Business Lesson 5
New Vocabulary
юрист, адвокат
to practise
адвокат, имеющий право выступать в высших судах
law firm
юридическая фирма
адвокат, юрист
training contract
договор о профессиональном обучении; практика
acting for
действующий в интересах
квалифицированный, компетентный
legal practice
юридическая практика
представлять (напр. компанию)
судебный процесс, судебное разбирательство
защита в суде, деятельность адвоката
pleading a case
защищать дело
right of audience
право выступать в суде
показываться, появляться
адвокат, юрисконсульт
criminal law
уголовное право/закон
civil law
гражданское право
a matter
дело (вопрос)
a will
to steal
воровать, красть
law of tort
деликтное право
деликт, гражданское правонарушение
Убытки, ущерб
duty of care
надлежащим образом выполнять профессиональные обязанности
преданный, приверженный
to sue
подавать в суд, предъявлять иск
основания, доводы, мотивы
небрежность, халатность
no win no fee
нет результата - нет гонорара
нарушение закона
liquidated damages
заранее оцененные убытки, неустойка
stipulated damages
оговоренные убытки
special damages
реальные, фактические убытки, определяемые особыми обстоятельствами дела
reliance damages
упущенная выгода
consequential damages
косвенные убытки
specific performance
реальное исполнение договора
незаконный, нелегальный
juvenile court
суд по делам несовершеннолетних
trial court
суд первой инстанции
Court of Appeals
апелляционный суд
Federal Courts
федеральные суды
Practise new vocabulary on Quizlet
Read the following article and practise new words and expressions
Working in law
There are two types of lawyer who practise in England. They are called barristers and solicitors . In the USA and most other countries, lawyers don't make this distinction – a lawyer is simply known as an attorney-at-law, or an attorney.

In both England and the USA, it is not possible to take a special exam to be a judge. If you decide that you want to be a judge, you must get a lot of experience as a lawyer first, then apply to be a judge and wait to see if you are chosen.

Most law students in England become solicitors. When they finish their university studies they do a one-year legal practice course and then a two-year training contract with a law firm. After that, they are qualified solicitors. Many solicitors work for a legal practice, which is usually a partnership of solicitors who work together. Solicitors practise in many area s of law, although each solicitor usually chooses to specialise in one particular area. They represent their clients both in and out of court. We often describe this as acting for a client. The process of making a claim in the civil court is called litigation.

Barristers are usually self-employed lawyers but can work in partnerships in the way that solicitors do. They are specialists in advocacy, which is the skill of speaking for someone in court. We call this pleading a case. They also give opinions on areas of law to solicitors and the solicitors' clients. It is not just barristers who have the right of audience in court. Solicitors are also allowed to represent their clients in court and many solicitors appear in court every day. It is not true to say that a client always needs a barrister in court.
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A lawyer, Andrew, is going on holiday and is handing over some cases to a colleague while he is away. He is discussing one case with another colleague, Janet. Listen.
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In 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 law of tort
The law of tort says that everyone has a civil duty to be careful and not to hurt or harm another person. Lawyers call this civil duty 'the duty of care'. Sometimes people breach this duty of care. To breach means to break. Very often they breach the duty of care by accident but sometimes they do it deliberately. If someone hurts or harms another person because of a breach, we call this harmful action a tort. This means that some things that might be criminal in your legal system are a tort in England and the USA.

Look at the list of harmful actions below. In England and the USA they are usually torts.

  • Leaving the floor of a shop in a dangerous condition so that a customer falls and hurts her leg.
  • Saying something that is bad about someone, which isn't true.
  • Writing a negative story in a newspaper about someone, which isn't true.
  • Playing loud music late every night, which disturbs your neighbours.

This area of law is easier to understand by thinking of a tort as being a type of civil wrong. Each of the torts listed above has a special name. The tort that happens most often is called negligence .Negligence is when someone is not careful enough and this person's carelessness hurts another person as a result. The person who is hurt is called the injured person.

When someone hurts you as a result of his or her actions, you need to consult a lawyer who specialises in the right area of tort. The lawyer will try to get you money from the careless person. This money is called 'compensation' or, more correctly, 'damages'. Sometimes the lawyers can't agree on the amount of damages. When this happens, the injured person may decide to sue the person who has hurt them. Suing someone is a more informal way of saying starting proceedings against someone in a civil court. The claim form will state the claimant's allegations against the defendant. An allegation is like an accusation. The claimant is stating that something happened, but the defendant has the opportunity to say that this is not true. The reasons for going to court are called 'the grounds'. The grounds for an action in tort are that the defendant committed a tort.

