THE LAWYER’S ENGLISH LANGUAGE COURSEBOOK
THELAWYER’SENGLISHLANGUAGECOURSEBOOKCatherine MasonGLOBAL LEGAL ENGLISH LTD
CONTENTS1AThe Legal Profession9Working in law92AAll rights reserved. No part of this publication may be reproduced, stored in a retrieval system, ortransmitted in any form or by any means, electronic or mechanical, including photocopying, recording orotherwise, without either the prior written permission of the publisher or a licence permitting restrictedcopying in the United Kingdom issued by the Copyright Licensing Agency Ltd, of 90 Tottenham Court Road,London, W1T 4LP7375Areas of law13The elements of a contract78Vocabulary check19The end of an offer80Toles Foundation exam practice20What is consideration?81Contract and statute82Reading contract law85Going to court87Vocabulary check89TOLES Foundation exam practice903B The Language of Contract Law9323The importance of collocations23The importance of prepositions24Solicitors and barristers25Areas of law29The register of letter writing31Using your knowledge34Where does contract law come from?93TOLES Higher exam practice36Reading a statute96The elements of a contract99The Language of Banking41A new bank account41Working in a bank46Loans48Vocabulary check51TOLES Foundation exam practice5255A bank account55An email from the bank58The language of contract60The register of letter writing63Using your knowledge65TOLES Higher exam practice67British Library Cataloguing-in-Publication DataA catalogue record for this book is available from the British LibraryPrinted in England Global Legal EnglishA contract caseMore about precedent2B The Language of BankingCatherine Mason is identified as the author of this work in accordance with the Copyright, Designs andPatents Act 19887310ISBN: 978-0-954-0714-6-2 2011 Catherine MasonThe Language of Contract LawMaking a claim in the civil court1B The Legal ProfessionPublished in England by Global Legal English Ltd.The Pine Tree CentreDurham RoadBirtleyCounty DurhamDH3 2TDEnglandEmail: info@toles.co.ukwww.toles.co.uk3A Global Legal English4AReading a contract case100Offer and acceptance102Consideration104Contract law in practice107Starting a claim for breach of contract110Using your knowledge112TOLES Higher exam practice114The Language of Employment Law 119Being an employer119An employment contract122How can an employment contract end?126Acting for an employee128Acting for an employer130An employment case132Vocabulary check133TOLES Foundation exam practice134
4B The Language of Employment Law 1376B Understanding Contracts (1)Modern Letter Writing29310A Understanding Contracts (2)371137The different parts of a written contract215The layout of a letter293Some more typical contract clauses371Working in employment law140Parties and recitals216Dates294Some important commercial vocabulary373Some clauses from an employmentcontractDefined terms219Salutations296Termination clauses375144The key obligations223Complimentary close298Intellectual property clauses377An employment tribunal147Delivery of goods and services230References299Retention of title clauses379An employment claim151Using your knowledge235Subject lines300Using your knowledge155TOLES Higher exam practice237The body of a letter302Warranty, indemnity and forcemajeure clauses380TOLES Higher exam practice157Putting a letter together303More about force majeure clauses382The register of letter writing304Vocabulary check385The content of the letter308TOLES Foundation exam practice386Typical sentences in legal letters309Letter writing clinic311The Language of Business Law239The Language of the Law of Tort161Sole traders239What is the law of tort?161Partnerships242Types of tort163A partnership agreement246The duty of care165Limited liability partnerships248Correcting common mistakes inletter writing315More about negligence167Companies249TOLES Higher exam practice323A famous case in English law168Public and private limited companies253Vocabulary check170Incorporating a company256TOLES Foundation exam practice171Vocabulary check259TOLES Foundation exam practice2605B The Language of the Law of Tort6A8Finding a job7A5A2151757B The Language of Business Law2639A408Areas of company law329Using your knowledge410Directors331TOLES Higher exam practice412Company meetings333Company finance – a case study337Sole traders265Closing a company339The tort of negligence182Partnerships266Insolvent companies342The most famous tort case184The language of drafting268Vocabulary check344Using your knowledge186The register of letter writing272TOLES Foundation Exam Practice345TOLES Higher exam practice188Companies274Incorporating a company2769B The Language of Company Law349Paperwork278Shares and share capital282People connected with a company349Limited liability partnerships283Working in company law350The language of drafting284Directors352Using your knowledge286Company meetings356TOLES Higher exam practice288Insolvency359199Understanding archaic terms201Understanding some common words204The structure of a contract207Vocabulary check210TOLES Foundation exam practice212Who gets the assets? Global Legal English399Force majeureIncorporated and unincorporated businesses 263Understanding technical wordsWarranties and indemnities327180195394Who runs a company?Some categories of tortUnderstanding formal expressionsIntellectual property and confidentialinformation404177193389Term and terminationWhat is tortious liability?The style of written contractsRisk and title327175193389The Language of Company LawAn introduction to the law of tortUnderstanding Contracts (1)10B Understanding Contracts (2)Using your knowledge364TOLES Higher exam practice366 Global Legal EnglishAnswer Key415Answers415Audio transcripts443
