Legal English

The legal system

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.

Civil law

• The legal system developed from Roman codified law, established by a state for its regulation.
• It is an area of the law concerned with non-criminal matters, rights, and remedies.

Common law

It is the 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 (it is also called case-law, judge-made law).

Criminal law

The word "law" refers generally to legal documents which set forth rules governing a particular kind of activity. Area of the law which deals with crimes and their punishments, including fines and/or imprisonment (it is also called penal law).

Civil law, common law, and criminal law

The term "civil law" refers to a body of law based on written legal codes derived from fundamental normative principles. Legal disputes are settled by reference to this code, which has been arrived at through legislation. Judges are bound by the written law and its provisions.

In contrast, common law was originally developed through custom, at a time before laws were written down. Common law is based on precedents created by judicial decisions, which means that past rulings are taken into consideration when cases are decided. It should be noted that today common law is also codified, for example in written form.

Civil law is distinguished from criminal law because it (criminal law) refers to the body of law dealing with criminal matters.

Types of laws

• Regulations: Rules issued by a government agency to carry out the intent of the law; authorized by statute and generally providing more detail on a subject than the statute. Example: These workplace safety and health regulations are designed to prevent personal injuries and illnesses from occurring in the workplace.
• Statute: Formal written law enacted by a legislative body.
• Ordinance: Law enacted by a town, city, or country government. Example: The purpose of this Ordinance is to regulate traffic upon the Streets and Public Places in the Town of Hanville, for the promotion of the safety and welfare of the public.
• Bill: Draft (bozza) document before it is made into law.
• Directive: Legal device used by the European Union to establish policies at the European level to be incorporated into the laws of the Member States.

Legal Latin

• Ad hoc: For this purpose
• Et alii: And others
• Exempli gratia (e.g.): For example
• Id est: That is
• Per se: By itself
• De facto: In fact
• Ispo facto: By that very fact itself
• Pro rata: Proportionally
• Sui juris: Of one’s own right; able to exercise one’s own legal rights
• Videlicet: As follows
• Inter alia: Among other things

Types of courts

1. Appellate court: This is where a case is reviewed which has already been heard in a lower court.
2. Crown court: This is where serious criminal cases are heard by a judge and a jury in the UK.
3. High court: This is usually the highest court in a jurisdiction, the court of last resort.
4. Juvenile court: This is where a person under the age of 18 would be tried.
5. Lower court (or court of first instance): This is the court of primary jurisdiction, where a case is heard for the first time.
6. Magistrates’ court: This is where small crimes are tried in the UK.
7. Moot court: This is where law students argue hypothetical cases.
8. Small-claims court: This is where cases involving a limited amount of money are handled.
9. Tribunal: This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes.

Persons in court

1. Judge: Public official who has the authority to hear and decide cases.
2. Claimant: Person who initiates a civil lawsuit (causa).
3. Expert witness: Person who has specialized knowledge of a particular subject who is called to testify in court.
4. Advocate: Person who pleads cases in court.
5. Clerk: Employee who takes records, files papers, etc., (a good translation into Italian would be "Cancelliere del Tribunale").
6. Bailiff: Officer of the court whose duties include keeping order and assisting the judge and jurors. (Ufficiale Giudiziario)

Documents in court

• Affidavit: A written statement that somebody makes after they have sworn officially to tell the truth, which might be used as proof in court.
• Complaint: In civil law, the first pleading (dichiarazione) filed on behalf of a plaintiff (parte lesa), which initiates a lawsuit (causa), setting forth the facts on which the claim is based.
• Motion: An application to a court to obtain an order, ruling, or decision. It is a procedural device to bring a contested issue before a court for decision. It’s a request to the judge to make a decision about the case. The party requesting the motion may be called the "movant".
• Writ (mandato): A document informing someone that they will be involved in a legal process and instructing them what they must do.
• Injunction: An official order from a court for a person to stop doing something.
• Brief: (fascicolo/memoria) A document or set of documents containing the details about a court case.
• Pleading (dichiarazione): A formal written statement setting forth the cause of action or the defense in a case.

Vocabulary

• Drafting legal documents: Redigere/stilare documenti legali.
• Conveyancing: Passaggio di proprietà.
• Trial: Processo.
• Take on advocacy: Appoggiare/sostenere/rappresentare...
• Work on behalf of clients: Lavorare a nome di clienti/per conto di...
• MP(s): Member(s) of Parliament.
• MEP(s): Member(s) of European Parliament.

