KULIAH BAHASA INGGRIS(Legal English)

DOSEN PENGAMPU :Sapto Hermawan

www.saptohermawan.staff.hukum.uns.ac.id

Deskripsi Mata kuliah Bhs Inggrisi Hukum fokusnya tertuju pada pembahasan

dasar-dasar teori bahasa secara terperinci dan menyeluruh serta penerapannya dalam penggunaan sehari-hari baik secara tertulis (written) maupun lisan (oral)

Memberikan kemampuan memahami dan mengutarakan kembali karya tulis bidang hukum dalam bahasa Inggris melalui pemahaman tentang comprehension, reproduction, sentence analysis dan vocabulary building.

Penggunaan bahasa Inggris disesuaikan dngan taraf intermediate dan pre advanced.

Penggunaan ditekankan pada kemampuan memahami bacaan ilmiah, penambahan perbendaharaan kata,/ungkapan dalam bahasa Inggris, perjanjian internasional, konvensi.

Struktur kalimat (tata bahasa) diberikan sesuai dengan bacaan ilmiah di bidang hukum. Kemampuan menterjemahkan, conversation dan diskusi dalam bahasa Inggris.

MateriMateri• Auxiliary Verbs; Affixes; Articles; Auxiliary Verbs; Affixes; Articles;

Pronouns; Tenses; Participles; Passive Pronouns; Tenses; Participles; Passive Voice; Conditionals; Conjunctions; Voice; Conditionals; Conjunctions; Prepositions; Comparison; Phrases; Legal Prepositions; Comparison; Phrases; Legal Terms; Translation. Terms; Translation.

References References 1. 1. Black’S Law Dictionary: Henry Campbell Black’S Law Dictionary: Henry Campbell

Black*Black*2. Law Dictionary: Steven H. Gifts*2. Law Dictionary: Steven H. Gifts*3. English for Special Purposes: Dra.H. Sofia3. English for Special Purposes: Dra.H. Sofia Rangkuti Hasibuan, MA.*Rangkuti Hasibuan, MA.*4. American Law An introduction: Lawrence4. American Law An introduction: Lawrence Friedman (Translation Edition)*Friedman (Translation Edition)*5. Jakarta Post News Paper*5. Jakarta Post News Paper*6. Dictionary**6. Dictionary** * * voluntary, voluntary, ** compulsory, obligatory** compulsory, obligatory

The simple present tense Is used both to express habitual actions and

general truths or facts, examples : They open his law office every Monday &

Friday Law is a noble profession The judge attends trial session every

morning Sentence transformation (interrogative &

negative), examples : Does the judge attend trial……………….. The judge does not attend trial ……………..

The present continuous tense Explains present time. It is used for actions

or conditions which are happening in the present

Time markers : now, today, tonight, etc The judge is listening to the plaintiff now The man is looking for a good defense

lawyer Sentence transformation (interrrogative &

Negative)

The Past Tense To describe one completed action in the past Indicated by time markers such as : yesterday,

two days ago, in 1993 etc, examples : The witness took an oath in front of the judge

yesterday The prosecutor arrived late this morning Both lawyers and the defendant went to court Sentence transformation (interrogative &

negative), ex: Did the prosecutor arrive late this morning

The future tense• Describes actions, activities and conditions in

the future• Time markers generally used : next year, next

week, in the year 2008 etc• In the year 2010, Mr Ali will establish a law firm

of his own in Solo• Many people are going to seek legal aid from

Ali’s firm• Sentence transformation (interrogative &

negative)

shall, will, to going to In American English, “shall” indicates uncertainty in

the future, ex : shall we go there by a public bus, Shall I invite him to the meeting

In modern english “will” and to “going to” are two most common verbs to express the future. Howewer there is a slight difference in meaning

“Will” shows a future with determination, while “to going to” indicates intension of the speaker

In old English shall is also used to express a future time for the first person singular subyect “I” or in the official language of a contract

The used of “shall” in a contract The chairman of the board of governors

(Chairman) shall, with the approval of the board of governors, designate regions for the administration of the disciplinary process pursuant for these rules. In each region there shall be established a commmittee with the duties and powers set forth in the bylaws and in these rules, etc………………………………

Communication focus Why do you study law ? What is your goal after graduation from

law school ? What is your opinion of our legal system ?

