3 Examples Bona Fide Occupational Qualification Can Legal Use

The practice of law
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Bodies of law

1. Read the excerpts below from the course catalogue of a British university's summer-school programme in law and answer these questions.

1. Who is each course intended for?

2. Which course deals with common law?

3. Which course studies the history of European law?

A LAW 121: Introduction to English law This course provides a general overview of English law and the common-law system. The course will look at the sources of law and the law-making process, as well as at the justice system in England. Students will be introduced to selected areas of English law, such as criminal law, contract law and the law of torts. The relationship between the English common law and EC law will also be covered. The course is designed for those international students who will be studying at English universities later in the academic year. Other students with an interest in the subject are also welcome to attend, as the contact points between English law and civil law are numerous. The seminars and all course materials are in English.

^ More individuals in the world solve their legal problems in the framework of what is called the civil-law system than in the Anglo-Saxon case-law system. This course will introduce students to the legal systems of Western Europe that have most influenced the civil-law legal systems in the world. It aims to give students an insight into a system based on the superiority of written law. The course will cover application and development of Roman law in Europe to the making of national codes all over the world. The course is intended to prepare students who are going to study in a European university for the different approaches to law that they are likely to face in their year abroad.

2. Match these bodies of law (1-3) with their definitions (a-c).

^	a area of the law which deals with crimes and their punishments, including fines and/or imprisonment (also penal law)
2 common law	b 1) legal system developed from Roman codified law, established by a state for its regulation; 2) area of the law concerned with non-criminal matters, rights and remedies
^	c legal system which is the foundation of the legal systems of most of the English-speaking countries of the world, based on customs, usage and court decisions (also case law. judge-made law)

3. Complete the text below contrasting civil law, common law and criminal law using the words in the box.

based on bound by codified custom disputes legislation non-criminal precedents provisions rulings

The term 'civil law' contrasts with both 'common law' and 'criminal law'. In the first sense of the term, civil law refers to a body of law 1).........................written legal codes derived from fundamental normative principles. Legal 2).......................... are settled by reference to this code, which has been arrived at through 3)........................... Judges are 4)..........................the written law and its 5)........................... In contrast, common law was originally developed through 6).........................., at a time before laws were written down. Common law is based on 7).......................... created by judicial decisions, which means that past 8)..........................are taken into consideration when cases are decided. It should be noted that today common law is also 9).........................., i.e. in written form. In the second sense of the term, civil law is distinguished from criminal law, and refers to the body of law dealing with 10)..........................matters, such as breach of contract.
4. Which body of law, civil law or common law, is the basis of the legal system of your jurisdiction?
Types of laws

The word law refers generally to legal documents which set forth rules governing a particular kind of activity.
5. Read the following short texts, which each contain a word used to talk about types of laws. In which kind of document do you think each appeared? Match each text (1-5) with its source (a-e).

1. The new EU Working Hours Directive is reported to be causing controversy amongst the medical profession.

2. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be.

3. The purpose of this Ordinance is to regulate traffic upon the Streets and Public Places in the Town of Hanville, New Hampshire, for the promotion of the safety and welfare of the public.

4. These workplace safety and health regulations are designed to prevent personal injuries and illnesses from occurring in the workplace.

5. Mr. Speaker, I am pleased to have the opportunity to present the Dog Control Amendment Bill to the House. It is a further milestone in meeting the changing expectations we have about what is responsible dog ownership.

Note : Ordinance – (UK) by-law/bye-law

a) court ruling

b) local government document

c) newspaper

d) parliamentary speech

e) brochure for employees
6. Find words in Exercise 5 which match these definitions. Consult the glossary if necessary.

1. rules issued by a government agency to carry out the intent of the law; authorised by a statute, and generally providing more detail on a subject than the statute

2. law enacted by a town, city or county government

3. draft document before it is made into law

4. legal device used by the European Union to establish policies at the European level to be incorporated into the laws of the Member States

5. formal written law enacted by a legislative body
7. Complete the sentences below using the words in the box.

bill directive ordinance regulations statutes

1 The Town Council will conduct a public hearing regarding a proposed ..........................concerning property tax.

2 According to the..........................concerning working time, overtime work is work which is officially ordered in excess of 40 hours in a working week or in excess of eight hours a day.

3 Early this year, the government introduced a new..........................on electronic commerce to Parliament.

4. A number of changes have been made to the federal..........................governing the seizing of computers and the gathering of electronic evidence.

5. The European Union.......................on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data.
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There are several ways to refer to what a law says. Look at the following sentences: The law stipulates that corporations must have three governing bodies. The law provides that a witness must be present. The patent law specifies that the subject matter must be 'useful'. These verbs can also be used to express what a law says: The law states / sets forth / determines / lays down / prescribes that ...

