Legal English:
Nicht nur vor Gericht, sondern schon in einem Arbeitsvertrag oder einer Re is erü ck tr it tsv er sic he run g we rd enwi rm it jurist is cher Fachsprache konfrontiert. Testen Sie hier, wie verständlich dieses „legalese“für Sie ist.
Getting your terms right
THE SITUATION
Moore, Miller & Dini is a global law firm based in London with offices in several major cities. It is a commercial practice, and deals with issues of both private law and public law. The firm also takes on some work in the area of white- collar crime.
1. From stuffy to plain (10 points)
To make texts easier to understand for their clients, Moore, Miller & Dini has issued a memo to all legal staff listing words that should not be used and suggesting alternatives. Match the stuffy words (A–J.)with their plain-language equivalents (1–10).
2. One word, two meanings (6 points)
Many common words have a very different meaning in a legal context. Match each word or phrase to its everyday meaning (A – F) and its definition in contract law (G – I).
Everyday meaning
A. Something that cures an illness.
B. A combination of words, letters or symbols
used to transmit messages secretly.
C. An object that you play to make music.
D. What you do with your ears.
E. A piece of writing, for example, in a magazine. F. The action of giving something careful thought.
Definition in contract law
G. A numbered section of a law, contract or other
legal document.
H. A collection of laws, rules or regulations.
I. A formal document.
J. To listen to evidence in a court of law, especially
in a trial before a judge.
K. The payment made in exchange for the performance of a contract.
L. A way of enforcing a right or compensating for loss, damage or injury, especially through a court.
3. Missing properties (5 points)
Gordon is talking to his boss, Barbara, about a client’s property purchase. Fill in the vowels in Barbara’s statements to make terms that correspond to the words in bold in Gordon’s responses.
A. Barbara: Could you run me through the whole tr ns ct n? I’m not very clear on the details.
Gordon: Of course. It involves the acquisition of a small hotel in London. The client is based in Hamburg.
B. Barbara: I see. And are we handling all aspects of the c nv y nc ?
Gordon: Yes, we’re dealing with the entire transfer. The client has counsel in Germany, but she’s handed the whole purchase to us.
C. Barbara: I see you’ve already run the title checks. Were there any ch rg s registered against the property?
Gordon: No, there were no claims against the land. And we didn’t find any other encumbrances that are cause for alarm.
D. Barbara: Great. OK, can I take a look at the draft purchase c ntr c t?
Gordon: Sure. I have a copy of the agreement here.
E. Barbara: Thanks. So how far are we from c mpl t n?
Gordon: Very close. The client has transferred the money to the escrow account and title should be transferred in under a week.
4. The business of crime (5 points)
Moore, Miller & Dini takes on occasional defence work in the area of white- collar crime, also called “business crime” or “corporate crime”. Match the crimes (A – E) to their definitions (1 – 5).
A. bribery B. embezzlement C. insider trading D. corruption E. fraud
1. The illegal buying or selling of shares with the help of corporate information that is not available to the public.
2. The crime of getting money or some other personal gain by abusing a position of power or authority.
3. The crime of giving or offering a payment or something valuable to a person, usually to persuade them to do something that is dishonest.
4. The crime of acting dishonestly to get money or to
have some other personal gain.
5. The act of stealing money that has been entrusted
to you or that belongs to your employer.
5. Filling the gaps (8 points)
Selina is a law student from Augsburg on a six-month internship at Moore, Miller & Dini. Complete the following sentences with the correct words from the box.
attending | consultancy | court | division | justices | land registry | website | workplace harassment
Selina: Hello, Mr Dent. I wanted to ask if you’ll be (A) the
(B) hearing tomorrow. You’re instructing the barrister in the fraud case, aren’t you?
Dent: Bruce is now handling the fraud case. I will be in court, though, as it’s quite an interesting appeal.
Selina: The Court of Appeal? Which (C) ?
Dent: Civil. It’s an employment case. We’re suing for unfair dismissal. Another horrible boss!
Selina: That would be quite interesting. I wrote my dissertation on (D) . I did a comparative analysis of the approach taken by different African countries. I actually attended one case in Nigeria. It was an appeal from the decision of the High Court of Lagos State and was heard by three
(E) .
Dent: Really? I thought your area was property law.
Selina: No. Well, I spent my first two weeks here shadowing one of the conveyancing teams. But to be honest, I find sifting through the (F) extremely dull. I suppose it involved more detective work when everything was paper-based. But now, everything’s on the government
(G) , and all I ever really did was enter search terms.
Dent: Right. Well, much of what we do here is fairly tedious. But then along comes a really interesting case that shakes everyone up.
Selina: Yes. Like the (H) that was hired to look into cost- cutting. That should certainly shake things up!
Dent: Quite.
6. Intellectual problems (8 points)
The intellectual property pages on Moore, Miller & Dini’s website have been hit by a virus. Some of the keywords are now unintelligible. Unscramble the words in bold to complete the sentences.
Our extensive IP department deals with all aspects of (A) inletnagib property rights that apply to artistic works, inventions and designs, and other creative works. When a person creates something, they usually have
(B) oritpghcy in it. This includes the right to (C) hiitprob unauthorized use of the work, with certain exceptions (e.g. the right of (D) afir use, which is recognized in many jurisdictions). If you believe that your intellectual property rights have been (E) dgifinrne , you may have recourse to legal action. Remedies include an award for (F) sdgmaae and the granting of an (G) niojincnut to prevent the infringing (H) rtapy from committing further infringements.
7. Legal personnel (8 points)
Selma Loeb is a lawyer at the London office. In an interview with ELSA, the European Law Students’ Association, she is discussing employment opportunities at her law firm. Circle the right word to complete the sentences.
ELSA: What opportunities can you offer graduates? Loeb: They join us as (A) associates / legal secretaries / clerks. After seven or eigh years, they’ll then have the opportunity to make (B) litig ant / partner / cohort.
ELSA: Do you employ many other staff?
Loeb: We have a number of secretaries, but we are increasingly looking to train people as
(C) paralegals / auxiliaries / agents. They do much of the legal work that doesn’t require a qualified lawyer. This helps us keep costs down. The (D) practice / corporation / outfit also employs accountants and ancillary staff.
ELSA: Do you have a litigation department?
Loeb: No, most of our work is (E) non- contentious / non-antagonistic / non-belligerent and we don’t carry out (F) advancement / promulgation / advocacy work.
ELSA: So your lawyers never have to attend court? Loeb: Only to (G) instruct / direct / lead barristers. ELSA: I should probably explain to non-UK students that England has a bicameral legal system. Solicitors do the out- of- court work, barristers represent clients in court.
Loeb: Well, that’s rather oversimplifying things. Solicitors have always had the right of
(H) attendance / participation / audience in certain courts. Barristers can appear before any court in England and Wales. That said, most solicitors do little or no court work.