LEGAL ENGLISH manual (2019-2020)

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LEGAL ENGLISH

Para 2º E-1, 2º E-3 y 3º E-5

Curso 2019-2020

INSTITUTO DE IDIOMAS MODERNOS



Written and compiled by
Marcella Chartrand & Virginia Esteve

Contact information

Teacher: ___________________________________________________________________

Office: Sala de profesores Instituto de Idiomas

Phone 91 542 2800 Ext. 2140

E-Mail: _______________________________________________

Unit 1 LEGAL ENGLISH
CRIMINAL
& Table of Contents
CIVIL LAW
Content and Vocabulary
Unit 2  Difference between legal terms used in criminal and civil law
COMPANY  Types of torts
LAW  Types of crimes
 Legal proceedings
Unit 3  Leading cases
BUSINESS  Sentencing guidelines
CONTRACTS
Grammar and Structures
 Expressions of possibility
 Verb tense review
 Question formation review
 Cause-result expressions
 Expressions for giving advice and making recommendations

Communication skills developed
 Interviewing a client
 Writing a letter to a client

Content and Vocabulary
 Types of business structures and their characteristics
 Memorandum of Association and Articles of Association
 Legal terminology of company bylaws

Grammar and Structures
 Linking words of addition; comparison and contrast
 Modal verbs referring to the past
 Verbs to indicate requirements
 Expressions to formulate an argument indicating advantages and

disadvantages

Communication skills developed
 Writing a recommendation as to the best type of business structure to

set up
 Reading and understand authentic legal texts (Company bylaws)

Content and Vocabulary
 Types of contracts and contract clauses
 Formal legal terms found in contracts

Grammar and Structures
 Reference with HERE-THERE WORDS
 Expressions to indicate contingencies and conditions
 Expressions to express rights and obligations
 Uses of PROVIDE

Communication skills developed
 Understanding and explaining an authentic legal agreement to a client.

SUMMARY OF ASSESSED ACTIVITIES AND ASSESSMENT CRITERIA

(NOTE: This information is also available in Spanish in your GUIA DOCENTE.)

Assessment Competences Indicators Percentage
activities of final mark

All the activities that appear below are designed to develop and improve different aspects of the following

competence:

CGI 07- Knowledge of a second or foreign language

Personal work Throughout the course, different activities done in or out of 10%
(individual / in class, either individually or in groups will be picked up
groups) done and assessed. The mark will be based on:
both in class as
well as outside of - Correct use of grammar, syntax, and vocabulary
class. - Correct written expression and spelling
- Understanding texts and audio/video recordings –

accuracy of the information obtained.

- Presentation and structure: paragraphs, introduction,

conclusion or closing

- Quality of the information provided

Individual written - Correct use of language (grammar, syntax, and general 10%
work in the vocabulary)
classroom
- Correct use of legal vocabulary
- Ability to synthesize information and express it clearly

- Ability to organise and relate ideas using logical

connectors, complex sentences and subordination.

- Use of appropriate register for a professional context.

Knowledge of a - Active participation and positive contributions made

second or foreign during class sessions

language - Prior preparation of any materials needed to carry out the

work done in class.

Assessed oral - Quality of the information provided

activities at the - Correct use of legal terminology

end of Units 1 & 3 - Appropriate use of language and register for a 15%

and active professional meeting

participation in Mastery of - Extensive use of vocabulary and structures learned during
the classroom specific the course

competences - Correct use of questions

- Ability to understand and synthesize information in a

contract and explain clearly and simply.

- Correct use of grammar and syntax

Assessment: in- - Mastery of key concepts in the unit 15%
class exams - Accuracy in language use (grammar, syntax, and spelling)
- Correct use of legal vocabulary

Assessment: final - Knowledge of the key concepts in the course 50%
exam - Accuracy in language use (grammar, syntax, and spelling)
- Correct use of legal vocabulary
- Clarity and comprehensibility of written expression
- Ability to organize and relate ideas using logical

connectors, complex sentences and subordination.
- Use of appropriate register for a professional context.
- Ability to understand written legal texts

Assessment

Assessment
Continuous assessment and final exam

Fifty percent of the final grade is based on continuous assessment, which reflects the student’s performance
throughout the course. This continuous assessment mark, as its name clearly indicates, corresponds to the work
done throughout the semester and the student will not be able to make up this work on the day of the first sitting
of the final exam.

Any work that is partly or entirely copied from another source will be considered plagiarism and will receive an
automatic 0. Likewise, copying another student’s work will be graded with a -1 (both the copier and the person
he/she copied from).

If a student is unable to attend on a day of a graded activity, s/he must inform the teacher personally or via email
BEFORE, not after the activity has been done. Any assignment, exercise, or quiz not done or not submitted on the
date established will be marked down as a 0, unless the student informs the tutor of his/her school or faculty,
who is responsible for informing the teacher if an absence is justified.

The remaining 50 % of the final mark will be based on a final written exam in the first sitting. Therefore, a
student must obtain a passing mark on both the continuous assessment and the final exam in order to pass the
subject, which will be calculated as follows:

 the continuous assessment based on the assessed activities done throughout the course (personal work /
writing assignments / oral activities / quizzes and tests) with a minimum mark of 5 /10.

 the final written exam with a minimum mark of 5 / 10.

In the event that the student does not pass one of the above, the maximum final mark a student will be able to
obtain is a 4.0 and the student will have to retake the exam and/or make up the work s/he has not done during
the course at the next exam sitting.

Subsequent exam sittings

At the second exam sitting, the student will be examined on the part of the assessed material that s/he has not
passed; i.e., the student will have to do a final written exam (which constitutes 50% of the final mark) and / or a
series of oral or written activities related to work not done during the course to evaluate whether he has
acquired the competences established for the subject (which also constitute 50% of the final mark). If the student
has passed the continuous assessment, that mark will be saved and averaged in with the final exam mark
provided that the student passes the exam. In the event that the student has not passed the continuous
assessment part of the course, it will be the student’s responsibility to get in touch with the teacher far enough
in advance to be able to prepare any oral activity or writing assignment that he may be expected to prepare for
the exam or to hand in on the day of the exam.

At third and subsequent exam sittings that take place in the following academic year, the student will be tested
on all the material and no mark will be saved from the course or previous exam sittings.

Class Norms No points are given for simply attending class. However, all the work done in
Attendance class and collected will count towards your continuous assessment grade.

Deadlines Students are expected to be responsible and meet deadlines. Late work will
not be accepted and cannot be made up.
Academic
integrity If you are going to be absent for a graded in-class activity, notify your teacher
BEFORE, not after the activity has been done personally or via email, not
through a classmate. If you are ill on the same day as the activity, you
should try to notify your teacher on that day.

You will not be allowed to make up any graded activity you missed if your
absence has not been adequately justified.

Copying part of a text or another person’s work will be considered
plagiarism and will penalised with a 0 or a negative grade.

Technology Use
E-mail
If there is an exam, a graded class activity or an oral task, you will be expected
to be present. If you are ill or cannot be present on the day the activity is
scheduled for a justifiable reason, you are expected to inform the teacher AS
FAR IN ADVANCE AS POSSIBLE - not AFTER - the activity either personally
or via e-mail. You will also be expected to present a written justification upon
your return. If you cannot hand in an assigned task in person, you can send
it as an attachment via e-mail.

Moodlerooms You will be expected to use MOODLEROOMS to download reading materials
which are necessary to complete some course assignments, do homework
exercises, listenings or access links which you will need to correct some of
the work assigned.

1-CRIMINAL & CIVIL LAW

A. Introduction

In groups of three discuss the following:
1. What do you know about criminal and civil law?
2. Have you studied about criminal or civil law in any of your subjects?
3. Which of these areas interests you more and why?

 Information Exchange

1. Read the stories assigned to you and then close your book and tell your partners about them. Ask
your partners if they think it is a criminal or civil case and why.
Student A
STORY 1  Civil  Criminal ____________________

Robert went into the local pub after the football match to have a beer with his friends. He
slipped on some beer on the floor and cut his hand so badly on broken glass that he
needed 15 stitches and missed work for 2 weeks. One of the customers at the bar told
him that a drunken customer had thrown the bottle of beer against the wall when his
team lost the match. Although the staff knew about the beer and the broken glass,
they hadn’t cleaned it up. Robert sued the owner of the bar for negligence. The
court ruled in favour of the claimant1 and Robert was awarded $500 in
damages.

