prelim year 1 (0)

1 Hindamata

TOPICS
For the PRELIM Year 1
Put down 10-12 relevant terms and retell about:

Prescriptive and descriptive law

Prescriptive law – prescribe how people ought to behave
Descriptive law – describes the way people or natural phenomena behave
Break the law – do something illegal
Penalty – punishment
Government – system by which a state or community is controlled
Law – the system of rules
System of courts – all judicial institutions
Enforce – to make people obey the law
Authority – a group of people with official responsibility for a particular area of activity /the moral or legal right or ability to control
Prescribe – to tell someone what they must have or do, or to make a rule of something
Impose
The word law can have several meanings, it can be divided into prescriptive and descriptive law.
Descriptive law – describes the way people or natural phenomena behave, e. g. law of gravity
Prescriptive law – prescribe how people ought to behave e.g. speed limits
In all societies relations between people are regulated by prescriptive law; customs (informal rules of social and moral behaviour); rules we accept if we belong to a particular institution (religion, organization); laws imposed on people by a government
Penalties for breaking the rules are different . For not following the customs there may not be a punishment, or a person may be criticized by the society; rules of a social institution tend to carry precise penalties but they are not enforceable by any political authority; however governments use a system of courts backed by the power of the police to enforce the laws they have made.
The relations between people are regulated by a combination of all these rules.
One of the ways to classify laws is to separate them into prescriprive and descriptive law.
Descriptive laws simply describe how people usually behave. For example law of gravity- if a person throws an apple up in the air, then it’s very likely that it falls down again .
Other laws are prescriptive- they prescribe how people should or should not behave. For example, the law says that the minor can’t drink alcohol, but in spite of that rule, they still do. Relations between people are regulated by prescriptive laws. Some of them are customs – informal rules of social and moral behaviour. Customs are not made by governments and they are not written down. Sometimes we can break these rules without any penalty, but if we keep breaking the rules or break an important one, other society members may criticize us or act violently toward us. And some prescriptive laws are made by governments. When governments make laws they use a system of courts backed by the power of the police to enforce these laws.

Sources of law (general)

Precedent – a decision about a particular legal case that makes it likely that other similar cases will be decided in the same way
Solve a dispute – to find a solution to a disagreement; to adjudicate
Judiciary – a country ’s body of judges
Government – system by which a state or community is controlled
Judge – a person who is in charge of a trial in a court and makes decisions on legal matters
Civil code – a collection of laws designed to deal with different areas of private law
Private law – a set of rules that deal with disagreements between people or companies
Common law – the legal system in England and most of the US that has developed from old customs and court decisions, rather than laws made by politicians
Continental law – legal system originating in Europe in which legal codes serve as main source of law
Two main traditions of law in the world – common, continental. These systems have different sources.
Common law systems have developed gradually. The governments didn’t try to codify every legal relation like in continental law, judges did not merely apply the law, they also made the law, their decisions could become precedents for other courts. Judges attempted to apply existing customs and laws to each new case, rather than having government write new laws; similar cases had to be solved in the same way (doctrine of precedent) This doctrine of precedent is still the central feature of common law – if a similar dispute has been resolved in the past, the court is bound to follow the reasoning and reach the same decision.
Continental systems are also known as codified systems. The governments attempted to govern every legal aspect of a citizen ’s life. In continental law system the sources of law are codes, for example civil code which is a collection of laws designed to deal with different areas of private law. The judges have to apply these laws when making a decision in court.
One of the sources of law is precedent. It means that if a similar dispute has been resolved (solve a dispute) in the past, the court is bound to follow the reasoning and reach the same decision. Precedents are more used in common law countries.
Custom can be also a source of law. Customs are non-written rules of social and moral behavior . In history, when the laws were not written yet, the life was organized by customs.
The most important source of law is legislation (a law or set of laws suggested by a government and made official by a parliament ). Legislature frames new laws, amends the old laws and cancels existing laws in all countries.

