Sissejuhatus erialasesse õiguskeelde (inglise keel) (0)

descriptive law (kirjeldav õigus) - laws which simply describe how people or even natural phenomenas usually behave
nation (riik) - country with its own goverment
citizen (kodanik) - person native of a country; realationship between country and a person
stranger (välismaalne) - person who is unfamiliar, from another country
penalty ( karistus ) - punishment fixed by law, as for a crime or from any soical groups
goverment (valitsus) - organization which controlls a stre or community
System of Courts ( kohtusüsteem ) - organization applying law in the name of states
to commit a crime ( kuritegu läbi viima) - breaking a law, usually given out by the goverment
fine ( trahv ) - certain sum of money person pays for breaking a law
corruption (korruptsioon) - dishonest or unethincal conduct by a person entrusted with a position of authority
suspension (kõrvaldamine) - form of punisment that people recieve for violating rules and regulations
Civil Action (tsiviilhagi) - lawsuit between two private parties
prosecution (süüdistus) - the institution and carrying on of legal proceeding against a person
injury ( vigastus ) - an act or event that causes someone / something no longer to be fully healthy
claim (nõudeõigus) - to apply for compensation or to inherit something
prison ( vangla ) - residence for incaretaking criminals
majority (enamus) - greater amount of the group
public opinion (avalik arvamus) - collective opinion of many people on same issue , problem etc.
Seperation of Power (võimude lahusus ) - division of responsibilites into distinct branches to limit any branch from excersising the core functions of another (legislative, executive , judicial )
pressure group (surve gurpp) - an interest group that attempts to influence legislation , for example through propaganda
dangerous driving (ohtlik sõitmine) - a way of driving that threats other ’s safety or life
international law (rahvusvaheline õigus) - body of rules that nations recognize as binding in their coundct towards one another
operating law (õigusega töötamine) - ensuring obidieance to regulation ; to have the rights to impliment justice on others
political structure (poliitiline struktuur) - institutions or groups and their relations to each other within political systems as they constitute the political landscape of the political entity
social values (sotsiaalsed väärtused) - larger concept which includes the subjective aspects of the citizens' well-being, such as their ability to participate in making decisions that affect them
civil war (kodusõda) - (armed) conflict between politicalfactions or religions within same county
industrialization (industrialiseerimine) - a large-scale introduction of manufacturing
occupation (okupatsioon) - permanent trade, profession, empouement, bussiness or means of livelihood or possession of real property or use of a thing
court ruling (kohtumäärtus) - a decision made by court
precendent (pretsedent) - judicial decision that serves as an authority for deciding a later ( similar ) case
equity ( õiglus ) - system of jurisprudence founded on principals of natural justice and fair conduct
to appeal (edasi kaebama ) - application or proceeding for review by higher court to change precious decision
to solve a dispute (konflikti lahendama ) - finding a solution to a conflict
to force someone (kedagi sundima) - making someone act in some way against their own will
to fulfill a contract (lepingut täitma) - to complete the obligations from the contract that were given to each party
to pay damages ( kahjutasu maksma) - sum of money needed to be paid for the loss
beneficiary ( kasusaaja ) - person entiteled to recieve fund or other property under trust , will or insurance policy
avoid taxes (makse vältima) - legally finding a way to pay less for dues
evidence (tõestusmaterjal) - information drawn from personal testimony, a document , or material object , used to establish facts in a legal investigation or admissible as testimony in law court
inherit (pärima) - gain a possession of someone’s death
to challenge a decision (otsust vaidlustama) - questioning the truth behind someone’s decision
sequel ideology (ideoloogia järg ) - principle of the seperation of goverment institutions and persons mandated to represent the state from religious institutsion
criminal code (kriminaalseadustik) - a document which complies all or significant amount of particulal crimnal law
unbiased (erapooletu) - to be fair and likely not support particular party of the case
consumer (tarbija) - an indicual who purchases services and merchandises
binding agreement (siduv kokkulepe) - an agreement in writing between two or more individuals or entities in which a court can impose penalties in case one party does not fulfill the obligations
tort (seadusevastane tegu) - a civil wrong , intentional or not, from which injury occurs to another
reputation (reputatsioon) - person’s good name, honor or what the community thinks of him/her
property (vara) - something that is owned by a person (bussiness, land, building etc)
to administer property (vara haldamine) - to manage some kind of property (bussiness, land, building, real estate )
family law (perekonnaõigus) - an area of the law that deals with matrimonial matters and domestic relations ( marriage , civil unions, child abuse, divorce , adoption)
unjust enrichment (alusetu rikastumine ) - when a person unfairly gets a benefit by chance , mistake or another's misfortune
legal remedies (õiguskaitsevahendid) - the way a right is enforced by a court of law when wrongful act is imposed upon another individual
procedure (menetlus) - the official and proper way of doing things in a legal case in certain way or order
victim (ohver) - a person who has been attacked, injured, robbed, or killed by someone else .
