Law Essentials: Key Concepts and Legal Terms
Substantive Law vs. Procedural Law
Procedural law provides the process that a case will go through. It determines how a proceeding concerning the enforcement of substantive law will occur. Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.
Housing Law: Tenant Definition
One who holds or possesses real estate or sometimes personal property by any kind of right. For example, “a housing law is now leasing the apartment”. This person is a tenant.
Barrister vs. Solicitor
A solicitor is a qualified legal professional who provides expert legal advice and support to clients. A barrister generally provides specialist legal advice and represents individual people and organizations in courts and tribunals and through written legal advice.
Paralegal Definition
A person trained to undertake legal work but not qualified as a professional solicitor or barrister. For example, “this summer he will be doing paralegal work for my father’s firm.”
A Career in Law: Introduction to Law
Courses in law include:
- Contract Law: This course covers the commercial code.
- Tort Law: Topics include losses.
- Criminal Law: This course covers homicide.
- Evidence: This course covers privileges.
- Criminal Procedure: This course covers conduct.
- Constitutional Law: This course covers matters related thereto.
- Legal Research and Writing: This course covers briefs.
More, best, more, more, most, easier.
Law Firm Positions
- A Partner: One of the owners of a partnership.
- An Associate: A person whose position at work is slightly lower or less complete than the full official position described.
- A Bonus: An extra amount of money given as a reward in addition to the money you were expecting.
- Benefits: Things such as medical insurance that employees receive in addition to money.
- To Practise: To work in an important skilled job for which a lot of training is necessary.
Types of Law Firms
- Commercial Practice: Advises clients on problems.
- Large Law Firm: Can have 50+ employees and advises large organizations.
- Law Clinic: Gives skills.
- Partnership: Is managed equally.
- Sole Practitioner: Works on cases.
Law vs. Legal
Legal, law, law, legal, legal, legal.
By-about, of-for, on-to, by, about-from, for, about-at, with, to, to.
The Court System: Legal Documents
- Statute: Formal written law.
- Ordinance: Law enacted.
- Bill: Legal device.
- Regulations: Rules issued.
- Directive: Draft document.
Examples of Legal Documents
- The town council: Ordinance.
- According: Regulations.
- Early this year: Bill.
- A number: Directive.
- The European Union: Statutes.
Legal Roles
- Defendant/Respondent: Person who is sued in a civil lawsuit.
- Reasonably Prudent Person: Hypothetical person who uses good judgment.
- Expert Witness: Person who has specialized knowledge of a particular subject.
- Appellant: Person who appeals a decision to a higher court.
- Bailiff: Officer of the court whose duties include keeping order.
- Advocate: Person who pleads cases in court.
- Judge: Public official who has the authority to hear and decide cases.
- Claimant: Person who initiates a civil lawsuit.
- Clerk: Employee who takes records, files papers, and issues processes.
Types of Courts
- Appellate Court: Reviews decisions of a lower court.
- Crown Court: Exists in the UK.
- High Court: Court of last resort.
- Juvenile Court: Where juveniles may be tried.
- Lower Court: Where cases are heard for the first time.
- Magistrate’s Court: Cases are tried in the UK.
- Moot Court: Deals with hypothetical cases.
- Small-Claims Court: Where small claims are handled.
- Tribunal: Handles disputes.
Court-Related Terms
Magistrates court; instance; division; high court of justice; leapfrog; appeal; house.
Matching Exercise
1c; 2e; 3d; 4a; 5b: 1) appeal-appellate; e) appeal; 3) claimant; 4) hear-try; b) tried-heard.
Legal Definitions
- Breach: A violation or infraction, as of a contract, law, legal obligation, or promise.
- Solicitor: An attorney holding a public office that handles cases involving a city, state, or other jurisdiction.
- Proximate: Something which is direct or immediate.
- Approach: To come near or nearer, as in space or time.
- Lecture: An exposition of a given subject delivered before an audience or class, as for the purpose of instruction.
- Undergraduate: A college or university student who has not yet received a bachelor’s or similar degree.
- Average: The usual or ordinary kind or quality.
- Reward: A satisfying return on investment; a profit.
- Available: Qualified and willing to serve or assist.
- Outline: A summary of a text or subject, usually presented in headings and subheadings.
- Liability: It describes the condition of being actually or potentially subject to a legal obligation.
- Negligence: Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.
- Hazardous: Full of risk, dangerous, risky.
- Defamation: The injury of a person’s good name or reputation.
- Nuisance: A use of property or course of conduct that interferes with the legal rights of others by causing harm.