8. Choose a law in your jurisdiction that you are familiar with and explain what it says using the verbs listed in the box above.
Types of courts

Courts can be distinguished with regard to the type of cases they hear.

9. Match each of the following types of court (1-9) with the explanation of what happens there (a-i).

^ (or court of appeals, appeals court)	a This is where a person under the age of 18 would be tried.
2 crown court	b This is the court of primary jurisdiction, where a case is heard for the first time.
^ (or supreme court)	c This is where small crimes are tried in the UK.
4 juvenile court	d This is where law students argue hypothetical cases.
^ (or court of first instance)	e This is where a case is reviewed which has already been heard in a lower court
6 magistrates' court	f This is where cases involving a limited amount of money are handled.
^	g This is where serious criminal cases are heard by a judge and a jury in the UK.
8 small-claims court	h This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes.
9 tribunal	i This is usually the highest court in a jurisdiction, the court of last resort.

Speaking 2: Civil court systems

10. Work in small groups.

1. Describe the different types of court in your jurisdiction and the areas of law they deal with.

2. Select one type of court in your jurisdiction and explain what kinds of cases it deals with.
Persons in court

11. Complete this diagram with the words and definitions below (a-f).

a. expert witness

b. appellant

c. person who is sued in a civil lawsuit

d. officer of the court whose duties include keeping order and assisting

e. person who pleads cases in court

f hypothetical person who uses good judgment or common sense in handling practical matters; such as person's actions are the guide in determining whether an individual's actions are reasonable
12. Read about documents in court and answer these questions . A lawyer tells a client about some of the documents involved in his case.

1. What claim has been filed against the client?

2. Will the case go to trial?
Lawyer: Well, maybe I should start by explaining how things work. You say that a writ has been served on you, informing you that an action has been filed against you for breach of contract. Is that right?

^ : Yes, I got that yesterday.

Lawyer: OK. That means that a complaint against you has already been filed with the court. Our next step will be to draft an answer to this complaint.

Client: How does that work?

Lawyer: In order to be able to draft an answer, I'll need information from you - facts, documents and the like - so that I can begin preparing your defence. Of course, we'll then also have to start building up evidence to support your defence. For example, we may wish to get affidavits - sworn statements - from potential witnesses supporting the statements you've made in your defence.

^ Right. What happens next?

Lawyer: Well, it depends on how we wish to proceed. We should try to have the case dismissed as soon as we can. This'll require filing motions. We'll also have to draft motions clarifying our legal position, which we'll then submit to the court.

^ I see. Do you think there'll be a trial?

Lawyer: That's hard to say exactly.

Client: Um, if there is a trial, when will it take place?

Lawyer: When the time comes, the court'll issue a notice to inform us of the date and time of the hearing.
13. Match these documents (1-9) with their definitions (a-i).

1. affidavit	a) a document informing someone that they will be involved in a legal process and instructing them what they must do
2. answer	b) a document or set of documents containing the details about a court case
3. brief	c) a document providing notification of a fact, claim or proceeding
4. complaint	d) a formal written statement setting forth the cause of action or the defence in a case
5. injunction	e) a written statement that somebody makes after they have sworn officially to tell the truth, which might be used as proof in court
6. motion	f) an application to a court to obtain an order, ruling or decision
7. notice	g) an official order from a court for a person to stop doing something
8. pleading	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
9. writ	i) the principal pleading by the defendant in response to a complaint

14. Look through 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 
15. Match each verb used by the lawyer (1-5) with its definition (a-e).

^ to draft a document	a to deliver a legal document to someone, demanding that they go to a court of law or that they obey an order
2 to issue a document	b to produce a piece of writing or a plan that you intend to change later
3 to file a document with an authority	c to deliver a document formally for a decision to be made by others
4 to serve a document on someone (or to serve someone with a document)	d to officially record something, especially in a court of law
5 to submit a document to an authority	e to produce something official

16. Decide which of nouns in Exercise 13 can go with these verbs. The first one has been done for you.

1. draft an answer, a brief, complaint, a motion, a. pleading

2. issue

3. file (with)

4. serve (on someone)

5. submit
Legal Latin

Lawyers use Latin words and expressions when writing legal texts of every kind, from statutes to emails.

17 . Read the text about Legal English and answer the questions.