beyond reasonable doubt (väljaspool mõistlikku kahtlust) - the standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived
on the blanace of probabilities (tõenäosuse tasakaalul põhinev) - the standard of proof in civil cases , demanding that the case that is the more probable should succeed (51%)
suspect (kahtlusalune) - a person believed to have committed a crime
plaintiff ( hageja ) - someone who brings a lawsuit against someone into civil court
defendant ( kostja ) - a person being sued or accused of a crime
admissible as evidence (tõenduskõlblik) - evidence which is found useful in helping the trier of fact and lawfully obtained
trespassing (eramaale sisse tungima ) - the act of walking on private property
offence ( väärtegu ) - wroungful act; act against law
negligence (hooletus) - carelessness or not paying attention , causing someone or something to be at risk of being harmed
to qualify (kvalifitseeruma) - to be entitled to something or to fit the requirements of something
the right of audience (???) - a right of a lawyer to appear and conduct proceedings in court on behalf of their client
to draw up a will (testamenti koostama) - to compose a legal document that tells what a person wants to have done with their property after their death
legitimation (seadustamine) - according to law; lawful
professional title (kutsenimetus) - a word that is used before someone’s name, stating their social rank, qualification
law- firm (õigusbüroo) - a business formed by one or more lawyers to engage in the practice of law
liable (kohustatud) - legally obligated or responsible
stock market (aktsiaturg) - a system or program by which the buying and selling of stocks is conducted
transaction (tehing) - an exchange, or an instance where business is done or something is bought or sol
legal profession ( advokatuur ) - the body of individuals qualified to practice law in particular jurisdiction
welfare right (heaolu õigus) - the legal entitlement to services provided for in social policy
immigration (immigratsioon) - relocating permanently to a foreign country; the number of people entering a country or region during a specified period
fee playing client (tasu maksev klient ) - person who pays directly for the service
subsidise (toetus) - to support financially
political crime (poliitiline kuritegu) - an offence involving acts which prejudice the interest of state, its goverment, or the political system
emergency (hädaolukord) - sudden, unexpected situation that causes the need to take immediate action
to be entiteled to do something (õigus millegi tegemiseks) - to have a right to do or have something
goverment funded legal aid (valitsuse rahastatud õigusabi) - money given to people who are unable to affor legal repesentation and acess to the court system
to regulate competence (pädevude regulatsioon ) - to control or adjust adequacy
professional examination (ametialne eksam ) - a test taken in order to get qualification for certain occupation
preparorty course (ettevalmistus kursus) - a class which will prepear person for certain subject ’s examination
to sue somebody (kedagi kohtusse kaebama) - to file a lawsuit agains someone who commited a crime
to be impartial (erapooletu) - to treat rivals or disputants equally
to prove quilt ( süüd tõestama) - to demonstrate the truth of that someone has commited a special offence or crime
to transfer (ülekandma) - to move , carry or transport from one person or place to another
original court (algupärane kohus, I astme kohus) - the court where case is heard for the first time
appellate court (apellatsioonikohus) - higher level court which hears the appeals from orginal court
jurisdiction (kohtualluvus) - the power or authority to decide legal cases
criminal matter (kriminaal asi) - wrongful act that is considered unacceptable and described in Penal Code
to adjudicate on the dispute (kohtuotsust langetama konflikti kohta) - judicially making a decision about who is right
amount of the claim (nõude summa) - amount payable on the maturity of a policy or when a claim is raised
probate (testamendi kinnitamine) - to establish that a will is valid