STORY 2  Civil  Criminal ____________________

Fred and Mary woke up one night and heard strange noises in the living-room, so they immediately
reported it to the police and locked themselves in their room. When the police arrived
they found two young men climbing out the back window with a computer, a
plasma screen and a video camera. The young men were arrested,
charged with burglary and then released on bail. One month later
they were tried in the Crown Court. The jury delivered a verdict of
guilty and the defendants were sentenced to two years’
imprisonment.

1.(US) plaintiff

1

Student B
STORY 3  Civil  Criminal ____________________

Although Ricky was making quite a bit of money in tips with his job in
a very up-market restaurant, he was still having problems making ends
meet. That is why when his cousin proposed a plan to make extra cash
by copying credit card numbers from his customers and making illegal
copies, Ricky accepted. Two years later, when Ricky was caught by the
FBI, he was installing devices in ATM machines to obtain credit card
numbers and PINs from customers and then selling the information to
his cousin, who used it to steal money from the victims’ accounts.
Ricky was formally charged last month with skimming, a form of identity theft. If convicted at the
trial next month, Ricky could face a sentence of up to 10 years.

STORY 4  Civil  Criminal ____________________

Frank, a retired accountant, was very angry with the way the local dry cleaner’s handled a problem
he had with an expensive suit he had taken to be cleaned. He decided to stand in front of the shop
every day for a month, urging the people in the town not to use
the dry cleaner’s, and claiming that they used defective
products to clean the clothes. There was an article on Frank’s
campaign in the town newspaper. The owner of the business
brought an action against Frank. The court found the
defendant liable for slander and ordered him to pay the
claimant damages.

2

Student C
STORY 5  Civil  Criminal ____________________

On May 3, two university students reported a brutal assault
that they had witnessed on campus to the local police.
Several days later, James Goodman was arrested when
leaving his apartment. After pleading not guilty at the
preliminary hearing to charges of murder and assault with
intent to commit rape, James Goodman was taken into
custody without bail, which means he will be waiting for his
trial in the state prison. The charges against the defendant will
allow the district attorney to seek the death penalty, but
even if she decides not to do so, the defendant faces life in prison without the possibility of parole.
The attorney for the defence has informed Goodman that the chances of acquittal are very slim.

STORY 6  Civil  Criminal ____________________

Mary Burton lives in a residential neighbourhood and takes care of her four
small grandchildren during the day. In the last five months, her next-door
neighbours have started to keep hens and two small pigs in the backyard.
The noise and the smell of the animals, as well as the insects they attract,
make it impossible for Mary to use her yard. Her
nephew, who is a lawyer, has suggested that Mary file a claim for nuisance
as her neighbours are clearly not letting her enjoy her own property. He
explained that the most usual remedy for a nuisance is an injunction.
When the court grants an injunction, it orders the defendant to stop the
offending action.

Examples of the use of BAIL (uncountable)

from Longman Online Dictionary- http://www.ldoceonline.com/ )

 The three men were released on bail pending trial.
 The judge is not likely to grant bail because of the seriousness of his offence.
 The alleged murderer was taken into custody without bail.
 Bail was set at $30,000 (by the court)./ The judge set bail at $30,000.

3

2. Although some terms can be used in both civil and criminal cases, most of the LE 1.1a
terminology is different. Put the words in bold in the texts on the previous pages in the grid
below. As more civil / criminal terminology is introduced in the unit, you should add it to
the table below.

Criminal Civil Both

TO PLEAD (guilty/not guilty)
This verb is a regular verb in British English (plead-pleaded-pleaded) but is often used as an
irregular verb in American English (plead-pled/plead-pled/plead)
[LEGAL TERM] to say in a court of law whether you are guilty of a crime or not
plead guilty/not guilty: Both defendants pleaded/pled/plead not guilty to all the charges.

3. Practise using the criminal / civil vocabulary on the previous exercise by completing the LE 1.1b
__________ with the missing verb , the …… with a preposition if one is necessary.

Write an X is no preposition is needed. Write an appropriate legal term in the boxes.

Miguel was caught with 200 kilos of cocaine. He was arrested

and ________________ ………..… drug trafficking. He had to pay

€100,000 in order to be ____________________ on

ba--------il. Two months later he ___________________ in the

Crown Court. The jury ______________ a Verdi ct of “Guilty”

and the judge ______________________ the defendant …….. five

years’ imprisonment. However, he was released on

par ole after three years for good behaviour prior to the completion of the

sentence.

4

Rosa’s neighbours had two noisy roosters who would spend all
night crowing. Tired of not being able to sleep at night, Rosa

________________ her neighbour for the tort of nui sance. The
judge ______________ ……….. favour ……… the clai mant and
____________________ her ……………. an injunction, which , which

prohibited Rosa’s neighbours from keeping such noisy pets.

Tom, a department store clerk, ________________________
……….. stealing money from the cash register. However,
Tom insisted that he was innocent and __________________

“Not guilty” ………….. the charges. At the tri al,

which was held two months later, the pr osecutor
was unable to present enough eviden ce to prove Tom
was guilty. Consequently, Tom ___________________________
of all the charges .

Do Worksheet 1.1- Activity 1 & Activity 2

 For Level C1 . Introductory Video 1.0 – Crimes vs. Torts

Check to see if you have correctly placed the civil and criminal terms by watching the introductory
video on crimes and torts . Then watch the video again and answer the following questions.
1. What is the difference between murder and wrongful death?

2. What is the aim of a criminal case?

3. What is the aim of a civil action?

4. What act can be both a crime and a tort?

5. What example is given of an act which is just a tort?

6. What is the main difference between a criminal case and a civil one?

7. OJ Simpson was found not guilty of the murder of Ron Goldman and later he was found liable for
wrongful death when Ron’s parents sued him. Why is that possible?

8. What would happen in a civil court if the defendant was already convicted in a criminal court?

5

4. Match the terms taken from the texts with the corresponding definition.

LE 1.2

damages 15 1. unlawful sexual intercourse committed without consent.

burglary 2. a sum of money given in exchange for the release of an arrested person as
negligence a guarantee that the person will appear at the trial.
skimming
3. failure to be as careful as a reasonable person would be expected to be.
slander
4. the decision by a court that a person accused of a crime is guilty.
remedy
nuisance 5. the early release of a prisoner from prison who is then subject to
murder continued monitoring as well as compliance with certain terms and
assault conditions for a specified period.
rape
bail 6. the process by which credit card data is illicitly captured or copied, usually
by electronic means.
parole
7. the intentional threat or attempt to injure a person.
acquittal
conviction 8. lying about a matter of fact with the intention of deceiving another person
fraud to gain a material advantage.

9. a defamatory statement made orally which harms a person’s reputation.

10. the legal solution granted to a party of a civil action by which the violation
of a right is compensated or prevented.

11. the most serious form of homicide; the unlawful killing of somebody with
intent.

12. an activity or situation that interferes with the use or enjoyment of
privately owned land or interferes with the health and safety of the public
in general.

13. the criminal offence of entering a building without permission with the
intention to steal something.

14. the decision by a court that a person accused of committing a crime is not
guilty.

15. financial compensation awarded to the claimant in a civil case.

5. It is important to know how to use damages in relation to the parties in a civil action.
Fill in the following gaps with one of the words in the box.

the claimant/plaintiff - the defendant - the court/the judge

 ____________________________________ was awarded $75,000 in damages.

 ____________________________________ awarded ________________________ $75,000 in damages.
 ____________________________________ had to pay _____________________________________ $75,000 in

damages.
 The _______________________ was ordered to compensate the

_______________________ with $75,000.

6

6. Complete the following grid with the correct form of the word. You will notice that in
some cases the verb and noun are the same word.

VERB NOUN LE 1.3a
conviction
acquit
neglect plea

imprison charge
sentence
murder
rule award
try
compensate

prove
fail

7. Complete the statements made by a lawyer to a client with the correct form of a verb from
the box above.

1. As murder is a very serious offence, you LE 1.3b
_________________ by a judge and jury next month and
could ____________________ to life imprisonment. 2. There is a good chance that the defendant
_________________ given that the district attorney’s
only witness has been seriously injured and cannot

testify at the trial next month.

3. In a case dealing with medical malpractice, the 4. You can only ___________________ of murder if
judge cannot restore your good health, but he will seek the D.A manages to _________________ that you
____________________ you for your loss by killed the woman with malice aforethought, in other
____________________ damages. words, your act was premeditated.

5. The court is likely ____________________ in 6. Your brother ______________________ with a
favour of the defendant, as although what he said very serious crime. We are trying to get him released
about you is not true, we cannot prove that it has led on bail, but we cannot tell you yet what the bail will
to a financial or material loss. be.

