Bài giảng tiếng anh chuyên ngành luật kinh tế giảng viên ths phạm ngọc kiều, ths trần ngọc trí

BỘ GIÁO DỤC VÀ ĐÀO TẠO TRƯỜNG ĐẠI HỌC CỬU LONG RED KHOA NGOAI NGU BAI GIANG TIENG ANH CHUYEN NGANH LUAT KINH TE Gidng vién: ThS Phạm Ngọc Kiều ThS Tran Ngoc Tri Vinh Long - 2022 TABLE OF CONTENTS {H1 BasIolepdltermss in 7c na p.l Wnt 2: Basic lesali concepts we cic munication ee p.3 LJHIE yiepaliresources soe SA 8200 00 Unit 4) Sources ob law: foci 111cc S0 Unit 7:Jursidiction 25st co Unit 11: Administrative lawatee Further reading References ok p.5 cac acốa acc 12 si c7 een a) ode on p.1l p.13 pls oe p.l7 Seen p.19 sete fee tt sa ee a eee eee p.7 an p.9 ee eerie Unit 10: Civil law eee eee ae Glossary Ree weenie ii hr ee Unit 8:In the-courtroom Unit 9::Criminal Tawi) 8n ace oue nan TH 3: LTElImliliaryOGIImCHLSS it 6: GDUTtisrrlioiUIte si vớ, ee n9 p.21 p.23 Unit 1: Basic legal terms "People inthe Legal System: A civil case begi Civil Cases plaintiff, He or she ae a tions of another person or complaint ‘about Loreehicatch The | litt files the complaints ae a ute usually ave _ behalf vi of “ato! clients Get ready! What are some different jobs in the legal profession? Which legal job would you prefer, and why? Reading Read the text and complete the table using information from the text Role or Job 1s — _ | files a complaint is accused of a crime attorneys ee Paralegal Gyo pp ae resolves a complaint Vocabulary @ Match the words (1-7) with the definitions (A-G) _ verdict —legal system plaintiff _ paralegal —court _ complaint A the methods of interpreting laws and putting them into effect œ Before you read the passage, talk about these questions —_cwil a legal conclusion C a written document that states the reason for legal action D the place where people go to conduct legal business E a person who accuses another person of a wrongdoing F an attorney's assistant with specialized legal training G occurring between citizens Check (v’) the sentence that uses the underlin ed parts correctly 1. A The plaintiff delivered a verdict at the end of the trial B The judge listened to the attorneys’ arguments _ A Twelve paralegals determined the outcome of the case B The jury decided that the man was not guilty 3. A The defendant hired an attorney to prove that he was innocent B In court, the plaintiff always makes the final decision — A Mr Meaner”s attorney represented him during the trial B What verdict is the defendant accused of? Complete the conversation by using the words given jury _ plaintiff defendant attorney complaint civil Attorney 1: Hi, Robert How is that case going? Attorney 2: Hey, Janet It’s not going all that well, actually Attorney 1: Oh? What’s wrong? Attorney 2: The defendant’s is pretty good He’s making our ae seem weak Attorney 1: Well, it’s not, is it ? Attorney 2: No, the owes my client thousands of dollars But that’s based on a verbal agreement Atforney 1: I see:S0ithe .: has nothing in writing? Attorney 2: Exactly I’m worried that the will decide against us Choose the correct answers What is the conversation mostly about ? A the creation ofa complaint B an attorney’s advice to a defendant C a plaintiff's reaction to a verdict D the progress of a civil case 2 Why is the man worried ? A The complaint is not true B The jury already decided C The defendant is guilty D The plaintiff has no proof Get ready! @ Before you read the passage, talk about these questions Why people decide to take legal action? What people need to ig order to start a case? Di Choose the word that is closest in meaning to the underlined part Jane received money as compensation A proof the following statements as responsible for bringing proof — tie attomeys, The firm does not charge clients whose cases are not won or settled appeal B due process a lawsuit C atrial initiate C settle Everyone in the country has the right to receive justice lished rules ie t oe oul : HÀNG: A due process C of legal action Ms Harris wants to start the process A damages The law firm helps people involved in an argument or conflict with their neighbors i B A a dispute @ Read the brochure and mark true (T) or false Œ) _ Butler and Evans Associates helps people who h hết tin an he _ The : firm's clients are B for her accident appe of action against his neighbor Mr Tan initiated a legal course because her dog barks too much A appeal B lawsuit C dispute 4, Fill in the blanks with correct words and phrases from the word bank legal action proof settle trail appeal Hopefully, Mr Wilton will be able to this problem without going to court Mrs lanson decided to after the judge ruled against her 3: Inithis: 8A the defendant is accused of stealing from a bank Ms Britt wants to take against her employer for not giving her a promotion Attorneys don’t win cases when there is not enough to support their arguments Complete the conversation between a lawyer and a client by using the words given you’re right proof pay for half lawsuit Lawyer: Hello, Mr Williams offer settle I received