Speaking LAW

CIVIL PROCESS
Civil procedures /prəˈsiː.dʒɚ/ require considerable time, and the process can be expensive. Over 95
percent of civil (and criminal) cases are settled before reaching the trial stage. Many of the strategies and
procedures used in civil trials are also used in criminal trials, although the rules vary /ˈver.i/. These
procedures include discovery, motions, jury selection, questioning of witnesses in court by opposing
attorneys, judge’s instructions to a jury, verdict /ˈvɝː.dɪkt/, post-trial motions and many more.
In almost every civil lawsuit, there will be a prevailing (winning) party and a defeated (losing) party.
Judgment against the losing party (whether it is the person who filed the claim or the person against
whom the claim was made) generally means he or she will be adversely /ædˈvɝːs.li/ affected.
It is worth to know that the prosecuting /ˈprɑː.sə.kjuːt/ party (the one filing a complaint or lawsuit or
petition) is referred to as a ‘‘plaintiff’’ or ‘‘petitioner /pəˈtɪʃ.ən.ɚ/’’ or ‘‘complainant /kəmˈpleɪ.nənt/’’
(depending upon the court and the nature of the matter), while the opposing party is referred to as a
‘‘defendant’’ or ‘‘respondent’’.
Now I want to talk about the steps of civil procedures. This is divided into two categories: steps before
the lawsuit begins and during the lawsuit.
Before the legal suit begins, attorneys will be hired by both parties who will assist throughout the
litigation process. During the pre-suit litigation stage, an attorney might draft a demand letter on the
client’s behalf to the other party.
Next comes the investigation phase. The parties, with the assistance from the attorneys, will conduct
extensive investigations into the facts and issues of the dispute /dɪˈspjuːt/.
Then there are negotiations between the parties in person with all parties involved and attorneys. This will
not take place in court, but in an environment convenient for both parties. This phase will also include
alternative dispute resolution, a method used to try to find a solution without going to court.
When the parties can’t come to an agreement, a lawsuit must be commenced.
It must be commenced within the limitation period provided by law. Lawsuits not filed within the period
of the applicable statute of limitations will be dismissed.
Following the filing of all initial pleadings /ˈpliː.dɪŋ/, there begins a period of ‘‘discovery’’ which
enables each party to learn of evidence held by opposing or other parties to the pending action. Discovery
is accomplished by means of subpoenas /səˈpiː.nə/; requests for inspection of documents, photographs,
recordings, or other items of evidence; the taking of testimony /ˈtes.tə.moʊ.ni of witnesses (usually by
deposition); written interrogatories(інтерогетріс) (questions that must be answered under oath /oʊθ/); and
often, visitation to sites, premises, or geographic locations relevant to the case.
At the close of discovery, parties are encouraged to review evidence and attempt to settle the case. If no
viable settlement results, the case will move on to the trial stage.
In both federal and state courts, a party may appeal only final orders, decisions, or judgments. After the
entry of a final order, decision, or judgment, there are strict procedural /prəˈsiː.dʒɚ.əl/ deadlines as to the
number of days within which an appeal must be filed. An order of a court will not be reversed unless the
appellant /əˈpel.ənt/ can show that either the order was clearly contrary to law or that the judge abused his
or her discretion
 TAXATION
Collecting taxes and fees is a fundamental way for countries to generate public revenues that
make it possible to finance investments in human capital, infrastructure, and the provision of
services for citizens and businesses.
The ways that governments can raise revenue include: 1) charging fees for rendering services or
granting licences 2) imposing fines for breaches of the law, and 3) generating returns from their
assets and investments.
Taxpayers are compelled by law to pay taxes and are obliged to do so even though they may not
necessarily receive any direct benefits in return.
The most important and widely imposed modern tax is income tax. As its name suggests, income
tax is a tax on income (ie earnings).
In addition to income tax, most countries also impose some form of consumption tax. A
consumption tax is a tax whose economic incidence falls on the consumer (eg through the
increased cost of goods or services). It is the antithesis /ænˈtɪθəsɪs/ of income tax, as it taxes
consumption rather than earnings.
The most widely encountered consumption tax is value added tax (VAT). VAT may be
contrasted with sales tax, which is a much older and more traditional form of consumption tax.
Sales tax is imposed on the sale of goods and is payable by the seller, who adds the tax to the
price charged for the goods so that the burden of the tax is ultimately passed on to the purchaser.
A broad range of other kinds of taxes is also levied around the world. For example, many
countries impose customs duties (on the importation and exportation of goods) and excise
duties (on the production and manufacture of goods).
It is also common for countries to levy land taxes (on the ownership of real estate) and estate
duties (on the assets of deceased /dɪˈsiːst/ estates). These taxes are really forms of wealth taxes
as they are levied on the value of a person’s property. There are also several kinds of
employment taxes, including payroll taxes (on the payment of wages). In addition, there are
many varieties /vəˈraɪəti of transactional taxes, such as stamp duties (on the execution of
certain documents), gambling taxes (on betting at casinos, races and lotteries), financial taxes
(on deposits and withdrawals to and from bank accounts) and bed taxes (on accommodation
provided in hotels).
So after all that has been said, it follows that citizens of any country should pay taxes because it
is in their own interests. Governments use revenue raised from taxes to fund the public service
and defence force, to provide a legal system and law enforcement, to construct roads and
airports, to run hospitals and education institutions, and to pay social security benefits.

