English for Lawyers Revision

Put the verbs in brackets into appropriate forms In key respects, the Court___(resemble) a national supreme court. It____(act) as a constitutional court, _____(define) the balance of powers_____(exercise) by the member states and those exercised by the Community institutions. It ___(rule) upon the extent and limits to the powers of the institutions, and ___(maintain) the system of balances between them.

It also ___(act) as a supreme administrative court, ____(review) the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ ___(have) the role of a traditional appellate court.

Key In key respects, the Court resembles a national supreme court. It acts as a constitutional court, defining the balance of powers exercised by the member states and those exercised by the Community institutions. It rules upon the extent and limits to the powers of the institutions, and maintains the system of balances between them.

It also acts as a supreme administrative court, reviewing the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ has had the role of a traditional appellate court.

Fill in the missing words: attitude, Commission, consent, lawyer, marriage, nullity, voidable, Many see a stronger case for including __marriage within divorce even though the Law___, nearly 30 years ago, decided against such recommendation (___of Marriage), giving several reasons in support of this ___. Although the conceptual divide may no longer mean much to the ___, it remains essential to the Christian Church, which attaches particular importance to___as a prerequisite to___.

Key Many see a stronger case for including voidable marriage within divorce even though the Law Commission, nearly 30 years ago, decided against such recommendation (Nullity of Marriage), giving several reasons in support of this attitude. Although the conceptual divide may no longer mean much to the lawyer, it remains essential to the Christian Church, which attaches particular importance to consent as a prerequisite to marriage.

Put the verbs in brackets into the appropriate forms: __ (Back up) the efforts of most of its member states, the Parliamentary Assembly of the Council of Europe ___(take) the initiative of ___(draft) a Protocol to the Convention concerning the abolition of the death penalty. After years of discussions, the now celebrated Protocol No 6 ___(adopt, passive) on 28 March For abolitionist Europe, this __(be) a watershed.

Key Backing up the efforts of most of its member states, the Parliamentary Assembly of the Council of Europe took the initiative of drafting a Protocol to the Convention concerning the abolition of the death penalty. After years of discussions, the now celebrated Protocol No 6 was adopted on 28 March For abolitionist Europe, this was a watershed.

Fill in the missing words: abolished, capital, law, penalty, protocol, reversing “The death penalty shall be__. No one shall be condemned to such ___ or executed” The ___came into force as early as 1985, enabling western Europe to close the door on ___punishment. As it takes precedence over member states’ domestic___, the option of ___their relevant legislation has no longer been available to them since that date.

Key “The death penalty shall be abolished. No one shall be condemned to such penalty or executed” The protocol came into force as early as 1985, enabling western Europe to close the door on capital punishment. As it takes precedence over member states’ domestic law, the option of reversing their relevant legislation has no longer been available to them since that date.

Fill in the missing words: abolition, acceding, Assembly, Council, executions, ratification, Resolution In 1994 the Parliamentary ___ adopted ___1044, linking membership of the ___of Europe to ___ of the death penalty, firstly de facto (obligation for any ___ state to adopt a moratorium on ___) and then de iure (signature, followed by ___of Protocol No 6 within three years).

Key In 1994 the Parliamentary Assembly adopted Resoltuion 1044, linking membership of the Council of Europe to abolition of the death penalty, firstly de facto (obligation for any acceding state to adopt a moratorium on executions) and then de iure (signature, followed by ratification, of Protocol No 6 within three years).

assets, draft, estate, testament A last will and ___is a legal document that declares how an ___or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to ___a will to ensure that their ___are handled in a satisfying way.

Key A last will and testament is a legal document that declares how an estate or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to draft a will to ensure that their assets are handled in a satisfying way.

investments, minor, party, property For those with __children, it is crucial to declare how ___or money will be used to provide for these children. For those with ___or accumulated savings, it is important to state the name a responsible ___ who will manage these funds.

Key For those with minor children, it is crucial to declare how property or money will be used to provide for these children. For those with investments or accumulated savings, it is important to state the name a responsible party who will manage these funds.

beneficiaries, donations, debts, executor Generally, a last will and testament should contain the name of an ___, information relating to one’s burial, payment of any___, any charitable___, bequests to ___and the list of the powers of the executor.

Key Generally, a last will and testament should contain the name of an executor, information relating to one’s burial, payment of any debts, any charitable donations, bequests to beneficiaries and the list of the powers of the executor

revokes, testator, validity, will witnesses Additionally, a will must be typed or printed, signed by the maker, or ___and signed by ___who can attest to the ___ of the document. A __must state that the testator ___any previous wills or amendments to such previous wills.

