Unit-One-The-Practice-of-Law1

1、Unit One The Practice of Law,Listening and Speaking Task 1: Documents in court,1. Comprehension Questions : listen to a lawyer telling a client about some of the documents involved in a case and answer questions as follows. (1) What claim has been filed against the client? (2) Will the case go to tr

2、ial?,Listening and Speaking Task 1: Documents in court,2. Documents in court: 1). listen again and tick the documents the lawyer mentions. (1) answer (2) affidavit (3) brief (4) complaint (5) injunction (6) motion (7) notice (8) pleading (9) writ,Listening and Speaking Task 1: Documents in court,2).

3、 Match these documents with their respective definitions: (1). affidavit A. a document informing someone will be involved in a legal process and instructing them what they must do (2). answer B. a document or set of documents containing the details about a court case (3). brief C. a document providi

4、ng notification of a fact or claim (4). complaint D. a formal written statement setting forth the cause of action or the defense in a case (5). injunction E. a written statement that someone makes after they have sworn officially to tell the truth which might be used as proof in court (6). motion F.

5、 an application to a court to procure an order, ruling or decision (7). notice G. an official order from a court for a person to stop doing sth (8). pleading H. in civil law, the first pleading filed on behalf of a plaintiff, which starts a lawsuit (9). writ I. the principal pleading by the defendan

6、t in response to a complaint,Listening and Speaking Task 1: Documents in court,3).Definition affidavit 宣誓陈述书/正式书面陈述(陈述立誓人誓称的事实,可用作证据) answer 答辩状/抗辩( 被告提交针对起诉状的书面答复) brief 案情摘要(英)/案件辩护要点(美) complaint 民事起诉状 (civil complaint ) injunction 强制令 (法院发出的强制命令,要求当事人为或不为某行为,以防未来伤害行为发生),Listening and Speaking Ta

7、sk 1: Documents in court,3).Definition Motion 动议(当事人向法院提出的正式请求,以获得法院的裁定或判决,如”a motion to dismiss”, 请求撤销案件动议) notice 通知(书) pleading (s) 诉辩状(民事诉讼中原告与被告向对方以及法院提交的正式文件,载明各自立场与事实依据，包括原告诉状 complaint与被告抗辩状answer等） writ 传票（英）/（法院）令状（如：“writ for payment”）,Listening and Speaking Task 1: Documents in court,3.

8、Useful expressions when dealing with documents in court 1). listen again and match verbs used by the lawyer with their respective definitions: (1) serve a writ on someone(将-送达） A. to produce a piece of writing that you intend to change later (2) file a complaint with the court（提出-） B. to deliver a l

9、egal document to someone, demanding that they go to the court of law or that they obey an order (3) draft an answer（起草） C. to officially record something, especially in a court of law,Listening and Speaking Task 1: Documents in court,(4) issue a notice （发出） D. to deliver a document formally for a de

10、cision to be made by others (5) submit a brief to the court（提交/呈交） E. to produce something official (6) raise the objection to (对提出异议) F. file a formal reason why somebody is opposed to sth,Listening and Speaking Task 1: Documents in court,4.Sentence interpretation (1) 我们得起草一份针对起诉的答辩状。 We shall have

11、 to draft an answer to the complaint. (2) 原告已向法院提交诉状(民事),陈述己方立场以及事实依据, 法院已经立案(file the case )。 The plaintiff has filed the complaint with the court, stating his position and the facts. The court has filed the case. (3) 法院已向(against)被告发出传票(summons)，要求其出庭(appear in the court )。 The court has issued a

12、summons against the defendant, ordering the defendant to appear in the court.,Listening and Speaking Task 1: Documents in court,4.Sentence interpretation (4) 我们准备向法院呈交管辖(jurisdiction of the court over this case)异议以争取更多的时间准备答辩。 We are to raise an objection to the jurisdiction of the court over this c

13、ase for winning more time to prepare our defence. (5) 送达人(process server)已经将支付令(the writ for payment)送达被告。 The process server has served the writ for payment on the defendant. Or: The process server has served the defendant with the writ for payment .,Listening and Speaking Task 2: Lawyers,1. Compre

14、hension Questions: listen to 3 law students talking about the kind of work they want to do when they have completed law studies and answer questions as follows. (1) Why does the first boy student in the talk want to be a barrister ? (2) What are the girls plan when she has completed law studies? (3)

15、 Why does boy student named Jacob in the talk want to be a solicitor?,Listening and Speaking Task 2: Lawyers,2. Match the terms of legal practitioner with their definitions. (1) solicitor A. a lawyer, often working in the chambers (律师事务室), usually serves as a professional court advocate and has the

16、right of audience (出庭权) in all courts in the UK( England and Wales), the work of whom is regulated by the Bar Council( 律师公会) (2) barrister B. a lawyer, usually working in the law firms (律师事务所), undertakes the general aspects of legal work, for example, giving legal advice or conducting legal proceed