7. In a case of homicide like this, it can be in your
interest to _________________ guilty to a lesser
offence, like manslaughter, in order to obtain a lighter
sentence.

8. As you ________________ to warn your
customers that the floor was slippery, the injured man
could file a suit for negligence.

7

B. Tort Law1

Warm-up
1. Tell your partner what you know about the following:
 plaintiff /claimant
 defamation
 slander
 nuisance
 civil remedies
 damages
 an injunction

2. Can you think of examples of civil wrongs other than the ones you discussed above?

3. Write a definition of plaintiff.
A plaintiff is …..

1 also called Law of Tort

LANGUAGE NOTE: the former/the latter

In formal writing, the former and the latter are often used to refer back to items that are mentioned in
the previous sentence. They can only be used when TWO items are mentioned.The verb form used after
the former/latter corresponds with the previously mentioned item.

 The claimant may be awarded compensatory or punitive damages. The former are awarded to
compensate the claimant, while the latter aim to set an example and deter others from committing the
same tort.

 Reading Comprehension

Lawyers deal with a wide range of civil matters, such as land disputes, wills, contracts, divorce
and torts. The majority of civil lawsuits in the US involve contracts and torts. Slander, nuisance
and negligence are all examples of torts. Read the text on the next page to find out more about
torts and what they involve.

8

1. Read the following text about tort law and fill in the spaces with one of the words
in the box. You will not use all the words.

LE 1.4

awarded (3 x) failing injuries remedy (2 x) which
committed former Involve sentence what
committing include latter suing wrong
crime injured (2 x) malpractice victimised wrongdoer
defective

A tort is a civil 1_______________ that results in harm to a person or property, 2_______________ may be
physical, emotional or financial. Examples of torts 3_______________ nuisance, negligence, trespass,
assault, battery, defamation, and false imprisonment. This wrong may be caused by an act, i.e. doing
something, or an omission, i.e. 4______________ to do something.

Torts are generally classified into three categories: intentional torts (e.g. assault), negligent torts (e.g.
medical 5_______________) and strict liability torts (liability for making and selling 6_______________
products).

The main aim of tort law is not to punish the 7______________, but to provide a 8_______________ to the
9_______________ party. (= aggrieved party in American English)

Damages 10_____________ to a plaintiff are usually compensatory, but in some cases punitive damages
may also be 11______________. The 12_____________ aim to compensate the plaintiff and restore him to the
position he would have been in if the tort had not been 13_____________. The 14_____________ are
sometimes 15_____________ to set an example and deter others from 16_____________ the same tort. As
well as compensation for damage to property or personal 17_____________, damages may be awarded
for loss of earnings, pain and suffering, and medical expenses.

In addition to 18_____________ for damages, the 19_____________ party may also sue for an injunction. This
20_____________ is frequently granted in cases of nuisance and trespass.

2. After reading the text, answer the questions below.
a) What is a tort?

b) Is the harm suffered always physical?

c) Explain in your own words: intentional tort /negligent tort.

d) When there is a civil action, what is the main aim of the court? What is the main aim in a criminal
trial?

e) Give two examples of when a court might grant an injunction instead of awarding damages.

f) What two types of damages are there? What is the aim of each type?

9

Language Use. Verb + noun collocations

1. Match the verb from A to the expression from B it collocates with to form collocations
frequently used in civil cases.

LE 1.5

Column A Column B
1. award
2. rule a) an action
b) the injured party / the victim / a person + for a loss

3. grant/issue c) damages / a remedy
4. bring d) in favour of / for the claimant / defendant
5. damage e) a tort / a crime
6. injure f) an injury /injuries / a loss / a wrong
7. compensate g) an injunction
8. settle h) a dispute / a claim / a case (out of court)
9. commit i) a person / somebody
10. file j) property / something
11. suffer k) a lawsuit / a claim

2. Fill in the following sentences taken from letters written by a lawyer to a client or on LE 1.6
behalf of a client with the collocations you formed above.

1. My client _____________________ a significant financial ____________________ as a result of the

defamatory article published in your newspaper last month and has, therefore,

instructed me to ____________________________________ against your newspaper.

2. Based on past precedents, we feel that the court
___________________________________________________________ , who will probably be awarded a
minimum of $100,000 in damages.

3. We recommend that you try _________________________________________ out of court, as the costs of
litigation can be very high.

4. We are pleased to inform you that we have the final decision in your case. In addition to
_____________________________ $25,000 in ___________________ , the judge
__________________________________________ to stop the defendant from entering your property.

5. We have two witnesses who will testify to the fact that Ms Smith ______________ (seriously)
____________________ when she slipped and fell in the bathroom of your restaurant.

6. We regret to inform you that as you _______________________________ both a _________________ and a
_________________ , you can be prosecuted by the state and the women that you attacked can
bring an action against you.

7. Our client, Elizabeth Hardy, has informed us that she will file a lawsuit unless your company
agrees ____________________________ her for the damage you caused to her property when you
were installing her air-conditioning system.

8. According to the medical report, my client _________________________ serious _____________________
when she was hit by your car in the pedestrian crossing.

10

Language note

Court rulings

The following verbs can be used to report court rulings in civil cases.
 The court found for the claimant.
 The Court ruled for / in favour of the claimant.
 The Court held / ruled / found that the defendant was (not) liable.

fail / failure
The verb fail and the noun failure are formal words used to refer to not doing something. Both are
followed by an infinitive.
 He did not exercise reasonable care. = He failed to exercise proper care.
 Negligence is a failure to exercise reasonable care to avoid injuring others.
 As you failed to install the proper safety measures, you could be held liable for negligence.
Notice that you can never use fail or failure to mean FALLAR or FALLO in the legal sense.

 We won´t know the Court´s failure until next week. 

damage /damages
It is important not to confuse these two terms, which are defined in Black’s Law Dictionary as follows:
 damage: loss, injury or deterioration caused by the negligence, design or accident of one party to another.
 damages: a pecuniary compensation or indemnification, which may be recovered in the courts by any

person who has suffered loss, detriment or injury through the unlawful act or omission or negligence of
another.
Notice the use of in when the amount of damages is indicated.
 The claimant was awarded damages.
 The claimant was awarded ₤50,000 in damages.
 The court awarded the claimant $650 in damages.

 The claimant was awarded with damages . 

11

 Video 1.1a - Lecture on tort law

URL: http://youtu.be/ubFvVPBrf4A

Listen to the lecture by a university professor called What is tort law? and complete the notes
taken by one of the students attending the lecture.
1. A tort is _______________________________________________________________________________ .

Four examples of torts:
a) _______________________________________
b) _______________________________________
c) _______________________________________
d) _______________________________________
2. Law of tort protects our _________________________________, usually against other people’s
______________________.
a) ______________________________ rights
b) ______________________________ rights
c) ______________________________ rights (e.g. ____________________ and ___________________)
3. Some acts are both torts (offences against an ___________________________________) and
_______________________ acts (offence against __________________________________________________).

eg. ______________________________________________________________________________________________

4. What is the difference between law of tort and law of contracts?
____________________________________________________________________________________________________

a. Contracts involve ___________________ obligations, i.e. we freely ______________ into contracts.

b. Torts involve _________________________________________________ obligations; i.e. obligations
_____________________ on us by law (not to ________________ negligently, not to
_______________________ nuisance)

5. Aims of Compensation in Law of Tort
a) Appease injured party, i.e. relieve anger as a result of the wrong _________________

b) Create _________________________

 Hold the wrongdoer ______________________ for the wrong _____________________.

 _____________________________ the injured party / victim. → main objective

c) ____________________ people from ______________________________________________ wrongs /torts.

12

REVIEW. Word Building
1. Transform the word in brackets to the appropriate form.

1. civil According to the court ruling (RULE), the ___________________________ LE 1.7
(DEFEND) was found ___________________________ (LIABILITY) for negligence.

2. ……………… During the ___________________________ (TRY), the state
___________________________ (PROSECUTE) was unable to present enough evidence
against Jim Brown, i.e. he presented insufficient ___________________________ (PROVE). As
a result, the accused was ___________________________ (ACQUITTAL).

3. ……………… The ___________________________ (CLAIM) has ___________________________ (FILE) a
claim for $30,000 in damages.

4. ……………… There are two kinds of damages that can be ___________________________
(AWARD): ___________________________ (COMPENSATE) and ___________________________
(PUNISH) damages. The former aim to compensate the ___________________________
(INJURE) party for the ___________________________ (LOSE) he has ___________________________
(SUFFER) while the latter are awarded to ___________________________ (DETERRENT)
others from ___________________________ (COMMIT) the same tort.

