Sissejuhatus inglise õiguskeelde (1)

Contents

What we learn: 3
Case brief 4
HOMEWORK - Academic writing 4
HOMEWORK 5
Terms to explain : 5
Retelling 6
2 ways to classify the courts: 6
When to apply the European Court of Justice? 6
The decision to prosecute 6
Erinevad kuriteod: 6
WORDS 7
TOPICS for the prelim 19
Use 10 terms and retell 19
HOMEWORK 22
Explain and retell the text! Not examples , but the terms 23
Zhu or Chan case: 23
Academic writing 23
Terms to explain 27
Common law 28
Continental law 28
Terms to explain: 29
Speech – How are laws made in Estonia? 29
Are the laws necessary for the society to exist ? 32
Terms to explain 33
Criminal procedure 33
Civil procedure 34
Terms to explain 35
Terms to explain 35
Court reform 36
CHANGES : 38
Civil courts 38
Terms to explain: 39
Terms to explain: 39
Classification of courts in Estonia 40
Terms to explain 41
Speech 41
How to become an attorney at law? 41
Terms to explain: 42
Common law 44
Continental law 44
Criminal procedure 45
Civil procedure 45
How to become an attorney at law? 46
11.02.09
INGLISE KEEL
Palju aega läheb.
10 nädalat aint.
One of the ESP courses.
What we are going to do, what is needed:

• What we do - 1 test, on words.
  
• 2 Essays , that means that we have to look into academic writing Any dictionary will do, but the best is Black’s Law dictionary
  
• Homereading – we read a case from European Court of Justice thingy.
  
• Oral thing .
  
• 90% you have to attend
  
• Have to prepare for class and take part of it etc
  

What we learn:

Terms
Expressions / collocations (nt obey/abide by the law)
Explaining
AWOL – absence without a leave
Legal English can be divided into 3 levels. We learn the first one, which is needed for the other two! You have to know the vocabulary etc. Second level has to do with legal contracts... The third level both 1 and 2 and explaining...
We learn the vocabulary + explaining.
Process of law- making  draft law/ bill (seaduseelnõu) is developed  draft is sent to the parliament readings(amendments made to the law (seadusemuudatused) pass / adopt the lawpass on to the president proclame (väljakuulutama) or veto or sent to supreme court ( riigikohus )  (may declare it un-constitutional)it has to be published in the state gazette ( riigiteataja )
Vald – rural municipality
Kihelkond - parish
Come /enter into force - jõustuma
Legislative bodys – seadusandlikud organid
Search this case!!!!
Curia.europa.eu
Eur-lex.europa.eu
c-200/02
Zhu
Chen
12.02.09

Case brief

You have to know the name and nr of the case (ex Zhu or Chen)
When I answer home reading –start with the name and nr of the case. And then the parties . (preferably „ Full court“). Then the relevant problems and events . Let the details be. The next one is – what was the question that was asked from court. (Normally very concrete question). Then the decision of the court with my own words. (5 things all together!):

Name and nr of the case

The parties ( there is a trick – queen v Smith might mean state v Smith (in UK) a not criminal case; people v Smith – it is a criminal case; Brown v Smith means that it’s a civil case.)

Relevant problems and events (no details!)

What is the question asked from the court? (concrete)

The decision of the court (in my own words)
(Read the Miranda rights / case, Microsoft case, they are landmarks .) ( http://en.wikipedia.org/wiki/Ernesto_Miranda ; http://en.wikipedia.org/wiki/United_States_v._Microsoft )
When we retell, we concentrate on the terms, not on the examples etc.
NB! Märkmeid võib teha ja TÕLGI KINDLASTI ETTE ÄRA JUBA!!!!!!!!!!!!

HOMEWORK - Academic writing

Title
Introduction
Body
conclusion
Lõikude vahele 1 rida, taandrida ei jäeta!
Argumendid millegi poolt, argumendid millegi vastu. Väldime I-vormi, vaid kasutame passive -vormi. Lõhikesi vorme ei kasutata! (don’t)
150 sõna – Teema – “should mery- killing be punished ?”

HOMEWORK

Terms to explain:

Nation - a country , especially when thought of as a large group of people living in one area with their own government , language , traditions , etc:
Stranger – someone whom you do not know
Citizen - a person who is a member of a particular country and who has rights and obligations because of being born there or because of being given them
Penalty - a punishment for doing something that is against a law
Government - the group of people who officially control a country
System of courts - a set of connected positions which operate together to ensure … ?
To commit a crime – to do sth that is forbidden by law
Corruption - illegal , immoral or dishonest behaviour, especially by people in positions of power
Fine ( trahv ) - an amount of money that has to be paid as a punishment for not obeying a rule or law
Suspension - when a person is temporarily not allowed to work , go to school or take part in an activity , as a punishment
Prosecution - to officially accuse someone of committing a crime in a court of law, or to try to prove that a person accused of committing a crime is guilty of that crime
Injury – bodily harm , damage
Public opinion – sth that most of the ppl in a society think of sth
Simple majority - sth is voted for or against by not more than half of the votes altogether
Absolute majority - when more than half of the ppl (voting) is for or against sth
To be guilty of a crime – to have done sth illegal
Abuse - to use or treat someone or something wrongly or badly, especially in a way that is to your own advantage
Property - an object or objects that belong to someone; a building or area of land, or both together
Dangerous driving – to drive recklessly and without any fear or respect
Loss - when you no longer have something or have less of something
International law - the set of rules that most countries obey when dealing with other countries
Operating law – the set of rules that one country and its people obey
Legal system – an area ( of countries) that follow the same kind of rules????

Retelling

Explain and retell the text! Not examples, but the terms and expressions.
Think about the terms, play with the terms, and put them into right contexts. 7 terms!
Think about the structure! Introduction  body  conclusion = well structures . NO new information in the conclusion!

2 ways to classify the courts:

By their functions and by their levels.

When to apply the European Court of Justice?

When it has to do European Law and EU. And when there is a pending case (pooleliolev kohtuasi ), the courts here (ex in Estonia) can ask the European Court of Justice for advice .