The legal profession

Lawyers in England are divided into barristers and solicitors. Barristers usually spend more time in court. The usual procedure for a client is to instruct a solicitor who would then engage a barrister on their behalf. Much of the solicitors’ time is devoted to conveyancing and drawing up wills and contracts. Solicitors can form partnerships with other solicitors (barristers may not do this). The majority of barristers work in London, although some barristers have sets of chambers in the larger provincial towns such as Manchester and Birmingham. An established barrister will often specialize in an area of law.

Conveyancing: is the act of transferring the legal title in a property from one person to another.

The attorney

The attorney general, or attorney-general (procuratore generale), is the main legal advisor to the government. In the common law tradition, anyone who represents the state, especially in criminal prosecutions, is such an attorney. So a good translation of "attorney" would be "procuratore".

In-house counsel

As in-house Counsel you will represent a company in litigation matters in court. The duties will include conducting necessary discovery, trials, depositions, mediations, etc.

Queen’s Counsel (QCs)

After ten years in practice, a barrister may apply to become a Queen’s Counsel (QC) also known colloquially among lawyers as "a silk" as their gowns are made of silk rather than the "stuff" (a woolen cloth) of junior barristers. It is a status conferred by the Crown. They are lawyers appointed by letter patent to be one of "her Majesty’s Counsel learned in the law". QCs tend to earn a lot more than junior barristers.

Recruiting

The procedure for recruiting judges is changing in England and Wales. Advertisements are now being placed in newspapers for Junior and High Court judges but not for positions in the Court of Appeal and the House of Lords. Selected candidates are interviewed and the Lord Chancellor makes the final decision.

The Lord Chancellor

• The Lord Chancellor is the Speaker for the House of Lords.
• The Lord Chancellor is also a member of the Cabinet as he is head of the Department of Constitutional Affairs.
• Therefore he is a direct link between the Executive and the Lords.
• The Lord Chancellor is head of the judiciary in England and Wales. He will act as president of the planned Supreme Court.
• For centuries, much of the responsibility for the administration of the legal system has rested with the Lord Chancellor. In modern times the holder of this office has exercised a wide range of functions, including those of Cabinet Minister, senior judge and ‘speaker’ of the House of Lords. Responsibility for overseeing the administration of the Supreme Court, Court of Protection, County Courts and Magistrates’ courts has also fallen within his remit, along with the task of appointing Court Rule Committees and allowing or disallowing their rules. Other functions have included making or advising on judicial appointments, appointing and providing training for justices of the peace, overseeing the funding of legal services, appointing a Legal Services Ombudsman, and maintaining the National Archives.
• The Lord Chancellor is in the unique position of being a member of the Executive, the Legislative, and the Judiciary.

Ombudsman

An Ombudsman is an independent investigator who:

• Investigates complaints about the administrative acts and decisions of central and local government agencies.
• Investigates complaints about the decisions of Ministers of the Crown and central and local government agencies on requests for official information.
• Provides information and guidance to employees who wish to report serious wrong-doing in their workplace and is one of the authorities to whom serious wrong-doing can be reported.
• Examines and monitors the treatment of persons detained in prisons.

The hierarchy of the courts

There is a hierarchy of courts within the English Justice system. Although certain courts do exercise a purely civil or criminal jurisdiction, most English courts hear both civil and criminal cases. But there is one Court which properly stands outside the English court system, and is higher than any other court in the land: the European Court of Justice.

Hierarchy of the main civil courts

• European Court of Justice
• House of Lords
• Court of Appeal
• High Court
• County Court

Hierarchy of the criminal courts

• House of Lords
• Court of Appeal
• Queen’s Bench Division
• Crown Court
• Magistrates’ Court

The House of Lords

The ECJ (European Court of Justice) is the highest court but apart from decisions made in ECJ, the House of Lords is the highest appeal court on civil and criminal matters. All other English courts are bound by its decisions.

The Privy Council (Consiglio della Corona)

• The function of the Privy Council is not generally well-understood by the public in Britain. It was established by the Judicial Committee Act 1833. It is the final appeal court for 30 Commonwealth countries.
• It also has responsibility for resolving problems arising from Devolution.

The Commonwealth

The Commonwealth is a voluntary association of 54 countries that support each other and work together towards shared goals in democracy and development. The Commonwealth, with roots as far back as the 1870s, believes that the best way to achieve peace and prosperity is through cooperation and mutual understanding among its members.