5. ……………… Our lawyer has told us that we will have to file a ___________________________
(SUE) if the other party does not agree to an out of court ___________________________
(SETTLE).

6. ……………… The murderer was ___________________________ (CONVICTION) and
___________________________ (SENTENCE) to 30 years’ ___________________________ (PRISON).

7. ……………… The doctor acted ____________________________ (NEGLIGENCE) when he failed
to ask the patient if she was allergic to any medicine.

8. ……………… As a result of the driver’s ___________________________ (FAIL) to stop and aid
the victim, he was ___________________________ (CHARGE) with manslaughter.

9. ……………… Robert sued the doctor for medical ___________________________ (PRACTICE)
and ________________________ (AWARD) $75,000 in _____________________________________
(DAMAGE)

10. ……………… The attorney for the defendant has advised his client to enter a
_____________________ (PLEAD) of not-guilty with the hope that he would be able to obtain
an _____________________ (ACQUIT).

Civil or criminal?
2. Go back and indicate if the sentences above relate to civil or criminal law by writing CI or
CR on the ………….. in front of each sentence.

Do Worksheet 1.2

13

Language Use. Indicating possibility / Speculating
Modal verbs to indicate possibility

Can / could are used to indicate that something is possible or permitted (eg. under law).

 You could be sentenced to 10-15 years’ imprisonment. (= That is what the law establishes.)
 We can call the nurse in the emergency room to testify on your behalf. (= We have that possibility).

may / might / could are used to speculate, to indicate there is a chance that something will
happen

 You may be awarded punitive damages. (I think there is a chance of that.)
 The company might bring an action against us for defamation. (I think there is a chance of that.)
 You could be called to testify at the trial. (This form can be misleading as it is not clear if the speaker wants

to indicate the law allows that or he thinks there is a chance you will be called.)
*Notice how may be are two words, not one. (You maybe awarded punitive damages. )

may not / might not (but not couldn’t) are used to indicate that there is a chance that something
will not happen.

 We might not be able to locate the witness.
 She may not include me as a beneficiary in her will.
Notice the difference between:
 They might not contact us (= That is a possibility) / They couldn’t contact us.(= They were not able to. It was

not possible.)

In addition to modal verbs, other expressions are used to indicate possibility. The following is a
summary of the expressions can be used to speculate (make predictions) about what will happen.

100% DEFINITE  X will happen.
 X is likely to happen.
 There is a good chance that X will happen.
 Somebody has a good chance of +….. ing
 X will probably happen.
 Perhaps X will happen.

50% POSSIBLE  X may / might / could happen.
 X may not / might not happen.
 X probably won’t happen.
 There is a (small/slight) chance that X will happen.
 There is a chance that X will not happen.
 X is not likely/ unlikely to happen.

0% POSSIBLE  X will not happen.

 Level B2- For further practice with these expressions, see Appendix 1.1.3

14

Types of torts and possible remedies
You are already familiar with the torts of slander, nuisance, negligence and assault.
Read the definitions of the following torts.
 trespass: = (verb-to trespass) entering private property without permission
 false imprisonment: = the illegal confinement of one individual against his or her will by

another individual
 negligence= the failure to use/exercise reasonable care

Level B2.  Group work

Each student will be assigned one of the three cases on the next page. When you are ready, the
teacher will form groups of 3. Go to the worksheets at the back of the book and complete
Worksheet 1.3 with the students in your group. Each student will explain and discuss his/her case
with the other members of his/her group, who should complete the Worksheet using expressions of
possibility wherever possible

Do Worksheet 1.3a

Level C1. Video 1.1b - INTENTIONAL TORTS

You will be assigned a video to watch on Intentional Torts. This video can be found in Moodlerooms.
As you watch, complete Worksheet 1.3b. Be prepared to discuss and apply the information provided
in the video in the next class.

Do Worksheet 1.3b

15

Case 1

Barbara was shopping for a dress for her sister’s wedding at Macy’s
Department Store when suddenly a security guard insisted that she
accompany him to the manager’s office. Barbara had an important job
interview in 30 minutes and urged the manager and guard to let her leave, but they refused. For
over an hour they questioned her about some jewellery that they accused her of stealing and
giving to another person to take out of the store. Finally another security guard appeared with a
woman who looked like Barbara, but was quite a bit older and taller. When the guard realised that
this was the woman who had been shoplifting, the manager apologised for the mistake and let
Barbara go.

Case 2

Tony Morrell had worked at a small chemical plant in Georgia for over ten
years when he started feeling dizzy as well as suffering from severe
headaches and other neurological problems. When he mentioned to his
doctor that at least a dozen other employees were having similar
problems, the doctor said that the problems could be due to exposure to high levels of mercury
and other chemicals. On inspection of the factory, Tony discovered some defective equipment and
leaks, which he felt were the result of poor site management. Tests carried out on Tony and several
of his fellow workers revealed they all had all been affected by the mercury in the factory.

Case 3

During his first semester at San Diego University Paul became very
friendly with Scott, who was from New Jersey. As Scott was living in a
dorm, Paul often invited him to spend the weekend at his home where they
spent most of the time swimming and playing tennis. Shortly after
Christmas they had a rather unpleasant argument and Paul stopped inviting Scott over. Several
months later Paul started finding his tennis court unlocked when he returned from class. As at the
time Paul was the only one living in his house, he started to worry that Scott had made a copy of
his keys. One day he skipped his Economics class and came home early to find Scott playing tennis
with his girlfriend on Paul’s tennis court.

16

Leading Cases
In the next activity you are going to read and discuss some leading cases. Leading cases have
usually been dealt with in a court of appeal as well as a court of first instance. They are called
leading cases because they are important cases which have set a legal precedent for subsequent
cases that are similar. Therefore it is important to be familiar with the language of appeals.

Before reading your case, look at the vocabulary below.
 A plaintiff or defendant who is not satisfied with the ruling can appeal to a higher court, which

will hear the appeal.
 The party who makes the appeal is known as the appellant and the party against whom the

appeal is made is the respondent.
 A court of appeal can uphold or affirm a ruling if it agrees with it or overturn or reverse a ruling

if it does not agree with it.
 When reporting what happens in an appeal, we often say. “On appeal, the ruling was upheld /

reversed”.

 Do Communication Activity 1.1A or 1.1B

Language note

Reporting verbs
Reporting verbs are frequently used in court cases.
 The counsel for the plaintiff argued that her client was dismissed unfairly.
 The defendant claimed that he had no contractual relationship.
 The defendant alleges that he was not in town on the night of the crime.
 The plaintiff contended that the doctor had been negligent when treating her.

On the grounds
This expression is used to give the legal reason for a claim, a protest or an appeal. It can be used
two ways. (that + subject + verb / of + nominal structure)
 The defendant claimed there was no case to answer on the grounds that there was no contractual

relationship.
 We can bring an action on the grounds of sexual discrimination.

On behalf of somebody
This expression (also on sb’s behalf) can be used with the following meanings:
When you do something to represent somebody
 My client cannot be with us today so I will be attending this meeting on his behalf.
When you do something to favour somebody
 We will try to get a colleague to testify on your behalf.

17

Language Use. Nominal structures VERB LE 1.8
NOUN arrive
diagnose
1) die
2) dismiss
3) expel
4) expose
5) fail
6) injure
7) lose
8) publish
9) settle
10) sue
11) testify
12) law……. treat
13) warn
14)
15)

Nominalization.
Nominal structures are frequently required in formal legal English. You always need a nominal
structure for the subject of a sentence and after a preposition.

1. Complete the following sentences with the nominal form of the verb either after the preposition
or as a subject of the sentence .

a) Sometimes you simply need to change a VERB  NOUN.
After time expressions like UPON

1. When the ruling was appealed, it was upheld. =
On appeal , the ruling was upheld.

2. When you arrive, you will have to show your passport. =
On___________________________________, you will have to show your passport.

After CAUSE /RESULT expressions ending in a preposition
3. You are likely to be acquitted because the nurse testified. =

You are likely to be acquitted thanks to _____________________________________________________.
4. Two students died because the doctor was negligent. =

The doctor’s negligence resulted in _________________________________________________________.

18

5. The workers were exposed to toxic gases, which caused them severe headaches. =
_____________________________________________________ caused them severe headaches.

6. The company failed to inspect the equipment properly. Consequently, defective products
were sold to its customers. =
___________________________________________________ resulted in the _____________________________
__________________________ to its customers.

b) Sometimes you need to change a VERB + ADVERB ADJECTIVE + NOUN.

