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Concept Defining word1 Claimant a a legal principle whereby ... 2 Defendant b the duty ... 3 Burden of proof c someone who ... 4 Standard of proof d a standard of proof... 5 Presumption of innocence e the degree of proof... 6 Proof beyond reasonable doubt 7 Proof on a balance of probabilities 15. Contrasting Language use Use the Notes from ex. 13 to write five sentences contrasting criminal and civil procedure. In your answers use conjunctions while or whereas, for example: ‘While a criminal act is called an offence, a civil act is called a wrong, or wrongdoing’, or: ‘A criminal act is called an offence whereas a civil act is called a wrong’. Don’t forget to use the articles. 16. ‘Damage’ or ‘damages’? Lexis The word ‘damage’ means loss or harm resulting from injury to person, property or reputation. ‘Damages’ are compensation in money imposed by law for loss or injury. NB: do not say ‘moral damage’, the correct English equivalent is ‘mental distress’ or ‘emotional distress’.
a) Fill the gaps with the appropriate option. 1. The_________ done to the house was/were extensive. 2. Survivors of the air crash were paid $3000 each in __________. 3. ____________of $2500 was/were awarded by the court. 4. No__________ had been done and we pushed the van back onto the road. 5. Although the driver was found not guilty in the criminal trial, the victim of the road accident decided to claim ___________. 6. The divorce caused great____________ to his career and reputation. 7. She sued for libel, and the court ordered the defendant to pay________ of £15,000. 8. Mining in the area was doing irreparable______________ to the environment.
b) From the examples above write out collocations and structures for both words. ‘Damage’ ‘Damages’ to do damage to pay damages ………………… …………………..
c) fill the gaps and write out collocations and structures for both words. 1. In France a victim of a crime is awarded_______ by a criminal court judge. 2. The storm caused great_______ to the crops. 3. Many traumatic events can be overcome without lasting ______. 4. I agreed to help pay for the_______ to the floor and the ceiling. 5. A post-mortem showed the_______ done to the liver. 6. He could not repair the_______ done to the party’s standing and credibility. 7. He finally got £4,000 in ________. 8. The injury caused irreversible brain _______.
17. Punctuation Language use a)Next to each name put the relevant punctuation mark. (AE = American English) 1. comma ________ 2. full stop (period in AE) ________ 3. colon ________ 4. semicolon ________ 5. question mark ________ 6. hyphen ________ 7. dash ________ 8. exclamation mark ________ 9. stroke/slash ________ 10. apostrophe ________ 11. double quotes/quotation marks/inverted commas ________ 12. single quotes ________ 13. (round) brackets (parentheses in AE) ________ 14. square brackets ________
b) Read the following examples and complete the rules with one or two words. Punctuation marks which are in focus (or their absence) are shown by underlining.
EXAMPLES RULES a(title) In titles, use upper case for the first letter of ‘The Dangers of Publicity’ the main words. Use_____case for articles, ‘How Long Should Mothers Wait?’ the words and, or, for, nor and prepositions, unless they are the first or the last word in a title. NO______is used at the end of a title. Question marks and other punctuation marks are used as normal. b (title) Sources of Modern Law If it is your own title, do not use _______.
cHe asked me if I needed any help. No_________is used in reported speech. Why didn’t you tell me if you enjoyed You only use a _______if the main sentence the show? is a question.
d When everyone is ready, we’ll leave. When a subordinate clause comes first in We’ll leave _ when everyone is ready. a sentence, a comma is _______. When the main clause comes first, a comma is ____.
Relative clauses e His son who works in Strasbourg is a If a clause carries essential information, lawyer. (He has more than one son) it is a defining clause and no commas are His son, who works in Strasbourg, is a used. lawyer. (He has only one son) If a clause carries additional information, Cf. My wife, who is in publishing, is it is a non-defining clause, and commas going to a book fair. must be used. The third sentence contains a _____clause as I can only have _____wife.
