by Charles IV in 1348 as the first Central and East European university. Other notable
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universities are Masaryk University in Brno, Palacký University in Olomouc and Purkyně University in Ústí nad Labem. Undergraduates can study a variety of subjects such as economics, foreign trade, architecture, law, journalism, the humanities, foreign languages, medicine, science and music at various schools.
The students can enroll at three-year courses for a Bachelor´s Degree or four and five-year courses for a Master´s Degree. Medicine usually takes 6 years. The university or college study is finished with a state examination and every undergraduate also has to write a thesis in order to receive a diploma in a certain field of study. Doctoral Degrees are awarded after another few years of study, which may be also individual, and completion of another thesis.
1.REVISION OF THE TEXT
1. Which subjects do primary school students take?
2. Which exam do students have to pass to be accepted to a university? 3. How long is the compulsory school attendance?
4. Which degrees can you achieve at a university? 5. Explain the term “coeducational”.
6. Which kinds of secondary schools do you know?
7. What do you have to write to achieve a university diploma?
8. Which two institutions can our children attend before going to a primary school? 9. Describe the course of the school-leaving examination.
10. What is a term?
The British System of Education
The state educational system in England and Wales:
Nursery (under 5 years) Senior (11-16)
Infant (5-7 years) Further education (16 plus) Junior (7-11 years) University (18 plus)
All children between the ages of 5 and 16 must receive full-time education. Over 90 per cent of all school children attend schools maintained from public funds. Education at these schools is free. About 8 per cent of the children attend independent or private schools commonly known as “public schools” (Eton, Harrow, Rugby). These schools are quite expensive but many offer scholarships to gifted children from less well-off families.
Boys and girls are taught together in most primary schools and more than 80 per cent of pupils at state secondary schools attend mixed schools. The majority of private secondary schools are single-sex.
Almost all state schools have classes from Mondays to Fridays. The school year begins in September and ends in July. The year is divided into three terms of around 13 weeks each. School uniforms are worn in most private schools and at many state secondary schools. The school day begins between 8 and 9 a.m. and ends around 4 p.m. It includes a long morning and afternoon break and about an hour for lunch break.
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Pre-school and Primary EducationPre-school education is provided by nursery schools. Compulsory education begins at 5 when children go to infant schools. Emphasis in the infant school is on learning through experience, drawing, painting, musical activities, movement and play. Children learn to read, write and do simple counting. At 7 many children move to junior schools where the work is more
systematic.
Secondary Education
At the age of 11 pupils transfer from primary to secondary school. Most of the state secondary school pupils go to Comprehensive Schools. These schools take children of all abilities and provide a wide range of secondary education, both academic and practical, for all the children in a district within the 11 to 18-year age range. About four per cent of children attend
Grammar Schools which they enter at the age of 11 on the basis of their abilities. Grammar Schools offer a mainly academic education for the 11 to 18-year age group. Six per cent of children attend Secondary Modern Schools which provide a more general education up to the age of 16.
The principal examination, at about the age of 16, is the General Certificate of Secondary Education (GCSE). The compulsory subjects are English, mathematics and science.
Further Education
When students pass their GCSEs they can continue their study in the two top classes of a comprehensive and grammar school or they can attend independent six-form colleges and terciary colleges. Six-form colleges are schools which provide academic and non-academic education beyond the GCSE, while tertiary colleges offer a range of full-time and part-time vocational courses as well as more academic ones. After two years of study students take the A-level exam in two or three subjects. A-levels are the main standard for entrance to higher education and many forms of professional training.
Higher Education
Higher education covers all post-school courses above GCE A level standard. Higher education institutions include universities, teacher training colleges and other colleges of
technology, art and medicine. Britain has 89 universities and 70 other HE institutions. The oldest British universities are Oxford (1167) and Cambridge (1229) in England and four in Scotland – St. Andrews (1411), Glasgow (1451), Aberdeen (1494) and Edinburgh (1583). All the other universities were founded in the 19th century (London, Manchester, Wales) and 20th century (Bristol, Birmingham, Liverpool, Nottingham, Exeter, Sussex, York). The 19th century universities became known as the
“redbrick” universities as opposed to the ancient stone of Oxford and Cambridge.
Most university courses last between two and four years. Degree titles vary according to the practice of each university. A Bachelor´s degree (Bachelor of Arts – B.A., Bachelor of Science – B.Sc.) is given to students who pass examinations at the end of three or four years of study. A Master´s degree (Master of Arts – M.A., Master of Science –M.Sc.) may be obtained by attending a postgraduate course or by writing a paper, or thesis. The degree of Ph.D. (Doctor of Philosophy) is given for a thesis both in humanities and science (e.g. Ph.D. in Physics, English, History etc.).
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2.REVISION OF THE TEXT1. What kind of exam do students take at the age of 16? 2. Why do students wear uniforms?
3. How many terms does a school year have?
4. What is the difference between comprehensive and grammar schools? 5. Which institutions provide pre-school education?
6. What are the six-form colleges?
7. Which are the oldest British universities? 8. What are A-levels?
9. Which universities are known as the “redbrick” ones?
10. How does a school day differ from the one of the Czech students?
The American System of Education
In the U.S., education is mainly the responsibility of the individual states. Although the Federal Government often gives money to schools, it exercises very little control over administration or curriculum. It is therefore impossible to speak of a uniform system of education in the U.S. as a whole.
The majority of all schools are public schools, i.e. publicly owned schools, financed by the state or local governments. These schools are free. (Public schools in America never mean private schools as they do in England). Then there are private schools which charge high tuition fees and are therefore attended mostly by children of the rich although nearly all offer scholarships. All public schools are mixed schools, but some private schools or church schools still remain single-sex.
The beginning of the school year may vary in each state from mid-August to mid-September. The school year usually finishes in May or June. At some schools the year is divided into three terms, at other schools into quarters. After each term or quarter the pupils get a report card which informs their parents about their results at school, and at the end of the school year they get a
transcript. The school day usually begins between 8,00 and 9,00 a.m. and ends around 3 p.m. It includes a lunch break and sometimes free hours during the day. School uniforms are worn only in private schools. School attendance is mandatory in the U.S. from 6 to 16. The system of education is divided into pre-school and elementary, secondary and higher
education.