The sentences

Whether short or long a sentence must have a subject and a verb and express complete idea, ex. :

Nowadays thieving prowlers are common occurred

Many households keep at least one dog to warn the family

Bribery of public officials is common in our country

An unscrupulous man with great power and wealth can do almost anything

The maker of pills and tonics no longer can advertise

The present perfect time Form : Have/has + past participle of a verb (have/has gone) For a completed action at an indefinite time in the past.

Time markers : just, already, yet, not yet, etc For an activity or a state that has continued for a period of

time, from a point in the past until the present. Indicated by : since 1997, for year, so far, up to know, in all her life, until now, etc

He has just graduated from law school He has been the director of the company since 1997 They have shown good conduct so far Transformation of sentences (interrogative & negative)

The past perfect tenseThe past perfect tense• Form : Had + past participle (had gone)• Is used to to show an action which was completed before a

certain even also in the past• In a sentence the past perfect tense is generally combined

with a past tense, since both refer to two events in the past. The past perfect action happened first

• Indicated by : when, before, after• His attorney had already left when Mr. Ali came in• He had talked to his attorney before he went to court• I went home after I had seen the police inspector• Transformation of sentences

The past continous tense The past continous tense Form : was/were + verb + ing (was/were talking)Form : was/were + verb + ing (was/were talking) Is used in combination with an event in the pastIs used in combination with an event in the past For an action continuing in the past. Ex : The For an action continuing in the past. Ex : The

defendant defendant was talkingwas talking to Mr Darmo last night to Mr Darmo last night For two actions continuing at the same time in For two actions continuing at the same time in

the past. Ex : Mr Rachmat the past. Ex : Mr Rachmat was talkingwas talking on the on the phone while his secretary phone while his secretary was typingwas typing the letters the letters

For two actions in the past, one continuing while For two actions in the past, one continuing while the other occurred or interrupted. Ex :Members of the other occurred or interrupted. Ex :Members of parliament parliament were eatingwere eating dinner when the attorney dinner when the attorney general general walkedwalked in in

The modal auxaliriesThe modal auxaliries Have a special meaning attached to them Have a special meaning attached to them

special verbspecial verb Can – (ability) Can – (ability) can go - could go can go - could go May – (permission) May – (permission) may go-might go may go-might go Should- (advisability) Should- (advisability) should go-should have should go-should have

gonegone Must – (necessity) Must – (necessity) must go-had to go must go-had to go Have/has - (necessity) Have/has - (necessity) have/has to go-had to go have/has to go-had to go Ought to – (obligation) Ought to – (obligation) ought to go – ought to ought to go – ought to

have gonehave gone

Examples of sentences using Examples of sentences using modal of auxiliariesmodal of auxiliaries

He has to pay property tax yearly (This He has to pay property tax yearly (This statement means that it is necessary for him to statement means that it is necessary for him to pay taxes regularly)pay taxes regularly)Workers should follow certain regulation in the Workers should follow certain regulation in the office (this statement means that workers are office (this statement means that workers are supposed to follow certain rules in the office)supposed to follow certain rules in the office)The police can identify the victimThe police can identify the victimMembers of Parliament may come late todayMembers of Parliament may come late today

The active and the passive voiceThe active and the passive voice

They They writewrite down the rules on a piece of paper (active, present down the rules on a piece of paper (active, present tense)tense)

The rules The rules are writtenare written down on a piece of paper (passive) down on a piece of paper (passive)The father The father mademade the rules of conduct (active, past tense) the rules of conduct (active, past tense)They They have brokenhave broken the law (active, present perfect) the law (active, present perfect)He He had reportedhad reported the accident to the police (active, past perfect) the accident to the police (active, past perfect)He He will hirewill hire a good lawyer (active, future tense) a good lawyer (active, future tense)She She should typeshould type the report (active, modal auxiliary) the report (active, modal auxiliary)Any member of the tribe Any member of the tribe could usecould use the land (active) the land (active)The man The man should reportshould report the accident to the police (active) the accident to the police (active)The prosecutor The prosecutor is questioningis questioning the man (active) the man (active)

Adjectives

A word that modifies or explain a noun or pronoun. An adjective comes before the noun it modifies. Ex : a poor man, handsome lawyer

