Tài liệu ôn tập Anh văn pháp lý chuyên ngành Luật, các dạng bài tập cơ bản, lý thuyết, khái niệm cơ bản thường xuất hiện trong đề thi
ÔN TẬP TIẾNG ANH CHUYÊN NGÀNH Why people decide to take legal action (hành vi pháp lý)? People decide to take legal action for many reason Ex: ìf they have bên injured in an accident that was not their fault If their property has been damaged If they have been unfairly treated by their employed or if they have been the victim of a crime DEFINITION OF LAWS Definition of law ís a rule of conduct developed by the government or society over a certain territory Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc the law í controlled and enforced by the controlling authority The Functions Of Law There are six (6) main functions of laws in a country ⇒keep the peace in a country; ⇒shaping moral standards; ⇒promoting social justice; ⇒ facilitating orderly change; ⇒providing a basis for compromise; ⇒lastly to help in facilitating a plan There are two (2) types of law ⇒One is the written law which is the most important source of law and which is enacted by certain bodies; ⇒>The second law is the unwritten law It does not mean that the unwritten law is not written Basically it refers to those laws which are not enacted by the legislature and which are not found in the written Federal and States Constitution Law And Its Branches There are many different branches of law including corporate law, property and taxation law through to media, environmental health and international law All types of law have far- reaching effects and help to shape politics, economics and society in numerous ways Complete the following table Decide whether the branches of law you mentioned belong to private law or public law Give your reasons Private law: Civil Laws, Labour Laws, Economical Laws, Banking Laws Public law: Constitutional Laws, Administrative Laws, Criminal Laws DIFFERENCES BETWEEN PUBLIC LAW AND PRIVATE LAW Private law applies to relationships between individuals in a legal system (e.g contracts and labor laws) Public law applies to the relationship between an individual and the government (e.g criminal law) Subjects The simple difference between public and private law is in those that each affect Public law affects society as a whole, while private law affects individuals, families, businesses and small group FULFILL THIS CHART Private Law versus Private law Public law Public Law Governs Relationships between The relationship between individuals, such as the individuals and the Law of Contracts and the state the Law of Torts Subdivisions Civil law, labor law, Constitutional, commercial law, administrative and corporate law, criminal competition law BRANCHES/SUB-DIVISIONS Public law: Constitutional Law, Administrative Law, Criminal Law, International Law Private law: Contract law, Contract law, Law of torts, law on Properties and ownership, Labour law, Family and marriage law, Commercial law, Enterprise law, Competition law Private international law refers to the body of (1) rights and duties of private individuals and business (2) entities of different sovereign states It addresses two main questions: 1) the (3) jurisdiction in which a case may be (4) heard, and 2) which laws from which jurisdiction(s) apply It is distinguished (5) from public international law because it governs conflicts (6) between private individuals or business entities, rather than conflicts between states or other international bodies DEFINITION OF CONSTITUTION The vast majority of contemporary constitutions describe the basic principles of the state, the structures and processes of government and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act This higher law is usually referred to as a constitution The content and nature of a particular constitution, as well as how it relates to the rest of the legal and political order, varies considerably between countries, and there is no universal and uncontested definition of a constitution TASK 1: Fill in the blanks with appropriate prepositions Choose your answers from the options given in the bracket a Bankruptcy is when someone cannot pay what they [1] (owe/ own/won) and all their property is surrendered to a court-appointed person who liquidates the property to pay the claims of [2] (creditors/owners/debtors) b As in Vietnam, the State is [3] (constructed/organized/included) and operates on the principle of centralism, with state administrative management activities placed under the supervision of state power organs c The [4] (remarkably/quickly/extremely) fast pace of change in the area of information technology law means that lawyers at our firm have to [5] (mainly regularly often) attend seminars about the effects of new legislation d International law, also called [6] (public/private/mix) international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors TASK 3: Match these words and phrases from the text with their definitions private law: D) The area of law that deals with disagreements between people or companies, rather than disagreements that involve government 2.Treaty: (A) A written agreement between two or more countries, formally approved and signed by their leaders Tort law: G)The branch of law regulating the compensation liability arising from civil relation when no contract has been concluded between the parties Plaintiff: H) The party or individual bringing the case tocourt in a civil lawsuit Legal sanction: F)penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations Civil law: (L) Civil Law is a branch of private law involving several areas of the law: the law of persons, property law, contract law, the family law and inheritance law Sue: (N) to initiate a lawsuit or continue a legal proceeding for the recovery of a right or to bring action against particular party Decree: (I)a legal document in which the drafter outlines what to with his property after his death Authority: (E) a group of people with official legal power to make decisions or make people obey the laws in a particular area, such as the police or a local government department 10 Negligence: (B) Conduct that fails below the standards of behaviour established by the law for the protection of others against unreasonable risk of harm 11 Legal system: (C)The organizations and people in a country or area who work in the area of law 12 Code: (K) a systematic collection of laws or regulations 13 Ownership: M) the state of having complete legal control of the status of something 14 A will: (J) a type of legal document issued by the Government of Vietnam to guide or explain laws 15 Individual: O) A person who thinks or behaves in their own original way Rewrite these sentences Can be a/ a “company”/ limited liability company/ or partnership/ joint stock company => 2,1,3,5,4 Limited liability company/ a limited liability company/ limited liability company/ can be a siger – member/ or multiple member => 2,4,1,5,3 A vietnames enterprise/ that is registred/ meas an enterprise/ vvietnam’s law and has its headquarters cocated/ in accordance with/ within VN => 1,3,2,5,4,6 4 Is established or registered/ an