Appunti di Inglese giuridico

WORKING LIVES.

sophie pint of view about working at melton deans:

she's a partner in a medium sized regional law firm, she head's up a group

of 8 undertaking projects work for public sector clients.

main client: government department

they're instructed to advise an act on private finance initiative project this

involves negotiation with a number of other parties ensuring that the

client's aim and objectives are met and their best interest protected. a

significant amount of time is spent in parties meetings, making sure an

assistant solocitor is taking comprehensive notes. after a meeting

documents reflecting the terms agreed are prepared and circulated for

approval. she also deal with recruitment, training, and development within

the department.

A LEGAL SECRETARY (B) cercatelo è da leggere

JUDGES

guardate lo schema pagina 30

an act of parliament lays down the mandatory requirements for most

judicial officies. candidates have the requirement of practice being a

lawyer or judge. the hierarchical structure of the courts informs the

process of selection to the judiciary.

THE TRAINING OF JUDJES

judicial studies board is responsible for th training of judges and others

(always related). the JSB organizes an iniduction course, visits to penal

establishments, meetings with personnel from probation service. during

this appointmentthere is a period sitting on the bench (judge's area of the

court). PRATICAL GUIDELINES FOR JUDGES ARE SET OUT IN THE BENCH

BOOK

CIVIL COURTS: SENTENCING AND COURT ORDERS

judges in civil courts can fine commit to imprisonment or give suspended

sentence. an applicant can seek injunction against a respondent. the court

may grant an interim injunction that is temporary that stop the defendant

to do something before the hearing of the application. the judge can grant

or refuse an injunction against a legal person to do or not specific acts,

the judge can require a undertaking (the judge promises to do something

at the next hearing) from the relevant party at the hearing proceeding.

A LAW FIRM'S STRUCTURE AND PRACTICE

anchor robbins (a law form) is submitting a tender (a form of payment) for

the provision of legal services to a local authority. the first section of the

tender document has the firm's structure and breadth of expertise is set

out.

CLIENT CARE PROCEDURES

this explains client care products at London law firm where greg spenser is

learning from his supervisor.

client care letters:required form for new matters, these letter outline the

case details, agreed timescales, and responsible lawyer

complaints procedure: clients are informed of a partner to contact if they

have concerns

fee estimates and disbursement: letters should include cost estimates and

details of anticipated expenses. if exact quotes aren't possible, clients

should approve work beyond a certain spending limit

precedent letters: standard templates are stored in the department

manual on the internet for easy access

lexcel compliance: the firm follows lexcel quality standards, ensuring good

risk management and lower insurance premiums. an external auditor

verifies compliance

clients care procedures help maintain transparency, cost clarity, and

professional standards while ensuring client satisfaction and regulatory

compliance

MONEY LAUNDERING PROCEDURES

(da guaredaee la pagina perche non c'è testo sono esempi) (pg 36)

CLIENT CORRESPONDENCE

coincinessess is a key feature of legal correspondence in English. this is

achieved through substitution and eplipsis (obmitting words). another

feature is the use capitalized key terms for clarity and reference. the

example given is from solicitor's letter about the final stages of a company

purchase.

(esempio a pagina 38)

EXPLANATION AND CLARIFICATION

explaining a procedure

when u list the different steges of procedure, your listeners

comprehension of the information thet you are presenting will be better if

you use phrases to structure and signposting what u say

approximating and comparing

when in the work place there may be a need for comparison and contrast

because of social differences for example, the difference between dialet in

Scotland and tort in England.

rephrasing and clarifying

when u are explaining something which is new or complex, it is important

to check that your listeners are understanding and you can help their

comprehension rephrasing your words.

LEGALESE

legal languege writing in English had developed a lot over the years, it has

some specific features that can make a non lawyer difficult to understand.

some characteristics ar like: using latin,technical terms, old fashionable

words, using paired words with reciprocal relationship, legal jurcon,, using

words as a pair/triplets, special meaning words for ordinary things,

(leggete il resto sono tutti esempi pg. 42)

BUSINESS ORGANISATIONS

sole traers

there are different types of trading entities, they each have different legal

characterists and has different regulations. the simplest form of business

is

sole traders: small entreprise, 1 individual responsible for everything even

depts, might go bankrupt.