Common law

Judicial – involving a law court
Statute – a law that has been formally approved and written down
Hierarchy of courts – a system in which legal institutions are arranged according to their importance
Binding precedent – a decision about a particular legal case that has to be followed when solving other similar cases
Be bound by something – having a moral or legal duty to do something
Common law – the legal system in England and most of the US that has developed from old customs and court decisions, rather than laws made by politicians
Government – system by which a state or community is controlled
Legislation – a law or set of laws suggested by a government and made official by a parliament
Solicitor – a lawyer who prepares cases and gives legal advice
Barrister – a lawyer who can represent people in court
Tort – an action that is wrong but can be dealt with in a civil court rather than a criminal court
Common law is a law system which developed in England and has been adopted by most of the United States and other countries colonized by England.
Common law consists of rules created by the judicial decisions and statutes. Essential to common law are the hierarchy of courts and the principle of binding precedent. This means, that the decision made by a higher court is binding on a lower court – the decision must be followed, and a rule set by that court must be applied in relevant cases. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning and reach the same decision.
Sometimes governments make new laws which are called statutes to modify or clarify the common law, or to make rules where none existed before .
There are several different types of law in the world today . For example continental law, common law, Islamic law. Common law is used in almost every country which has been colonized (to transform (a community) into a colony) at some time by England (Northern Ireland , Ireland, the United States, Australia , New- Zealand and some others ).
Common law refers to legal system developed from old customs and court decisions rather than laws made by Parliament.
Common law is created and refined by judges (a person who makes decisions on legal matters): a decision in a currently pending legal case depends on decisions in previous cases. If a similar dispute has been resolved in the past, the court is bound (having a moral or legal duty to do something) to follow the reasoning used in the prior decision. When there is no precedent with similar facts then the judge has to make decision based on legal principles and this decision will be a precedent for other courts to follow.
Another important aspect of common law is equity. Courts of equity recognized rights that were not enforced in common law. For example in a breach of contract claim the court of equity forced the other party to fulfill a contract and common law court forced the other party to pay damages. In 1873 the two systems were unified.
Sometimes governments make new laws which are called statutes (a law that has been formally approved and written down) to modify or clarify the common law, or to make rules where none existed before.
This was a short overview of common law.

Continental law

Continental law – legal system originating in Europe in which legal codes serve as main source of law
Government – system by which a state or community is controlled
Civil code – a collection of laws designed to deal with different areas of private law
Penal code – a collection of a particular jurisdiction's criminal law
Legislators – a group of people who have the power to make laws
Corrupt – dishonestly using your position or power to get an advantage
Biased – unfairly prejudiced for or against someone or something
Judgement – an official legal decision
Citizen – a member of a state
Legislature – the group of people in a country who have the power to make and change laws
Judiciary – the part of a country's government that is responsible for its legal system, including all the judges in the country's courts
Continental systems, also known as codified systems have developed in most of Continental Europe, Latin America and many countries in Asia and Africa .
Continental law has resulted from governments trying to govern every legal aspect of the citizen’s lives. Primary sources of law are sets of codes for example civil codes and penal codes. The courts must apply the legal codes when making a decision.
Legislators codified legal systems because case law had often produced corrupt and biased judgments. They wanted to show that legal rights of their citizens originated in the state. Because of that it was necessary to separate legislature and judiciary so that state could make laws not courts.
Continental system is also known as codified legal system. It is developed in continental Europe, Latin America and many countries in Asia. In those countries governments have produced a set of codes to govern every legal aspect of citizen’s life. Legislators (a member of a group of people who together have the power to make laws) codified legal systems because case law had often produced corrupt and biased judgments.
Lawmakers wanted to show that legal rights of their citizens originated in the state. Because of that it was necessary to separate legislature and judiciary so that state could make laws not courts. The clear distinction between legislature and judiciary has weakened in many counties as the courts are able to challenge the legality of a law made by parliament. Lawmakers were often influenced by the canon law. Canon law had a stronger influence in countries with less secular ideology.

Civil law

Civil law – the part of the legal system that relates to personal matters, such as marriage and property, rather than crime
Public law – the area of law that deals with the relationship between the government and other organizations or between the government and the public
Private law – the area of law that deals with disagreements between people or companies
Family law – an area of the law that deals with matrimonial matters and domestic relations
Plaintiff – someone who makes a legal complaint against someone else in court
On the balance of probabilities – a dispute is decided in favour of the party whose claims are more likely to be true
Evidence – proof
To prove – to show that something is true
Procedure – a series of steps followed in a definite order
Dispute – disagreement
Citizen – a member of a state
One way of classifying law is to divide it into public and private law.
Civil law is part of the private law and concerns disputes between citizens. It is made up of rules about how individuals interact with one another in specific situations. Civil law includes family law which deals with matrimonial matters and domestic relations and law of contract which is about binding agreements between people or companies. In a civil procedure the plaintiff, normally a private individual or company, is required to prove his case on the balance of probabilities, which means that the court will weight all the evidence and decide what is most probable.
One important distinction made in all countries is between private or civil (a branch of law dealing with the legal relationships of private individuals) and public law (a branch of law dealing with the legal relationships between the state and individuals). Private law regulates relationships between persons based on their equality and private autonomy. It means they can decide themselves how and in what they agree in. The main categories of private law in Estonia are:
Civil law (general part, law of property, law of obligations, family law, law of succession)
commercial law
Intellectual property law
private international law
But in England they are:
Contracts- binding agreements between people or companies
torts- wrongs committed by one individual against another individual’s person, property or reputation
trusts - arrangements whereby a person administers property for another person’s benefit
probate - arrangements for dealing with property after the owner ’s death
family law