7. John could not work because he seriously injured his back. =
John could not work due to ___________________________________________________________________

8. Five people were injured because Paul was driving recklessly. =
Five people were injured as a result of _____________________________________________________

9. There was a fire in our warehouse. As a result, we lost a substantial amount of money.=
The fire in our warehouse resulted in _______________________________________________________

c) Sometimes you need to use a NOUN + RELATIVE CLAUSE to include all the information
in the nominal structure.

10. I was awarded damages. I will now be able to cover my medical expenses. =
I will now be able to cover my medical expenses thanks to __________________________________
______________________________________________________________________________________________________

11. We had to pay the claimants $75m in damages. As a result, our company became insolvent. =
Our company became insolvent as a result of ________________________________________________

12. We installed safety measures last year. As a result, we discovered the leaks before they
caused any damage. =
We discovered the leaks before they caused any damage thanks to_________________________
______________________________________________________________________________________________________

d) Sometimes you need to think of a nominal structure similar in meaning to express the
same information. (e.g. failure = when sb does not do something or is not successful)

13. The company did not properly maintain the installations. Consequently toxic gases leaked
into the factory. =
Toxic gases leaked into the factory as a result of the company’s ________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________

14. Several thousand bottles of contaminated soda were sold because the company did not
exercise proper care. =
Several thousand bottles of contaminated soda were sold due to _______________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________

15. The DA was not able to convince the jury. Therefore the defendant was acquitted. =
The DA’s __________________________________________________________________________________ led to the
defendant’s _____________________________________.

 Level B2- For further practice with Nominalization, see Appendix 1.3.1

19

Language Use (C1)
Cause and result (C1)
Causation is an important concept in both civil and criminal cases. Plaintiffs frequently have to
prove that an act or failure to act (omission) was the main cause of the damage suffered.

1. Look at some of the expressions below from cases we have seen below used to indicate cause. Look
at how they are used and then complete the sentences about the leading cases you discussed
previously. Be careful to use the correct structure for each expression.

Cause (C1)

 The third mate’s inability to properly maneuver the vessel was possibly due to fatigue and
excessive workload.

 A manufacturer can be held liable for any damage which resulted = resulting from a lack of care
in the manufacturing of a product.

 As the installations were not properly maintained, an excessive amount of mercury leaked into
the factory.

 On inspection of the factory, Tony discovered some defective equipment and leaks, which he felt
were the result of poor site management.

 Barbara was late for her job interview because the store manager would not let her leave.

a) Donoghue v Stevenson is considered a very important case because __________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________

b) As Mrs Donoghue did not order the food herself _______________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________

c) Mrs Donoghue had a severe case of gastro-enteritis, which resulted from __________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________

d) The area the ship was sailing in the night of the accident was considered a dangerous area due
_______________________________________________________________________________________________________

e) Thousands of fish died as a result of_____________________________________________________________
____________________________________________________________________________

2. In which of the above sentences can you also use the following?
because of / since / given

20

Result (C1)
1. Look at some of the expressions below from cases we have seen below used to indicate result.
Look at how they are used and then complete the sentences about the leading cases. Be careful to
use the correct structure for each expression.
 The problems with the dry cleaner’s made Frank angry.
 10.9 million U.S. gallons of oil were spilled into the Prince William Sound, causing the death of

thousands of animals
 The oil spill caused hundreds of people to lose their jobs.
 As a result, the economy of the city of Cordova was adversely affected.
 The noise and smell make it impossible for Mary to use her garden.
 A tort is a civil wrong that results in harm to a person or property.

a) The contaminated ginger beer made ___________________________________________________________
______________________________________________________________________________________________________

b) The ship struck a reef in the sea, causing ______________________________________________________
______________________________________________________________________________________________________

c) The Captain of the ship had been drinking on the night of the accident. As a result, _______
______________________________________________________________________________________________________
______________________________________________________________________________________________________ .

d) All the damage caused by the oil spill resulted in _____________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________

e) The large number of reefs and the fact that it was night made _______________________________
______________________________________________________________________________________________________

2. In which of the above sentences can you also use the following?
lead to - led to / Consequently,

21

1 2 3 4
CONJUNCTIONS ADVERBIALS VERBS PREPOSITIONS

Connect sentence Connect a
clauses
clause + clause sentence logically Followed by a nominal structure
to a previous

sentence.

Introducing a as a result of, because of,
reason or due to, owing to, thanks
cause because, since, as, result from, ( to*, in view of,
given that be) the result of given + nominal
Introducing a
consequence structure.
or result
CONJUNCTIONS ADVERBIALS VERBS PREPOSITIONS

Connect sentence Connect a
clauses
clause + clause sentence logically Followed by a nominal structure
to a previous

sentence.

with the result that, so, As a result, lead to, result
which is why Consequently, in,
Therefore, cause*, make*

Language note

THANKS TO
THANKS TO+ nominal structure only introduces POSITIVE information.

 Thanks to his attorney, Paul won the lawsuit.
 Thanks to his attorney, Paul lost the lawsuit.

*CAUSE-CAUSED-CAUSED
1. CAUSE + nominal structure only introduces NEGATIVE information.

 The facts presented in court caused the defendant’s acquittal.
 The oil spill caused the death of thousands of fish.
 The contaminated ginger beer caused Mrs. Donoghue’s illness.

2. cause sth to (happen) with negative result.

 The oil spill caused thousands of fish to die.
 The contaminated ginger beer caused Mrs. Donoghue to become ill.

*MAKE-MADE-MADE
You can use it for either positive or negative results.
1. make sth (verb)

R The oil spill made thousands of fish die.

2. make sth (adjective)
R The problem with the dry cleaner’s made Frank angry.
R The oil spill made fishing in the area impossible.

3. make it + adjective + (for somebody) to do
R The oil spill made it impossible to fish in the area. = made fishing in the area impossible.
R The animal smells made it necessary for Mary to keep her windows closed.
R The noisy disco made it difficult for Paul to sleep at night.

Do Worksheets 1.4 / 1.5
22

Language Use
Expressing Finality/Purpose
Do not confuse the expressions below.
RESULT
SO (=with the result that) + sentence(=así que) introduces a result.

 Scott did not want Paul to use his tennis court so he brought a claim/ an action against him.

PURPOSE/FINALITY
The expressions below are used to express purpose, to explain why we do things.
TO – IN ORDER TO – SO AS TO (formal) + verb (=para)

 The plaintiff sued the defendant (in order) to recover damages / claim damages.
 The court awarded compensatory damages (in order) to compensate the victims for their loss.
 The court awarded punitive damages (so as) to deter (= dissuade) other petroleum companies from causing similar oil

spills in the future.

SO THAT + sentence (=para que)
This expression must be used when there is a change of subject .

PRESENT
 Courts generally award punitive damages so that others do/will not commit a similar tort.
 The lawyer has advised Peter to filea claim / an action so that he can be compensated for a loss.
PAST
 The court awarded punitive damages so that petroleum companies would be more careful in the future.
 The judge awarded Tony damages so that he could pay for his medical bills.

Complete the following sentences. Be careful with the verb form.
a) A public building must have smoke alarms so that ____________________________________________

______________________________________________________________________________________________________

b) In cases of trespass, the judge usually grants an injunction so that __________________________
______________________________________________________________________________________________________

c) Paul decided to change the lock on his tennis court so that ___________________________________
______________________________________________________________________________________________________ .

d) Mary usually brings her laptop to class in order to ____________________________________________
______________________________________________________________________________________________________

e) The counsel for the plaintiff contacted the doctor in the emergency room so as to
___________________________________________________________________________________________________

f) (Letter from a lawyer to a client) I am writing to _______________________________________________
___________________________________________________________________________________________________

g) In a civil case, the court generally awards damages in order to _______________________________
______________________________________________________________________________________________________

Do Worksheet 1.6
23

Language use
Use of past tense verbs: simple past / past continuous/ past perfect

As you have seen the past tense is used to explain the facts of a case. Most cases can be told by simply
using the simple past, but you will sometimes use the past perfect to emphasize sequence and the past
continuous to indicate a background situation.

1. Complete the following sentences about the leading cases we have studied with the LE 1.9
correct verb tense. In some cases you may have to add a MODAL verb as well.

be go leave pour
carry happen make strike
discover have order travel

1. The ship __________________________through the Valdez Narrows when the accident
_________________________.

2. The ship _________________________ 54.1 million U.S. gallons of oil when it ________________________ a
reef in the sea.

3. When Sailor Keegan began his 12-hour duty at the helm he (not) ____________________ the 6-
hour mandatory rest that all sailors are supposed to have.