The decision to prosecute

• Who? General rule – any private individual can bring a prosecution –
  
  • ‘private prosecutions’
    
  • 2.4%
    
  • Domestic assaults
    
  • Shoplifting
    
  • 
    
• Actions instigated by the police
  
  • Greatest nr of prosecutions
    
  • Police officels – advocates (some cases ) (tõid tõendied ise väja)
    
  • Wasn’t ideal
    
  • 
    

Erinevad kuriteod:

Arson , public theft , robbery, computer crimes, reckless driving, DUI, espionage , kidnapping, homicide , terrorism, littering, loitering, rape , manhandling, abuse, murder, hijacking, blackmail, stabbing, hit and drive accidents, trespassing, poisoning,

WORDS

Explain without the word itself, describe it, if possible, give synonym and example.
Vald – rural municipality
Kihelkond - parish
Come/enter into force - jõustuma
Legislative bodys – seadusandlikud organid
Law: break, infringe, breach ((nt seadust) rikkuma), violate((õigusi)rikkuma).
Law: pass, adopt (SEADUST vastu võtma)
Law: repeal (tühistama)
Law making process ; draft law – seadust tegema
Conclude a contract – lepinguga nõustuma
Breach a contract – lepingut rikkuma
Fulfill / perform a contract – lepingut järgima
Abide by law – seaduse järgi käituma.
The state governed by the rule of law - õigusriik
To impose sth on / upon sb – midagi kellelegi määrama, peale määrama (taval neg )
to impose taxes / speed limits / …
custom – toll; tava
celebrating a bday
Nation – riik
to enforce – täitmise tagamine
law enforcement
citizen – a citizen has accepted some duties, but also has rights - kodanik.
apply for citizenship – kodakondsust taotlema
apply to (the court) - kellegi poole pöörduma
application law – rakendusseadus
Constitution – põhiseadus
applicable – rakendatav
inapplicable – rakendamatu
application – taotlus
to submit / hand in an application – avaldust sisse andma 2
Citizenship Act – kodakondsusseadus
Law on citizenship – kodakondsusseadus
Alien (foreigner) – võõra-, välismaalane
Alien’s office – välisministeerium
Non-citizen – mittekodanik
Penalty; punishment - karistus
Fine – trahv
Enforceable – täideviidav
Law making process - Seadusloome prostesse
System of courts; judicial system- kohtusüsteem 2
3 – instance / 3- level court system – kolmetasandiline kohtusüsteem 2
Administrative courts – halduskohtud (level 1)
County court – maakohus (level 1)
Trial court – esimese astme kohtud (arutavad kohtuasju)
Circuit court – ringkonnakohus (2 level)
Supreme court – riigikohus (3 level)
Judge – kohtunik 1 ja 2 levelil
Justice – kohtunik 3 levelil
Chief justice - riigikohtu esimees
Commit a crime – kuritegu tegema
Police – ARE – alati mitmuses
Corruption – korruptsioon
( Informal ) rule of conduct – eetikakoodeks
Provide - ei ole seadusega sätestatud ?????
Law provision – seadusega sätestamine
Compensate; ( benefit ); indemnify (kindlustusega seot); reimbursement, award damages– hüvitama, kompenseerima
Insurance indemnification
Suspend – mingiks ajaks kõrvaldama
Dismiss; fire – vallandama
Prosecution – kohtulikule vastutusele võtmine
Prosecutor’s office – prokuratuur
Under this or that law – selle või teise seaduse järgi (nt süüdi mõistetud)
According to; pursuant to this law – vastavalt sellele seadusele 2
Injury; bodily harm (BH)- vigastus
Claim – nõue
To file a claim with sb – (kellegagi hagi esitama); nõuet esitama
To bring an action – hagi alustama
To find sb guilty – süüdi mõistma
Not guilty (innocent) - süütu
Verdict – otsus, mille teeb vandekohus
Judgment – kohtuniku otsus
Prison – vangla –(taval kauem)
Jail – vangla (taval pool-aasta aega)
Serve a sentence – karistust kandma
Offence (crime); felony;– süütegu, kuritegu 3
Misdemenour – väärtegu, tavaliselt väike (nt trahviga karistatav)
Public law – avalik õigus
Private law – eraõigus
Civil law – eraõigus
Implementation – kohaldamine, rakendamine
To administer justice – õigust mõistma
Public opinion – avalik arvamus
Majority - enasmus
Fair trial – õiglane kohtupidamine
Define sb guilty of sth – süüdi millestki
Mercy -killing - eutanaasia
Abuse – kuritarvitamine
Balance and Separation of powers – võimude tasakaal ja lahusus
Judicial power – kohtu võim
Legislative power – seadusandlik võim
Executive power – täideviiv võim
Property – vara
Immoveable or real estate – kinnisvara
Moveable property – vallasvara
Pressure group – survegrupp
Common sense – terve mõistus
Reckless; Dangerous driving – hooletu sõitmine
Loss – kaotus, kahju
Solely – ainult
Sole right, Exclusive right – ainuõigus
Sole proprietor, self employed – FIE (füüsilisest isikust ettevõtja)
Inherit – pärima
To bequeath – pärandama
International law – rahvusvahline õigus
Operating law; the law in force – kehtiv õigus
This law or act in valid – see seadus või akt on kehtiv
Invalid – kehtetu
Ius soli – you gain the citizenship of the country in which you are born.
Pending case – “käibel” olev kohutasi.
Citizenship – you live in this country and you have obligations to the country and you have rights from. – KODAKONDUS
Nationality – ppl with the same nationality often share common origin, language, cultural background. – RAHVUS
NB! In some countries “nationality” means “citizenship” (ex USA)
To remove sb from office – töölt lahti laskma
Term of office – aeg, milleks inimene tööle määratakse (nt president 4 aastat)
To appoint sb to office – tööle määrama?
Misuse – usually no malicious attempt.
Abuse – more like when you do it with you malicious attempt – kuri tahe
Property law / law of property – asjaõigus
Moveables
Immoveables
Common sense – rational, reasonable thinking.
Separation – lahku kolimine nt
Divorce – lahutus
Hate crime – vihkamiskuriteod
CIS – commonwealth of independent states – SRÜ rigid
NIS – new independent states – uued iseseisvunud rigid
Statutory rape – alaealise vägistamine (ei tulene kohtu poolt tehtavatest seadustest ) (ei kasutata pretsedenti)
