12..
listen to a lawyer telling a client about some of the documents involved ;n
his case and answer these questions.
1 What claim has been filed against the client?
2 Will the case go to trial?
13 Match these documents (1-9) with their definitions (a-i).
1 affidavit a a document informing someone that they will be
involved in a legal process and instructing them what
they must do
2 answer b a document or set of documents containing the details
about a court case
3 brief c a document providing notification of a fact, claim or
proceeding
4 complaint d a formal written statement setting forth the cause of
action or the defence in a case
5 injunction e a written statement that somebody makes after they
have sworn officially to tell the truth. which might be
used as proof in court
6 motion f an application to a court to obtain an order. ruling or
decision
7 notice g an official order from a court for a person to stop
doing something
8 pleading h in civil law. the first pleading filed on behalf of a
plaintiff, which initiates a lawsuit. setting forth the
facts on which the claim is based
9 writ the principal pleading by the defendant in response to
a complaint
14.. listen again and tick the documents that the lawyer mentions.
1 answer 0 2 affidavit 0 3 brief 0 4 complaint 0 5 injunction 0
6 motion 0 7 notice 0 8 pleading 0 9 writ 0
15 Match each verb used by the lawyer (1-5) with its definition (a--e).
1 to draft a document a to deliver a legal document to someone, demanding
2 to issue a document that they go to a court of law or that they obey an order
3 to file a document with an authority b to produce a piece of writing or a plan that you intend
4 to serve a document on someone to change later
(or to serve someone with a c to deliver a document formally for a decision to be
document) made by others
5 to submit a document to an d to officially record something. especially in a court
authority of law
e to produce something official
16 Decide which of the nouns ;n Exercise 13 can go with these verbs. The first
one has been done for you.
1 draft (IJ'l (IJ'lswer, l1. bne.f. 0. comploi.nt, 0. mohon, 0. pLe6..d.i.ng
2 issue
3 file (with)
4 serve (on someone)
5 submit
legal latin
Lawyers use Latin words and expressions when writing legal texts of every kind, from
statutes to emails.
The following excerpt is from the legal document known as an 'answer' It was submitted
to the (ourt by the defendant from listening 1.
17 Underline the common latin words and phrases in the text. Do you know what
they mean?
The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of
action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot
be determined whether the contract sued on is written. oral or implied by conduct.
The complaint alleges breach of contract as follows: 'At all times herein mentioned. plaintiffs
were a part I sic J to the Construction Contract. as well as intended beneficiaries to each sub-
contract for the construction of the house. In light of the facts set out above. defendants. and
each of them. have breached the Construction Contract:
On its face, the claim alleges only that defendants 'breached the Construction Contract'. But
LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its
breach. See e.g. G$I Enterprises. Inc. v. warner (1993).
18 Match each Latin word or expression (1-8) with its English equivalent and the
explanation of its use (a-h).
1 ad hI)(: a thus (used after a word to indicate the original. usually incorrect.
spelling or grammar in a text)
2 et alii (et al.) b for example (used before one or more examples are given)
3 et cetera (etc.) c for this purpose (often used as an adjective before a noun)
4 exempli gratia (e.g.) d against (versus is abbreviated to V: in case citations, but to 'vs." in all
other instances)
5 id est (I.e.) e and others (usually used to shorten a list of people. often a list of
authors, appellants or defendants)
6 per se f and other things of the same kind (used to shorten a list of similar items)
7 sic g by itself (often used after a noun to indicate the thing itself)
8 versus {VS. orv.} h that is (used to signal an explanation or paraphrase of a word preceding it)
19 Match each Latin term (i-10) with its English equivalent (a-j).
1 de facto a among other things
2 ipso facto b per year
3 inter alia c number of shareholders or directors who have to be present
at a board meeting so that it can be validly conducted
4 per annum d in fact
5 pro forma e of one's own right able to exercise one's own legal rights
6 pro rata f proportionally
7 quorum g by that very fact itself
8 sui juris h as a matter of form
9 ultra vires as follows
10 videlicet (viz.) beyond the legal powers of a person or a body
PART II: A CAREER IN THE LAW
20.. Several different words can be used to refer to a lawyer. Listen to three
law students in the UK talking about the kind of work they would like to do
when they have completed their law studies. Write the correct word for lawyer
in the gaps.
Anna: $0, what are you two planning to do later. when you've completed your degree?
Daniel: Well, right now, I'm planning to become a 1) , because I'd really like to plead
cases in court.
Anna: You've been watching too many of those American films. when the handsome young
2) wins the case against the big. bad corporation!
Daniel: Very funny. I just like the idea of arguing a case. I think ifd be exciting. What about you?
Anna: Actually, rd like to work for a big corporation and advise them on their legal affairs, as
3) . I've heard the work can be very challenging. What are your plans, Jacob?
Jacob: I'm thinking about becoming a 4) . I'm not that interested in pleading cases in
court. I'd rather do research and give legal advice - I think that'd suit me better.
21 Discuss these questions.
1 Does your native language have more than one word for lawyer? Do they
correspond to the different English words for lawyer mentioned above?
If not. how do the concepts differ?
2 What is each type of legal practitioner in your jurisdiction entitled to do?
3 What English term do you use to describe your job or the job you would like
to do?
