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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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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.

Learn more in class!
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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!

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TOPICS FOR OUR LEGAL ENGLISH COURSES: Moral Hazard

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What Is Moral Hazard?

Moral hazard is the risk that a party has not entered into a contract in good faith or has provided misleading information about its assets, liabilities, or credit capacity. In addition, moral hazard also may mean a party has an incentive to take unusual risks in a desperate attempt to earn a profit before the contract settles.

Moral hazards can be present anytime two parties come into agreement with one another. Each party in a contract may have the opportunity to gain from acting contrary to the principles laid out by the agreement.

Anytime a party in an agreement does not have to suffer the potential consequences of a risk, the likelihood of a moral hazard increases.
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Check out other legal English topics: https://blog.seocopywriting.ro/2025/01/15/topics-for-our-legal-english-courses-opening-statements/
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LEGAL ENGLISH TUTORIAL: Understanding Contract Clauses

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

https://www.youtube.com/watch?v=Cb859nGwFP4

⚡️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.
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LEGAL ENGLISH: WHAT DOES A CONTRACT DO?

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A contract establishes the terms of the parties’ relationship. It reflects their agreement as to the rules that will govern their transaction.

The rules generally include:
➡️the statements of facts that each party made that induced the other to enter the transaction;
➡️each party’s promises as to its future performance;
➡️each party’s rights;
➡️the events that must occur before each party is obligated to perform;
➡️each party’s discretionary authority;
➡️how the contract will end, including the events that constitute breach and the remedies for breach;
and
➡️the general policies that govern the parties’ relationship.

✨These rules are the parties’ private laws, which the courts will enforce, subject to public policy exceptions found in statutes and common law. Indeed, commentators speak of contracts as private law. They also refer to them as planning documents. Unlike litigation, which looks back in time, contracts look forward to the parties’ future relationship and reflect their joint plans.

✨A contract also helps the parties to problem solve. Often parties will have the same goal but differ as to how to resolve a specific business issue.

✨A well-written contract can bridge this difference, giving each party enough of what it needs to agree to the contract.

To be continued!
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What is the difference between Tax and Duty?

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✨A question emerged at one of our legal English courses:

What is the difference between Tax and Duty?

➡️Tax is a mandatory obligation payable to the government levied on income, wealth, services, sales etc.

➡️Duty is a fee charged by the government on manufacture and import / export of goods levied on goods and financial transactions.

Duty Tax on Imports and Exports: Meaning and Examples

➡️A duty is a tax levied on certain goods, services, or other transactions. Governments commonly impose customs duties and other taxes on imports and exports. Duties, which are a form of revenue, are enforceable by law and may be imposed on commodities or financial transactions instead of individuals. The term duty also refers to the responsibilities held by an individual, especially someone in a position of power.

➡️A duty is a form of taxation levied on certain goods, services, or other transactions that are imported and exported

➡️Duty rates are a percentage determined by the total value of the goods paid for in another country.

➡️Duties provide a form of commerce protection for jobs, the economy, the environment, and other interests by controlling the influx and outflow of merchandise.

➡️A duty may also be someone’s moral or fiduciary responsibility.

➡️Governments impose taxes on individuals and companies that make or receive shipments internationally. These levies must be paid before delivery can be made. These levies are called customs or import duties. These are tariffs or taxes imposed on goods transported across international borders.

➡️Customs duty rates are a percentage determined by the total value of the goods paid for in another country. The quality, size, or weight of the product are not determining factors.1 The Harmonized Tariff System of the United States is used domestically as a reference for applicable tariffs on merchandise imported to the country.2

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Check out our video for more: https://www.youtube.com/watch?v=KcjB5vBH4ec&t=3s

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LEGAL ENGLISH: What is a covenant?

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✨ Quora answers ✨

In its broadest sense, a covenant is a promise, agreement, or contract between two parties. As part of the covenant, the two parties agree that certain activities will or will not be carried out.

Covenants in finance most often relate to terms in a financial contract, such as a loan document or bond issue stating the limits at which the borrower can further lend. Covenants in religion often convey the binding relationship between a deity and humanity.

➡️Covenants are agreements between multiple parties that create a legally binding agreement on how each party is to perform.
➡️Covenants can either promote activity to occur (positive covenant) or disallow an event or condition (negative covenant).
➡️Debt covenants are most common, as they place financial covenants on the borrower and lender as part of the loan agreement.
➡️Covenants are legally binding clauses, and if breached will trigger compensatory or other legal action.
➡️Many sectors like finance, real estate, law, and religion have covenants, though it is used in many different contexts across each group.

Regarding business, covenants are most often represented in terms of financial ratios that must be maintained, such as a maximum debt-to-asset ratio or other such ratios. They cover various aspects, from minimum dividend payments to working capital levels. If a covenant is broken, the lender can call back the obligation or reduce risk. There are two primary types: affirmative and negative covenants, and a third type, financial covenants, sometimes separated into its own category.

Types of Covenants
Different industries and sectors have different types of covenants. In general, it’s pretty common to see both positive and negative covenants across different industries.
➡️Debt Covenants
➡️Property Covenants
➡️Law Covenants
➡️Religious Covenants

Check out our video: https://www.youtube.com/watch?v=zPV_97cGVNs&t=9s

Read more about Implied Terms In A Contract: https://blog.seocopywriting.ro/2024/11/08/what-are-implied-terms-of-the-contract-and-its-examples/

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