Case law system – kohtulahendi süsteem
Apply a law – seadust vastu võtma
Implementation law – rakendusseadus
Make law
Law-making law
Interpretation - tõlk – tõlgib suuliselt
Translation – tõlkija, tõlgib kirjalikult
Simultaneous interpretation – sünkroontõlge ( klapid peas, aparatuuriga tõlge)
Consecutive in – järeltõlge ( suuline tõlge ilma aparaadiga)
Whispering intre – sosistades tõlkimine
Under which law was he punished? /What law he was punished under? – milled seaduse järgi teda karistati?
Legislators – seadusetegijad
He filed the claim with the court – ta esitas kohtule nõude
To amend – muutma , parandama
Substantial law – materiaalõigus
Head of state – riigipea ( really safe to use everywhere )
Procedural law – menetlusseadus
Unicameral – ühekambriline ( parlament )
Legislative authority /power – legislatiivjõud
Convene – kokku kutsuma
Accede – ühinema, liituma
Accession treaty – ühinemisleping
Eligible ?– valitav mingile kohale
Ineligible? – ei saa valida seda inimest
Extraordinary elections – erakorralised valimised
Regular elections - ?
Chancellor of justice - õiguskantsler
Larceny, theft – vargus
Adopt a law – seadust vastu võtma
Case law systems – kohtuasi; kohtulahend ????
Court ruling – kohtuniku tehtud otsus
Statute – statuut
To administrate law – seaduste/õiguste tagamine,
Civil disputes – tsiviilvaidlus
Uniform application – seaduste 1kordne rakendamine
Doctrine of precedent – pretsedendi doktriin
Was bound – kohustatud
Binding – kohustuslik, siduv
Unless otherwise provided by law – kui seaduses pole teisite märgitud
The court of equity – parema äratundmise järgi otsustav kohus
Equitable - õiglane
Appealing - appelleerima
Chancellor – kantsler
Solve disputes – vaidlust lahendama
Enforce – sundima
Fulfill a contract – lepingut täitma
Pay damages – kahjutasu maksma
Beneficiary – kellegi kasuks
Bring actions – kohtuasja algatama
Breach of contract – lepingu rikkumine
Specific performance – täitmine natuuras
Trust – hooldusel olev ese või vara
Trust deed – volikiri
Source of law – õiguse allikas
Avoid the obligation to – kohustust välitma
Computer theft – arvuti abil kahju tegemine (nt häkkimine)
Former , ex – endine
Evidence , proof – tõend
Unified – ühine
Codified – kodifitseeritud
inherited – pärima
egalitarian – kõik on võrdsed (pole term)
lawmakers – seadusetegijad
judiciary – kõik kohtunikud kokku
canon law – kanooniline-/kirikuõigus
supersede, replace – välja vahetama /tõrjuma
impact, influence – mõju
challenge – vaidlustama
secular – ilmalik
section – paragrahv (seaduses)
põhiseaduses voib olla sectionite asemel article.
Employment contract, employment agreement, labor contract – töölevõtuleping
By-law – kõik, mis jääb allapoole seadust (määrused, ediktid jne) (usas – sisekorraeeskiri)
Pass/adopt (/enact) a act – seadust vastu võtma
Make/pass/enact legislation
Update /amend legislation – seadusandlust ? muutma
Repeal law – tühistama
Instrument – any legal document
Pressure group - survegrupp
Discharge – kui oled teind kõik, mis oled lubanud (contract)
To contest/challange (a decision)- vaidlustama
Negative order – keeld
Positive order – käsk
Restraining order – lähenemiskeeld
Non-performance/non-fulfillment – mittetäitmine (lepingu puhul)
Award damages – kahjutasu maksma
Unless otherwise provided by law - Kui seadusega pole teisiti sätestatud
Binging – siduv
interpret – tõlgendama
constitutional law- riigiõigus
to challenge the judgement/ to contest the judgement - edasi kaebama
evidence – tõendid
consumer protection – tarbijakaitse
efficient – tõhus
expire one’s shelf life – parime enne möödas,
legal reasoning – õiguslik argumentatsioon
override – tühistama
binding on the case – kohustuslik
applicable TO – millelegi rakendatav, kohaldatav
persuasive – veenev
faction – fraktsioon
elaboration – detailselt välja töötama
develop – üldiselt plaani paika panama (välja töötama)
it is deemed to be - arvatakse olevat (tlevikus)
votes in favour – poolthääled
veto power – vetoõigus
labor/employment law – tööõigus
new types of crimes are committed – uut tüüpi seaduserikkumisi tehakse
claim – hagi, nõue
cases differ in seriousness and complexity – kohtuasjad erinevad tõsiduse ja keerukuse poolest
recovery of debt – hagi võla tagasinõudeks
claim for damages – kahjunõue
arbitrary – omavoliline
arbitration – arbitraaš ( erikohus (eestis pole need lubatud)) (not a judicial way of solving a case) (when 2 ppl have agreed, that sb is an expert , and you give that person the right to solve their problem.)
resolve a dispute
set up a court – looma kohut
a court is easily accessible – (if it easy to get legal help from a court)
sue for debt – võla pärast kohtusse kaebama
plaintiff – advokaat tsiviilasjades ( VIST ???)
mandatory = obligatory - kohustuslik
the case is heard – kohtuasi kuulatakse ära
registrar - kohtusekretär, abikohtunik (eri maades eri asi!!)
assistant judge – abikohtunik
law judge – kaasistujad (pole erialast ettevalmistust)
pretrial – eelistung
preliminary – eel.. (nt preliminary consideration)
in formal atmosphere
rules of procedure
party to.. – millegi pool
conciliation – lepitamine
adversarial – võistlev
expert witness – ekspert tunnistaja
costs are awarded
to give a judgement
to challenge/contest – vaidlustama
increasing access to the court
võistlev vorm
enquiry – juurdlus ; uurimine
labor dispute committee / - nt tööl on vaidlusta lahendaminseks see komitee, et ei peaks kohtusse minema.
Adjudication – kohumõistmine; (ametnikul on õigus kohut mõista (nt politseid)
Adjudicate – kohut mõistma
Jurisdiction is limited by the type
To exceed sth – midagi ületama
Try civil cases - ?
Probate – testamendi kinnitamine (kinnitatud testament )
Divorce
Will – tahe, soov; testament =testament
Draw up a will/make a will – testamenti koostama
Legal aid/legal services
Lay ppl – tavakodanik
Eye-witness – pealtnägija
