Samenvatting: English for law
1. Introduction
Civil versus common law:
Civil law Common law
Definition A codified system, that originates Legal system, which is the
from Roman law, which is foundation of the legal systems of
established by a state for its most of the English-speaking
regulation and which is concerned countries of the world. It’s based
with non-criminal matters, rights on customs, usage and court
and remedies. decisions.
Also called: Case law, judge
made law
Place Former French, Dutch, German, Former British colonies or
Spanish or Portuguese colonies or protectorates, including US.
protectorates, including much of
Central and South America. Most
of the Central and Eastern
European and East Asian
countries also follow a civil law
structure.
Specific features - There is a written constitution, - Not always written constitution
based on specific codes. or codified laws
- Legislative enactments - Judicial decisions
= Binding for all = Binding
- Judge made law: Not in theory - If law does not expressly prohibit
but in practice it, you can do it.
- Legislation and administrative - Less prescriptive
acts need to stay consistent
- More prescriptive
Contracts - Less freedom of contract: Many - Freedom of contracts: Few
provisions implied into a contract provisions are implied
by law BUT operations of law can
solve inadequacies or ambiguities. - Everything needs to be
described
- Short contracts
- Long contracts
, The Belgian Court system
International courts Supreme Court or Court of Cassation
= Hof van Cassatie
Court of appeal Labour Court of Appeal Court of Assize
= Hof van Beroep = Arbeidshof = Hof van Assisen
Court of First Instance Labour Court Commercial Court
= Rb 1e aanleg = Arbeidsrb = Rb Koophandel
Justice of the Peace Court The Police Court
= Vredegerecht = Politierb
Vocabulary
1. To prosecute: Verb
= To officially accuse someone of committing a crime in a law court, or (of a lawyer) to try to prive
that a person accused of committing a crime is guilty of that crime.
Ex. He was prosecuted for fraud.
A prosecution: Noun
Prosecuted: Adjective
2. An allegation
= A statement or claim that is made and hasn’t been proved to be true or false.
Ex. He’s demanding a full apology from the newspaper for making untrue allegations about his
personal life.
3. Taken into custody: Verb
= When someone is under the physical control of the Court to make sure they go to Court when
they’re supposed to.
Ex. You will be remanded in custody until your trial.
A Custody or a custodian: Noun
Custodial: Adjective
4. A misdemeanor: Noun
= A minor criminal offense, formerly contrasted with a felony.
Ex. He was convicted in court on a misdemeanor charge.
5. To legislate: Verb
= Based on laws and the process of making laws.
Ex. After several attempts to talk the issue through, it was ultimately decided to litigate the matter
in court.
A legislation: Noun
Legislative: Adjective
1. Introduction
Civil versus common law:
Civil law Common law
Definition A codified system, that originates Legal system, which is the
from Roman law, which is foundation of the legal systems of
established by a state for its most of the English-speaking
regulation and which is concerned countries of the world. It’s based
with non-criminal matters, rights on customs, usage and court
and remedies. decisions.
Also called: Case law, judge
made law
Place Former French, Dutch, German, Former British colonies or
Spanish or Portuguese colonies or protectorates, including US.
protectorates, including much of
Central and South America. Most
of the Central and Eastern
European and East Asian
countries also follow a civil law
structure.
Specific features - There is a written constitution, - Not always written constitution
based on specific codes. or codified laws
- Legislative enactments - Judicial decisions
= Binding for all = Binding
- Judge made law: Not in theory - If law does not expressly prohibit
but in practice it, you can do it.
- Legislation and administrative - Less prescriptive
acts need to stay consistent
- More prescriptive
Contracts - Less freedom of contract: Many - Freedom of contracts: Few
provisions implied into a contract provisions are implied
by law BUT operations of law can
solve inadequacies or ambiguities. - Everything needs to be
described
- Short contracts
- Long contracts
, The Belgian Court system
International courts Supreme Court or Court of Cassation
= Hof van Cassatie
Court of appeal Labour Court of Appeal Court of Assize
= Hof van Beroep = Arbeidshof = Hof van Assisen
Court of First Instance Labour Court Commercial Court
= Rb 1e aanleg = Arbeidsrb = Rb Koophandel
Justice of the Peace Court The Police Court
= Vredegerecht = Politierb
Vocabulary
1. To prosecute: Verb
= To officially accuse someone of committing a crime in a law court, or (of a lawyer) to try to prive
that a person accused of committing a crime is guilty of that crime.
Ex. He was prosecuted for fraud.
A prosecution: Noun
Prosecuted: Adjective
2. An allegation
= A statement or claim that is made and hasn’t been proved to be true or false.
Ex. He’s demanding a full apology from the newspaper for making untrue allegations about his
personal life.
3. Taken into custody: Verb
= When someone is under the physical control of the Court to make sure they go to Court when
they’re supposed to.
Ex. You will be remanded in custody until your trial.
A Custody or a custodian: Noun
Custodial: Adjective
4. A misdemeanor: Noun
= A minor criminal offense, formerly contrasted with a felony.
Ex. He was convicted in court on a misdemeanor charge.
5. To legislate: Verb
= Based on laws and the process of making laws.
Ex. After several attempts to talk the issue through, it was ultimately decided to litigate the matter
in court.
A legislation: Noun
Legislative: Adjective
