1 The practice of law

PART I: THE LEGAL SYSTEM

Reading A: Bodies of law
1.1 Read the excerpts below from the course catalogue of a British university's
summer-school programme in law and answer these questions. 1.
1 Who is each course intended for?
2
2 Which course deals with common law?

3 Which course studies the history of European law?

A B
LAW 121: Introduction to English law LAW 221 : Introduction to c ivil law
2..
This course provides a general overview of More individuals in the world solve their legal

English law and the common-law system. The

problems in the framework of what is called the

course will look at the sources of law and the

civil-law system than in the Anglo-Saxon

law-making process, as well as at the justice

case-law system. This course will introduce

system in England . Students will be introduced to

students to the legal systems of Westem Europe

selected areas of English law, such as criminal

that have most influenced the civil-law legal

law, contract law and the law of torts. The

systems in the world . It aims to give students an

relationship between the English common law

insight into a system based on the superiority of

and EC law will also be covered .

written law. The course will cover the application
and development of Roman law in Europe to the
The course is deSigned for those intemational
making of national codes all over the world.
students who will be studying at English universi­

ties later in the academic year. Other students

The course is intended to prepare students who

with an interest in the subject are also welcome

are going to study in a European university for the

to attend , as the contact points between English

different approaches to law that they are likely to

law and civil law are numerous. The seminars and

face in their year abroad .

all course materials are in English.

1 .2 Match these bodies of law (1-3) with their definitions (a - c) .

1 civil law a area of the law which deals with crimes and their punishments,

2 common law including fines and/or imprisonment (also penal law)

3 criminal law b 1) legal system developed from Roman COdified law,

established by a state for its regulation; 2) area of the law

concerned with non-criminal matters, rights and remedies
c legal system which is the foundation of the legal systems of
most of the English-speaking countries of the world, based
on customs, usage and court decisions (also case law,
judge-made law)

1.3 Complete the text on the next page contrasting civil law, common law and criminal
law using the words in the box.

based on bound by codified custom disputes legislation

non-criminal precedents provisions rulings

 The term 'civil law' contra$ts with both 'common law' and 'criminal law' . In the first

sense of the term, civil law refers to a body of law 1) ............. . ...... written legal codes

derived from fundamental normative principles. Legal 2) ..H......H. are settled by

reference to this code, which has been arrived at through 3) ...... Judges are

4) H.. . . ......H ... the written law and its 5) ...........

In contrast, common law was originally developed through 6) H ." ••••• ,at a time

before laws were written down. Common law is based on 7) .................................. . created by

judicial decisions, which means that past 8) ...... are taken into consideration

H.

when cases are decided. It should be noted that today common law is also

9). ... .. ... i.e. in written form.

H . ,

In the second sense of the term, civil law is distinguished from criminal law, and refers

to the body of law dealing with 10) ..... matters, such as breach of contract.

1 .4 Which body of law is the basis of the legal system of your jurisdiction?

Reading B: The adversarial and inquisitorial systems

Afurther difference between the civil-law system and the common-law system lies in the
way proceedings are conducted.
2.1 Read the text below comparing the two systems and answer these questions.
1 Which system is characteristic of common-law countries?

2 How does the way evidence in a trial is gathered and presented differ in the two

systems?

3 What is the role of the attorney in each system?

4 In your opinion, which system is best suited for arriving at the truth?

The inquisitorial system, which is employed in most civil-law jurisdictions, can be defined by comparison

with the adversarial system used in the United States and Great Britain. In the adversarial system, two or

more opposing parties gather evidence and present it, and their arguments, to a judge or jury.

The judge or jury knows nothing of the litigation until the parties present their cases to the decision-maker.

Furthermore, in a criminal trial, for example, the defendant is not required to give testimony.