Key Additionally, a will must be typed or printed, signed by the maker, or testator, and signed by witnesses who can attest to the validity of the document. A will must state that the testator revokes any previous wills or amendments to such previous wills.

capacity, demonstrate duress, testator The ___must demonstrate that the document was not created under ___or provocation. In other words, the testator must ___that the will was created willingly and freely by an individual with the mental___ to do so.

Key The testator must demonstrate that the document was not created under duress or provocation. In other words, the testator must demonstrate that the will was created willingly and freely by an individual with the mental capacity to do so.

beneficiaries, debts, executing, party, probate The will must name the ___or parties responsible for ___ the document under the supervision of the ___court. The will should name any ___and their entitlements. In addition, the will should explain how any outstanding ___will be paid.

Key The will must name the party or parties responsible for executing the document under the supervision of the probate court. The will should name any beneficiaries and their entitlements. In addition, the will should explain how any outstanding debts will be paid.

Conventional, Nations, Public, signatories, sovereignty, Treaties, ___International Law derives its authority from three main sources. 1. __and international conventions are written agreements concluded by two or more sovereign__ or by a nation and an international organization, such as the European Union. The power to enter into treaty relations is an essential attribute of ___. There is a cardinal principle of international law that treaties validly concluded must not be broken by the__. This source is also known as __international law.

Key Public International Law derives its authority from three main sources. 1. Treaties and international conventions are written agreements concluded by two or more sovereign nations or by a nation and an international organization, such as the European Union. The power to enter into treaty relations is an essential attribute of sovereignty. There is a cardinal principle of international law that treaties validly concluded must not be broken by the signatories. This source is also known as conventional international law.

Put the verbs in brackets into the appropriate forms: 2. International agreements or conventions create law for the parties of the agreement. They may also lead to the creation of international law when they ___(intend, passive) for adherence generally and __widely __(accept, passive). Treaties and conventions ___, at first, ___(restrict, passive) in their effects to those countries that __(ratify) them. They are particular, not general, international law; yet regulations and procedures ___(contain) in treaties and conventions __ often __(develop) into general customary usage, that is, have come to be considered binding even on those states that did not sign and ratify them. Some customs may become part of international law because of general acceptance by most nations, even if not ___(embody) in a written treaty instrument.

Key. International agreements or conventions create law for the parties of the agreement. They may also lead to the creation of customary international law when they are intended for adherence generally and are in fact widely accepted. Treaties and conventions were, at first, restricted in their effects to those countries that ratified them. They are particular, not general, international law; yet regulations and procedures contained in treaties and conventions have often developed into general customary usage, that is, have come to be considered binding even on those states that did not sign and ratify them. Some customs may become part of international law because of general acceptance by most nations, even if not embodied in a written treaty instrument.

Customs, law, principles, source General __common to systems of national __ fall into the same category and are, in fact, often difficult to distinguish from __as a __of international law.

Key General principles common to systems of national law fall into the same category and are, in fact, often difficult to distinguish from customs as a source of international law.

Match the following words with their definitions: convention, sovereign, conclude, binding, treaty, usage, custom, regulation, adherence, ratify, instrument A) the customary method of performing or carrying out an activity that is followed by a particular group of people B) to give formal approval to something in order that it can become law C) self-governing and not ruled by another state D) rule E) legally required F) the action of following a rule or keeping to an agreement G) legally binding agreement between states sponsored by an international organization

convention, sovereign, conclude, bidning, treaty, usage, custom, regulation, adherence, ratify, instrument H) legally binding agreement between two or more states i) a formal legal document J) a long established tradition or usage that becomes customary law if it is: a)consistently and regularly observed and b) recognized by those states observing it as a practice that they must follow K) to make a formal agreement complete and fixed, especially after long discussions or arrangements

Convention: legally binding agreement between states sponsored by an international organization Sovereign: self.-governing and not ruled by another state Conclude: to make a formal agreement complete and fixed, especially after long discussions or arrangements

Binding: legally required Treaty: legally binding agreement between two or more states Usage: the customary method of performing or carrying out an activity that is followed by a particular group of people

Custom: a long established tradition or usage that becomes customary law if it is a) consistently and regularly observed and b)recognized by those states observing it as a practice that they must follow Regulation: rule Adherence: the action of following a rule or keeping to an agreement

Ratify: to give formal approval to something in order that it can become law Instrument: a formal legal document

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas _____of the inherent dignity and of the equal and inalienable rights of all members of the human family is the _____ of freedom, justice and peace in the world,

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the ___ of mankind, and the advent of a world in which human beings shall enjoy ___ of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the __ of law, Whereas it is essential to promote the ____ of friendly relations between nations,

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better ___of life in larger freedom,

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the ___ of universal respect for and ___ of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full ___ of this pledge,

Key Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Key Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Key Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore, The General Assembly Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations…..

