legal english Unit 1

8/13/2019 legal english Unit 1

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Legal English I Unit 1

UNIT 1 Law Law and justice Legal vs. moral Legalese Essay writing

LAW AND U!TI"E

#E$ %&"A'ULA($ LAW , the body of official rules and regulations, generally found in constitutions andlegislation , is used to govern a society and to control the behaviour of its members. Inmodern societies, a body with aut)ority , such as a court or the legislature, makes thelaw: and a law en*orcement agency , such as the police, makes sure it is observed.

In addition to enforcement, a body of expert lawyers is needed to apply the law. This isthe role of the judiciary + the body of judges in a particular country. Of course, legalsystems vary between the countries, as well as the basis for bringing a case before acourt or tri,unal . One thing, however, seems to be true all over the world starting alegal action is both expensive and time consuming.

The concept of U!TI"E is a bit different. !ustice is what is rig)t- fair, appropriate,deserved. It is identical to the truth. It is u )olding o* rig)ts and unis)ment o*wrongs. "aw should be written to be as just as possible and in a #ust society the rightcriminal is punished for each crime committed and he is punished in a *air way.

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LI!TENIN/ 1

W0AT I! LAW

I. $ou are a student o* law in t)e University. T)e title o* your *irstlecture is 2W)at is Law 3.a. %rite a definition of lawb. %hat other ideas will be in this lecture& 'ake some notes.

II. Listen to 4art 1 o* t)e tal5. W)at does t)e lecturer say a,outlaw Tic5 one or more o* t)e *ollowing6a. It(s about rules.b. It is about not doing things.

c. It is about punishment.d. It is more complex than this.

III. In art 7 o* t)e tal5- t)e lecturer mentions 'A(- 8AI( and U!T.a. %hat do these words mean in general )nglish&b. %hat do they mean in law&c. "isten and check your ideas.

I%. In art 9 o* t)e tal5 t)e lecturer descri,es di**erent ,ranc)es orty es o* law.a. *ow many branches or types of law you can think of&

b. "isten and check your ideas.%. In t)e *inal art o* t)e tal5 t)e lecturer gives a de*inition o* law

and some e:am les. Listen and mar5 eac) word in t)e ,o: D i* itis art o* t)e de*inition and E i* it is art o* t)e e:am le.

set rules driveforbid speed re+uirelimit camera actions

%I. Write a de*inition o* law. Use words *rom E:ercise %.


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DI!"U!!I&NLAWI. Read and think

LAW! are separate, individual rules. A LAW is one individual rule, or one -ct of

arliament. LAW or T0E LAW is a whole system. )ach rule, which we call A LAW ,is a part of the whole system, which we call LAW or T0E LAW.

II. In pairs, discuss the use of the word LAW in the following:a. If you break the law, you must expect to be punished.b. There is no democracy without the rule of law.c. /oyle(s law is a scientific principle.d. %ith the president(s signature the bill becomes a law.e. 0riving when you(ve had too much to drink is against the law.f. 1he is a student of "aw.g. Their ultimate goal is to establish law and order.h. 2ou(ll find the definition of 3asylum seeker4 in the "aw on 5iti6enship.

i. *e took the law into his own hands and shot the burglar.

III. What terms would you use in your mother tongue for each of theterms in exercise II?

I . !ry to match the sentences from the II with the following:

$. a rule that is supported by the power of government and that controls thebehaviour of members of society

. the whole set of such rules7. a statement expressing what has been seen always to happen in certain

conditions8. respect and obedience for the law in society

U!TI"E. "ill in the gaps with the following words:

ower rejudice justice im artially *acts

In the law courts of the 9nited ingdom, the symbol of ;;;;;;;;;;; is portrayed as a woman holding out a set of scalesin one hand and a sword in the other. The sword is held in theright hand and represents the ;;;;;;;;;;; of discrimination and

#udgment, applied ;;;;;;;;;;; after weighing up the ;;;;;;;;;;;presented on the scales held out in the other hand.