divorce ( lahutus ) - legal ending to a marriage; complete separation
Roman law ( Rooma õigus) - the code of laws of ancient Rome: the basis for the modern legal system in many countries
single judge (üksik kohtunik ) - judge who hears the case alone
sitting without a jury (istung ilma vandemeesteta) - case in court solved only by a judge
respondent (kostja, küsitletav) - someone who answers something, or the defending party in a law case
matrimonial matters (abieluasjad) - things in law which relate to marriage and family
guardianship (eestkoste) - person who has or is entitled or legally appointed to the care and managment of the person or propert of another person
adoption (adopteerimine) - act or process in which case obligations and right of a child are given to new family
illegitimate children (abieluvälised lapsed) - kids born outside the marriage
leave (luba) - permission to do something
consent (nõusoleks) - to agree to do or allow something
to overturn something (midagi ümberpöörama) - to decide that something is wrong and change it
presonal injury case (kehaline/mentaalne vigastuse juhtum) - legal term for damage to the body, mind or emotions , as opposed to damage to property
the amount of damages awarded (määratud kahjutasu) - sum of money, given to the plaintiff, victim to punish someone (defendant)
remedy (abinõu) - the way a right is enforced
wronged party (ülekohut saanud osapool) - indivual who has been treated unfairly or unjustly
wrongdoer (kurijategija) - person who has done something that is morally or legally wrong
wrongful conviction (väär süüdimõistmine) - punishing someone for a crime they did not actually commit
domesti violence (koduvägivald) - the affliction of physicall pain against another person in intimate relationship such as marriage and dating
shoplifiting (poevargus) - to steal things from a store
aggrieved shopkeeper (kahju saanud poeomanik) - store owner who ha suffered from unfair treatment
decision to prosecute (süüdistusotsus) - deciding wether there is a reasonale prospect of conviction
conflict of interest (huvide konflikt) - situation in which a person or organisation is involved in many interests, financial or otherwise, one of which could possibly corrput motivation or decision-making of that indivudal or oganisation
to drop charges (süüdistusest loobuma) - dismission of a case (evidence, reevulation of evidence, failure of witnesses to cooperate)
overburden (ülekoormus) - to give someone or something too much work
discretion ( valikuvabadus ) - the power or right to decide or act according to oneõs own judgment
caution (ettevaatus) - a spoken official warning given to wrongdoer who has not commited as serious crime
public interest (avalikhuvi) - the well-being of the general public, commonwealth
(to issue) formal warning ( ametlikku hoiatust väljastama) - making a recorded warning with consequences know to the wrongdoer
summary offence (väärtegu) - petty crime which is heard by magistrate alone, no jury trial needed, wrongoder does not have to be present in the hearing (minor assault, property damage, offensive behaviour)
motoring offence (sõiduvahendiga sooritatud kuritegu) - a crime commited which concerns driving
excess of jurisdiction (jurisdiktsiooni ületamine) - court’s acting beyond the limits of its power
indictable offence (kuritegu) - serious crime which is ruled by jury and with enough evidence, wronger will be charged with felony ( aggravated burglary, indecent aussalt, murder , arson)
to conduct a preliminary enquiry (eeluurimine) - to collect enough evidence to prove the case which then will be commited to trial
to discharge the case (juhtumit tühistama) - in case of not enough evidence to prove the case it will not be taken into trial
to pass sentence (kohtuotsust väljakuulutama) - to officially say in court of law what a criminal’s punishment will be
to insist on something (midagi nõudma) - to demand something to happen or someone to do something to presuade
adjudication (kohtuotsus) - the legal process of resolving a disupute
limited jurisdiction (piiratud pädevus ) - power of a court to hear certain types of cases