Pre-school and Elementary Education includes nursery schools and kindergartens. Most of them are private. Many public schools have kindergartens attached, for the age group between 5 and 6. These kindergartens do not charge any money.
Compulsory education begins at the age of 6. Both the elementary (from 6 to 11) and secondary education is comprehensive, which means there is no selection of children for various types of schools. Years in the U.S. are called grades, so elementary school lasts from the first grade until fifth grade. The children at an elementary school learn to read, write, do arithmetic, elementary science, history, geography, physical education, arts and music.
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Secondary Education is provided either by Middle Schools (from 11 to 14 – sixth, seventh, eighth grade), or by High Schools which are often divided into Junior High (12-15) and Senior High (15-18). In large towns there may be a wide choice of secondary schools. In some places you may have the opportunity to attend a specialized school, such as a school for
science, arts or the navy, or to go to the central high school in the area. If a student chooses to remain at the central high school, he or she may have the opportunity to choose among a variety of subjects from traditional ones such as English, modern languages,
mathematics, science, history, geography, to the new ones such as business, Black history or computer science. High schools organize much activity outside the classroom, many of them have football, basketball and baseball teams, an orchestra, a choir or a jazz band, and various clubs and societies. High schools in the U.S. are comprehensive, coeducational secondary schools. The secondary school system does not include specialized vocational schools as in the Czech Republic, but some high schools may offer specialized courses or subjects. Marks are in the U.S. also called grades.
The school leaving qualification is usually the High School Diploma, awarded by the
individual school on successful completion of a broad secondary school curriculum. Another possibility is the General Education Diploma (GED) which is awarded after passing an examination. There is no national school-leaving examination although there is a national examination used to help select students for college or university entrance, the Scholastic Aptitude Test (SAT), which can be taken in mathematics and English.
Higher Education
While secondary education is based on the ideal of mass education with equal opportunity for all, higher education is extremely competitive and selective. Only a small number of
applicants for university studies are admitted. Colleges provide undergraduate education leading to the bachelor´s degree, while universities provide both undergraduate and graduate education leading to the master´s and doctor´s degrees. Tuition fees are rather high at
American universities, especially at private ones, and federal loans are not very big. That is why a majority of students take on part-time jobs.
Harvard, Yale and Princeton are the most prestigious private universities in the Eastern United States. On the West Coast, the University of California at Berkeley and the University of California at Los Angeles are held in high esteem.
3.REVISION OF THE TEXT
1. What is the difference between a report card and a transcript? 2. When does the compulsory education begin?
3. Is there a united system of education in the U.S.? 4. Is secondary education selective?
5. What do children learn at elementary schools?
6. Do American students have to pass an exam for the High School Diploma? 7. What is the difference between universities and colleges?
8. Which exam is taken to select students for universities and colleges? 9. What are the two meanings of the word “grade”?
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VOCABULARY
Aptitude Schopnost, vlohy
Attendance Docházka
Bachelor Bakalář
Coeducational Smíšený (kluci+holky)
College Vyšší odborná škola, univerzita, kolej
Comprehensive Přístupný všem
Compulsory Povinný
Créche Jesle
Degree Akademický titul
Entrance examination Přijímací zkouška
Fee, charge Poplatek
Graduate Promovat, maturovat, absolvent
Grammar school Gymnázium
Mark, grade Známka
Master Magistr
Mixed school Smíšená škola
Nursery school Školka, jesle
Primary school Základní škola
Pupil Ţák
Scholarship Stipendium
School report Vysvědčení
School-leaving certificate Maturitní vysvědčení School-leaving examination Maturita
Secondary school Střední škola
Subject Předmět
Term Semestr
Thesis Diplomová, dizertační, doktorská práce
Tuition Výuka
Undergraduate Vysokoškolák
Vocational Odborný
Vocational school Střední odborná škola, učiliště
4.MATCH THE FOLLOWING SUBJECTS WITH THEIR DEFINITIONS:
1. The study of plant, animal and human life 2. The study of the world, climate, population 3. The study of the past
4. The study of painting and drawing 5. How to use computers
6. The study of heat, sound, electricity 7. Arithmetics, algebra, geometry
8. The study of elements and how they combine and react 9. The study of financial systems
10. Playing instruments and singing
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5.WHAT DO THE FOLLOWING WORDS MEAN?P.E., R.E., classroom, playground, gym, staff room, lab, library, homework, attention What does it mean to take/ pass/ fail an exam?
6. MATCH THE SYNONYMS:
1. PRIMARY A. MIXED
2. STATE B. ELECTIVE
3. COEDUCATIONAL C. BASIC
4. MARK D. GRADE
5. OPTIONAL E. KINDERGARDEN
6. NURSERY SCHOOL F. PUBLIC
Sources
Brendlová, Světla, Basic Facts on English-Speaking Countries, Fraus 1995 Chudá, Jana, Topics for English Conversation, Fragment 1997
Chudý, Tomáš, Some Basic Facts About the English Speaking Countries, Fragment 1995
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UNIT 2 – COMMON LAW AND EQUITY
Law is a word of many meanings and may be countable or uncountable. It means either: A system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience
A statute, ordinance or regulation enacted by the legislative branch of a government “natural law”, which is not based on statute, but on common understanding of what is right and proper (based on morality, fairness, justice).
The history of law
2 100 B.C. the earliest lawbook was written for Ur-Nammu, king of Ur 18th century B.C. Hammurabi, king of Babylonia, enumerated laws of
private conduct, business and legal precedent (an eye for an eye, unequal treatment of the rich and the poor, drowning as punishment for adultery by a wife..)
1,000 years later written law codes developed among the Greek city-states (Athens) and Israel 534 A.D. the Justinian Code – the codification of all classic law
ordered by the Roman Emperor Justinian, it became the law of the Roman Empire and most legal systems of European nations are based on it to this day
6th century Common law had it roots among Angles, Britons and Saxons
1,066 A.D. William the Conqueror combined the best of Anglo-Saxon law with Norman law
Civil Law
The term civil law has two different meanings. It either means the system of law built up on Roman law and legal tradition and is in this meaning termed “continental law” (kontinentální právo), or it designates the branch of private law dealing with property and civil liability (občanské právo).