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(EADIN/

#re$reading

%iscuss:

1. Look at the title of the text below. What do you understand by miscarriage of &ustice ? Whatdo you think might be done to avoid it?2. ifferent !unishments are used in various "ountries for the same ty!e of "rimes. In youro!inion# should "ultural$religious "ode of behavior be taken into a""ount when de"iding onsomebody%s guilt$inno"en"e or the ty!e of !unishment$length of senten"e?.

Reading;iscarriage o* ustice

-ny system operated by human beings, with all our fallings and despite all thesafeguards is fallible. It is inevitable that there should occasionally be miscarriages of

#ustice. %itnesses sometimes make mistakes, so perhaps do #uries, and even a #udgemay go wrong. %hat is important is that when miscarriages of #ustice occur we should becareful to apply the lessons which they may bring with them.

erhaps the most remarkable case of a miscarriage of #ustice a case involvingsystematic frauds on women, was that of -dolf /eck. %hat is especially notable aboutthis case is that it led shortly afterwards to a fundamental reform in the )nglish legalsystem. In $>?@, when the first blow fell, -dolf /eck, a Aorwegian who had businessinterests in /ritain, was living in %estminster in the very heart of "ondon. -t that time, anex convict, %. Thomas, alias !ohn 1mith, who had been convicted of numerous frauds onwomen, was back again at his old tricks in "ondon. /oth men were of similar age andbuild, had grey hair and grey moustache. Thomas had a little scar on the right side of hisneck, resembling a mole. *e was well dressed and usually wore black frock coat. /eckalso had a mark on the right side of his throat and a mole close to it. *e also used to weara black frock coat. In 0ecember $>?@, a woman who had been defrauded by %. Thomas,saw /eck near Bictoria station in "ondon. 1he was at once convinced that /eck was theman who had defrauded her of her #ewels. 1o began the case which will be for everremarkable in )nglish history of criminal #ustice. /eck was up for identification and thewomen who had been defrauded, one after another, picked out /eck as the man who hadcheated her. Aone of the property in +uestion was in the possession of /eck, but theprosecution assumed he had promptly got rid of it. They assumed that he was %.

Thomas, ex convict, and when the defense sought to en+uire whether he was in factthe same person, the prosecution successfully ob#ected lest he might be pre#udiced in theeyes of the #ury, for the #ury, as a rule, knew nothing of a prisonerC s criminal history, ifhe had one. In addition, in those days a prisoner did not have the right to give evidenceon his own behalf. 1o, merely hearing his protestations of innocence, the #ury found /eckguilty and he was sentenced to seven years penal servitude.

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*e was released from prison in the summer of $?D$. %. Thomas was arrested the sameyear and confessed to the crime -dolf /eck had been accused of. 1o, truth and #usticetriumphed at last. /eck was given @DDD pounds of compensation but nobody could takeaway the ordeal he had passed through. )ven a 5ommittee of In+uire was set up and thevindication of /eck was complete. -s a result, the 5ourt of 5riminal -ppeal wasestablished in $?DE a court to which any person who complains of his conviction before

#ury, or of his sentence, may resort.&'da!ted from (() Euro!ean *ervi"e+ ' ,agistrate%s -emember

#ost$reading

'omprehension check:

$. 0iscuss on what grounds this miscarriage of #ustice occurred and why theprosecution assumed that /eck was guilty.

. %ould this be possible today&7. %hy was this case important for the )nglish legal system&

oca(ulary:

$. 'ach the terms from column - with their meaning in column /:

- /$. fraud$. ex convict. to convince7. inevitable8. pre#udice@. vindication

F. fallibleE. alias>. ordeal?. penal$D.to resort

aG false namebG sufferingcG cannot be preventeddG former prisonereG to turn tofG punishable

gG misrepresentation leading to a deceithG a strong biasiG exoneration

#G likely to make a mistakekG to persuade

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BO5-/9"-H2I. )atch the phrase with &ustice with the appropriate explanation

$. escape #ustice. bring somebody to #ustice7. #ustice has been served8. do #ustice to somebody@. poetic #ustice

-G a situation in which someone is made tosuffer for something bad they have done ina way that seems perfectly suitable orright.