Public law

Public law – the area of law that deals with the relationship between the government and other organizations or between the government and the public
Dispute – disagreement
Citizen – a member of a state
Government – system by which a state or community is controlled
Criminal law – part of the legal system that relates to punishing people who break the law
Constitutional law – the body of law which defines the role , powers, and structure of different entities within a state
International law – the set of rules that most countries obey when dealing with other countries
Tax – money paid to the government that is based on your income or the cost of goods or services you have bought
One way to classify law is to divide it into private and public law. Public law concerns disputes between citizens and the state. It consists of laws which affect interactions between the state and its citizens. These regulations may be about the way the law itself operates and the relations between private citizens and government (constitutional), they may be about how public institutions work in practise (administrative) or they may be about offences against the state (criminal). Public law also includes tax law, procedural law and international law.
One important distinction made in all countries is between private and public law. Public law concerns disputes between citizens and the state, or between one state and another.
The main categories of public law in England are:
Crimes – wrongs which, even when committed against an individual are considered to harm the well-being of society in general
Constitutional Law – regulation of how the law itself operates and of the relation between private citizen and government
International Law – regulation of relations between governments and also between citizens of different countries
But in Estonia, the main categories are: constitutional law, administrative law, tax law, penal law and procedural law.

Classification of courts (general)

Jurisdiction – the authority of a court or official organization to make decisions and judgments
Adjudicate – the process of making an official decision about something
Dispute – disagreement
Commit a crime – to do something illegal
Wrongdoer – a person who does something bad or illegal
Court of first instance – a place where a legal case is heard for the first time
Appellate courts – a court to which a person can apply to have the decision of a lower court reviewed
Appeal – to apply to a higher court to have the decision of a lower court reviewed
Civil law – the part of the legal system that relates to personal matters, such as marriage and property, rather than crime
Criminal law – part of the legal system that relates to punishing people who break the law
There are various ways to classify courts.
It’s possible to classify them according to their functions into courts of civil jurisdiction, that adjudicate on disputes between private individuals or companies, and courts of criminal jurisdiction, which determine whether the accused person has committed a crime and punish the wrongdoer. But that classification is not valid because many courts hear both civil and criminal cases.
Courts of first instance, the courts where a case is first heard, and appellate courts, the higher courts to which it is possible to appeal for reconsideration of the decision of the original court. However many courts exercise both original and appellate jurisdiction. In Estonia, there are two types of courts of first instance: county courts and administrative courts, courts of second instance are called circuit courts and finally the supreme court.
Classification by hierarchy.
One way of classifying courts is according to their functions. There are civil courts (relating to private arguments between people or organizations) and criminal courts (a law court that deals with criminal cases). Almost 95% of criminal cases (a matter to be decided by a judge in a law court) are tried in the Magistrates’ Courts, which deals with petty crimes (a type of crime that is not considered serious ). But that classification is not valid because most courts hear both civil and criminal cases.
A second classification divides courts into original, appellate and supreme courts. Original courts or courts of first instance are the courts where the first hearing of the case is carried out. In almost all cases it is possible for appellant to appeal (to request a higher law court to consider again a decision made by a lower court) to a higher court for reconsideration of the decision of the original court. These courts are appellate courts. And of course there is supreme court which is the highest court. In Estonia, there are two types of courts of first instance: county courts and administrative courts, courts of second instance are called circuit courts and finally the supreme court.