an from Ms Johnson’s lawyer She’s ready to end this dispute Client: Really? What we need to do? Lawyer: Well, she’s not dropping the unless you: agree to es os Client: What is she asking for? Lawyer: She wants you tO of the damages to her car Client: But I didn’t wreck her car! Someone else ran into it Lawyer: I know But since you have on I suggest you settle CHêenE;Trdon*fIIkedt2BúutI'gùe§S Choose the correct answers What is the conversation mostly about? A an offer to settle C the filing of a lawsuit B evidence in a trial D an injury from a car accident What will the client mostly likely do? A Bring in more evidence B Refuse the attorney’s offer C Pay for half of the damages D Drop the lawsuit against the woman Unit 3: Legal resources Get ready! Before you read the passage, talk about these questions Where can legal professionals get information about cases? Why legal professionals need good research skills? | Miriam Wheeler There are many legal resources, So its important to know how libranes organize them Most libranes have a section for primary materials These texts contain laws relevant to cases Other legal publications include case annotations and form books Annotations are articles about cases, and they are pnnted in law journals Form books show how documents should be worded Secondary materials give opinions and formatted Thankfully, most of these resources are available on computerized databases That Encyclopedias often cite primary around a ton of books! on the law They include legal encyclopedias and digests sources in their references way, you don't have to carry summarize _ individual Digests cases that have similar topics Se Reading Read and choose the correct answer Legal professionals publish their thoughts and assessments about laws in A digests Vocabulary Write a word that is similar in meaning B primary materials C form books the underlined part D case annotations What can be inferred about form books? A Judges use them when making decisions B Attorneys use them to find relevant laws C Lawyers use them when writing official papers D Libraries use them to organize computer databases Which of the following does NOT focus on information about laws? A digests B computerized databases C primary materials D legal encyclopedias to The texts that contain laws are on the first floor of the library Doane, Move Mary should look at a collection of example documents to see how to word the contract correctly 0205 (Ope2 Many law books mention information trom primary materials & Sư ác The best place to find an opinion on the case is in a book that summanzes cases CÁ The firm's legal sources of information are located in the room next to Mr Wen's office Be om Read and choose the correct words The paralegal can find the case annotations in the (journals/ legal encyclopedias) It is much easier for Jane to find resources when she uses the (form book/ computerized database) The writer noted all the texts he used in the list of (digests/ references) Mark found the (case annotation/ primary material) in one of the legal journals A (form book/ legal encyclopedia) is useful when looking up what a legal term means Complete the conversation by using the words given in common no problem case annotation statutes primary material legal encyclopedias Lawyer: Oh, Mary you're back Did the law library have anything to help our case? Paralegal: Yes, there were several similar cases in the Apparently, judges often dismiss cases against young defendants Lawyer: OK Do those defendants have anything ? Paralegal: According to the none of them had any previous convictions Lawyer: That’s perfect Paralegal: I also gathered about crimes involving young offenders Lawyer: Thank you Can you me one more favor? Write a summary of the on young defendants PAFalegal: 222 Read again the conversation between a lawyer and a paralegal Mark the following statements as true (T) or false (F) The woman located similar cases in the computerized database Young defendants without previous convictions had their cases dismissed Sàn The man asks the woman for a summary of the case annotations Form book [N-COUNT] A form book is a collection of forms and documents which are required or recommended to be used in legal cases Form letter [N-COUNT] A form letter is a letter which is printed many times and sent to many different people Forum shopping [N-COUNT] Forum shopping is the act of choosing which court to take your case to Government agency [N-COUNT] A government agency is an administrative department which is run by the government Initiate [V] To initiate something is to start a process Injunction [N-COUNT] An injunction is an official court order that stops a person or company from doing something or forces them to it Intake memo [N-COUNT] An intake memo is a questionnaire or set of notes that a lawyer writes for a new client Jail [N-COUNT] A jail is a large secure building where criminals may go if they commit a crime Jeopardize [V] If something