Pursuant to Islamic practice, once a wrong has been committed, a ritual forgiveness ceremony, a sulha may be performed. Phrase Bank These rules have been established by custom. According to military custom, flags should be folded in a triangular shape when not in use. It was a custom in the 1940s for men to wear a hat. It's the custom of men in my country to marry one woman. This is established custom in the industry. Common law can be said to be the law of custom of the English courts. The mode
1. a long-established and generally unwritten practice often recognised as having the force of law 2. unwritten rules that are a traditional and widely accepted way of how things should be done in a particular society or place
My client strongly disputes Mr DeCarrico's version of events. He disputed the arrangements, which he thought were inadequate.
1. to question whether a statement or allegation is true; to argue that a statement or allegation is not true 2. to disagree or argue about something 3. a conflict or disagreement; a controversy which may result in a lawsuit or other legal process
Tenants have additional rights under the new legislation. Phrase Bank The proposed legislation is unpopular. Courts are often asked to interpret legislation. Parliament recently passed securities market legislation based on the EU Directive.
laws made by a lawmaking body, such as Parliament or Congress
The police had completed an investigation and no criminal offences were found. A Ukrainian judge opens a criminal case against President Kuchma, after opponents say he violated 11 articles of the criminal code. Many candidates are facing criminal charges. See one of the ways we help the police to solve criminal cases. The US will examine how other jurisdictions deliver criminal justice. The Criminal Records Bureau does background checks. I never did any criminal work when I was practicing full t
1. relating to a crime or to criminals (=people who commit crimes) 2. relating to criminal law as opposed to civil law
criminal investigation proceedings Department of Justice's Criminal Division criminal trial criminal penalties criminal court
She said the Family X case had helped set a precedent for the way children should be represented in court. There is no precedent in international development for the challenge the world now faces in Africa.
1. a past decision in a legal case that may be or must be (=binding precedent) followed in future similar cases 2. an earlier event, action, situation or decision used as a guide to be considered in similar circumstances
The case had a very optimistic and successful outcome and it set a precedent in the High Court. This would have set a dangerous precedent. There was a federal court precedent for this. The ruling does not a binding precedent. The judge cited many precedents in his ruling. established precedent strong precedent judicial precedent legal precedent
According to the provisions of section 19 of the Act, all interested parties must provide notice to the Court within 30 days. A licence will be required for the provision of public entertainment at such premises.
1. a statement in a contract or a law that a specific thing must happen or be done 2. an arrangement to deal with something; an arrangement to make something available
The lawyers were negotiating a particular provision in the agreement. The new legislative provisions do not apply to this situation. The seller was in breach of the contractual provisions relating to delivery of the goods.
The ruling applied only to the defendant’s evidence. 2. In a 5-4 ruling, the Supreme Court announced that the controversial procedure was in fact lawful.
1. a type of legislation passed by the European Parliament and the Council of the European Union and binding on EU member states; the mutually binding collective decision made by the EU member states, acting through their national Government Ministers in the Council of the European Union and the Parliament 2. instructions, guidelines, decisions, rules and regulations etc issued by an official body that outline how to perform an action or to reach a target. These may or may not be binding.
The new EU directive is part of a wide-ranging package of policies. Bush signed the directive. The directive was not strictly followed. The directive came into force. a congressional directive to adopt a directive
1. The Department of Immigration has issued new regulations regarding the granting of temporary residence permits. 2. n accordance with Article 8 of Directive 2005/32/EC, this Regulation should specify the applicable conformity assessment procedures. 3. People using these services rightly rely on effective regulation to help safeguard their interests.
1. a rule (usually issued by a government agency or established authority) that has the force of law 2. EU rules that take direct effect on EU member states (=rules that are binding on EU member states without those states having to pass any national legislation) 3. the action of regulating something (=checking or controlling something)
In 1995, Congress passed the first major law to tighten lobbying regulation in 49 years. Neither the state nor the federal government regarded the regulation of markets as part of its duties.
A city ordinance prohibited the private use of guns within city limits.
a piece of codified law passed by a legislative body, rather than uncodified derived from custom, books of authority and cases tried in court etc
Legal powers derive either from statute or from common law: the legislature and the courts are the only sources of law recognized in the English legal system. The statute requires a plaintiff to report intentional acts of discrimination within 180 days. In theory a statute could do no more than declare existing law.
means to agree to something. This sense of the word is often used by lawyers in litigation when agreeing to accept a fact without requiring it to be established by proof.