Civil courts (general + Estonian)

Civil law – the part of the legal system that relates to personal matters, such as marriage and property
Adjudicate – the process of making an official decision about something
Dispute – disagreement
Jurisdiction – the authority of a court or official organization to make decisions and judgments
Claim – a right to have something or get something from someone
Jury – a group of people chosen to decide if a person is guilty or not guilty, or if a claim has been proved
Appeal – to apply to a higher court to have the decision of a lower court reviewed
A single judge – a public officer appointed to decide cases in a court, hearing a case alone
Civil action – an official complaint, made by a person or company in a law court against another person
County court – a local law court which deals with less serious disputes
The purpose of civil courts is to adjudicate on disputes between private individuals or companies. Different types of disputes require different forms of adjudication, therefore the jurisdiction of courts may be limited by the type of case, geography and amount of the claim. For example county courts are limited to incidents that occurred within their locality and claims which don’t exceed 5000 GBP. A civil trial is before a single judge, generally sitting without a jury. There is almost always the possibility to appeal from a court of first instance.
In Estonia civil actions are dealt with in county courts. The decision of county court can be appealed to the circuit court (second instance court). There are usually two parties – the plaintiff and the defendant, a third party who is affected by the case may also be included .
Civil courts deal with civil actions (an official complaint, made by a person against another person who is said to have done something to harm them). Civil actions take place between two or more individuals in dispute (an argument or disagreement). Civil courts make adjudications (to make a formal decision about something) on these disputes. Some disputes are more serious and complex than others. The jurisdiction (the authority of an official organization to make and deal with especially legal decisions) of the courts is limited by the type of the case, by the geography and the amount of the claim (the sum of payable at the maturity of an insurance policy or upon death of the person insured to the beneficiary or the legal heir of the insured).
In Estonia civil actions are dealt with in county courts (a local law court which deals with less serious disputes). In civil procedure (a set of actions which is the official or accepted way of doing something) there can be three parties: plaintiff, defendant and third party whose rights the dispute can concern . The decision of county court can be appealed to the circuit court (second instance court).

Criminal courts (general + Estonian)

Impose – to officially force something to be obeyed or received
Evidence – proof
Criminal law – part of the legal system that relates to punishing people who break the law
To be guilty – responsible for breaking a law
Wrongdoer – a person who does something bad or illegal
Crime – an action that is illegal
To commit a crime – to do something illegal
Beyond reasonable doubt – no other explanation can be derived from the evidence other than that the defendant committed a crime
Prosecution – the lawyers in a court case who represent the side that accuses someone of committing a crime
Evidence – proof
The purpose of the criminal courts is to determine whether the accused person has actually committed a crime and to punish the wrongdoer. There has to be a balance between the need to protect the society and the need to ensure that only the guilty are punished . In a criminal court the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused committed the crime charged. Also very strict rules of evidence are imposed in criminal court to ensure a fair hearing.
In Estonia the crimes are dealt with in county courts. The decision of a court can be appealed to the circuit court.
The purpose of the criminal courts is to determine if the accused person has committed a crime and punish the lawbreaker (wrongdoer). It is important to protect the society and punish only persons who are guilty of a crime. The burden of proof (the obligation of proving) is on the prosecutor to prove beyond reasonable doubt that the accused (a person who is maybe guilty of a crime) committed a crime. In England children and the young persons who are accused of committing a crime are tried without a jury (a group of people who have been chosen to listen to all the facts in a trial in a law court and to decide whether a person is guilty or not guilty).
In Estonia the first degree crimes are dealt with in county courts. Less serious crimes are dealt with by a judge. In criminal proceeding there are public prosecutor, defendant and a person who is harmed in some way by the crime. The decision of a court can be appealed to the circuit court.

Classification of offences (general)

Offence – a crime
Summary offence – less serious crime
Indictable offence – most serious crimes
Preliminary – an action that prepares for something else
Evidence – proof
Commit a crime – to do something illegal
Trial – the hearing in a law court
Criminal offences vary in seriousness and complexity .
There are three types of criminal offence: summary, indictable and triable either way. Summary offences are less serious offences tried without a jury. Indictable offences are the most serious offences, such as murder . In case of an indictable offence a preliminary enquiry is conducted, to determine whether the case is supported by evidence.
Offences triable either way are offences which can be committed in a serious or minor way, for example burglary and theft . In this case the magistrates determine the mode of trial according to the seriousness of the offence.
Fatal offences, non-fatal offences, property offences
There are three types of criminal offence: summary, indictable and offences triable either way.
Summary offences are the less serious like motoring offences. They are tried in the Magistrates’ court without a jury. The magistrates will hear the evidence and reach a verdict. They can impose a fine of up to 1000 pounds or maximum prison sentence of 6 months. The defendant can appeal to the Crown Court.
Indictable offences are the most serious ones like murders. After preliminary hearing it is decided if it forms a prima facie case. If so then the case is established in a Crown Court where the judge passes a sentence.
Offences triable either way can be committed in a serious or minor way. And according to this they can be tried in Magistrates Court or in a Crown Court.

