Category Archives: LEGAL ENGLISH TUTORIAL

LEGAL ENGLISH TUTORIAL: Understanding Contract Clauses

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💥TOPICS FOR OUR LEGAL ENGLISH COURSES

💥What Is a Contract Clause?
A contract clause is a section in a legally enforceable contract that contains terms and conditions and important provisions of the legal agreement. In general, contracts are made up of many different contract clauses, all of which serve a different purpose. Together, these contract clauses form a legally binding contract for the parties to sign.

⚡️Here is a contract clauses guide to learn about different clauses.

💥Purpose of a Contract Clause
A clause dictates the terms of the contract through specific provisions and conditions. Contracts often contain boilerplate clauses or standard clauses found across most contracts. These standard clauses do not require a lot of negotiation. Sometimes contracts can also contain very specific clauses that are aligned with a specific case or term of the deal.

💥Clauses in a contract are important for laying out certain conditions under which parties agree to the terms of the contract. They also can provide direction on how the contract will be enforced under different conditions or events. For instance, if your employment contract contains a clause to keep information about the company confidential, the employee would be required to keep all proprietary information a secret. You should carefully read clauses before proceeding to the contract signing step.

💥Check out our video: https://www.youtube.com/watch?v=Cb859nGwFP4&list=PLFkPjmKMw3g4hbgpDBz0-4aOtbEq6oGKd&index=6.

LEGAL ENGLISH TUTORIAL: Top 50 Legal Terms You Need to Know

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LEGAL ENGLISH TUTORIAL: Top 50 Legal Terms You Need to Know

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💥Top 50 Legal Terms You Need to Know: A Beginner’s Guide to Understanding Courtroom Terms

💥TOPICS FOR OUR LEGAL ENGLISH COURSES

💥Pre-trial legal terms
While the trial may be considered the main event to casual observers, true court enthusiasts know there’s a lot that needs to happen before we even make it to trial. From the gathering of evidence and interviewing of witnesses to the official laws and processes that must be followed, the following courtroom terms are ones you’ll typically hear in reference to the pre-trial period of a case.

⚡️Arraignment: The proceeding in which a defendant is brought to court, informed of the charges and asked to plead guilty or not guilty is called an arraignment.

⚡️Bench warrant: A bench warrant is a warrant issued by a judge commanding someone to appear in court based on their failure to obey a court order.

⚡️Cause of action: The cause of action refers to the reason for which a plaintiff has filed a complaint or suit against someone.

⚡️Deposition: A deposition is the testimony of a witness other than in open court—often in the form of an oral statement made before an officer who is authorized to administer oaths.

✨Check out our video for more courtroom terms: https://www.youtube.com/watch?v=Ads631zUTVY.

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LEGAL ENGLISH TUTORIAL: Opening Statement

LEGAL ENGLISH TUTORIAL: Cramdown

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💥What Is a Cramdown?

💥TOPICS FOR OUR LEGAL ENGLISH COURSES (INSOLVENCY)

💥A cramdown is the imposition of a bankruptcy reorganization plan by a court despite any objections by certain classes of creditors. A cramdown is often utilized as a part of the Chapter 13 bankruptcy filing and involves the debtor changing the terms of a contract with a creditor with the help of the court. This provision reduces the amount owed to the creditor to reflect the fair market value of the collateral that was used to secure the original debt.

💥A cramdown provision (also known as “cram-down”) is primarily used on certain secured debts, such as a car or furniture. Cramdowns are not permitted on mortgages for homes that serve as a primary residence.

💥Outlined in Section 1129(b) of the Bankruptcy Code, the cramdown provision allows a bankruptcy court to ignore the objections of a secured creditor and approve a debtor’s reorganization plan as long as it is “fair and equitable.”

✨If you liked this tutorial, you might read LEGAL ENGLISH TUTORIAL: How to Prepare a Statement of Defense.

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……………………………..
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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!

✨PS: If you want to work with me, book a preliminary free session, or ask me a question, please leave a comment. Thank you!
✨Read more about me: https://blog.seocopywriting.ro/2024/11/23/about-me/.