jeopardizes something else, it has a seriously negative effect on it Judge [N-COUNT] A judge is a person who is in charge of and decides cases in a court Jurisdiction [N-UNCOUNT] Jurisdiction is the authority of an official organization to deal with, hear and decide legal disputes Juror [N-COUNT] A juror is a person who is a member of a jury Jury box [N-COUNT] The jury box is where the jury sits during a trial Jury duty [N-UNCOUNT] Jury duty is when a person is called to sit on a jury and deliver a verdict in a case Lawsuit [N-COUNT] A lawsuit is a legal action that is brought in court by one person or company against another Legal [ADJ] If something is legal, it is connected to the law 35 Legal action [N-COUNT] Legal action is the use of lawyers and the legal system to help solve a problem Legal body [N-COUNT] A legal body is an organization with power to make or enforce laws Legal encyclopedia [N-COUNT] A legal encyclopedia is a book which gives brief information about a wide range of legal matters Litigation [N-UNCOUNT] Litigation is the process of taking a case to court where a dispute can be heard and a decision made Monetary [ADJ] If something is monetary, it is in the form of money Negligence [n-uncount] negligence is failure to the things that you have a duty to (or should) Negotiate [V] if you negotiate something, you manage to come to an agreement over a difficult situation Paralegal [N-COUNT] A paralegal is an attorney’s assistant with specialized legal training Pertain [PHRASAL VERB] If something pertains to something else, it is connected to it Plaintiff [N-COUNT] A plaintiff is a person or company who brings a case to court against another person because they want to recover compensation for loss or injury Policy [N-COUNT] A policy is a principle which the law encourages Precedent [N-COUNT] A precedent is a decision in a past law case Lawyers use this information because future cases may result in similar decisions Primary materials [N-COUNT] Primary materials are texts which give information about the government’s law Probate [ N-UNCOUNT] Probate is the act of dealing with a dead person’s property and will 36 Probation [N-UNCOUNT] Probation is a period of time in which a criminal must behave well, otherwise he will go to jail Retainer agreement [N-COUNT] A retainer agreement is a contract between an attorney and client for the retention of the attorney’s services When a decision rules in someone’s Rule in someone’s favor [V PHRASE] favor, the decision benefits that person Settle [V] To settle is to come to an agreement and end a dispute without further need of litigation Small claim court [N-COUNT] A small claim court is a district court in which claim for small amounts of money are heard State law [N-COUNT] state law is the set of rules which applies in one area of a country Suppress [V] To suppress evidence means to prevent other people from seeing or using it Tort law [N-UNCOUNT] Tort law is law which is involved in getting compensation for a civil wrongdoing that caused loss or injury Trespass [V] To trespass means to go onto private land without permission from the owner Trial [N-COUNT] A trial is an event in court in which a jury or judge decides if someone is innocent or guilty Verdict [N-COUNT] A verdict is a jury’s decision regarding whether someone is guilty or innocent Well [N-COUNT] The well is the space in front of the judge in a courtroom 37 FURTHER READING INTERNATIONAL DISPUTE RESOLUTION When things go wrong in a commercial transaction - the buyer refuses to pay, the product is of inferior quality, the shipment arrives late, or any one of the myriaq problems that can arrive - what recourse does the international marketer have? The first step in any dispute is to try to resolve the issue informally, but if that fails, the foreign marketer must resort to more resolve action Most international businesspeople prefer a settlement through arbitration rather than by suing a foreign company Conciliation Most disputes that arise in commercial transactions are settled informally When resolution is not forthcoming, however, conciliation can be an important first step in settling a dispute Conciliation (also known as mediation) is a nonbinding agreement between parties to resolve disputes by asking a third party to mediate differences The function of the mediator is to explore, carefully listen to each party and to clarify, and discuss the various practical options and possibilities for a solution with the intent that the parties will agree on a solution Unlike arbitration and litigation, conciliation sessions are private, and all conferences between parties and the mediator are confidential; the statements made by the parties may not be disclosed or used as evidence in any subsequent litigation or arbitration The track record for the conciliation process is excellent, with a majority of disputes reaching settlement and leading to the resumption of business between the disputants Conciliation