22 a Combine the nouns in the box with the verbs below to make combinations to
describe the work lawyers do. Some of the verbs go with more than one noun.
cases clients contracts corporations decisions defendants
disputes law legislation
1 advise
2 draft
3 litigate
4 practise
5 represent
6 research
b Choose three 'verb + noun' pairs from above and write sentences using
them.
23 Choose the words from the box which can be combined with the word lawyer to
describe different types of lawyer. Say what each one does.
bar corporate
public-sector sole
defence
tax
government
trial
patent practitioner
J
Legal education A call to th B r
EnQ ish speaklOCi (au trie ,thE Bar.. e TI for t e ~al pro e...... lon I sell bar
assoc ation I th ssoc allon wh h rf>Q at s he p ofr551 A perso who to
plac I aw S ldmltted to the Bar 0 th th r hi (j 0 fisb r wv r
or her nabt t (t e law
Th 0 0 In
• o gu Wfltt n fC s h'lo el rs about 0 se f
2 Read the text and say whether legal education in your country is more similar
to the UK or the US model.
Studying law in the UK
In the UK, a ]l'J:,.ral",·ducltioll u<;ually begins wilh the completion of.1
bachelor degree III law. known as an LLB, which usually takes three )'l'ars.
In the subsequent \'oc.uional stage. a person who wishes to become a
barrister joim one of the Inns of Court before beginning the Bar
Vocational Course. The completion of this stage is marked by a
ceremony fefcrred to as the call to the Bar. A third stage. known as
pupillage. is:l year-long appremict"Ship, usually at a Sd of barristers'
chambers. which customarily consists of groups of 20--60 barristers.
Similarly. a persoll wishing to becomc a solicitor IllUSt also complete
three stages: the tirst stage im'olvt's braining a law degree: the second SLlgC
requires passing :I onc:-yc:ar Legal Practice Course (LPC); and the final
stage entail~ working for two years as 3 trainee solicitor with a firm of
solicitors or in the legal dt'partmcllf of a local authority or large company.
Studying law in the USA
In the USA.:I h.:b'"3l education comprises four yc:ars of undergradu:lte study
followed by three YC:lrs of law school. A law-school gr:ldu:lte receives the
degree ofjuris doctor (J.D.). In order to qualify as a lawyer.:I law-
school gr:ldll:lte l1lust P3% the bar cxal11ination.
25 Find terms with the word bar in the introduction to this section and in the text
above which match these definitions.
1 a lawyer who is Qualified to plead on behalf of clients
2 in the UK, a training course which enables people who wish to become
barristers and who have registered with the Inns of Court to acquire the
skills and knowledge to prepare them for the specialised training of the
pupillage
3 a ceremony held at the end of this training course, when a candidate enters
the profession
4 organisation regUlating the legal profession
5 in the USA, an important test taken by law-school graduates which. when
passed. qualifies a person to practise law
6 granted entrance to the legal profession
7 to compel a lawyer to stop practising law due to an offence committed
Unit 1 The practice of law
c c u it e
26 Read the following CV (curriculum vitae)l of a young British lawyer and answer these Questions.
1 Where did he work in summer 2002?
2 What languages does he speak?
3 Where did he complete his first degree?
4 What was his main duty at the European Commission?
5 What is he doing now?
Linus Walker
Address: Frejg 17, SE·118 25, SlOckholm. Sweden Nationality. British
Email address: linuswalker@elLsc Dateofbirlh: 12Ma)' 1982
EDUCATION
2005 - present University of Stockholm, Sweden
A'faSler's Programme ill LaU/(wd Illformfliioll Tecllllology
Course covers the legal aspects of Information Technology and the legal
implications of the use of the Internet
2(){){).-Z004 University of Essex, Colchester, United IGngdom
1-LO (EIISlisl, & Fre/lcll law degree)
Course included all the core legal subjects, with a focus on contract law,
company law, common law. property law and European law
~OO2-2003 Universitc Paris X, Paris, France
DEUG (Freud, law degree), Namerre
Part of the degree programme at Universily of Essex included an illlensive
course in French. Among subjecls studied: European Communily L..1W.
Infomlution Law, Civil Law and Penal Lmv
LEGAL WORK EXPERIENCE
June 200+- European Commission, Brussels, Belgium
February ZOOS Legal AssislalU within the Legal Department of the service Commune Relex
(SCR). Drafling opinions in English and French dealing wilh contraCtS awarded
for projecls
Summers G. R. FOSler & Co. Solicitors, Cambridge, UK
200]-2004 Liaison with clients; conducting research into multiple legal arcas.
including fam ily law, ton law and conlracts; assisting with lrial prcparMioll
Summer 2000 Wesll<lke Chambers. Bath. UK
Mini-pupillage. involving sh<ldowillg a Ilumber of counsel; assisled in
daily activities
SKJLLS AND QUALIFICATIONS
I...l nguages: Native English speaker; nuent in French (written and spoken):
upper-intermediate Swedish
Computing: Proficient in Word, Windows. email
t.lcmbership: The Law Society
Strong researching and \\Titing skills
INTERFSI'S
Skiing. French hislOry, chess
References available upon request
1 (US) rl!sume or resume