Witness – tunnistaja vmt (on nt kuulnud vüi näinud, mis juthus)
Appellant - appeleerija
Respondent – kostja
The court sits with 3 members – asja arutatakse kohtulikult kohtuniku ja … ja …-ga.
Chiefly – põhiliselt
Maintenance – ülalpidamine, hoolitsemine
Matrimonial matters – abieluga seaotud asjad
Adoption – lapsendamine
Guardianship - eestkoste, hooldus
Affiliation – ühendamine; põlvnemine tehakse selgeks (isaduse tuvastamine )
Illegitimate children / born out of wedlock – abieluvälised lasped
paternity case – isaduse tuvastamise juhtum
stipendaries - kohtuniku abi (palgaga)
magistrate – kohtunik
with a leave – loaga
to grant a leave/ a permission – luba andma
administer justice – õigust mõistma
consent/agreement – nõusolek
to overturn sth – to cancel sth – tühistama midagi
adjudicate on disputed – õigust mõistma
litigant – hageleja, see, kes kohtus käib
amount of damages awarded – hulk...
case load – asjade hulk, mida arutama peab
adjudicate – mõistab kohut
the wronged party/injury case – see pool, kes kahju kannatas
aggrieved party – see pool, kes kahju kannatas
injured party – see pool, kes kahju kannatas
perpetrator – toimepanija (neg meaning )
the burden of proof – tõestamise kohustus
the accused – süüdistatav
to commit a crime/offence – kuritegu toime panama
to bring the charges – süüdistust esitama
sole/exclusive right to do sth – ainuõigus midagi teha
charge – laadima; süüdistama
to drop the charges – süüdistusest loobuma
defendant – kostja
fair hearing/trial – õiglane kohtupidamine
impose the rules on sb – unpleasant (taxes) – kellelegi reegleid peale panama.
To start criminal proceedings – kriminaalasja avama
Private prosecution – erasüüdistus
Domestic violence - koduvägivald
Battery – peksmine (pidev nt koduvägivallas) vägivalla 1 liik
Shoplifting – vargus poest
Litigation!!!! – kohtuprotsess
Restitution – taastamine
Restitution of administrative court
Chamber for constitutional revue - Põhiseadusliku järelalve kollegium
Adjudicate on - ??? kohtunikuks olema; midagi lahendama
Start criminal proceeding
Private individual – eraisik
Bring an action, prosecution – süüdistust alustama
Private prosecution – erasüüdistus
Aggrieved shopkeeper – kahju saanud poodnik
To institute proceedings – algatama menetlust
Appointment – ametisse määramine
Adversarial relationship – võistlev suhe
Report crimes – teatama kuritegudest
Reported/unreported crimes – teatatud/teatamata kuriteod
To conduct – teostama kohtuliku vastutust
Conflict of interests - huvide konflikt
Collect evidence – tõendusmaterjali koguma
Drop charges – süüdistusest loobuma
Recruitment – värbamine (tööle, organisatsiooni)
The judicial system is overburdened – kohtusüsteem on ülekoormatud
Discretion – kaalutlusõigus
Administer an informal caution – registreerimata hoiatust tegema
Lack of uniformity – ühetaolisuse (ühtsete normide, põhimõtete) puudumine
Shortage – napp (lack – täiesti puudu (suht=))
To commit an offence – kuritegu tegema
To assure uniformity – ühetaolisust kehtestama
Prospect of conviction - Süüdimõistmise tõenäosus
Issue a formal warning – ametlikku hoiatust tegema
Calculate the amount of damages – Kahjutasu suuruse arvutamine
Transfer, sign – üle andma (nt kohtuasja)
Conflict of interests – huvide konflikt
Perpetrator – keegi, kes on midagi valesti teinud.
Consent – luba!!!!!!!!(formal)
Misdemeanors – väärtegu
Indictable – süükspandav
Summary offences – less serious offences (misdemeanors)
Summary proceedings – kiirmenetlus
Without a jury – vandekohut ei ole
Lay magistrates – neile ei maksta
Verdict – otsus (jury oma)
Guilty/not guilty – süüdi, mittesüüdi
Acquit – õigeks mõistma
Impose a fine – trahvi määrama
A maximum prison sentence – suurim vanglakaristus
Excess of jurisdiction – ületavad oma võimu, mis neile antud on
State the case – give reasons
Manslaughter – mitte kavatsetud, tahtmatu tapmine
Arson – süütamine
To conduct a inquiry – juurdlus (uurija)
Acquittal – õigeksmõistmine
Prima facie – as the things seem at first
Pass a sentence – karistust määrama?
To assess the facts – hindama fakte
Appeal against the conviction to the next court level
Discharge – lükkama tagasi, saadatakse edasi (nemad sellega enam ei tegele)
Doppel jepordy – ei saa enam samas asjas süüdi mõista
Burglary – murdvargus
Insist tried by jury – sul on õigus nõuda vandekohuse poolt õigusmõistmist
Indictment – [indaidzment] – süüdistus, süükspandav.
Verdict – otsus,mille teeb vandemeeste kogu
Tribunals – erikohtus; tribunal
Arbitration – suurem mõiste kui ’tribunals’. Erikohus, aga ei pea olema KOHTULIK vmt..
Adjudication – kohtumõistmine
Extra -court adjudication – kohtuväline kohtumõistmine
Limited jurisdiction – tegelevad väga kirtsa valdkonnaga mis neile on usaldatud..
Employers – tööandjad
Employees – töötajad
Welfare system –sotsiaalsüsteem
To dismiss sb – kedagi vallandama
To make sb redundant – koondama kedagi
Labour contract act -
Under the term of employment legislation - Tööseadusandluse ? järgi
Benefit, support, allowance – toetus
Claim – nõue; hagi
Perks = perquisite – Ametihüved
Updating courses – teadmiste täiendamise kursused
To report – aru andma
To be responsible – millegi eest vastutama
To be accountable – kellelegi aru andma (kõrgemal seisvale inimesele vastutama)
Sth is very costly – kallis on midagi väga
Expertise – ekspertiis
Expert assessors – ekspert hindajad
Panel – kohtukoosseis
Case load – kohuasjade arv, mida keegi lahendama peab.
Act as a watchdog –
Judicial review are subject to – kohus võib need asjad läbi vaaadat, nn kohtulik järelvalve
The nature on claims – nõuete või hagide iseloom
Lack of legal aid from the state – riigi poole vähene õigusabi
Article – paragrahv (PÕHISEADUSES eriti)
Section – lõige sellisel juhul
Section – paragrahv
Subsection/point – lõige sel juhul
COMMIT A CRIME ja JUDICIAL on VAJA TEADA EKSAMIL, MUIDU KUKUB LÄBI!
Because