In the inquisitorial system, the presiding judge is not a passive recipient of information. Rather, he or
she is primarily responsible for supervising the gathering of the evidence necessary to resolve the case.
He or she actively steers the search for evidence and questions the witnesses, including the respondent or
defendant. Attorneys playa more passive role, suggesting routes of inquiry for the presiding judge and
following the judge's questioning with questioning of their own. Attorney questioning is often brief because
the judge tries to ask all relevant questions. The goal of both the adversarial system and the inquisitorial
system is to find the truth. But the adversarial system seeks the truth by pitting the parties against each other
in the hope that competition will reveal it, whereas the inquisitorial system seeks the truth by questioning
those most familiar with the events in dispute. The adversarial system places a premium on the individual
rights of the accused, whereas the inquisitorial system places the rights ofthe accused secondary to the
search for truth.

2 .2 Underline the verbs in the text above that appear with the nouns below (1-3). Then
combine the verbs in the box with the three nouns to make word partnerships. Some
of the verbs go with more than one noun.

dismiss gather give hear present provide recant

reject support uncover

1 evidence 2 testimony 3 arguments

2.3 Make sentences about the role of the judge in the inquisitorial system and the role of
the attorney in the adversarial system using some of the verb-noun collocations from
Exercise 2.2.

Unit 1 The practice of law ~

 Reading C: Types of law
The word law refers generally to legal documents which set forth rules governing a particular
kind of activity.
3.1 Read these extracts, which each contain a word used to talk about types of law.
Where did each appear? Match each extract (1-5) with its source (a-e).

1 2
The new EU Working Hours Directive is When a statute is plain and unambiguous, the
reported to be causing controversy amongst court must give effect to the intention of the
the medical profession. legislature as expressed, rather than determine
what the law should or should not be.
3
The purpose of this Ordinance1 is to 4
regulate traffic upon the Streets and Public These workplace safety and health
Places in the Town of Hanville, New regulations are deSigned to prevent
Hampshire, for the promotion of the safety personal injuries and illnesses from
and welfare of the public . occurring in the workplace.

5
Mr Speaker, I am pleased to have the opportunity to present the Dog Control
Amendment Bill to the House. It is a further milestone in meeting the changing
expectations we have about what is responsible dog ownership .

" (UK) by-Iaw/bye-Iaw

a court ruling c newspaper e brochure for employees

<!
b local government document d parliamentary speech

3.2 Find words in the extracts in Exercise 3.1 which match these definitions.
regulations
1 rules issued by a government agency to carry out the intent of the law; authorised 5
by a statute, and generally providing more detail on a subject than the statute
2 law enacted by a town , city or county government ordinance
3 draft document before it is made into law bill
4 legal device used by the European Union to establish pOliCies at the European level !

to be incorporated into the laws of the Member States

5 formal written law enacted by a legislative body

3.3 Complete the sentences below using the words in the box.

bill directive ordinance regulations statutes

1 The Town Council will conduct a public hearing regarding a proposed ..

concerning property tax.
2 According to the .......... concerning working time, overtime work is work which is
officially ordered in excess of 40 hours in a working week or in excess of eight
hours a day.
3 Early this year, the government introduced a new ................... on electronic commerce
to Parliament.
4 A number of changes have been made to the federal ... . ..... governing the seizing
of computers and the gathering of electronic evidence.
5 The European Union ..................... on Data Protection established legal principles aimed
at protecting personal data privacy and the free flow of data.

 Speaking A: Explaining what a law says

There are several ways to refer to what a law says. Look at these sentences:

The law stipulates that corporations must have three governing bodies.

The law provides that a witness must be present.

The patent law specifies that the subject matter must be 'useful'.

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

The law states / sets forth / determines / lays down / prescribes that ...

Choose a law in your jurisdiction that you are familiar with and explain what it says using
the verbs listed in the box above.

Reading 0: Types of court

Courts can be distin9uished with re9ard to the type of cases they hear.
Match each of these types of court (1-9) with the explanation of what happens
there (a-i).

1 appellate court (or court of a This is where a person under the age of 18 would be tried.
appeals, appeals court) b This is the court of primary j urisdiction , where a case is
2 crown court heard for the first time.
3 high court c This is where small crimes are tried in the UK.
4 juvenile court d This is where law students argue hypothetical cases.
5 lower court (or court of first e This is where a case is reviewed which has already been
instance) heard in a lower court.
6 magistrates' court f This is where cases involving a limited amount of money are
7 moot court handled.
8 small-claims court g This is where serious criminal cases are heard by a judge
9 tribunal and a jury in the UK.
h This is where a group of specially chosen people examine
legal problems of a particular type, such as employment
disputes.
This is usually the highest court in a jurisdiction, the court of
last resort.

