LESSON 5
THEME: Areas of law. Importance of collocation and
prepositions in
Legal English.
AREAS OF LAW
Exercise 1
In England and the USA there is an area of law called "the law of tort". It is the law of civil responsibility. It is an area of civil law.
Read this text about the law of tort. The most important words are in the key vocabulary below. Answer the questions that follow, using a full sentence.
Key vocabulary
• law of tort injured person
• allegations Carelessness
• tort to sue
• damages
committed • negligence. no win-no fee grounds
• breach
Negligence means that someone was not careful enough and this person's carelessness hurt another person as a result. The person who is hurt is called the injured person.
The law of tort says that everyone has a civil duty to be careful and not to hurt or harm another person. Lawyers call this civil duty, 'the duty of care'. Sometimes people breach this duty of care. To breach means to break. Very often they breach the duty of care by accident but sometimes they do it deliberately. If someone hurts or harms another person because of a breach, we call this harmful action a tort. This means that some things that might be criminal in your legal system are a tort in England and the USA.
When someone hurts you as a result of his or her actions, you need to consult a lawyer who specialises in the right area of tort. The lawyer will try to get you money from the careless person. This money is called 'compensation' or, more correctly. 'damages. Sometimes the lawyers can't agree on the amount of damages. When this happens, the Look at the list of harmful actions below. In England injured person may decide to sue the person who has hurt them. Suing someone is a more informal way of saying starting proceedings against. someone. The claim form will state the claimant's allegations against the defendant. An allegation is like an accusation - the claimant is stating that something happened, but the defendant has the opportunity to say this is not true. The reasons for going to court are called the grounds. The grounds for an action in tort are that the defendant and the USA they are usually torts.
leaving the floor of a shop in a dangerous condition so that a customer falls and hurts. Her leg saying something that is bad about someone, which isn't true • writing a story in a newspaper about someone.
Which isn't true playing loud music late every night, which disturbs your neighbours. This area of law is easier to understand by thinking of a tort as being a type of civil wrong. Each of the torts listed above has a special name. The tort that happens most often is called negligence. Committed a tort.
Sometimes a lawyer who specialises in the tort of negligence makes an agreement with a client. The agreement is that if the client does not win the case then he or she does not have to pay for the lawyer's services. This is called a 'no win-no feel arrangement. It is allowed in the UK and the USA.
Example question: What is the duty of care? Example answer: The duty of care is the obligation to be careful and not to hurt anyone.
A) How do lawyers say to 'break' a duty of care?
Answer:
B) In England and the USA, is the law of tort an area of criminal or civil law?
Answer: c There are different types of tort. In general, what is a tort?
Answer:
D) What is the name of the tort that a person commits because he or she is careless and hurts someone else as a result of this carelessness?
Answer:
E) What does suing mean? Answer:
f What is the correct name for the money that an injured person gets from the defendant in a successful action in tort?
Answer:
G) What is the correct name for an arrangement where a client does not have to pay his or her lawyer if the client loses his or her action in tort?
Answer:
Exercise 2
Put a word from the key vocabulary in Exercise 1 into the following sentences.
) lam
the owner of the shop because there was water on the floor and I fell and
hurt my back.
b I am a lawyer who specialises in the tort of People are just not careful enough! At the moment I am acting for the injured person in more than 20 different cases.
c The machines in the clothing factory were old and dangerous and one of the employees injured his hand. The employee sued the factory owners and got £5000 in
d in your claim form you accuse us of breaching our duty of care. We do not accept that your are true and we will defend your claim in court.
e Do you have a good reason for suing the owner of the hotel? What exactly are your
for
starting legal action?
Exercise 3
Here is a list of some important areas of law. Read what the lawyers say on the next page. They are talking
about the work they do. Match the lawyer with the correct area of law.
a law of contract:
b company law
c land law
d law of tort
f employment law
g family law
h immigration law
i intellectual property law
jcriminal law
e law of equity and trustsDavid
'I work in New York. I deal with clients from other countries who want to come and live here. I help them to get permission from the goverment to make their dream of living in the USA a reality.'
'I am with a law firm in Manchester. am now in the second year of my training contract,
At the moment I deal with clients who are buying or selling their house. It's my job to make
Tom
sure everything is correct and that the sale is valid and legal." I work in a very exciting area of law here in Los Angeles. I meet a lot of writers and musicians and sometimes even people from movie studios! I protect their rights and make sure that
no-one can copy their work and make money from it without their permission."
