LEGAL ENGLISH

1. Criminal procedure refers to the legal process for adjudicating claims that
someone has violated criminal law, and the majority of civil law
jurisdictions follow an inquisitorial system of adjudication, in which judges
undertake an active investigation of the claims by examining the evidence
and preparing reports.

2. This concept involves teaching a criminal how to function in society

without committing any further wrongdoings, helping the criminal become a
good citizen.

3. The need to keep criminals “off the streets” (i.e. imprisoned) so law-
abiding citizens, are free from potential harm.

4. The theory that wrongdoer should pay for his or her crime getting even
with the criminal.

- There are two types: Individual and General.

5. A fine is money paid as financial punishment for the commission of minor

crimes or as the settlement of a claim.

6. Confiscation is a legal seizure without compensation by a government or

other public authority. (From the Latin confiscatio “joining to the fiscus” i.e.
transfer to the treasury).
- Demotion, suspension or expulsion (especially in a strict hierarchy, such
as military or clergy).

7. Types of community service:

- Cleaning a park,
- Collecting much needed items including clothes, shoes, bottle tabs, bottle
cans, etc.
- Getting involved with Habitat for Humanity
- Reading to older people in nursing homes
- Helping out your local fire or police department.

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8. Capital punishment is the most extreme form of punishment as it ends all
bodily functions for good (used by a substantial number of countries,
ironically including some that declare mere beating inhumane).

9. Self-defense and its related defenses are only applicable when crimes
against persons are involved (murder, kidnapping, robbery), a person may
use whatever reasonable force is necessary to protect him – or herself, short
of deadly force.

10. Deadly force (that likely to kill or cause a serious bodily injury) may
generally only be used where it appears to be reasonably necessary in three
instances:
- to prevent immediate death or serious injury
- to prevent the commission of a felony
- to catch a felon.

11. A defendant may be found not guilty of a crime if at the time the
defendant committed the crime he or she was insane.
- did not know the nature and quality of the act,
- did not know whether the act was right or wrong.

12. If an act is committed that is illegal because it is necessary to prevent a

greater harm, then the defense of necessity is applicable.

13. Duress is similar to the defense of necessity except it does not involve an
act of nature but an act of a person (if you are forced by another person to
commit a crime).

14. Entrapment involves public officers inducing someone to commit a

crime that the person would not normally have considered committing with
the intent of later prosecuting the person for that crime.

15. Joinder rules have been established that set out the procedures and rules
for the joining of parties or claims in an action.

16. When parties are joined in an action, they are called either coplaintiffs or
co–defendants, which simply means, that more than one party is involved on
either side of the action.

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17. A cross-claim is a claim filed by a codefendant against another
codefendant who, for that particular action would be called cross-claimants.

18. A defendant can file a counterclaim against the plaintiff if another cause
of action is involved. The counterclaim must be other than simply an answer
or a response to the claim of the plaintiff.

19. Among the different types of special joinder devices, class action suits,
developed in equity, form one of the more interesting phenomena in U.S.
law. A representative of large group of people (a class) is permitted to file a
lawsuit in an attempt to rectify the alleged wrongs committed against the
entire class.

20. Pleadings are the documents filed with the court by plaintiff and
defendant that detail the facts, charges, and possible defenses to the action.

21. Depositions function as mini trials and are the most expensive and
perhaps most useful of the discovery devices. Generally attorneys from both
sides are present, and there are direct examination (questioning by your own
attorney) and cross-examination (questioning by the opposing attorney).

22. The purpose of pretrial discovery is to ensure that all relevant

information is disclosed to all parties prior to the trial.

23. During the questioning, the attorneys attempt to discover if jurors might
be in any way prejudiced against their clients, and if so, the attorneys
exercise what are called challenges (requests for jurors to be removed from
the jury panel).
Two types: Peremptory challenges and challenges for cause.

24. It means literally twisted. As used in law, it refers to a wrong against an

individual or property as distinguished from a crime which is a wrong
committed against the state. Types:
- Intentional torts,
- Negligent torts,
- Strict liability.