4. It was the company’s policy to give all crew members a 6-hour rest period so that they
____________________ alert when on duty.

5. The ship master ___________________ Sailor Keegan in charge of the ship and
________________________ to his cabin to sleep for the rest of the night.

6. May met her friend in Paisley so that they ____________________plans for their summer holiday.

7. May and her friend ________________________ to a café, where May’s friend ________________________
ginger beer and ice-cream.

8. While May’s friend _______________________ the remainder of the beverage into the glass, May
_________________________ a decomposed snail in the ginger beer.

24

LEADING CASE. Liebeck v. McDonald’s Restaurants, P.T.S., Inc.

1. Describe the cartoon above to your partner. Identify the different people that appear in the scene,
identify their legal role in the scene and discuss what you think the case is about.

2. Below are the facts of a very well-known case involving a leading U.S. fast food LE 1.10
hamburger chain. Complete the facts with the verbs in the grid below. Make sure you use
the correct form of the verb. In one gap you will have to add a modal verb.

absorb diagnose hold order serve stop take (3x)
add spill suffer wear
drive hospitalize place

In February 1992, Stella Liebeck, the plaintiff, ____________________1 some coffee at the drive-through
window of a local McDonalds. She __________________2 the coffee, which ___________________3 in a
styrofoam cup with a plastic lid, and __________________4 it in her hand until her grandson, who
______________________5 the car, _________________6 at the side of the road so that she ____________________7
sugar and cream to her coffee. Ms Liebeck ___________________8 the coffee between her knees, and
while she ____________________9 off the lid, she ____________________10 the entire cup of coffee onto her
lap. Unfortunately, Ms Liebeck ___________________11 cotton sweatpants which ________________________12
the extremely hot coffee. She _________________________13 to the hospital, where the doctors
_____________________14 that she ____________________15 third-degree burns from the coffee. Ms Liebeck
____________________16 for 8 days and had to receive treatment for two years.

 Level B2- For further practice with Verb Forms/tenses, see Appendix 1.1.2

25

 Video 1.2 – Liebeck vs. McDonald’s

In MOODLEROOMS, watch and listen to a news program about
the leading case, Liebeck v. McDonald’s Restaurants, P.T.S.
Inc., and answer the following questions in complete sentences.
1. How old was the plaintiff in this case? When did it happen?

2. Did Ms Liebeck’s grandson park the car after going through the drive-through window at
McDonald’s? Why did he do this? (use SO THAT in your answer)

3. What effect did the burns have on Mrs. Liebeck?

4. How much did Ms Liebeck have to pay for her medical care?

5. What did Ms Liebeck do first? What was McDonald’s response?

6. What did Ms Liebeck do after this? What did her lawyer try to do before taking the case to court?

7. Why did Stella Liebeck claim she was suing McDonalds?

8. What did the plaintiff’s lawyers allege in their lawsuit?

9. How many people had suffered similar injuries because of the temperature of McDonald’s hot
drinks?

10. What did McDonalds’ defense attorney argue?

11. How long did the jury deliberate? What did its members decide? (use AFTER in your answer)
After .........................................................................................................................................
...................................................................................................... in compensatory damages.

12. How much did the jury award in punitive damages? What was this figure based on?

13. What did the media do with the story?

14. What was the final outcome of this case?

* NOTE: In the US, the lawyer representing the defendant is called the defense attorney or attorney for the defense and
the lawyer representing the plaintiff the attorney for the plaintiff. In the UK, the lawyer representing the defendant is
called the counsel for the defence and the lawyer representing the claimant is the counsel for the claimant.

26

C. Working with clients

Asking questions

In this unit you will be meeting with clients

about a legal problem. For both the lawyers and

clients, an important part of the first meeting is

obtaining detailed information. They

usually ask three different kinds of

questions: LE 1.11

1. Unscramble the questions below and then write them out in full under the appropriate category
below.

1. serious /cause / Were / aware / the / was / hot / you / enough / to / burns? / that / coffee

2. do / spilled / What / you /you /coffee? /did / when/ the

3. open /grandson / you / the / while / the / your / was / Did / driving / coffee /car?

4. your / affected / How / injuries / personal / your / life? / have

5. legally / caused / products? / MacDonald’s / for / injuries/ their / Isn’t / any / by / responsible

6. lose / I / the /will / happen / if / case?/ What

7. a / have/ winning / I /chance / of / the / Do/ good / case?

8. if /cause /coffee / Didn’t/ realise /you /you /burns / the hot /could /that /serious / spilled it?

9. to / medical / Can’t / my / McDonald’s / pay /we /get / bills?

WH - questions (information questions)

Negative questions

Yes-No questions (Closed questions answered with a yes or no response)

2. Working with a partner choose one of the other cases we have worked with and write six
questions (two of each kind) that may have been asked in the client-lawyer meeting.

 Do Communication Activity 1.4A or 1.4B

27

Giving advice

Legal proceedings can be expensive for both parties involved.
That is one of the reasons why frequently a lawyer’s first
recommendation is that the injured party and the
wrongdoer try to reach an out-of-court settlement. However,
when no settlement can be reached, as in the case of Ms
Liebeck, lawyers usually recommend that the client initiate
legal proceedings.

1. There are several expressions that the lawyer may have used
to give Ms Liebeck advice. Complete the following sentences
with the same advice:

One option is to file a claim against the company.

 You might consider _____________________________________________________________

 You should ____________________________________________________________________

 I advise _______________________________________________________________________

 My advice is that _______________________________________________________________

 I suggest* _____________________________________________________________________

I suggest ______________________________________________________________________

 I recommend* _________________________________________________________________

I recommend __________________________________________________________________

*These verbs can be used in more than one way. Which would be more formal?
2. Rewrite the advice the lawyer gave his client using the word(s) given:
When McDonald’s initially offered to pay Ms. Liebeck $800, her lawyer thought the offer was
unacceptable. Consequently, he gave her the following advice.
You shouldn’t accept their offer.

 I advise _______________________________________________________________________

 My advice is that _______________________________________________________________

 I suggest ______________________________________________________________________

 I recommend __________________________________________________________________

28

Language note

advice / advise

The verb (advise) and the uncountable noun (advice) are spelled and pronounced
differently.
 Our attorney has advised us to file a claim.
 My lawyer has given me some very good advice.
 My lawyer gave me a good advice.

sue / bring an action / file a claim or lawsuit / initiate legal proceedings
Many different expressions can be used to mean “take somebody to court”.
 Ms White has brought an action against the company for negligence.
 I suggest that you sue your doctor for negligence.
 If we cannot reach a settlement, my client will file a claim against your company.
 I have been instructed by my client to initiate legal proceedings (against your company) if you do

not publicly retract your statement immediately.

2. Frequently confused words
1. Match the following verbs with each definition.

deny refuse

=to state that something (an accusation / allegation against you) is not
true

= to say you will not do something or

= to not accept (e.g. invitation, offer) or agree with something.

Complete the table below.

VERB NOUN

advise

refuse

deny

2. Ms. Liebeck did what her lawyer told her to do but failed to reach an out-of-court settlement
with McDonald’s. Below is a short summary of Ms. Liebeck’s negotiations with McDonald’s.
Complete it with one of the words above.

Following her lawyer’s _________________, Ms Liebeck asked McDonald’s to cover her medical
expenses, which amounted to $20,000, but the company __________________ to pay that amount
because it ___________________ being responsible for the spilled coffee. McDonald’s did, however, offer
to settle the claim for $800. The lawyer _______________________ Ms Liebeck to ____________________ their
offer and file a claim against the company.

Do Worksheet 1.7
29

Letter writing
Although much of professional correspondence is done today via e-mail, especially when
communicating with colleagues and steady clients, letters are still a common form of
communication for lawyers. Lawyers frequently need to include documents, deal with
confidential information or notify a third party that legal action is being brought. In these cases a
letter may be necessary. Typical letters written by lawyers include:

 letters to other lawyers (presenting offers, making and refuting allegations, serving
documents on the other party, or providing/requesting information)

 Letters to clients (providing legal advice, requesting/providing information, requesting
further instructions from the client or advising clients as to the progress of the case)

 Letters to third parties (court officials, barristers who will plead the case in court,
possible witnesses, or a party with whom a client is negotiating a settlement)

30

Practice LE 1.2
Letter writing review

1. Last year you studied common expressions used in letters and e-mails in other courses. See
if you can remember what expressions you would use to indicate the following:

You are answering a previous letter

 ___________________________________ your letter of May 8, I …
 _____________________________________ our meeting of 3 October, …
You want to indicate the purpose of the letter

 … , __________________________ to confirm / inform you / request/ provide you with further
information…

You want to introduce good news

 _________________________________ that Dr Evans has agreed to testify on your behalf.

You want to introduce bad news

 ___________________________ that we have not been able to reach an out-of-
court settlement with the other party.

You want to ask somebody to do something

 _________________________________ if you could send us a copy of your
employment contract as soon as possible.

You want to offer further assistance

 If you have any questions / Should you require further information, ______________________

You want to receive a reply

 I look _________________________________________________ shortly / in the near future.
REMEMBER:
 Do not use contractions. Use full forms. E.g. have not instead of haven’t.
 Use a formal register. Do not begin sentences with BUT/AND/ALSO. Write complex sentences,

using subordinate clauses and linking words.

