Legal English
1. Introduction
Civil law versus common law:
Common law = case law = judge made
Civil law
law
-Former French, Dutch, German,
Spanish and Portuguese colonies
Former British colonies or protectorates,
Where? or protectorates
including the US
- Central and Eastern Europe
- East Asian countries
- There is a written constitution
based on specific codes
- There is not always a written
- Legislative enactments = binding
constitution or codified laws
for all
Specific - Judicial decisions = binding
- Judge-made law: in theory no, in
features? - If law does not expressly prohibit
practice yes
it, you can do it
- Legislation and administrative
- Less prescriptive
acts need to stay consistent
- More prescriptive
A codified system of law, that originates
A legal system which is the foundation of
from Roman law, which is established by
the legal systems of most of the English-
Definition a state for its regulation and which is
speaking countries of the world, based
concerned with non-criminal matters,
on customs, usage and court decisions
rights and remedies
- Less freedom of contract: many
provisions implied into a contract - Freedom of contract: few
by law but operation of law can provisions are implied
Contracts?
solve inadequacies or - Everything needs to be described
ambeguities - Longer contracts
- Shorter contracts
Civil law versus criminal law:
- What kind of evidence is necessary to get guilt / liability in
o A criminal case: beyond a reasonable doubt (95%)
o A civil case: preponderance of evidence (51%)
- What is the relevance of the OJ Simpson case with regards to kinds of evidence? → the lawyers
succeeded in introducing reasonable doubt, so he was not convicted of a criminal case, but he
was found liable in a civil case
- Why is there a difference in the percentage of certainty needed in civil vs criminal cases? →
the stakes are different (prison vs damages)
- What is the difference between murder and wrongful death? → murder is criminal, wrongful
death is civil
- Why did OJ Simpson move? → because of a statute in Florida that states you can only take
someone’s money, but not their house
Nota’s:
1
, - Nomenclature = jargon = vocabulary used in a specific field
- Nolo contendere = no contest
- Damages (always plural in a legal context!) = compensation
- Murder = criminal issue = guilty
- Wrongful death = civil case = liable
The EU is the most significant source of supranational European law. Since 1957, when the European
Economic Community (EEC) was created with the limited purpose of establishing a common
economic market in western Europe, the law of the EEC and its successor organizations has gradually
expanded the scope of its authority over many aspects of European economic and political life. At the
same time, it acquired many characteristics of a constitutional system rather than an international
organization. For example, EU law is supreme over the national laws of EU member countries,
meaning that it has a direct effect upon national legal systems.EU law is interpreted and enforced
through the cooperation of EU courts and the courts of EU member countries. Because of the breadth
of subject matter within its competence and its capacity to reach deeply into national legal systems,
the EU has successfully created an expansive legal system in which all of its member states
participate. There are substantial bodies of European law in areas such as contracts, business law,
labour law, immigration law and consumer law.