Civil law is a modern legal system based upon Roman law, as distinguished from common law. Civil law is based on written legal codes, common law is based on the precedents
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created by judicial decisions over time. The countries which follow civil law are the countries on the continent of Europe, the countries that were former colonies of such continental powers (Latin American countries) and other countries that have adopted Western legal systems (Japan). It is also the foundation for the law of Quebec province and of Louisiana. Modern countries that do not adhere to civil law (Great Britain, the U.S.) were mostly colonized by England and apply the system of common law.
Roman Law
Roman Law is the legal system of ancient Rome. The development of Roman Law covers more than a thousand years from the law of the twelve tables (from 449 BC) to the
codification of Emperor Justinian I. Roman law as preserved in Justinian´s codes became the basis of legal practice in the Byzantine Empire and later in continental Western Europe. The first legal text the content of which is known to us in some detail is the law of the twelve tables. The first ten codes were
completed by the first Decemvirate in 450 B.C., the last two codes were completed in 449 B.C. by the second Decemvirate and the Law of the Twelve Tables was formally promulgated. The Twelve Tables were literally drawn up on twelve wooden tablets which were posted in the Forum Romanum so that all Romans could read and know them. It was not a law code in the modern sense. It did not provide a complete system of all applicable rules or give legal solutions for all possible cases. Rather, it contains a number of specific provisions designed to change the customary law already in existence at the time of the enactment. The twelve tables covered such branches as Civil procedure, Debt, Parents and children, Inheritance, Property, Real Property, Torts, Constitutional principles, Funeral
regulations, Marriage and Crimes.
Islamic Law (the Sharia)
The Sharia contains the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state. There are two textual sources of Islamic law:
1. the Qur´an which contains the rules by which the Muslim world is governed and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well between man and things which are part of creation.
2. the sunan (pl. of sunnah) which are precedents laid down by the Prophet through his sayings, acts and approvals. The sunnah is an inspiration from Allah but it is passed on us through the words and actions of the Prophet.
Common Law
The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Lousiana), the Bahamas and Zambia, is based on common law.
The sources of Anglo-American law are primary, such as legislation, case or common law and equity, and secondary, e.g. customs or books of authority. All of them are sources of legal rules. A rule made in the course of deciding cases is called a rule of common law. It has as much force as a rule derived from statute. It excludes new rules made by judges when they interpret statutes. The term case law covers both kinds of new rules, i.e. rules resulting from judicial decisions and judicial interpretation of legislation.
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The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decision, the legislation itself is subject to interpretation in the courts.
Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They will also consider decisions made in a lower court, although they´re not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it´s to the point (relevant to the case).
Judicial precedents derive their force from the doctrine of stare decisis (Lat. stand by the decided matter), i.e. that the previous decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction.
The English legal system is centralised through a court structure which is common to the whole country. English judges are independent of the government and the people appearing before them. This allows them to make impartial decisions. English judges have an important role in developing case law and stating the meaning of Acts of Parliament.
Not every judgement in every case is of equal importance. The weight which is given to them will depend upon two things. One is the level of the court in which the case was decided. In English law there is a principle of hierarchy of precedents. Judgements given by superior courts in the hierarchy are binding on inferior courts. Even if a previous case is said to be binding, only some parts of the judgements are important. Lawyers distinguish two parts of a judgement: the ratio decidendi, which means the reason for the decision and produces
precedent for judges to follow in the future, and the obiter dicta, which are “things said by the way” that have only persuasive authority and are not binding (e.g. what the judge thinks the law would be if the facts were different).
Another component of primary sources of Anglo-American law is the law of equity. Equity comprises principles of justice and fairness and the view that no wrong should be without an adequate remedy. In the Middle Ages the courts of common law failed to give redress in certain types of cases where redress was needed. The disappointed litigants petitioned the King, who was the “fountain of justice” for extraordinary relief. The King, through his Chancellor, set up a special court, the Court of Chancery, to deal with these petitions. The rules applied by the Court of Chancery hardened into law, the law of equity, and became a regular part of the law in England. The most important branch of equity is the law of trusts, but equitable remedies such as specific performance and injunction are also much used. This system went on until 1875, when as a result of Judicature Act 1873 the old courts of common law and the Court of Chancery were abolished, and in their place was established a single Supreme Court of Judicature, each branch of which had full power to administer both law and equity. It was enacted that in case of variance between the rules of equity and the rules of common law, the rules of equity should prevail.
Among the basic principles of equity belong:
o equity will not suffer a wrong to be without remedy
o equity follows the law
o he who comes to equity must come with clean hands
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The court system in EnglandVOCABULARY
Binding Závazný
Branch Odvětví
Case Případ
Case law Precedenční právo
Chancellor Kancléř
Civil law Občanské, kontinentální právo
Code Zákoník, kodex
Common law Obyčejové právo
Conduct Chování
Constitutional Ústavní
Court Soud
Crime Trestný čin
Customary law Zvykové právo
Emperor Císař
Empire Říše, království, císařství
Enact Uzákonit
House of Lords deals only with appeals binds courts below but not itself
Court of Appeal deals only with appeals and normally binds binds courts below itself High Court - Family Division - Chancery Division - Queen´s Bench Division
binds courts below but not itself
Crown Court deals with criminal law disputes binds no-one
County court deals with civil law
disputes binds no-one
Magistrates´Court deals with criminal, matrimonial, licensing cases
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Enactment Uzákonění, nařízení
Funeral Pohřební
Government Vláda
Impartial decisions Nestranná rozhodnutí
Inheritance Dědictví
Injunction Soudní příkaz/zákaz
Judge Soudce
Judgement Rozhodnutí, rozsudek
Judicial Soudní
Jurisdiction Soudní pravomoc/příslušnost
Justice Spravedlnost
Law Právo, zákon
Legislation Zákonodárství, legislativa Legislative branch Zákonodárná moc
Litigant Strana ve sporu
Ordinance Vládní nařízení, místní vyhláška
Petition Ţádat
Procedural Procesní
Property Věc, majetek
Real property Nemovitost
Redress, relief, remedy Náprava, odškodnění
Regulation Předpis, směrnice, nařízení, vyhláška
Roman law Římské právo
Rule Pravidlo, norma, předpis
Specific performance Konkrétní plnění
Statute Zákon
Substantive Hmotný
Torts Občanskoprávní delikty
Trial Soudní proces, řízení
Trust Správa cizího majetku
1.ANSWER THE FOLLOWING QUESTIONS
1. Which two parts does a judgement have and how do they differ? 2. When was the Justinian Code formed and why was it so important? 3. What was included in the Code of Hammurabi and when was it formed? 4. What is the Qu´ran?
