LEGAL ENGLISH

Chapter 1
INSTITUT SUPERIEUR DE MANAGEMENT
2nd Year Bachelor in Business Law
Academic Year 2021 - 2022
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Legal System and Litigations

Legal System and

Litigations
 In many legal systems, litigations are either settled
as Civil disputes or Criminal disputes.
 Civil cases usually involve conflicts between private
individuals or organizations, such as disputes arising
in contract law, tort law (personal injuries), property
law, commercial law or family law matters.
 Criminal cases are conflicts arising out of the
violation of the Laws through the perpetration of an
act that harms the Society in general.

Civil Cases
► Civil Lawsuits between people or groups of
people (individuals, organizations or govts) in
which no criminal laws have been broken.
 the person suing is the plaintiff; the accused is the
defendant.
 Cases involving a small amount of money are handled
in lower courts; large amounts often require lawyers
and juries.
 Many different kinds property disputes, breach of
contract, family matters, negligence(when someone
was hurt or injured b/c someone else was careless), or
personal injury.

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 What Happens in a Civil
Case?
1. Plaintiff or his/her attorney files a complaint (buy a
sandwich and find a piece of glass in it while eating.)
2. Court sends a summons (what the suit is against him/her
and order to appear in court) to the defendant;
3. Defendant or his/her attorney files a written answer
(respond).
4. Pre-trial hearing called to clarify differences between
the parties (parties may agree on an amount of money to
be paid to the plaintiff at this point.)
5. Attorneys for both parties exchange pleadings documents
(answer to the complaint; admit to the charges or offer
reasons why he/she is not responsible)
6. Attorneys for plaintiff and defendant argue case in court
7. Court gives a verdict.

Appeal

► If the losing side believes that the judge

made errors during the trial or some other
type of injustice took place in the case law, it
my appeal the verdict to a higher court

Criminal Cases
► Criminal Law cases in which the state/
government charges someone with a crime.
 Government=Prosecution (the party who starts
the legal proceedings against another party for
a violation of the law)
 Person accused=Defendant
► Crime an act that breaks a
Government/State criminal law & causes
harm to people or society.

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 Types of Offences?
► Offences can be divided into 3 main categories:
 Felonies Serious crimes such as armed burglary, rape, and murder ….
► Punishable by imprisonment for a year or more
 Murder can be punished by death or life sentence depending some countries.
 Torts Serious as crimes such as manslaughter, theft, libel, drunk-
driving, assault and battery ….
 Misdemeanors Less serious crimes
► Punishable by fines or sentenced to one year or less in jail
 The more serious the crime the harsher the punishment
► First Degree Murder→ planned killing or hiring of another person to

kill someone (premeditated)

► Second Degree Murder→ intentional murder without prior planning,

but often in anger

► Manslaughter→ killing of another person by accident

Punishment?
 Penalty depends on the seriousness of the crime
► For misdemeanors the punishment might be a fine or a
few days (or weeks) in jail
► Felonies are usually punished by long prison terms .

Criminal cases procedure

1. Arrest Judicial Police officers or the Gendarmerie arrest

2. Custody The accused is kept at the police for investigations

3. Investigations Investigating judge may help collect evidence

4. Indictment The accused is formally charged with a crime

5. Arraignment The accused pleads guilty or not guilty

6. Trial Prosecution and defense present cases to the judge

7. Verdict Formal decision of a judge on the issues at trial

Acquittal-probation- sentencing- dismissal

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 Oral activity: mock trial
 Case 1 The accused found his wife in their
bed with another man. He (the husband) took
the bread knife and killed him.
 Case 2 The accused is a bulldozer driver, he
got drunk and was driving back the vehicle to
the construction site near a high school. As he
turned a corner, he crashed into the school
yard and killed a group of 10 persons on the
spot. 10