Speaking B: Civil-court systems

Work in small groups and discuss these questions.
1 Describe the different types of court in your jurisdiction and the areas of law they
deal with.
2 Select one type of court in your jurisdiction and explain what kinds of case it
deals with .

Unit 1 The practice of law ~

 8 ..

Reading E: Persons in court

Complete this diagram with th e words and definitions below (a-f).

public official who has

the authority to hear and
decide cases person who
1) ... c
initiates a civil
lawsuit

defendant!
claimant 1
respondent
2) ...... f

reasonably a
prudent person person who has
specialised knowledge
of a particular subject
e b who is called to
testify in court

8.3
employee who takes person who
records, files papers 6) ... d appeals a decision
and issues processes to a higher court

8.
a expert witness
b appellanF
c person who is sued in a civil lawsuit
d officer of the court whose duties include keeping order and assisting the judge
and jurors

e person who pleads cases in court

f hypothetical person who uses good judgment or common sense in han dling

practical matters; such a person's actions are the guide in determining whether an

individual's actions were reasonable

1 (US) usually plaintiff

2 (US) also petitioner

8.
Listening A: Documents in court
8 .1.c o Listen to a lawyer telling a client about some of the documents involved in his
case and answer these questions.
1 What claim has been filed against the client?
breach of contract
2 What does the lawyer need from the client to be able to prepare his defence?
information, from
3 Will the case go to trial?
unable to say the client

8.2 Match these documents (1-9) with their definitions (a-i).

1 affidavit e a a document informing someone that they will be involved in

2 answer i a legal process and instructing them what they must do

3 brief b b a document or set of documents containing details

4 complaint h about a court case

5 injunction g c a document providing notification of a fact, claim or

6 motion f proceeding

7 notice c d a formal written statement setting forth the cause of action

8 pleading d or the defence in a case

9 writ 1 a e a written statement that somebody makes after they have

sworn officially to tell the truth, which might be used as proof

in court
f an application to a court to obtain an order, ruling or
decision
g an official order from a court for a person to stop dOing
something
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
the principal pleading by the defendant in response to a
complaint
1 Since the 1999 reform rules, the term claim form is used in the UK.

8.3 04 ~ Listen again and tick the documents that the lawyer mentions,

1 affidavit 0 4 complaint 0 7 notice 0

2 answer 0 5 injunction 0 8 pleading 0

3 brief 0 6 motion 0 9 writ 0

8.4 Match each verb used by the lawyer (1-5) with its definition (a-e).
1 to draft a document b a to deliver a legal document to someone, demanding
2 to issue a document e that they go to a court of law or that they obey an
3 to file a document with an authority d order
4 to serve a document on someone a b to produce a piece of writing or a plan that you
(or to serve someone with a document) intend to change later
5 to submit a document to an authority c c to deliver a document formally for a decision to be
made by others
d to officially record something, especially in a court

----- of law
e to produce something official
8.5 Decide which of the documents in Exercise 8.2 can go with these verbs. The first one
has been done for you.
1 draft ~ ~e.y, ~ b\"ie.f ~ wVYlf'I~l-tt, ~ I'\'\OtiOI-t, ~ p1e<ildi~

2 issue

3 file (with)

4 serve (on someone)

5 submit

Unit 1 The practice of law \. 13)

 · Reading F: legaL latin
\,

Lawyers use Latin words and expressions when writing legal texts of every kind, from
statutes to emails. The excerpt below is from the legal document known as an 'answer'.
It was submitted to the court by the defendant from Listening A.
9.1 Underline the common Latin words and phrases in the excerpt. 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 detennined 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 [sic] 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 patty to the Construction Contract. Therefore LongCo cannot be liable

for its breach. See e.g. GSI Enterprises, Inc. v. Warner (1993) .