employer ( tööandja ) - a person or institution that hires workers
employee (töövõtja) - someone who is working for company, organisation, person or communty
welfare system (hoolekandesüsteem) - provision of minimum well-being
dismissal (vallandamine) - the end of an employee’s contract with employer
expert assessor (eksperthindaja) - professional assisstant in a fiel to a judge or magistrate
judging panel ( kohtunikekogu ) - set of judges who hear a case of action
judicial review (juriidiline läbivaatus) - a higher’s courts examination of a lower court’s factual or legal findings
legal aid (õigusabi) - money provided by a special organization to pay the legal fees for people who can not pay for it themselves
commerical disputes ( kaubanduslikud konfliktid) - any disagreement two or more bussinesses
supplier of good and services (teenuste ja kaupade tarnija) - someone who provides/ orders products and offerst assistance
consumer (tarbija) - someone who buys good and services from supplier
independent third party (iseseisev kolmas osapool) - individual who is not part of the actual dispute, but has the knowledge to decide on which party is right
to take place in private (privaatselt aset leidma) - to occur when no one else is present
natual justice (loomuõigus) - to concern procdural fairness and ensure a fair decision is reached
award (otsus) - the decision made by arbitrator
trade association (kaubandusühik) - group of people or companies in particular bussiness organized to promote common interest
deposit ( hoius ) - moey paid as an earned or securty for the contract; placing money into bank
two- tier system (kahetasemeline süsteem) - court with 2 levels
access to justice (juurdepääsetavus õigusele) - a right to seek and obtain legal aid
attorney ( advokaat ) - someone who is legally qualified to prosecute and defend actions in court
prosecutor ( prokurör ) - an official in charge of prosecutinh important cases
judge (kohtunik) - a public officer chosen or elected to administer law
barrister - counselor who is learned in law and who has been accepted into Bar
solicitor (vandeadvokaat) - lawyer who handles primary office work
Bar (advokatuur) - collective of lawyers working in legal field
applicable (kohaldatav) - capable of being applied, relevant or appropriate
distinguish ( eristama ) - to argue that the rule in one appeals court decision does not apply to particular case although there is an appearant simalarity
cite ( viitama ) - to make reference to a decision in another case to make a legal point in argument
Procedual law (menetlusõigus) - the body of law that prescribes formal steps to be taken in enforcing legal rights.
Substantive law (materjaalneõigus) - the part of the law that creates, defines, and regulates rights; the essential substance of rights under law.
decree (seadlus) - a decision or order of government or judicial body
eligible (valitav) - capable of being chosen
fair trial (õiglane kohtupidamine) - parites are treated equally by independent and biased judges
code (seadustik) - a collection of laws
libel matters (kirjalik laim) - in written text saying terrible things another person
slander matter ( suuline laim) - to say terrible things about someone verbaly
sole proprietor (füüsiliselt isikust ettevõtja ) - person who owns business, distinguished from a partnership or corporation
1. Prescriptive and descriptive law
Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. Some laws are prescriptive: they prescribe how people ought to behave.
In all societies, relations between people are regulated by prescriptive law out of which some are customs – informal rules of social and moral behaviour. Breaking these rules may lead to penalties.
Governments are motivated to make and enforce laws because of various reasons : social control, implementation of justice and common sense. Although making and enforcing laws is a way for government to show their power, they also combine many purposes and inherit many traditions . When governments make laws, they use a system of courts backed by the power of the police to enforce these laws.