Chinese is considered especially effective when resolving disputes with business partners, because they feel less threatened by conciliation than arbitration The negotiation should be used first to solve the problem; Chinese believe that when a dispute occurs, informal, friendly if that fails, conciliation should be tried In fact, some Chinese companies may avoid doing business with 38 companies that resort first to arbitration can be Conciliation either formal or informal Both sides agreeing on a third party to mediate can establish informal conciliation Formal conciliation is conducted under the auspices of some tribunal such as the Beijing Conciliation mediate If an agreement center, which assigns one or two conciliators to the signed is reached, a conciliation statement based on agreement is recorded Although conciliation may be friendly route to resolving disputes in China, it is not legally binding; thus an arbitration clause should be included in all conciliation agreements arbitration clause in the conciliation Experience has shown that having an move to agreement makes it easier to arbitration if necessary Arbitration If conciliation is not used or an agreement cannot be reached, the next step is arbitration When method all else fails, arbitration rather than litigation is the preferred for resolving international commercial disputes The usual arbitration procedure is for the parties involved to select a disinterested and informed party or parties as referees to determine the merits of the case and make a judgment that both parties agree to honor Although informal arbitration is workable, most arbitration is conducted under the auspices of one of the more formal domestic and international arbitration groups organized specially to facilitate the resolution of commercial disputes These groups have formal rules for the process and experienced arbitrators to assist In most countries, decisions reached in formal arbitration are enforceable under the law The popularity of arbitration has led to a proliferation of arbitral centers established by countries, organizations, and institutions All have adopted standardized rules and procedures to administer cases, and each has its strengths and weaknesses Some of the more active are the following: - The London Court of Arbitration ( decisions are enforceable under English law and English courts) - The American Arbitration Association 39 - The International Chamber of Commerce The procedures used by formal arbitration organization under the rules of the International Chamber are similar Arbitration of Commerce (ICC) affords an excellent example of how most organizations operate When an initial request for arbitration is received, the chamber first attempts conciliation between the disputants If this fails, the process of arbitration is started The plaintiff and the defendant select one person each from among acceptable arbitrators to defend their case, and the ICC Court of Arbitration appoints a third member, generally chosen from a list of distinguished lawyers, jurists, and professors The history of ICC effectiveness in arbitration has been a case that involved arbitration by the ICC spectacular An example of concerned a contract between an English business and a Japanese manufacturer The English business agreed to buy 100,000 plastic dolls for 80 cents each On the strength of the contract, the English business sold the entire lot at $1.40 per doll Before the dolls were delivered, the Japanese manufacturer had a strike, the settlement of the strike increased costs, and the English business was informed that the delivery price of the dolls had increased from 80 cents to $1.50 each The English business maintained that the Japanese firm had committed to make delivery at 80 cents and should deliver at that price Each side was convinced that it was right The Japanese, accustomed to code law, felt that the strike was beyond their control ( an act of God) and thus compliance with the original provisions of the contract was excused reasons The English, accustomed to common for not complying law, did not accept the Japanese because they considered a strike part of the normal course of doing business and not an act of God The dispute could not be settled except through arbitration or litigation; they chose arbitration The ICC appointed an arbitrator who heard both sides and ruled that the two parties would share proportionately in the loss Both parties were satisfied with the arbitration decision, and costly litigation was avoided Most arbitration is successful, but depends on the willingness of both parties to accept the arbitrator’s rulings 40 success Contracts and other legal documents should include clauses specifying the use of arbitration to settle disputes Unless a provision for arbitration of any dispute is incorporated arbitration as part of a contract, after a dispute the likelihood of securing agreement arises is reduced A typical arbitration clause for is as follows: