READING MATERIAL FOR LEGAL ENGLISH

WEEK 1

DEFINITIONS OF LAW

LAW That which is laid down, ordained, or established. A rule or method according to which
phenomena or actions co-exist or follow each other.  Law, in its generic sense, is a body of rules of
action or conduct prescribed by controlling authority, and having binding legal force.  Black's
Law Dictionary (1990)

The Human Race is ruled by two things:  namely, natural law

and usages (mos, moris, mores).  Natural law is what is
contained in the law and the Gospel.  By it, each person is
commanded to do to others what he wants done to himself
and is prohibited from inflicting on others what he does not
want done to himself.   Gratian, Decretum D.1 d.a.c.1 (ca.
1140 A.D.)

LAW 1. The principles and regulations established by a government and applicable to a people,
whether in the form of legislation or of custom and policies recognized and enforced by judicial
decision. 2. Any written or positive rule or collection of rules prescribed under the authority of the
state or nation, as by the people in its constitution.  The Random House Dictionary of the English
Language

 
LAW 1. A body of rules, whether proceeding from formal enactment or from custom, which a
particular state or community recognizes as binding on its members or subjects.  Oxford
Dictionary of the English Language

 
LAW Rules of conduct of any organized society, however simple or small, that are enforced by
threat of punishment if they are violated. Modern law has a wide sweep and regulates many
branches of conduct.  Columbia Encyclopedia

DICTIONARY ENTRIES:
1. The principles and regulations established in a community by some authority and applicable to its
people, whether in the form of legislation or of custom and policies recognized and enforced by judicial
decision.
2. Any written or positive rule or collection of rules prescribed under the authority of the state or nation,
as by the people in its constitution.
3. The controlling influence of such rules; the condition of society brought about by their observance:
maintaining law and order.
4. The body of such rules concerned with a particular subject or derived from a particular source:
commercial law.

DEFINITIONS OF LAW1

1. A recognized causal link or principle whose violation must or should result in a penalty as failure,
injury, loss, or pain.
2. The binding rules of conduct meant to enforce justice and prescribe duty or obligation, and derived
largely from custom or formal enactment by a ruler or legislature. These laws carry with them the
power and authority of the enactor, and associated penalties for failure or refusal to obey. Law
derives its legitimacy ultimately from universally accepted principles such as the essential justness of
the rules, or the sovereign power of a parliament to enact them.
3. A description of a direct link between cause and effect of a phenomenon deduced from experiments
and/or observations.
4. The principles and regulations established in a community by some
authority and applicable to its people, whether in the form of legislation
or of custom and policies recognized and enforced by judicial decision.
5. Any written or positive rule or collection of rules prescribed under the
authority of the state or nation, as by the people in its constitution.

I. SOURCES OF LAW

There are many different sources of law in any society. Some laws will be written in the country's
Constitution; others will be passed by the legislature (usually a parliament or congress); others will come
from long social tradition.

Let us consider each main source of law in turn.

1. Constitution: In any country with a written Constitution, the Constitution will take precedence
over any other source of law. For example, if the Constitution says there is freedom of speech for
all citizens, but the social tradition is for women not to speak in public, a court will protect the
right of any woman to speak in public if she chooses to do so; the Constitution takes priority
over tradition.

2. Customary law: In developing countries which have been decolonised since the 1940s or
1950s, the law is generally a mixture of law introduced by the former colonial power and
customary law which was there before colonisation. That customary law often still takes priority
in certain areas of life.

Typically, customary law applies in those areas of life least affected by colonisation. These may
include land ownership, customary titles and family relationships.

1
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 There may be special courts to deal with these matters, conducted according to tradition and
presided over by a customary chief or group of elders. Alternatively, these matters may be dealt
with by an ordinary court, but customary law may take precedence over other kinds of law in
these cases.

3. Common law: English common law is the customary law of England, yet it has become
influential in the laws of many other countries. The United States and most countries in the
Commonwealth have legal systems based on English common law.

If there is nothing in the Constitution to cover a situation, and if no specific law has been passed
by parliament to cover a situation, a court in a Commonwealth country may decide the case
depending upon English common law. Indeed, some Commonwealth countries have the British
House of Lords as their final court of appeal.

This is not true in all countries, of course. There are many different legal systems, and they do
things in different ways. It would be impossible, within the limits of a book like this, to deal with
them all. We are therefore limiting ourselves in this volume to talking about those legal systems
which are based on English common law.

4. Legislation: Any law passed by a lawful government which is different from English common
law will take precedence over common law.