/G 1omeone has been treated fairly or hasbeen given a punishment they deserve

5G To catch someone who you think is guiltyof a crime and arrange for them to go tocourt

0G -void being punished for a crime)G To treat or represent someone in a way

that is fair and shows their best +ualities

II. "ill in the gaps with the appropriate phrase from exercise I:

$. -fter being bullied by her for so long, it struck me as ;;;;;;;;;;;;;;;; that she wasnow being victimi6ed.

. 'ilitary intelligence suggests that Osama /in "aden is probably still hiding in-fghanistan, but /ritish overnment claim that he cannot hide forever and that hesurely cannot ;;;;;;;;;;;;;;;;.

7. %e will not rest until her killer ;;;;;;;;;;;;;;;;;;.8. The photo ;;;;;;;;;;;;;;;; she was really beautiful and in the photo she looks too

thin.

III. 'ollocations with *law+:

/ote the !hrase used to des"ribe what the law states+0Laws go ern im!ortant things and relations in our so"iety

Other phrases that collocate with JlawK include:rovides *or emergency procedures in the event of firerovides t)at decisions can be vetoed by the presidentsets down the re+uirements for a lawful procedure

T*) "-% lays down strict standards for water +ualityre


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8. 'arital law was imposed to prevent the breakdown of ;;;;;;;;;;;;;;;;.

. "ind the definition for each term

$. -uthority. 5ourt7. overn8. !udge@. "aw enforcement

agencyF. "awyersE. "egal action>. "egal system?. "egislation

$D.Hule$$.The #udiciary$ .Tribunal

aG - body that is appointed to make a #udgment or in+uiry

bG - countryCs body of #udgescG -n act or acts passed by a law makingbody

dG /ehaviour recogni6ed by a community asbinding or enforceable by authority

eG "egal proceedingsfG -n official body that has authority to try

criminals, resolve disputes, or make otherlegal decisions

gG -n organi6ation responsible for enforcingthe law, especially the police

hG - senior official in a court of law

iG The body or system of rules recogni6ed bya community that are enforceable byestablished process

#G The control resulting from following acommunityCs system of rules

kG 'embers of the legal professionlG To rule a society and control the behaviour

of its members

I. "ill in the gaps in the text with the most appropriate of the following words:

custom &us et)ics govern e


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you look at them, they can be said to be #ust when they create the conditions leading topeace, happiness and prosperity for all individuals.

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1peaking/xplaining what a law says

There are several ways to refer to what a law says. "ook at the following sentences:

$. The law sti ulates that corporations must have three governing bodies.. The law rovides that a witness must be present.7. The patent law s eci*ies that the sub#ect matter must be MusefulC.

These verbs can also be used to express what a law says:

The law states Nsets *ort) Ndetermines Nlays down Nrescri,es t)at .

5hoose a law that you are familiar with and explain what it says using the verbs listed inthe box above.

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1peaking

;&(AL (E!4&N!I'ILIT$

I. #lease read the story, then follow the instructions gi en (elow.

-s he left for a visit to his outlying district, the #ealous rince warned his prettywife: 30o not leave the castle when I am gone, or I will punish you severely when IreturnP4

/ut as the hours passed, the young rincess grew lonely, and despite herhusband(s warning, decided to visit her lover who lived in the countryside nearby.

The castle was located on an island in a wide, fast flowing river, with a drawbridgelinking the island and the land at the narrowest point in the river.31urely my husband will not return before dawn,4 she thought, and ordered her

servants to lower the drawbridge and leave it down until she returned.-fter spending several pleasant hours with her lover, the rincess returned to the

drawbridge, only to find it blocked by a madman wildly waving a long and cruel knife.30o not attempt to cross the bridge, rincess, or I will kill you,4 he raved.


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0iscussionL/3AL 4. )5RAL

I. %iscuss the following 6uestions in the class:

. Is there anything that you consider to be immoral, although it is legal& Try to makea list and share it with the class.