partnerships

a form of structure for certain kinds of business is a partnership. it needs

to have 2 members at least, all the partners are liable to the debts, the

relationship between the partners is usually defined in the partnership

agreement, it can set out the duration of the partnership, the name, how

profits, losses, running costs that have to be shared, how much capital

each contribute, what ruled for the capital, what ground will make a

partner get expelled from the company, , restrictions applied to partners...

it's possible to have a limited liability partnership wich has legal identity

separate from its members (liabilities are limited to the extent to their

investment)all partners EXCEPT the general partner can be limited. a

"sleeping partner" may have a share in the business but doesn't work in it.

limited companies

a PRIVATE law company is a separate legal entity wich can sue and be

sued in its own right. in some istances the director will be asked to

guarantee the obligations of a company. this Is pretty common to new

companies that can't demonstrate training history. a PUBLIC limited

company is differentiate from the private because the shares can be

solvedto the general public to raise share capital. there are 2 shareholds,

2 directors and a qualified company secretary. the minimum share capital

is 50000£ and 25% must be paid up. before the company can trade or

borrow money there is the need of a TRADING CERTIFICATE from the

register of companies.

FORMATIONOF A COMPANY

incorporation

(with overseas client)

the regulation for incorporation, are set out in the companies act 1985.

there are different steps.

1 find a name for the company, the name don't have to be the same as

the trading name. the application for registration WILL be rejected if the

neme can't be distinguisged from a already existing company name. some

words need approval. form 10 and 12 are submitted to the registrar of

companies.

2 on completion of registration the company will be given a company

number, known as registered number, that will issue a certificate of

incorporation.

it's possible to start trading buying a shelf company and having its shares

transferred.

a company must have an office in the jurisdictionwhich can be served with

any legal process. the statutory book must be kept there. every detail of a

company can be found without charge at the companies house

memorandum and articles association

when a company is INCORPORATED, it must adopt memorandum and

articles of association. the MEMORANDUM sets out the company's OBJECT

or porpuses, it's important to properly reflect the company's intentions.

the articles sets out the relationships between the company and the

shareholders.the requirement for a meeting between directors and

shareholders are restrictions on share transfer and allotmen of new shares

and regulations concearning directors powers and duties. most companies

are limitedwith the liability of members limited to the nominal value of the

share they hold or the amount they guarantee to contribute to the

company's liability on liquidation. the company must have chose a

number of shared issued to identified shareholders. any comoany will

have a max amount of share capital.

RAISING CAPITAL BY SHARE SALE

share capital

a company limited by shares may rise capital by borrowing money and

through t6he sales of shares, a company balance sheet shows how the

company is capitalised by providing debts and share funding. CAPITAL is

the liability of the company to the people who have provided itwith

finance on long terms. a company is obligated to maintain its share

capital. the articles of association provide the power to issue shares. the

memorandum sets out the nominal capital (total of face value, all the

shares a company is allowed to issue), when NEW SHARES are created

they are issued or allotted to shareholders, they are allocated among

applicants who subscrive for shares. (A SHAREHOLDER IS A MEMBER THAT

HOLDS A SHARE CERTIFICATE)

share value

B. Share Value

Shares have a nominal (par) value, often £1, set out in the company's

Memorandum. They can be issued at a premium (above nominal value)

but not at a discount (below nominal value). Payments for shares can be

deferred, meaning the company can later request unpaid amounts (makes

a call for). The market value of shares depends on the company's

profitability and asset value. Shares are considered a chose in action,

meaning they represent a personal right that can be legally enforced.

C. Rights Attaching to Shares

Companies issue different classes of shares, each with specific rights.

Common rights include:

Dividends: Shareholders can receive dividends only if the company makes

a profit.

Voting on resolutions: Shareholders can vote on key company matters,

especially during the Annual General Meeting (AGM).

Repayment on winding up: Shareholders may receive their investment

back if the company is closed.

Under the Companies Act 1985, shareholders with voting rights have

additional protections, including pre-emption rights, meaning they get the

first opportunity to buy new shares in proportion to their existing holdings.

This does not apply to shares issua for non-cash consideration.

A. Granting Security

Usha Patel, a company lawyer, is advising Patsy Nielsen, the director of

Rosie Glow Cosmetics Limited, about securing a bank loan of £300,000 to

purchase business premises priced at £280,000. The bank's facility letter

makes the loan conditional on a debenture, which includes a floating

charge over all company assets and a first legal charge (