Any controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association Including the number of arbitrators, the place of arbitration ( city and/or country), and the language of the arbitration in the clause is also useful arbitration Although an enforcing arbitration in clause a can agreements contract can difficult be avert problems, Arbitration sometimes clauses require agreement on two counts: (1) The parties agree to arbitrate in the case of a dispute according to the rules and procedures of some arbitration tribunal and (2) they agree to abide by the awards resulting from the arbitration Difficulty arises when the parties to a contract fail to honor the agreements Companies may refuse to name arbitrators, refuse to arbitrate, or, after arbitration awards are made, refuse to honor the award In most countries, arbitration clauses are recognized by the courts and are enforceable by law within those countries More than 120 countries have ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, which binds them to uphold foreign arbitration awards Under the New York Convention, the courts of the signatory countries automatically uphold foreign arbitral awards issued in member countries In addition to the New Inter-American American bilateral York Convention, the United States is a signatory of the Convention countries agreements on International are party containing The United Arbitration, States providing clauses to which is also party Latin to a number for enforcement awards When all else fails, the final step to solve a dispute is litigation 41 many of of arbitral Litigation Lawsuits in public courts are avoided for many reasons Most observers of lawsuits between citizens of different countries believe that almost all victories are spurious because the cost, frustrating delays, and extended aggravation that these cases produce are more oppressive by far than any matter of comparable size In India, for instance, there is a backlog of more than three million cases, and litigating a breach of contract between private parties can take a decade or more The best advice is to seek a settlement, if possible, rather than sue Other deterrents to litigation are the following: - Fear of creating a poor image and damaging public relations - Fear of unfair treatment in a foreign court.( Fear that a lawsuit can result in unfair treatment, perhaps intentionally, is justifiable, because the decision could be made by either a jury or a judge not well versed in trade problems and the intricacies of international business transactions.) - Difficulty in collecting a judgment that may otherwise have been collected in a mutually agreed settlement through arbitration - The relatively high cost and time required when bringing legal action The Rheem Manufacturing conditioning Company, systems, a estimates billion-dollar that by manufacturer using arbitration of over heating litigation, and_ air it has reduced the time and cost of commercial-dispute resolution by half - Loss of confidentiality Unlike arbitration and conciliation proceedings, which are confidential, litigation is public One authority suggests that the settlement of every dispute should follow four steps: first, try to placate the injured party; if this does not work, conciliate, arbitrate, and, finally, litigate The final step is typically taken only when all other methods fail Furthermore, in some cases, problem-solving approaches may be warranted within the context of even litigated disputes This approach is probably wise whether one is involved in an international dispute or a domestic one 42 New words: Conciliation (n) is a nonbinding agreement between parties to resolve disputes by asking a third party to mediate differences Arbitration (n) is a system of resolution in which two disagreeing parties submit evidence and arguments to an arbitrator (an expert who is like a judge) Chamber (n) is a room for private discussion among a select group of people Clause (n) is a sentence or section in a legal document Contract (n) is a document which sets out the terms of an agreement Comply (v) means to follow the rules or abide by the law Enforceable (adj) that someone is forced to or experience without being able to control it; (a circumstance in which the authorities can force someone to obey a law or rule If a party is non-compliant, the appropriate authority can issue a punishment ) Mediation (n) is a system of resolution in which two or more disagreeing parties come together and discuss the problem with an expert, who helps them find a solution Mediator (n) is a person who helps two or more parties resolve a dispute Settlement (n) is an official resolution to a dispute Resolution (n) is a solution to a dispute that is accepted by all parties Confidential (adj) means to be kept secret and not told or shared with other people who are not directly involved Confidentiality (n) a situation in which information is expected to be kept secret Code Law (n) a legal system of written rules; generally divided into three separate codes: Commercial, civil, and criminal Common Law (n) a body of law based on tradition, past practices, and legal precedents set by courts through interpretations of statutes, legal legislation, and past rulings Common Law uses past decisions to interpret statutes and apply them lo present situations 43 QUESTIONS FOR DISCUSSION 1/ How many kinds of dispute resolutions are there? 