17、ings, but generally has limited right of audience in lower courts in the UK( England and Wales), the work of whom is regulated by the Law Society( 律师协会),Listening and Speaking Task 2: Lawyers,3. Read and Repeat: Roles in details of the barrister. Barristers focus on the following roles: To represent

18、 a client in a court case including advisory and advocacy work. (If the work involves litigation, the practice rules requires that a solicitor is retained to go on the court record and handle relevant correspondence and court filings.) To represent a client in an arbitration case including advisory

19、and advocacy work. To advise a client on a point of law or issues in a case as well as the evidence required to support them. To give legal opinions in a contentious ( i.e. involving court proceedings) or a non-contentious context. To be appointed as arbitrators, mediators(调解人), adjudicators (裁决人/公断

20、人)or expert witness.,Listening and Speaking Task 2: Lawyers,4. Other terms of legal practitioner: Match the terms of legal practitioner with their definitions. (1) lawyer A. a usual term for a qualified lawyer in US and many other countries, especially the former is usually used as the job title in

21、the business card (2) counselor/counsel/ in-house counsel B. one who is licensed to practice law (3) attorney-atlaw / attorney C. one who gives legal advice especially for a corporation or government authority (顾问律师),Listening and Speaking Task 3: Law firm structure,1. Comprehension Questions: Linus

22、 Walker has applied a position at a law firm. Listen to his job interview and answer the questions as follows. (1) What does Mr. Nichols say about the atmosphere of the firm? (2) What does Linus say about the size of the firm? (3) What areas of law does the law firm specialize ? (4) What are the dut

23、ies of the full partners in this law firm?,Listening and Speaking Task 3: Law firm structure,2. Gap filling: Listen again and complete the organigram of the firm.,Mr. Robertson and Mr. Michaels _(1)_,Ms. Graham and Mr. Nichols (2)_,(3)_Department Salaried Partner,Secretary,(4)_Department (5)_,_(6)_,

24、Associate,(7)_,Associate,(9)_,Associate,_(8)_,Paralegal,Associate,Paralegal,Listening and Speaking Task 3: Law firm structure,3.Job titles used in law firms: Listen to English definitions and try to interpret. senior partner Chinese:_资深合伙人 salaried partner Chinese:_授薪合伙人 associate/ associate lawyer

25、Chinese: 助理律师/初级律师/受聘律师/准合伙律师,Listening and Speaking Task 3: Law firm structure,paralegal/legal assistant Chinese: 律师助理/法律助理 law clerk Chinese:律所职员 managing partner Chinese: 执行合伙人/经管合伙人,Listening and Speaking Task 3: Law firm structure,4. Names of departments of a law firm. Commercial/Criminal/Civil

26、 Litigation Dep. 商事/刑事/民事诉讼事务部 Commercial Property Dep. 商业财产事务部 Company and Commercial Dep. 公司与商业事务部 Family Law Dep. 家事法事务部/亲属法事务部 Personal Injury Dep. 人身伤害事务部,Listening and Speaking Task 3: Law firm structure,4. Names of departments of a law firm. Residential Property Dep. 住宅财产/居住物业事务部 Employment (

27、UK) / Labor (US) Law Dep. 雇佣法事务部 Bankruptcy Law Dep. 破产法事务部 Intellectual Property Dep. 知识产权事务部,Listening and Speaking Task 3: Law firm structure,5. Useful phrases to describe the law firm structure. (1) department / firm be headed by somebody 由主管/由-负责 (2) somebody be assisted by somebody 由协助工作 (3) d

28、epartment / firm/ somebody be managed by somebody 由主管/由-负责 (4) somebody/ department /firm oversee department /firm 监督,Listening and Speaking Task 3: Law firm structure,5. Useful phrases to describe the law firm structure. (5) somebody be in charge of / take charge of department / firm 负责-/主管- (6) so

29、mebody /department / firm report to somebody/ department / firm 向汇报工作/对-负责 (7) somebody be responsible to somebody /department / firm 对-负责/向汇报工作,Listening and Speaking Task 3: Law firm structure,6. Situational oral practice You are a director of the administrative office of a law firm. You are accep

30、ting a student from a law school who will serve a summer clerk in your law firm and trying to briefing the structure of the firm and corresponding staff.,Listening and Speaking Task 4: Practice areas,1. True or false: listen to five lawyers talking about their firms, practice areas and clients and d

31、ecide whether the information your hear about each speaker is true or false. Speaker 1- (1) has a few years working experience. False (2) works as a clerk at a mid-size commercial law firm. False (3) will get to know other departments of the firm. True (4) meets with clients regularly. True (5) plan

32、s to specialize in litigation(商事诉讼). True,Listening and Speaking Task 4: Practice areas,Speaker 2- (1) is a sole practitioner (单独执业律师 ). True (2) works in the area of employment/labor law(雇佣法). True (3) deals with wage disputes. True (4) represents clients in mediation(调解). True (5) has many clients