The guidelines stipulate rules for inter-state transfers. The parties stipulated to the need for a protective order. The parties may stipulate in advance to submit any disputes for resolution within a particular jurisdiction. The agreement does not stipulate a definite period within which debts should be settled.
1. The parties stipulated that their briefs would be filed by March 31. 2. The contract stipulates that payment must be made by 31 December 2010.
a law court in England or Wales that hears criminal cases
They were cleared of all charges at Teesside Crown Court. In March, Southwark Crown Court's Lord Justice Thomas presided in a corruption case. He will stand trial in Reading Crown Court. London's Southwark Crown Court ruled that Johns was guilty. That was noted in Crown Court's brief to the 3rd Court. Almost 70, 000 Crown Court cases each year could be heard in magistrates' courts. These cases need to be sent to full trial at crown court. This is a typical crown court room. A 23-year-old man has
high court (or supreme court)
A convicted child murderer from Lancashire has appeared before the High Court to appeal for UK prisoners to have the right to vote.
(ENGLAND AND WALES) a court system based in London and comprising three divisions (the Chancery Division, the Queen's/KIng's Bench Division and the Family Division) of both original and appellate jurisdiction. Most of its work deals with civil cases, but it occasionally hears criminal cases as well.
Cases in the High Court are heard by a single judge. She is a judge of the High Court. There was a protest at the High Court over the decision to extradite the suspect. The clerk's office provides administrative services for the High Court.
Despite the fact that around half Pakistan's population is under 18, the country has only one juvenile court.
The first instance court rejected the proposal to say it wasn't consistent with Parliament Act. An exclamation mark cannot be registered as a trademark, the European Court of First Instance has ruled. The court of first instance sentenced Laylaz to a nine-year jail term.
Murder, arson and rape all start off in the magistrates' court but are very quickly transferred to crown court.
an activity, especially one held at a law school, where participants compete by writing briefs (=a written summary of the facts and legal points that will be used in court to support one side in a case) and presenting oral arguments before a pretend court
The BBC developed a drama in a moot court format. The Law Center stages moot court practices for advocates. Sixteen moot court programs competed in the tournament. She judged him in a moot court competition.
Claims of up to £1,000 can be made in the small claims court.
a special court set up to try a particular case or a particular type of case
We will establish an additional appeals tribunal. There are five commissioners on the tribunal. The European Court of Justice qualifies as a tribunal. You may apply to a tribunal. A UN war crimes tribunal foreign tribunal arbitral tribunal industrial tribunal a fair and impartial tribunal
The defendant denies that he was driving the car at the time of the accident.
a person against whom an action or a prosecution is brought in court
In both the US and the UK, the responding party is called the defendant. The defendant can explain his version. The defendant has been found guilty. The jury found for the defendant on all counts. The court heard expert testimony about the criminal defendant's competence (=ability) to stand trial.
reasonably prudent person
With regard to negligence liability, all directors must exercise the care of a reasonably prudent person. He thought the doctor should be liable where the risk is such that a prudent person, in the patient's position, would have regarded it as significant. 'It was reasonably foreseeable by a reasonably prudent person that, if he smoked, he risked damaging his health', the judge added.
if you act in the way a prudent person would then you behave in the same way that you would expect of a normal, reasonable person under the same or similar circumstances
The prudent person is a legal fiction that represents an objective standard against which any person's conduct can be measured. It is used to determine if a breach of the standard of care has occurred once a duty of care has been proven. Under the prudent person standard, each person owes a duty to behave as a prudent person would under the same or similar circumstances.
He is a very efficient law clerk. 2. He left school at 16 to work in a solicitors' office as a clerk.
1. someone in charge of the records or accounts in an office, court or official body 2. (US) someone whose job is to deal with customers in a shop; someone whose job it is to help people when they arrive at or leave a hotel
The court clerk's office would not remain open past 5 p.m. The trial court's was filed with the clerk. Jackson also served as a law clerk to three federal judges. A year in the life of a supreme court clerk. A sheriff clerk is facing jail after stealing from the Scottish Court Service. The Reading Clerk sits in the House of Lords and assists the Clerk of the Parliaments in the performance of his duties. Mr Walton was a clerk for a solicitor's firm.
