Thursday, January 23, 2014

Barrister to defend my client

I was hired as a barrister to defend Mr. Philippe who was under arrest because he was accused of a homicide. Hence upon, I had received the power of attorney ,secured a copy of the discovery file, and read it many times very deeply for the purpose of gathering all the details there that are crucial for the case, especially the plaintiff, the preliminary investigations, the prosecution, the discovery, the testimonies and the indictment. The second step was to check the data used by the plaintiff and the prosecution to assemble the case against my principal. The third step was to extract the useful acts and the conclusive evidences hereby the judges will believe beyond a reasonable doubt that my principal’s action is a self-defense. Finally, after I completed the assignments abovementioned, and with a view toward the doctrine and the jurisprudence I could prepare an important pleading which would convince the presiding judge and the councilors. on the day of the trial, I woke up early and went to the court; I dressed up my robe and made a quick review of the pleading. While waiting for the beginning of the trial, I fell a bit scared about the destiny of my principal because he was charged of a capital crime, plus he was a poor man. Beside my fears, I was worried regarding the encounter of the plaintiff’s attorney and the prosecutor who were working hard to convict my principal and charge him of capital punishment. Despite all the difficulties and the obstructions, I was relieved and proud to present my pleading, because I made a bona fide effort and I did my role by book as a defense attorney.

Sunday, January 12, 2014

Legal Phrases

Legal Phrases after the fact - after something (a crime etc.) has occurred We were told, after the fact, that the company would not pay compensation to the fire victims. an act of God - an event or accident due to natural causes for which no human is responsible and which could not have been avoided by planning ahead (a storm, an earthquake, a volcano etc.) The insurance company refused to pay the money because they said that the forest fire was an act of God. assemble a case (against someone) - gather the evidence needed to make a legal case against someone The prosecution was unable to assemble a case against the man. assume liability - accept the responsibility for paying the cost of something The business refused to assume liability for the dangerous products. at arms length - at a distance, a transaction in which each person (who is not related to you) acts in their own self-interest We purchased the property at arm's length and were not involved in any management decisions. bail (someone) out - pay a sum of money that allows someone to get out of jail while waiting for a trial The family of the accused criminal paid much money to bail him out. beyond a reasonable doubt - a legal phrase meaning that something is almost certain The judge sent the man to jail because he believed, beyond a reasonable doubt, that he had committed the crime. bona fide - "in good faith" (from Latin), without any element of dishonesty or fraud The mediator asked the two sides in the dispute to make a bona fide effort to solve the dispute. a breach of promise - the breaking of a promise which may also be a breach of contract The couple was accused of breach of promise when they broke the contract to buy the condominium. a breach of the peace - causing a disturbance, violent or disorderly behavior The man was charged with breach of the peace when he began fighting with the store clerk. break the law - fail to obey the law The woman was forced to quit her job after it was discovered that she had broken the law. build a case (against someone) - gather the evidence needed to make a legal case against someone The legal team was working hard to build a case against the suspected car thief. burden of proof - the necessity to prove a disputed fact as required by the laws of evidence The burden of proof during the trial fell on the man who had accused his employee of theft. (do something) by the book - follow all the rules when you do something Our lawyer is very good and he does everything by the book. a case of mistaken identity - incorrectly identify someone The young man was arrested in a case of mistaken identity. causing a disturbance - an offence committed by fighting/screaming/shouting/swearing or being drunk in public Several of the fans were arrested for causing a disturbance after the football game. caveat emptor - "let the buyer beware" (from Latin), a buyer of something is responsible to examine the goods that he or she has purchased Caveat emptor is a good concept to remember when you are buying a used car. to cease and desist - a legal phrase which means to stop doing something and not start again - often used in the form of a cease and desist order The woman's husband was given a cease and desist order to stop bothering her. circumstantial evidence - indirect evidence My court case was difficult to win as most of my evidence was circumstantial evidence. citizen's arrest - an arrest which may be made by somebody without a warrant when somebody commits a crime The local politician tried to make a citizen's arrest of the violent beggar. civil action - legal action that deals with private or civil matters The couple decided to take civil action over their complaints about their neighbor's dog. civil law - the area of the law which deals with civil/private matters such as violations of contracts (different from criminal law) The lawyer had much experience in civil law and almost none in criminal law. class action lawsuit - a lawsuit on behalf of a group of persons in a similar situation or who have suffered a similar wrong The workers filed a class action lawsuit against the company for damage to their health. come by (something) honestly - get something honestly The woman came by a large amount of money honestly but many people wondered where it had come from. come clean (with someone/about something) - be completely honest with someone or confess something to someone The man decided to come clean with the police and he confessed everything about the crime. commercial law - the area of law that governs commerce/trade/merchandising The lawyer has specialized in commercial law since he first became a lawyer. common law - the law that is not written in statutes but is based on custom and court decisions of the past (most often with its origin in the old unwritten law of England) Through research into previous cases of common law we were able to make a decision on how to proceed with our case. common property - real property owned by a group of tenants in a condominium or subdivision which everyone has the right to use, land that is owned by the government which everyone can use The bicycles were common property and anyone in the apartment complex could use them. community property - property belonging jointly to a married couple or acquired during their marriage The couple decided to divide some of their community property and give it to their children before they left to do volunteer work overseas.