- Amendment: An addition, alteration, or improvement to a motion, document, etc.
- Cross-Examination: To question.
- Hearsay: Evidence that is not within the personal knowledge of a witness, such as…
- Solicitor: In the UK, a lawyer who advises clients on matters of law, draws up legal documents.
- Litigation: The process of initiating or contesting a lawsuit.
Contract Law
Formation, counter-offer, terms, oral contract, obligation, breach, damages.
Into, to-under, against, in, to-for, for.
File, accepted, created, breached to, claim.
Tort Law
Tort: A wrongful act that causes harm to another person for which the injured party may request damages.
- Civil Wrong (while a crime affects society, a tort affects an individual).
- Contractual Relations (when a person breaches a contract).
- Injured Party (torts are committed against the wrongdoer).
- Fraudulent Misrepresentation (the tort of relying upon false information).
- Medical Expenses (in medical malpractice cases).
- Monetary Damages (in most cases, the injured party seeks monetary compensation).
Legal Roles in Tort Law
- The person who brings an action in a court of law is called the plaintiff.
- The person against whom an action is brought in a court of law is known as the defendant.
Court Actions
Finds-for; appeal; appellate court/court of appeals; affirms; reverses.
Procedural History in Tort Law
Settlement, defendant, found for, awarded, damages, punitive, appealed.
Defamation
Defamation is the term for harming someone’s reputation: tort, statement, libel, slander.
Procedural History Example
Sued, found for, worded, appealed, reversed, affirmed, found that.
Criminal Law
A crime is any act, or omission of an act, in violation of a public law. There are many different crimes, or offenses.
Actions in Criminal Law
Commit a crime, resolve a dispute, bring a suit, render a verdict, sentence an offender, suspend a sentence.
Crime and Punishment
A crime is a wrong…wrongdoer: is committed, is punished, is put, is fined, is committed, was caused, are tried, is brought, is resolved.
Historical Example
In 1994…Goldman: was charged. He…following year: was tried/was acquitted. However…damages: was found/was sentenced.
Punishments
- When someone is sentenced to execution: They are killed as a legal punishment for a crime.
- Community Service Order: The court requires them to work in the community.
- Imprisonment: They are put in prison for a crime.
- Parole: They are released from prison early if they behave well.
- Probation: They are given a chance to stay out of prison.
- Is Fined: They have to pay money for breaking a law.
Internationalization of Law
The internationalization…: has led to. While violent…: has a big impact on. But when…: affect. Enron…: impacted. The other…: adversely effect. Part of…: is the effect of.
Social Issues and Crime
Rising poverty…: to a rise. Anti-social…: affects. Knife…: impacts. White-collar…: an impact. Fraud…: older people.
Legal Terminology
- Secret Information: Confidential.
- To Buy Shares: Purchase.
- Suggested Deal: Proposed.
- The Tribunal Decided: Held.
- Market Abuse Laws: Provisions.
Prepositions in Legal Contexts
Last month…probation: for, of, against, of, to, on, on, on.
Proof vs. Prove
- Proof: A fact or piece of information which shows that something exists or is true.
- Prove: To show a particular result after a period of time.
Prosecution vs. Persecution
- Prosecution: The lawyer in a trial who tries to prove that a person accused of committing a crime is guilty of that crime.
- Persecution: Treating someone unfairly or cruelly over a long period of time because of their race, religion, or political beliefs.
Prescribe vs. Proscribe
- Prescribe: To tell someone that they must do; to give something as a rule.
- Proscribe: To forbid something.
Commercial Law
On behalf of, owe, creditors, transaction, lender, payment.
Carefully-remarkably, closely, quickly-mainly, extremely-regularly.
Commercial Terms
- Commission: Payment for goods sold.
- Intermediary: Someone who helps two people to meet.
- A No Cure, No Pay Basis: When payment depends on results.
- Goodwill: The benefit of a business’s good reputation.
Commercial Concepts
Negotiable instrument, commercial trading, mercantile/commercial bank, mercantile agency, mercantile/commercial law, commercial/negotiable terms.
Acronyms in Commercial Law
- UCC: Uniform Commercial Code.
- WTO: World Trade Organization.
- UNCITRAL: United Nations Commission on International Trade Law.
Intellectual Property
Key term in intellectual property law: patent.
Prepositions in Commercial Law
To advice…: on. A breach…: of. Commercial law…: by. An agent…: on/of. To apply…: for. A contract…: into.
Noun/Adjective Pairs
Merchant-mercantile; commerce-commercial; negotiation-negotiable; finance-financial; bankruptcy-bankrupt.