1. 
   What way legal writing in English is characterized by?
   
2. 
   What do characteristics of legal writing include?
   
3. 
   What has encouraged the use of English rather than Latin in the English justice system?
   
4. 
   What do a number of linking terms used in older written legal texts refer to?
   

Legalese

Legal Language

Legal writing in English has developed over hundreds of years and is characterised by specific features, some of which can make it difficult for the non-lawyers to understand. Characteristics of legal writing include: using Latin terms; using technical terms ("subsidiarity"); using old-fashioned words not much in general use; using pair of words with reciprocal relationship ('lessor'/'lessee'); using legal jargon ('without prejudice to') including the use of pairs of words ('terms and conditions'), or triplets ('build, erect or construct'); having special meanings for words in ordinary use ('the judge determined the fact of the case'), where 'determined' means 'decided'; using vague words ('provide a sufficient service'); using long sentences with little punctuation; inverting word order ('title absolute'); using capital letters to signal important or defined terms ('the terms of the Lease…') avoiding personal pronouns ('you', 'we', 'I'); the specific use of the modal verb 'shall' to impose an obligation or duty on someone ('The tenant shall not sub-let the whole or part of the premises.'); the use of 'shall' in a directory sense ('Notice of an appeal shall be filed within 28 days.')

There is a movement to draft legal text in standard, modern, 'plain' English but any change will be slow.

Note : Some legal drafters argue that the use of 'shall' in a directory sense is to be avoided because of confusion. Note also the general English use of 'shall' to refer to future intentions ('I shall write to him'), although this use is increasingly uncommon.

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There are many legal terms in written English legal texts, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English use (e.g. ad hoc, bona fide, pro rata, etc.). It is useful to be able to recognize their meaning and a dictionary or online glossary will help. Forms of pronunciation vary.

ad hoc –	for this purpose	in situ –	in its original situation
affidavit –	witnessed, signed statement	inter alia –	among other things
bona fide –	in good faith	ipso facto –	by the fact
caveat –	warning	per pro –	on behalf of another
de facto –	in fact	per se –	by itself
de jure –	by right	prima facie –	at first sight
et cetera (etc.) –	and so on	pro rata –	in proportion
exempli gratia (e.g.) –	for example	quasi –	as if it were
ex parte (ex p.) –	by a party without notice	sub judice –	In the course of trial
id est (i.e.) –	that is	ultra vires –	beyond the power
in camera –	hearing a case in private	videlicet (viz) –	namely
in curia –	in open court

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A number of linking terms are used in older written legal texts (case reports, legislations, court documentations, contracts, etc.) to refer to other parts of the same text, to different legal documents, or to related contexts.

the aforementioned / the foregoing –	set out above / written above	notwithstanding –	despite
the undermentioned	set out below / written below	thereafter –	after that
hereafter –	after this –	thereby –	in that way / by that
hereby –	in this way / by this	therein –	in that (document)
herein –	in this (document)	thereof –	of that
hereof –	of this	thereto –	to that
hereto –	to this	therewith –	with that
herewith –	with this

^ . The following excerpt is from the legal document known as an 'answer'. It was submitted to the court by the defendant. Underline the common Latin words and phrases in the text. Do you know what they mean?

The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot be determined whether the contract sued on is written, oral or implied by conduct. The complaint alleges breach of contract as follows: 'At all times herein mentioned, plaintiffs were a part [sic] to the Construction Contract, as well as intended beneficiaries to each sub­contract for the construction of the house. In light of the facts set out above, defendants, and each of them, have breached the Construction Contract.' On its face, the claim alleges only that defendants 'breached the Construction Contract'. But LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its breach. See e.g. GSI Enterprises, Inc. v. Warner (1993).

19. Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h).

1. ad hoc	a thus {used after a word to indicate the original, usually incorrect, spelling or grammar in a text)
2. et alii (et al.)	b for example {used before one or more examples are given)
3. et cetera (etc.)	c for this purpose {often used as an adjective before a noun)
4. exempli gratia (e.g.)	d against (versus is abbreviated to 'v.' in case citations, but to 'vs.' in all other instances)
5. id est (i.e.)	e and others {usually used to shorten a list of people, often a list of authors, appellants or defendants)
6. perse	f and other things of the same kind {used to shorten a list of similar items)
7. sic	g by itself {often used after a noun to indicate the thing itself)
8. versus (vs. or v.)	h that is {used to signal an explanation or paraphrase of a word preceding it)

21. Match each Latin term (1-10) with its English equivalent (a-j).

1	de facto	a among other things
2	ipso facto	b per year
3	inter alia	c number of shareholders or directors who have to be present at a board meeting so that it can be validly conducted
4	per annum	d in fact
5	pro forma	e of one's own right; able to exercise one's own legal rights
6	pro rata	f proportionally
7	quorum	g by that very fact itself
8	sui juris	h as a matter of form
9	ultra vires	i as follows
10	videlicet (viz.)	j beyond the legal powers of a person or a body

3 Examples Bona Fide Occupational Qualification Can Legal Use

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