• - results from
  

Administrative tribunal – haldus erikohus
Extra-judicial – pole kohtuga seotud
Parties to the case – kohtuasja pooled
Commercial dispute – äri/kaubandusvaidlus
Suppliers of goods and services – kaupade –teenuste pakkuja , tarnija
Independent third party – sõltumatu kolmas osapool/menetlusväline isik…
Is bound – on kohustatud
It takes place in private – mitteavalikult toimub
Court hears the case in camera – court hears the case in private
Judgement, ruling, award - otsus
Subject to an appeal (to a higher court) – seda võib edasi kaevata
Trade association – kaubandusühing/ühendus (ka erialaühendus)
Trade union – ametiühing
Code of practice – tegevusjuhend , põhikiri, mille järgi midagi lahendada
Claimant – nõudleja
Deposit – sissemakse (sisse maksma, hoiustama)
Advantages – eelised
Informality - mitteametlikkus
Two- tier system – kahetasandiline süsteem
Malfeasance – erialaga seotud kuritegu
Crime:

• Is atrocious
  
• Is brutal
  
• Horrible
  
• Outrageous
  
• Vicious
  
• Violent
  
• Serious
  
• Petty crime – väike misdemeanor
  
• Major crime
  
• Minor crime
  
• Organized crime
  

Sentence:

• Harsh
  
• Heavy
  
• Sever?
  
• Stiff
  
• Light
  
• Suspended sentence – tingimisi edasilõükatud
  
• Prison sentence
  

Case:

• Pening case – Pooleliolev kohtuasi
  
• Boarding case – kahe asja vahele java kohutasi (et seda saab 2 moodi lahendada)
  
• Very clear case
  
• Strong case
  
• Convincing case
  
• Test case – (kuidas midagi lahendama)
  
• LANDMARK CASE
  

Judgement:

• Fair
  
• Just
  
• Unfair
  
• Unjust
  
• Unanimous - üksmeelne
  
• (un)favourable – kellegi jaoks hea, soosib kedagi
  

Follow privileged communication rules – järgima seda, et nad ei räägi teistele, mis neile usaldatud on.
Good command of a langue – valdab keelt hästi
To be eligible – olla valitav
Legalese – õiguskeel
Valid – kehtiv
Testator – testamendi tegija
Consumer protection committee – tarbijakaitse
Child protection services – lapsekaitsemingivärk
Labor dispute committee – töövaidluskomisjon

TOPICS for the prelim

Use 10 terms and retell

Prescriptive and descriptive law

Sources of law (general)

Common law

Continental law

Civil law

Public law

Classification of courts (general)

Civil courts (general + Estonia)

Criminal courts (general + Estonia)

Classification of offences (general)

Classification of offences (Estonia)

Civil procedure

Criminal procedure

Tribunals

Arbitration

Work of lawyers: notary public, prosecutor

Work of lawyers: judge, attorney-at-law

Legalese

Provision of legal services outside the profession

Separation of powers
Case brief words:
Miscellaneous – mitmesugune
(E)ECTreaty - Strictly speaking, there is no specific document called the `EC Treaty'. The term generally refers to the original TreatyOfRome, which established the EEC, as variously ammendmented over the years by later treaties. The TreatyOfMaastricht renamed the EuropeanCommunities (by this time largely dominated by the EEC) to the `European Community', and re-issued the ammended (and renumbered) Treaty of Rome as the `Treaty Establishing the European Communities'. It is this that is generally contracted to `EC Treaty' ; The Treaties of Rome are two of the treaties of the European Union signed on March 25, 1957. Both treaties were signed by The Six: Belgium , France , Italy , Luxembourg, the Netherlands and West Germany .
Community law - Law of the member states of the European Union, as adopted by the Council of Ministers.
THE FEDERAL REPUBLIC OF GERMANY – saksamaa liitvabariik

Name and nr of the case - 120/78; Cassis de Dijon case (1979)

The parties - Rewe-Zentral AG ( HAVING ITS REGISTERED OFFICE IN COLOGNE ) v Bundesmonopolverwaltung für Branntwein ( FEDERAL MONOPOLY ADMINISTRATION FOR SPIRITS ).

Relevant problems and events (no details!) – An importer was prohibited by the German authorities from importing Cassis de Dijon, a French liqueur, into Germany, on the grounds that its alchoholic strength was too low. German law prevented the sale of any drink with an alchohol content between 15% and 25%.
The importer argued that the German legal measure was in contravention of Art. 30 of the EC Treaty, being a measure equivalent to a quantitative restriction on importation. The German authorities argued that this measure was not concerned with country of origin at all, and would have applied to domestic as well as to imported products .
Moreover, it pursued legitimate consumer protection objectives (it was argued, for example, that drinks in this strength encourage alchoholism).

What is the question asked from the court? (concrete) – can a member state set a minimum limit of strength for alcoholic beverages? (how to undrestand article 30 of the EEC treaty, does it prohibit this?)

The decision of the court (in my own words) – no, it cannot . Article 30 of the EEC Treaty is to be understood in a way that prohibits this.

