KSIAZKA ANg.pdf

THE

LAWYER’S

ENGLISH

LANGUAGE

COURSEBOOK

t hr i n son

GLOBAL LEGAL ENGL I SH LTD

CONTENTS

1A The Legal Profession

3A The Language of Contract Law

Working in law

A contract case

Making a claim in the civil court

More about precedent

Areas of law

The elements of a contract

Vocabulary check

The end of an offer

Toles Foundation exam practice

What is consideration?

Contract and statute

Reading contract law

1B The Legal Profession

Going to court

The importance of collocations

Vocabulary check

The importance of prepositions

TOLES Foundation exam practice

Solicitors and barristers

Areas of law

3B The Language of Contract Law

The register of letter writing

Using your knowledge

Where does contract law come from?

TOLES Higher exam practice

Reading a statute

The elements of a contract

Published in England by Global Legal English Ltd.

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England

Email: info@toles.co.uk

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Reading a contract case

100

2A The Language of Banking

Offer and acceptance

102

A new bank account

Consideration

104

Working in a bank

Contract law in practice

107

Loans

Starting a claim for breach of contract

110

Vocabulary check

Using your knowledge

112

TOLES Foundation exam practice

TOLES Higher exam practice

114

ISBN: 978-0-954-0714-6-2

2B The Language of Banking

4A The Language of Employment Law 119

A bank account

Catherine Mason is identified as the author of this work in accordance with the Copyright, Designs and

Patents Act 1988

Being an employer

119

An email from the bank

An employment contract

122

The language of contract

How can an employment contract end?

126

transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or

otherwise, without either the prior written permission of the publisher or a licence permitting restricted

copying in the United Kingdom issued by the Copyright Licensing Agency Ltd, of 90 Tottenham Court Road,

London, W1T 4LP

The register of letter writing

Acting for an employee

128

Using your knowledge

Acting for an employer

130

TOLES Higher exam practice

An employment case

132

Vocabulary check

133

British Library Cataloguing-in-Publication Data

TOLES Foundation exam practice

134

A catalogue record for this book is available from the British Library

Printed in England

4B The Language of Employment Law 137

6B Understanding Contracts (1)

Modern Letter Writing

10A Understanding Contracts (2)

215

293

371

Finding a job

137

The different parts of a written contract

215

The layout of a letter

293

Some more typical contract clauses

371

Working in employment law

140

Parties and recitals

216

Dates

294

Some important commercial vocabulary

373

Some clauses from an employment

contract

Defined terms

219

Salutations

296

Termination clauses

375

144

The key obligations

223

Complimentary close

298

Intellectual property clauses

377

An employment tribunal

147

Delivery of goods and services

230

References

299

Retention of title clauses

379

An employment claim

151

Using your knowledge

235

Subject lines

300

Warranty, indemnity and force

majeure clauses

Using your knowledge

155

380

TOLES Higher exam practice

237

The body of a letter

302

TOLES Higher exam practice

157

More about force majeure clauses

382

Putting a letter together

303

Vocabulary check

385

The register of letter writing

304

7A The Language of Business Law

239

TOLES Foundation exam practice

386

5A The Language of the Law of Tort

The content of the letter

308

161

Sole traders

239

Typical sentences in legal letters

309

What is the law of tort?

161

Partnerships

242

10B Understanding Contracts (2)

Letter writing clinic

311

389

Types of tort

163

A partnership agreement

246

Correcting common mistakes in

letter writing

The duty of care

165

Risk and title

389

Limited liability partnerships

248

315

More about negligence

167

Intellectual property and confidential

information

Companies

249

TOLES Higher exam practice

323

394

A famous case in English law

168

Public and private limited companies

253

Warranties and indemnities

399

Vocabulary check

170

Incorporating a company

256

9A The Language of Company Law

327

Term and termination

404

TOLES Foundation exam practice

171

Vocabulary check

259

Force majeure

408

Who runs a company?

327

TOLES Foundation exam practice

260

Using your knowledge

410

Areas of company law

329

5B The Language of the Law of Tort

175

TOLES Higher exam practice

412

Directors

331

7B The Language of Business Law

263

An introduction to the law of tort

175

Company meetings

333

What is tortious liability?

177

Incorporated and unincorporated businesses 263

Sole traders

Company finance – a case study

337

Answer Key

415

Some categories of tort

180

265

Closing a company

339

Answers

415

The tort of negligence

182

Partnerships

266

Insolvent companies

342

Audio transcripts

443

The most famous tort case

184

The language of drafting

268

Vocabulary check

344

Using your knowledge

186

The register of letter writing

272

TOLES Foundation Exam Practice

345

TOLES Higher exam practice

188

Companies

274

Incorporating a company

276

9B The Language of Company Law

349

6A Understanding Contracts (1)

Paperwork

278

193

People connected with a company

349

Shares and share capital

282

The style of written contracts

193

Working in company law

350

Limited liability partnerships

283

Understanding formal expressions

195

Directors

352

The language of drafting

284

Understanding technical words

199

Company meetings

356

Using your knowledge

286

Understanding archaic terms

201

Insolvency

359

TOLES Higher exam practice

288

Understanding some common words

204

Who gets the assets?