5. What are the principles of equity?
6. What is the difference between common law and civil law? 7. What is a precedent?
8. What does the term stare decisis mean? 9. What are the sources of common law?
10. Which three meanings does the word law have? 11. Which countries follow civil law system? 12. Which countries follow common law system? 13. What is the name of the Islamic God and Prophet? 14. Why did the King establish the Court of Chancery? 15. Which courts form the English court system?
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2.TRANSLATE THE SENTENCES1. Rozhodnutí vyššího soudu je závazné pro niţší soudy. 2. Soudce musí být nestranný.
3. Zákon dvanácti desek byl sepsán v letech 450 a 449 před Kristem. 4. Stare decisis znamená setrvej při rozhodnutém.
5. Kancléřský soud se zabýval ţádostmi o mimořádné opravné prostředky. 6. Ratio decidendi je závazná část rozsudku mající sílu precedentu. 7. Kontinentální právo je zaloţeno na římském právu a psaných zákonech. 8. Angličtí soudci vyvíjejí precedenční právo.
9. Zákonodárství, precedenční a obyčejové právo jsou primárními zdroji anglo-amerického práva.
10. Občanské právo je odvětvím práva soukromého.
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3.TRY TO MAKE A CHART OF THE COURT STRUCTURE IN THE CZECH REPUBLIC
4th tier
3rd tier
2nd tier
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4.MATCH THE DEFINITIONS WITH THE WORDS AND PHRASES BELOW
1. the place where cases are heard
2. a person with authority to hear and decide disputes brought before a court for decision 3. an earlier judicial decision which influences or binds courts in later similar cases
4. a separate area or subject of law
5. the body of law contained in previous judicial decisions as opposed to statute law 6. the decision of a court in a case brought before it
7. the principle that decisions of courts in previous cases must be followed in later similar cases 8. an Act of Parliament, the body of law contained in Acts of Parliament as opposed to case law 9. the process of examining and deciding a civil or criminal case before a court
10. the system of law developed at Rome and in the Roman Empire
11. a method which the law gives to prevent or compensate a wrong; also called relief, redress, compensation or damages
12. the reason for a judicial decision, the principle on which it is based. It is the part of the decision which is binding as a precedent.
13. it has two meanings, either the process of making written law or statute law 14. independent
5.FORM ADJECTIVES FROM THE GIVEN NOUNS AND VERBS
judge ___________, law ______________, legislation ____________, custom __________, constitution ________________, text _____________, substance ___________, process ______________, bind ___________, persuade _____________, equity ____________, region ______________, administration _______________, count _____________, education
____________, enter ____________
6.MATCH THE SYNONYMS
1. Lawbook A. Fairness 2. A law B. Things 3. Justice C. Inferior 4. Conduct D. Code 5. Property E. Behaviour 6. Higher F. Redress 7. Lower G. Superior 8. Remedy H. Statute
Městský soud v Praze, Městský soud v Brně, Vrchní soud, Regional Courts, The Supreme Administrative Court, Krajské soudy, District Courts, Constitutional Court, The Supreme Court, Nejvyšší správní soud ČR, Superior Court, Nejvyšší soud ČR, Obvodní soudy v Praze, Ústavní soud ČR
remedy, case law, court, impartial, precedent, trial, ratio decidendi, judgement, judge, stare decisis, legislation, Roman law, statute, branch of law
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7.ARE THE FOLLOWING STATEMENTS TRUE OR FALSE?
1. The legislative branch of a government is the system of courts. 2. Common law is based on the precedents.
3. The decisions of the Crown court are binding on all higher and lower courts. 4. Among equitable remedies belong specific performance and injunction. 5. The Sharia is the body of Islamic religious law.
6. Civil law is followed in the European countries and their former colonies but also in some regions in the US and Canada.
7. The law of the twelve tables was completed by a group of ten people in 450 B.C. 8. Ratio decidendi and obiter dicta are two parts of equity.
9. The Court of Chancery decided cases where the litigants were not satisfied with the original judgement in their case.
10. Equity originated because the courts of common law took too long to decide cases and their decisions were not always just.
11. In the Czech Republic, the constitutional court is the part of the court structure. 12. When speaking about courts, a tier is the same as a level.
13. William the Conqueror was a Norman duke who defeated Saxons in the Battle of Hastings. 14. In A.D. 528 the Emperor Justinian began a review of the old Roman laws. There were
thousands of Roman laws that ordered life in the empire. The emperor chose ten men to review 1,600 books full of Roman Law and create a simpler legal code. These men were able to create the Justinian Code with just over 4,000 laws.
15. The famous quotation “eye for eye, tooth for tooth” comes from a lawbook written for Ur-Nammu.
8.MATCH THE EXPRESSIONS FROM COLUMN 1 WITH THOSE FROM COLUMN 2 AND TRANSLATE THEM system Ages conduct branch legislative colonies Roman decidendi common decision former decisis ancient dicta Twelve Empire real judges Prophet law judicial law hierarchy Muhammad Stare of Chancery impartial of parliament case of people Act of regulations
Ratio of the courts
Obiter performance
Middle property
Court Rome
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Sources
Chromá, Marta, New Introduction to Legal English I, Karolinum, 2003 Rice, Sally, Professional English in Use, Cambridge University Press, 2007 Šopovová, Radoslava, Úvod do právnické angličtiny, Alfa Publishing, 2006 Tozzi, Kamila, Legal English, Linde Praha, a.s., 2004
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UNIT 3 – LEGISLATION
Legislation refers to the preparation and enactment of laws by a legislative body through its lawmaking process. The legislative process includes evaluating, amending and voting on proposed laws and is concerned with the words used in the bill to communicate the purposes of the proposal. An idea becomes an item of legislative business when it is written as a bill. A bill is a draft of what might become part of the written law. A bill that is enacted is called an act or statute.
The main legislative body is Parliament. Parliament creates law but not all the law created through Parliament is of the same kind. We distinguish various levels of legislation:
Primary legislation concerns statute law. Bills proposed in Parliament become Acts. These acts may either be general or personal. General acts (also called public acts) apply to everybody, everywhere within the legal system. Personal and local acts (also called
private acts) apply either to particular individuals or areas. General legislation is much more common than personal and local legislation.
