TAPL2
TAPL2
- CONTRACT LAW
- TORT LAW
- CRIMINAL LAW
- COMPANY LAW
UNIT 1. CAREER IN LAW
Discuss these questions
1. How long does it take to complete a law degree in your country?
- Normally 4yrs.
2. What are the core (compulsory) subjects which all students must take?
- Constitutional, criminal, civil, philosophy, administrative
3. Which subjects would be part of the core course in every country?
- Constitutional, criminal, civil, administrative
4. What are the job opportunities available for law graduates?
- Lawyer, judge, clerk in court (court registrar), legal advisor, politician, procurator, notary
public (công chứng viên), legal executive, civil servant (công chức), arbitrator (hòa giải
viên), in-house council (pháp chế doanh nghiệp,…
Reading 1. A career in law
I. Read the text and answer the questions?
1. Criminal law, contract law, tort law, land law, equity and trusts, administrative law,
constitutional law
*equity=fairness
*equity and trusts law: luật công bằng và tín thác
trustor
beneficiary trustee
Strict liability: trách nhiệm tuyệt đối chỉ cần có hành vi như vậy thì chắc chắn sẽ phải
chịu trách nhiệm, không cần biết có lỗi hay không.
Lying under oath: khai man trước tòa
Cross-examine: đối chất
Terminology: ~ legal words
Legalese: những từ chỉ người trong giới sử dụng
Listening 1: Law courses
1. P
2. P
3. H/P
4. H/P
5. H/P
6. P
Speaking 2: Learning approaches
1. Which of the four skills – reading, writing, listening or speaking – do you find the most
difficult?
They are all quite hard to me but writing challenges me the most because in legal field, I
need to learn a number of terminology and how to write such as legal consulting letter in the
right formal form.
2. When it comes to learning legal English, which of the two courses discussed by Heidi and
Pavel do you think offers the better approach? Explain the reasons for your choice, using
comparatives and superlatives if possible.
In my opinion, Pavel’s course gives me a much easier approach to legal English. It provides
many classes covering 4 essential skills reading, writing, listening and speaking. And I can
learn about legal systems not only in Vietnam but also in other countries and it gives me an
opportunity to have a better comparison between those, about their similarities and
differences, the weak and strong points of each. However, as Pavel’s course covers too
much fields that may overwhelm law students, which makes it harder for them to find what
is most important and useful to adapt.
Reading 3: Graduate recruitment programme
1. No, you do not need a law degree but a 2.1 degree in any subject. (minumum qualifications)
2. Pay the full course fees for both GDL and LPC, plus maintenance of… (Sponsorship)
Decide if these students suitable for the Barker Rose Graduate Recuitment Programme
1. Andrea: no because she’s interested in criminal law
2. Sandip: yeh
3. Meral: no
4. Oren: yes (apply two years before the start of the training course)
Listening 2: Graduate recruitment programme
1.1. T/F/NC
1. F: they will take mid-term soon
2. NC: graduated 8 years ago but not mention degree in what
3. F: other law firms; have yet become partners
4. T: only at the end but feel free to interrupt anytime
5. F: 7 in 1979 to over 60 today; fast growth: commit to offer highest coures…
6. T: compatible with her or his interest
1.2. Answer
1. Rise from 29 -> 36000pounds in second year
2. Firm’s profitibility; hours billed; seniority (thâm niên làm việc))
3. Medical package;Life insurance; retirement plan; voluntary dental insurance
Net income: thu nhập ròng
Gross income: thu nhập thuần
4. 1800 – 2000
5. 7 years
Build rapport: ~ make connection with audience
Text analysis: Structuring a presentation
Speaking 3: Presentation
What your university has to offer potential new undergraduates?
Hanoi Law Unversity is one of best universities in Vietnam in terms of law. Firstly, Hanoi
Law University has qualified teaching staff with many experienced masters, doctors and
professors. Secondly, it not only offers a variety of courses and programs leading to
offically recognized higher education degrees such as bachelor’s degrees in law field but
also hold moot court as a place for students to experience how it is to be in real court in the
future. Thirdly, students in HLU also have access to a variety of academic and non-
academic facilities and services, including a library and administrative services. It also
provides canteen in case students might get tired during shifts between different classes.