For example, under the English common law principle of habeas corpus, the police are not able
to hold a person for longer than a certain period (typically 24 hours) without bringing them
before a public court. Habeas corpus can be loosely translated from Latin to mean "show us the
person" and it is meant to prevent authorities holding people in secret without due legal process.

However, in times of emergency such as war many countries pass legislation suspending these
provisions. In the so-called "war on terror", many countries have introduced anti-terrorism laws
which override habeas corpus to allow authorities to hold people, often in secret, for much
longer periods. Some prisoners held by US authorities in Guantanamo Bay prison off the
American coast have been held for many years without trial or even appearing before an
American judge.

5. Case law: Legislatures pass laws, but courts work out what they mean in practice. Laws are
interpreted and tested by a succession of trials, over a period of time, under a variety of
circumstances.

For example, the law says in some countries that cars should drive on the left-hand side of the
road; but it also says that boats should pass port-to-port (that is, as if they were on the right-hand
side of an imaginary road). What should happen in the event of a flood, where a truck driving
along a flooded road meets a boat coming the other way?

Is the road still a road? If so, they must keep left and pass right-side to right-side. Or is it now a
waterway? If so, they must keep right and pass left-side to left-side. The legislation will state
clearly what the rules are in each case; but it is unlikely to say clearly how deep the water has to
be before a road turns into a waterway.

Courts often have to decide such things. An important part of legal training is to learn what
judgments have been made in the past, in order to know exactly what each law means. This is
called case law, and lawyers will quote previous cases in court, in order to show how the law
should be applied in this case.
 Any case law that is from a court of equal or higher rank to the one where a case is now being
heard, will normally take precedence over common law, should they differ.

Also, a decision by a higher court (for example a court of appeal or supreme court) is binding
upon a lower court. The lower court must follow what the higher court has said, in another case
where the circumstances are similar.

II. BODIES AND BRANCHES OF LAW

A law degree can offer you any number of incredible professional opportunities. However, with so many
different fields of law to consider, it can be difficult to decide which legal path is right for you.

While law schools don’t expect you to choose one before you enroll, it’s always a good idea to learn
about the various fields of law, whether or not you choose to narrow the focus of your legal career down
the line.

Keep reading below to discover 21 different fields of law that you may want to explore before and after
earning your law degree.

1. Animal Law: Animal law is the field of law that has nonhuman animals as its subject. Working in
animal law means your primary objective will be to stand for the rights of animals along with the
organizations and allies that serve and represent them. Duties of animal law lawyers include defending
the legal status of endangered wildlife and domesticated animals as well as exposing inhumane animal
facilities and practices.

2. Admiralty Law: Admiralty law is the field of law that governs legal matters that take place in any
navigable body of water. Working in admiralty law, otherwise called maritime law, means your primary
objective will be to resolve issues in nautical shipping and navigation in addition to settling disputes
between ships, among sailors and/or their captains, and more.

3. Bankruptcy Law: Bankruptcy is the legal proceeding that involves a person or business that is unable
to repay outstanding debts. This process is initiated by the debtor (person or business) and usually
involves their assets being aggregated and evaluated to aid in repayment.

Bankruptcy lawyers assist their clients in making advised decisions throughout the bankruptcy process.
This process includes representation in bankruptcy proceedings/court hearings, gathering and preparing
pertinent documents, and assessing the viability of assets to assist in paying off the debtor’s balance.

4. Banking and Finance Law: defined as the legal practice that oversees “the organization, ownership,
and operation of banks and depository institutions, mortgage banks, other providers of financial services
regulated or licensed by state or federal banking regulators and holding companies.” This also includes
financial institutions and their lending practices to borrowers.

More generally, banking and finance law aims to regulate banking and finance institutions, their practices
between one another, how they conduct business with others, reporting practices, taxes, and transactions.
Practitioners in this field may find themselves working as an in-house counsel for a financial institution,
credit unions, or for a banking and finance law firm.
5. Civil Rights Law: Civil rights law guarantees the right for individuals to receive equal treatment and
prohibits discrimination. Civil liberties concern the basic rights and freedoms guaranteed in the federal
and state constitutions. Lawyers working to protect individual civil rights and civil liberties have the
ability to ensure that all individuals are treated equally under the law.