INSUARANCE
 Simply put, insurance is a financial contract between one entity (the policyholder) and
another (the insurer). In most cases, the policyholder is a person (you) and the insurer is your
insurance company. The insurer agrees to pay a certain amount if or when the policyholder
experiences a type of loss specifically named in the policy.
There are two primary types of insurance, 1) property and casualty insurance, and 2) health
and life insurance. In property insurance, the losses you can sustain that a provider includes in
a policy are sometimes called covered perils. What’s covered by your insurer varies by policy
and coverage type.
For car insurance, a loss can be damaging your car in an auto accident. For homeowners
insurance, a qualifying loss could be a hurricane ripping all the shingles off your roof. For
health insurance, doctor visits and surgeries could be considered covered losses.
most insurance companies will only cover losses specified in your insurance policy. For this
reason, it’s important to understand the fine print of your policy before filing a claim with
your provider.
A claim is a document you send to your insurance provider after you experience a loss to begin
the reimbursement process. If your loss is covered, your insurer should accept your claim and
begin the process of reviewing the damage you’ve stated to determine the final payout. For
property insurance claims, the company may send an adjuster to inspect your house or car to
better understand the situation and what the insurance company should do to help. Furthermore,
carriers usually have limits for amounts they will pay for certain types of damage. Typically,
the higher your limits, the more you pay for insurance.
To stay covered under the insurance policy, the policyholder is responsible for a premium. A
premium is what your insurance payments are called. They’re typically due monthly, quarterly,
or yearly.
Your insurer determines how much you pay through a process called underwriting. When
underwriting, the insurance company uses a variety of factors (usually including your credit
score, claims history, age, amount of coverage you want, and your location) to determine the
likelihood of risk they’re taking on. The higher the chance that you might suffer a loss (file a
claim), the higher your premium might be.
Should you experience a loss covered under your policy, you’re usually required to pay a
deductible before the insurer will step in and cover the remaining cost of your loss. For
example, if you experience a sudden electrical fire that causes $5,000 worth of damage, and
you’ve got a $500 deductible, you’d receive $4,500 from the insurer. You’ll have to pay the
$500 so your insurer can pick up the rest of the bill.
Even though the concept of insurance is largely the same for all carriers, the customer service,
claims handling, and underwriting procedures vary by company. Not all insurers calculate risk
the same way, which is why insurance premiums vary by insurer for similar coverage. This is
why it’s crucial to shop around for insurance.

CONTRACT LAW VS TORT LAW

Contract law is a branch of civil law that deals with agreements between parties. It governs the
formation, performance, and enforcement of contracts. A contract is a legally binding /ˈbaɪndɪŋ/
agreement between two or more parties that outlines their rights and obligations. These
agreements can cover a wide range of transactions and relationships, from buying and selling
goods and services to employment contracts, leases /liːses/, and more.
Thus, a legally valid, enforceable contract has been created if there is: a valid offer; a valid
acceptance of the offer; and an exchange of some form of consideration. If either party breaches
the contract, i.e., fails to perform their obligation as stated in the contract, the other parties can
sue for breach of contract.
Tort law is a branch of civil law that deals with civil wrongs or injuries caused by one party's
wrongful actions to another. It provides a legal basis for individuals to seek compensation for
harm they've suffered due to someone else's negligence, intentional misconduct, or strict
liability. Tort law covers a wide range of cases, including personal injury, property damage, and
defamation.
One significant difference between contract law and tort law involves the issue of consent and
agreement. As noted above, in order to recover in contract law, the injured party must show that
they are a party to a valid contract, and that the breaching party has failed to perform as
promised in the contract.
In tort law, however, the parties are often not known to each other. For example, in a medical
malpractice situation, the patient and the doctor probably know each other, but in an auto
accident, the parties are not known to each other. Still the law says that as drivers on a public
roadway, they owe each other a duty of care, just as the doctor owes a duty of care to the patient
in the medical malpractice situation. But this duty of care is not dependent on any agreement
between the parties. Rather, it is imposed by law.
In contract law, the duty violated derives from the contract which the parties entered into freely
and the duty is only owed by the parties to the contract to each other. Damages in tort law are
limited to monetary awards, for lost wages, the cost of medical care, pain and suffering, to
compensate for damage to property, and sometimes punitive /ˈpjuː.nə.t̬ ɪv/ damages. Damages
for breach of contract can be a monetary award. If the facts warrant it, a court can order that the
contract be performed as agreed; this is called “specific performance.” Or the court might order
recission of the contract, which is basically cancellation of the contract.