UNIT 2. CONTRACT LAW
- Parties to a/the contract
- Rights and obligations
- Employment/sales/tenancy(thuê)/oral(bằng lời nói)/written + contract
- Contract implied by conduct: hợp đồng hành vi
- Conveyancing contract: hợp đồng chuyển nhượng (land,…)
- Lease: thuê dài hạn (trên 12 tháng) – license: thuê ngắn hạn (dưới 12 tháng)
- Trade union: Tổ chức Công đoàn
Contract: is a voluntary arrangement between two or more parties that is enforceable at law as a
binding legal agreement
- Enforceable ~ recognized by law
- Subject matter: đối tượng (của hợp đồng)
- Legal capacity to contract: năng lực để giao kết hợp đồng (statutory age, sound mind,…)
- The content of contract must comply with the law
Contract law: a body of law which regulates the formation and enforcement of contracts.
- Formation of contract: giao kết hợp đồng
- Form a contract ~ enter into a contract
Reading 1: Contract law
2. An offer must be made and be accepted
In some legal systems, the parties must give (or promise to give) each other something of
value.
3. Get a court to award damages for the breach; specific performance
- Damages = financial compensation: tiền bồi thường hợp đồng
- Specific performance: bắt buộc tiếp tục thực hiện hợp đồng
4. T/F
i. F in some legal systems
- Consideration: normally in the form of money ~ giá trị trao đổi
- Simple contract: hợp đồng thông thường
- Contract by deed: hợp đồng bằng khế ước
ii. F an offer must be met with acceptance
- Offeror: who makes an offer
- Offeree: who receives an offer
iii. T in some jurisdictions, certain types of contracts must be in writing or they are not valid
iv. F
v. T
- Assignment = transference: sự chuyển giao
5. Complete sentences
i. Formation
ii. Counter-offer
iii. Terms
iv. Oral
v. Obligations
vi. Breach
vii. damages
6. Match
i. Make/Accept/Reject + an offer
ii. Breach/Form/Enforce/Negotiate/Make/Perform + a contract
iii. Award/Accept + damages
- Award damages to non-breaching party: phán quyết bồi thường cho bên bị thiệt hại hợp
đồng
iv. File + a lawsuit: khởi kiện
- Take legal action/proceeding:
7. Collocations
8.
Reading 2: Remedies for breach of contract
9. Remedy: the means to achieve justice in any matter in which legal rights are involved
- Civil remedies: compensation + injunction (court order)
- Rescission = cancellation: hủy bỏ hợp đồng
- Damages: bồi thường thiệt hại
- Restitution ~ To have what they gave returned to them: hoàn trả lại
10.
Listening 1:
11. damages vs damage
12. 3/5/6
13. .
- Damages: type of remedies >< Damage: harm or loss
- Liabilities: nợ phải trả >< (legal) liability: năng lực pháp luật (?)
14. .
15. 1/5/6
16. .
17. .
Listening 2:
18.
19. Contract law: formation of contract
i. Agreement/consideration/negotiation/offer/acceptance
ii. Rules of consideration
20.
i. Agreement
ii. Consideration
iii. Legal
iv. Negotiation
v. Accepted
vi. Price
vii. Communicated
viii. Silence
ix. Price
x. Binding
xi. Consideration
Offer (lời đề nghị giao kết hợp Invitation to treat (lời đề nghị giao
đồng) dịch)
Intent To make other party to accept to invite other party to make an offer
Accepted An agreement is made (legally an offer is made (not legally
binding) binding)
- Postal acceptance rule (indirect communication ~ delay between the time when the offeree
answer the offer and the time when the offeror receives the answer):
- Reception rule (direct communication):
- Repudiation:
- Frustration:
- Arbitration
- Representation:
- Settle dispute: solve problems
21. .
videovocab.tv
We wanted to settle the dispute out of court to save money.
I decided to refuse the offer because the price wasn’t right.
A contract becomes legal immediately after acceptance.
We celebrated when the judge decided to award us damages.
14. .
- Gross negligence = serious lack of care
15. .
i. .
ii. Bought – very bad burn – third-degree burns from spilled coffee – treatment 2 years –
20000 but only 800
iii. Because they most likely thought that the claimant could not win the case, as in other
cases the courts had ruled that coffee burns were an open and obvious danger.
iv. Compensatory damages:
16. .
i. Settlement
ii.
iii. Found for
iv. Damages
v. Punitive
vi.