Some definitions:
The body of law that relates to crime. It prescribes conduct perceived as
Criminal law threatening, harmful or otherwise endangering to the property health, safety
and moral welfare of people inclusive of one’s self
Regulations (adopt) A legal act of the European Union that becomes immediately enforceable as
= verordening law in all member states simultaneously (GDPR)
Ordinance / by-law Law enacted by a town, city or county government (Lage Emissie Zone)
Bill Draft document before it is made into law
Directive (adapt) = Legal device used by the EU to establish policies at the European level to be
richtlijn incorporated into the laws of the member states (consumer rights)
Statutes (are at
Formal written law enacted by a legislative body
federal level)
Court of Cassation / The main appellate court in the judicial system of Belgium, which ensures
Supreme Court that the courts are acting in accordance with law
Labour Tribunal / Separate court with full legal power in the area of employment law and
Labour Court social matters
This court deals with disputes between traders concerning sums of more
Commercial Tribunal
than €1,860, but also with very specific issues such as bankruptcies or
/ Commercial Court
proceedings between shareholders of a company
Court of First This court has jurisdiction in all disputes that are not assigned by law to
Instance other courts and thus has what is called residual jurisdiction
Civil magistrate’s
This court deals with civil and commercial matters involving a sum of less
court / Justice of the
than €1,860
peace
This is a criminal and civil court that considers minor offences, intermediate
Police Court offences treated as minor offences, breaches of specific laws, claims for
damages resulting from traffic accidents and road traffic offences
A court that is only convened whenever a person is accused of a serious
Assize Court crime that cannot be treated or is not being treated as an intermediate
offence
2
, Noun Verb Adjective
Legislation To legislate Legislative
Codex (codices) To codify Codified
Prescription To prescribe Prescriptive
Enactment To enact Enacted
Prohibition To prohibit Prohibited
Judge To judge Judicial
Provision To provide Provided
Precedent To precede Preceded
Cooperation To cooperate Cooperative
Violation To violate Violative / violated
Acquittal To acquit Acquitted
Litigation To litigate Litigious
Prosecution To prosecute Prosecuted
Condemnation To condemn Condemned / condemnable
Indictment To indict Indicted
Accusation / accuser To accuse Accusatory / accused
Regulation To regulate Regulatory / regulated
Constitution To constitute Constitutional
Termination To terminate Terminated / terminal
Agreement To agree Agreeable / agreed
Reason To reason Reasonable
Failure To fail Failed / failing
Indemnification To indemnify Indemnified / indemnifiable
2. Company law
Some definitions:
A cap A limitation
Draft law A proposed law that is under consideration by a legislature
Non-compliance Not listening/adjusting to the new rules
Not fully liable, so there is a boundary on how liable you are as the owner of
Limited liability
the company
Jointly and severally
All parties will be equally responsible and equally liable
responsible
Abolition The act of ending or stopping something
To enter into force Come into effect
To harmonize To create common standards across the internal market
Provision A measure taken beforehand to deal with a need or contingency
Company type Purpose / size Liability Specific characteristics
- Notary for authentic act
Limited to - No minimum capital required
Private limited
Small businesses contribution for - Capital needs to be sufficient to
company
shareholders last 2 years
- Capital is divided into shares
3
1. Introduction
Civil law versus common law:
Common law = case law = judge made
Civil law
law
-Former French, Dutch, German,
Spanish and Portuguese colonies
Former British colonies or protectorates,
Where? or protectorates
including the US
- Central and Eastern Europe
- East Asian countries
- There is a written constitution
based on specific codes
- There is not always a written
- Legislative enactments = binding
constitution or codified laws
for all
Specific - Judicial decisions = binding
- Judge-made law: in theory no, in
features? - If law does not expressly prohibit
practice yes
it, you can do it
- Legislation and administrative
- Less prescriptive
acts need to stay consistent
- More prescriptive
A codified system of law, that originates
A legal system which is the foundation of
from Roman law, which is established by
the legal systems of most of the English-
Definition a state for its regulation and which is
speaking countries of the world, based
concerned with non-criminal matters,
on customs, usage and court decisions
rights and remedies
- Less freedom of contract: many
provisions implied into a contract - Freedom of contract: few
by law but operation of law can provisions are implied
Contracts?
solve inadequacies or - Everything needs to be described
ambeguities - Longer contracts
- Shorter contracts
Civil law versus criminal law:
- What kind of evidence is necessary to get guilt / liability in
o A criminal case: beyond a reasonable doubt (95%)
o A civil case: preponderance of evidence (51%)
- What is the relevance of the OJ Simpson case with regards to kinds of evidence? → the lawyers
succeeded in introducing reasonable doubt, so he was not convicted of a criminal case, but he
was found liable in a civil case
- Why is there a difference in the percentage of certainty needed in civil vs criminal cases? →
the stakes are different (prison vs damages)
- What is the difference between murder and wrongful death? → murder is criminal, wrongful
death is civil
- Why did OJ Simpson move? → because of a statute in Florida that states you can only take
someone’s money, but not their house
Nota’s:
1
, - Nomenclature = jargon = vocabulary used in a specific field
- Nolo contendere = no contest
- Damages (always plural in a legal context!) = compensation
- Murder = criminal issue = guilty
- Wrongful death = civil case = liable
The EU is the most significant source of supranational European law. Since 1957, when the European
Economic Community (EEC) was created with the limited purpose of establishing a common
economic market in western Europe, the law of the EEC and its successor organizations has gradually
expanded the scope of its authority over many aspects of European economic and political life. At the
same time, it acquired many characteristics of a constitutional system rather than an international
organization. For example, EU law is supreme over the national laws of EU member countries,
meaning that it has a direct effect upon national legal systems.EU law is interpreted and enforced
through the cooperation of EU courts and the courts of EU member countries. Because of the breadth
of subject matter within its competence and its capacity to reach deeply into national legal systems,
the EU has successfully created an expansive legal system in which all of its member states
participate. There are substantial bodies of European law in areas such as contracts, business law,
labour law, immigration law and consumer law.