The laws made by the government of one country are often very different from the laws of another country and because of that it is difficult to write a general introductory book about law today . Laws are different in every country mostly because of the culture differences and historical background.
Government - organization which controls a state or community
Penalty - punishment fixed by law, as for a crime or from any soical groups
Justice - the process or result of using laws to fairly judge and punish crimes and criminals
Law - a rule made by the government of a town, state, country, etc.
System of Courts - organization applying law in the name of states
Enforce - to compel someone to abide by a rule, law or order.
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2. Sources of law (general)
To understand why country has a particular legal system, it is necessary to look at its history, political structure and social values. 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 behaviour. In history, when the laws were not written yet, the life was organised 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.
Political structure - institutions or groups and their relations to each other within political systems as they constitute the political landscape of the political entity
Social values - larger concept which includes the subjective aspects of the citizens' well-being
Amend - to modify or alter something
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3. Common law
Common law has developed through the history and originates back to the 11th century ’s England . Travelling judges moved around the country solving different criminal cases and civil disputes. The most important part of common law is precedent. It means that in case essential elements of the case are the same as in previous recorded cases, judges are bound to reach same verdict. Government passing new legislations if they feel existing common law, statues or equitable, help courts to avoid the obligation to use precedent.
Common law used to be divided into two: common law, equity. Equity cases were not enforced as common law and was mostly used to make someone do something, such as force someone to follow obligations of the contract. Common law has spread all over the world because of the once owned colonies of Britain , especially Unites States. Judges in common law cannot directly support their decisions by cases from another county, but it is permissible to note such evidence.
Verdict – decision reached
Judge – person who adjudicates on disputes, resolves disputes
Legislation - laws and rules made by the government
Statue - a rule of conduct or action laid down by a governing authority and especially a legislature
Equity - system of jurisprudence founded on principals of natural justice and fair conduct
Obligation - something one must do because of prior agreement
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4. Continental law
Continental systems are known as codified legal systems. Continental law lawmakers were often influenced by canon law of the Roman Catholic Church , but the most important models were the codes from 7th century under the direction of the Roman Emperor Justinian.
It has resulted from attempts by government to produce a set of codes to govern every legal aspect of a citizen’s life. Legislators find it more important to speculate human behaviour rather than previous cases. Many countries have looked to the example of France when codifying their laws. Revolutionary France wanted to break with case law, which often produced corrupt and biased judgments.
Lawmakers in nations want to show that their citizens’ legal rights originate in the state and not in local customs and state makes laws not court. To separate the roles of the legislature and judiciary , it was necessary to make laws clean and comprehensive.
Biased - unfairly showing favoritism towards something or someone
Judiciary - a person or thing associated with a court of law or judges
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5. Civil law
Civil law concerns disputes among citizens within a country. Main categories of English civil law are: contracts (binding agreements between individuals, companies), torts (wrongs committed against a person, individual’s property, or reputation), trusts (arrangement to administer property for another person’s benefit), probate (arrangement to deal with property after owner’s death), family law.
In Estonia civil law categories are usually: law of property, law of obligations, family law, law of succession, commercial law, intellectual property law, private international law.
In civil law plaintiff brings case against defendant into court and has to prove case “on the balance of probabilities”. Court will weigh all the evidence and decide what is most probable. Once plaintiff has shown that the defendant is liable, the main argument in civil court is about the amount of money or damages, which the defendant should pay to the plaintiff.
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6. Public law
Public law concerns disputes between citizens and the state, or between one state and another. The main categories of public law are: crimes (wrongs which are considered to harm the well-being of society in general), Constitutional Law (regulation of how the law itself operates) and International Law (regulations of relations between governments and private citizens of one country and another).
In Estonia the main categories are: constitutional law, administrative law, tax law, penal law and procedural law.