31

2. Look at the letter on the next page written by Ms Liebeck’s attorney to the legal department of
McDonald’s Corp. For each of the blank spaces decide which of the three answers provided would be
most suitable for a formal professional letter from a lawyer. In each space, there may be one,
two or three suitable answers. Your teacher will go over this in class and you should be
prepared to defend your answers.

1. a) June 8, 1992 b) 8 June 1992 c) 8/6/92
c) Dear Mr Robertson
2. a) Esteemed Colleague b) Dear Mr Albert c) represent
c) My client has informed me that
3. a) work for b) act on behalf of c) could add
c) due to
4. a) According to my client, b) My client says that c) my client told you
c) what
5. a) added b) can add c) refused
c) claiming
6. a) because b) because of c) instructed
c) required
7 a) you know b) you are aware c) communicate
c) to hearing
8. a) that b) which c) Kind regards

9. a) rejected b) denied

10. a) alleging b) arguing

11. a) advised b) warned

12. a) requested b) instructed

13. a ) inform b) notify

14. a) hearing b) to hear

15. a) Yours faithfully b) Yours sincerely

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13372 Madison Avenue  Albuquerque, NM 87110

1) ___________________

Mr Albert Robertson
McDonald's Corporation
2111 McDonald's Dr.
Oak Brook, IL 60523

2) _______________________

Our Client: Stella Liebeck
Claim involving injuries suffered on March 4, 1992

We 3) _________________________ Ms Stella Liebeck in relation to injuries she suffered as a result
of coffee she purchased at a McDonald’s restaurant on March 4, 1992.

4) ___________________________ on March 4, 1992 she purchased a cup of coffee at a McDonald’s
drive-through window. Once the coffee had been served, the driver of the car stopped in a nearby
street so that Ms Liebeck 5) ___________________________ sugar and cream to the coffee. While
opening the lid on the styrofoam cup, Ms Liebeck spilled the coffee into her lap. Subsequently, she was
taken to the emergency room of the nearest hospital, where it was diagnosed that she had suffered
third-degree burns over 6 percent of her body 6) _______________________________________ the
coffee was served at a temperature which represented a safety hazard for any consumer.

As 7) _____________________________________ , Ms Liebeck was hospitalized for eight days and
had to undergo extensive medical treatment, including three skin grafts. On May 15, Ms Liebeck sent
you the doctor’s report and asked McDonald’s Corp to cover her medical expenses, 8)
_______________________________amounted to $20,000, but the company 9)
__________________________________to pay this amount, 10) ________________________ that
they were not liable for Ms Liebeck’s injuries.

We have 11) _________________________ Ms Liebeck that she has grounds to file a claim against
your company for gross negligence. She has 12) _________________________me to 13)
___________________________ you that unless McDonald’s Corp agrees in writing to compensate
her for the total amount of her medical expenses within the next 15 days, we will be forced to initiate
legal proceedings immediately.

We look forward 14) ________________________ from you shortly.

15) ________________________________

Paul Walsh

Paul Walsh

Attorney at law

Walsh, Madison & Griffith

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 Listening 1.1– Client-lawyer meeting

You are going to listen to a meeting between a lawyer and her client regarding a case of
defamation. Defamation is the tort of making a false statement that harms somebody’s good name
or reputation. A defamatory statement can take two forms:
 slander: a false statement expressed in spoken words which damages a person’s reputation
 libel: false publication in the form of words or pictures that damages a person's reputation (Adj.-

libellous )
Other useful vocabulary:
 to expel: to officially force someone to leave a school , organization or country (N.-expulsion)
 to dismiss: to fire, to remove someone from their job (N.-dismissal)

Task One
Listen to the beginning of the meeting and complete the following sentences.
Mr Kelly has chosen this lawyer because ___________________________________________________ . Before
retiring, Mr Kelly was a teacher at St. Bernadette’s School, where he taught
__________________________________________________. As ________________________________________________________,
he was not very popular with his students. Mr Kelly retired in
__________________________________________ .

His pupil, Gary Hetherington was expelled from school because ___________________________________
___________________________________________________________________________________________________________ .

Gary’s father’s alleged _________________________________________________________________________________ .

Now, over 20 years later, Gary has _____________________________________________________________________
____________________________________________________________________________________________________________.

According to English law, an Internet service provider ______________________________________________
___________________________________________________________________________________________________________ _
____________________________________________________________________________________________________________.

In a similar defamation case tried in Lincoln in 2002, the Court ____________________________________
____________________________________________________________________________________________________________
__ _________________________________________________________________________________________________________ .

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Task Two

When meeting with a client certain expressions are used for the different pats of a client /lawyer
meeting. Complete the following table with expressions from the interview in all the spaces where
you find …

Greeting Good afternoon, please …

Getting started What brings you here today?

Responding to How ……………
client or lawyer Oh dear, I’m ……………
I see. Please go ……………

Has he …

Obtaining Certainly. / Precisely./ That’s exactly what happened.
information Would you ……………
Can you tell me ……………

What happened next? / Could you tell me exactly what
happened?/ Please give me as much detail as possible.

Asking for What do you mean?
clarification Why did they do that?

Ensuring you have You mean this ……………
understood So what you mean is that he actually threatened you.

I understand that they dismissed you without notice. Is that
right?

Talking about But the fire was not the direct cause of your injuries. Am I right
possibilities in saying that?
I imagine that the service provider ……………
If the facts are correct, there’s ……………

Finishing up There’s a good chance that your employee will file a lawsuit.

I think we have all the information we need. We’ll get back to
you as soon as we have studied the facts and evidence.

Do Worksheet 1.8
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Task Three

Language Use
Conditionals
Look at the following sentences taken from client/ lawyer meeting and letters written by lawyers.
You will notice that both the client and the lawyer frequently use conditional structures
 If the story is true, we can’t bring an action, even if the facts are unpleasant.
 If the defamatory statements are removed immediately, we will be willing to settle out of court.
 What will happen if we cannot find the witness?
 Unless you agree to cover our client’s medical expenses, we will be forced to commence legal

proceedings.
 Who will pay the court fees if the court rules in our favour?
 Unless you can show there is a warning on the package stating that it is not suitable for small

children, you may/ could/ might be sued for negligence.

For homework you listened to a case involving defamation. When the man who published the
statement on the web received a letter from Mr Kelly’s lawyer, he made an appointment to consult
his own lawyer. Below are some of the exchanges between Gary and the lawyer. Finish them in an
appropriate way.
Gary: Can this guy actually sue me?

Lawyer: You claim that the statements are true, but unless you __________________________________
, he can bring an action for libel.

Gary: What ______________________________________________ if he does bring an action against me?

Lawyer: We could always try to settle out of court. If we manage to reach an agreement, you_
________________________________________________________________.

Gary: And if Kelly refuses to settle out of court, how much do you think _____________________
_____________________________________________________________________________________________ ?

Lawyer: Based on a precedent set in 2002 in Lincoln, the court __________________________________
as much as £1,250 in damages and costs.

Gary: If I had known how expensive this was going to be, I ______________________________never
____________________________________ .

36

D. Criminal Law

Warm-up
Discuss the following with a partner:
 What do you know about criminal law?
 Can an act be both a criminal offence* and a tort? If so, what happens in this case?
 Name at least three crimes and describe them.
 If there is a criminal court case, who are the parties?
 The aim of a civil action is to compensate the injured party. What is the aim of a criminal

prosecution?
 What rights does a criminal defendant have?
 In a civil action, the claimant usually has to prove that his claim is more than 50% probable.

What about in criminal cases? Who has the burden of proof?
 What kind of evidence can be presented in a criminal trial?
 Who decides if the defendant is guilty or not guilty?
 What happens if the defendant is found guilty?
 Have you ever seen a criminal trial in an American movie? If so, tell your partner about it.
 Is criminal procedure in Spain like in the US? What is different?
 In Spain you hear a lot about the examining-magistrate or examining-judge. What is the role of

this judge?