Secondary (delegated) legislation is created by a different body than Parliament. If Parliament cannot decide exactly what the law should be on a point because of the lack of expertise or the need of frequent changes, it may pass an act giving somebody else the power to make law in the appropriate area. Such power is often given to government ministries or local authorities. A person or body to whom legislative power is delegated cannot make law about anything. The parent act will determine the area in which law can be made but the details of that law will be left to the persons or body to whom legislative power is delegated. They may also have the power to change that law from time to time. Most delegated
legislation is published as a statutory instrument (also called subordinate law). A subordinate law is a regulation, rule or by-law.
The final type of legislation that we have to consider is the range of directives, circulars and guidance notes produced by various State agencies and bodies such as the Inland Revenue, the Department of Health and Social Services, and the Department of Employment. Some of these documents bind the people to whom they are addresssed, many are not legally binding.
The legislative bodies The Republic of
Ireland
U.S. GB The Czech Republic
The Oireachtas The Congress The Parliament The Parliament
Dail The House of
Representatives
The House of Commons
The Chamber of Deputies The Seanad The Senate The House of Lords The Senate
We can distinguish bills according to their sponsors. Government bills are introduced by a minister with the support of the Government. Private members´ bills are introduced by private or ordinary members without the support of the Government.
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Statutes are divided into sections (paragraf – Arabic numerals), sub-sections (odstavec –
Arabic numerals), paragraphs (písmeno – letters) and sub-paragraphs (věta – Roman numerals) – e.g. Succession Act, 1965, s. 115(2)(a)(ii).
Czech laws are assigned two crucial dates, namely the date of coming into force and the date of effect (or operation).
In the ČR, the legislative process for ordinary bills has 3 steps:
the date of force
(the date of publication in the Collection of Laws of the
ČR)
Vacatio legis
(the period between)
the date of effect
(written in the statute, the earliest date - date of publication in the CL)
•a bill may be proposed by a deputy, a group of deputies, the Senate, the government or the board of representatives of a higher territorial self-governing unit.
•the bill proposal must go through a first reading in the CHD, from where it is passed on to a committee, which adds possible modifying proposals
(amendments) before the second reading •a vote is taken on these proposals in the third
reading, followed by a vote on the final wording of the bill
•the bill passes the CHD by a majority of those deputies present
The bill proposal is approved by the Chamber of Deputies and is passed on
for review by the Senate.
•if a bill is rejected by the Senate, it is returned to the CHD; there the Senate veto must be overruled by the majority of the votes of all deputies (101), or such a bill must be redrawn
•the Senate must decide on the bill within 30 days •if the bill is returned with modifying proposals, the CHD
takes a vote on the modified wording; if it is approved by the majority of deputies present, the bill is passed on to the president for signature
The approval of the bill by the Senate and its passing to the president for
signature.
•if the president doesn´t sign the bill within 15 days, it returns to the CHD, where the veto must be overruled by the majority of all deputies or the bill must be redrawn
•after the bill has been signed by the president, the signature of the prime minister is then added and the bill may be published in the Collection of Laws
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The legislative processes in GB and U.S.Great Britain U.S.
1st reading - a “dummy” copy of the bill is placed on the Table, the Speaker calls the name of its sponsor, the Clerk reads its title and the Minister in charge of the Department introducing the bill names a day for its second reading
2nd reading - the Leader of the House announces the date of the debate when the principle of the bill is considered, the debate on the second reading is printed in Hansard
Committee stage – clause by clause consideration, amendments may be moved, if a bill is amended, it is reprinted and given a new bill number 3rd reading – overview of the bill and permitting it to proceed or not, important changes cannot be made any more
1st reading – any congressman or a group of congressmen may introduce a bill while the House of Representatives is in session
The bill´s title is entered in the Journal and printed in the Congressional Record, it is assigned its legislative number and referred to a committee by the Speaker, the bill is printed and made available to the public
2nd reading – section-by-section reading, amendments may be offered (the Chair allows 5 minutes to explain it and 5 min in opposition to it – to prevent filibuster-like tactics)
Committee procedure – a committee transmits a copy of the bill to the relevant departments and agencies which are required to comment on it
Royal Assent Approval of the President
Failure by the President to return it within 10 days while Congress is in session
Overriding of a presidential veto by a two-thirds vote in each House
VOCABULARY
Act Schválený zákon, nařízení, rozhodnutí, výnos
Amendment Dodatek, novela
Approve a proposal Schválit návrh
Bill Návrh zákona
By-law Vyhláška orgánu místní samosprávy, obecní vyhláška, vnitřní předpis, stanovy
Circular Oběţník
Committee Výbor
Department of Employment Ministerstvo práce Department of Health and Social Security
(services)
Ministerstvo zdravotnictví a sociálního zabezpečení
Directive Směrnice, nařízení
Filibuster Maření legislativního procesu
Final wording Definitivní znění
General Act (Public Act) Zákon se všeobecnou působností Government bill Vládní návrh zákona
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Inchoate act = bill Neúplný zákon
Inland Revenue Státní příjem z daní a poplatků Legislation Zákonodárství, legislativa Modifying proposals Pozměňovací návrhy Overrule the veto Přehlasovat veto
Parliamentarian Odborník na parlamentní proceduru Pass on for review Postoupit k posouzení
Personal and Local Act Zákon s omezenou působností Presidential assent Souhlas, schválení presidentem Primary legislation Primární legislativa
Private bill Návrh zákona s omezenou působností Private member´s bill Poslanecký návrh
Public bill Návrh zákona se všeobecnou působností
Quorum Kvorum, nejniţší počet účastníků zasedání, aby bylo usnášeníschopné
Redraw (redrew, redrawn) Přepracovat
Reject Zamítnout
Secondary (delegated) legislation Sekundární legislativa Speaker, chairman, chair Předseda sněmovny
Sponsor Předkladatel návrhu zákona
Statute law Zákonodárství, psané právo Statutory instrument Podzákonný právní předpis
Subordinate law Podzákonný (prováděcí) právní předpis The board of representatives of a higher
territorial self-governing unit
Zastupitelstvo vyššího územního samosprávného celku
The Journal Zápis z jednání parlamentu
The parent Act Zmocňovací zákon
To introduce a bill Předloţit návrh zákona
Whip Sekretář politické strany dohlíţející na stranickou disciplínu
Sources of Czech law
Komunitární právo, právo ES
Community Law, EEC Law
ústavní zákony
constitutional laws
zákony
laws, statutes
zákonná opatření Senátu
legal measures of the Senate
podzákonné právní předpisy - subordinate legislation/statutory instruments
nařízení vlády - decrees, ordinances
vyhlášky ministerstev - ministerial notices
vyhlášky zastupitelstev, obcí - ordinances of councils, municipalities
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1.ANSWER THE QUESTIONS1. How many readings of a bill are there? 2. What are government bills?