9.2 Match each Latin word or expression (1-8) with its English equivalent and the
explanation of its use (a-h).

1 ad hoc a thus (used after a word to indicate the original, usually incorrect,

2 et alii (et al.) spelling or grammar in a text)

3 et cetera (etc.) b for example (used before one or more examples are given)

4 exempli gratia (e.g.) c for this purpose (often used as an adjective before a noun)

5 id est (i.e.) d against (abbreviated to 'v.' in case citations, but to 'vs.' in all other

6 per se instances)

7 sic e and others (usually used to shorten a list of people, often a list of

8 versus (vs. or v.) authors, appellants or defendants)

f and other things of the same kind (used to shorten a list of similar
items)
g by itself (often used after a noun to indicate the thing itself)
h that is (used to signal an explanation or paraphrase of a word
preceding it)

9.3 Match each Latin term (1-10) 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

4 per annum present at a board meeting so that it can be validly

5 pro forma conducted

6 pro rata d in fact

7 quorum e of one's own right; able to exercise one's own legal

8 sui Juris rights

9 ultra vires f proportionally

10 videlicet (viz.) g by that very fact itself

h as a matter of form

as follows
beyond the legal powers of a person or a body

~
PART II: ACAREER IN THE LAW
Listening B: Lawyers
10. 1" ~ Listen to this discussion between Javier, a Spanish student taking part in a
university's summer school programme in the UK, and Robert, an English student. Match
the words to describe lawyers (1-5) with the definitions (a-c) and usage notes (d-f).

1 advocate DO 4 lawyer o 0
2 attorney o 0 5 solicitor D O
3 barrister DO
Definitions
a general term for someone whose job is to give advice to people about the law
and speak for them in court
b more specific term for someone who is trained to prepare cases and give advice
on legal subjects and can represent people in lower courts
c more specific term for someone who is qualified to give specialist legal advice
and can argue a case in both higher and lower law courts

Usage notes
d mostly US term
e used in Scottish law
f mostly UK/Australian/Canadian term
10.2 Look up the terms counsel , counsellor and paralegal and their definitions and
usage. Complete this table that Javier drew up after talking to Robert.

Word Definition Sample sentence Usage notes

counsel (ye~l to ~ye lildviu, ~I for tM de.feI'IU conocatio~: ' I~ cowv;e.l' ~ \:?e. w;.ed to
~Iilll,& i~ I~ ~e-Y"'; ar~ tMt w... c-liat WtN? refer to cme. or YI'IOV"e. ~i",te-Y'" f?Wi~
(l'IOl.-WI-l ?1, 1?1,~r wIw fl~", YIQ\"~~. ?1, C<M>e-. otta w;.ed to 0lddV"~ ?1, I ~
~ iv\' coUV"t iV\, COUV"t iV\, 1M 1WV'd pe-Y~v\': '~ ~
pV'~t tM. eYidel'lU'.

counsellor
paralegal

10.3 Another type of lawyer found in many civil-law jurisdictions is called a notary. Below is
a brief comparison of the civil-law notary with its US counterpart, the notary public,
which appeared on the website of a law firm. Complete it using the verbs in the box.

acrrmnister authenticating drafting executes performs

serving take verify

A notary in civil-law systems - notario in Spanish-speaking countries, notaire in French-speaking

countries, symvoulographos in Greece - 1) .. .......... a very different function than does a notary
public in the United States. The civil-law notary is an attorney who has undergone special training
and performs the following three basic functions: 2) ... ......... legal documents such as wills,
contracts and deeds; 3) .... ....... . legal instruments; and 4) .. ...... .... as a public repository of legal
instruments. By contrast, a notary public in the US need not be an attorney. The functions of a US
notary public are basically to 5) ... ...... ... oaths, 6) ...... ...... sworn statements and to 7) ....... .. ... the

identity of a person who 8) .... ........ a legal document.

Unit 1 The practice of law ~

 10.4 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 on the
previous page? 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?
4 What legal services can a notary render in your jurisdiction?