In public law prosecution brings case against defendant into court and has to prove the guilt “beyond reasonable doubt”. Standards of proof in public law cases are usually high, because defendant does not only face financial penalties, he or she might also be convicted or even executed.
Defendant can be made to pay for all the proceedings and court can also decide the awarded damages to the victim
Crimes – illegal or immoral activities
Prosecution – criminal court proceeding against someone
Guilt – the state of having broken a law
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7. Classification of courts (general)
Courts can be classified according to their functions. Usually there are two ways to classify them.
Courts can be classified as courts of civil and courts of criminal jurisdiction. Civil courts solve the disputes between individuals and in criminal courts the parties are a individual and state.
Courts can also be divided into original and appellate jurisdictions. The court where case is first heard is called original court, also known as court of first instance. In almost all cases it is possible to appeal to a higher court for reconsideration of the decision of the original courts to appellate courts.
It is important to remember that these two classifications are not always valid. There are courts which exercise jurisdiction in civil and criminal cases. Also not all the courts have appellate jurisdiction, like for example magistrate’s jurisdiction. The European court itself is completely independent classification of courts.
Jurisdiction - the power or authority to decide legal cases
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8. Civil courts (general+your home country)
Civil courts deal with civil actions (an official complaint , made by a person against another person who is said to have done sth 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).
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9. Criminal courts (general+your home country)
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.
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10. Classification of offences (general)
After the decision to prosecute the case will eventually be heard in courts. Like civil actions, criminal offences vary in seriousness and complexity .
One of the way to classify offences is to divide them into first-degree and seconddegree offences. Main difference between these two is that first-degree offences are intentional, while second-degree offences are unintentional. Other way to classify offences is to divide them into felonies and misdemeanours, also known as crimes against objects.
Most common way is to divide criminal into 3 types of offences. Summary offences which are the less serious offences, such as motoring offences, and do not requier a jury to make a decision. Indictable vases are the most serious offences in which enough evidence is collect is sent to trial. Triable offences are triable in either way and can be commited in minor or serious way.
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11. Classification of offences (your home country)
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 crimes (an illegal act).
Misdemeanors can be tried by court (a place where trials and other legal cases happen) or by a body conducting extrajudicial proceedings. The main punishment for misdemeanor is a fine or arrest (if the police arrest someone, they take them away to ask them about a crime that they might have committed). The lawbreakers must pay 12-1200 euros or they can be arrested for 1-30 days . Arrest can be sentenced (a punishment given by a judge) only by a court. Legal persons (a company that has full legal rights and responsibilities according to the law) may be imposed fines ranging from 32 to 32,000 euros.
Crimes can be first and second degree crimes. The first-degree crimes are the most serious and can be penalized (to punish someone) by imprisonment (to put into prison) over 5 years or a life imprisonment. Imprisonment can penalize second degree crimes up to 5 years or a fine.
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12. Civil procedure
Civil law, or private law, concerns disputes among citizens within a country. The main categories of civil law are contracts, trusts, probates, and family law.
Crimes in civil procedure which have been committed against an individual are called torts and are tired in civil courts. Tort can result without intent to cause harm on the wrongdoer’s part. Torts are for example: trespassing, invasion of privacy and fraud. Party bringing the civil action is called plaintiff and the other party is known as defendant. Plaintiff is required to prove his or her case on the balance of probabilities. Victim can pursue his or her claim for compensation.
Court will weigh all the evidence and decide what is most probable. Once the plaintiff has shown that the defendant is liable, the main argument in civil court is about the amount of money or damages which the defendant should pay to the plaintiff. ____________________________________________________________________
13. Criminal procedure
Criminal law, or public law, concerns disputes between citizens and the state or between two states. The main categories of public law are crimes, Constitutional Law, and International Law.
Crimes in criminal law are wrongs committed against society and are tired in criminal courts. Crime requires a criminal intent (mens rea). Crimes are for example: assassination, kidnapping, statutory rape .