7. 0o you think that the items from your list should be made illegal& )xplain8. Is there anything that you consider to be moral, although it is illegal& Try to make a

list and share it with the class.@. 0o you think that the items from your second list should be legali6ed& )xplain

II. Read the introduction to the article 0It%s *im!le -eally (y 4helly4trauss Rollison.

It's Simple, Reallyby Shelly Strauss Rollison

Introduction

I know I've written about this topic many times, but it's been coming up a lot inmany of the conversations I'm having in both real life and online. Not being aperson who believes in coincidence, I take such recurrences as a sign and so I'maddressing it again. The issue is one that most people make far too complicated:legal vs. moral. Legal illegal are ob!ectively defined: moral immoral "right wrong#are sub!ectively defined based on what you believe and what faith you hold dear"even if that faith is atheism or agnosticism.# The $upreme %ourt of the &nited$tates, in the Lawrence v Texas ruling a couple years ago, reaffirmed that the !obof government is NOT to define morality. They recogni ed that morality is basedon one's personal beliefs and that such beliefs are part of one's right to life, libertyand the pursuit of happiness.The founding fathers wrote a document entitled the Declaration of Independence .In that document, it declares that all individuals are entitled to life, liberty and thepursuit of happiness and that it is the government's !ob to protect those rights for()(*+ individual. There is, in reality, only one way that can happen: through thelimitation of any individual's actions that would interfere with another's right tolive his or her life as s he sees fit. This limitation can be voluntary or it can bedone through the legal system. The problem is that over the course of the past

- years "almost#, the legal system has been clogged with unconstitutional laws./s a result, the line between legal and moral has been blurred so much that manyhave come to e0uate the two. In the past, I have always addressed this issuefrom a logical point of view. This time, it's going to be from a sort of e1perientialpoint of view. I'm going to provide e1amples of the difference between moral andlegal. / key point to remember is that of the role of the government: toprotect the rights of every individual to live his/her life as s/he sees fit.

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III. 4plit into groups and discuss the examples pro ided (y theauthor. !ry to decide whether the situations are illegal or not andwhether the state has the right to interfere. Report to the rest ofthe class7

I . Read the conclusion of the article. %o you agree with it?

ConclusionThe 0uestion to ask yourself with respect to any action you take is 23oes this harmsomeone else or interfere with their ability to live their life as they see fit42 If itdoes, then it should be illegal. If it does not, then it should be legal. 5hether or notyou consider some actions that are legal to be immoral is between you and yourconscience. +ou might even consider some actions that are illegal to be moral. Thetwo are not synonymous since morality is based solely and utterly on what onebelieves. 6ne need only look at the %atholic position on birth control: those%atholics who use birth control obviously don't find birth control immoral althoughthe faith they profess to follow does. $o morality is based on the beliefs of theindividual, which are protected by the first amendment, which is why thegovernment must not legislate morality and why any law that attempts to do so isunconstitutional.

. !ake the complete article from your teacher and read it.

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LE/ALE!E"egal writing in )nglish has developed over hundreds of years and ischaracterised by specific features, some of which can make it difficult for the nonlawyer to understand. 5haracteristics of legal writing include:

using "atin termsQusing technical termsQusing old fashioned words not much in general useQusing pairs of words with a reciprocical relationship LlessorNlesseeGQusing legal #argon Lwithout pre#udice toG including the use of pairs of wordsLterms and conditionsG, or triplets Lbild, erect or constructGQhaving special meanings for words in ordinary use Lthe udge determined thefacts of the case, where determined means decidedGQusing vague words Lprovide a sufficient serviceGQusing long sentences with little punctuationQinverting word order Ltitle absoluteGQusing capital letters to signal important or defined terms Lthe term of the"ease..GQavoiding personal pronouns Lyou, we, IGQthe specific use of the modal verb shall to impose an obligation or duty onsomeone LThe tenent shall not sub let the whole or part of the premisesG

There is a movement to draft legal text in standard, modern, (plain( )nglish butany change will be slow. I Read the text. !he underlined words are pro(a(ly familiar to you ingeneral /nglish. 8ut can you think of a different meaning for each wordin legal /nglish?

'y friend walked into the ,ar . *e was carrying a small case . %e had a ,rie*

conversation about the weather and then started chatting about last night(s

football match. I have hardly finished a sentence when he complained that his

team had lost because the de*ence had been really bad. They had playedwithout any conviction . I took stand against him and said you shouldn(t judge a

team on the evidence of #ust one match.

