Legal English
Legal English
‘A Lawyer will do anything to win a case, sometimes he will even tell the truth.”
Patrick Murray – politician
2) Work in pairs and decide which law is the strangest and why. Why were they introduced?
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10 INTRODUCTORY CHAPTER
2) Complete the sentences with have to / don’t have to / mustn’t / should / shouldn’t so that they are true
for Poland.
1. You ............................ drive if you have had any alcohol.
2. You ............................ do military service.
3. You ............................ sunbathe topless in public places.
4. You ............................ drink alcohol at work.
5. You ............................ wear a seat-belt if you are in the back seat of a car.
6. You ............................ vote in a general election.
7. You ............................ pay on motorways.
8. You ............................ beat your own children.
9. You ............................ sell alcohol and cigarettes to teenagers.
10. You ............................ possess marijuana.
11. You ............................ use a mobile phone while driving.
12. You ............................ clear the snow in front of your house in winter.
13. You ............................ stop on the motorway.
14. You ............................ wear a helmet if you ride a bike.
15. You ............................ turn off your mobile during a flight.
3) Compare your answers with a partner. Do you think any of these laws should change?
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INTRODUCTORY CHAPTER 11
1. Martha threatened Adam to go to court if he did not pay the money back.
2. The players were on the court for over two hours.
3. Court life during Henry VIII’s reign was amazing.
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12 INTRODUCTORY CHAPTER
Task 2. LATIN IN LEGAL ENGLISH. Match the Latin words often used in Legal English with their
equivalents.
1. as a matter of form a) inter alia
2. for this purpose b) per annum [pər ‘ænəm]
3. that is c) de facto [deɪ ‘fæktəʊ]
4. by itself d) versus
5. among other things e) id est
6. per year f) quasi [‘kweɪzaɪ] [‘kwɑːzaɪ]
7. against g) bona fide
8. in fact h) pro forma
9. in good faith i) ad hoc
10. as if it were j) per se
Task 3. FORMAL VERSUS INFORMAL. Replace the words in bold with more formal equivalents
given below, changing the verb form where necessary.
1. The contract 1) finishes in June 2015.
2. This machine was invented to 2) help the disabled.
3. Passengers are 3) asked not to leave their luggage unattended.
4. If you 4) want to leave your job you have to 5) inform your employer.
5. If you want to 6) look for 7) more information on the subject ask your teacher.
6. I 8) am sorry about 9) the problems it will cause, but 10) the situation has left me no choice.
7. A mediator may 11) make the communication between parties easier.
8. Illegally parked cars will be removed without any 12) previous 13) information being given.
9. The academic year 14) starts in October.
10. They did not want to 15) reveal the facts about last year’s profits.
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INTRODUCTORY CHAPTER 13
1. A public official authorized to decide on the questions brought before a court of justice
2. A professional person authorized to practice law; conducts lawsuits or gives legal advice
3. Somebody with specialist knowledge concerning the topic that he is to testify about
4. A British or Canadian lawyer who speaks in the higher courts of law on behalf of either the defence or
prosecution
5. (In Britain) a lawyer who advises clients on matters of law, draws up legal documents, prepares cases for
barristers, etc., and who may represent clients in certain courts
6. A person trained to undertake legal work but not qualified as a professional solicitor or barrister
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14 INTRODUCTORY CHAPTER
KEY NOTES
Constitutional law is a branch of public law which regulates the political and
socio-economic system. The norms of constitutional law are mainly those
contained in the Constitution, or the normative act which is passed and
amended through an impeded procedure. The Constitution also regulates the
most important issues in the government system, as well as having supreme
legal authority, which means that all other normative acts have to remain in
accordance with the Constitution.
