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Home assignment

6.2. Self-study – practice the following selective exercises in order


to brush up on your legal terminology1

6.2.1. Law of Commercial Transactions2 – Match the main


areas of commercial law given below to their contents in the
right-hand column.
Areas of
Description
commercial law
a. Banking 1. these regulations establish which
institutions may offer credit and
debit facilities
b. Bankruptcy 2. this law provides for the
development of a plan that allows
a debtor, who is unable to pay his
creditors, to resolve his debts
through the division of his assets
among his creditors
c. commercial law 3. this branch of law governs the
broad areas of business,
commerce, And consumer
transactions
d. consumer credit 4. this law regulates how consumer
may finance transactions without
having to pay the full cost of the
merchandise at The time of the

1 selected from Test your Professional English – Law author Nick Brieger 2 Test
your Professional English – Law pp. 48-49

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Areas of
Description
commercial law
Transaction
e. contracts 5. this law covers promises that the
law will enforce; it provides
remedies if a promise is breached.
f. debtor and 6. this law governs situations where
one party is unable to pay a
creditor
monetary debt to another
g. landlord and 7. this law governs the rental of
Commercial and residential
tenant
property; the basis of the legal
relationship between the parties is
grounded in both contract and
property law
h. mortgages 8. this transaction involves the
transfer of an interest in land as a
security for a loan or other
obligation; it is the most common
method of financing real estate
transactions
i. negotiable 9. these are ‘unconditioned writings’
that promise or order the payment
instruments
of a fixed amount of money;
drafts and notes are the two main
Categories
j. real estate 10. the agreement to sell between
a buyer and seller s governed by
transactions
the general principles of contract
law; it is normally required that
these types of contract be in
Writing

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Areas of
Description
commercial law
k. Sales 11. this branch of law regulates
every phase of a transaction for the
sale of goods and provides
remedies for problems that may
arise; it provides for implied
warranties of merchantability and
fitness
l. Secured 12. this interest arises when in
exchange for a type of loan a
Transactions
borrower agrees, in a security
agreement, that a lender (the
secured party) may take specified
collateral owned by the borrower if
he should default on the loan.

6.2.2. Agency agreements3 – Match the terms in the first two


columns to their respective definitions:
Term 1 Term Definition 1 Definition 2
Attorney Beneficiary One That hires A person
others to perform entitled to
a service or receive under
engage in an the terms of a
Activity in will
Exchange for
compensation

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Test your Professional English – Law p.50

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Term 1 Term Definition 1 Definition 2
Executor Client An officer A person who
appointed by the by reason of
shareholders to incapacity is
Represent their under the
Interests control of
another
Trustee Employee An individual A person who
who, By legal serves others
appointment or
by the effect of a
written law, is
given custody of
both the property
and the person of
one who is
unable to
manage his own
affairs, such as a
child or
mentally-
disabled person
Master Heir An individual or A person
entity (as a hired by
corporation) another to
having control or perform a
Authority over service
Another especially for
wages or

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Term 1 Term Definition 1 Definition 2
salary and
who is under
the other`s
control
Guardian Servant A person A person or
Specifically entity named
appointed by a or otherwise
testator to entitled to
Administer the receive the
will ensuring that principal or
final wishes are income or
respected(i.e. both from a
that the will is trust
property
‘executed’)
Corporate Stockholder A person A person who
director authorized to act buys the
on another`s services of
behalf as a another, in
lawyer this case legal
services
Employer Ward A natural or An owner of
legal person to corporate
whom property
stock
is committed to
Be administered
for the benefit of
a beneficiary (as

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Term 1 Term Definition 1 Definition 2
a person or
Charitable
organization)

6.2.3. The International Court of Justice4 - reading comprehension


practice test:
Read the following information about the function and activities of
the Court
· “one of the roles of the Court is to settle in accordance with
international law the legal disputes submitted to it by States
· the Court decides in accordance with international treaties
and conventions in force, international treaties and
conventions in force, international custom, the general
principles of law and, as subsidiary means, judicial decisions
and the teachings of the most highly qualified publicists
· the Members of the Court do not represent their
governments but are independent magistrates
· the advisory procedure of the Court is open solely to
international organizations

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Test your Professional English – Law pp. 82-83

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· the Court is competent to entertain a dispute only if the
States concerned have accepted its jurisdiction
· the other role is to give advisory opinion on legal questions
referred to it by duly authorized international organs and
agencies
· only States may apply to and appear before the Court
· the Court is composed of 15 judges elected to nine-year
terms of office by the United Nations General Assembly and
Security Council
· after the oral proceedings, the Court deliberated in camera
and then delivers its judgment at a public sitting
· if one of the States involved fails to comply with it, the
other party may have recourse to the Security Council of
the United Nations
· the Court may not include more than one judge of any
nationality
· the judgment is final and without appeal.”

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6.2.4. The International Criminal Court5 - reading comprehension
practice test:

Read the following excerpt from the Rome Statute of the


International Criminal Court and bear in mind the objectives given
below:

“In the prospect of an international criminal court lies the promise


of universal justice. That is the simple and soaring hope of this
vision. We are close to its realization. We will do our part to see it
through till the end. We ask you … to do yours in our struggle to
ensure that no ruler, no State, no junta and no army anywhere can
abuse human rights with impunity. Only then will the innocents of
distant wars and conflicts know that they, too, may sleep under the
cover of justice; that they, too, may sleep under y, too, have rights,
and those who violate these rights will be punished.” (Kofi Annan,
United Nations Secretary General)

a. to achieve justice for all


b. to end impunity for abuse of human rights
c. to help end conflicts

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Test your Professional English – Law pp. 84-85

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d. to remedy the deficiencies of ad hoc tribunals
e. to take over when national criminal justice institutions are
unwilling or unable to act
f. to deter future war criminals

6.3. Language focus:


· Brush up on your vocabulary:
a) Types of companies: sole trader; limited liability
company; corporation;
b) Understand the difference between: articles of
association and memorandum of association
c) Give synonyms to the following terms: binding;
provisions; consent
d) Refer to the definition and guidelines of written
submissions

· Review the terms:


a) borrow vs loan
b) shares vs dividends
c) debts vs profits
d) arbitration vs adjudication
e) dispute vs litigation

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f) treaty vs convention
g) usage vs custom
h) conclude vs ratify
i) accession vs adherence

6.4. Discussion topics:


· Discuss the relevance of international law in today`s global
society; refer major to its two major branches: private and
public international law;
· Mention International Organizations
· Sources of international law: treaties, customs, general
principles of law; judicial decisions and scholarly documents
· Discuss the functions of the International Court of Justice
· Understand the structure, jurisdiction and procedure of the
International Criminal Court
· The role of The United Nations in the promotion and
protection of human rights; refer to the Universal
Declaration of Human Rights

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