Some definitions:
The body of law that relates to crime. It prescribes conduct perceived as
Criminal law threatening, harmful or otherwise endangering to the property health, safety
and moral welfare of people inclusive of one’s self
Regulations (adopt) A legal act of the European Union that becomes immediately enforceable as
= verordening law in all member states simultaneously (GDPR)
Ordinance / by-law Law enacted by a town, city or county government (Lage Emissie Zone)
Bill Draft document before it is made into law
Directive (adapt) = Legal device used by the EU to establish policies at the European level to be
richtlijn incorporated into the laws of the member states (consumer rights)
Statutes (are at
Formal written law enacted by a legislative body
federal level)
Court of Cassation / The main appellate court in the judicial system of Belgium, which ensures
Supreme Court that the courts are acting in accordance with law
Labour Tribunal / Separate court with full legal power in the area of employment law and
Labour Court social matters
This court deals with disputes between traders concerning sums of more
Commercial Tribunal
than €1,860, but also with very specific issues such as bankruptcies or
/ Commercial Court
proceedings between shareholders of a company
Court of First This court has jurisdiction in all disputes that are not assigned by law to
Instance other courts and thus has what is called residual jurisdiction
Civil magistrate’s
This court deals with civil and commercial matters involving a sum of less
court / Justice of the
than €1,860
peace
This is a criminal and civil court that considers minor offences, intermediate
Police Court offences treated as minor offences, breaches of specific laws, claims for
damages resulting from traffic accidents and road traffic offences
A court that is only convened whenever a person is accused of a serious
Assize Court crime that cannot be treated or is not being treated as an intermediate
offence
2
, Noun Verb Adjective
Legislation To legislate Legislative
Codex (codices) To codify Codified
Prescription To prescribe Prescriptive
Enactment To enact Enacted
Prohibition To prohibit Prohibited
Judge To judge Judicial
Provision To provide Provided
Precedent To precede Preceded
Cooperation To cooperate Cooperative
Violation To violate Violative / violated
Acquittal To acquit Acquitted
Litigation To litigate Litigious
Prosecution To prosecute Prosecuted
Condemnation To condemn Condemned / condemnable
Indictment To indict Indicted
Accusation / accuser To accuse Accusatory / accused
Regulation To regulate Regulatory / regulated
Constitution To constitute Constitutional
Termination To terminate Terminated / terminal
Agreement To agree Agreeable / agreed
Reason To reason Reasonable
Failure To fail Failed / failing
Indemnification To indemnify Indemnified / indemnifiable
2. Company law
Some definitions:
A cap A limitation
Draft law A proposed law that is under consideration by a legislature
Non-compliance Not listening/adjusting to the new rules
Not fully liable, so there is a boundary on how liable you are as the owner of
Limited liability
the company
Jointly and severally
All parties will be equally responsible and equally liable
responsible
Abolition The act of ending or stopping something
To enter into force Come into effect
To harmonize To create common standards across the internal market
Provision A measure taken beforehand to deal with a need or contingency
Company type Purpose / size Liability Specific characteristics
- Notary for authentic act
Limited to - No minimum capital required
Private limited
Small businesses contribution for - Capital needs to be sufficient to
company
shareholders last 2 years
- Capital is divided into shares
3