17. .
LAW IN PRACTICE
Reading 3: The Kent Law Clinic
- Curriculum: chương trình giảng dạy
- Law clinic: Trung tâm tư vấn pháp luật
18. .
i. Undergraduate law students and qualified lawyers “…all legal work done being
done by law students under the supervision of qualified lawyers.”
ii. No “The clinic offers free legal advice to its clients…”
iii. Interviewing, negotiating and advocacy “such as interviewing, negotiating and
advocacy.”
19. .
i. A court or assemly with judicial (or quasi-judicial) functions Tribunal
- Quasi-judicial = semi-judicial: bán/nửa …
ii. Someone who represents himself or herself without a lawyer in court Litigant(s)-
in-person or pro se (US)
iii. When a lawyer acts on someone’s behalf during proceedings Advocacy
20. .
Listening 2: Student lawyer – client intervie
21. .
i. Laptop
ii. One of the pixel burned out on screen – Annoying red dot on the screen
iii. Under guarantee, 7 pixels need to be burned out before the laptop would be replaced
iv. …
22. .
i. Threaten to write as many mailing lists as possible to tell people not to buy any
product from their store
ii. Stood outside the shop – told exactly what happended – told everyone not to buy –
“their products are rubbish”
iii. Threaten to sue Charles for defamation that he was trying to ruin their business or he
had to sign a retraction
- Retraction = withdraw of a statement: rút lại lời đã nói
23. .
24. .
25. .
26. .
27. .
28. .
Reading 4: Letter threatening legal action
- In a state of some excitement: trong tình trạng bị kích động
29. .
i. Defamatory damaging someone’s reputation by saying or writing bad things
about them that are not true
ii. Sign and return the enclosed retraction by 15 December 2008.
30. .
-
31. .
32.
i. Tort
ii. Statement
iii. Libel: the publication of false and malicious statements or pictures that cause injury
to another person (permanent)
iv. Slander: the use of spoken words to harm someone’s reputation
UNIT 4. CRIMINAL LAW
1. .
- Crime: a crime is any act, or omission of an act, in violation of a public law
- White-collar crime: crimes committed by the office employees, salaried professionals
- Armed robbery: taking the property of another with the intent to permanently deprive the
person of that property, by means of force or fear cướp có vũ trang
o Deprive sb of sth: tước đoạt, cướp đoạt cái gì từ ai
- Battery: occurs when one person intentionally hurt body… hành hung gây hại sức khỏe
người khác
- Bribery: to make other do smth for you by giving them money, presents,… hối lộ
- Arson: start a fire to destroy smth, ussually building phóng hỏa
- Domestic violence: violence takes place within a household bạo lực gia đình
- Intimate partner viollence: between romatic
- Burglary: break and enter đột nhập và cướp của
- Drug trafficking: a global illicit trade involving the cultivation, manufacture, distribution
and sale of substances which are subject to drug prohibition laws mua bán, sản xuất ma
túy
o Trafficker:
- Drunking driving: the act of driving a vehicle under the influence of alcohol
- Embezzlement: fraudulent taking of personal property by someone to whom it was
entrusted. The person who embezzles is in lawful possession of the money or property…
tham ô, biển thủ
- Extortion: the gaining of money or property by almost any kind of force or threat of
violence,…
o Blackmailing: a special type of extortion
- Murder: intentional killing that unlawful and committed with “malice aforethought” giết
người
- Insider trading/dealing: purchasing or selling a security while in possession of material,
non-public information concerning that security, where the information is obtained from a
breach of fiduciary duty, or a duty arising from a relationship of trust or confidence giao
dịch nội gián (thường liên quan đến giao dịch chứng khoán)
o Fiduciary duty: trách nhiệm của người được ủy thác (trách nhiệm cao nhất)
- Joyriding:
- Kidnapping: taking of a person against his/her will from one ot another place under
circumstances in which the person so taken does not have freedom of movement, will, or
decision through violence, force, threat or intimidation bắt cóc
- Shoplifting:
- Tax evasion: using illegal means to avoid paying taxes; tax evasion schemes involve an
individual or corporation misrepresenting their income to the Internal Revenue Service.