The Constitution of the Republic of Poland (RP) was passed on 2 April 1997 by the National Assembly - the
combined chambers [‘tʃeɪmbəz] of the Sejm [Seym] and the Senate (the two chambers of the Polish
parliament), and subsequently approved by the people in a referendum. The Constitution may be amended
only through an extraordinary procedure. An amendment [ə’mendmənt] to the Constitution may be passed
by a majority of 2/3 of votes in the Sejm and by an absolute majority in the Senate. If the object of the change are
regulations in chapter I of the Constitution (the principal rules), chapter II (the rights and freedoms of individuals)
or chapter XII (amending the Constitution), a bill [‘bɪl] to amend the Constitution may be additionally subject
to approval by referendum.
The content of the Constitution is special, for it regulates the most important issues of the governmental system.
Foremost, the Constitution defines the source of the supreme [su’pri:m] power in the state (sovereign power).
According to Article 4 of the Constitution of the RP, the sovereign [‘sɒvrɪn] is the Nation, which executes
power through its representatives (members of parliament and senators) or directly (through referenda
[ˌrefə’rendə]). The Constitution also defines the basic freedoms and rights of people and citizens (chapter II of
the Constitution of the RP), issues of ownership and economic relations (articles 20-24 of the Constitution), the
territorial structure of the state and territorial local government (article 3, articles 15-17 as well as chapter VII of
the Constitution of the RP), the sources of law (chapter III of the Constitution) as well as the mode of amending
the Constitution (article 235).
The majority of the text of the Constitution is devoted to the description of the structure and principles of
functioning of the state machinery. In democratic countries this structure is based on the separation of powers.
According to article 10 of the Constitution of the Republic of Poland (RP), the legislative branch includes the
Sejm and the Senate, the executive branch is the President of the RP and the Council of Ministers, and finally,
the judicial branch is made up of courts and tribunals.
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16 CONSTITUTIONAL LAW
1. This is a full list of all the ratified and unratified ...................... of the United States Constitution which have
received the ...................... of the Congress.
2. The ...................... branch in Poland consists of the Sejm and the Senate.
3. A/ an ...................... producer is a producer who is not involved in any technical aspects of the filmmaking or
music process, but who is still responsible for the overall production, typically s/he handles business and
legal issues.
4. The head of the ......................, the Prime Minister, announced that he was planning to resign from his position.
SPEAKING
Look at the statements below and decide whether you agree or disagree. Tick (ü) the ones you agree
with and put a cross (x) next to the ones you disagree with. Think about your reasons.
1. Governments would not change so often if there was a legal obligation to take part in elections.
2. Political parties should be self – financing.
3. Teenagers should study the Constitution at school.
4. The Constitution should be updated every five years.
5. A referendum is the best solution to any problems concerning the Constitution.
In groups discuss your opinions on each situation. Have you reached an agreement?
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CONSTITUTIONAL LAW 17
Legislative Power
Legislative power is exercised(1) [‘eksəsaɪzd] by the parliament, which in Poland
comprises two chambers: the Sejm and the Senate (chapter IV of the Constitution of (1) wykonywana
the RP). They include members and senators chosen in general and direct elections. (2) odbywać się
The term of the Sejm and the Senate lasts four years. The elections for the two (3) przedkładać
chambers are held(2) [ə ‘held] on the same day. (4) odrzucić, odmówić
The most important competence of the Sejm and the Senate is the passing of bills. (5) zobowiązany
Bills are always submitted(3) [səb’mɪtɪd] in the first instance to the Sejm. Only when (6) być zgodny z…
the bill is passed by the Sejm, is it considered by the Senate. The Sejm may reject(4) (7) unieważnić
[rɪ’dʒekt] the Senate’s objection to the bill or the amendments proposed by it. A bill
which has been passed by the Sejm must then be signed by the President. Before
signing the bill, the President may present it to the Constitutional Tribunal, which is
charged with(5) [‘tʃɑːdʒd wɪð] checking that bills conform with(6) [kәn’fɔːm wɪð]
the Constitution. The President may also veto the bill; the veto however, may be
nullified(7) [‘nʌlɪfaɪd] by the Sejm. In addition to passing bills, the Sejm also controls
the activities of the executive power (the Council of Ministers).