Jennifer
Alistair
'When I write the story of my life I will call my book, "Robbers, Murderers and other Friends of mine!" I work in Edinburgh, which is in Scotland. I defend people who are in trouble with the police. They may even go to prison! It is my job to help them."
Sunitta
I work in Sydney, Australia. I give advice to people who are unhappy living together and they want divorce. Sometimes people argue about money or the care of the children. It's a difficult area of law and feel very sympathetic towards my clients.
Cory
'I work in Chicago. I am quite famous on TV here in the USA. That's because Channel 10 show my advertisement five times every day! I ask people to call me if they were hurt or were in an accident because somebody else wasn't careful enough. If people are not careful, then I'm afraid they will have to pay damages!"
Kayleigh
I work in Christchurch, New Zealand. Most of my clients have problems at work. I saw a lady this morning who is going to have a baby. When she told her boss that she is pregnant, he fired her from her job. That is not legal in New Zealand and I will help her to do something about it."
Michael 'I work for a very big London law firm. Our clients are banks and other big businesses. Today
I am working on a merger agreement, which means that two companies are joining together to
become one. Yesterday advised a new client who wants to start an internet company on the
different ways he can do it."
Mary
'I am based in Dublin, the capital city of Ireland. I see people or companies who want to make a legal agreement with another person or company. Today I am dealing with an agreement to deliver goods from Ireland to the USA. I have to check every word very carefully!"
Polly
'I work in a very old and interesting area of law. Today I met a client who is 70 years old and has no family. When she dies, she wants to put all of her money into a special fund. Her two friends will use this money to help pay for a training school for actors and actresses from her
home city here in Liverpool. I explained to her how to do that and I will draft the necessary legal
documents for her."
Help desk
What do these words mean?
to deal with someone or something to do business with someone or to take the correct action in an area of work.
legal-allowed by the law.
valid - legally correct and acceptable.
to draft a document to write a document.
to have a right (in intellectual property law) to have a legal interest in something; it is yours.
robber - a person who steals money or property using or threatening to use violence.
a divorce - the legal ending of a marriage.
to merge (in company law) when two
companies join together to form one.
to be based somewhere to be established somewhere as the main place where you work or live.
goods-things that are produced so that they
can be sold.
fund an amount of money that a person or organisation keeps to pay for something in particular.
Exercise 4
Choose a word or phrase from the box to complete the sentences.
• drafting
criminal law
goods
the law of tort
valid
family law
the law of equity and trusts
• intellectual
property law
based in
• merged
a A lawyer who deals with clients who are in trouble with the police is a specialist in
b Last year my bank
with a big German bank and they are now called EuropBank.
I think they are the biggest bank in Europe now!
c A lawyer who deals with clients who create new inventions such as medicines or machines, or new
artistic works such as books or music, is a specialist in
a contract for my new client. I think the contract is
d I spent three hours this morning ready for him to read and sign now.
e I want to put some of my money into a fund for the benefit of my grandchildren, which they will have when they reach the age of 18. I need to see a lawyer who is a specialist in
Amsterdam at the moment because I'm working
f Well, I am from London but I am for a Dutch company.
g A lawyer who deals with clients who are divorcing or who have problems over the care of their children is a specialist in
h The company delivers. all over the United States by rail and by truck.
i A lawyer who deals with people who breach their civil duty of care is a specialist in
jThat contract is not.
because your client hasn't signed it.
Exercise 5
Look at the words and phrases in the box. All of the words are connected with specific areas of law. Match
each of the words with the correct definition.
• unfair dismissal
landlord
capital
redundancy
• sick pay
partnership
lease of land and maternity leave
buildings
discriminate
formation of a business
• tenant
insolvent • conveyancing
merger
real estate
a To be
means not having enough money to pay your debts.
b A
is the joining together of two or more things, such as companies, to
form one single thing or company.
c A
is a person who pays rent to the owner of a house, a flat or an office in return for living there, or for using the building for business purposes.
d
is the legal process involved in transferring the ownership of a house or land
against someone means to behave differently towards that person,
from the seller to the buyer.
e To
usually in the workplace, because of their age, sex or the colour of their skin.
is a situation where someone loses his or her job for a reason that is not valid.
f
g is money that an employer must pay to an employee when that employee
is ill and cannot work.
h A
is an agreement to allow someone to use land or buildings for a fixed period of time in return for a payment of rent.