The filmthat we saw yesterday was very Relative clauses can be introduced by enjoyable. pronouns that, which, where, whereby, whose, etc. The pronoun that introduces only defining relative clauses.
c)Write used or not used in the gaps. Summarizing rules 1. A full stop is__________after the title. 2. Capital letters are__________with all meaningful words in a title. 3. Commas are__________when the subordinate clause comes first in a sentence. 4. Commas are__________when the main clause comes first in a sentence. 5. Commas are___________with defining relative clause. 6. Commas are__________with non-defining relative clause.
d) For each of the summarizing rules (1-6) write out one example from the texts of this chapter. 18. Law in fiction Law The extracts below come from different stories by John Mortimer, where the main character is Horace Rumpole, a defence lawyer working at the Old Bailey (London’s Central Criminal Court), and Hilda is his wife (‘She Who Must Be Obeyed’). A friend of yours needs help with some legal terminology because she is editing a translation of Mortimer’s stories into German. She has sent you these extracts with underlined phrases. Copy the email below onto a sheet of paper and continue with explanations from number 3. [Hilda] ‘You’re not telling me this boy killed his father because he wanted to be a poet, are you, Rumpole?’ ‘I’m not telling you he killed his father full stop. That is a fact which still has to be decided by (1) twelve honest citizens of East Sussex.’ I gave a heavy sigh, signalling that I’d heard quite enough of Rumpole on (2) the burden of proof to last a lifetime. Then I said, ‘I should think he probably killed his father for the money.’ [Hilda] ‘You mean, get a boy off who murdered his father.’ [Rumpole] ‘Who is alleged to have murdered his father. Young Michael (3) is as innocent as you are until he’s proved guilty.’ Seated (4) in the dock, wearing a dark suit and a Croydon Wanderers tie, my client indulged in rather too much smiling at the Jury. They looked a reasonable lot, (5) a selection of variously coloured faces.’ ‘Did this happen, Members of the Jury?’ Is that an account which fits all the facts of this case? If you think it’s true you will, of course, acquit. But if you only think it might very well be true, if as a thoughtful and fair-minded Jury you cannot reject the possibility, then you must also acquit because the prosecution won’t have satisfied you (6) beyond reasonable doubt.’ (7) They might, perhaps, acquit my client because an ill-tempered Judge was making it so desperately clear that (8) he wanted her convicted. To: Anna Schmidt From: [your name] Re: Legalese
Hi, Anna,
Thanks for your letter. It’s very exciting that you’re publishing Mortimer’s books in German. To be honest, I’m not much of a lawyer myself but I’ll try to answer your questions as best as I can. Well, here we go.
(1) Twelve honest citizens is, quite simply, a jury. (2) The burden of proof is the duty of the prosecution to prove a case. (But this guy’s words obviously fall on deaf ears). (3) - (8) ...
I hope this will be of some use and my explanations haven’t confused you even more. Ask me anything re English, any time and good luck with your book. I’ll write my news later, I’m in a bit of a rush now.
Cheers, [your name]
Public Speaking 19. Dealing with questions Language use a) Here is a list of phrases you can use when answering questions in public. In the spaces provided write what sort of question it is (good, difficult, unnecessary, irrelevant). Phrases ________________________________________________________________________ …………… That’s a very good/complex/interesting question… Can I get back to you on that? _______________________________________________________________________________ ……………. I’m not sure I follow you. Do you mean ... ? If I understand you right ... ________________________________________________________________________ ……………... Good point. I’m glad you asked that. ________________________________________________________________________
……………… I think that raises a different issue. I think that's beside the point, really. (We are talking about...) ________________________________________________________________________
……………… Well, as I said earlier ... I think I answered that earlier. ________________________________________________________________________
b) Now, next to each situation below write at least one suitable phrase from above. Situations AThe question puzzles you: you don't see the speaker's point. ………………………………………………. B You're asked a question about something you have already explained. ………………………………………………. C You're glad someone asked this question because you forgot to mention the point. ………………………………………………. D You are really annoyed because the question has no bearing on the subject. ………………………………………………… EYou cannot answer off-hand and want to buy time. ………………………………………………… Practise saying these phrases with a different intonation and speed. Try to use them when answering questions. 20. ‘Legal Hour’ Talk show You are going to take part in a mock TV show ‘Legal Hour’. Two students are legal experts, a third student is the anchor person. The anchor will announce the topic of today’s programme (based on the material of this chapter) and you will be invited to ask questions. Prepare 2-3 questions and wait for your turn to ask them. (You might wish to ask irrelevant or unnecessary questions as well!) Don’t forget to thank the speaker for the answer. To the experts. If at a loss what to say, you can pass the question to your colleague with the words: ‘This is a good question. Let me hand it over to my colleague, who is an expert in this area of law’. If you feel that your colleague needs support to answer, you can say: ‘May I come in here .. .’
Date: 2016-03-03; view: 762
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