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II Read these sentences from legal texts. 'omplete each sentence withone of the underlined words from /xercise I

$. The ;;;;;;;;;;;;;; asked the members of the #ury to leave the court.. - solicitor gives ;;;;;;;;;;;;;; to the barrister which consists of important

legal documents.7. 'y lawyer disagreed with the verdict and wants my ;;;;;;;;;;;;; to go to a

higher court.8. The accused was shocked when he was found guilty and given a four year

prison ;;;;;;;;;;;;;;;; .@. I think she already has a ;;;;;;;;;;;;;;;;;; for shoplifting.F. -s the key witness took the ;;;;;;;;;;; there was complete silence in the

court.E. The prosecution hasn(t got enough ;;;;;;;;;;;;;;;; to secure a guilty

verdict.>. /arristers are lawyer who have been called to the ;;;;;;;;;;;;; .?. The lawyers for the ;;;;;;;;;;;;;;; complained that their client could not

get a fair trial.

#R/#54I!I594I Legal oca(ulary often uses prepositions. #lease complete thefollowing sentences using the following prepositions. 4ome of them can(e used more than once.

under, into, on, against, as, of, from, in, to

$. The police officer informed the suspect that he was .arrest.. %itness must give evidence .oath.7. *e argued that he had committed the crime .duress.8. The parties entered .a distribution agreement.@. The company discriminated .its women employees in

relation to their salary.F. The court served the #udgment the parties.E. Te borrower gave his house .security for the loan from the bank.>.


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%riting

Introduction to essay writing-n essay can have many purposes, but the basic structure is the same no

matter what. 2ou may be writing an essay to argue for a particular point of viewor to explain the steps necessary to complete a task. )ither way, your essay willhave the same basic format.

4!R0'!0R/ 5" A9 /44A :

I9!R5%0'!I59 thesis statement 85% ; Lthe longest part of the essayQ can contain as many

paragraphs as needed to support the controlling ideas of your thesisstatementG

o aragra ) 1 > to ic sentence ?su ort statements@

o aragra ) 7 > to ic sentence ?su ort statements@

o aragra ) 9 > to ic sentence ?su ort statements@ ....

'59'L04I59 Lrestatement or summary of the main points, finalcomment, and concluding sentenceG

I. Read the &um(led paragraphs of the essay *'an a cat (e a good house pet?+.#ut the paragraphs in order.

1. ===================7. ===================

9. ==================. ==================

B. ===================

A@ In the first !la"e# !eo!le en oy the "om!anionshi! of "ats. 'any cats are affectionate. They will snuggle up and ask to be petted, or scratched under the chin. %ho can resist apurring cat& If they(re not feeling affectionate, cats are generally +uite playful. They loveto chase balls and feathers, or #ust about anything dangling from a string. They especiallyen#oy playing when their owners are participating in the game. 5ontrary to popularopinion, cats can be trained. 9sing rewards and punishments, #ust like with a dog, a catcan be trained to avoid unwanted behavior or perform tricks. 5ats will even fetchP

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'@ 5ats are low maintenance, civili6ed companions. eople who have small living +uartersor less time for pet care should appreciate these characteristics of cats. *owever, manypeople who have plenty of space and time still opt to have a cat because they love the catpersonality. In many ways, cats are the ideal house pet.

' Lastly# one of the most attra"tive features of "ats as house !ets is their ease of "are.5ats do not have to be walked. They get plenty of exercise in the house as they play, andthey do their business in the litter box. 5leaning a litter box is a +uick, painless procedure.5ats also take care of their own grooming. /athing a cat is almost never necessarybecause under ordinary circumstances cats clean themselves. 5ats are more particularabout personal cleanliness than people are. In addition, cats can be left home alone for afew hours without fear. 9nlike some pets, most cats will not destroy the furnishings when

left alone. They are content to go about their usual activities until their owners return.

D@=- dog is man(s best friend.= That common saying may contain some truth, but dogsare not the only animal friend whose companionship people en#oy.