Hayrat is representing the company but his father has come along with him as his advocate.Cf. barrister) I won't be meeting my advocate again until just before the trial. He was an advocate of equal rights for women.
1. a general term for a lawyer, especially a defence lawyer 2. (SCOTS LAW) a lawyer who represents a client in court 3. someone who strongly and publicly supports or speaks in favour of someone or something, especially in favour of a particular public plan or action
The plaintiff moved for summary judgment. The law allows the claimant to recover substantial damages from the defendant. The plaintiff proved her case in the District Court and thus became the respondent when the defendant appealed the matter to the Court of Appeal.
Mr Justice Stephens is a judge with over two decades of Chancery Division experience.
a person holding the expertise necessary to be qualified as an expert for the purpose of assisting the trier of fact with relevant technical information
He has testified as an expert witness in over 500 cases. They have an archive of trial transcripts of expert witness testimony. She has served as an expert witness on environmental litigation. The professor testified as an expert witness in the matter.
Lawyers representing the appellant have now lodged papers appealing against both convictions with the Court of Appeal.
party taking an appeal to another court or jurisdiction
The appeal was argued by Bill Smith QC for the appellant Mr. White. The appellant challenged a specific provision of the Act that prevented it from providing service. The Court of Appeal allowed an appeal by the appellant. In the first case, the appellant was a serving police officer who was charged with obtaining property by deception. Decision: the appellant submitted that a community service order was inappropriate in the circumstances, and that the order which was made was excessive.
In an affidavit presented at the hearing, the auditor calculated that Hammersmith could lose £74m
a written statement that you swear is true, and which can be used as evidence in court
The plaintiff's attorney filed the employee's affidavit with the court. She was required to swear an affidavit. The affidavit states that the defendant was in the restaurant at the time of the murder. The affidavit must contain the witness's name and address.
The defendant's answer failed to set forth the denial to each allegation made in the complaint.
something that you say as a reply to a question that you have been asked or an allegation (=a statement that has not (yet) been proven to be true) that has been made against you
Clearly, the jury did not believe the defendant's answer to the question. We are awaiting an answer from the company as to whether they want to proceed in the matter. Cohen also filed an answer to the second amended complaint. The defendant's answer is dated 31 days after service. The associate was assigned to draft the answer to the complaint. The judge, annoyed at the witness' evasions, told him to give a straight answer to the question.
His solicitor went through the brief with his barrister before the trial. 2. We'll get you the best brief money can buy.
1. a document or set of documents containing arguments or details about a court case 2. (UK SLANG) a barrister (=an English lawyer who represents clients in court, instructed by a solicitor)
I filed a brief with the Court today. The Governor recently filed a friend-of-the-court brief asking the Court to strike down the law. The law firm filed an amicus (= friend of the court) brief with the US Supreme Court. XYZ Corp began its appellate brief by arguing that appellee's evidence in the case was irrelevant.
a court order preventing a person from doing something, ordering a person to stop doing something or ordering a person to carry out some action
The injunction was granted against the defendant. The city obtained an injunction yesterday. The company sought an injunction to postpone the launch of the product. The court issued an injunction preventing him from being a director of a public company for five years.
1. The motion to dismiss the action was scheduled to be heard on Tuesday morning. 2. A motion was made to adjourn the meeting.
1. an application made to a court or judge in relation to a particular issue during a lawsuit to order the other party to do something or to not do something 2. the formal manner in which a shareholder of a company or a member of an organization submits a proposal for action by the organization
Defendant made a motion to amend the complaint. The motion was granted. 'Motion denied!' Another shareholder seconded the motion.
1. Swedish legislation allows companies to serve notice of meetings electronically. 2. "Didn't you see the notice?" 3. He took no notice of me.
1. formal information or a warning about something that is going to happen 2. a formal written or printed statement that gives information or a warning to people 3. when you give or pay attention to someone or something
The deadline for filing notices of appeal is set forth in the court rules. A timely notice of motion to claim attorney fees shall be submitted. He was presumed to know about the sale although he never received actual notice. to give notice notice is required. public notice. advance notice until further notice hand in (your) notice give (your) notice without notice. sufficient/reasonable notice. fourteen days' notice notice of
That issue was not raised in the pleadings and cannot now be argued in court.
a document submitted to the court by each party to a lawsuit giving notice of what they will argue during the trial
The judge dismissed the case based solely on the pleadings. The amended pleading was served on the defendant. In this case, the pleadings consist of the complaint, the answer, a counterclaim and the reply to the counterclaim.