3. What are private members´bills?
4. What do you call the period between the date of force and the date of effect? 5. What do you call the person who introduces the bill in the chamber?
6. What do you call the person who presides the chamber? 7. What happens in the 1st reading?
8. What happens in the 3rd reading? 9. What happens in the second reading? 10. What is a bill?
11. What is an act?
12. What is most delegated legislation published as? 13. What is primary legislation?
14. What is secondary or delegated legislation?
15. What is the difference between general acts/public bills and personal and local acts/private bills?
16. What is the name of the main legislative body of the USA and which 2 houses does it have? 17. What is the parent act?
18. When does a law come into effect? 19. When does a law come into force?
20. Which 2 chambers does the English Parliament have? 21. Which 2 houses does the Czech Parliament have? 22. Which kinds of subordinate law do you know? 23. Who can introduce a bill?
24. Who needs to approve the bill?
2.TRANSLATE
1. Návrh zákona můţe podat poslanec, skupina poslanců, Senát, vláda nebo zastupitelstvo vyššího územního samosprávného celku. 2. O těchto návrzích je hlasováno ve třetím čtení, poté jiţ následuje hlasování o definitivním znění. 3. Zákon je schválen Poslaneckou sněmovnou v případě, ţe jej odsouhlasí nadpoloviční většina přítomných poslanců. 4. Zde musí být veto Senátu přehlasováno nadpoloviční většinou hlasů všech poslanců, tedy 101 hlasy, anebo musí být návrh zákona
přepracován. 5. V případě navrácení s pozměňovacími návrhy hlasuje Poslanecká sněmovna o tomto upraveném znění. 6. Je-li nové znění odsouhlaseno nadpoloviční většinou přítomných poslanců, zákon putuje k podpisu prezidentovi.7. V případě, ţe prezident návrh zákona nepodepíše do 15 dnů, putuje návrh zákona zpět do Poslanecké sněmovny, kde musí být veto přehlasováno nadpoloviční většinou všech poslanců, nebo musí být návrh zákona přepracován.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
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___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________3.MATCH THE SYNONYMS
1. Legislation A. The lawmaking process
2. General act B. Enacted bill
3. Personal and local act C. Change of law 4. Statutory instrument D. Approval
5. Legislative body E. House
6. Act F. Public bill
7. Chamber G. Parliament
8. Sponsor H. Most of the members
9. Vacatio legis I. Private bill
10. Amendment J. Delegated legislation
11. Speaker K. Clause by clause consideration
12. Assent L. Chairman
13. Section-by-section reading M. The person who introduces the bill
14. Majority N. Subordinate law
15. Secondary legislation O. The period between the date of force and effect
4.ORDER THE SENTENCES TO DESCRIBE THE LEGISLATIVE PROCESS IN THE ČR AND FILL IN THE GAPS WITH SUITABLE WORDS FROM THE TABLE BELOW
1. A bill may be proposed by a __________, a group of deputies, the Senate, the __________ or the board of representatives of a higher territorial self-governing unit.
2. A vote is taken on these proposals in the ______ reading, followed by a vote on the final ____________ of the bill.
3. After the bill has been __________ by the president, the signature of the prime minister is added and the bill may be published in the _______________.
4. If a bill is ___________ by the Senate (more than half of senators present are against it), it is ____________ to the Chamber of Deputies.
5. If it does not do so, or if it _________ not to deal with the bill, such a bill is passed on to the _____________.
6. If it is approved by the ____________ of deputies present, the bill is passed on to the president for ___________.
7. If the bill is returned with ___________ proposals, the Chamber of Deputies takes a _________ on the modified wording.
8. If the president does not sign a bill within 15 days, it returns to the ____________, where the veto must be __________ by the majority of all deputies or the bill must be redrawn.
9. The approval of the _____ by the Senate and its _________ to the president for signature. 10. The bill passes the Chamber of Deputies by a majority of those deputies ___________.
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11. The bill proposal is approved by the Chamber of Deputies and is passed on for _________ by the Senate.
12. The bill proposal must go through a first ___________ in the Chamber of Deputies, from where it is passed on to a _____________, which adds possible modifying proposals before the second reading.
13. The legislative process for normal bills has three __________. 14. The president´s signature.
15. The Senate must decide on the bill __________ 30 days.
16. There, the Senate _______ must be overruled by the majority of those votes of all deputies, i.e. __________ votes, or such a bill must be redrawn.
Bill 101
Decides Collection of Laws
Deputy Committee
Chamber of Deputies government
Majority Overruled Modifying Passing Present President Rejected Reading Review Returned Signed Signature Steps Vote Third Within Veto Wording
5.DO YOU RECOGNIZE THE PEOPLE AND PLACES?
Sources
Chromá, Marta, New Introduction to Legal English I, Karolinum, 2003 http://www.czech.cz/en/basic-facts/politics/separation-of-powers
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UNIT 4 – DIVISION OF LAW
In this unit we will concentrate on three main divisions of law, namely: public law and private law, civil law and criminal law, and substantive law and procedural law.