( Importance – with this case the court decided how THE CONCEPT OF ' ' MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ' ' should be undrestood in this and the following cases)
REWE-ZENTRAL AG , HAVING ITS REGISTERED OFFICE IN COLOGNE ,
AND
BUNDESMONOPOLVERWALTUNG FUR BRANNTWEIN ( FEDERAL MONOPOLY ADMINISTRATION FOR SPIRITS ),

HOMEWORK

Terms to explain:
Nation - a country, especially when thought of as a large group of people living in one area with their own government, territory, language, traditions, etc:
Stranger – someone whom you do not know, unknown person; a non-citizen (you have a citizenship, but not the one form the country in which you are); stateless persons (you have absolutely no citizenship).
Citizen - a person who is a member of a particular country and who has rights because of being born there or because of being given rights or a person who lives in a particular town or city
Penalty - a punishment, or the usual punishment, for doing something that is against a law (, contract)
Government - the group of people who officially control or run a country
System of courts – a judicial system, that administer justice
To commit a crime – to do sth that is forbidden by law
Corruption - illegal, immoral or dishonest behavior , especially by people in positions of power. Paying sb or doing a favor to someone (bribe sb) to get sth.
Fine (trahv) - an amount of money that has to be paid as a punishment for not obeying a rule or law
Suspension - when a person is temporarily not allowed to work, go to school or take part in an activity, as a punishment
Prosecution - to officially accuse someone of committing a crime in a court of law, or (of a lawyer ) to try to prove that a person accused of committing a crime is guilty of that crime
Injury – bodily harm, damage
Public opinion – sth that most of the ppl in a society think of sth
Simple majority - sth is voted for or against by not more than half of the votes altogether. The ppl entitled to vote that are present !
Absolute majority - when more than half of the ppl (voting) is for or against sth. All of the ppl entitled to vote = 100%.
To be guilty of a crime – to have done sth illegal or punishable. The person accused are right.
Abuse - to use or treat someone or something wrongly or badly, especially in a way that is to your own advantage
Property - an object or objects that belong to someone; a building or area of land, or both together
Dangerous driving – to drive recklessly and without any fear or respect. You don’t estimate the risks.
Loss - when you no longer have something or have less of something without getting sth in return .
International law - the set of rules that most countries obey when dealing with other countries
Operating law – the set of rules that one country and it’s people obey, that is in force
Legal system – a system for enforcing the laws

Explain and retell the text! Not examples, but the terms

Esimene jutt

Zhu or Chan case:

( http://www.ena.lu/ )

Name and nr of the case – Case nr C-200/02, Zhu or Chen case

The parties - Kunqian Catherine Zhu, Man Lavette Chen v(s) Secretary of State for the Home Department

Relevant problems and events (no details!) – child has citizenship but the mother doesn’t. Child needs mother to take care of her because she’s a minor. Mother has a citizenship of a non-member country. The child and mother applied for the residence permit. They couldn’t have it because the mother had a Chinese citizenship. The domestic court asked the European court of justice for advice. The European court of justice said that the parents can stay if they can provide for themselves and the child and they have to have health-insurance.
To go to the European court you have to exhaust the domestic courts.

What is the question asked from the court? (concrete) – Is the mother of a child born in a Member state (with the citizenship of this country) allowed to live there with the child? Right of residence? – Child with the nationality of one Member State but residing in another Member State – Parents nationals of a non-member country – Mother's right to reside in the other Member State

The decision of the court (in my own words) – The child and the mother are allowed to stay in the country for an indefinite period . The mother and the child must have enough money to not become a burden on the public finances of the host Member State, and they have to have appropriate health insurance.

Academic writing

Title
Introduction
Body
conclusion
Lõikude vahele 1 rida, taandrida ei jäeta!
Argumendid millegi poolt, argumendid millegi vastu. Väldime I-vormi, vaid kasutame passive-vormi. Lõhikesi vorme ei kasutata! (don’t)
150 sõna – Teema – “should mery-killing be punished?”
Should Mercy Killing Be Punished?
Mercy killing is the act of killing someone who is very ill or very old so that they do not suffer any more. Many different forms of euthanasia can be distinguished, including animal euthanasia and human euthanasia. Some forms of euthanasia are legal for instance in Belgium, The Netherlands and Switzerland. But should mercy killing be punished?
Firstly, mercy killing could be a very good thing. There are people who suffer from a painful illness and want to rather die than to suffer agonies. But they might be too weak to kill themselves and so they need help dying. Thus, mercy killing is a very humane thing to do.
On the other hand, if mercy killing was not punished, there would be a risk of misuse. Since people are greedy, getting ones hand on an inheritance could be a reason to kill somebody. With mercy killing it could be legal and easy.
In conclusion, it is believed that mercy killing should not be punished, but it must be taken seriously and there has to be a strict control over who really wants to die and who not.
Words to explain:
Political structure - refers to institutions or groups and their relations to each other, their patterns of interaction within political systems and to political regulations, laws and the norms present in political systems in such a way that they constitute the political landscape of the political entity.
Social value - Abstract standards or empirical variables in social life which are believed to be important and/or desirable
To revise legal system – to correct and renew a system for enforcing the laws
Civil war - a war fought by different groups of people living in the same country
Industrialization - the process of developing industries (the companies and activities involved in the process of producing goods for sale, especially in a factory or special area) in a country
To retain a law - to keep , maintain or continue to have a rule, usually made by a government, that is used to order the way in which a society behaves or the whole system of such rules
Occupation - a person's job; a regular activity
Common law - the legal system in England and most of the US which has developed over a period of time from old customs and court decisions , rather than laws made in Parliament
Continental law – civil law; the most prevalent legal system in the modern world and the oldest in human history.
Court ruling (otsus) - an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings
Precedent - an action, situation or decision which has already happened and which can be used as a reason why a similar action or decision should be performed or taken; a decision (by the court) about a particular law case which makes it likely that other similar cases will be decided in the same way
SPEECH
There are two major legal traditions in the world are common law and continental law. 
Common law is based on precedent and continental law is based on a code. The civil law system is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed by the Middle Ages . Estonian legal system belongs to the continental European legal tradition.
Estonian law is basically divided into private and public law. Public law regulates the relationship between individuals and the state. Public law consists of constitutional law, administrative law, procédural law, criminal law. Private law involves relationships between individuals. Private law includes civil law, commercial law, intellectual property, international private law. However , it should be mentioned that is hard to say if a problem belongs to the private or public law sphere.
As mentioned before , civil law is based on a code. A code is a systematic collection of laws or regulations. Estonia too has detailed codifications and issuses are solved according to them. For example, there is the penal code that defines crimes and specifies the punishment. If someone is accused of a murder, then we turn to the penal code for solution .
It is typical that legal systems borrow principles from each other. Estonian law is no exception. Today , even precedent serves as a source of law. The Supreme Court has the authority to interpret legal rules and its opinions are taken into account when dealing with similar situations in the future.
Additionally, generally recognized principles of international law and binding international treaties form an inseparable part of Estonian law. That is also stated in the Constitution.
Constitution is the most powerful and important act. All other acts have to be in accordance with the constitution. The current Estonian Constitution was adopted by a referendum held on 28 June 1992. The Constitution stipulates that Estonia is a sovereign democratic republic where the supreme power of the state is vested in the people.
In conclusion, this was a short overview of the Estonian legal system. Estonian legal system belongs to the continental European legal tradition, as do for example Germany and France. The supreme power of the state is vested in the people, who are regulated by prescriptive laws.