33、 who are small businesses(小企业) False,Listening and Speaking Task 4: Practice areas,Speaker 3- (1) works in the areas of secured transactions(担保交易/可靠交易). False (2) carry out trade-mark registrations. True (3) assists clients who are in artistic professions. True (4) serves as an expert witness in cou

34、rt. True (5) is a partner in a large IP firm. False,Listening and Speaking Task 4: Practice areas,Speaker 4- (1) is a senior partner in a mid-size law firm. False (2) specializes in competition law. True (3) represents clients before the employment tribunal. False (4) deals with infringements of the

35、 Competition Act. True (5) has clients in the telecommunications sector. True,Listening and Speaking Task 4: Practice areas,Speaker 5- (1) owns shares in his firm. True (2) argues cases in court. True (3) works in the area of real property law. True (4) represents landlords but not tenants. False (5

36、) teaches courses on litigation at the law university. False,Listening and Speaking Task 4: Practice areas,2. Useful Expressions to briefing the main areas of expertise of a lawyer. 1) Job title I am an senior partner at a large law firm. I serve as an associate at a mid-size law office. I am a sole

37、 practitioner in the area of contentious business/ non- contentious business. I am the head of a law firms intellectual property law division.,Listening and Speaking Task 4: Practice areas,2) duty/expertise (1) About law firm We specialize in merges and acquisitions . We cover most major areas of le

38、gal practice/offers a wide range of law services, including banking law, competition law, corporate law, commercial disputes resolving, to name a few. This law firm is publicly recognized as having a large number of leading lawyers and this enables Z&Z Law Firm to deliver top quality service with ef

39、fective cost. 本所被公认拥有众多顶尖律师,这使得Z&Z律师事务所能够提供质量上乘而且具有成本优势的服务。,Listening and Speaking Task 4: Practice areas,2) duty/expertise (1) About law firm Z&Z Law Firm is a leading Chongqing law firm with 18 partners and a total staff of 157. Since 1980, we have been serving clients home and abroad. Lawyers hav

40、e a wide range of specialist experience in the areas of international transactions, real estate, corporation, intellectual property and so on. Our recent work includes: act on behalf of our client in intellectual property enforcement work relating to patent right infringement claims. 代表客户,参与和专利侵权索赔有

41、关的知识产权执行工作。,Listening and Speaking Task 4: Practice areas,2) duty/expertise (1) About law firm advising our client on a wide range of corporate work and mergers & acquisitions linked to China. 为客户的多种公司业务以及与中国有关的合并与收购业务提供法律意见。 negotiating the establishment of a joint venture between a Top 500 corpora

42、tion and a local corporation. dealing with a contractual disputes over sales of goods between an American corporation and a Chinese corporation. representing a client as the plaintiff in a trade-secret infringement litigation.,Listening and Speaking Task 4: Practice areas,2) duty/expertise (1) About

43、 law firm assisting a Canadian Corporation in taking necessary steps to form and register its China branch. giving legal opinions on the disposal of the PC division of BIM to Lenovo. counseling a client about his rights and options in a commercial dispute in connection with a technological transfer

44、contract. We have a good working relationship with government, trade associations and other professional intermediary institutions. This enables us to provide clients with more efficient services.,Listening and Speaking Task 4: Practice areas,(2) About lawyer I specialize in risk management and reso

45、lving commercial disputes. I commonly deal with various commercial transactions. I advise domestic and international clients on all aspects of mergers & acquisitions, including due diligence, negotiating and drafting agreements, providing legal opinions, to name a few. My main area of expertise is r

46、eal property law, involving the whole-stage legal service for real estate projects.,Listening and Speaking Task 4: Practice areas,I represent clients in contractual dispute settlement of international trade, investment and construction before/in courts of various level. I act on behalf of clients in

47、 relation to transactions involving Initial public offer, project financing, venture capital investment, establishment of the sino-foreign joint-venture. I handle divorce issues. I provide my clients with legal opinions and options. I also provide advocacy for my clients in divorce cases in litigati

48、on.,Listening and Speaking Task 4: Practice areas,So, the golden rule for describing the expertise of a lawyer as well as a law firm : Selected phrases plus fixed expressions of legal practice!,Listening and Speaking Task 4: Practice areas,3. Situational oral practice (1) A briefing of your duty or

49、expertise in the law firm. A client wants to instruct your law firm to act on behalf of him in relation to a certain area of legal issues. This matter has been passed to you to deal with. Key Factors for consideration when briefing: Your job title Your expertise Your past practice in this aspect of

50、legal practice Brief Introduction of your firms charging arrangement and charging rate.,Listening and Speaking Task 4: Practice areas,A briefing for reference: Mr. Robin, thank you for instructing us to handle this real estate transaction . I confirm that this firm would be glad to act on your behalf in respect of this transaction. I am Harry Ford, an associate working in the Real-state Transaction Department. This matter has