Misrepresentation may take the form editor from… trốn thuế, lậu thuế
o But tax avoidance is legal. tax avoidance: tránh thuế
- Stalking: wilfully and repeatedly engages in a knowing course of harassing… theo dõi
- Money landering: the process of disguising the proceeds of crime and integrating it into the
legitimate financial system rửa tiền; các giai đoạn rửa tiền: placement laudering…
o Proceeds of crime: tiền kiếm được bằng cách phạm pháp
- Forgery: làm giả, giả mạo
- Fraud: wilfull deception of comeone for the purpose of mone… lừa đảo
2. White-collar crimes: embezzlement, fraud, insider dealing, money laudering, tax evasion
Reading 1: Criminal law
3. .
i. Criminal law involves the state and a person, and prosecution is initiated by the state
while civil law involves private individuals and organisations and the victim is the
one who brings the suit.
ii. Offences against the person; offences against property, public-order crimes and
business/corporate crimes.
Offences against the Offences against Public-order Business crimes
person property crimes
- Assault - Vandalism - Drug - Fraud
- Battery - Burgalary trafficking - Forgery
- Domestic - Larceny - Prostitution - Bribery
violence - Theft - Adultery: - Embezzlement
- Manslaughter - Arson having an - Money
- Homicide - Joyriding afair (ngoại laudering
- Rape - Shoplifting tình) - Insider dealing
- Stalking - Pornography
- Drunk driving
iii. The burden of proof is often on the prosecutor to persuade the trier that the accused is
guilty beyond a reasonable doubt of every element of the crime charged. If the
prosecutor fails to prove this, a verdict of not guilty is rendered.
In civil cases, the claimant generally needs to show a defendant is liable on the
balance of probabilities.
Beyond reasonable doubt: (chứng minh có tội) vuợt qua mọi nghi ngờ có căn cứ
Balance of probabilities/preponderance of the evidence: sự chiếm ưu thế về chứng
cứ
iv. Felonies are more serious offences, and misdemeanours are less serious offences.
Yes, it divides criminal offences into 4 levels based on their gravity, from least to
most dangerous one are less serious crimes, serious crimes, very serious crimes and
extremely serious crimes.
Gravity = seriousness: mức độ nghiêm trọng.
4. 1-d: commit a crime;
2-f: resolve a dispute
3-a: bring a suit
4-c: render a verdict
5-b: sentence an offender
6-e: suspend a sentence
Suspend a sentene: án treo (thường đối với án tù)
Convict = find sb guilty of a crime
5. .
- An offender: commits a crime.
- A victim: brings a suit.
- A lawyer: resolves a dispute, brings a suit
- The court: resolves a dispute, renders a verdict, sentences an offender, suspends a
sentence
- A judge: resolves a dispute, renders a verdict, sentences an offender, suspends a
sentence
6. A crime is a wrong committed against society and requires criminal act (actus reus) and
criminal intent (mens rea); a tort is a wrong committed against an individual and does not
require criminal intent.
7. .
i. Is committed
ii. Is punished
iii. Is put
iv. Is fined
v. Is commited
vi. Was caused
vii. Are tried
viii. Is brought
ix. Is resolved
8. .
9. .
10. .
11. .
Key terms 1: Punishments
12. .
1-d: execution being killed
2-f: community service order performing unpaid work
3-a: imprisonment being put in prison
4-e: put on parole being released before their prison sentence is finished: thả trước thời
hạn
5-b: put on probation behaving well and not committing any more crimes in order not to
be sent in prison
6-c: fine paying an amount of money as a punishment.
13. .
Listening 1: White-collar crime in the 21st century
14. He thinks that the white-collar crime is more serious than violent street crime (armed
robbery, battery, homicide,…). “white-collar crimes in terms of its victims and
devastating effects on victims rank righ up there among those most heinous street crimes.
15. .
i. New technology has led to a decrease in white-collar crime. F: gives white-collar
crime opportunity to increase greatly
Cybercrime is catogorized as white-collar crime.
ii. Street crime is generally punished more harshly than white-collar crime. F: it used
to be but as street criminals became white-collar criminals to have less risk.
iii. Increasingly, white-collar crime is committed by employess high up in the corporate
hierarchy. T
High up in: hold high position
iv. The number of people who are victims of white-collar crime is significant. T
v. White-collar crime has had little effect on the US economy. F: investing and slow
recovery of the economy.
