Lesson Structure:  Legal Terminology BWR108

There are 8 lessons:

1. Scope and Nature of Legal Terminology
   • Codification
   • Origin of legal words
   • Development of Legal Language
   • The Role of Latin in the Development of Legal Language and Law
   • Common legal language
   • Sources of law
   • Broad Categories of Law
   • Substantive Vs Procedural Law
   • Private vs. Public Law
   • Civil vs. Common Law
   • Types of Law Administrative Law,
   • Adversarial (Accusatorial Law)
   • Civil Law
   • Constitutional Law
   • Continental Law
   • Contract Law
   • Common Law (English Law)
   • Criminal or Penal Law
   • Intellectual Property Law
   • International Law
   • Inquisitorial Law
   • Islamic Law
   • Property Law
   • Public Law
   • Roman Law
   • Socialist Law
   • Statute Law
   • Tort Law
   • Trust Law
   • Separation of Powers (Judicial, Legislative, Executive)
   • Essential Features of the Westminster System
   • Common legal terms.
2. The Legal Workplace
   • People & Processes
   • Types of Lawyers: Attorney (or Advocate)
   • Barrister Vs Solicitor
   • Criminal Defense Lawyers
   • Corporate Lawyers
   • Bankruptcy Lawyers
   • Civil Lawyers
   • Other specialisations
   • Court Solicitors
   • Barristers
   • Court Agents
   • Paralegal Professionals
   • Law courts
   • Role of courts
   • Jurisdiction
   • Judicial Immunity
   • General jurisdiction
   • Limited (bounded or special) jurisdiction
   • Criminal jurisdiction
   • Monetary jurisdiction
   • Original jurisdiction
   • Intermediate Jurisdiction
   • Appellate jurisdiction
   • Ancillary jurisdiction
   • Concurrent jurisdiction
   • Exclusive jurisdiction
   • Pendent jurisdiction
   • Subject matter jurisdiction
   • Levels of Courts
   • Appellate Court
   • Civil Court
   • Constitutional Court
   • Article Courts
   • Circuit Courts
   • County Court
   • Court of Assize
   • Court of Equity
   • Court of Record
   • District Court
   • Family Court
   • Federal Court
   • Full Court: (or full bench)
   • Privy Council
   • International Court of Justice
   • International Criminal Court
   • Juvenile Court
   • Magistrate’s Court
   • Open Court
   • Probate Court
   • Small Claims Court
   • Superior Court
   • Supreme Court
   • English Court Structure
   • Dispute Resolution
3. Legal Systems
   • Australia, UK, International Law etc.
   • Common law legal systems
   • Civil law
   • Codification of law
   • Separation of powers
   • Australian law system
   • International law, etc.
4. Contract & Business Law
   • Nature of Contract
   • Unilateral contracts
   • Bilateral contracts
   • Classes of contract
   • Formal Contracts
   • Simple contracts
   • Validity and enforceability
   • Agreement
   • Rules as to offer
   • Rules as to acceptance of an offer
   • Revocation of an offer
   • Rules as to rejection of an offer
   • Rules as to lapse of an offer
   • Intention to Create Legal Relations
   • Consideration
   • Rules relating to consideration
   • Lawful Object
   • Capacity to Contract
   • Discharge and Conclusion of Contract
   • Formation of Simple Contract
5. Property Law
   • Real Property
   • Personal Property
   • Conveyancing
   • England and Wales, Scotland, USA, Australia
   • Intellectual Property
   • Patent, Trademarks, Copyright, Design patent
   • Confidential information (trade secrets)
   • Related terminology
6. Wills, Probate, Estate Law
   • Estate
   • Wills
   • Heirs
   • Inheritance
   • Beneficiaries
   • Probate
   • Will Requirements (Testamentary intent, Testamentary capacity, Lack of duress, Absence of undue influence, Witnesses)
   • Trusts
   • Related terminology
7. Criminal Law
   • Social construction
   • History of punishment
   • Reasons for Punishment (Rehabilitation, Deterrence/Prevention, Protection of Society/Incapacitation, Restoration, Retribution, Education)
   • USA – Criminal Law or Penal Law
   • Australian Criminal Law
   • Canadian Criminal Law
   • Tort Law
   • Classification of Torts (Intentional Tort, Unintentional Tort)
   • Purpose of Tort Law (Compensation for Damages, Financial Responsibility, Deterrence, Avoiding self-help)
   • Negligence
   • Statutory Torts
   • Nuisance
   • Defamation
   • Intentional Torts
   • Economic Torts
   • Duty of Care
   • Breach of Confidence
   • Causation
   • Related terms
8. Other Categories
   • Family Law (Decree nisi, De facto marriage, Equitable adoption, Adoption by estoppels, Interlocutory decree, Judgement nisi, etc)
   • Civil Actions
   • Bankruptcy
   • Insurance Law
   • Accidents Compensation
   • Related terminology.

Learning Goals: Legal Terminology BWR108

• Explain the scope and nature of terminology used in law and allied professions.
• Identify and describe legal occupations and roles
• Compare and contrast different Legal Systems worldwide and discuss the role of International Law
• Explain the meaning of Business Law and describe the processes involved in the formation of simple contracts
• Explain the meaning of property law and its processes.
• Research and explain common terms and processes related to wills, probate, estate law and Trusts.
• Investigate and describe the meaning of terms and processes associated with Criminal Law and Torts (Civil Law)
• Describe and investigate legal terminology associated with the areas of Family Law, Bankruptcy, Insurance, and Accident Compensation

LEGAL WORDS and THEIR ORIGINS

The language of law differs from most other role-specific languages in that legal language is culture-bound and intertwined with each specific society and its legal system. 