Classification of offences (Estonian)

Offence – a crime
Misdemeanour – less serious crime
Crime – an illegal act
Fine – an amount of money that has to be paid as a punishment
Arrest – to seize someone by legal authority and take them into custody.
Imprisonment – to put someone in prison
Second degree crime – less serious criminal offences
First degree crime – the most serious criminal offences
In Estonia there are two groups of offences: misdemeanors, which are less serious crimes and criminal offences, the most serious crimes. Crimes are distinguished by the punishment given , which also reflects the severity of the crime. Also, crimes are only found in the penal code, but misdemeanors can also be found in other codes.
The main punishment for misdemeanor is a fine or arrest. Misdemeanors can be tried in court or the punishment can be given outside of court, for example by the police.
Criminal offences can be first and second degree crimes. The first degree crimes are the most serious and the punishment can be imprisonment over 5 years or a life imprisonment. Punishment for second degree crimes may be imprisonment up to 5 years or a fine. Crimes can only be tried in court.
In Estonia there are two groups of offences (an illegal act; a crime): misdemeanors (a crime considered to be one of the less serious types of crime) and criminal offence.
The main punishment for misdemeanor is a fine or arrest. The lawbreakers have to pay 12-1200 euros or they can be arrested for 1-30 days .
Criminal offences can be first and second degree crimes. The first degree crimes are the most serious and the punishment can be imprisonment over 5 years or a life imprisonment. Punishment for second degree crimes may be imprisonment up to 5 years or a fine.

Civil procedure

Civil law – the part of the legal system that relates to personal matters, such as marriage and property
Claim – a statement that something is true or is a fact /a right to have something or get something from someone
Claimant – a person who asks for something that they believe belongs to them or that they have a right to
Defendant – a person in a law case who is accused of having done something illegal
Legal remedy
Plaintiff – someone who makes a legal complaint against someone else in court
On the balance of probabilities
Evidence – proof
Civil action – an official complaint, made by a person or company in a law court against another person
Liable – having (legal) responsibility for something or someone
Civil cases are between private individuals or companies. Claims are initiated by the claimant, who sues the defendant for a legal remedy. The defendant has to either admit the claim or defend it. If the defendant does not respond , judgement may be given in favour of the claimant.
In a civil procedure the plaintiff is required to prove his case on the balance of probabilities, which means that the court will weight all the evidence and decide what is most probable and whose claims are most likely to be true. The outcome of a civil procedure is that a defendant is liable or not liable.
Civil actions (an official complaint, made by a person against another person) are usually started by individuals. All actions concerning goods, property ( an object or objects that belong to someone), debt repayment ( giving back the money you owe someone) and breach of contract (unexcused failure to fulfill one's duties under a contract) are subject to civil procedure. The court sets a timetable for litigation (the process of taking a case to a law court so that a judgment can be made). The party bringing a civil action is the plaintiff and the other party is known as a defendant. In civil case, the court will weight all the evidence and decide what is most probable.
In a civil court the main argument if the defendant is liable is about the amount of money or damages (sum of money you pay someone for caused harm) which he should pay to the plaintiff.
Cases are allocated to regime according to their monetary value . Claims of 500 pounds or less are small claims, claims up to 15000 pounds are allocated to a fast track . Claims with greater value are allocated to a multi track regime.