The tragic news was printed on the front page of the newspaper The old man is selling used books to the needy children She is a living witness to the crime She is a boring speaker, but she is a fascinating teacher A dead man was found in front of a school His shirt was stained with fresh blood Two policemen took the body to a nearby hospital Several physicians gave their professional statements The old man died because of a heavy blow to his head

Sentence Pattern(The simple sentences, Compound sentence, complex sentences) The simple sentences, Ex : The murderer stabbled the man

(without modifiers) The suspected murderer, unemployed

and desperate for money to support his life in the city, mercilessly stabbled the rich man in the middle of the night (With modifiers)

Compound sentence Consist of two or more independent clauses connected by the

coordinate conjungtions : and, but, or, yet, nor, for and so The court session ended Student left The seemingly endless court session finally ended at noon The tired students left quickly The seemingly endless court session finally ended at noon so

the tired students left quickly The use of computers in the law firm will not generate

employement opportunities, but it will increase productivity The prisoners are not allowed sport activities, nor are they

offered courses to improve their skills The defendant did not want to listen to the verdict, so she left

the court early

Gerund Gerunds as subject Testifying under oath was a bad experiences for her Gerunds as objects of verbs He suddenly stopped talking because of the chaotic

situation in court Gerund as objects of preposition The man is accused of killing his wife Gerunds as complements of verb to be His duty is defending the poor in the court house Gerrunds as appositives The lawyer must not neglect his duty-defending the poor

The AdverbsFormed by adding “ly” to an adjective,

ex : briefly, fully, specifically, slowy.Not all words ending “ly” are adverbs,

ex: brotherly, fatherly, lovely, neighborly, lovely. Etc are adjectives. Whereas, words such as : very, much, little, almost, often etc, which do not have ly endings are adverb

The function of adverbs Modify verbs The presiding judge does not depend fully on the testimony Modify adjectives The corporation needs a highly trained lawyer Qualify other adverbs The defense lawyer spoke extremely well in

front on the jury

Examples of words ending in – ly but function as an adjectives in sentences

The corporate manager is an early riser

He has been very lonely without his family in prison

You should not forget your wifely duties

Observe the underlined words in the following sentences The witness took the stand and talked very

fast in front of the members jury The accident happened on a very fast train

from Jakarta to Surabaya The prisoners have long hair since they may

not go out of their cells I have waited long outside the room for the

presiding judge to read the verdict in the case

Note the use of gerunds, adverbs and adjectives

Prosecutor : Mr. Rifai where were you on evening of July 23 ?

Mr Rifai : oh, that starry evening? I lost my cat, so I was looking for it in Mr Ali yard

P : While you were there, did you try entering the chicken house

R : certainly, I did not P : But you must admit seeing some very attractive

chickens there. You could not avoid seeing them R : Of course, I saw some chickens

P : Did some of them get out of the coop R : Yes, I don’t know exactly how many, but I think I saw a

big one, a black one, I guess, run out of the coop P : Mr. Rifai, do you remember how the big chicken got

out the coop? can you tell us precisely what you saw that night ?

R : I told you I was`looking for my cat, not for any chickens. I did not pay attention to the chickens

P : Was anybody arround that night R : It was dark. I couldn’t see very well. I was just walking

arround aimless because I was worried about losing my cat

P : I can understand that, Mr Rifai. And I can also understand that while you were looking for your cat, you also had your eyes on those beautiful fat chickens

R : Look mister, just because I was walking in Mr. Ali’s back yard looking for my cat, you can not directly charge me with stealing his chickens. Any way, why do bother me for stealing chickens while there are people out there who are corrupt bankers and officials you never care to investigate? What the matter with you? Why don’t you investigate people like Mr. Garong for KKN

Answer the following answer How many people take part in the dialogue? Who

are they in the people dialogue mr Ali’s, Mr. Rifai and the

prosecutor (wrong grammar) What did Mr Rifai lose Where did Rifai try to find his cat What was there in the back yard of Mr Ali’s house Mr. Rifai’s cat (wrong answer) Why couldn’t Mr Rifai see anyone around that night

Nouns Proper nouns : Tom, Achmad, Indonesia, jakarta Concrete and abstract nouns : books, beauty Countable and uncountable : one book, rice Noun compounds : attorney general, garlic smuggler,

general election, paycheck, pickpocket Adjective forms used as nouns : the rice, the brave Gerund : saving your money in the bank Derivational forms of nouns : accumulation,

encouragement, accomplishment, assistance, attraction, government, hardship, intellegent, misery, profit, weakness, strength, sucess

