Legal English 2 Flashcards
to give up formally or resign; to disown; to have nothing to do with anymore
renounce
to deviate (poiketa) from a set of rules or standards in treaties or international conventions
derogate from
the condition of being considered more important than someone or something else; priority in rank
precedence
to give someone a particular power, right or honour
confer upon
the doctrine that a legal system is superior to other legal systems
supremacy
a plan or course of action taken to achieve a particular aim
measure
to prevent something from happening or someone from doing something; to make something impossible
preclude
the principle that certain provisions in EU law are to be enforced and upheld in national courts (of member states) when invoked by (vedota) private individuals
direct effect
to damage, weaken or make something worse
impair
interpretation based on the broad aims of the Treaty
teleological interpretative function
to make; to cause something or someone to be in a particular state or condition
render
to delay or prevent (someone or something) by obstructing (estää) them; hinder (este)
impede
one nation acting alone
unilaterally
to give, to grant
accord
although, even though
albeit
conditional; depending on something else
contingent
a proposition that follows from one already proven; a natural consequence or result; resultant or consequent
corollary
to form an opinion about something based on the information or evidence that is available
deduce
the lenght of time that something continues or lasts
duration
the ability to produce an intended result; effectiveness
efficacy
to advance gradually beyond the usual or desirable limits
encroach upon
to imagine something as a future possibility or aim
envisage
clearly stated
explicit
previously said or written
foregoing
to cause to happen
give rise to
to suggest something indirectly
imply
impliedly
out of respect for; in consideration of
in deference to
to put at risk; to endanger
jeopardize
here: proposal
motion
a citizen of a particular country
national
the practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another
reciprocity
a party to a contract, treaty or other legal document
signatory
complete power to govern, e.g. a country
sovereignty
to be the result or consequence of something
stem from
to be dependent or conditional upon
subject to
without any conditions or limits
unconditional
done by only member of a group or organization without the agreement of the other members
unilateral
to refuse to give something to someone or something
withhold
A contract is ______________ when both parties fulfil all their obligations.
A contract is performed when both parties fulfil all their obligations.
In English law a contract is formed when the _____________ accepts the offer
which the _____________ has made.
In English law a contract is formed when the offeree accepts the offer
which the offeror has made.
An actual failure by a party to a contract to perform his/her obligations under the
contract may be a ______________
An actual failure by a party to a contract to perform his/her obligations under the
contract may be a breach of contract
Minors, the mentally disordered, and the drunk are examples of persons lacking the
_____________ to contract in full.
Minors, the mentally disordered, and the drunk are examples of persons lacking the capacity (=incapacity) to contract in full.
Although the contract was valid, the court was unable to _____________ it
because there was no written evidence of its existence.
Although the contract was valid, the court was unable to enforce it because there was no written evidence of its existence.
The plaintiff was awarded €10,000 in _____________ because the defendant had
breached the terms of the contract.
The plaintiff was awarded €10,000 in damages because the defendant had
breached the terms of the contract.
A valid contract is legally ______________ on both parties.
A valid contract is legally binding on both parties.
A contract is ____________ where it never had legal effect, but it is
_____________ if it is of legal effect and remains so until one of the parties sets it
aside.
A contract is void where it never had legal effect, but it is
voidable if it is of legal effect and remains so until one of the parties sets it
aside.
After buying a painting described by the seller as the work of Picasso, Leaf
discovered it was not genuine and he applied to the court to grant him the remedy of
_____________ on the ground of misrepresentation.
After buying a painting described by the seller as the work of Picasso, Leaf
discovered it was not genuine and he applied to the court to grant him the remedy of
rescission (kumoaminen) on the ground of misrepresentation.
In fear of violence from the man with whom she was living, Welch transferred
her house to him. Later the transfer was set aside by the courts because it was made
under _____________.