1. The writ alleges more than £1m was claimed for bogus work allegedly carried out over the six years. 2. A landlord who prevails in an eviction suit is entitled to a writ of possession.
1. a legal document that tells a person about a lawsuit that has been filed against them, including details of the claim and when and where the case will be held 2. an official document that tells someone to do something or to stop doing something (eg: injunction)
The high court granted his petition for writ of certiorari (=permission to appeal). The defendant may file multiple writs. They may seek several types of writs from appeals court judges. Most writs require advanced legal knowledge. The court adjudicates writs more quickly than regular appeals. The court will dismiss those writs immediately. writ of habeas corpus. writ of mandamus.
draft a document = draw up
Senator Smith drafted the new Electronic Signatures Act.
The bill (=proposed law not yet passed) was drafted by a Member of Parliament. The law firm drafted the contract in accordance with the client's wishes. The email was first drafted by an associate before being reviewed by a partner.
issue a document
The Department of Health issued the guidelines after a legal case by the Family Planning Association.
to give a legal document to someone telling them that they must go to court or obey a court order
The other party did not serve him with an expert report. You must know where to serve that summons. A party may serve upon another party a demand for payment. File a certificate of actual readiness with the court and serve a copy on the defendant's attorney. Based upon their failure to serve properly their case was dismissed. The defendant was served by certified mail. The demand was improperly served.
1. to suggest something, often to another person who will then make a decision 2. to allow another person, group or institution to have authority over you; to accept something without really wanting it 3. to suggest or argue something in a legal action
The budget was submitted for approval. The lawmakers were requested to submit proposals. You can submit a complaint to the court. Pakistani police have submitted a report on a private drug rehabilitation 'prison' to the Supreme Court.
Until now, international tribunals have been established on an ad hoc basis.
arranged, set up or done for a particular purpose, situation or case, often with little or no planning or preparation
The panel will meet on an ad hoc basis as required. The funding and services have developed ad hoc. The committee was formed ad hoc to deal with the issue. Government attempts to reform the UK constitution risk failure if they are ad hoc and piecemeal.
et alii (et al.)
To bolster her case she relied on Bob Smith et al v. Giganticus Ins. et al.
and others (an abbreviation of the less common et alii)
I am not a big modern/contemporary fan i. e Nigel Osborne, Maxwell Davies et al. nThe data reported by Smith et al was not reliable Let's make it safer before we tell students et al to come and live here.
et cetera (etc.)
This will affect people claiming Employment and Support Allowance, Incapacity Benefit, etc.
"That is (to say)" in the sense of "that means" and "which means", or "in other words", or sometimes "in this case", depending on the context; may be followed by a comma, or not, depending on style (American English and British English respectively). It is often misinterpreted as "in example". In this situation, e.g. should be used instead. There should be a period (.) after both letters, since it is an abbreviation of two words.
1. He will likely be charged with the per se offense of driving while intoxicated, or an equivalent per se offense. 2. The mere threat of action does not per se constitute duress (=unlawful pressure).
as a matter of form; a term applied to documents that need to be completed as a formality or to practices that are done as a formality
A copy of the Company's pro forma balance sheet as of January 31, 1998 is attached The law firm had a number of pro forma agreements for this type of thing. Net profits more than doubled to $320m on a pro forma basis. A pro forma invoice may be sent before goods are delivered.
Scotland has seventy-two Members of Parliament; pro rata with England it should have only fifty-eight.
in proportion or proportional, e.g. in proportion to their ownership of stock
If he quits earlier, he gets a pro rata portion of the bonus. The bank's shareholders received a pro rata interest in the stock. On a pro rata basis, we have more people in prison than any other country. Income is distributed pro rata to the total debt owed.
There must be a quorum of 6 members to hold a monthly meeting.
the number of people that must be present at a meeting before it can officially begin and before it can make any official decisions
The meeting could not be held because we did not have a quorum. There were not enough members present to constitute a quorum. The chairperson established that a quorum was present and called the meeting to order at. 9:05 a.m. There are enough shareholders present to make up a quorum.