Functions of noun

As subject of verb Honesty is the best policy As object of verb The poor are spending their money on basic

commodities As subjective complement He is president of the United States In apposition Mr. Jones, American ambassador to Indonesia in 1965,

wrote the book entitled “Indonesia the posssible dream” Object of preposition A charismatic leader does not lie to his people

Conditional sentences

Future-Possible condition The president will fire his ministers if they are

incapable of doing their job Present unreal condition If I told you the truth about the accident, you would

cry it is mean that the speaker does not tell the truth

Past unreal condition If the independent lawyer had gathered enough

evidence, he would have won the case The independent lawyer did not gather enough evidence

Adjective Clauses

For a person : who, whom, whose, that

For a thing : which, that For time : when For place : where For reason : why

Sentences containing the adjective clauses The 40-year-old lady who was just

acquitted of a murder charge, had trouble looking for a job

The witness from whom the public prosecutor tried to get information on the case was reluctant to talk much

He needs some facts that concern the defendant’s past business activities

Law Enforcement Officer

• Police• Public Prosecutor (to prosecute,

prosecution), Attorney, Attorney General, Solicitor

• Judge, justice, Chief Justice. • Legal Practitioner (Lawyer, Advocate,

Legal Counsel, Attorney At Law, Barrister)

Trial Processes System

Adversary System : The jurisprudential network of laws, rules and

procedures characterized by opposing parties who contend against each

other for a result favorable to themselves Common Law Tradition Orality The judge acts as an an independent magistrate

rather than prosecutor Inquisitorial System : Civil Law tradition Written document based Rational, fair, obyective value

A Wisdom Messages A Wisdom Messages Oliver Wendel HolmesOliver Wendel Holmes,, Associate Justice U.S Associate Justice U.S

Supreme Court:Supreme Court: … … I’am not here to do justice, I am here to play the I’am not here to do justice, I am here to play the

game according to the rules…..game according to the rules….. Judge Jerome FrankJudge Jerome Frank, , U.S. Courts Appeal (high court) U.S. Courts Appeal (high court) … …the lawyer aims at victory, at winning in the fight, the lawyer aims at victory, at winning in the fight,

not at aiding the court to discover the facts. He does not at aiding the court to discover the facts. He does not want the trial court to reach a sound educated not want the trial court to reach a sound educated guess, if it is likely to be contrary to his client’s guess, if it is likely to be contrary to his client’s interests. Our present trial methods is thus the interests. Our present trial methods is thus the equivalent of throwing pepper in the eyes o a equivalent of throwing pepper in the eyes o a surgeon when he is performing an operation….. surgeon when he is performing an operation…..

definition Barrister in england one of two classes

of legal practitioners whose functions is the advocacy of ceases in open court and related duties

Solicitor General person appointed by the president to assist the attorney general in performing his/her duties

Court clerk an officer whose duty is to keep records, issue process, enter judgement and the like

A law clerk an assistant to a lawyer or a judge

LAW ENFORCEMENT AGENCIES

Police investigation, inquriyPublic Attorney, Supreme Public

Attorney prosecutionCourt (Distric Court, Appeal Court/high

court, Supreme Court) trialCorrectional, Penitentiary (Prison, jail,

Custody, Detention, Suspect, Accused, Defendant, Plaintiff, Prisoner, Inmate) correction

Criminal procedure(prosecution) Prosecution the act of pursuing a lawsuit or

criminal trial Arraignment procedure whereby the accused is

brought before the court to plead to the criminal charge against him for the indictment or information

Indictment a formal written accusation, drawn up and submitted to a grand jury by the public prosecuting attorney, charging one or more persons with a crime

Information a written accusation of crime signed by the prosecutor, charging a person with the commision of a crime as a means of starting a criminal prosecution

Court decision Verdict latin “veredictum” :

a true declaration. The formal decision or finding made by a jury the finding of a jury or of a judge where there is no

jury on a question of fact is not a judicial determination

Judgment the determination of a court of competent jurisdiction upon matters submitted to it