16. .
i. The internationalisation of the economy has led to more opportunities for white-collar
crime.
ii. While violent crime frequently
17. .
18. .
Reading 2: White-collar crime: insider dealing and market abuse
- Securities: công cụ mà các công ty doanh nghiệp sử dụng để thu hút vốn đầu tư
chứng khoán
- Insider dealing: the act of tradinng in securities by people who have confidential
information about a company’s finances or operations.
19. .
i. A former Pricewaterhouse audit manager
Audit manager: trưởng phòng kiểm toán
ii. Committing market abuse
iii. The company intended to sell its electrical division
iv. 3,750 euros.
20. .
i. F it was heard before the Financial Services and Markets Tribunal
ii. F he was fined E10,000 for his crime
iii. F the defendant was partially responsible for the audit of the company. In
particular, he remained responsible for planning staff to work on Delta.
iv. T had reason to know about the sale’s process because of ít impact on resource
planning. At the end of November 2002, Mr Mohammed was aware that the sale
process was ongoing and was getting close to agreement.
21. .
i. Secret information confidential
ii. To buy shares purchase/merge and acquisition
iii. Suggested deal proposed
iv. The tribunal decided upheld
v. Marker abuse laws provisions
22. .
LAW IN PRACTICE
23.
How would you define identity theft? A crime in which an imposter obtains key
pieces of personal identifying information (PII), e.g: social security number, driver’s
license numbers, and use them for their own gain.
What are some examples of identity theft? Credit – card fraud, baking and financial
fraud, government documents fraud.
How can ID theft start? it can start with lost or stolen wallets, stolen mail, a data
breach,…
24. .
i. Bin raiding f: looking through rubbish for bills or other paper containing detailed
information
ii. Skimming (lấy cắp dữ liệu thông qua máy quẹt thẻ hoặc công cụ tương tự) a:
stealing credit/debit card numbers by using a special storage device when processing
cards (often in order to make illegal copies)
iii. Phishing d: pretending to be a financial institution or company and sending spam or
pop-up messages to get people to reveal personal information
iv. Changing addresses e: sending someone’s billing statements to another location by
completing a change of address form
v. Stealing c: taking wallets, mail and other items containing personal information
without permission
vi. Pretexting b: fraudulently gaining access to personal information from financial
institutions, telephone companies and other sources
25.
Listening 2: Podcasts.
- Vigilant (adj): 1-b: be very careful and alert to potential problems occuring
- Fraudster (N): 2-h: a person who commits fraud
- Credit report (np): 3-e: a document produced by bank or credit rating agency
- Dupe sb into doing sth (vp): 4-g: use sb in a way that makes them look stupid/to
deceive sb to doing sth
- Con sb out of money (vp): 5-f: use tricks to get sb to give you the money
- Social security number (np): 6-i: a number which identifies you when you pay social
security (a type of tax) annd claim social security benefits
- Credit reference agency (np): tổ chức đánh giá tín dụng 7-d: an organization which
provides an individual or business’ credit-worthiness
- Commission sb to do sth (vp): 8-c: pay sb to do sth on your behalf
- Sort code (np): mã chi nhánh (ngân hàng) 9-a: a number identifying the bank and
branch where your account is held
- Encryption key (np): bộ mã hóa 10-j: a random string of bits created explicitly for
scrambling and unscrambling data
26. .
i. The first clip: changing address
ii. The second clip: phishing
iii. The third clip: stealing
iv. The fourth clip: bin raiding
27. .
i. Cause criminals may have bills and bank statements are sent to an address other
than the victim’s.
ii. Verify your identity before issuing credit in your name.
iii. Creating look-alike websites of banks or other financial institutions as duping
people to visit them and provide information
iv. If customer’s negligence were a contributory factor
v. The banks say they will never send email asked for confidential information but
some just do that.
28.
UNIT 5. COMPANY LAW
- Business: a legally recognized organizational entity designed to provide goods and/or
services to consumers.
- Company: the general word for a business with a number of employees and managers
- Firm: the general word for a business that provides a professional service. The word is
often combined with other words.
