SOURCES OF LAW: COMMON LAW PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW SOURCES OF LAW: COMMON LAW

 

A Common law in the UK Penny Arkwright practises in the High Court. She is speaking at an international convention for young lawyers. ‘The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts. B Law reports   ‘The development and application of the common law system pivots upon the existence of the comprehensive system of reporting cases. The Law Reports, published annually by the Council of Law Reporting, are perhaps the most authoritative and frequently cited set of reports, differing from other series of law reports, such as Butterworth’s All England Law Reports (AII ER) or specialist reports like Lloyds Law Reports, in that they contain summaries of counsel’s arguments and are revised by the judge sitting in each respective case before publication. EXERCISES 3.1 Penny Arkwright is talking about her experience of court cases to a Russian colleague. Replace the underlined words and phrases with alternative words and phrases from A and B opposite. Pay attention to the grammatical context. There is more than one possibility for one of the answers 1 The courts are compelled to apply the precedent set by a higher court. 2 During the court case the judge will evaluate all the evidence and the legal issues. 3 Judges are required to follow the ratio, or reasoning, in relevant previous decided cases. 4 However, the judge may note a case cited as precedent by counsel as materially different  from the one at trial. 3.2 Complete the table with words from A, B and C opposite and related forms. Put a stress mark in front of the stressed syllable in each word. The first one has been done for you. 3.3 Penny is working with a trainee barrister. Complete her sentences with appropriate words from the table above. 1 Well, that decision of the Appeal Court is going to be __________ on the case we’ve got at trial just now. 3 Can you check the case __________? I think the year’s wrong.

ANSWER KEY