2/ What is the first step in settling a dispute? 3/ What is an advantage of conciliation? 4/ In many countries, are decisions reached in formal arbitration enforceable under the law? 5/ Why should lawsuits in public courts be avoided? 6/ When you business and you face a dispute, which kind of dispute resolution will you choose and why? 44 Sale Contract No: 33/HDXK/2017 Date: May 26, 2016 CONTRACT Between (first party): THE BUYER: LUCKY TOBACCO CO., LTD Address:D15, Bet Trang Commune, Prey Nob District, Ville Province, Cambodia Tel: (855) 972112517 Represented by Mr LY JOHN/Director And (second party): THE SELLER: VINH LONG TOBACCO CO., LTD Address: 8D Nguyen Trung Truc, Ward 8, Vinh Long City, Vinh Long Province, Vietnam Tel: +84 703823167 Fax: +84 703877115 Account No: 1120.21111.2177, Vietnam Joint Stock Commercial Bank for Industry and Trade-Vinh Long Branch, 1C Hoang Thai Hieu Street, Ward 1, Vinh Long City, Vinh Long Province, Vietnam Represented by Mr Tran Hoang Nam/Director Both parties agree to enter into this contract on the following terms and conditions, subject to the general terms and conditions on the following pages: I COMMODITY/QUALITY/UNIT PRICE/TOTAL AMOUNT: Commodity Filter Rod-Cigarette Quantity | Unit Price/USD | Total USD 4,364 132mm | 4,628 20,197.00 20,197.00 Total FOB-Ho Chi Minh In words: Twenty Thousand, One Hundred and Ninety Seven U.S Dollars only 45 II DELIVERY TERM: FOB - HO CHI MINH, VIETNAM From: Ho Chi Minh City, Vietnam To: Cambodia Transhipment: Allowed Partial shipment: Allowed 1H SHIPMENT The goods will be shipped before 30/6/2016 III PAYMENT: by TTR ( Telegraphic Transfer Remittance) The buyer must make the deposit 100% contract value to the seller before production Incase goods cannot be exported, the buyer agrees to lose the deposit In case the buyer does not take the cargo within 03 months from the production date, the paid amount will not be returned to the buyer by the seller Documents required: e Bill of Lading: original e Signed commercial invoice: 01 original e Packing list: 01 original Name and address of the Negotiating Bank: Vietnam Joint Stock Commercial Bank for Industry and Trade-Vinh Long Branch, Address: 1C Hoang Thai Hieu Street, Ward 1, Vinh Long City, Vinh Long Province, Vietnam Account No: 1120.0020.2188 Swift code: ICBVVNVX800 Beneficiary: VINH LONG TOBACCO 46 CO., LTD IV WARRANTY The seller warrants that products are delivered to the buyer to be free from defects in materials and workmanship for a period of 90 days from the production date V INSPECTION The manufacturer’s inspection will be final Products’ quality and specification is the same sample approved by both parties VI.CLAIM All claims by the buyer shall be in telex or fax immediately after the received cargo at destination port and shall be confirmed in writing and delivered to the seller within fifteen (15) days after such discharge (for claims of any kind and/or latent defects respectively) VII ARBITRATION Any and all disputes conciliation shall Centre (VIAC) (VCCI) for arising from this contract not resolved through be referred to the Vietnam at the Chamber arbitration, International Arbitration of Commerce and Industry of Vietnam in accordance with the Arbitration Rules of Vietnam International Arbitration Centre VII FORCE MAJEURE In the case of unforceable circumstances, preventing the buyer and/or the seller from fulfilling their commitments to this contract, one party facing Force Majeure case should inform the other by telex or fax within ten (10) days and support with certified documents within sixty (60) days, of telex or fax date 47 IX.OTHER Any changes and/or amendments to this contract shall be in writing and subject to approval by both parties This contract is made in English language in 02 originals Each party keeps one original This contract goes into effect from the date of signing to 31/8/2017 FOR THE SELLER FOR THE BUYER Mr.Tran Hoang Nam/Director Mr Ly John/Director (Signature & Seal) (Signature & Seal) QUESTIONS FOR DISCUSSION 1/ What are the basic contents of this sale contract? 2/ Who are the subjects in this contract? 3/ What is the merchandise in this contract? 4/ What are the limitations of dispute resolution in this type of contract? 5/ In your opinion, which contents in the supplemented, if any? 48 contract should be amended and/or References: - Cateora et.al, International Marketing, McGraw-Hill, 2010 - Riley A., English for Law, Prentice Hall Europe, 1997 - Virginia Evans, Jenny Dooley, David J Smith — JD, Law, Express Publishing 2012 49