While iconic images of the civil rights movement often come to mind when thinking of civil rights law,
lawyers in this specialized field of COClaw may handle a much broader range of cases that deal with a
variety of civil rights issues, including:

 Employment and housing discrimination based on age, sex, ethnicity, and nation of origin
 Police brutality
 Voting rights
 Religious liberties
 First Amendment rights
 Any other way in which an individual may feel that their rights are being infringed upon

Additionally, many lawyers interested in civil rights law can work for nonprofit organizations focused on
addressing civil rights issues in society. Some of these organizations include the ACLU, the Southern
Poverty Law Center, the Human Rights Campaign, and other nonprofit organizations. However, major
private corporations–such as The New York Times–also utilize lawyers specializing in this field of law
when they are confronting a variety of issues.

6. Constitutional Law: Constitutional law pertains to the interpretation, adherence, and amending of the
U.S. Constitution. Lawyers in this branch may practice privately or for firms. On a given day, they may
be representing clients, discussing cases, or litigating in court.

An article by U.S. News suggests this field can sometimes serve as a supplement to student’s legal
education as constitutional law jobs, like arguing before the Supreme Court or becoming an esteemed
Justice, are slim. Nevertheless, this field offers a great opportunity for lawyers to work intimately with
our nation’s framework. The Constitution has numerous applications that are pertinent to many other
fields that concern citizens and their rights. In studying this field, aspiring lawyers can add depth to their
legal understanding and use this knowledge in branches of civil or criminal law.

7. Corporate Law: the field of law that establishes the rules and regulations needed for corporations to
form and function. Working in corporate law means your primary objective will be addressing all aspects
of a corporation’s legal administration. Duties of corporate lawyers include handling proceedings with
mergers, acquisitions, liability disputes, patents, legal compliance, and more.

8. Criminal Law: This field of law is probably the most well-known because of its prevalence in
television shows and movies.

Within the field of criminal law, lawyers primarily play two roles: a prosecutor, representing “the
people,” or a public/private defense attorney, representing an individual with criminal charges.

Prosecutors work for the government at both the state and federal level. Defense attorneys may work in a
private firm or for the government. In Miranda v. Arizona, the Supreme Court of the United States
interpreted the Fifth Amendment of the Constitution to guarantee the right to an attorney for any
individual who cannot afford one. That’s why the Miranda warning contains the phrase “You have the
right to an attorney. If you cannot afford an attorney, one will be provided for you.” So, the government
has Public Defender Offices at both the state and federal level.
Both prosecutors and defense attorneys play important roles in our justice system. Prosecutors represent
the interest of the public and ensure the enforcement of the rule of law. Defense attorneys, in addition to
representing the individual, also ensure that the police and prosecutor are acting constitutionally. For
example, they may assure that law enforcement didn’t violate an individual’s Fourth Amendment right
against unreasonable search and seizure during a search.

9. Education Law: Education law is the field of law that covers legal matters related to schools, their
students, and their staff. Working in education law means your primary objective will be to promote the
highest quality educational experience for all involved. Duties of an education attorney include
advocating for students’ and teachers’ rights, exposing tuition fraud, and developing new education
policies.

10. Entertainment Law: On the business side of the entertainment industry are smaller (but supremely
important) details like payments, compliance with rules, contracts, and more. These details and only
scratch the surface of all the possible avenues a lawyer could take within this field.  

An entertainment lawyer will need to know the ins and outs of the entertainment industry with which they
are practicing; be it music, publishing, television, etc. Lawyers might be working with performers, their
management team, associates adjacent to the performer or company they are working with.

11. Employment Law: Employment law is the field of law that addresses the rights of workers and the
relationships they share with their employers. Working in employment law means your primary objective
will be to help clients confront unfair challenges they have endured in their workplace. Duties of a labor
law attorney include representing clients within issues ranging from wages and compensation to
harassment and discrimination.

12. Environmental & Natural Resources Law: Environmental and natural resources law is the field of
law that examines the ways humans interact with and impact the environment. Working in environmental
law means your primary objective will be not only to protect the natural world in integral ways but also to
maintain and bolster legislation that determines the use of natural resources. Duties of an environmental
law attorney include defending clients in areas of practice such as air and water quality, mining,
deforestation, pollution, and more.

This field of law can include many different things. In California, a lawyer specializing in this field of law
could find themselves examining issues such as:

 Jurisdictional water rights

 Oil drilling regulations
 Public health statutes
 Land use

For example, lawyers in this field of law may be involved in a case deciding whether or not a developer
or agricultural business may have access to certain land or natural resources.

While we often think of environmental lawyers as those who are actively working to protect the
environment, there are also many lawyers within this field of law who are employed by businesses and
corporations to ensure companies remain compliant with local and state policies and laws. In this
instance, these lawyers may have to defend their organizations should they be found in violation of these
policies.