Legal language is not a universal language such as is the case of the language of natural science – which is an almost universal language utilised by scientists worldwide. 

Legal language is developed in laws or sentences, in administrative acts or in private negotiations, and it is always based in the dialectical relationship between being and having to be, between legal prescription and concrete case. 

While retaining its fundamental characteristics it has diversity of styles and of environments.

HOW LEGAL LANGUAGE EVOLVED

The Role of Latin in the Development of Legal Language and Law

For many centuries, Latin has been used as the common legal language or lingua franca which was applied across the boundaries of local law. Its influence on the development of other languages began during the Roman conquests. 

The Romans left their imprint on the vocabulary and the syntactic rules of literary language and influenced the structure of legal systems throughout the Roman Empire. 

Throughout the Middle-Ages, the Renaissance, and the Reformation, Latin was used as the language of the church, education, and scientific realms. Communication between states and nations was conducted in Latin, as was the correspondence of intellectuals and scholars. 

The importance of Latin as a legal language may be traced back to 450–451 BC, when the Twelve Tables were created, forming the basis of the subsequent development of Roman law.

A Common Legal Language

Because Legal languages are dependent on the legal systems and cultures to which they belong, problems often arise between lawyers of different countries who are hindered by language barriers. 

To avoid the linguistic unfairness and constant problems with legal translations, Latin is often seen as an ideal language to be used as a ‘trans-linguistic’ instrument for communication. 

Mutual understanding is thought to be achievable, irrespective of the linguistic and cultural differences of the communicators, if Latin is used to provide a common ground. 

The use of Latin terms and phrases in legal literature and in legal discourse has apparently increased over recent years, particularly in European countries.

A word of caution: As most of the legal terms and phrases in Latin were adopted more than two thousand years ago, quite often their meaning has changed over the centuries. In some cases, this has meant that Latin terms may have different meanings under different systems of law. 

FREQUENTLY ASKED QUESTIONS

Here is a list of the most often asked FAQ’s.

General

Q. Why should I enrol with the Academy for Distance Learning?
A. Here at ADL, our students are our priority – we treat everyone as a unique individual.

Q. Do I need to buy text books?
A. No, as each module has been written by highly qualified industry professionals. The content of the material is presented in such a way that text books are not required. However, if you require additional reading your tutor will be able to supply a list.

Q. What happens if I have to stop studying for a while? (eg. become sick, go on holidays, have a baby, move house, etc)
A. It’s OK to take a break and start up your study at a later point in time. Just let us know.

Q. Is there an age limit?
A. There is no maximum age limit. We do however, have a minimum age limit of 18 years. Below that age parental consent would be required.

Q. Are your courses up-to date?
A. Our courses are revised and updated on a rotation system.

Q. Do you have a Cancellation policy?
A. Yes. We have a cancellation policy that is fair and equitable. For further details please click here.

Q. Will I have any opportunity to engage with other students?
A. We have a Student Community group based on facebook! If you don’t have a facebook account already, you could make one just for talking with fellow students on the group.

Enrolment

Q. When can I enrol/start?
A. You may enrol and start at any time of the year – it’s all self- paced.

Q. Can I study from anywhere in the world?
A. Our courses are available to anyone, anywhere in the world from the comfort of your own home. The course content is relevant to any country, culture or economy.

Q. How long do I have to complete the course?
A. You complete the course at any time that is convenient for you.

Q. Completing a 100 hour module – how long will it take?
A. For some students a 100 hour module will take approximately to 3- 6 months to complete. Others take less time and some even longer.

Assessment

Q. Assessment – how does it work?
A. For each 100 hour module you are assessed by assignments (at the end of each lesson) and a final one and a half hour exam (or you may elect to complete a Project, instead of sitting the exam) – the choice is yours – you sit for the exam in your own location.

Q. I don’t cope well with exams – what can I do?
A. You may elect to undertake a Project (set by your tutor) instead of sitting the exam. Projects are completed from your home and can usually take a couple of weeks to complete.

Q. If my assignment is not up to standard is there an opportunity to resubmit my work?
A. Yes –

Q. How many assignments do I need to complete for each module?
A. At the end of each lesson, there is an assignment – so if a course has say, 10 lessons, there would be 10 assignments.

Q. I am having difficulty attending workshops/industry meetings, what can be done?
A. If your course requires attendance at workshops, conferences, or industry meetings; alternative arrangements can be made in your country.

Qualifications

Q. Can I customize my diploma/higher qualification?

A. Not all educational institution’s certificates /diplomas meet everyone’s needs. The opportunity to Design Your Own Diploma at the Academy (subject to our approval) is an added bonus, not found at other colleges. You choose modules that you think will help you in achieving your goal.

Q. What do I get when I complete the course? Will I receive a transcript?
A. At the completion of all courses and providing all assignments and exam requirements have been met, you will receive your Award and a Transcript.

Tutors

Q. Our tutors – who are they?
A. We appoint Tutors and require that they must be currently active in their industry, with at least 5 years’ experience in their chosen profession.

Q. Can I contact my tutor at any time?
A. Yes – you have unlimited access to your tutor via email through our Online Classroom. You can always leave a message with ADL requesting your tutor to contact you. You decide on how much or how little contact you wish to have.

Q. Practical work – How is this done?
A. To find out more about this part of the course please visit the section on How Our Courses Work here.