mock trial Process

 Opening Statement :( the process by which t is proved that the defendant is

guilty beyond a reasonable doubt) First the prosecutor (criminal case) or
plaintiff's attorney (civil case), then the defendant's attorney must prove the
prosecution does not have enough evidence to prove guilt beyond a reasonable
doubt.
 Prosecution’s or Plaintiff's Case: Witnesses are called to testify by presenting the
facts of a case as personally experienced or known (direct examination) and
other physical evidence is introduced. Each witness called is cross-examined
'(questioned so as to break down the story or be discredited) by the defense.
 Defendant's Case: Same as the third step except that defense calls witnesses for
direct examination; cross-examination by prosecution/plaintiff.
 Closing Statement: An attorney for each side reviews the evidence presented
and asks for a decision in his/her favor. (Closing Argument~ the last
opportunity you have to address the court in your case. You need to argue the
strengths of your case and the weaknesses of the prosecutor’s case. ) 11

Mock trial Process

 Jury Instructions (Jury Trials Only): The Judge explains to the jury appropriate
rules of law that it is to consider in weighing the evidence. As a general rule, the
prosecution (or the plaintiff in a civil case) must meet the burden of proof in
order to prevail. In a criminal case this burden is very high. In order for the
accused? Are some parts of the trial more important than others? Would you
trust a jury of your peers to determine your guilt or innocence? Students should
also explore their reactions to playing attorneys, witnesses, jurors, and the
judge. What roles do each play in the trial process?
 If a resource person has participated in the mock trial, the debriefing is an
excellent way to make the most of his or her experience and insights. Since the
mock trial is a common frame of reference, the resource person has a natural
vehicle for expressing ideas and observations, and students should be better able
to grasp the points that are being discussed.

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 Court Room role plays
 Imagine the roles of each and every in a
court room, then choose one of the roles you
will be playing during the mock trial.
 Prosecutor/Prosecuting attorney
 Court opening
 Claimant’s attorney
 Opening statements
 Defendant’s attorney  Closing statements
 Claimant  Direct examination
 Defendant  Cross examination
 Witnesses  Pleadings
 Judge
 Bailiff/ court clerk

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Vocabulary checklist :

 Lawsuit  Pleadings  Party

 Claimant  Manslaughter  Arrest
 Defendant  Barristers  Custody
 Damage  guilty  Probation
 Injury  Complaint  Trial
 Tort  Court  Assault
 Felony  Prosecution  Charges
 Attorney  Liable  Warrant
 Arson  Imprisonment  Evidence
 Litigataion  Case  Hearings
 Fine  Innocent  Appeal
 Jail  Arraignment  Pardon
 Prosecutor  indictment  Offense

1. Bailiff/Clerk opens the court session.

2. Judge enters court and provides introductory remarks to jury.
3. Plaintiff’s attorney makes an opening statement.
4. Defendant’s attorney makes an opening statement.
5. Plaintiff’s attorney calls first witness and asks questions (direct examination)
6. Defendant’s attorney cross examines witness for the plaintiff.
*Note: Plaintiff may have multiple witnesses. For each witness the attorney for the
plaintiff will question the witness and the defendant’s attorney will immediately
follow with the cross examination.
7. Defendant’s attorney calls first witness and asks questions (direct examination).
8. Plaintiff’s attorney cross examines witness for the defense.
*Note: Defendant may have multiple witnesses. For each witness the attorney for
the defendant will question the witness and the plaintiff’s attorney will
immediately follow with the cross examination.
9. Plaintiff’s attorney gives closing argument.
10. Defendant’s attorney gives closing argument.
11. Plaintiff’s attorney may present rebuttal .
12. Judge provides specific jury instructions prior to jury deliberation. This can be
before number 9 and/or at number 12 as instructions may be given at various times
throughout the trial – at the introduction of the case, before closing statements, and
before the jury is discharged to consider its verdict, etc.
13. Jury deliberates and determines verdict.
14. Verdict or decision is announced. 15