- Enterprise: the same as company or firm
- Sole trader/proprietor: a self-employed person who owns and runs their own business
as an individual
- Partnership: a formal arrangement by 2 or more parties to manage a business and sharre
its profits
- Legal entity: an organization having under the law rights and responsibilities and
especially the capacity to sue and be sued
- Business lifecycle: the progression of a business in phrases over time and is most
commonlt divided into four stages: launch, growth, maturity and decline.
- VAT (value added tax): a consumption tax that is levied on a product repeatedly at
every point of sale at which value has been added
- Founder: the person establishes an institution or a company
- Board of directors:
Private enterprise No legal personality
Partnership 2 – 50 (nominal partner – thành viên hợp danh)
Sleeping parter: thành viên góp vốn (không
giới hạn số lượng)
General partership Sole trader
Limited liability partnership limited liability
company
Joint-stock company (JSC): Công ty cổ At least 3 founders.
phần Raising capital/capitalizing by selling shares
Limited liability company (LLC) 2 types: single-member and multi-member
- Form = incorporate
What is company law? A body of law that deals with formation, operation and closing of
companies.
What aspects of company law have you studied/will you study?
1.
Reading 1: Company law
2. T/F
a. .
i. T a company is a group of member which is treated as a legal person, with a
separate identity from its shareholding members
ii.T it can own property, enter into contracts, sue others and be sued
iii.T a certificate of incorporation is issued once the company’s constitutional
documents and statutory forms have been filed.
iv. F the memorandum of association states the principle object of the company
- Charter: Điều lệ
- Charter capital: Vốn điều lệ
b. Main differences between sole proprietor, a partnership and a publicly listed
company?
Sole proprietor Partnership Publicly listed company
Owned by a single individual Profits and liabilities are Able to sell its shares to the
who earns all the profits and shared between the partners, public and whose directors
assumes all the liabilites who between them own the and shareholders are not
business personally liable for the
company’s losses beyond their
own investments in the form
of shares
Key terms 1:
3. .
Reading 2: Course in company law
4. Tick
i. Formation of a company in accordance with regulations corporate governance
fundamental changes to the structure of a company
A company’s dealings with other entities and institutions
ii.
1;3;4;7
- Stateholder:
- Internal stateholder: shareholder; employee
- External stateholder = non-afiliated stateholder: investor; creditors (banks; financial
institutions); suppliers; customers
5. Match
i. 1-c: inter alia among other things
ii. 2-a: funding
iii. 3-e: winding up = dissolving
- Liquidation: winding up and selling assets to repay the debts
iv. 4-d: business vehicle
v. 5-b: directors’ duties
vi. 6-f: memorandum and articles
6. .
7. .
Listening 1:
8. .
- Shortfall: the difference between what is owned and what can be repaid
- A pass-through entity: A US business, such as sole proprietorship, partnership or LLC, that pays
no tax itself but rather the owners pay tax on the company’s profits as part of their personal tax
doanh nghiệp thực hiện thuế một lần (để tránh trường hợp thực hiện nghĩa vụ thuế ở mức độ
doanh nghiệp rồi lại phải thực hiện nghĩa vụ thuế trên thu nhập cá nhân của chủ sở hữu từ lợi
nhuận doanh nghiệp đã đóng thuế)
- Dividend: cổ tức
- C Corporation: traditional corporation: công ty truyền thống (chịu thuế 2 lần)/Công ty tiểu
chương C (quy định trong chương C của …)
- S Corporation: pass-through entity
- A tax election: a formal decision made by the owner of a US LLC to become an S corporation
a. The professor discusses both advantages and disadvantages of corporations.
b. .
i. Its owners are not personally liable for the debts and liabilities of the corporation
ii. Double taxation
iii. Choose to become a pass-through entity
9. .
a. 5 advantages and 3 disadvantages
b. .
c. Complete the notes
i. . debts
ii. . savings
iii. . life
iv. . money
A corporation has more avenues to raise money.
- Share/stock
- Ordinary share/common stock
v. . transfer
vi. . cost
vii. . fomalities
viii. . tax
10. .
11. .
12. .
LAW IN PRACTICE
Reading 3: Breach of Companies Act 2006