In fear of violence from the man with whom she was living, Welch transferred
her house to him. Later the transfer was set aside by the courts because it was made
under duress (pakko).
a breach of contract
the company is in breach of contract
to breach (the terms of) a contract
the company breached (the terms of) the contract
to enforce (the terms of) a contract
the court was unable to enforce (the terms of) the contract
enforceable
unenforceable
to claim/ pay 10,000 in damages terms/ conditions = the duties or obligations which have to be carried out as part of a contract to bind > bound binding (adj.) to make a contract with s-e to enter into a contract with s-e contractual (adj.) valid - invalid validity (n.) to invalidate a contract to contravene = to break or go against the law or a set of rules fraud > fraudulent (adj.) negligence > negligent (adj.) performance - non-performance to perform the terms of a contract
to claim/ pay 10,000 in damages terms/ conditions = the duties or obligations which have to be carried out as part of a contract to bind > bound binding (adj.) to make a contract with s-e to enter into a contract with s-e contractual (adj.) valid - invalid validity (n.) to invalidate a contract to contravene = to break or go against the law or a set of rules fraud > fraudulent (adj.) negligence > negligent (adj.) performance - non-performance to perform the terms of a contract
specialty contracts (contracts by deed; contracts under seal
specialty contracts (contracts by deed; contracts under seal
- must be in the form of a written document (a deed) that is signed,
sealed and delivered. - used in transfers of e.g., real estate, shares in British ships’
Simple Contracts
Simple Contracts
- can be written, oral; implied by conduct
Conditions
Conditions
Statements of fact or promises which form the essential terms of the
contract.
If the statement is not true, or the promise is not fulfilled, the
injured party may terminate (or treat as discharged) the contract and claim
damages.
Warranties
Warranties
Contractual terms concerning the less important or subsidiary statements
of facts or promises.
If a warranty is broken, this does not entitle the other
party to terminate (or treat as discharged) the contract, it only entitles him
to sue for damages.
In criminal law the question of guilt or innocence is of central importance.
In the law of tort the question of ___________ is of central importance.
In criminal law the question of guilt or innocence is of central importance.
In the law of tort the question of liability is of central importance.
The tort of ___________ occurs when a person is detained, or confined
against his/her will and without justification.
The tort of false imprisonment occurs when a person is detained, or confined
against his/her will and without justification.
If a person verbally attacks another person’s character, this may be a tort
of ___________. If a person publishes an article that is untrue about a
person’s character, this may be a tort of ___________. These are both
examples of ___________.
If a person verbally attacks another person’s character, this may be a tort
of slander. If a person publishes an article that is untrue about a
person’s character, this may be a tort of libel. These are both
examples of defamation.
There are various torts that may be committed against property. If you
throw bricks onto someone else’s property, this may be ___________. If you
play your stereo too loudly, this may be ___________. If you borrow
someone’s camera without returning it, this may be ___________.
There are various torts that may be committed against property. If you
throw bricks onto someone else’s property, this may be trespass to land. If you
play your stereo too loudly, this may be private nuisance. If you borrow
someone’s camera without returning it, this may be conversion.
A ___________ is a person who has committed a civil wrong which has
caused injury to a ___________.
A tortfeasor is a person who has committed a civil wrong which has
caused injury to a plaintiff.
An employer may be ___________ liable for an employee’s activities
during the course of the latter’s work.
An employer may be vicariously liable for an employee’s activities
during the course of the latter’s work.
The general rule is that a mistake, either of law or of fact, is no
___________ in tort law.
The general rule is that a mistake, either of law or of fact, is no
defence in tort law.
The court decided that the damage was too ___________ to be
recoverable.
The court decided that the damage was too remote a consequence to be
recoverable.
An injunction and damages are both ___________ available in the law of
tort.
An injunction and damages are both remedies available in the law of
tort.
A failure to meet some legal duty of care which results in harm to
another person may be ___________.
A failure to meet some legal duty of care which results in harm to
another person may be negligence.
VERB NOUN ADJECTIVE
to allege allegation alleged
to libel libel libellous
to slander slander slanderous
to compensate compensation compensatory
to intend intention intended
to act action/act active/actionable
to defame defamation defamatory (kunnianloukkaus)
VERB NOUN ADJECTIVE
to allege allegation alleged
to libel libel libellous
to slander slander slanderous
to compensate compensation compensatory
to intend intention intended
to act action/act active/actionable
to defame defamation defamatory (kunnianloukkaus)
lievittää
to alleviate
todistaa
to certify
oikeus / vaatimus
claim
kykenevä
competent
pakko
duress
kuolinpesä
estate
jouduttaa
to hasten
noudattaa, kunnioittaa
to honor