Fill in the missing words: binding, cases, court, interpretation, preliminary, refer A reference for a __ruling allows the courts and tribunals of the Member States, in __which have been brought before them, to __questions to the Court of Justice about the __ of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national __or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly ___ on other national courts or tribunals before which a similar issue is raised.

Key A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which have been brought before them, to refer questions to the Court of Justice about the interpretation of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.

Supply the appropriate term To bring a charge against, to accuse formally Indict Unlawful killing of another with malice aforethought, express or implied murder

Supply the missing terms Unlawful killing of another without malice aforethought Manslaughter Malicious burning of another’s property Arson The act of breaking into a building illegally with intent to steal burglary

Supply the missing terms The contracting of a second marriage wilfully and with the knowledge that a previous marriage is not yet undissolved Bigamy An unalwful threat to injure another person assault

Supply the missing terms False swearing or wilful breach of oath Perjury Irreverence toward something considered sacred or held in high regard Blasphemy An act of deception or trickery fraud A definite judgement pronounced in a civil or criminal proceedings sentence

Supply the missing terms A writ issued by a competent authority for somebody’s arrest Warrant A written order issued on the authority of the court Writ The promotion of acts of public disorder against the lawful government sedition

Supply the missing terms A disturbance of the peace by three or more persons assembling together of their own authority Riot Urging another person to commit a crime Incitement An act of stealing by using force robbery

Supply the missing terms A wilful act or omission causing death of a child being under the age of twelve months infanticide the unlawful beating of another Battery The attempt to get money by threatening to expose defamatory information blackmail

Supply the missing terms The making of a false document in order that it may be used as genuine Forgery The party by whom criminal proceedings are instituted or conducted Prosecution Freedom from any charge or obligation to which others are subject; immunity exemption

Supply the missing terms Punishment by death Capital punishment The defence available where the accused was suffering from such abnormality of mind as to substantially reduce his mental responsibility in doing, or being party to, a crime Diminished responsibility

Supply the missing terms To prevent from acting by fear; to discourage Deter To exact satisfaction for a wrong by punishing the wrongdoer; to take vengeance avenge

Supply the missing terms A sentence of imprisonment for the remaining portion of the convict’s life; the longest possible sentence Life sentence To hold or keep in custody Detain Murder that, according to the law, can be punished by death Capital murder

Supply the missing terms A declaration that a marriage was never legally valid Annulment Relationship by blood Consanguinity Without legal force; null void

Supply the missing terms An impediment; something that serves as a barrier Bar Full age Majority Not restrained or limited unfettered

Supply the appropriate term Rights and responsibilities that parents have in relation to a child Custody Pressure, especially actual or threatened physical force, put on a person to act in a particular way duress

Supply the appropriate term Leaving a wife or husband Desertion Married person, a husband or wife Spouse Parties to a contract Contracting parties

Supply the appropriate term A document by which a person appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed Will The property of a deceased person Estate One who is left something in a will Beneficiary One who makes a will Testator

Supply the missing terms Infraction or violation of a law Breach of law To assert a legal right Claim The right to be independent Self-determination

Supply the appropriate term An officer of the European Court of Justice who summarizes and presents a case to the judges and assists them in coming to a decision Advocate General To give judgment, to decide a legal problem adjudicate

Supply the translation equivalent Podnositelj zahtjeva za razvod braka Petitioner Tuženi supružnik (u brakorazvodnoj parnici) Respondent Tužbeni zahtjev petition

Translate: Like any other contract, marriage can be avoided, varied or terminated in certain circumstances. But marriage is not like other contracts known to the law: the rules governing marriage are not determined by the contracting parties, but by the law of the land.

The parties cannot agree on the rules governing the formation of the contract, since these are laid down by law, nor can they agree on what is to amount to a breach of the contract, nor what compensation shall be paid for any such breach, nor how the contract may be brought to an end.