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' I4I5/'L ,'4E-I'L

)ards to be "o!ied and distributed

E:am le 16 ac5 ,elieves t)at )e )as t)e rig)t to 5ill anyone )e wants w)enever

)e wants. !o )e goes out one nig)t and 5ills im.

E:am le 76

!ue ,elieves t)at s)e can marry anyone s)e wants- as long ast)eyCre ,ot) legal adults w)o are a,le to give in*ormed consent. !ue

wants to marry ane and ane wants to marry !ue.

E:am le 96

Tim ,elieves )e )as t)e rig)t to end )is li*e w)en )e decides t)at t)e


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E:am le B6

ason ,elieves )e can drin5 a si: ac5 o* ,eer and still ,e sa*e ,e)indt)e w)eel. 0e sto s at t)e ,ar a*ter wor5 one day and downs si:,eers ,e*ore )eading )ome in )is car. 0e gets ulled over ,y t)eolice *or a )eadlig)t t)atCs out not *or erratic driving and t)eo**icer smells alco)ol and administers a *ield so,riety test- w)ic)

ason asses- and t)en a ,reat)aly er- w)ic) )e *ails. 0e is arrested*or DUI.

E:am le F6

"onnie is a smo5er. !)e smo5es in )er car- in )er )ouse and outsideon )er orc). !)e ,elieves s)e s)ould )ave t)e rig)t to smo5e

w)erever s)e wants in u,lic.

E:am le G6

;i5e ,elieves )e )as t)e rig)t to smo5e marijuana. 'ut )e reali es itdoes im air )is a,ility to o erate a motor ve)icle and so )e never

drives a*ter )e uses it or does anyt)ing t)at mig)t endanger anyoneelse. 0e doesnCt use it ,e*ore going to wor5 or any ot)er time w)en)e needs to ,e unim aired. 0e grows )is own weed in )is )ome and

doesnCt o**er it to anyone else alt)oug) )e will s)are i* as5ed ,yanot)er consenting adult. 0e never gives weed to minors and )e

never sells w)at )e grows.

E:am le H6

!)aron ,elieves s)e )as t)e rig)t to gam,le on w)oCs going to wins orting events.

E:am le 6

Tom ,elieves )e s)ould ,e a,le to ay someone to )ave se: wit) )imand Allison ,elieves t)at s)e s)ould ,e a,le to earn a living )aving

se: wit) w)oever is willing to ay )er- rovided t)ey are legal adultsa,le to give in*ormed consent.

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It's Simple Reallyby Shelly Strauss Rollison

IntroductionI know I've written about this topic many times, but it's been coming up a lot in many of the conversations I'mhaving in both real life and online. Not one who believes in coincidence, I take such recurrences as a sign andso I'm addressing it again. The issue is one that most people make far too complicated: legal vs. moral.Legal illegal are ob!ectively defined: moral immoral "right wrong# are sub!ectively defined based on what youbelieve and what faith you hold dear "even if that faith is atheism or agnosticism.# The $upreme %ourt of the&nited $tates, in the Lawrence v Te1as ruling a couple years ago, reaffirmed that the !ob of government is NOTto define morality. They recogni ed that morality is based on one's personal beliefs and that such beliefs arepart of one's right to life, liberty and the pursuit of happiness.

The founding fathers wrote a document entitled the 3eclaration of Independence. In that document, it declaresthat all individuals are entitled to life, liberty and the pursuit of happiness and that it is the government's !ob toprotect those rights for ()(*+ individual. There is, in reality, only one way that can happen: through thelimitation of any individual's actions that would interfere with another's right to live his or her life as s he seesfit. This limitation can be voluntary or it can be done through the legal system. The problem is that over thecourse of the past - years "almost#, the legal system has been clogged with unconstitutional laws. /s aresult, the line between legal and moral has been blurred so much that many have come to e0uate the two. Inthe past, I have always addressed this issue from a logical point of view. This time, it's going to be from a sortof e1periential point of view. I'm going to provide e1amples of the difference between moral and legal. / keypoint to remember is that of the role of the government: to protect the rights of every individual to live his herlife as s he sees fit.