13. Family Law: Working in family law means your primary objective will be to address relational
problems that arise in a familial context. Duties of a family law lawyer include working on varied cases
involving areas of practice like divorce. However, although people often think of family law in the
context of divorce, it is not limited to when a marriage dissolves. Family lawyers can examine a variety of
additional factors that involve familial relationships or relate to family issues, such as:

 Surrogacy
 In Vitro Fertilization (IVF)
 Prenuptial agreements
 Adoptions
 Child welfare
 Domestic violence
 Juvenile justice issues

Lawyers in this field of law may specialize in a particular area or can serve all issues that may arise for a
family.

14. Health Law: Health law is the field of law that concerns the health of individuals and concentrates on
policies implemented in the healthcare industry. Working in health law means your primary objective will
be to promote lawful health services from all kinds of healthcare providers. Duties of health law attorneys
include representing an array of individual- or organization-based clients in cases concerned with
Medicare policy and compliance, public health, bioethics, hospital mergers, and more.

15. Immigration Law: Immigration law is the field of law that, at least in the United States, contends
with legal issues facing immigrants who come to the country for short-term or long-term stays. Working
in immigration law means your primary objective will be to serve immigrant clients at all points of their
naturalization process, as well as refugee and asylum seekers and individuals who have entered the
country without the proper documentation.

This field of law is particularly relevant in the state of California, due in part to the large international
community.

Many people tend to think of this field of law in terms of people seeking asylum in the U.S. or people
entering the U.S. legally or illegally, and the subsequent deportation proceedings.

However, on the other end of the spectrum, there are law firms dedicated to helping corporations bring in
skilled immigrant workers legally. Lawyers who specialize in this field of law assist companies in
navigating the visa system for these workers.

This field of law can also become combined with civil rights law, specifically when questions are raised
regarding due process in legal proceedings for legal and undocumented immigrants, and whether or not
the legal system is honoring constitutional rights.

16. International Law: International law is the field of law that analyzes the particulars of relations
shared by nations across the globe. Working in international law means your primary objective will be to
analyze the implications of these relationships in the public and private sectors. Practicing public
international law tends to have national governments or international institutions as clients whereas
private international law works with clients and their respective controversies one-on-one.

17. Intellectual Property Law: Intellectual property law is the field of law that encompasses the
protection of creative works and symbols uniquely developed by individual persons or groups of people.
Working in intellectual property law means your primary objective will align within a particular domain
of practice, such as patent law or copyright law, to ensure your clients maintain their ownership over their
creations.

18. Military Law: Military lawyers work to represent servicemen and women (Army, Navy, Marines,
Air Force, Coast Guards) in criminal and civil cases. Much like a typical/civilian lawyer, military lawyers
advise, council, interpret and prepare legal documents, and assist clients with their needs concerning
military court.

Military court is a part of the U.S. military law and justice system that enforces “discipline and punish
crimes within the military ranks”. A military lawyer will need to be well versed with this system and have
excellent interpersonal communication skills as this field can be highly pressurized.

19. Personal Injury Law: Personal injury lawyers deliver legal aid and counsel to clients who have
experienced injury (mental, emotional, physical) due to the negligence or malpractice of another party.
According to Balance Careers, day to day duties include intricate researching and tight deadlines—for
this reason, it’s common for personal injury lawyers to specialize within their branch rather than practice
as a broad personal injury lawyer.

The degree to which an injury lawyer specializes is up to them. Some types of cases they might peruse as
their specialty include car accidents, slip and fall, and medical malpractice.

20. Real Estate Law: Real estate law “covers the right to possess, use, and enjoy land and the permanent
manmade additions attached to it.”  This branch of law concerns land, homes, construction, your
neighbor’s property, legal solutions for construction defects like poor infrastructure, mold, or improperly
installed fixtures, and more.

Real estate lawyers represent those who are impacted by the inadequate quality, building, or clarity on
anything concerning housing and living conditions. This includes things concerning residential real estate
law like homeowners, home buyers, lessors, lessees, people selling homes, and landowners.

21. Tax Law: In the United States, tax law, also known as revenue law, is a field that assists civilians and
governmental systems in lawfully participating in the U.S. taxation system. While complying with yearly
taxation requirements is a part of American life, the system can still be confusing for some people. Tax
lawyers help bring clarity to this complexity as well as advice and counsel those who have made mistakes
within the system. A likely clientele for a tax lawyer might include individual civilians, corporations, and
businesses.