Public law – is concerned with the distribution and exercise of power by the state and the legal relations between the state and the individual (e.g. rules governing the powers and duties of local authorities, the operation of the National Health Service, the regulation of building standards, the issuing of passports, the compulsory purchase of land to build a motorway).
it consists of constitutional, administrative, criminal and international law
it is concerned with the organization of the state, the relations between the state and the people who compose it, the responsibilities of public officers to the state, to each other, and to private persons, and the relations of states to one another
it defines rights and duties with the operation of government or the relationships between the government and individuals, associations and corporations
the main purpose of public law rules – the promotion of social objectives and the protection of collective interests
methods to achieve the purposes – the creation of a public body with special powers of investigation, decision-making and enforcement in relation to a particular problem
Private law - is concerned with the legal relations between individuals (e.g. the liability of employers towards their employees for injuries sustained at work, consumer´s rights against shopkeepers and manufacturers over faulty goods, owners´rights to prevent others walking across their land)
it defines, regulates, enforces and administers relationships among individuals, associations and corporations, citizens or private individuals
the main purpose of private law rules – the protection of individual interests
methods to achieve the purposes – individuals have the right to take action in defence of their interests
Criminal law – regulates the legal relationships between the state and individual people and bodies
the law by which the state regulates the conduct of its citizens
it is concerned with acts or omissions which are contrary to public order and society as a whole and which render the guilty person liable to punishment (such as fine,
imprisonment..)
there are petty offences (parking offences, traffic infringements, minor assaults) and serious offences (murder, rape, burglary)
the parties to the action – the state and an individual
criminal proceedings in GB – a prosecutor prosecutes the defendant. The case is heard in the magistrates´court or the Crown Court, depending on the seriousness of the offence. The prosecutor will have to prove to the court, beyond all
reasonable doubt, that the defendant committed the offence charged. The court will have to determine whether or not the defendant is guilty. In the magistrates´ court it will be for the magistrates to determine this question, in the Crown Court it will be for
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the jury to decide questions of fact and for the judge to decide questions of law. A finding of “not guilty” will lead to the defendant´s acquittal. A finding of “guilty” will lead to a conviction and may lead to a sentence of imprisonment or some other form of punishment such as a fine or probation.
criminal case citation – R. v. Sikes (R = Rex or Regina, v – pronounce ví)
Civil law – regulates the relationships between individuals or bodies, it defines the rights and duties of persons to one another and provides a system of remedies (damages, specific
performance ..)
examples of civil law - the law of contract, tort, family law and property law the parties to the action are an individual and another individual person or body civil proceedings in GB – the plaintiff (the party harmed) sues the defendant,
although in some areas of the civil law other terms are used. For example, in the case of a divorce the petitioner sues the respondent. The case will usually be heard in either the county court or the high court, depending on the nature of the case and the size of the loss. The plaintiff usually has to prove, on the balance of
probabilities, that the events took place in the manner claimed. This is a lower standard of proof than in criminal cases. If the plaintiff proves their case, the court will make some kind of order. What this will be, will depend upon the kind of case and what the plaintiff has asked for. The basic choice before the court is whether to order the defendant to compensate the plaintiff for their loss by awarding damages, or to order the defendant to act, or refrain from acting, in some specific way in the future. civil case citation – Rylands v. Fletcher (v – pronounced as and)
Liability – some kinds of conduct give rise to criminal liability, some to civil liability and some to both civil and criminal liability. The seriousness of the conduct does not necessarily determine the type of liability to which it gives rise, conduct which is contrary to the criminal law is not always “worse” than conduct which is against the civil law.
Substantive law – it purports to regulate specified areas, e.g. contract, tort, crime, property, law of wills; now more important than procedural law, it creates, defines and regulates rights and duties of parties
Procedural/adjective/adjectival/remedial law – it lays down the framework within which substantive law can operate,e.g. law of pleading, law of evidence, law of jurisdiction; it was of primary importance in the early stages of the growth of the common law, it prescribes methods of enforcing the rights or obtaining redress for their invasion, it is machinery for carrying on procedural aspects of civil or criminal action
VOCABULARY
Acquittal Zproštění viny
Administrative law Správní pr.
Award damages Přisoudit odškodné, přiznat náhradu škody Bring an action in nuisance Podat ţalobu pro rušení
Civil law Občanské právo
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Civil procedure Civilní proces, občanské soudní řízení Civil wrong (tort) Občanskoprávní delikt
Claim compensation Poţadovat odškodné
Company law Firemní právo, obchodní právo (právo obchodních spol.) Conflict of laws Mezinárodní právo soukromé
Constitutional law Ústavní pr.
Conviction Usvědčení, odsouzení Criminal law Trestní právo
Criminal liability Trestněprávní odpovědnost Criminal offence Trestný čin
Criminal procedure Trestní proces, trestní právo procesní
Defendant Obţalovaný, ţalovaný
Distribution and exercise of power Rozdělení a vykonávání moci Enter into a contract Uzavřít smlouvu
Faulty goods Vadné zboţí
Guilty, not guilty Vinen, nevinen International law Mezinárodní pr. Legal entity Právnická osoba Legal person Právní subjekt Legal personality Právní subjektivita
Loss Ztráta, škoda
Minor assault Méně závaţný trestný čin napadení Natural person Fyzická osoba
Negligence Nedbalost
Petitioner Navrhovatel
Petty offence, serious offence Drobný přestupek, závaţný trestný čin Planning permission Stavební povolení
Pleading Postup stran v soudním jednání
Private law Soukromé právo
Procedural law, remedial, adjective or adjectival law
Procesní právo Prosecutor, plaintiff Prokurátor, ţalobce Public body Veřejnoprávní orgán
Public law Veřejné právo
Public officer Veřejný činitel
Respondent odpůrce
Seek an injunction Domáhat se soudního příkazu/zákazu
Sentence Rozsudek
Substantive law Hmotné právo
Sue Podat ţalobu, domáhat se ţalobou čeho Sustain an injury Utrpět zranění
Take legal action Podniknout soudní kroky Traffic infringement Porušení dopravních předpisů
1.TRANSLATE:
Veřejné právo se zabývá právními vztahy mezi státem a jednotlivci. Veřejné právo zahrnuje právo ústavní, trestní, mezinárodní a správní. Konkrétními příklady záležitostí, které řeší normy veřejného práva, je vystavování pasů, vyvlastnění pozemku kvůli stavbě dálnice atd. Hlavním záměrem veřejnoprávních norem je ochrana společných/společenských cílů. Soukromé právo se zabývá právními vztahy mezi jednotlivci. Hlavním záměrem soukroměprávních norem je ochrana zájmů jednotlivce.
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Trestní právo reguluje právní vztahy mezi státem a jednotlivcem a zabývá se chováním svých občanů. Trestní právo se zabývá činy, které jsou proti veřejnému pořádku a společnosti jako celku. Cílem je potrestat viníka, např. odnětím svobody, pokutou.
