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Example 2: A legal-academic term Sample 10-slide Student PowerPoint Presentation of a legal term selected for research in the Legal Vocabulary Database.

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Presentation on theme: "Example 2: A legal-academic term Sample 10-slide Student PowerPoint Presentation of a legal term selected for research in the Legal Vocabulary Database."— Presentation transcript:

1 Example 2: A legal-academic term Sample 10-slide Student PowerPoint Presentation of a legal term selected for research in the Legal Vocabulary Database and Concordancer at April, 2006 - This offers a more elaborate example of what students can produce [a max. of 10 slides is your target, so make each slide count!] Legal English Usage Research: /determin*/

2 Vocabulary item: determine Meaning: To decide or settle (a dispute, for example) conclusively and authoritatively. To end or decide, as by judicial action. Different forms: Verb [transitive] : determine Past participle: determined Adjective & Present participle: determining Noun: determination

3 Verb: determine 1. Modal forms Sb + can/could/will/would/may/must determine [+ whether + issue] [Ordinance…] Sb + shall/may [not] determine E.g.s: who/what may determine what The court/judge + modal/infinitive + to/ + determine…. + [obj.] …e.g.: the standard + of care [poss. + to which D will be held] or the criteria by which sth is judged… or the circumstances in which D did X

4 Verb: determine (word before) is important that one should determine the course of employment of ted to the court. In order to determine whether or not the defendants general principle, would determine whether the particular damagedetermine otherwise they could determine liability in murder on the basis interim injunction could well determine the outcome of the entire prodetermine Example: No doubt in particular cases it may be relevant to consider whether a particular plaintiff was or was not a trespasser. Similarly, when, as I shall indicate, it is important that one should determine the course of employment of the servant, the law of agency may have some marginal relevance. But basically, as I understand it, the employer is made vicariously liable for the tort of his employee not only…. From: law/VicariousLiability/76RosevPlenty.txt

5 Verb: determine 2. Adj. + Infinitive forms Sth is + (any adjective) + to determine… or It is + (any adjective) + to determine + Sth E.g.s It is + difficult/ impossible/ easy/ available/ reasonable/ necessary/ relevant + to determine sth. Collocations [word after] …to determine liability/standard of care/the extent …to determine responsibility/ reasonableness … to determine + whether or not + sth is + verb …to determine whether + plaintiff/ defendant/ person + is… to determine the question/scope of duty….

6 Verb: (to) determine (Collocations: word after) The court had to determine the question of liability. it was necessary to determine, the extent, if any, ofto determine where it is impossible to determine the appropriate standard ofto determine to the court. In order to determine whether or not thedetermine was negligent, it is relevant to determine whether any reasonabledetermine Example: 'To determine whether an act is negligent, it is relevant to determine whether any reasonable person would foresee that the act would cause damage; if he would not, the act is not negligent... Once the act is negligent, the fact that its exact operation was not foreseen is immaterial.’ From: Law/Cases/TypeofHarm/NervousShockCases/42Bourhill v Young.txt

7 Past participle: (to be) determined Collocations: The question/problem + to be + determined + is + whether or not + a noun (e.g. person/plaintiff/defendant) + is + verb. Example: 'The question to be determined is whether the defendant owed the plaintiff a duty to exercise reasonable care to avoid causing the plaintiff psychiatric injury.’ From: 94 McFarlane v EECaledonia.txt

8 Present participle: determining Collocations: The standard/ test/ criterion + for + determining + liability/ negligence/ culpability/ compensation + is + sth… It is + a/an essential/important/relevant + factor/element/ + in/for the purpose of + determining + whether or not + sth is + verb. Example: ‘Vasta J held that the claimant's psychiatric illness was reasonably foreseeable but that this was not the sole test for determining liability for negligence.’ from: Cases/TypeofHarm/NervousShockCases/00Greatorex v Greatorex.txt Present participle as Adjective Sth + must/should/ be + the determining + factor/element + in + such circumstances.

9 Noun: determination Meaning: The settling of a question or case by an authoritative decision or pronouncement, especially by a judicial body) The question/issue(s) + (that) arise(s)/ for determination –+ by + the noun (e.g. court/judge) –+ is whether [see e.g. in next slide] For the determination of + sth (e.g. the present appeal/liability/the issue/the appropriate standard of care)

10 Noun: determination he important point of law for determination by the court in this case todetermination upon in each of these cases for determination by a trial judge. I turn todetermination My Lords, the sole question for determination in this case is legal:…determination it would be dependent upon the determination of facts. Thus had thedetermination foreseeability has any place in the determination of liability for damage er than was necessary for the determination of the particular issues ms than are necessary for the determination of the present appeal.determination Example: “The question for determination in this appeal is whether an action for damages is an appropriate vehicle for investigating the efficiency of a police force. The present action will be confined to narrow albeit perplexing questions, for example whether, discounting hindsight, it should have been obvious to a senior police officer that Sutcliffe was a prime suspect …” Text from: Law/Cases/Duty-ProximityCases/88Hill v CCWestYorkshire.txt


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