Sometimes a lawyer who specialises in the tort of negligence makes an agreement with a client. The agreement is that if the client does not win the case then he or she does not have to pay for the lawyer's services. This is called a 'no win no fee ' arrangement. It is allowed in the UK and the USA
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Listen to the dialogue and answer the questions.
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Watch the video and answer the questions
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Your homework is to write the summary of this topic, minimum 15 sentences, using new words and expressions
Write your own beautiful success story!
Translate the following sentences into English
the first set is mandatory
Compare your answers to the answer key
Answers to the text 1 questions part 1
  1. There are two types of lawyer practising in England. TRUE
  2. Last year I finished my training contract and I started working for a large international law firm. I am now a qualified solicitor. TRUE
  3. Only barristers can speak on behalf of clients in court. FALSE
  4. Both solicitors and barristers can work together in partnerships. TRUE
  5. In the USA and England lawyers can take a special exam to be a judge. FALSE
Answers to the text 1 questions part 2
  1. civil
  2. civil
  3. criminal
  4. civil
  5. criminal
Audio 1 answer key
  1. Jupiter Electronics.
  2. Selling electrical goods.
  3. Baker Retail, Appliance Zone, CoolPlaces.
  4. A chain of department stores, a national manufacturer, a distributor
  5. They conspired either not to sell to the client or to do so only at discriminatory prices and unfavourable terms.
  6. That it was a justified action — Jupiter Electronics could charge more, as its branches are open 24 hours.
Audio 1 tapescript
Andrew: Janet, while I'm away,I'm handing over my cases to Sylvia. But I'd like to run through a couple of them with you so you've got the background too, just in case she has any problems.

Janet: Good thinking. Have you filled in a legal elements chart for her? It usually makes things a lot clearer.

A: Yeah. Here it is. It's mostly complete. I just need to fill in a few more facts and figures.

J: OK.

A: Right. Our client is Jupiter Electronics, a small retail chain they've been in business for twenty years. They sell radios, televisions, refrigerators and household appliances. Baker Retail is a chain of department stores. Appliance Zone is a national manufacturer, and Cool Places are their distributor. Jupiter Electronics is suing all of them. They're saying that BakerRetail and the manufacturers and distributor conspired among themselves either not to sell to our client or to do so only at discriminatory prices and highly unfavourable terms. Apparently, they told Jupiter earlier this year that they would sell TVs to him at twenty per cent over the price they were selling to other distributors, and they offered him refrigerators at forty per cent over the cost to others ... and they justified it on the basis that his chain is open twenty-four hours and that therefore he could sell the goods on at a higher price!

A: But fixing the prices at twenty and forty per cent over the cost to others is in breach of Sections 1 and 2 of the Sherman Act.

J: Yep, absolutely. Section 1 of Sherman makes any contract or conspiracy illegal if it's in restraint of trade, and Section 2 forbids monopolization of interstate commerce. Um, OK, more details. Our client's manager, James Hull, phoned the manufacturers, Appliance Zone, three times in the week of the twenty-fifth of May and spoke to the managing director, asking him to reconsider the position. Mr Hullal so called Cool Places five times in the week of the twenty-ninth ofJune for the same reason.

A: So, what are Baker Retail, Appliance Zone and CoolPlaces saying?

J: Well, their defence is that there are hundreds of other retailers selling the same and competing appliances in the same community. They are going to contend that the controversy is purely a private quarrel between our client and the chain of department stores, and that this does not amount to a 'public wrong' as is proscribed by the ShermanAct.

A: A private quarrel! That's ridiculous.

J: Exactly! The volume of the correspondence shows a lot more than a private quarrel. There are letters going back over five years on this. And the number ofletters and the tone and the language reinforce this. I mean, one letter states that our client 'is such a small merchant and his business is so small that if his business goes under, it will have no effect on the economy, and therefore the Competition Acts don't apply to him'!

A: Well, I suppose that's one argument! I suppose so! In addition to this, they all deny that they refused to supply Jupiter with the Zoony range. Um, as you know, this range is really big, and they sell it to other outlets in the community, but Jupiter says that they won't sell or supply to them. Jupiter has written about ten times asking them for terms and supplies of certain three-eight-oh models of TVs. The defence's lawyers are arguing that the public is not affected by all this, but we need to show that this is a type of public harm. The defendant has no defence, and this is a clear attempt to monopolize.

A: Well, the facts as you present them seem to point towards a conspiracy in restraint of trade, a combination of monopolizing or trying to monopolize interstate commerce, the creation of a monopoly and public harm, all forbidden by the ShermanAct.

