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Unit 1 Legal System

The document provides an overview of the legal system in the United Kingdom and some key legal terminology. It describes the main components of the UK legal system, including public law and private law, criminal law and civil law, substantive law and procedural law. It also outlines the structure of the UK constitution, the roles of Parliament and the monarch, and the jurisdictions within the UK. The document then provides exercises to test understanding of the key terms and concepts from the overview of the UK legal system.

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Linh Linh
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0% found this document useful (0 votes)
103 views5 pages

Unit 1 Legal System

The document provides an overview of the legal system in the United Kingdom and some key legal terminology. It describes the main components of the UK legal system, including public law and private law, criminal law and civil law, substantive law and procedural law. It also outlines the structure of the UK constitution, the roles of Parliament and the monarch, and the jurisdictions within the UK. The document then provides exercises to test understanding of the key terms and concepts from the overview of the UK legal system.

Uploaded by

Linh Linh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Legal English

UNIT 1: LEGAL SYSTEM


A. The structure of the law

The legal system in the United Kingdom

The study of law distinguishes between public law and private law, but in legal practice in
the UK the distinction between civil law and criminal law is more important to practising
lawyers. Public law relates to the state. It is concerned with laws which govern processes in
local and national government and conflicts between the individual and the state in areas
such as immigration and social security. Private law is concerned with the relationships
between legal persons, that is, individuals and corporations, and includes family law, contract
law and property law. Criminal law deals with certain forms of conduct for which the state
reserves punishment, for example murder and theft. The state prosecutes the offender. Civil
law concerns relationships between private persons, their rights, and their duties. It is also
concerned with conduct which may give rise to a claim by a legal person for compensation or
an injunction - an order made by the court. However, each field of law tends to overlap with
others. For example, a road accident case may lead to a criminal prosecution as well as a civil
action for compensation.

Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law
and is contrasted with procedural law, which defines the procedure by which a law is to be
enforced.

Compiled by Ms. La Nguyen Binh Minh


Legal English

B. The constitution
The head of state is the monarch, currently the Queen in the UK, but the government carries
the authority of the Crown (the monarch). The Westminster Parliament has two chambers: the
House of Lords and the House of Commons, which sit separately and are constituted on
different principles. The Commons is an elected body of members. Substantial reform is being
carried out in the upper house, the House of Lords, where it is proposed that the majority of
members be appointed, with a minority elected, replacing the hereditary peers. There is no
written constitution, but constitutional law consists of statute law (see Unit 2), common law
(see Unit 3), and constitutional conventions.

C. Jurisdiction

There are four countries and three distinct jurisdictions in the


United Kingdom: England and Wales, Scotland, and Northern
Ireland. All share a legislature in the Westminster Parliament
for the making of new laws and have a common law tradition,
but each has its own hierarchy of courts, legal rules and legal
profession. Wales and Northern Ireland each have their own
Assembly and since 1999 Scottish Members of Parliament
(SMPs) have sat in their own Parliament. Under an Act of the
Westminster Parliament, the Scottish Parliament has power to
legislate on any subject not specifically reserved to the
Westminster Parliament such as defence or foreign policy. The
UK’s accession to the European Communities in 1973,
authorised by the European Communities Act 1972, has meant
the addition of a further legislative authority in the legal
system. The UK is also a signatory of the European
Convention of Human Rights and this has been incorporated
into UK law.

2 Compiled by Ms. La Nguyen Binh Minh


Legal English

EXERCISE 1.1. Complete the definitions. Look at A opposite to help you

Criminal law
1. ................................................................is law relating to acts committed against the law
which are punished by the state.
Public law
2 .................................................................. is concerned with the constitution or government of
the state, or the relationship between state and citizens.

3 ..................................................................
Procedural law is rules which determine how a case is administered
by the courts.

4 ..................................................................
Civil law is concerned with the rights and duties of
individuals, organisations, and associations (such as companies, trade unions, and
charities), as opposed to criminal law.
Substantive law (luật nội dung)
5 .................................................................. is common law and statute law used by the courts in
making decisions.

EXERCISE 1.2. Complete the sentences. Look at B and C opposite to help you. There is
more than one possibility for one of the answers

1. In many systems a president rather than a monarch is ……………………


…………………………………….
head of state (nguyên thủ quốc gia) .

2. The UK system has a parliament with two ……………………………


houses / chambers .

3. As in other countries, the courts are organised in a …………………………….


hierarchy
of levels.

4. The Scottish Parliament has the ………………………….


authority/ power to legislate on subjects not
reserved to Westminster.

5. The EC is an important legislative ……………………………….


authority in most European
countries.

6. A number of international ………………………..


conventions …have been incorporated into national
law.

Compiled by Ms. La Nguyen Binh Minh 3


Legal English

EXERCISE 1.3. Complete the table with words from A, B, and C opposite and related
forms. Put a stress mark in front of the stressed syllable in each word. The first one has
been done for you. Then complete the sentences below with words from the table.

Verb Noun Adjective


Constitute Constitution Constitutional
Legislate 'Legislature 'Legislative

Proceed pro'cedure pro'cedural

Convene con'vention con'ventional

'regulate Regulation 'regulatory / regu'latory

Accede ac'cesstion

Elect e'lection e'lected

Authorize au'thority 'authorised

1. The ………………………is
legislature the body which has the function of making law;
normally it is the Parliament.

2. It is quite a lengthy process to ………………………………


accede
to the European
Community.

3. Sometimes a court case can be delayed while counsel argue over


……………………problems.
procedural

Compiled by Ms. La Nguyen Binh Minh


Legal English

FURTHER READING
I. Legal system in Vietnam
The legal system of Vietnam is based on the socialism legal theory and inherited from French
civil law system.
National Assembly is the highest office responsible for the law making activities. Assisting its
operation in law making process is its Standing Committee and various subordinate offices.
The law drafting process is the tasks of the functioning agencies (ministries or ministerial
agencies) in the respected fields. Depending on the level of legalization of the drafted
document (stipulated by constitution), it will be submitted to the appropriate levels for
consideration, revision, and approval.
The highest legal document in Vietnam is the Constitution passed by National Assembly on
April 1992. Under the Constitution are laws, ordinances, decrees and other affiliate legal
documents dealing with different aspects of social life.

II. Some legal terminologies applicable in Vietnam.


1. Laws are passed by the National Assembly and are Vietnam’s highest form of legal
direction
2. Ordinances are passed by the Standing Committee of the National Assembly when the
Assembly is not in session.
3. Decrees are passed by the government and generally implement Laws and Ordinances.
Decrees are often supplemented by more detailed Regulation
4. Orders are issued by the State President on the promulgation of Laws, Ordinances.
5. Government Decisions are issued by Prime Minister on the implementation of
regulations of different issues.
6. Circulars are issued by individual ministries and usually provide guidance as to how a
particular ministry will administer a law, ordinance or Decree.
7. Guidelines are not legal instruments. They are policy outlines issued by Prime Minister
indicating that governmental committees should be set up to deal with issue. The recital
of each legal instrument normally sets out the other legal instrument to which it is
subordinate. If a legal instrument is intended to replace an earlier one, this will usually be
mentioned near the end of the new instrument.
8. Ministerial decisions are issued by Minister (or Vice Minister on behalf) promoting the
regulations on certain issues in the fields administered by the Ministry.

Compiled by Ms. La Nguyen Binh Minh 5

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