Tag Archives: Legal English vocabulary

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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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

💥Your friendly teacher of all things under the sun: legalese, business, finance, marketing, copywriting, and creative writing.
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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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