37

The Spanish system for criminal procedure is referred to as the inquisitorial system. This is a

legal system in which the court is actively involved in investigating the facts of the case. By

contrast, in the Anglo-Saxon system, known as the adversarial system, the role of the court is

primarily that of an impartial referee between the prosecution and the defence*. In

this system, each side collects and presents its own evidence.

Can you identify which system is being described in each of the two boxes below? LE 1.22

a

a

*American English: criminal offense and the defense (attorney)

FALSE FRIENDS. In this section you are going to learn about criminal trials. Before doing so, look at
the list of terms below and translate as many as you can into English, in some cases, more than one
answer is possible. Beware of false friends.

 abogado defensor  falta
 acusado/procesado  fiscal
 cargos  juicio
 declarar culpable  miembro del jurado
 absolver  pruebas
 delito  sentencia
 derecho penal  testimonio
 pena, condena  denunciar un crimen
 procesar  vista oral
 recurso, apelación  to dismiss a case

38

Vocabulary

Before looking at criminal procedure in detail it is important to see the difference between civil
and criminal terminology.

1. Look at the text below and complete the first part with the correct form of a word LE 1.13
from the box. VERBS will have to be put into the correct form and/or tense.
verdict
ACQUIT COMMIT fine offense self-defense victim
bail CONVICT guilty PROSECUTE SENTENCE (2)
CHARGE FIND imprisonment prosecution TRY

On January 8th Peter Jenkins entered a local bar with a baseball bat and went up to Jerry King, who
was at the bar having a beer. Peter grabbed Jerry by the collar, threatened to kill him and then
threw him on the floor and struck him several times with the bat. The _______________1 was seriously
injured. Peter was arrested and the following is the conversation he had with his lawyer when he
was released on _______________2 .

Lawyer: You _______________3 with assault and battery*, which is a felony.

Peter: What’s that?

Lawyer: A felony is a serious _______________4 .

Peter: So, what happens now?

Lawyer: You _________________________5 by the state. That means you ________________________6 by
a judge and jury in a state court and can either be _______________7 or _______________8..

Peter: Can you defend me?

Lawyer: Yes, I can act as the attorney for the defense.

Peter: So, you have to prove I’m not _______________9..

Lawyer: No, the burden of proof is on the ______________10.. The District Attorney will have to
prove to the jury that you _____________11 a criminal act and you did so with criminal
intent (mens rea). There were a lot of witnesses and you were obviously not acting
in _______________12, so there is a very good chance that you _______________13 guilty.

Peter: The jury decides if I am guilty or not. What about the judge? Doesn’t he do
anything?

Lawyer: Well, if the jury reaches a _______________14 of guilty, the judge will impose a
_______________15 .

Peter: Like?

Lawyer: You could _____________16 to up to two
years’ _____________17 . The judge could also
impose a _____________18 .

*Assault and battery = threatening and physically
injuring somebody

39

Now complete the remaining part of the conversion with the correct civil terminology. One word
per gap.

Peter: Whew, my future’s looking bleak.

Lawyer: There’s something else you should know. Assault and battery is also a civil _____________19
.

Peter: What does that mean?

Lawyer: The _____________20 party could also bring an _____________21 against you.

Peter: But I can’t be convicted twice for the same thing!

Lawyer: No, this would be a civil case, but if the court finds you _____________22 , the _____________23
, Mr King, may _____________24.damages, in which case you would have to pay him
money to _____________25 him for the injuries _____________26 .

Language note:

In a civil case, a lawyer might say “We have a good chance _____________________ the case.”

In a criminal case, if a lawyer thinks that the state prosecutor does not have a strong case, he
might say to his client,. “You have a good chance of ________________________________________
____________________________________.” However, if the lawyer thinks that the outcome is going to be
negative, he would not say this. He could only say, “There is a very good chance that you will
be ______________________________.

A crime is an act or an omission of an act, in violation of a public law.

2. Match each of the following criminal offenses with its corresponding definition. LE 1.14

TYPES OF CRIMES a. killing with intention

1. manslaughter ____ b. assisting in carrying out a crime

2. bribery ____ c. entering a building unlawfully and stealing

3. murder ____ d. threatening and physically injuring somebody
4. robbery ____
5. blackmail ____ e. the receiving or offering of money or anything of value by or to a
6. burglary ____ public official in order to influence his behaviour
7. assault and battery ____
8. insider dealing ____ f. process of concealing the true origin and ownership of money made
9. forgery ____ through criminal activities
10. embezzlement ____
g. theft with force or the threat of force

h. illegal use for one’s own purpose of money that has been entrusted
into your care by an organization or company for which you work

i. deliberately setting fire to something with the aim of destroying it

j. unlawful demand of money under threat

11. arson ______ k. taking property which belongs to another

12. aiding and abetting ___ l. the act of making, adapting, or imitating objects, signatures, or
13. money laundering ____ documents with the intent to deceive or defraud
14. theft ____
m. killing unintentionally due to negligence or an illegal act

n. using information that is not available to the public to buy or sell
securities in order to make a personal gain or avoid a loss

40

Language Use
a threat / to threaten
The verb to threaten is a regular verb and can be used the following ways.
 Peter has threatened me (threaten + somebody)
 He has threatened to publish the pictures in the town paper. (threaten + to do something)
 The burglar threatened me with a knife. (threaten + somebody + with something)
You cannot say: He has threatened me to publish the pictures. 
The noun is threat.
 The Prime Minister received several threats from terrorist groups.
 I am afraid that the company may carry out its threat to dismiss you.
The adjectives threatened and threatening can be used.
 I feel threatened by his conduct.
 I have received a threatening letter from my ex-girlfriend.

Translate the sentences below.
1. El empresario ha recibido varias amenazas de la Mafia.

2. EL juez criticó el tono amenazante del fiscal.

3. El terrorista amenazó con hacer estallar el edificio si no se le entregaba 20 millones de
dólares.

4. España y EEUU lucharán juntos contra nuevas amenazas químicas.

5. Un joven adicto a la cocaína amenazó a sus padres con una pistola.

6. El joven amenazó a sus padres con quitarles la vida si no vendían su casa y le daban el
dinero.

41

 Reading Comprehension

Read the following text and do the three exercises which follow. Be prepared to explain criminal
procedure and answer questions on it in the next class.

Criminal Trials in the U. S.

When a person is charged with a criminal offense, he is first
asked to plead guilty or not guilty to the charges. A
criminal defendant who pleads not guilty will then be tried
in court. He is entitled to a public trial and has the right to
be present and represented at the trial. During the trial a
judge or jury determines whether the defendant is guilty or
not guilty based upon the application of criminal law to the
facts of the case. The criminal defendant must be given the
opportunity to present evidence in his or her own defense
and to question the prosecution’s witnesses.

Generally, a criminal defendant is entitled to a trial by jury in all felony cases and in any
misdemeanor1 case punishable by more than six months’ imprisonment. The jury is made up
of 12 people. The jury is carefully selected by both sides, the prosecution and the defence, to
ensure that the jurors are impartial.

During the actual trial evidence is presented first by the prosecution and then by the defense
attorney. The evidence presented may consist of the oral testimony of witnesses, documentary
evidence, and physical evidence, such as a weapon with the defendant’s fingerprints on it. All
witnesses testify under oath, which means they swear in court to tell the truth. The witnesses
are first questioned by the party who called them (prosecution or defence), in such a way that
will help their case. The witnesses are then subjected to a cross-examination, in which the
opposing party attempts to discredit the testimony or demonstrate that it is incomplete.

When the prosecution and defence finish presenting their cases, the judge explains to the jury the
law relevant to the case and what the prosecution must prove in order to convict the defendant.
The judge then gives the jury directions concerning how to apply the law to the facts before the
members of the jury retire to deliberate.

The jury must reach a unanimous verdict. Once the verdict is reached, the jury returns to the
courtroom, the defendant is asked to stand and the verdict is delivered.

If the jury has reached a verdict of guilty, the defendant is convicted and the judge imposes a
sentence. Depending on the offense, the defendant may be sentenced to imprisonment or to pay
a fine. The judge may also decide to suspend the sentence and release the defendant on
probation or order the defendant to do community service.

The burden of proof is on the prosecution in a criminal trial. This means the defendant is
presumed innocent until the prosecution proves each element of the crime beyond a
reasonable doubt. Thus the law requires the jury to acquit the defendant unless it is convinced
of the defendant’s guilt beyond a reasonable doubt.

1spelled misdemeanour in British English

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