The
is the establishment of a new business in a specific way. is a business which a minimum of two people own and control. JA
k is the time period when a woman is not at work before and after the birth
of her baby. Her employer usually pays her for part or all of the time that she is away.
is the total amount of money, property and other assets that a business has.
m is a situation where someone loses his or her job because an employer no longer needs so many employees.
n A is a person who owns a house, a flat or office and receives rent from someone for allowing them to live there, or use the building for business purposes.
is a more formal way of saying land and houses.
Help desk
What do these words mean?
ownership - to have ownership of a property
means that the property belongs to you. You are the owner of the property.
rent the money that someone pays, usually
every month, to use a flat, a house or an office that belongs to someone else. assets - things that a person or company owns. fixed something that is fixed is certain and
debts-sums of money that you owe.
cannot be changed.
Exercise 6
All of the words and phrases in Exercise 5 belong to either employment law, business law or land law. Put each word or phrase under the correct area of law.
Employment law
Business law
Land law
Exercise 7
Complete the following sentences by using the words from the employment law section.
a My baby will arrive at the end of March so I will take six months'
b He sued his employer on the grounds of
firing him was not valid.
starting on 1 March.
because the reason his employer gave for
c If you are ill and not able to work you should look at your contract to see if you can get
d It is against the law in England for an employer to
his or her age.
e Many employees are worried about
area at the moment.
against an employee because of
because a lot of businesses are closing in this
Exercise 8
Complete the following sentences by using the words from the business law section. a The is the formal way of saying the way in which a new business is created.
b The total of the business is valued at approximately £32 million.
c The business does not have enough money to pay its debts and is
d There will be a next year between two major British chemical companies.
e My friend and I want to start a cleaning business together and we decided that the best thing to do is to
create a
Exercise 9
Complete the following sentences by using the words from the land law section.
a He is a very good
He always pays the rent on time!
b My sister works in the Property department of her law firm. She acts for people who are buying and
selling houses. She is a specialist in
c We don't own our house; we rent it. The somewhere else to live. ends in three months so we will have to find
d He is the
of five houses in this area. He makes a lot of money every month from the rent.
e The price of buy a house. in this part of the country increased a lot last year. It is very expensive to
UNIT 1A VOCABULARY CHECK
land law
landlord
law firm
the law of contract
These are the important words that you have studied in Unit 1A. You should make sure that you know these words before you go on to
Unit 18.
the law of equity and trusts.
the law of tort
lawyer
act for
lease
advocacy
allegation
appear
legal
legal costs
legal practice
litigation
attorney
bailiff
matemnity leave
barrister
matter
to be based somewhere
merge
breach
negligence
capital
no win-no fee
carelessness
obligation
case civil law
owe
to have ownership.
claimant
client
company law
conveyancing
criminal law
partnership
party
plaintiff plead a case
practise
procedure
proceedings
damages
deal with
debt
defendant
to be qualified
discriminate
real estate
dispute
redundancy
divorce
draft
represent
respond
employment law
to have a right
right of audience
family law
formation of a business
serve
sick pay
goods grounds
solicitor
specialise
harm
sue
hear
tenant
immigration law
tort
injured person insolvent
training contract
intellectual property law
unfair dismissal
issue
valid
judgment
will
LESSON 6
THEME: Education. Professional profile. Stages in a person's Education. Online Education.
39 Education
Stages in a person's education
Here are some names that are used to describe the different types of education in Britain.
play-school nursery school
infant school
junior school.
pre-school
mostly play with
some early learning
basic reading, writing
arithmetic, art, etc.
(2-5 years old)
primary
(5/6-12/13)
comprehensive
school or
grammar school
secondary
(12/13-16/18)
wide range of subjects
in arts and sciences and
technical areas
college or
polytechnic or
university
further/higher
degrees/diplomas in specialised
academic areas
(18+)
Note: Comprehensive schools in the UK are for all abilities, but grammar schools are usually by competitive entry. Public schools in the UK are very famous private schools. Polytechnics are similar to universities, but the courses tend to be more practically-oriented. Colleges include teacher-training colleges, technical colleges and general colleges of further education.