Criminal procedure

Prosecution – the lawyers in a court case who represent the side that accuses someone of committing a crime
Crime – an illegal act
Imprisonment – to put someone in prison
Execution – the legal punishment of killing someone
Fine – an amount of money that has to be paid as a punishment
Impose – to officially force something to be obeyed or received
Parole – permission for a prisoner to be released before their period in prison is finished , with the agreement that they will behave well
Verdict – an opinion or decision made after judging the facts that are given, especially one made at the end of a trial
Guilty – responsible for breaking a law
Beyond reasonable doubt – no other explanation can be derived from the evidence other than that the defendant committed a crime
Criminal procedure involves prosecution by the state of a person for a crime. Criminal actions are almost always initiated by a state through a prosecutor. Depending on the offence and the jurisdiction a court may sentence the offender to execution, imprisonment or community service , impose a fine or put the offender under parole or probation.
The burden of proof in a criminal case lies on the prosecution. If the prosecutor fails to prove, the verdict of not guilty is rendered.
Criminal actions are nearly always started by the state, but some systems also allow a private citizen to bring criminal prosecution against another citizen.
English Magistrates courts deal both with civil and criminal matters.
The party bringing a criminal action is called prosecutor and the other party is known as defendant.
There are 3 categories of criminal offence (an illegal act):
Minor crimes are the less serious crimes and those are triable in Magistrates Court without a jury.
Serious crimes such as murders (the crime of killing someone) are indictable offences and they can be heard in the Crown court.
Crimes such as burglary (the crime of illegally entering a building and stealing things) and theft (taking something that belongs to someone else and keeping it) are triable either in the Magistrates Court or in the Crown Court.
The standards of proof are higher in a criminal action because the loser risks being sent to prison. The prosecution has to prove that the accused is guilty.

Tribunals

Tribunal – a form of extra -court adjudication
Judicial review – examination by a higher court of the decision-making process of lower court
Adjudication – the process of making an official decision about something
Government – system by which a state or community is controlled
Dispute – disagreement
Expertise – a high level of knowledge or skill
Commission – a group of people who have been formally chosen to discover information about a problem or examine the reasons why the problem exists
Committee – a small group of people chosen to represent a larger organization and either make decisions or collect information for it
Tribunal is a form of extra-court adjudication.
Tribunals are set up when ordinary courts lack necessary expertise, are too formal, too slow , costly. There are over 50 types – most are called tribunal, some are called commission, committee or just courts. All tribunals are subject to judicial review, by the High Court which examines reasons behind tribunals’ decisions. Council of tribunals is set up to check that procedures are fair, but they have no actual power and can only advise the government of problems.
In Estonia Labor Dispute Committee
Tribunal (a special court or group of people who are officially chosen, especially by the government, to examine (legal) problems of a particular type) is one of the two main forms of extra-court adjudication (to act as judge in a competition or argument, or to make a formal decision about something). There are over 50 different types of tribunal. Most tribunals are called tribunals but some are called commissions (a group of people who have been formally chosen to discover information about a problem or examine the reasons why the problem exists), other committees (a group of people who make decisions or collect information for it) and others are called courts (a place where trials and other legal cases happen ). Almost all tribunals are subject to judicial review (examination by a higher court of the decision-making process of lower court) by the High Court.
Tribunals were set up because ordinary courts were too slow, costly and formal.
Judging panel (a group of people who judge in tribunals) consists of 3 members. Lawyers does not like them, because they have a little role to play in the tribunal system as a lot of people can’t pay for the lawyer services.
In Estonia Labor Dispute Committee

Arbitration

Arbitration – the process of solving an argument between people by helping them to agree to an acceptable solution (vahekohus)
Independent third party – a third person or organisation not influenced by the other two
Commercial dispute – a disagreement related to trade
Dispute – disagreement
Award – a decision made in an arbitration
Arbitration is a form of extra-court adjudication. Advantages of an arbitration are, that it is faster, more flexible and confidential than regular courts. Parties agree to have the dispute decided by an independent third party. The arbitrator may be someone with necessary expertise. Often used for commercial disputes.
In Estonia they distinguish permanent and ad-hoc arbitrations. Some examples of arbitrations in Estonia are the Arbitration Court of the Chamber of Notaries and the Court of Arbitration of the Estonian Chamber of Commerce and Industry.
Arbitration is one of the two main forms of extra-court adjudication. In arbitration parties agree to put the dispute in the hands of an independent third party (someone who has an interest in the case) who has the power to decide the issue .
The arbitrator has expert knowledge (high level of knowledge in some area) in the area. The judgment (a decision or opinion about someone or something that you form after thinking carefully) of an arbitrator is an award. Oral hearings are rare and the arbitrator decides on the basis of written documents .
Arbitration is often used for the resolution of commercial disputes (disagreement when buying or selling things) and disagreements between the suppliers of goods and services and the consumer . The advantages are speed, lower costs , flexibility, informality and adjudication by an expert. Arbitrations are popular way of solving disputes.
In Estonia they distinguish permanent and ad-hoc arbitrations.