Party bringing the criminal action is called prosecution and other party is known as defendant. Prosecution must prove the guilt of a criminal beyond reasonable doubt. Criminal court may force a defendant to pay the legal costs of the prosecution or compensations to victim.
Standards of proof are high since the loser risks not only with financial penalties, but also being convicted or even to be executed. Wrongdoers can receive also sentences such as: custody , community orders, fines, discharges
Custody - care of a person or thing, generally under court orders, or the state of being held by force Discharge - to release, unload or dismiss
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14. Tribunals
There are over 50 tribunals, each with its own jurisdiction. Tribunals may have many different names such as commission, committee , court. In some countries, like in United Kingdom, tribunals are the lowest level in court system, but in some countries, like Estonia, it is not part of court system.
Tribunals are subject to judicial review which examines reasons for their decision and if made decision was in their power. Councils on tribunals check the openness, fairness, and impartiality, but have no actual power other than advising government about the problem they have found out about.
Judging panel (a group of people who judge in tribunals) consists of 3 members. Lawyers do 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. For ordinary people tribunals are very important, because it increases the points of access to justice. Good things about tribunals are that it’s not too formal, it is faster and cheaper , it also has necessary expertise. On downside, less formal, faster, and cheaper option might result in poor quality service.
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15. Arbitration
Arbitration is a private means of adjudication, arranged and agreed between the parties who are having a dispute.
Parties in dispute place their dispute in the hands of an independent third party and gives him or the the power to decide on the issue. Arbitrator is someone who has expert knowledge in the field and arbitration takes place in private. Oral hearings are rare , but if the dispute is fairly straightforward, the parties may agree to waive of a formal hearing. In most of the cases arbitrator just reviews written documents and makes an award.
Arbitration has many advantages. First of all, independent third party is usually an expert knowledge in law and about the field the disputes is in. Secondly, arbitration is not as expensive , because process is kept simple and not as formal. Finally , disputes solving duration is short and can be arranged within days. On downside, less formal, faster, and cheaper option might result in poor quality service. ____________________________________________________________________
16. Work of lawyers: notary public and prosecutor
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.
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17. Work of lawyers: judge and attorney-at-law (sworn advocate)
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 (facts or signs that show that sth exists or is true) and makes a judgment (an official legal decision).
In Estonia a judge must speak good Estonian on level C1, have at least Master’s degree at law and have high moral character .
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18. Legalese
Legalese is a way of talking or writing with legal terms in legal professions, but mostly by lawyers. It has specific features which can make it difficult for the nonlawyer to understand.
Legalese is quite difficult to understand. For example, legalese uses a lot of lend words , especially from Latin , which are unknown for non-lawyers. People also do not understand specialized words, because they might have completely different meaning. Another downside are the long complex sentences with very little punctuation.
Legalese is a way for lawyers to show their competence in legal field which makes them more trustworthy. Using legalese helps to prevent loopholes, because lawyer’s drafted documents might be tried to be construed. Legalese helps to educate people and protects their rights, because everyone must sign a legal document at some point of their life.
Legalese can be confusing to many, but it must be used to protect the rights of people. People should be encouraged to use it to avoid injustice in the future.
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19. Provision of legal services
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
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20. Separation of powers
Theory of separation of powers comes from the French political scientist and it says : liberty does not exist when the legislative and executive powers are united in the same person or in the same body of magistrates. There is also no liberty when judiciary power is not separated from the legislative and executive power. Separation into legislative, executive and judiciary branches is a traditional way of separation of powers. Some countries, like Great Britain find this system impractical and system of government does not conform it. In United States the executive power belong to the president , the legislature power to senate/house of representatives and the judiciary power to Supreme court, but government does not really conform to this system as each body exercises control over other through complex system.
In Estonia, the legislative power is carried out by Riigikogu, executive by The Government of Estonia and judiciary by our independent courts.
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