Exams and qualifications
take/do/sit/resit an exam pass/ do well in
an exam fail/do badly in an exam
Before an exam it's a good idea to revise for it. lt you skip classes/lectures, you'll probably do badly in the exam, [informal; miss
deliberately]
Some schools give pupils tests every week or month to see if they are making progress. The
school-leaving exams are held in May/June. In some schools, colleges and universities, instead of tests and exams there is continuous assessment, with marks, e.g. 65%, or grades, e.g. A, B+, for essays and projects during the term. If you pass your university exams, you graduate/grædjuest/ (get a degree), then you're a graduate /'grædjust/.
Talking about education
Asking somebody about their country's education system.
C
What age do children start school at?
What's the school-leaving age? Are there evening classes for adults?
Do you have state and private universities? Do students get grants for further education?
Note: A professor is a semor university academic, not an ordinary teacher. University and
college teachers are usually called lecturers or tutors.
Exercises
39.1 Make a table for the various stages and types of education in your country, like the table at A opposite. How does it compare with the UK system and with the system in other countries represented in your class or that you know of? Is it possible to find satisfactory English translations for all the different aspects of education in your country?
39.2
Fill the gaps in this life story of a British woman.
At 5, Nelly Dawes went straight to
..........(1) school, because there were (2) schools for younger children in those days. When she very few....... was ready to go on to secondary school, she passed an exam and so got into her local (3) school. Nowadays her own children don't do that exam, since (4) school. She left school at 16 and did not go most children go to a on to
(5) education, but she goes to.
(6) once a week to learn French. She would like to take up her ..(7) or scholarship from the government. Her ambition is to go to a
education again more seriously, if she could get a
(8) and become a school-teacher.
39.3 Correct the mis-collocations in these sentences.
1 I can't come out. I'm studying. I'm passing an examination tomorrow.
2 Congratulations! I hear you succeeded your examination! 3 You can study a lot of different careers at this university. 4 I got some good notes in my continuous assessment this term,
5 She's a professor in a primary school.
6 He gave an interesting 45-minute conference on Goethe. 7 She got a degree in, personnel management from a private college.
39.4 What questions could you ask to get these answers?
1 No, they have to finance their own studies.
2 There isn't much difference; it's just that the courses are more practical in a polytechnic instead of being very academic.
3 Well, they learn one or two things, like recognising a few numbers, but most of the time they play around.
4 Because I wanted to be a teacher, no other reason. 5 It's sixteen, but a lot of kids stay on until eighteen.
6 Well, I've been up all night revising for an exam. 7 No, ours are given in grades, you know, B+, A, that sort of thing.
8 No, I was ill. I didn't miss it deliberately..
Follow-up: The education system in the USA is a bit different from in the UK. How could you find out what the following terms mean in the US education system?
high-school
college
sophomore
graduate school
HIGHER EDUCATION IN UZBEKISTAN
The main purpose of higher education is to train highly educated, qualitative, competitive specialists who can meet requirements in the development of the science, culture, economics, social spheres of the republic. The management of the higher education system in the Republic of Uzbekistan is carried out by the competent authorities of higher education within the framework of the Cabinet of Ministers and the legislation of the Republic of Uzbekistan.
Higher Education Authority is the Ministry of Higher and Secondary
Specialized Education of the Republic of Uzbekistan.
In Uzbekistan, higher education consists of two stages:
Bachelor degree • Master's degree
Higher educational establishments in Uzbekistan have the following. forms:
.. The institute - fulfills the program of higher education as all higher education establishments, provides information in one direction.
• The University focuses on providing students with large scale knowledge so that they can continue their education in the area of their application or in their subsequent studies;
• Academy - trains students for a specific area in order to continue
their studies, as well as providing higher education in fulfilling their
higher education program;
The creation of non-governmental establishments to have education is allowed by legislation in Uzbekistan.
The total number of higher education establishments in our country is 91. From these, 11 are foreign higher education establishments. The number of students studying in the republic is 337929. Currently, there are 25,418 professors and teachers in the higher education institutions, of whom 2,441 are Doctor of Science, 6,696 candidates of science, 5,009 senior teachers and 11,172 asissents and teachers.
Higher educational establishments in Uzbekistan are beginning to implement the policy of exporting education at their activity. In Uzbekistan higher education institutions have introduced a procedure for admission to foreign students for bachelor's degree excluding from main quota withouttest exams but through interview for the first time. As a result, 1924 foreign students have been enrolled in the 2018-2019 academic year.