Terms to explain

Equity - impartial the value of a company, which is divided into many equal parts owned by the shareholders, or one of the equal parts into which the value of a company is divided
To appeal - to interest or attract someone
To solve a dispute - to find an answer to an argument or disagreement, especially an official one between, for example, workers and employers or two bordering countries
To force sb to do sth – to make sb to do sth against their will
To fulfill a contract – to satisfy a legal document that states and explains a formal agreement between two different people or groups, or the agreement itself
To pay damages - to give money to someone by a person or organization who has been responsible for causing them some injury or loss
Beneficiary - a person or group who receives money, advantages, etc. as a result of something else
Legislation - a law or set of laws suggested by a government and made official by a parliament
Obligation - something that you must do; a legal duty
Computer theft – crimes that are done with the help of an electronic machine which is used for storing, organizing and finding words, numbers and pictures, for doing calculations and for controlling other machines
Evidence - one or more reasons for believing that something is or is not true
Judiciary - the part of a country's government which is responsible for its legal system and which consists of all the judges in the country's courts of law
Canon law - internal ecclesiastical (kiriku-) law made by the church .
To challenge a decision – to doubt , contest (vaidlustama) a report of a conclusion
Secular ideology – a theory, or set of beliefs or principles which have no connection with religion

Common law

There are several different types of law in the world today. For example case law, common law, Islamic law. Common law is mostly used in essentially, every country which has been colonized at some time by England, England and Wales , Northern Ireland , Ireland, the united states, Australia , new- Zealand and some others.
Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action.
Common law is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent
The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a " matter of first impression ." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. * (pretsedendi järgimise kohustus)
This was a short overview of common law, thank you for listening .

Continental law

There are several different types of law in the world today. For example case law, common law, Islamic law, socialist law. Continental law, also known as Civil law, Roman law, Romano-Germanic law is the most prevalent legal system in the modern world and the oldest in human history.
A prominent example of civil law would be the Code Napoleon , named after French emperor Napoleon Bonaparte. Rather than a catalog of judicial decisions, the Code consists of abstractly written principles as rules of law.
The civil law system is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed by the Middle Ages.
A second characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, that is its inclusion into civil codes.
The concept of codification was further developed during the 17th and 18th century , as an expression of both Natural Law and the ideas of the Enlightenment.
This was a short overview of continental law, thank you for listening.

Terms to explain:

Criminal code - a set of principles relating to crime that are accepted and used by society or a particular group of people
Civil code - a set of principles relating to private arguments between people or organizations rather than criminal matters
To refrain from doing sth – if you are made to avoid sth.
Economic power - ability to control people and events relating to trade, industry and money
Socialism - the set of beliefs which states that all people are equal and should share equally in the wealth of the country, or the political systems based on these beliefs
Unbiased institution - a large and important organization, such as a university or bank that is able to judge fairly because you are not influenced by their own opinions
Violence - actions or words which are intended to hurt people
Consumer matters - a situation or subject which is being dealt with or considered that has sth to do with the one that consumes
Constitutional law - the system of rules of a particular country allowed by or contained in a constitution

Speech – How are laws made in Estonia?

INTRO
Process of law-making draft law/bill (seaduseelnõu) is developed  draft is sent to the parliament readings(amendments made to the law (seadusemuudatused))pass/ adopt the lawpass on to the presidentproclame (väljakuulutama) or veto or sent to supreme court (riigikohus)  (may declare it un-constitutional)it has to be published in the state gazette (riigiteataja)
CONCLUSION
Is the purpose of law to protect property?
Law is an inseparable part of our lives nowadays. But what exactly is the purpose of law?
Some think the purpose of law is to maintain and control the people, but in order to maintain, punishment must be used. Therefore the purpose of law is to punish. Others disagree though, they think the purpose of law is just to maintain, but not control. Both parties would agree that one of the purposes of law is to protect property.
It is believed that laws set boundaries. Without law, how do you know what is right or wrong? Laws make it clear for all who are under them. Their purpose is supposed to be for the protection of society in general, not simply property. Without law, it is debated, chaos would prevail.
All in all, the purpose of law could be to protect property, but it definitely is not the only task .

Are the laws necessary for the society to exist?

Terms to explain

Binding agreement – a decision or arrangement, often formal and written, between two or more groups or people which cannot be legally avoided or stopped, (which is obligatory)
Reputation – the opinion that people in general have about someone or something, because of sth that has happened in the past. (public image of sb or sth)
Family law – Family law is an area of the law that deals with family- related issues and domestic relations
Unjust enrichment – improving your financial status in an illegal way
Procedure – a set of actions which is the official or accepted way of doing something;
Plaintiff – someone who makes a legal complaint against someone else in court (civil)
Suspect – to think or believe something to be true or probable without having any proof
Victim – someone or something which has been hurt, damaged or killed or has suffered, either because of the actions of someone or something else, or because of illness or chance ;
Beyond reasonable doubt – If a legal case or a person's guilt is proved beyond reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty; almost completely certain.
On the balance of probabilities – there are more argument for than against the case in a civil case.
Sth is admissible as evidence – sth is considered satisfactory and acceptable as a proof
To comply with sth – to act according to an order, set of rules or request
Civil liability – when you are legally responsible for something
Mistreat sb – to manipulate; to deal with ppl in an unjust way

Criminal procedure

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law.
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt.
Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
This was a short overview of criminal procedures, thank you for listening.

