Vocabulary tasks

A Match each word or phrase on the left to the correct definition on the right.

	equity	a	legal process in which a court of law examines a case to decide whether someone is guilty of a crime
	background	b	to make addition to a law
	constitution	c	the branch of government responsible for making statutory laws
	stare decisis	d	the redress or benefit that a party asks of a court
	legislature	e	help that is provided by government for people with social problems (very poor, unemployed)
	statement	f	the circumstances, facts on events that influence, cause or explain something
	injunctive relief	g	historically in England and the United States, a parallel and independent legal system based on principles of “fair play” or equity; now merged into general court system, with responsibility for family law, injections and specific performance of contracts
	trial	h	“stand by the decision”; a requirement that a court follow its own and higher court precedent
	amend	i	a nation’s or state’s supreme set of laws, outlining the basic organization, powers, and responsibilities of the government and guaranteeing certain specified rights to the people
	social welfare	j	a formal and exact presentation of facts

B Use an appropriate word from the box to complete each sentence.

law professor relevant codify attorneys on-line services law application take precedence provisions research case law cases

Law students and lawyers from non-Anglo-American countries learn that Anglo-American 1) ______ is "case law" or "judge-made law." That's true to an extent, but in reality a significant portion of the law of the United States is 2) ______ [written in the form of statutes]. Of course, it is true that in some cases no statutory or con­stitutional 3) ______ will apply. Under those circumstances, 4) ______ must rely solely on earlier 5) ______ ("the common law") on the issue; however, constitutional provisions and statutes 6) ______ over case law.

One considerable difference that exists between common and civil law coun­tries is the amount of 7) ______ an attorney must do. Once an attorney finds the 8) ______ statutory law in a common law country, his or her research doesn't stop
there. Nor is it sufficient to read one or two explanatory commentaries written by
a 9) ______ as it might be in a civil law system.

American attorneys will search to find the 10) ______ relating to a statute before they can say they have thoroughly researched the problem. Without locating and reading the cases that explain the 11) ______ of the statute or constitutional provision, they have not even begun their research. Modern 12) ______ have made it faster and more efficient tofind cases that might be relevant, but it is still hard work.

Over to you

1 How could you characterize this case?

Bernhard Goetz shot and wounded four young men who apparently were attempting to rob him in a New York subway in 1984. He had been robbed before under similar circumstances. Discuss.

2 Name at least four general, ethical duties of an attorney.

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