The types of crimeThe types of crime Felony Felony a crime of a graver or more a crime of a graver or more

serious nature than those as designated as serious nature than those as designated as misdemeanors (homicide ;murder and misdemeanors (homicide ;murder and manslaughter, mayhem, arson, rape, manslaughter, mayhem, arson, rape, robbery, burglary, larceny, exc). robbery, burglary, larceny, exc). Marital Marital raperape

Misdemeanors Misdemeanors offenses lower than offenses lower than felonies and generally those felonies and generally those punishablepunishable by by fine, penalty,forfeiture, or imprisonment fine, penalty,forfeiture, or imprisonment otherwise than in penitentiaryotherwise than in penitentiary

Malpractice Malpractice professional misconduct or professional misconduct or unreasonable lack of skill unreasonable lack of skill

HOMICIDE TYPES

Manslaughter the unjustifiable, inexcusable and intentional killing of a human being without deliberation, premediation and malice

Murder the unlawful killing of a human being by another with malice aforethought

QUIZ PLEASE MAKE COMPLETE SENTENCE

CONTAIN NOUN COMPOUND :BOGUS MONEYCAPITAL MARKETINSURANCE BROKERPROSECUTOR ACCUSATIONLAW LIBRARY

Formal and business lettersFormal and business letters

The heading The heading the return address the return addressInside address Inside address the name of the the name of the person you are writingperson you are writingSalutation Salutation Body, (brief) Body, (brief) stating only the stating only the facts of the matterfacts of the matterClosing and signatureClosing and signature

SALUTATION• My dear John/Mary• Dear Sir/Madam• Dear dad/mother• Respected sir/madam• Your excellency• Your Highness• Your Majesty

Closing paragraphClosing paragraph

• I will write again very soon Clara• Give me kind respect tp your parents• I hope you are all keeping well and that

everything will go along succesfully• We thank you in advance for your

cooperation in this matter• I hope to be favoured to have an

interviaew at your earliest convenience

Complimentary Your loving

John/Son/dauhgter/sister/aunt/uncle Yours sincerely Truly yours Your faithfully Sincerely

Job Aplication Letters Basically a sales letter Present yourself with confidence Reflect your personality as well your

qualification Emphasize your strongest ability don’t overdo by mentioning all the

aplicable experience you have Rely on your highlights

The three Important points

Specify the job you are seeking

State your accomplishment and abilities

Ask for an action from the employer

Writing Resumes A form of advertising yourself therofore should be

neat, specific and accurate The ideal length is optional, but most agree that it

should be no more than two pages Emphasize your strengths and omit your weakness Mention your education The employer is interested in your highest level of

schooling and in any courses that are directly applicable to the job ypu are seeking

Contents of resumes Name in full (first, middle, last, surname) Adress (included phone number, email, fax) Place and date of birth S e x Marital status Religion Group of ethnic Education history Employment history References

Simple examples Dear Sirs With reference to your advertisement in Harian

Kompas, March 28, 2006, I would like to apply for the possition of legal staff at your company/office/enterprises

I am 23 years old and and the possession of Faculty of Law sertificate

I have good a knowledge of english both in oral and written

I have also some work experiences such as lawyer assistant at Makarim & Co since 2005 until 2006

Education History Graduated from primary school (SDN..) Graduated from Junior High School (…) Graduated from senior high school Graduated from the Faculty of Law of

Sebelas Maret University in 2007 Post graduate (S2) majoring in Business

law from Sebelas Maret University Additional courses computer, english, mandarin, japanese

Materi Ujian Translate Completing sentences rational is one of the

characteristic of inquisitoir system

Indonesia’s legal system is strongly influenced by civil law system

inmate is a person confined to a prison

The corruption suspect was detained at the detention center in avoiding run away

The judge of Surakarta distric court conduct trial for local parliament corruption ceases.

Crime and the lawlaw-abiding • solicitor • defendant * juryoffender • victim • barrister • judge • witness

Task 1: Match the words and expressions in the box with their correct definition 1-9.1. A person appointed to make legal decisions in a court of law.2. A group of twelve citizens who are sworn to decide whether someone is guilty or innocent on thebasis of evidence given in a court of law.3. A person who sees something happen or is present when something happens.4. A person who is accused of doing something illegal.5. A person who is attacked or who is in an accident.6. A qualified lawyer who gives advice to members of the public and acts for them in legal matters.7. A person who commits an offence against the law.8. A lawyer who can present a case in court.9. An expression used to describe someone who obeys the law