10.5 Combine the nouns in the box with the verbs below (1-6) 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

10.6 Choose three 'verb + noun' pairs from Exercise 10.5 and write sentences using them.
10.7 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 defence government patent practitioner

public sector sole tax trial

Listening C: legaL education

In English-speaking countries, the Bar is a term for the legal profession itself, while a
bar association is the association which regulates the profession. Aperson who qualifies to
practise law is admitted to the Bar; in the US, a law-school graduate must pass the
bar examination.
You are going to hear a German law student speaking to a group of other students at a US
law school. He describes the education and training a law graduate must complete to enter
the legal profession in Germany.
11.1 ~ ~ Listen and decide whether these statements are true or false.
1 In Germany, a student requires a university degree to study law.
2 Attendance is obligatory at the introductory lectures at a German law faculty.
3 German students of law learn to apply the relevant statutes to the cases they
analyse in their coursework.

4 In Germany, the bar examination is administered in two parts.

11.2 Discuss these questions.

1 Is legal education in your country more similar to the US or the German model?
2 What does the speaker mean by 'the Socratic method'? What do you think the
advantages and disadvantages of using this method might be?

 Speaking C: Legal education

Describe the education of a lawyer in your country and include these points.

• Prerequisites for studying law • Bar examination

• Main subjects covered at law school • Student clerkships

Listening D: Law-firm structure

13.1 ~ ~ A young British lawyer, Linus Walker, has applied for a position at a law firm.
Listen to his job interview and answer these questions.

1 What does Mr Nichols say about the atmosphere of the firm?

2 What are the full partners responsible for in the firm?

3 What does Linus say about t he size of the firm ?

13.2~ :: Listen again and complete this organigram of the firm using the words in the box.

Associate Full partners Mr Robertson Paralegal Real Property

Salaried Lawyer

( 1) . , Mr Michaels
l Senior Partners
I
Ms Graham , Mr Nichols
( 2)

3) """
I
" "__ Department

Salaried Partner
Secretary l I

J Debtor-4~r~~it~.~~~~artment Secretary )

, Associate (' -_ _5 )_
""" _ _ _----,-----')
,.-----_ _ _~ I
( 6)
~ ( Paralegal j------l
(
Associate ( Associate )
\ ,' -- - - - - - - - - , - ----'

~
, . - - - - -_____________~ I

( Paralegal ( Paralegal }------J

\
Associate
J

Speaking 0: Describing a law firm

14.1 Loo k at these phrases used by Mr Nichols to describe the firm in Listening D. Which
can be used to speak of a department or company, and which of a person? Which
ca n be used for both?
... is/are headed by ... ... is/are responsible for ...

... is/are assisted by .. . ... is/are in charge of ...

... is/are managed by .. . ... report to ...

14.2 USing the phrases in Exercise 14.1, describe the structu re of a law firm with which
you are familiar or the one just described in Listening D. Refer to the positions and
duties of the personnel.

Unit 1 The practice of law ~

 Listening E: Practice areas
15.1 ~ ~ Listen to five lawyers talking about their firms, practice areas and clients. Tick
the information you hear about each speaker.

Speaker 1 ...
1 has a few years' working experience. 0
2 works as a clerk at a mid-size commercial law firm. 0
3 will get to know other departments of the firm. 0
4 meets with clients regularly. 0
5 plans to specialise in commercial litigation. 0
Speaker 2 ...
1 is a sole practitioner. o
2 works in the area of employment law. o
3 deals with wage disputes. o
4 represents clients in mediation. o
5 has many clients who are small businesses. o
Speaker 3 ...
1 works in the area of secured transactions. 0
2 carries out trade-mark registrations. 0
3 assists clients who are in artistic professions. 0
4 serves as an expert witness in court. 0
5 is a partner in a large IP firm . 0
Speaker 4 ...
1 is a senior partner in a mid-size law firm . 0
2 specialises in competition law. 0
3 represents clients before the employment tribunal. 0
4 deals with infringements of the Competition Act. 0
5 has clients in the telecommunications sector. 0
Speaker 5 ...
1 owns shares in his firm. 0
2 argues cases in court. 0
3 works in the area of real property law. 0
4 represents landlords but not tenants. 0
5 teaches courses on litigation at the law university. 0
15.2 Discuss these questions.
1 Which kind of firm do you work in or would you like to work in?
2 Which areas of the law have you specialised in or would like to specialise in?