LEGAL ENGLISH TUTORIAL: Debtor-in-Possession (DIP) Financing

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💥What Is Debtor-in-Possession (DIP) Financing?

💥TOPICS FOR OUR LEGAL ENGLISH COURSES (INSOLVENCY)

⚡️Debtor-in-possession (DIP) financing allows companies that have filed for bankruptcy protection under Chapter 11 to borrow capital to restructure and continue trading. DIP loans usually have priority over existing debt, equity, and other claims and are facilitated in the hope that the distressed company, with a new cash injection, can save itself, begin making money again, and pay off all its debts.

⚡️Debtor-in-possession (DIP) financing is financing for firms in Chapter 11 bankruptcy that allows them to continue operating.
Lenders of DIP financing take a senior position on liens of the firm’s assets, ahead of previous lenders.
Lenders permit DIP financing, as it allows a firm to continue operations, reorganize, and eventually pay off debts.
Term loans are the most common type of financing provided, whereas historically it used to be revolving loans.
Interest costs on this type of financing tend to be high.

If you liked this tutorial, you might read LEGAL ENGLISH TUTORIAL: How to Prepare a Statement of Defense.

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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!

✨PS: If you want to work with me, book a preliminary free session, or ask me a question, please leave a comment. Thank you!
✨Read more about me: https://blog.seocopywriting.ro/2024/11/23/about-me/.

LEGAL ENGLISH TUTORIAL: Opening Statement

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Overview
The opening statement is a lawyer’s first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

Purpose
Opening statements are intended to give the jury a preview of the case. An opening statement describes the parties, outlines the nature of the issue in dispute , presents a concise overview of the facts and evidence so that the jury can better understand the overall case, frames the evidence in a way that is favorable to the counsel’s theory of the case, and outlines what the counsel expects to prove.

While a good opening statement is persuasive, it should not argue the facts of the case or ask the jury to make any inferences or judgments.

Waiver
A party may elect to waive their right to make an opening statement, but that generally does not preclude the opposing party from making an opening statement.

The defense may choose not to make an opening statement so that they do not lock themselves into one theory for acquittal , which affords them the flexibility to pursue an affirmative defense or rely on the inadequacy of the opposing party’s evidence to meet the burden of proof.

If you liked this tutorial, you might read LEGAL ENGLISH TUTORIAL: How to Prepare a Statement of Defense.

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……………………………..
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💥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!

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LEGAL ENGLISH TUTORIAL: Liquidated Damages

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💥TOPICS FOR OUR LEGAL ENGLISH COURSES

✨What Are Liquidated Damages?
⚡️Liquidated damages (LDs) are a sum of money specified in some contracts that are to be paid by one party to another as compensation for intangible losses. Liquidated damages are to be paid only if one of the parties to the contract is found to be in breach of contract.

⚡️The liquidated damages clause covers events such as a missed deadline or a leaked company secret. The damage is real but a precise dollar loss is difficult to pin down. Instead, both parties to the contract settle on a number that reflects the importance of meeting the terms of the contract.

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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!

✨PS: If you want to work with me, book a preliminary free session, or ask me a question, please leave a comment. Thank you!

LEGAL ENGLISH TUTORIAL: Chattel

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🔔TOPICS FOR OUR COURSES

💥What Is Chattel?
🔔Chattel is personal property that is movable between locations, as opposed to real property, which has a fixed location. Common examples include mobile homes, furniture, and automobiles. This article explains what chattel is and how it is used as security in chattel mortgages.

🔔In the legal and financial world, chattel refers to movable personal property. Chattel’s value can drop rapidly due to depreciation, as is often seen with new cars, and typically does not increase with improvements or renovations.

🔔For these reasons, chattel property is treated differently from real estate for tax and accounting purposes.

🔔Additionally, legal systems treat the rights to chattel property differently from the rights to real property. The rights to real property typically have longer statutes of limitations and are harder to overturn.

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Read more about my courses in this article: Only English In The Classroom?.

LEGAL ENGLISH TUTORIAL: How to Prepare a Statement of Defense

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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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✨Hi, I am Iulia,
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💥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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LEGAL ENGLISH TUTORIAL: Difference between adversarial and inquisitorial systems

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