PREFACEWe know that as a legal professional today, you need up-to-date and accurate legalEnglish in order to meet the challenges of work. This is because:AcknowledgementsThe publishers and authors would like to thank the Employment Tribunals Service for permission toreproduce the Claims Process Summary.Publisher’s noteThe following forms are Crown copyright:lyou have to deal with English-speaking clients and lawyers more than anyprevious generation of lawyerslyou are often expected to interpret or amend long commercial contractsdrafted in Englishlyou receive letters and emails written in English on a daily basisLegal English is a different language from general English. Just as lawyers in your owncountry write in a different language from other people, so do English-speaking lawyers.Sentences are often structured differently in legal English. The words lawyers use areoften centuries old and no longer commonly used in general English. New prepositionsneed to be learned. When you read a commercial contract or read a letter there is new,technical vocabulary to understand on every page.Form 10: First directors and secretary and intended situation of registered officeN1 Claim form (CPR Part7)Contracts (Rights of Third Parties) Act 1999The Lawyer’s English Language Coursebook was written for legal professionals such asyou, with your needs at the heart of the book, and it gives you the material you needto study in an efficient and effective way. It is based upon our many years’ experienceof teaching and working with lawyers, law students and legal translators from aroundthe world. We are convinced that this book is the best study material available to you ifyou want to be professional and accurate in all you do in English at work.The Unfair Contract Terms Act 1977Balfour v Balfour (1919) Court of AppealAll images Getty ImagesThis coursebook is intended to be a complete course of preparation for the TOLESFoundation and Higher exams in legal English. We recommend that anyone planningto take the TOLES Advanced exam should use this book too, as the material in it isfundamental to any lawyers’ English language skills. Even if you do not intend to take alegal English exam, you can use this book as a complete course of self-study for legalEnglish and it is recommended to anyone who needs to use legal English at work.Cover imageMartin Barraud/200154574-002/Getty ImagesInterior imagesPeter Sherrard/AB23988/Getty ImagesPhotodisc/E000159/Getty ImagesEach of the ten units is divided into section A (Foundation) and section B (Higher). Werecommend that everyone should complete section A of each unit, to be sure from thestart that you are familiar with the legal vocabulary it contains and are accurate inwhat you are doing. When you are confident that you know the material contained insection A of each unit, you can proceed to build on your skills by completing the morecomplex exercises in section B. Each unit also contains some practice exercises for theTOLES exams.Simon Battensby/200376391/Getty ImagesSuzanne & Nick Geary/BC9729-001/Getty ImagesJohn Foxx/71019301/Getty ImagesJohn Foxx/71042734/Getty ImagesAntonio M Rosario/72797149/Getty ImagesYou will see that the book contains boxes, clearly marked with a symbol m . Theseboxes or ‘banks’ of information contain language that you will need to memorise.Please do not be tempted to ignore these boxes. We assure you that if you memorisethis information you will see a spectacular improvement in your legal English. Webelieve that no particular book or computer programme can ever be a substitute forold-fashioned hard work.Robert Clare/200368565-001/Getty ImagesLambert/Archive Photos/JK7237-001/Getty Images72724417/Getty ImagesWhile every care has been taken to establish and acknowledge copyright and to contact the copyrightowners, the publisher tenders its apologies for any accidental infringement.We hope that you enjoy using this book and we are confident that it will add qualityand accuracy to your legal English skills.This book is an English language teaching and studying resource. It is not intended to be used as a sourceof legal information or advice.Catherine MasonCambridge 2011Please note that The Companies Act, 2006 significantly changed the law and the documentation relatingto companies. However, working legal professionals need to be familiar with the language of the olddocumentation as well as the new. For this reason, this book contains examples of both. Global Legal English Global Legal English7
