Key Concepts in Criminal, Corporate, and Commercial Law
Criminal Offences and Legal Procedures
TEMA 4:
Common Categories of Criminal Offence:
- Offences against the person
- Offences against property
- Public-order crimes
- 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
- Secret information: Confidential
- To buy shares: Purchase
- Suggested deal: Proposed
- The tribunal decided: Held
- 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
- A legal person has rights…
- The board of directors manages the affairs of the company and makes company policy.
- A company can own property, enter into contracts, and sue other persons.
- A shareholder invests money by buying shares in a company.
- A company director serves on the governing board of a corporation.
- A creditor of a company is a person or entity to whom the company owes a debt.
- 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… //
- Which entity best protects the property and assets of the shareholders? Corporation
- Which entity no longer exists when its owner dies? Sole proprietorship
- Which of the entities mentioned is the most expensive to form? Corporation
- Which entity types require relatively little paperwork? Partnership
- 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
- 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.
- In arbitration, an arbitrator or arbitration tribunal decides on the outcome of the case.
- 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:
- parties to / bound by / treaty is in
- signatory to
- under the convention / entitled to
- apply to
- 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 //