Tag Archives: legal English for lawyers

LEGAL ENGLISH TUTORIAL: Liquidated Damages

💥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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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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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,
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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.
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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/

TOPICS FOR OUR LEGAL ENGLISH COURSES: Moral Hazard

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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✨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 call or write:

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TOPICS FOR OUR LEGAL ENGLISH COURSES: What is misfeasance?

💥TOPICS FOR OUR LEGAL ENGLISH COURSES

💥What is misfeasance?
Limited company directors enjoy various protections which ensure they are not personally liable for their company’s debts.

For this to work fairly, directors are legally required to adhere to legal and fiduciary duties.

Put simply, directors must act in the best interests of the company (adhering to and understanding Sections 170 – 177 of the Companies Act 2006).

💥Failing to do so could result in a misfeasance claim.

Typical misfeasance claims involve the misuse (e.g. misapplication or retention) of company money or property by a director or ex-director, violating their fiduciary duty.

💥Misfeasance and insolvency
Misfeasance is closely linked to insolvency.

When a company becomes insolvent, a liquidator is appointed. While we know that company insolvency can occur without individual fault or malpractice, the liquidator will closely scrutinise the actions of the directors in the lead up to the company’s failure.

If it is revealed that a director has failed in their fiduciary duties and committed misfeasance, the liquidator will sue the director to recover company debts.

Note: since 2015 the Small Business, Enterprise and Employment Act has given creditors and administrators the right to make misfeasance claims alongside insolvency practitioners.

💥Examples of misfeasance
Although often bundled together (and can take place concurrently), misfeasance generally concerns the misapplication of funds or company property as opposed to the more tax-focused and book-keeping elements of wrongful trading.

Four common examples are:

⚡️Hiding assets – a director might attempt to hide assets from the liquidator to reduce creditor returns and personally gain from selling the assets themselves

⚡️Taking an excessive salary – if a director takes a salary that is evidently unsustainable when a business is in financial difficulty, they may be seen to have contributed to the company’s failings

⚡️Transactions at undervalue – should a director sell company assets for less than their market value, particularly to a friend or family member, it may be deemed that they are attempting to avoid the inclusion of said assets in the liquidation process and lead to a claim of misfeasance

⚡️Preferential payments – misfeasance may also have occurred if a director repays a particular creditor ahead of other creditors (generally as a result of having made a personal guarantee).

…………………………………….
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✨PS: If you want to work with me, book a preliminary free session, or ask me a question, please include a note in your connection request.

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LEGAL ENGLISH TUTORIAL: Understanding Contract Clauses

⚡️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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✨Hi, I am Iulia,
#Englishcoach, #copywriter #editor #proofreader #chieffairytalerofficer #jobhelper #journalist

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LEGAL ENGLISH: WHAT DOES A CONTRACT DO?

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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LEGAL ENGLISH: What is a covenant?

✨ 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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