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LEGAL ENGLISH · LEGAL ISSUES · UPPER-INTERMEDIATE (B2-C1)

LEGAL
VOCABULARY
IN USE
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1 Warm up

Part A: Decide who is represented by each of the photographs from the following options.

barrister judge jury solicitor

1. 2. 3. 4.

Part B: Now match these answers with the definitions below.

1. a type of lawyer in the UK who gives specialised legal advice and can argue
a case in both higher and lower courts
2. a person who is in charge of a trial in a court and decides how a person who is
guilty of a crime should be punished or who makes decisions on legal matters
3. a type of lawyer who is trained to prepare cases, give advice on legal subjects
and can represent people in lower courts
4. a group of people who have been chosen to listen to all the facts in a criminal
trial and to decide if a person is guilty or not guilty, or if a claim has been
proved

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2 Legal vocabulary
Part A: Match the vocabulary with the correct definition.

1. armed robbery (n) a. a covering of hair that can be removed and is worn on the
head to hide a lack of hair or to cover your own hair
2. indictable (adj.) b. a person who sees a crime or an accident

3. appeal (n) c. the rooms used by a barrister or a group of barristers

4. conviction (n) d. a request made to a court of law or to someone in authority

to change a previous decision
5. brief (n) e. the fact of officially being found guilty of a particular crime,
or the act of officially finding someone guilty
6. witness (n) f. a document that shows the facts of a legal case that will be
argued by a lawyer in a court
7. prenuptial agreement (n) g. making it possible for someone to be accused officially of a
crime
8. firm (n) h. an official document signed by two people before they get
married that says what will happen to their possessions
and/or children if they divorce
9. chambers (n) i. a business that is engaged in the practice of law

10. wig (n) j. the crime of stealing from somewhere or someone using
weapons

Part B: Complete the sentences with the missing words from Part A. You may need to change the
form of the word.

1. After I graduated, I joined a that specialises in property law.

2. He committed a number of serious crimes, such as .

3. Wearing a brings a sense of tradition and formality to legal proceedings.

4. Initially, the man was found guilty, but he made an to a higher court
and was found not guilty.

5. offences are normally more serious and result in longer sentences.

6. The divorce was straightforward as they had a .

7. She already had a number of before she committed the crime.

8. All the details of the case and the witnesses’ statements were contained within the
.

9. The majority of barristers’ are in London as this is where most of

the courts are.

10. Many saw the crime being committed and were able to give evidence.

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3 Listening for gist

You will hear a podcast about the roles of barristers and solicitors. State what the following figures
relate to.

1. four years →

2. 220,000 →

3. 250,000 →

4 Listening comprehension

Listen to the podcast again in more detail and choose the correct answer.

1. Where do trials for serious crimes take place?

a. Family Court

b. Chambers

c. Crown Court

2. What does a defence barrister have to prove?

a. that their client is not guilty

b. that their client is innocent

c. that they have sufficient evidence

3. What might a brief contain?

a. recommendations for the judge

b. witnesses who will be called

c. a summary of family law

4. Why do barristers often share chambers?

a. to save on certain costs

b. to be able to get advice from solicitors

c. to be nearer to the courts

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5 Legal vocabulary

Complete the following sentences using the words and expressions below. You may need to change
the tense of some of the words.

bound breached duty of care liable

precedent sentencing guidelines severity standard of proof

1. Employers have a to protect their workers and visitors.

2. The prosecuting barrister argued that the defendant was and should
pay compensation.

3. The judge´s ruling was based on a set by a previous decision.

4. He claims the city council their contract by selling the property.

5. The of the crime meant that he was given a prison sentence.

6. The contract meant she was legally to not spend any of the money.

7. According to , someone found guilty of stealing from a shop can

receive a prison sentence of up to three years.

8. They submitted enough evidence that the was met and the accused
was found guilty.

6 Reading comprehension

Read the three texts about civil, criminal, and common law (page five). Decide whether the following
statements are true (T) or false (F).

