Key Concepts in Criminal, Corporate, and Commercial Law

Criminal Offences and Legal Procedures

TEMA 4:

Common Categories of Criminal Offence:

  1. Offences against the person
  2. Offences against property
  3. Public-order crimes
  4. Business (or corporate) crimes

// Commit a crime; Resolve a dispute; Bring a suit; Render a verdict; Sentence an offender (delincuente); Suspend a sentence //

True or False:

  • The case was heard before the European Court of Justice: False
  • Mr. Mohammed was sentenced to imprisonment for his crime: False
  • The defendant was not at all responsible for the audit of the company: False
  • He knew about the progress of the planned sale: True
  1. Secret information: Confidential
  2. To buy shares: Purchase
  3. Suggested deal: Proposed
  4. The tribunal decided: Held
  5. Market abuse laws: Provisions

Company Law and Corporate Governance

TEMA 5:

True or False:

  • Under the law, a company…: True
  • Company members are generally not…: True
  • A certificate of incorporation is issued…: True
  • The memorandum of association of…: False
  1. A legal person has rights…
  2. The board of directors manages the affairs of the company and makes company policy.
  3. A company can own property, enter into contracts, and sue other persons.
  4. A shareholder invests money by buying shares in a company.
  5. A company director serves on the governing board of a corporation.
  6. A creditor of a company is a person or entity to whom the company owes a debt.
  7. Regulators monitor the activities of companies to ensure that they comply with the law.

// Inter alia: among other things; Funding: Raising money to pay for a business or business idea; Winding up: Process of bringing a company to an end; Business vehicle: Type of company organization; Directors’ duties: Responsibilities of leading company officers; Memorandum and articles: Documents governing external… //

  1. Which entity best protects the property and assets of the shareholders? Corporation
  2. Which entity no longer exists when its owner dies? Sole proprietorship
  3. Which of the entities mentioned is the most expensive to form? Corporation
  4. Which entity types require relatively little paperwork? Partnership
  5. Which entity requires shareholder-employees to pay unemployment tax? Corporation

Commercial Law Fundamentals

TEMA 6:

True or False:

  • Commercial law is a general term for a number of diverse areas of the law which…: True
  • Contentious work includes the drafting of contracts: False
  • The Uniform Commercial Code applies…: False
  • The World Trade Organization checks to see…: True

// On behalf of / owe / creditors / transaction / lender / payment //

Litigation, Arbitration, and Mediation

TEMA 8:

True or False:

  • The term litigation refers only to the hearing or a trial: False
  • Mediation differs from arbitration in that the disputing parties are actively involved in the decision-making process: True
  • International arbitration developed in response…: True
  • Online dispute resolution requires…: False
  1. In litigation, the claimant files a lawsuit against the defendant. Usually, a solicitor carries out pre-trial work in preparation of the case, while a barrister represents the claimant or defendant in court. When the case has been heard, the court delivers judgment.
  2. In arbitration, an arbitrator or arbitration tribunal decides on the outcome of the case.
  3. In mediation, an independent third party helps the disputing parties reach a settlement.
  • If somebody threatens… Hire a lawyer
  • If you have a problem employee… They can tell you
  • It is a good idea… Too much litigation
  • Consider inserting… This discourages frivolous
  • If you are about… Businesses occasionally

// To incur: To experience something, usually something unpleasant, as a result of actions you have taken; To face/To address: To give attention to or deal with a matter or problem; Regulation: A legal restriction imposed by…; Payout: A large sum of money //

International Law and Treaties

TEMA 9:

  1. parties to / bound by / treaty is in
  2. signatory to
  3. under the convention / entitled to
  4. apply to
  5. binding on

// Interagency: involving two or more agencies; Non-aligned: Neutral, especially towards; Non-governmental: Without any participation; Bilateral: Involving two groups; Multinational: Involving several different countries; Intrastate: Within the boundaries of a state //