(UK & COMMONWEALTH) a lawyer that is allowed to plead for a client in the lower and higher courts (NB a solicitor is only allowed to plead for a client in the lower courts, although it is far more common for a barrister to plead and for a solicitor to instruct the barrister)
Inns of Court
Barristers are debating whether to admit solicitors into their historic Inns of Court.
The four legal societies in London that control admission to the English bar. Every barrister in England and Wales (and those judges who were formerly barristers) must belong to one of these four professional associations.
The Bar Vocational Course (usually termed the BVC) is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practise as a barrister in England and Wales. The ten institutes that run the BVC along with the four Inns of Court are often collectively referred to as 'Bar School'. This vocational stage is the second of the three stages of legal education, the first being the academic stage and the third being the practical stage, i.e. pupillage. No person can practise a
The Call to the Bar is a legal term of art in most common law jurisdictions. Like many other common law terms, it originated in England in the Middle Ages, and the call to the Bar refers to the royal summons issued to one found fit to serve at the 'bar' of the royal courts, at the monarch's pleasure. Such jurisdictions distinguish two types of lawyers:
You will be appointed as a crown prosecutor upon successful completion of pupillage.
(UK and Commonwealth) a qualified lawyer who works at a law firm and who generally deals with non-contentious work or preparing cases for hearings, but who cannot appear as an advocate in the higher courts
In the United Kingdom, Australia, Hong Kong and certain other English common law jurisdictions, a trainee solicitor is a prospective lawyer undergoing professional training at a law firm to qualify as a fully-fledged solicitor. This period of training is known as a training contract and usually lasts for two years. The barrister's equivalent would be twelve months' pupillage under a pupilmaster, in barristers' chambers.
The degree awarded to an individual upon the successful completion of law school.n. the law degree granted upon graduation by many university law schools with accepted high standards of admission and grading. This often supersedes the Bachelor of Laws in recognition that the law curriculum entitles a person to a graduate degree.
Many law firms are scaling down their summer associate programs. New associates are assigned to a practice group, based on the firm's needs and the associate's preferences. The firm cut associate salaries by 10 percent. Many associates join the firm without much experience. The associate found the work chalenging.
She joined the Solt & Partners Law Office in 1999 and became full partner in 2001.
They have been talking about making me a full partner. Joe Smith became a full partner in 2007. Once you become a full partner at the firm, you pay your own benefits. The firm should cleary explain what it means to be a full partner.
Paralegal (US) legal assistant
She's a paralegal and works for a firm of solicitors in Swansea.
a non-lawyer who help lawyers in their legal work, often with some form of specialised legal training; an employee of a law firm who assists lawyers with various tasks but is often not qualified as a lawyer
The duties of paralegals who work in the public sector usually vary by agency. She studied for 2 years before becoming a certified paralegal. As a paralegal he does most of his work in the office and law library. The former paralegal became a lawyer at the firm. She worked part-time as a paralegal. He took a paralegal course through the mail. Paralegals are generally not qualified to give advice, their role should be restricted to providing support to qualified lawyers.
o direct or control the use of; handle: manage a complex machine tool. 2. a. To exert control over: "Managing the news ... is the oldest game in town" (James Reston). "A major crisis to be managed loomed on the horizon" (Time). b. To make submissive to one's authority, discipline, or persuasion. 3. To direct the affairs or interests of: manage a company; an agency that manages performers. See Synonyms at conduct. 4. To succeed in accomplishing or achieving, especially with difficulty; contrive
is/are responsible for
They can be held legally responsible for damages arising from defective products.
to describe something that has happened, either in words or in writing
We have been reporting on the trial. The journalist reported from the scene of the crime. She recently reported to jail. He continued to report to the same supervisor. Some cash businesses fail to report all of their sales. His case is unusual because his criminal record was widely reported in the media.
law firm having offices and representing clients throughout the world
In the past few years the firm has gone from a regional firm of 700 lawyers to a global firm with nearly half its lawyers outside the country. She is an experienced attorney who has spent three years at a large global firm. It is the first global firm owned by minority women.
responsible to sb
The Chief Executive Officer is responsible to the board of directors.