1. Under civil law, the person who is accused is known as the claimant.

2. Breaches of civil law often involve the payment of compensation.

3. If you are accused of a crime, you always face a trial in the County Court.

4. Criminals might have to pay a financial penalty.

5. Judges usually have to follow the decisions made in previous cases to resolve a dispute.

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Civil law concerns cases between people or between people and organisations.
Breaches of civil law involve offences that are harmful towards another person,
their rights, or their property. In civil law, the person bringing the claim is called
the "claimant". The person accused is referred to as the "defendant". These types
of cases are typically centred around establishing whether the defendant had a
duty of care towards the claimant or not. Unlike criminal law, you will not be sent
to prison if you are found guilty. Those who are convicted of a civil offence are
however usually liable for compensation. The standard of proof used for civil law
cases is based on "the balance of probabilities".

Criminal law relates to offences that have a negative impact on society, not just
one person. When a person commits a criminal act, in breach of criminal law,
then they will face a trial at the Magistrates’ Court or the Crown Court. If found
guilty of a crime, they will receive a penalty in line with the legislation and
sentencing guidelines. This may be a fine, community order, or even a prison
sentence, depending on the severity of the crime. The standard of proof required
for a conviction is that the crime happened "beyond a reasonable doubt".

Common law is the legal system used in England and Wales. It is mainly based on
the idea of precedent - when a court makes a decision about a case, that decision
then becomes a part of the law. For example, murder is not illegal in England
because of a law made by the government, but because of the decisions of
judges in earlier murder cases. Furthermore, if a court finds that a similar dispute
as the present one has been resolved in the past, the court is bound to follow the
reasoning used in the previous decision. However, it is possible for governments
to add to or modify common law via Acts of Parliament.

7 Reading: general understanding

Look at the headlines below and decide whether, if brought to court, they would be civil or criminal
cases.

1. Woman sues hospital after misdiagnosis

2. Eight men arrested for suspected drug trafficking

3. Police investigate arson attacks

4. Woman’s death the latest in a string of murders

5. Shop assistant sues boss after injury at work

6. Man takes building company to court over badly-built kitchen

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8 Talking point
In civil cases, the standard of proof is based on the balance of probabilities, while in criminal cases it
is beyond a reasonable doubt.

1. Which do you think involves a higher level of proof?

2. Why do you think the level of proof is different depending on the type of law?

9 Legal vocabulary
Complete the definitions by using a word from the box below.

compensation decision evaluation evidence

evidence facts mistake resolving

1. submission (n) - a suggestion or request that is given to a judge who is asked to make a
about it

2. witness statement (n) - a signed document recording the of a witness

3. claim form (n) - a formal written request to someone for

4. Particulars of Claim (n) - a document setting out the case of a claimant that specifies the
relied upon

5. disclose (v) - make available

6. dispute resolution procedure (n) - the process of a dispute between

different parties through mediation

7. flaw (n) - a fault, , or weakness

8. judicial discretion (n) - a judge’s power to make a decision based on their personal
, guided by the principles of law

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10 Making a criminal claim

The statements below are steps in the civil litigation process. Put the steps in the correct order.

The judge makes their decision. The losing party normally has to cover the winner’s costs. This
amount is down to judicial discretion.
Parties are required to disclose all the relevant documents in their possession.

Barristers sum up the evidence and make submissions on the relevant law.

A Claim Form is submitted to the court and to the defendant that includes the Particulars of
Claim. This states a summary of the facts against the defendant.
Parties are encouraged to use alternative dispute resolution procedures (ADR) to avoid costs. If
this is unsuccessful, the court sets down a timetable to progress the issue to trial.
The defendant has 28 days in which to respond if they wish to defend the claim.

During the trial, witnesses give evidence. They are cross-examined to reveal flaws in their case.

Witness statements are exchanged, which set out the facts that they will testify to in court.

11 Homework/optional extension
Task A: Complete the following sentences using words or phrases from the lesson.

1. A prepares cases for court and offers advice on legal matters.

2. Before they got married, both parties signed a .

3. A young woman who saw the accident was called to give evidence as a .

4. When he makes an against the decision, he hopes the judge makes

a different verdict.

5. The judge followed the and sent him to prison for three years.

6. The is high in murder trials as a person’s freedom is at stake.

7. The original legal had been set three years earlier in a previous case.

8. Before a trial, both parties are expected to evidence to each other.

9. Property damage is a crime that is dealt with by law.

10. She appealed unsuccessfully against her for murder.

Task B: Discuss the questions in pairs or small groups.

1. Is there a similar system of solicitors and barristers in your country?

2. Why do you think juries are used in criminal cases?
3. Have you ever served on a jury, or do you know anyone who has?

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