25. Intentional torts require fault in the form of intent, it must be shown that
the actor knew that there was substantial certainty of harm.

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26. The tort of false imprisonment involves cases in which the plaintiff has
allegedly been unlawfully confined by the defendant.

27. Trespass, the most familiar of the property torts, prohibits the
unauthorized entry of a person or thing onto the property of another.

28. Elements are:

- That the defendant had a duty of care
- That there was a breach of that duty by negligent conduct (act or
omission),
- That the act or omission caused injury (proximate cause) and
- That the act or omission is not subject to the defenses of assumption of
the risk or contributory negligence.

29. Proximate cause is related to the concept of duty. If the defendant is

found to have had a duty to protect the plaintiff from the consequences of
the harmful act, and breached that duty, then there is proximate cause.

30. Strict liability is liability without fault – it is based on the policy of law
that under certain circumstances, a plaintiff may be allowed recovery even
though there is no fault on the part of the defendant. (You can be legally
innocent, but morally guilty.)

31. Defamation law addresses interference with the possession of good name
and reputation. Types: SLANDER is oral, while LIBEL is written.

32. A trademark is a symbol used by merchants to identify their goods and

distinguish them from those of others that may be similar but not identical in
quality or composition.

33. Patents are protected by federal statute in order to stimulate desirable

creativity and to reward those creators with limited monopolies.

34. Copyright law provides for the protection of original works, in multiple
fields, including art, literature, music and drama, to name a few.

35. An exception to the infringement rule is called fair use. This means that
a party can use part of a work of an author as long as the use is “fair”.

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36. Products liability law is intended to hold manufacturers and sellers of
goods liable for faulty goods that cause personal injury or property damage.
Products liability, as it exists now, is a relatively recent legal development
that was created and expanded in part to protect consumers in an age of
increasing technological complexity.

37. In almost all transactions, there is an express warranty (a promise stated

by the manufacturer) that does not need to be labeled “warranty”.

38. Merchantability (the product is salable and fit for general purposes)
means that the product does what it should; for example: a pen writes. It
doesn’t have to be the best pen in the world to meet the merchantability
standard, it simply must write.

39. Implied warranty is a warranty that is implicit in the sale of the goods
and does not have to be expressly stated by the product seller.

40. In addition to the warranties of merchantability and fitness for a

particular purpose, the seller/manufacturer is also obligated not to include
any hidden dangers in the products. Failure to meet this obligation is
reckless misconduct.

41. Two types:

- Compensatory damages (are designed to provide the claimant with
monetary award to compensate for the injury of loss).
- Punitive damages (are designed to punish the seller of the product for
wrong doing).

42. A corporation is a legal entity which, while being composed of natural

persons, exists completely separately from them. This separation gives the
corporation unique powers which other legal entities lack.

43. There are basically two types of corporations: Public and Private.

44. Shareholders provide the financing for corporations when they invest by
buying shares or stock.

45. In law, liquidation refers to the process by which the existence of a

company is brought to an end, and the assets and property of the company
are disturbed.

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46. The dissolution of a corporation is a termination of its existence and
extinction as an entity.

47. A contract is an agreement which creates an obligation. Its essentials are

competent parties, subject matter and a legal consideration. To have a
contract come into existence there must be an offer and acceptance.
- Mutuality of agreement is a meeting of the minds of all parties to a
contract.

48. Acceptance is a communication of agreement to the terms of the offer by

words of conduct.

49. A contract is considered formed at the moment of positing of the

acceptance. In common law this rule is known as the mailbox rule and is
binding (a contract has been formed). Ivan offers to sell Mary a horse.

50. If one of the parties does not fulfill his or her promise in the contract,
that failure of performance is called a breach of contract.

51. Unlike other remedies, specific performance is a remedy that does not
rely on monetary damages for compensation. Instead, the breaching party
(the party who breaks the contract) is required by the courts to fulfill his or
her part of the bargain to avoid irremediable damages (damages that no
monetary award can repair) to the non-breaching party.