Using your knowledge

The structure of a contract

207

364

Vocabulary check

210

TOLES Higher exam practice

366

TOLES Foundation exam practice

212

PREFACE

We know that as a legal professional today, you need up-to-date and accurate legal

English in order to meet the challenges of work. This is because:

you have to deal with English-speaking clients and lawyers more than any

previous generation of lawyers

Acknowledgements

The publishers and authors would like to thank the Employment Tribunals Service for permission to

reproduce the Claims Process Summary.

you are often expected to interpret or amend long commercial contracts

drafted in English

you receive letters and emails written in English on a daily basis

Publisher’s note

Legal English is a different language from general English. Just as lawyers in your own

country 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 are

often centuries old and no longer commonly used in general English. New prepositions

need 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 office

N1 Claim form (CPR Part7)

Contracts (Rights of Third Parties) Act 1999

The Lawyer’s English Language Coursebook was written for legal professionals such as

you, with your needs at the heart of the book, and it gives you the material you need

to study in an efficient and effective way. It is based upon our many years’ experience

of teaching and working with lawyers, law students and legal translators from around

the world. We are convinced that this book is the best study material available to you if

you want to be professional and accurate in all you do in English at work.

The Unfair Contract Terms Act 1977

Balfour v Balfour (1919) Court of Appeal

This coursebook is intended to be a complete course of preparation for the TOLES

Foundation and Higher exams in legal English. We recommend that anyone planning

to take the TOLES Advanced exam should use this book too, as the material in it is

fundamental to any lawyers’ English language skills. Even if you do not intend to take a

legal English exam, you can use this book as a complete course of self-study for legal

English and it is recommended to anyone who needs to use legal English at work.

Cover image

Martin Barraud/200154574-002/Getty Images

Interior images

Peter Sherrard/AB23988/Getty Images

Photodisc/E000159/Getty Images

Each of the ten units is divided into section A (Foundation) and section B (Higher). We

recommend that everyone should complete section A of each unit, to be sure from the

start that you are familiar with the legal vocabulary it contains and are accurate in

what you are doing. When you are confident that you know the material contained in

section A of each unit, you can proceed to build on your skills by completing the more

complex exercises in section B. Each unit also contains some practice exercises for the

TOLES exams.

Simon Battensby/200376391/Getty Images

Suzanne & Nick Geary/BC9729-001/Getty Images

John Foxx/71019301/Getty Images

John Foxx/71042734/Getty Images

Antonio M Rosario/72797149/Getty Images

You will see that the book contains boxes, clearly marked with a symbol . These

boxes 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 memorise

this information you will see a spectacular improvement in your legal English. We

believe that no particular book or computer programme can ever be a substitute for

old-fashioned hard work.

Robert Clare/200368565-001/Getty Images

Lambert/Archive Photos/JK7237-001/Getty Images

72724417/Getty Images

While every care has been taken to establish and acknowledge copyright and to contact the copyright

owners, 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 quality

and accuracy to your legal English skills.

Catherine Mason

Cambridge 2011

This book is an English language teaching and studying resource. It is not intended to be used as a source

of legal information or advice.

Please note that The Companies Act, 2006 significantly changed the law and the documentation relating

to companies. However, working legal professionals need to be familiar with the language of the old

documentation as well as the new. For this reason, this book contains examples of both.

THE LEGAL PROFESSION

WORKING IN LAW

Exercise 1

Look at this list of legal occupations. All of these people work in law. We call all of the people who work

in these jobs ‘the legal profession’. Match the jobs with one of the descriptions.

Solicitor

Attorney

Barrister

Lawyer

This person is a lawyer who gives legal advice and opinions to solicitors. He or she passed the

exams of The Bar Council at the end of his or her studies.

This person is a lawyer who gives legal advice to individuals and companies. He or she passed his

or her exams in the USA at the end of his or her studies and is usually a member of the American

Bar Association.

This person is a lawyer who gives legal advice to individuals and companies. He or she passed the

exams of The Law Society of England & Wales at the end of his or her studies.

This is the general job title that we use for people who work as a solicitor, barrister or attorney.

Exercise 2

Read this text about working in law. The most important words are in the key vocabulary below. Decide if

the statements on the next page are true or false.

The Legal Profession

Unit 1A/Foundation

Key vocabulary

lawyer

practise

barristers

law firm

attorney

judge

training contract

acting for

qualified

legal practice

partnership

represent

litigation

advocacy

pleading a case

specialise

right of audience

appear

solicitors

clients

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 .

who work together. Solicitors practise in many areas

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 .

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.

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.

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

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