Občanské právo reguluje právní vztahy mezi jednotlivci navzájem. Příkladem občanského práva je právo smluvní, rodinné a věcná práva. Občanské právo definuje práva a povinnosti jednotlivců a poskytuje systém odškodnění.
Hmotné právo definuje práva a povinnosti stran, kdežto procesní právo předepisuje metody, jak svá práva můžeme vymoci či získat odškodnění za jejich porušení.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
2.MATCH THE DEFINITIONS WITH THE WORDS AND PHRASES BELOW
1. the part of the law which deals with relations between ordinary individuals, and also between individuals and the State in circumstances where the State has no special rights or powers
2. the person who presents the case in a criminal court against a person accused of a crime 3. legal responsibility for one´s actions together with an obligation to repair any injury caused 4. the person accused of a crime or a person against whom legal action is taken
5. a sum of money which the court orders the defendant to pay to the plaintiff as compensation for a breach of contract or a tort
6. a person is _________ of a crime if he/she has committed it
7. a person with authority to hear and decide disputes brought before a court for decision 8. a body of usually 12 persons who decide the facts of a case and give a decision of guilty or
not guilty called a verdict
9. the lowest court of first instance with limited civil and criminal jurisdiction, generally composed of 2-7 lay justices of the peace
10. the person who takes legal action against somebody in a civil case
11. the judgement of a criminal court stating what punishment is to be given to a person convicted of a crime
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3.ANSWER THE QUESTIONS:1. What is the main purpose of the private law rules? 2. What is the definition of criminal law?
3. What is the main aim of the public law rules? 4. How are purposes of private law obtained? 5. What is the definition of substantive law? 6. What is the definition of civil law?
7. Who are the parties to a criminal action?
8. Provide some examples of petty and serious offences. 9. Which courts deal with criminal actions?
10. Who are the parties to a civil action? 11. What does public law deal with?
12. What is the definition of procedural law? 13. What does private law deal with?
14. Which branches of law belong to public law? 15. Which branches of law belong to private law? 16. Which courts deal with civil suits?
17. How are purposes of public law achieved?
18. How do you cite a criminal and a civil case?
4.MATCH THE QUESTIONS AND THE ANSWERS OR THE BRANCHES OF LAW WITH THEIR DEFINITIONS
1. Civil law A. Účinnost, the date is written in the statute
2. Criminal law B. The Senate
3. Explain the term primary legislation. C. The Queen 4. Explain the term secondary legislation. D. The President 5. How many deputies must be present for a
bill to pass the Chamber of Deputies?
E. The period between the date of force and the date of effect
6. How many readings of a bill are there? F. The law-making process. 7. If the Senate returns the bill to the
Chamber of Deputies, how many deputies must support it to overrule the Senate´s veto?
G. Přemysl Sobotka
8. In the CR, where does the first reading happen?
H. Platnost, date of publication in the Collection of laws
9. Private law I. Penalty, sanction – imprisonment, fine, probation, community service
10. Procedural law J. Parts of statutes 11. Public law K. Parliament, Congress..
12. Substantive law L. MPs without the support of the government
13. What are amendments? M. Mirek Topolánek
guilty, liability, prosecutor, damages, v., jury, defendant, private law, judge, plaintiff, sentence, magistrates´court
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14. What are general acts? N. Minister with the support of the government
15. What are personal and local acts? O. Miloslav Vlček
16. What are petty offences? P. Less serious – traffic infringements, parking offences
17. What are sections? Q. Laws which apply to all the people and places within the legal system
18. What are serious offences? R. Laws which apply only to some people or areas
19. What happens in the 1st reading in GB and U.S.?
S. Laws made by parliament, statute law, includes general and personal and local acts
20. What happens in the 3rd reading? T. Laws created by a different body than a Parliament, usually ministries or local authorities, it usually has the form of a statutory instrument
21. What is a bill? U. It regulates the relationships between individuals, it defines the rights and duties of persons to one another and provides a system of remedies. Examples – the law of contract, family law,
property law.
22. What is a legislative body? V. It prescribes methods of enforcing the rights or obtaining redress for their invasion. It describes what happens at the court.
23. What is an act? W. It is the law by which the state regulates the conduct of its citizens. It is concerned with acts or omissions which are against public order and society as a whole. 24. What is legislation? X. It is concerned with the legal relations
between individuals. Examples – consumer´s rights, owner´s rights, liability of employers towards their employees for injuries sustained at work. 25. What is punishment? Y. It is concerned with the distribution and
exercise of power by the state and the legal relationship between the state and the individual. Examples – constitutional, administrative, criminal and international law.
26. What is the Czech Prime Minister called? Z. It creates, defines and regulates rights and duties of parties. It is now more important than procedural law. 27. What is the date of effect? AA. In the Chamber of Deputies 28. What is the date of force? BB. Improvements/changes of the
bill/modifying proposals 29. What is the Chairman of the Chamber of
Deputies called?
CC. Formal, short, correct spelling mistakes, no important changes, they discuss the final wording
30. What is the President of the Senate of CR called?
DD. Crimes – burglary, murder, rape 31. What is vacatio legis? EE. By-laws, rules, regulations
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32. Which body must approve the bill after itpasses the Chamber of Deputies?
FF. An enacted bill (a passed statute) 33. Which examples of statutory instruments
do you know?
GG. A proposal/suggestion/draft of an act
34. Which reading is the most important? HH. A majority
35. Who introduces government bills? II. A deputy, a group of deputies, the Senate, the government, the board of representatives of a higher territorial self-governing unit
36. Who introduces private members´bills? JJ. A bill is introduced, also its sponsor, a date for the second reading is settled
37. Who may propose a bill in the CR? KK. 3
38. Who must approve a bill in GB? LL. 2nd – amendments may be moved, various bodies and committees discuss it and may comment on it … 39. Who must approve a bill in the U.S.? MM. 101
5.DESCRIBE THE CIVIL AND CRIMINAL PROCEEDING
Civil proceedings Criminal proceedings
Names of parties
Which courts deal with the case
What is the burden of proving
Possible judgement
Sources
Chromá, Marta, New Introduction to Legal English I, Karolinum, 2003 Riley, Alison, English For Law, Phoenix ELT, 1996