1. How long does the term of the Sejm and the Senate last?
2. What is the most important competence of the Sejm?
3. What is the procedure for passing bills?
Executive Power
The President of the Republic of Poland (chapter V of the Constitution of the RP), in
addition to having executive authority, functions as the Head of State. The President (1) przestrzeganie
is the supreme representative of the Republic of Poland in both foreign and domestic (2) zabezpieczać
relations, guarantees the continuity of State authority, ensures observance(1) (3) nienaruszalność
[əb’zɜːvənts] of the Constitution, safeguards(2) [‘seɪfgɑːdz] the sovereignty and (4) głosy
security of the State as well as the inviolability(3) [ɪnˌvaɪə’bɪləti] and integrity of
(5) wotum zaufania
its territory (Article 126). The President of the RP is elected in general and direct
elections, by an absolute majority of votes(4) [‘vəʊts].
In spite of the President’s strong position, it is the Council of Ministers that conduct the
domestic and foreign policy of the Republic of Poland (chapter VI of the Constitution
of the RP). The Council of Ministers consists of the Prime Minister and ministers. The
Council of Ministers is nominated by the President, but this is conditional on a vote
of confidence(5) [ə ‘vəʊt əv ‘kɒnfɪdənts] from the Sejm. A new Council of Ministers
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18 CONSTITUTIONAL LAW
Judicial Power
Judicial power is exercised by the courts of law and tribunals. In Poland there are
two types of courts: common and special courts. The common courts are district (1) obejmować,
courts, regional courts and the courts of appeal. At their head is the Supreme Court dotyczyć
of the Republic of Poland. The special courts are military and administrative courts. (2) rozstrzyga
The Constitution guarantees the principle of independence of the courts and judges. (3) rozstrzygać
The judges are only subject to the Constitution and statutes. They can neither be (4) odpowiedzialność
removed from their positions nor arrested without the prior consent of a court.
(5) akt oskarżenia
The judiciary also embraces(1) [əm’breɪsɪz] the Constitutional Tribunal and the
Tribunal of State. Among the competences of the Constitutional Tribunal is deciding
upon the compatibility of statutes and other normative acts with the Constitution
or other acts of higher rank. Moreover, the Constitutional Tribunal settles conflicts(2)
[‘setlz ‘kɒnflɪkts] of competence between the central constitutional state
organs and decides whether the aims and activities of political parties conform
to the Constitution, as well as adjudicating(3) [ә’dʒu:dɪkeɪtɪŋ] on constitutional
complaints.
The Tribunal of State adjudicates upon the constitutional accountability(4)
[әˌkaʊntә’bɪlәti] of the President, the Prime Minister, ministers and others
exercising the highest offices of State. An indictment(5) [ɪn’daɪtmәnt] against the
President of the Republic is brought by the National Assembly, against the others,
by the Sejm. The Tribunal of State may adjudicate on a dismissal from office or post,
a deprivation of public rights, and if an offence is committed, penalties fixed by the
penal code.
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CONSTITUTIONAL LAW 19
Organ(s)
**Task 3. Work in groups. Find words or phrases in the text which are similar in meaning to the
definitions below. The first group to finish is the winner.
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20 CONSTITUTIONAL LAW
Glossary
adjudication (n.) [әˌdʒu:dɪ’keɪʃәn] a formal decision on a dispute given by court
discretion (n.) [dɪ’skreʃәn] freedom to act or judge on one’s own
summit (n.) [‘sʌmɪt] a meeting of heads of governments or other high officials
ultimately (adv.) [‘ʌltɪmәtli] finally, basically
Tasks
1. Work in groups. Group A, turn to page 312, read the text and prepare your arguments for discussion.
Group B, turn to page 317, read the text and prepare your arguments for discussion. Group C – the
members of the Constitutional Tribunal go to page 322.
2. A meeting of the three groups starts. Each group’s spokesperson presents his/her group’s point of
view.
3. The members of the Constitutional Tribunal leave the room to reach a decision. After 10 minutes
they present their verdict.
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CONSTITUTIONAL LAW 21
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22 CONSTITUTIONAL LAW