Glossary of the lesson:
Education-ta'lim
preschool education- maktabgacha ta'lim
primary schools- boshlang'ich maktablar
secondary schools- o'rta maktab
Higher education - oliy ta'lim
compulsory education - majburiy ta'lim
non-governmental establishments- nodavlat tashkilotlar
academic year-o'quv yili
candidates-talabgorlar, nomzodlar
Synchronous real vaqtda o'qituvchi va talabalar turli xil dasturlar
yordamida internet orqali dars o'tishi Asynchronous- onlayn ta'limning yana bir turi bo'lib talabalar va
o'qituvchilar real vaqtda dars olib bormaydilar, kerakli topshiriqlar beriladi va muddat qo'yiladi.
ONLINE EDUCATION
Online education is a form of education which is delivered and administered using the internet. Online education can be divided into several categories depending on the amount of online learning that is incorporated into the course, ranging from traditional face-to-face learning to blended learning to exclusive online courses. Discover the difference between synchronous and asynchronous online learning and how each impacts the instructor and students.
Online education is a form of education which is delivered and administered using the Internet. Twenty years ago it would have been difficult to imagine high-quality instruction delivered online. But today, in the digital age, it's become a reality. There are over 6 million studentsenrolled in post-secondary courses online. And that number continues to
grow. Now online education or online learning is a broad term.
Traditional education is considered to be on the opposite side of the spectrum. But in many cases elements of both can be integrated into a course. Let's take a look at some terms which represent the degree to which online resources are integrated. First, we have traditional face-to face learning, in which there are no online components. Often, however, instructors in face-to-face courses will utilize the Internet to some degree to share resources and provide learning opportunities outside of the classroom. This is considered web-facilitated learning.
Recently, a hybrid model has surfaced, which engage the students in a significant face-to-face component of the course, but also requires online instruction as well. This is known as blended learning. And then there is online learning, in which everything is done online and there's little to no face-to-face instruction. All aspects of the course are done online, including: the sharing of resources, discussions, accessing and submitting assignments, administering assessments and delivering feedback.
In this course we'll be focusing on online instruction, although the principles within the course can apply to most of these models. Now, online education can be broken down further, for example, in the synchronous versus asynchronous learning
Synchronous refers to the learning in which the instructor and students are interacting in real time. Obviously a face-to-face course is synchronous, but there are synchronous online courses as well, in which classes will meet through live chat or through videoconferencing.
And then there is asynchronous learning, which is when the instructor and students do not meet in real time. Resources and activities are accessed and completed online, when is convenient for the individual who's taking the course. There are varying levels of asynchronous learning as well. For instance, this course that you're watching right now is completely asynchronous. We're not meeting face-to-face and there also isn't a time factor or time restriction. In other words, you don't have to complete certain chapters and assignments by certain due dates. Most online courses through a secondary or post-secondary program will not meet face-to-face but there will be set due dates and deadlines.
Also there are often times in which a course maybe primarily asynchronous, however once in a while the instructor requires the students to meet together using a video-conference or a live discussion forum, making it slightly synchronous. Most online courses are asynchronous in nature, because this method maximizes the flexibility that online instructionprovides. However, these are some of the factors you'll have to determine when creating your online course.
Online Education
Being an educated person does not mean to graduate from the University, but it is much more prestigious and helps to get a well-paid job. People do not have enough time for studying or they want to take courses for their professional development in different countries at the same time; there is a number of disabled people, but they still want to study. These facts make online education more and more popular all over the world.
But the question is "Is an online education just as legitimate as a traditional education?"
The process of applying and being admitted to the higher educational institution varies somewhat depending on whether you are a freshman, a transfer student or an international student. You may find out about the admission details using a University web site, filling in an application form or contact an Admission Department. Also you need to study the information about admission requirements, instructions for applying admissions and scholarships or grants, price and accommodations. What is very important about traditional education is visiting campus. It is the best way to satisfy your curiosity about studying at University from the first -hand.
Talking about an online education there are some tricky things that you need to be aware of.
Reputation and Standards
When you are choosing a University or any other educational institution, make sure it is a reputable one with standards set by the government and educational sector. For this purpose you may use CHEA (Council for Higher Education Accreditation). It is an association of 3,000 degree-granting colleges and universities and it recognizes 60 institutional and programmatic accrediting organizations all over the world. Also you may find a list of recognized accrediting organizations.
Online Courses
For the professional development adults and youth can take certified online courses. Being a teacher of English language was interested in teacher training courses. I have succeeded in finding a wide range of online training courses for teachers at all stages in their career. You may choose a self study, moderated or blended courses with flexible study schedules.
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