Unit 1A / FoundationTHE LEGAL PROFESSIONWORKING IN LAWExercise 1Look at this list of legal occupations. All of these people work in law. We call all of the people who workin these jobs ‘the legal profession’. Match the jobs with one of the This person is a lawyer who gives legal advice and opinions to solicitors. He or she passed theexams of The Bar Council at the end of his or her studies.bThis person is a lawyer who gives legal advice to individuals and companies. He or she passed hisor her exams in the USA at the end of his or her studies and is usually a member of the AmericanBar Association.cThis person is a lawyer who gives legal advice to individuals and companies. He or she passed theexams of The Law Society of England & Wales at the end of his or her studies.dThis is the general job title that we use for people who work as a solicitor, barrister or attorney.Exercise 2Read this text about working in law. The most important words are in the key vocabulary below. Decide ifthe statements on the next page are true or false.The Legal ProfessionUnit 1A / FoundationKey vocabularyllawyerlpractiselbarristersllaw firmlattorneyljudgeltraining contractlacting forlqualifiedllegal lpleading a caselspecialiselright of audiencelappearlsolicitorslclientsThere are two types of lawyer who practise inEngland. They are called barristers and solicitors.In the USA and most other countries, lawyers don’tmake this distinction – a lawyer is simply known asan attorney-at-law, or an attorney.In both England and the USA, it is not possible totake a special exam to be a judge. If you decidethat you want to be a judge, you must get a lot ofexperience as a lawyer first, then apply to be ajudge and wait to see if you are chosen.Most law students in England become solicitors.When they finish their university studies they do aone-year legal practice course and then a two-yeartraining contract with a law firm. After that, they arequalified solicitors. Many solicitors work for a legalpractice, which is usually a partnership of solicitors Global Legal Englishwho work together. Solicitors practise in many areasof law, although each solicitor usually chooses tospecialise in one particular area. They representtheir clients both in and out of court. We oftendescribe this as acting for a client. The process ofmaking a claim in the civil court is called litigation.Barristers are usually self-employed lawyers but canwork in partnerships in the way that solicitors do.They are specialists in advocacy, which is the skillof speaking for someone in court. We call thispleading a case. They also give opinions on areasof law to solicitors and the solicitors’ clients. It isnot just barristers who have the right of audiencein court. Solicitors are also allowed to representtheir clients in court and many solicitors appear incourt every day. It is not true to say that a clientalways needs a barrister in court.9
Unit 1A / FoundationThere are two types of lawyer practising in England.g Trueg FalsebLast year I finished my training contract and I started working for alarge international law firm. I am now a qualified solicitor.g Trueg FalsecOnly barristers can speak on behalf of clients in court.g Trueg FalsedBoth solicitors and barristers can work together in partnerships.g Trueg FalseeIn the USA and England lawyers can take a special exam to be a judge.g Trueg FalseMAKING A CLAIM IN THE CIVIL COURTIn the English and American legal systems we divide the law into two main areas. These are criminal lawand civil law.This means that everything that is not a criminal matter is a civil matter.Exercise 1Look at these situations and decide if the person needs a criminal lawyer or a civil lawyer.In other words, is it a criminal matter or a civil matter?aMr Bellerby is opening a new factory. Heneeds to visit a lawyer to get a contract forall of his employees to sign.gbgcivilMrs Robson is thinking about what she wantsto happen to her house and possessions afterher death. She needs to visit a lawyer to getthe correct document, which is called a ‘will’.gccriminalcriminalgcivilMr Flynn owns a restaurant. He has acontract with a company to deliver fruit andvegetables to his restaurant. The companydidn’t deliver them on the agreed date, soMr Flynn lost money because he could notopen his restaurant that day. Mr Flynn needsto see a lawyer about asking the deliverycompany to give him the money he lost.gggggcivilcriminalStarting a claim in the civil courtWhen you are in dispute with another personsometimes it is necessary to start a claim in thecivil court. We sometimes call this process ‘filing aclaim’ or ‘issuing a claim’. Lawyers also say ‘startingproceedings’. We do not use the verb ‘to prosecute’in civil law because that verb is only used in criminallaw. In England most civil claims are filed in