Course Aims
- Explain the scope and nature of terminology used in law and allied professions
- Identify and describe legal occupations and roles
- Compare and contrast differents 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 associated 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 termimology associated with the areas of Family Law, Bankruptcy, Insurance, and Accident Compensation
Course Structure
There are eight lessons in this module as follows :
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. CommonLaw, 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 and Processes; Types of Lawyers : Attorney (or advocate), Barrister Vs Solicitor, Criminal Defence 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 and 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 (Rehabilitatiom, 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, Interlocutary decree, Judgement nisi, etc), Civil Actions, Bankruptcy, Insurance Law, Accidents Compensation and related terminology.
The language of law differs from most other role-specific languages in that legal language is cilture-bound and intertwined with each particular society and itslegal 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 negociations, 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.
