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WORDS AND PHRASES YOU NEED TO KNOW

1. equitableadj(just)

equity casen(case concerning asking for court action to prevent a wrong or end a wrong being done)

2. remedyn(the means of enforcing a right or preventing a wrong)

3. equitable remedyn (a nonmonetary remedy, such as an injunction or specific performance, obtained when monetary damages cannot adequately redress the injury)

4. appealv(to) (seek review from a lower court’s decision by a higher court) appeal n

5. lawyern(one who is licensed to practice law)

6. precedentn(use or former customs or decisions as a guide to present actions)

7. bindingadj(legal)

8. proceduren(the judicial rule or manner for carrying on a civil lawsuit or criminal prosecution)

9. subpoenan(a writ commanding a person to appear before a court, subject to a penalty for failing to comply) subpoena v

10. rectificationn (a court’s equitable correction of a contractual term that is misstated)

11. specific performancen(a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved)

12. rescissionn (cancellation of a contract and the return of the parties to the positions they would have occupied if the contract had not been made)

rescindv (put an end to a law, agreement etc)

13. mortgagen (1. an agreement to borrow money, especially so as to buy a house, and pay interest on it to the lender over a period of years 2. the amount lent on a mortgage 3. the amount of interest paid on a mortgage)

mortgage v (borrow money from a bank)

14. trustn (1. an arrangement for holding and controlling of a property or money for advantage of someone else 2.responsibility)

15. trespassn(most often connotes a wrongful interference with the possession of property and is applied to personal property as well as to realty.

trespass v (to go onto someone’s private land without their permission)

Exercise 1. Read the following sentences, notice carefully the active words in bold, and translate the sentences into Russian.

Equitable

1. (Mistakes of fact which render a contract void) Where there is a mistake as to the subject-matter, but the mistake is not so fundamental as to render the contract void, the court may nevertheless allow one party the equitable remedy of rescission, that is the right to have the contract set aside if he so wishes.

2. It was an equitable solutionto the dispute.

3. Historically this was an important source and it still plays a part today with many of our legal concepts having developed from equitable principles.

Remedy

1. The principal remedy in tort is an award of damages to compensate the injured party for the loss he has suffered.

2. The law provides no remedy for this injustice (=cannot put it right)

3. Another major problem was the fact that the only remedy the common law courts could give was ‘damages’ – that is an order that the defendant pay a sum of money to the plaintiff by way of compensation.



Appeal

1. After a case has been heard in court or in a tribunal, one of those involved may decide that it has not been conducted fairly. If so they may decide to appeal to a higher court to have the case retried.

2. If the appealis allowed, then it is heard in a higher court than the original case. So, for example, a case that was originally heard in a Magistrates’ Court, will be heard on appeal in a Crown Court. Crown Court cases go the Court of Appeal; and Court of Appeal cases go the House of Lords. There is a parallel route for civil cases.

3. People who could not obtain justice in the common law courts appealed directlyto the King.

Lawyer

1. A lawyer is someone who makes sure he gets what’s coming to you. (Anonymous)

2. In English law there is a traditional distinction between the two main types of lawyeryou could consult: in the past if you wanted someone to speak on your behalf in court you went to a barrister; otherwise you went to a solicitor. Today things are more complex. Solicitors have the right to plead a case in certain courts, and trained paralegals conduct a lot of the business formerly done by solicitors.

3. Most of these cases were referred to the King’s Chancellor, who was both a lawyer and a priest, and who became known as the keeper of the King’s conscience.

Precedent

1. For a system of precedent to operate effectively it is essential that the reasons for decisions of past cases are properly recorded.

2. The Queen has broken with precedent by sending her children to ordinary schools.

3. This was because the Chancellor based his decision on principles of natural justice and fairness, making a decision on what seemed ‘right’ in the particular case rather than on the strict following of previous precedents.

Binding

1. A past decision is bindingonly if the legal point involved is the same as the legal point in the case now being decided.

2. The contract is bindingon everyone who signed it.

3. He was also prepared to look beyond legal documents, which were considered legally binding by the common law courts, and to take account of what the parties had intended to do.

Subpoenan v

1. The defence has subpoenaed three witnesses.

2. James was subpoenaed as a witness.

3. To ensure that the decisions were ‘fair’ the Chancellor used new procedures such as subpoenas, which ordered a witness to attend court or risk imprisonment for refusing to obey the Chancellor’s order.

Rescission/rescind

1. Any misrepresentation, even innocent, will give the other party a right to rescind the contract, that is, to end it if he so wishes.

2. Since rescission is an equitable right, it must be exercised reasonably promptly.

3. The main equitable remedies were:injunctions; specific performance; rescission;andrectification. These are all still used today.

Mortgage

1. My mortgage is with a small building society.

2. He’s having a lot of trouble paying his mortgage every month.

3. This other person is said to have an equitable interest in he property. It is difficult to imagine life today without mortgages – the vast majority of homeowners buy their property with the aid of a mortgage

Trust

1.The money will be heldin trust for youuntil you are 21.

2.The children have been placedin my trust.

3. Trusts are widely used in setting up such matters as pension funds, as well as within families when property is settled on younger members of the family or between husband and wife.

Trespass

1. Leo erects a fence that inadvertently crosses adjoining property. He trespasses on that property and is responsible for all damage that results from his action.

2.The English word ‘trespass’ means to enter privately owned property or land without permission.

3. Injunctions are also used to prevent trespass to land or to prevent excessive noise, or smoke or other nuisances.


Date: 2016-01-14; view: 316


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