organization/ law for business purposes/ that has a proper name, asets, premises/ “enterprise” means/ in accordance with => 5,2,4,1,6,3 They have to pay an amount of money as a punishment for breaking a law International law refers to laws governing the conducts of independent nations with each another in their relationships Testimonial evidence does not require foundation evidence for its admissibility as a prerequisite All party organizations and members of the communist party of Vietnam operate within the framework of the constitution and the laws How to set up a company in Vietnam: the process - process of each legal type is different and takes from to months; - Investors are obliged to obtain an investment registration certificate; - An enterprise registration certificate is the second mandatory document to be obtained during the registration procedure => Intertors are obliged to proceed with their tax registration pay business license tax and make their initial capital contribution - proxy: person appointed by a shareholder to attend and vote at a meeting in his/her place when the shareholder in unable to attend - managing director: company director responsible for the day-to-day operation of the company - Derector: person elected by the shareholders to manage the company and decide its general policy - Promoter: person engaged in developing or taking the initative form a company (arranging capital obtaining personnel, making arrangements for filing corporate documentation.) - Auditor: person appointed by the company’s accounts and to resport to the shareholders annually on the accounts - Company responsibilities secretary: company’s include accounting chief administrative administration and officer, compliance whose with employment legislation, security of documentation insurance and Comple these phrases with the prepositions a) First, I’ll start by giving you a little information about barker rose b) Our graduate recruitment programme includes an excellent set of benefits for student prepared to commit themselves fully c) I’ll then go on to outline what we have to offer to new associates d) Ok, let me just start by introducing myself e) Finally, I’ll also talk a little about what we expect from our potential graduate recruits f) Hello, everyone, and thanks for coming along Task: translate into English - Hợp đồng dịch vụ thể lời nói, văn xác lập hành vi cụ thể Dịch sang tiếng anh: a service contract shall be expressed in verbal or written form or established with specific acts - Hợp đồng dịch vụ mà pháp luật quy định phải thành lập văn phải ln theo quy định Service contract which are required by law to be made in writing, such requirement must be abided by ratio (legal reasoning) of the judge/s, including commentary on the arguments presented - Đối với dịch vụ hạn chế kinh doanh, dịch vụ kinh doanh có điều kiện, việc cung ứng dịch vụ bên tham gia hoạt động cung ứng dịch vụ đáp ứng đầy đủ điều kiện pháp luật Service subject to business restrictions and service subject to conditional business shall be provided only when these services and parties involved in the conditions defined by law - Bên vay bên cho vay hợp đồng sau gọi chung “các bên” gọi riêng “bên” The lessor, the lessee and CTP property hereinafter collectively referred to as the “parties” and individually to as the “party” - Trên sở cân nhắc thỏa thuận ghi hợp đồng này, bên tham gia hợp đồng đồng ý với điều khoản sau đây: Hereto: in consideration of the mutual covenants herein contained, the parties hereto/hereby agree as follows: - Hiệu lực hợp đồng phụ thuộc vào chấp thuận hội đồng quản trị bên hợp đồng The effect of this contract shall be subject to the approval of the boarđ of management of the parties hereof - Cá nhân, phấp nhân có quyền dân bị xâm phạm bồi thường toàn thiệt hại, , trừ trường hợp bên có thỏa thuận khác luật có quy định khác Each person has his/her civil rights violated shall be eligible for total damage, unless otherwise agreed by parties or unless otherwise prescribed by law - Khi giải yêu cầu bảo vệ quyền dân sự, tịa án quan có thẩm quyền khác có quyền hủy định cá biệt trái pháp luật quan, tổ chức , người có thẩm quyền A count or a competent authority is entitled to cancel an isolated decision of another competent agency, organization or person, upon a request for protection of civil rights Match these words and phrases from the text (1-4) with their definition (a-d) Commission: payment to someone who sells goods which is directly to the amount of good sold Intermediary: someone who caries messages between people who are unable to meet A ‘no cure, no pay’ basis: when payment is only made following a positive result Goodwill: the benefit a business gets from having a good reputation Match the roles (1-10) with their definitions (a-j) Auditor: person appointed by the company to examine the company’s accounts and to report to the shareholders annually on the accounts Company secretary: company’s chief administrative officer, whose responsibilities include accounting and finance duties, personnel administration and compliance with employment legislation, security of documentation, insurance and intellectual property rights Director: person elected by the shareholders to manage the company and decide its general policy Liquidator: person appointed by a court, the company or its creditors to wind up the company’s affairs 5 Managing director: company director responsible for the day to day operation of the company Official receiver: officer of the court who commonly acts as a liquidator of a company being wound up by the court Promoter: person engaged in developing or taking the initiative to form a company(…) Proxy: person appointed by a shareholder to attend and vote at a meeting in his/her place when the shareholder is unable to attend Receiver: person appointed by creditors to oversee the repayment of debts 10 Shareholder: member of the company by virtue of an acquisition of shares in a company DEFINITION OF LAWS Definition of law is a rule of conduct developed by the government or society over a certain territory Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc The Law is controlled and enforced by the controlling Differences between public law and private law Subjects: The simple difference between public and private law is in those that each affect Public law affects society as a whole, while private law affects individuals, families, businesses and small group authority ADMINISTRATIVE LAW As in Vietnam, the State is organized and operates on the principle of centralism, with state administrative management activities placed under the supervision of state power organs The law also guarantees the proactiveness and creativeness of such activities, as clearly manifest in that the administrative management subjects may set forth management policies and measures suitable to different objects in order to Written and unwritten constitution - Unwritten constitution refers to the constitution not codified in a structured manner - Written Constitution refers to the constitution codified and compiled in a structured and cohesive manner CONTRACT