Category Archives: LEGAL ENGLISH TUTORIAL

LEGAL ENGLISH TUTORIAL: How to Prepare a Statement of Defense

TOPICS FOR OUR LEGAL ENGLISH COURSE

💥A statement of defense is a legal document.
It is a written response that answers or replies to specific allegations that have been filed against you in a lawsuit. As the defendant, you will receive a summons in the form of a statement of complaint. To respond, you will need to obtain the proper forms from the local clerk of court. In addition to the statement of defense, you may want to collect additional materials to support your case. You have to complete everything and turn it in by the time of the hearing date.

💥Introduction
Carefully read the statement of claim. The claim is the legal document filed against you. It will articulate each of the accusations that the plaintiff is making against you. Each accusation will consist of a fact and a reason or reasons to support it. It may be worded in such a way as to make a simple denial or admission on your part difficult. Read it critically and make sure that you fully understand each point that you are responding to.

Obtain the appropriate form. You will need an answer or general denial form. You can obtain this at clerk at the court over your jurisdiction.

💥Prepare your defense. Once you have understood the format of the statement of defense, read the claim against you again and develop a general strategy. If there are witnesses who support your case, interview them and keep notes. Collect any documentation that supports your case such as correspondence, documentation and receipts.

💥Respond to each of the claims. Deny each allegation, saying it is wrong. You can also assert a legal defense. Follow paragraph by paragraph the statement of claim and make sure to answer each point. Write a short sentence in response to each paragraph. Show how your actions were not in violation of the law.

💥Critically read your statement. Once you have completed the statement, critically reflect on it. It is also good to have someone else read it as well. Is it persuasive? Have you clearly answered or responded to each of the allegations?

Sign and date your statement and turn it in at court. Make sure to meet the deadline. Deadlines vary from state to state. Some courts require a notary public.

If you liked this article please check this one about another legal English topic for our courses: LEGAL ENGLISH TUTORIAL: Difference between adversarial and inquisitorial system.

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💥Your friendly teacher of all things under the sun: legalese, business, finance, marketing, copywriting, and creative writing.
💥We can work together to craft your personalized content, polish your English-speaking skills, and secure your place in the sun.
⚡️Without excellent English, there’s no path forward!

✨Join our LEGAL ENGLISH COURSE:
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💻contact@engleza-de-afaceri.ro
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LEGAL ENGLISH TUTORIAL: Difference between adversarial and inquisitorial systems

💥Difference between adversarial and inquisitorial systems

💥Adversarial & Inquisitorial systems

⚡️An adversarial system is that where the court act as a referee between the prosecution and the defence. The whole process is a contest between two parties. As regard crime these two parties are the state & the person accused. In this process court takes a non partisan role.

⚡️An inquisitorial system is a legal system where the court is actively involved in proof of facts by taking investigating of the case. This system resolving disputes and achieving justice for individuals and society.

⚡️Distinction between adversarial and inquisitorial systems

Adversarial System / Inquisitorial System

⚡️The adversarial system aims to get the truth through the open competition between the prosecution and the defence.
The inquisitorial system is generally aims to get the truth of the matter through extensive investigation and examination of all evidence.

⚡️In an adversarial system all parties determine what witnesses they call and the nature of the evidence they give. The court overseeing the process by which evidence is given.
In an inquisitorial system the conduct of the trial is in the hands of the court. The trial judge determines what witnesses to call & order in which they are to be heard.

🔍In adversarial systems previous decisions by higher courts are binding on lower courts.
🔍There is little use of judicial precedent in inquisitorial systems. This means Judges are free to decide each case independently of previous decisions by applying the relevant statutes.

🔍In an adversarial system the rule of lawyers is active.
🔍In an inquisitorial system the rule of lawyers is passive.

⚡️The judges pronounce judgment depending on the hearing, evidence or on the basis of examination & cross-examination.

⚡️The judge plays an active rule for questioning & hearing the parties directly.

🔍In an adversarial system the rule of the judges are merely passive in nature.
🔍In an inquisitorial system the rule of the judges is very active.

🔍The case management does not depends upon the judges so the judges contribution is very low for the disposal of any case.
🔍The case management depends upon the judges so the judges contribution is very high for the disposal of any case.

🔍In an adversarial system all references are presented by the respective lawyers of both the parties.
🔍In an inquisitorial system references also presented by the judge & they play’s an active rule.

🔍In an adversarial system the hearing, evidence or examination & cross-examination done by the lawyer get priority.
🔍In an inquisitorial system documents and information about the real facts get priority.

🔍Case management is not effective under this system because the judges can not exchange views with the parties for taking any decision. So no initiative can be taken for speedy disposal of any case.
🔍Case management is effective under this system & the judges sits with the parties and can exchange views for taking any decision for speedy disposal of any case.

🔍In an adversarial system judges has discretionary power but that is not wide by the evidence.
🔍In an inquisitorial system judges have wide discretionary power.

🔍Repeated time petition (common practice) is permitted at the time of continuance of the case & the lawyer’s take the opportunity of making time petition. So delay occurs in disposal of any cases.
🔍The main object of this system is to reduce the time for disposing a case and to ensure speedy justice. Judge plays an active role in deciding time petition & may honored or reject time petition.
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✨Hi, I am Iulia,
#Englishcoach, #copywriter #editor #premiumlegalEnglishteacher #chieffairytalerofficer #jobhelper #journalist

💥Your friendly teacher of all things under the sun: legalese, business, finance, marketing, copywriting, and creative writing.
💥We can work together to craft your personalized content, polish your English-speaking skills, and secure your place in the sun.
⚡️Without excellent English, there’s no path forward!

✨Join our LEGAL ENGLISH COURSES:
📞0722841053
💻contact@cursinengleza.ro
💻contact@engleza-de-afaceri.ro
💻englezadeafaceri@gmail.com

Check out our LEGAL ENGLISH TUTORIAL: https://blog.seocopywriting.ro/2025/01/15/topics-for-our-legal-english-courses-opening-statements/