Match each verb used by the lawyer with its definition

Match these documents with their definitions.

1. affidavit

2. answer

3. brief

4. complaint

5. injunction

6. motion

7. notice

8. pleading

9. writ

a. a document informing someone that they will be

involved in a legal process and instructing them what they must do

b. a document or set of documents containing the details

about a court case

c. a document providing notification of a fact, claim or

proceeding

d. a formal written statement setting forth the cause of

action or the defence in a case

e. a written statement that somebody makes after they

have sworn officially to tell the truth, which might be used as proof in court

f. an application to a court to obtain an order, ruling or

decision

g. an official order from a court for a person to stop

doing something

h. in civil law, the first pleading filed on behalf of a

plaintiff, which initiates a lawsuit, setting forth the

facts on which the claim is based

i. the principal pleading by the defendant in response to

a complaint

11. Xð 1.1 Listen again and tick the documents that the lawyer mentions.

1. answer £ 2. affidavit £ 3. brief £ 4. complaint £ 5. injunction £

6. motion £ 7. notice £ 8. pleading £ 9. writ £

1. to draft a document

2. to issue a document

3. to file a document

with an authority

4. to serve a document

on someone

5. to submit a document

to an authority

a. to deliver a legal document to someone, demanding that they go to a court of law or that they obey an order

b. to produce a piece of writing or a plan that you intend to change later

c. to deliver a document formally for a decision to be made by others

d. to officially record something, especially in a court of law

e. to produce something official

__________________________________________________________________

FAMILY LAW. CONTRACT LAW

Pre-reading tasks ____________________________________________________

1. Give examples from your country (different countries) of how the family

is given special legal consideration.

2. Match the following English words and expressions with their

Ukrainian equivalents:

1. welfare of children

2. loan

3. aggrieved person

4. to be infringed

5. criminal offence

6. terms

7. trademark

8. reward for the efforts

a. кримінальний злочин

b. особа, яка понесла збитки

c. винагорода за зусилля

d. торгова марка

e. позика

f. добробут дітей

g. бути порушеним

h. умови

Reading tasks ______________________________________________________

Read the text to understand what information is of primary importance or new for you.

Note on the text:

Tort — делікт, цивільне правопорушення

CIVIL LAW

(FAMILY, CONTRACT, INTELLECTUAL PROPERTY)

The civil law covers cases related family, property, contracts and non-contractual wrongful acts suffered by one person at the hands of another (torts). Family law includes the laws governing marriage, divorce and the welfare of children; the law of property governs ownership, disposal of property on death, etc.; the law of contract regulates, for instance, the sale of goods, loans, partnerships, insurance and guarantees.

Civil proceedings are started by the aggrieved person. As a private matter, they can usually be abandoned or ended by settlement between the parties at any time. In many cases, parties to a dispute settle their differences through their lawyers before the trial stage is reached.

Family law is divided into public and private law cases. Public law cases involve local government and other public authorities and include matters such as care of children. Private law cases involve divorce proceedings, etc.

Most court cases involving children concern private disputes between parents — often after separation.

Torts include wrongs such as negligence, defamation, etc. If these legal rights have been infringed, a plaintiff can sue for compensation. One of the most important tort actions is that for negligence, when a person fails to live up to an expected standard of care and someone is injured as a result. This can cover physical damage or financial loss.

A contract is an agreement between two or more parties, which is enforceable by law. A valid business contract, for instance, must involve an offer to supply goods or services, consideration (the price to be paid) and acceptance by the purchaser. The offer may be revoked at any time before acceptance but it must be communicated to the purchaser. Acceptance of an offer must mean agreement entirely with the terms of the offer, and the terms must be sufficiently detailed. In addition, the object of the contract must not be illegal; it is against the law for two people to make a deal between themselves if this involves a criminal offence.

An example of a contract is the purchase of goods in a shop. If the goods purchased turn out to be shoddy, the purchaser can sue the seller in the civil courts usually for damages. Conversely, if the ownership of |goods passes to the purchaser and they are not paid for, the seller can sue for the price of goods. Similarly, an employer is bound to pay an employer for work done; if he or she fails to do so, a breach of contract action can take place.

Intellectual property laws reward the creators of original works by preventing others from copying, performing, or distributing those works without permission. They also provide incentives for people to produce scientific and creative works that benefit society at large. Some types of intellectual property are automatically protected by law from the moment of their creation. Other types require a specific grant of rights from a government agency before they may be protected by law. Nearly all nations have laws protecting intellectual property. The principal types of intellectual property are patents, copyrights, and trademarks. Patent law protects inventions that demonstrate technological progress. Copyright law protects a variety of literary and artistic works, including paintings, sculpture, prose, poetry, plays, musical compositions, dances, photographs, motion pictures, radio and television programs, sound recordings, and computer software programs. Trademark law protects words and symbols that serve to identify different brands of goods and services in the marketplace.

Intellectual property differs from other forms of property because it is intangible, a product of the human imagination. Because intellectual property is intangible, many people may use it simultaneously without conflict. For example, only one person can drive a car at a time, but if an author publishes a book, many people can read the work at the same time. Intellectual property is also much easier to copy than it is to create. It may take many months of work to write a novel or computer program, but with a photocopy machine or a computer others could copy the work in a matter of seconds. Without intellectual property laws, it would be easy to duplicate original works and sell them for very low prices, leaving the original creators without any chance to secure economic rewards for their efforts. The legal system avoids this problem by making it against the law to reproduce various forms of intellectual property without the permission of the creator.

UNDERSTANDING MAIN POINTS____________________________________

3. Divide the text into logical parts and supply a title for each of them.

4. Find in the text and decide from the context what the word could mean, then choose the appropriate definition.

a) family law – makes it illegal for others to manufacture or use the

invention without permission.

b) defamation – is usually owned by the creator of the work- the

writer, painter or musician- but like other property,

it might be passed to someone else.

c) breach of contract – is a wrongdoing for which a private citizen

(or company) is sued by another private person.

d) damages – is the aggrieved party that starts criminal

proceedings.

e) copyright – money paid by one party of a legal action

(usually civil) to compensate the other party for loss

or injury.

f) tort – deals with the family as a special institution,

marriage, the process of divorce, custody of

and responsibility for children.

g) patent – is a tort of saying or writing something which is

untrue and which harms another person’s

good name.

h) negligence – it is called so if one party fails to fulfill his

obligations under the agreement.

i) plaintiff – is a tort consisting of the breach of a duty of care

resulting in damage tothe plaintiff, carelessness.

5. PREPOSITIONS. Choose the right preposition in brackets according

to the contents of the sentences (without, after, of, from, for, by).

1. Literature, computer programs, artistic works cannot be patented, but they

can be protected... copyright.

2. In most countries, such work is automatically protected when it is created;

there is no need to apply... or to register copyright.

3. In recent years it has been difficult for intellectual property law to prevent new original works... copying and to keep pace with technological change.

4. The Laws of intellectual property usually require anyone wanting to copy something to ask permission from the holder... the patent or copyright.

5. In Britain,... instance, the 1988 Copyright and Patents Act covers a work of music, drama, computer software,... 50 years after the author’s death.

6. In addition to financial loss a plaintiff sometimes tries to sue... mental distress caused by the breach of contract.

7. Most legal systems allow a certain amount of copying even... asking permission.

8. In order to prevent a new scientific discovery... being copied, it is necessary to apply... a patent.

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