Ghina Mawas:lawsuit

English for lawyers first Test Prepared by Ghina Mawas 1-Jane filed a lawsuit against ANF Beverages Company because she has been hospitalized for more than 15 days after drinking an orange juice made by the respondent. As a result, the prosecutor accused them for committing a harmful misdemeanor and violating the consumers’ safety. He claimed for closing the company as it has been charged a year before with a similar damage caused to a young man. The accusation was based on the following evidences: -The expert’s report depicts the fact of poisoning the plaintiff with a bacteria transferred from animals’ feces. -The investigations emphasized the existence of a bacterium in many ANF can juice found in the Cripec Restaurant where the plaintiff was lunching. -The medical report evaluated the patient’s condition as severe and dangerous and because of having an integral healthy body she could come through and avoid death. With reference to all the above evidences, a prehearing date was fixed on the 4th of January in 2014. 2-Winning the trial becomes my goal, not only because my client didn’t commit a wrongful act but because I wanted to save the reputation of the case. I have to thrive for the purpose to disclose the truth, especially that my client has been on market for more than twenty years and only in this current year she was sued for similar damages. After reviewing the case and studying the above evidences, I have proved that my client has done no wrong and it was just a mistrial. 3-Time passed quickly and the due date for presenting my evidences arrived. I built my request upon the following: -ANF was convicted in the first case for paying 100 000 $ as a remedy to Mr. John, who suffered after taking ANF juice at Tormec restaurant. Extra investigations showed that Cripec and Tormec are two restaurants that belong to the same chain. -My client proved that he used to deliver beverages to MEC head office once every three month and then stocked in their locations until served to other branches as needed. -After revealing the verdict, Consumer’s Safety Association supervised ANF for a period of time and concluded that it was abiding laws. -Poisoning is caused by the can beverages and not by the “liquid” juice. By all means, FNA are safe to drink. -In addition, my client used to deliver restaurants at their location but for Cripec and Tromec restaurants delivery was transmitted to MEC location and stocked for a while. Whereas, no investigations were done in MEC stocking location and many witnesses testified on the bad, abnormal and unhealthy ways of the stocking location. Therefore, witnesses are able to display well their points at the court. -At the end, there isn’t any conclusive evidence against my client or many evidences have led to accuse MEC Company for committing a tort in stocking their beverages. 4-Certainly my points will be successfully conveyed to the jury and judges. And this lawsuit will not only bring prosperity to my career but will also add a good reputation for me a as lawyer.

Racha :a murder crime

English for lawyer progress test : I was an attorney in a murder crime.. My mission was to defend the accused convicted of criminal act .. Actually, this mission was so difficult because it needs to find the proofs and conclusive evidences to win the case .. In facts, my client is an old man, and the event happened when he was driving his car on a stormy and rainy weather . In the meantime, a speeding car wanted to override client's car, so the car lost control, turned and crashed client's car to a tree and the driver was dead .. The victim's Family accused my client; furthermore, he was subpoenaed for investigation, and the prosecution indicted him guilty for committing this crime .. The indictment incised that if the defendant had moved his car ,the accident wouldn't happen and then there wouldn't be a crime .. I felt worried because I needed to prepare for the pretrial hearing and assembled a case that aimed at attaining the acquittal of my client because I was sure he didn’t commit any crime and he's innocent.. On the day of the verdict's pronunciation , I was ready for the confrontation because my client counted on me ,but I didn't know if I could persuade the judge according to my proofs .. The trial began, the prosecutor accused the defended and charged him with high sanctions for committing a misdemeanor as result of his negligence in driving; the plaintiff's party reclaimed that the defendant should assume liability .. I felt more comfortable during my statement when I saw the judge satisfied with the proofs that I filed before the court, it consisted of : 1- The defendant didn't have the required intent; he was driving at night slowly ,but the speed and the rain were the reasons for causing this accident and crashing the car of the defendant and the tree.. 2- The proof of speed machine confirms these remarks.. 3- The negligence issued from the speedy driver and not from the defendant who was in front.. 4- The testimonies affirmed this.. Thus, I demand the innocence for my client.. As a result, according to the statement of both parties, and the evidences filed from them, and after the deliberation.. the judge pronounced the verdict that the defendant is not guilty. I felt so proud because I saved an innocent man . I was pleading the equity and finally I've got it …

Monday, January 6, 2014

English For Lawyers Progress Assignment

CONTINUING EDUCATION PROGRAM ENGLISH FOR LAWYERS Commercial Law Intellectual Property (IP) Family Law Personal Injury, Products Liability and Medical Malpractice Labor and Employment Law Real Estate International Law or International Trade Criminal Law Part A:Using the above Word Bank, depict a situation emphasizing the significance of practice and experience in making a well-known lawyer .What type of questions would you ask the lawyer about his /her skills ? What do you expect the lawyer’s answers to be? What questions would he/she ask you about your management skills and expertise ? What might be your responses? In a pair group and in a 3-5 minute-oral presentation interview that lawyer, and then draw your final conclusions and impressions. Part B: Writing Describe a well-known lawyer. Recount the achievements ,skills and the qualities that made that very successful lawyer.

English for Lawyers Progress Test

CONTINUING EDUCATION PROGRAM ENGLISH FOR LAWYERS Progress Test Writing: Using the below Word Bank , imagine that you are a barrister defending your client. Write a paragraph in which you convey the recommendations you suggest to facilitate the smooth running of winning the case. Describe your situation in general (type of procedures , briefing ,dressing,…..), and then express your feelings and reactions just before you get into the court (the judge, plaintiff’s attorney ,prosecutor you are going to encounter , your worries and fears, your expectations …. etc. ) Word Bank litigation department litigator to sue facts fine print legal research cause of action merits