Đề Cương: Ôn tập tiếng Anh Pháp Lý Chuyên Ngành Luật

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 do 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

1 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

2 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

Public Law

individuals, such as the the Law of Contracts and the Law of Torts

The relationship between individuals and

the state

Subdivisions Civil law, labor law,

commercial law, corporate law, competition law

Constitutional, administrative and criminal

 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

1 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

3 Tort law: G)The branch of law regulating the compensation liability arising from civil relation when no contract has been concluded between the parties

4 Plaintiff: H) The party or individual bringing the case tocourt in a civil lawsuit

5 Legal sanction: F)penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations

6 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

7 Sue: (N) to initiate a lawsuit or continue a legal proceeding for the recovery of a right or to bring action against particular party

8 Decree: (I)a legal document in which the drafter outlines

what to do with his property after his death.

9 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

1 Can be a/ a “company”/ limited liability company/ or partnership/ joint stock company => 2,1,3,5,4

2 Limited liability company/ a limited liability company/ limited liability company/ can be a siger – member/ or multiple member => 2,4,1,5,3

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

5 They have to pay an amount of money as a punishment for breaking a law

6 International law refers to laws governing the conducts of independent nations with each another in their relationships

7 Testimonial evidence does not require foundation evidence for its admissibility as a prerequisite

8 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 1 to 3 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 secretary: company’s chief administrative officer, whose responsibilities include accounting administration and compliance with employment legislation, security of documentation insurance and

 Comple these phrases with the prepositions

a) First, I’ll startby 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 goon to outline what we have to offer to new associates.

d) Ok, let me just startby introducing myself.

e) Finally, I’ll also talk a little about what we expect from our potential

graduate recruits

f) Hello, everyone, and thanksfor coming along.

 Task: translate into English

- Hợp đồng dịch vụ được thể hiện bằng lời nói, bằng văn bản hoặc được xác lập bằng 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 được thành lập văn bản thì phải luôn theo các quy định đó

 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 và các bên tham gia hoạt động cung ứng dịch vụ đáp ứng đầy đủ điều kiện của 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 và bên cho vay trong hợp đồng sau đây gọi chung là “các bên”

và gọi riêng là “bên”

 The lessor, the lessee and CTP property hereinafter collectively referred to as the “parties” and individually to as the “party”

- Trên cơ sở cân nhắc những thỏa thuận được ghi trong hợp đồng này, các bên tham gia hợp đồng đồng ý với các điều khoản sau đây:

 Hereto: in consideration of the mutual covenants herein contained, the parties hereto/hereby agree as follows:

- Hiệu lực của hợp đồng này sẽ phụ thuộc vào sự chấp thuận của hội đồng quản trị của các bên trong hợp đồng này

 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 sự bị xâm phạm được bồi thường toàn

bộ thiệt hại, , trừ trường hợp các bên có thỏa thuận khác hoặc 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 quyết yêu cầu bảo vệ quyền dân sự, tòa án hoặc cơ quan có thẩm quyền khác có quyền hủy quyết định cá biệt trái pháp luật của cơ 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).

1 Commission: payment to someone who sells goods which is directly to the amount of good sold

2 Intermediary: someone who caries messages between people who are unable to meet

3 A ‘no cure, no pay’ basis: when payment is only made following a positive result

4 Goodwill: the benefit a business gets from having a good reputation

 Match the roles (1-10) with their definitions (a-j)

1 Auditor: person appointed by the company to examine the company’s accounts and to report to the shareholders annually on the accounts

2 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

3 Director: person elected by the shareholders to manage the company and decide its general policy

4 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

6 Official receiver: officer of the court who commonly acts as a liquidator

of a company being wound up by the court

7 Promoter: person engaged in developing or taking the initiative to form a company(…)

8 Proxy: person appointed by a shareholder to attend and vote at a meeting

in his/her place when the shareholder is unable to attend

9 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

authority.

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.

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

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

CONTRACT

A contract is an understanding