Example : 7ack believes that he has the right to kill anyone he wants whenever he wants. $o he goes outone night and kills 7im. In doing so, 7ack has violated 7im's right to live his life as he sees fit, therefore, what7ack did is illegal and the state must remove 7ack from society until such time as 7ack is willing to respecteveryone else's right to live their life as they see fit. The state is making no moral !udgment on whether killingis moral or not: it is simply illegal because it interfered with another's right to live his her life as s he wants.

Example !: $ue believes that she can marry anyone she wants, as long as they're both legal adults who areable to give informed consent. $ue wants to marry 7ane and 7ane wants to marry $ue. If $ue marries 7ane,neither of them are interfering with anyone else's right to live their life as they see fit, therefore the state hasno valid reason for making such an activity illegal. /ny laws that make it illegal are therefore unconstitutionalbecause said laws are not protecting anyone's rights but they are preventing $ue and 7ane from e1ercising theirrights.

Example ": Tim believes he has the right to end his life when he decides that the 0uality of his life has fallenand will remain below a level he finds acceptable. Tim finds out that he's got inoperable brain cancer. 8e sellseverything he has to finance the things he wanted to do but never got around to doing. 5hen he's done, hedecides to end his life and seeks the assistance of his physician to prescribe an overdose so that he will diepainlessly and safely. The physician writes him a prescription knowing Tim's intentions and is later arrested andcharged with murder. $uch an arrest is unconstitutional. The acts of the physician did not violate anyone else'sright to live their life as they see fit and therefore the government has no basis for preventing such anoccurrence.

Example #: 9ary believes she has the right to end her life when she decides that the 0uality of her life hasfallen and will remain below a level she finds acceptable. 9ary marries Lou and after several years of wedded

bliss, 9ary develops inoperable cancer. $he and Lou begin taking trips and going places and doing things she'salways wanted to do. ut she's in ever increasing pain. 6ne day, Lou slips marry an overdose and 9ary dies.Lou is arrested for her murder. /nd rightly so. 5hile Tim "from e1ample -# and 9ary held the same belief, inTim's case it was he himself who decided when it was time to die. In 9ary's case, it was Lou who decided whenit was time to die. Lou interfered with 9ary's right to live her life as she saw fit, which included her right tochoose to end her life when $8( felt the 0uality of her li fe had fallen too low. Lou took that choice from her.

Example $: 7ason believes he can drink a si1 pack of beer and still be safe behind the wheel. 8e stops at thebar after work one day and downs si1 beers before heading home in his car. 8e gets pulled over by the policefor a headlight that's out; not for erratic driving; and the officer smells alcohol and administers a fieldsobriety test, which 7ason passes, and then a breathaly er, which he fails. 8e is arrested for 3&I. /nd rightlyso. 5hether or not 7ason believes he can drink si1 beers and still be safe behind the wheel, it is fact thatdrinking impairs !udgment and increases the risk of car accidents. /nyone climbing into a car today; or even

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living near where cars are driven; has accepted the inherent risk that automobiles present: accident willhappen and lives, including theirs, may be lost. ut 7ason, by drinking and driving, has IN%*(/$(3 that riskwithout the permission of those he may pass on the road. Therefore, laws preventing drunk driving areconstitutional because they protect the rights of /LL individuals.

Example %: %onnie is a smoker. $he smokes in her car, in her house and outside on her porch. $he believesshe should have the right to smoke wherever she wants in public. ut in doing so, %onnie is forcing others tobreathe her cancer


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"an a cat ,e a good )ouse et

=- dog is man(s best friend.= That common saying may contain some truth, but dogs arenot the only animal friend whose companionship people en#oy.


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TAPESCRIPT

Part 1Welcome to the Law Faculty. I want to start my first lecture by as in! a sim"le #uestion. What islaw$ That%s a &ery sim"le #uestion' isn%t it$ We all now the answer ( )on%t we$ Let%s see.