J: Yes —I think our client has quite a good case, really.
Answers to the text 2
  1. Lawyers say to breach a duty of care.
  2. In England and the USA the law of tort is an area of civil law.
  3. A tort is a type of civil wrong.
  4. The name of this tort is negligence.
  5. Suing means starting proceedings against someone in a civil court.
  6. The correct name for this money is damages.
  7. The correct name for this arrangement is a no win - no fee arrangement.
Audio 2 answer key
  1. liquidated damages and stipulated damages
  2. special damages
  3. reliance damages
  4. consequential damages
  5. specific performance
Audio 2 tapescript
Pavla: Stefan, I missed the second part of the lecture on damages. Could you go through it with me?

Stefan: No problem, Pavla — it's quite straight forward. It was just clarifying the different types of damages. Firstly, the lecturer talked about liquidated damages, which you get when the contract states a fixed amount of damages in case of a breach. These are also called 'stipulated damages'. This means that if anything goes wrong, then the amount stated is all that the parties can get. OK so far?

P: Yep. Got that.

S: OK. He went on to talk about special damages. This is when the damages can be vouched.

P: You've lost me. "Vouched'?

S: That's when they can be proved in court. I imagine the party would need receipts to be able to prove the expense.

P: OK. I get you.

S: Then there's reliance damages, where the injured party has to show that they had suffered a loss by relying on the contract and that this needs to be compensated. OK?

P: Right. Is that it?

S: Nearly there! He also talked about consequential damages. In some jurisdictions, it's the same thing as special damages, but basically they relate more to the type of breach and don't have such limited vouching restrictions.

P: Sounds a bit confusing!

S: Mm, you bet! And then there's specific performance. This is essentially where the court orders the breaching party to complete the contract.It's a common-law remedy available in equity, so the rules of equity apply. It's a type of injunction where the court orders something to be completed.

P: And equity is ...?

S: Right. Equity is a special branch of common law where certain conditions have to be fulfilled before the remedy can be given, but that's another story!
Video answer key
  1. Illegal
  2. Civil
  3. People who violate criminal laws are more of a threat to public order
  4. The government
  5. You'd have to pay your neighbor for the damages
  6. In a trial court, many cases are decided by juries; all supreme court cases are decided by judges
  7. Prosecuting attorneys will stop at nothing to convict defendants
  8. A civil case that hinges on an interpretation of the First Amendment
  9. After you were convicted in a criminal case
  10. A contract dispute between an Iowa company and an Illinois company
The first set
  1. Unfortunately, he is now unable to PRACTISE even under temporary registration.
  2. Trainees can either enrol on a basic course, or start in an enterprise with which they have a TRAINING CONTRACT.
  3. We've decided you shouldn't REPRESENT yourselves.
  4. As Deputy Attorney General, had preferential RIGHT OF AUDIENCE in all courts and tribunals in Pakistan.
  5. The civil laws are based on Egyptian CIVIL LAW.
  6. And you'll be punished for your CARELESSNESS in the morning.
  7. I don't really want to SUE.
  8. It's not a BREACH, but it can't be good.
  9. In other words, recovery for CONSEQUENTIAL DAMAGES should be permitted only if expressly agreed by the parties.
  10. He agreed that ILLEGAL migration should be curbed.
The second set
  1. The case now goes back to the TRIAL COURT for further proceedings.
  2. Your LAWYER said you had kids.
  3. The JUDGE ordered that he never be released.
  4. So without Parker, we should discuss my PARTNERSHIP.
  5. We SPECIALISE in medical placements, as you know.
  6. Existing CRIMINAL LAW should be modified where necessary.
  7. I taught a number of subjects, including the LAW OF TORTS, property law and international law.
  8. He admits Alys was there, so we have GROUNDS.
  9. But these 'NO WIN NO FEE' lawyers, they're like attack dogs.
  10. The application for SPECIFIC PERFOMANCE is denied.
The third set
  1. The second DEFENDANT was incorporated in the PRC.
  2. THE FEDERAL COURTS of Justice have been informed likewise.
  3. Finnegan mentioned you were a BARRISTER.
  4. Guess that means I'm more QUALIFIED.
  5. Education: Arts and Law (London); ADVOCACY (Sri Lanka).
  6. Also, the detainee was not allowed to choose a lawyer, and a duty SOLICITOR was assigned to him/her.
  7. She might not even have a WILL.
  8. So, you see... if anyone should be arrested for NEGLIGENCE it's Chief O'Brien.
  9. He's the sort of man who wouldn't FORBID me anything.
  10. There is a JUVENILE COURT only in Lomé.
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