theCounty Court. There are over 200 County Courts inEngland and Wales. Most cities and large townshave a County Court.The person who starts the claim is called theclaimant in the UK. This person was called theplaintiff until 1999, when there were new courtrules in England to make everything easier forpeople to understand. However, in the USA theclaimant is still called the plaintiff. In both Englandand the USA the other party is called the defendant.A claim form is the document that a claimant usesto start legal action against the defendant.lsomeone refuses to pay you money that theyowe to youlsomeone does a job for you, but they do itbadly. We call this bad workmanshiplsomething that you paid for is not supplied to youlsomething that you bought is not working properly.The claimant has to pay a sum of money, called acourt fee, for the court to issue proceedings. In theclaim form, the claimant must state the amount ofhis or her claim and request the defendant to payall of the legal costs of the case.Sometimes people talk about ‘the small claimscourt’. They really mean the special procedure thatexists at the County Court for small claims. A smallclaim is a claim for less than 5000. This amountwill probably increase in the future.aStarting a claim means the same as starting proceedings.g Trueg FalsebYou can ‘prosecute’ someone in the civil court.g Trueg FalsecThere are more than 200 County Courts in England and Wales.g Trueg FalsedThe word ‘plaintiff’ is not used in England any more but it is usedin the USA.g Trueg FalseeIt is free to start a claim in the County Court.g Trueg FalsefThere is a special court in a separate building for making small claims.g Trueg Falseg civilHelp deskHelp deskWhat do these words mean?What do these words mean?civil law – the law concerning the rights andduties of private individuals and companiesother than criminal matters.Why might a claimant start a claim? There are a lotof reasons, for example:civilThe police are taking Mr Dean to the policestation because they say he stole a car. Heneeds a lawyer to come and visit him thereto tell him what to do.criminalecriminalMr Allen is a bank manager. The bank issaying that some money is missing. Mr Allenhas a new car and expensive clothes. Thepolice are coming to ask Mr Allen somequestions. He needs a lawyer immediately.criminal law – the law that punishes actsagainst a person or against property that peopleconsider to be harmful to the whole community.The state prosecutes criminals.10dExercise 2Read the information below. It is about starting a claim in the civil court. Decide if the statements thatfollow are true or false.a matter – a subject or situation, e.g. a criminalmatter, a civil matter.to be in dispute – to have a seriousdisagreement with another person.legal costs – the court fees and payment forthe lawyers who are acting for the parties.a will – a legal document in which a person givesdetails of what they want to happen to theirproperty after their death.a party to a court case – the claimant or thedefendant.a procedure – a decided way of doingsomething.to owe money to someone – to have to paysomeone for something that they have done foryou or given to you.to prosecute – to take legal action againstsomeone in the criminal court.to steal (stole) – to take something that belongsto someone else with the intention of keeping it. Global Legal English Global Legal English11Unit 1A / Foundationa
Unit 1A / FoundationUnit 1A / FoundationAREAS OF LAWExercise 3Here are some important expressions which lawyers use when they talk about starting a claim in the civilcourt. Complete the sentences by matching the first half of each sentence with the correct ending.(*) To issue a claim means to confirm that you have received the claim andto say what you will do next. (1)a To pay a fee means to start a claim in the civil court.b To serve a claim upon someone means to listen to the details of the claim and listen towhat the claimant and the defendant say abouttheir dispute. (2)c To respond to a claim means to pay the court an amount of money for issuingthe claim. (3)d To hear a case means to can legally take a person’s property when thatperson does not pay money that he or sheowes. (4)e To find in favour of someone means to fTo give a judgment means to g To make an order means to officially announce the result of the case. Thejudge may give the reasons for the decision. (5) send the claim to the defendant’s addressand make sure that he or she receives it. (6) decide that this person has won the case. (7)h A bailiff is a person who Exercise 1In England and the USA there is an area of law called ‘the law of tort’. It is the law of civil responsibility.It is an area of civil law. Read this text about the law of tort. The most important words are in the keyvocabulary below. Answer the question
The Lawyer’s English Language Coursebook was written for legal professionals such as you, with your needs at the heart of the
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