We now that the law "ro&i)es a set of rules that allows "eo"le to li&e in an or!ani*e) an)ci&ili*e) way. If someone brea s a rule' there%s a system of "unishment that not only "rotects"eo"le but also "ro&i)es a )eterrent. That is' it )eters or sto"s "eo"le from brea in! the rule.+,. -ut what are these rules an) who )eci)es what they are$ For e am"le' most "eo"le woul)a!ree that you shoul) wash your han)s before you eat a meal. If you )on%t ha&e you bro en thelaw$ In my househol)' my mother im"ose) this rule an) if any of the chil)ren bro e it' they were"unishe). -ut has someone who hasn%t washe) their han)s before )inner bro en the law$ Well./es an) no' or it )e"en)s. So what is law$ What is the intrinsic meanin! of the wor)$ A wor)that we use e&ery )ay an) thin we un)erstan).

Part 0

any wor)s ha&e an intrinsic or basic meanin!. We use the wor)s in )ifferent situations an)they ha&e )ifferent surface meanin!' but the basic meanin! remains the same. Let%s start with awor) that is &ery familiar to many stu)ents2 bar. We use the wor) bar to mean a "lace where you!o to or)er )rin s3 a coffee bar' for e am"le' or in a hotel you ha&e a loun!e bar. +n the cam"usthere are many stu)ent bars. -ut we also use the wor) bar in an En!lish le!al conte t. If youha&e been calle) to the bar' it means that you ha&e the ri!ht to s"ea in court. In le!alterminolo!y' you are a barrister. Is there any connection between these two wor)s$ /es there is.A bar is a woo)en stan) from which a "erson can ser&e )rin s' for e am"le' in a hotel. In acourt' it is also a woo)en stan)' not for ser&in! )rin s' but where someone can s"ea to the court.

Somehow' when we%re learnin! out first lan!ua!e' we !et the feelin! for the basic meanin! of

wor)s which hel"s us to un)erstan) the same wor) in a new conte t. When we%re learnin!another lan!ua!e' it%s &ery im"ortant to fin) the basic meanin! of a wor) because the )irecttranslation in one conte t may not be the )irect translation in another. For e am"le' if you)irectly translate the wor)s fair an) 4ust' they may not ha&e the same meanin! as in a le!alconte t. +ne of the basic meanin!s of fair is to )escribe a hair colour that is "ale or not )ar .5ust often means &ery recently. These wor)s are use) with these meanin!s in the sentence2 yfair(haire) sister has 4ust arri&e). This is not the same as a fair trial or a 4ust outcome. In thismore le!al conte t fair means that the trial is con)ucte) in the ri!ht way an) 4ust means that theoutcome was correct an) a""ro"riate.

Part 6

So let me !o bac to my ori!inal #uestion. What is law$ We ha&e criminal law' ci&il law' "ubliclaw' international law' family law an) com"any law. They are all elements of the set of ruleswhich forbi)' "ermit or re#uire actions amon! "eo"le an) or!ani*ations. They are all branchesof the law. In my &iew many of the most im"ortant le!al )e&elo"ments will ta e "lace ininternational law' an) I%ll tal in more )etail about that in later lectures.

/ou will also stu)y case law. In this conte t' a case refers to a bin)in! or authoritati&e )ecisionma)e by a court.


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Part 7Let%s loo at this in a bit more )etail. A case comes before a court in one of two ways. There iseither a )is"ute between "eo"le in a ci&il case or between citi*en an) state in a criminal case.These cases are )eci)e) followin! a set of rules which forbi)' allow or re#uire "eo"le to )ocertain actions. These rules are then enforce).

Let%s ta e an e am"le that most "eo"le are familiar with. The law states that you must not )ri&emore than 89 ilometres "er hour in the centre of a town. If "eo"le )ri&e at more than the 89ilometres "er hour s"ee) limit they ha&e bro en the law' whether or not they !et cau!ht )oin!it. There is a reason for the law. It is )an!erous to )ri&e at more than 89 ilometres "er hour inan area where "eo"le are wal in! an) crossin! the roa).

If the )ri&er is seen by the "olice of "hoto!ra"he) by a s"ee) camera' that )ri&er will be"rosecute) an) "unishe). So this law hel"s "eo"le to li&e to!ether in an or!ani*e) an)harmonious way' in fact' that is the meanin! of the law in !eneral. It is a set of rules that enables"eo"le to li&e to!ether in an or!ani*e) an) we ho"e harmonious way.

Documents

legal english Unit 1