Work of lawyers: notary public and prosecutor

Notary public – an official who has the legal authority to say that documents are correctly signed or truthful
Prosecutor - the lawyer in a court case who represents the side that accuses someone of committing a crime
Government – system by which a state or community is controlled
Fraud – the crime of getting money by deceiving people
Commit a crime – to do something illegal
Legal affairs – situations connected with the law
Notarized – signed by a notary public
A notary is a person licensed by the government to perform acts in legal affairs, in particular witnessing signatures on documents. A public official who notarizes legal documents to prevent fraud and to ensure they are properly executed. For notaries, an appointment is usually for life.
Prosecutor – a legal official who accuses someone of committing a crime, in a law court. The prosecutor typically represents the government in the case brought against the accused person. Possess a university degree in law, and additional training in the administration of justice.
For being a notary public or a prosecutor enjoy high level of trust (having a lot of confidential knowledge) and there are controls to regulate their competence (to ensure that someone is capable to do his job) In some countries it is essential to get a university degree in law. In some countries you have to pass professional examinations ( exam what you take to have particular job) and if you have a degree in a subject other than law, you have to take preparatory course (a class done in order to be ready for sth).
In Estonia you have to be Estonian citizen to be a notary. They have to have a MA degree and have passed candidate service (competing to get a job, doing simpler job for example being an assistant for a notary). Notaries deal with matrimonial (related to marriage) property acts, testaments (a will), property transactions (someone sells or buys objects that belong to him)
The prosecution is the legal party responsible for presenting the case in a criminal trial (legal process) against an individual accused of breaking the law. For being a prosecutor in Estonia you have to have a MA degree in law.

Work of lawyers: judge and attorney -at-law

Judge – a person who is in charge of a trial in a court and makes decisions on legal matters
Attorney-at-law – a practicing lawyer in certain jurisdictions
Trial – the hearing in a law court
Evidence – proof
Witness – person who sees an event happening , especially a crime or an accident
Dispute – disagreement
Settle a dispute – to find a solution to a disagreement
Jurisdiction – the authority of a court or official organization to make decisions and judgments
Lawsuit – a problem taken to a law court
To conduct – to organize and perform
A judge is a person who presides over court proceedings. The judge is supposed to conduct the trial impartially. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law. The task of a judge is to settle a legal dispute in a final and public manner. Judge is required to be legally educated, significant professional experience is often required.
Attorney-at-law – a practicing lawyer in certain jurisdictions, a person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit. Attorneys conduct lawsuits and give legal advice. Usually the candidate must have a legal degree, and in addition have relevant work experience and some experience from court.
Judges and attorneys-at-law enjoy a high level of trust because of their specialized knowledge and there are examinations and other controls to regulate their competence. In some countries it is essential for them to have a university degree in law, in other countries they can have university degree in a subject other than law, but then have to take preparatory course and there are also professional examinations for them.
In Estonia attorneys-at-law are called sworn advocates (a lawyer who defends someone in a law court). A person can be an attorney-at-law when he has Master’s degree in law and has passed the exam and he has to work at least 3 years as an assistant of attorney-at-law. They must be at least 24 years old. When a person has committed a crime, he can’t be an attorney-at-law.
Judge presides over court proceedings (a set of actions which is the official or accepted way of doing something). His power can be shared with a jury. Judge hears all the witnesses (a person who sees an event happening, especially a crime or an accident) and evidence (proof; facts or signs that show that something exists or is true) and makes a judgment (an official legal decision).
In Estonia a judge must speak good Estonian, have at least Master’s degree at law and have high moral character.

Legalese

Legalese – language used by lawyers and in legal documents that is difficult for ordinary people to understand
Ad hoc – for this purpose
Hereafter – after this
Herein – in this
Legislative – relating to laws or making the laws
Contract – a formal agreement between two different people or groups
Regulation – an official rule or the act of controlling something
Judicial – involving a law court
Treaty – a written agreement between two or more countries, formally approved and signed by their leaders
Court judgment – a decision reached by a judge or a jury
Legal writing or legalese can for non-lawyers often be difficult to understand. Legal English differs greatly from standard English in a number of ways. For example a lot of technical and Latin terms are used (e.g. ad hoc), ordinary words are used with specific meanings, punctuation is often absent, use of old- fashioned words (hereafter, herein)
There are different kinds of legal writing: for example, academic legal writing as in law journals , juridical legal writing as in court judgments, and legislative legal writing as in laws, regulations, contracts, and treaties.
The formal language of legal documents is often difficult for the non-lawyer to understand, because it is characterised by specific features . For example using Latin terms like ad hoc, de facto , de jure and so on. Secondly using technical terms can cause misunderstandings. For example subsidiary. If i noticed that term in the materials, I didn’t know what it meant so I had to look it up. Thirdly using old-fashioned words like thereafter or hereof can also cause problems, because regular people do not use them in every-day language anymore. Also having special meanings for words in ordinary use. For example, when we had this case brief a lot of us didn’t know the meaning of the word ”reference”. And there are of course more reasons why legalese is hard to understand, for example using very long sentences , but I think these are the main problems. But that’s why we need lawyers, so the more incomprehensible these texts and sentences are, more work there will be for me.

Provision of legal services

Legal service – work done by a lawyer for a client
Immigration – coming to live in a foreign country
Employment – being paid to work for a company or organization
Deprived – not having the things that are necessary for a pleasant life
Legal aid – a system of providing free advice about the law and practical help with legal matters
Consumer problems – issues with buying goods or services
Remedy – a successful way of dealing with a problem
Legal system – the organizations and people who work in the area of law
Funding – money given by a government or organization for an event or activity
Legal services are a system that provides help in matters concerning law. Lawyers are often reluctant to establish their offices in deprived areas, as a result there is an unmet need for legal services – many people with legal problems don’t get any advice at all. To remedy these shortcomings there are many publicly funded institutions that offer advice for free. These institutions often deal with housing , employment, immigration and consumer problems.
For a fair legal system it is important that no one is denied legal services because he cannot afford to pay for them. For that the state provides funding which provides access to legal services to people who could not afford it otherwise. These services are categorized as legal advice and assistance, which provides funding for legal matters short of appearance in court and legal aid, which includes court appearance.
There are also many people with legal problem who don’t seek any legal advice at all. Often because the person doesn’t realize that the problem is a legal one, is unaware of the appropriate legal service, is afraid of expenses or cannot find any legal service available .
As legal services (a system that provides legal help for people) are expensive , states sometimes provide access to legal services for those who cannot afford it. For example there are Law Centres in England which are in deprived areas ( poor , small area). Law centres deal with immigration (the act of someone coming to live in a different country), consumer problems (problems with buying goods or services), employment (the fact of someone being paid to work for a company or organization) and housing.
There is also unmet need for legal services (people with legal problems are not obtaining advice at all). Some people doesn’t realize that their problem is a legal one, even if a person realizes that his problem is legal, then he may not find a legal service available or doesn’t approach it for some reason.
In Estonia legal aid (help or support for finding answers for legal questions) is available from law and advocate’s law offices and the state. Also notaries (an official who has the legal authority to say that documents are correctly signed or true) and bailiffs (an official who takes away someone's possessions when they owe money) provide legal aid.
There is a Office of Legal Services which gives free legal help for retired (someone who has stopped working ) and unemployed people. Also there is a homepage where a paralegal (someone who works in a law company or a company's legal department and has some legal training) answers to your questions

Separation of powers

Government – system by which a state or community is controlled
Judiciary – system of courts in a country
Executive – the part of a government that is responsible for ensuring that laws and decisions are put into action
Legislature – the group of people in a country who have the power to make and change laws
Separation of powers – a model for the governance of a state where a state's government is divided into branches, each with separate and independent powers
Jurisdiction - the authority of a court or official organization to make decisions and judgments
Enforce – to make people obey the law
Execute – to do or perform something
Separation of powers is a model for the governance of a state where a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches.
The typical division is into three branches: a legislature, an executive, and a judiciary. Legislature, usually the parliament makes laws for a country, the executive, the government, executes and enforces law and the judiciary interprets and applies the law. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.
This theory was particularly developed by Montesquieu , the famous French political scientist and the theory states, that three main functions of government (executive, legislative and judicial) should be carried out by different bodies and there also should be balance between them. This theory is also prescriptive rather than descriptive, so that no person or body can’t have full power of all three functions of government. In particular, the courts should be independent of the executive and the legislature so that the judges can ensure these bodies do not exercise their powers arbitrarily. In some democratic countries the constitution does not conform to this theory. For example in UK the same people are members of the legislative and executive power. But in Estonia the legislative power is carried out by Riigikogu, executive by The government of Estonia and judicial by our courts. And in my opinion, our powers are separated pretty nicely and I think this is something we can be proud of.

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