Civil procedure

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases and more. The judge performs the role of case manager .
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. Thus, in a civil case, the court will weigh all the evidence and decide what is most probable.
Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
This was a short overview of criminal procedures, thank you for listening.

Terms to explain

Original court – the court in which the case is first heard (
Appellate court - any court of law that is empowered to hear an appeal of a trial court or other lower tribunal
To exercise jurisdiction –to make and deal with especially legal decisions (you are authorized by legislation)
European Court of Justice - the highest court of the European Union, in which they solve only problems related to EU law.
A recovery of a debt – paying back the money you own sb
Arbitration - a legal technique for the resolution of disputes outside the courts by an expert.
Expert - a person with a high level of knowledge or skill ; a specialist
Conciliation - a process in which parties to a dispute with the assistance of a neutral third
Witness - a person in a law court who states what they know about a legal case or a particular person
(expert witness - a person who is allowed to give their opinion in a law court because of their knowledge or practical experience of a particular subject)
Adversarial/accusatorial procedure – it’s usually in common law countries. Parties to the case have to find evidence themselves.
Inquisitorial procedure – it’s usually applied in Roman law countries. Examining judge/magistrate has the duty to investigate the case and produce evidence.

Terms to explain

(Pages 25-26)
Adjudication – is a legal process of solving a legal dispute process of judicially deciding a case.
Divorce – to end your marriage by an official or legal process; dissolution of a marriage
Will – an official statement of what a person has decided should be done with their money and property after their death
The court is sitting – the court is spending time in order to solve a case; the court hears the case.
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, or whether a claim has been proved
Respondent – one who answers; the person against whom a case is …?
Matrimonial matters – procedures related to marriage or people who are married
Guardianship – ppl who help minors or disabled and take the legal responsibility; the state or duty of being a guardian
Adoption – to take another person's child into your own family and legally raise him or her as your own child
To maintain sb – to continue to have; to keep in existence, or not allow to become less
Illegitimate children – children who are born to parents who are not officially married to each other; born out of wedlock
Leave – (luba) - official permission to do sth
Consent – official, formal agreement
To overturn – to cancel (a legal decision)
A litigant – a person who is fighting a legal case
Personal injury case – accident or event related to bodily harm.

Court reform

Courts have been reformed because as time goes on, different situations gain different meanings and thus new way to solve a problem are needed.
1990 to the Present
The restitution of Estonia’s independence has been a long process of political and legal steps, of which one of the most significant with respect to the judiciary has been the Declaration of Sovereignty on 16 November 1988. According to the declaration, the sovereignty of "the Estonian SSR" meant that the highest authority within its territory was the states own legislative, governmental and judicial institutions. On 30 March 1990, the Supreme Council of the Estonian SSR, acting at that time as the de facto representative of the people, stated its will to restore Estonian independence and declared the rule of the Soviet Union in Estonia illegal from its inception. As of the day of its implementation, and proclaimed the restitution of the Republic of Estonia (restitutio ad integrum). A decision by the Estonian Supreme Council of 16 May 1990, established that the judicial system of the Republic of Estonia was to be founded on the will of the Estonian people and universally recognised norms of international law. During the days of the August 1991 coup attempt the Estonian Supreme Council confirmed once more the national sovereignty of the Republic of Estonia and requested that diplomatic relations be restored on the basis of continuity. At the same time, a Constitutional Assembly was formed for the task of drawing up a constitution.
The Constitution, which was adopted by popular referendum on 28 June 1992, establishes the rule of law and judicial power as the basic ideas. It determines the role of the courts and their position in the general system of government. Modern legal theories, the examples of other countries, Estonia’s own experiences from ancient times and the first period of independence, and current conditions and possibilities are taken into account.
The Restored Judiciary
The Estonian court system is governed by Chapter 13 of the Constitution as well as the Courts Act and the Status of Judges Act, where it is clearly and emphatically stated that justice in the Republic of Estonia is administered by courts of law and that they solely exercise judicial power. The Estonian court system comprises: 1) County and City Courts and Administrative Courts; 2) Circuit Courts; 3) the Supreme Court.
County, City Courts and Administrative Law Courts are first-level courts. County and City Courts deal with all civil and criminal cases, while Administrative Law Courts investigate cases which they have been specifically empowered to deal with. Administrative Law Courts are usually attached to County and City courts; special administrative courts can be set up whenever needed.
Circuit Courts are second-level courts and hear appeals from first-instance courts. Circuit courts are divided into colleges according to the type of case under consideration, and decisions are reached after collegiate discussion.
The Supreme Court is the final appeals court in Estonia. It considers court decisions which are appealed to them and may also, in cases specified by law, change a lower court decision or correct miscarriages of justice.
Two new, previously non-existent functions have been added to the judiciary: constitutional review and administrative court proceedings.
Constitutional review is exercised by the Supreme Court. The work of the Supreme Court is carried out by the following bodies:

• the Civil Chamber;
  
• the Criminal Chamber;
  
• the Administrative Law Chamber;
  
• the Constitutional Review Chamber;
  
• the General Assembly of the Supreme Court, comprising all members of the court.
  

Practical steps toward a judicial reform were initiated on 8 December 1992, when the Riigikogu (Parliament) appointed a Chief Justice of the Supreme Court. The reconstituted Supreme Court held its first session on 27 May 1993, in Tartu. On 1 October, the Soviet-era Supreme Court was abolished, and on 15 December 1993, a constitutional three-tier judiciary became operational.
The Courts
By the end of 1994, Estonia had 2 administrative law courts (in Tallinn and Tartu), 21 city and county courts, 3 circuit courts (in Tallinn, Tartu and Jõhvi), and one higher court, the Supreme Court. In 1995, land register offices and business registries started operating at the courts.

CHANGES:

1995 land register (maakataster???) of .....
1993 estonial arbitration court was closed (now we have labour dispute commitees)
When 16 courts were changed to 4, what happened to the judges?! – (because they are ... for life).
Management of courts:

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Civil courts

Civil court is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases and more. The judge performs the role of case manager.
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. Thus, in a civil case, the court will weigh all the evidence and decide what is most probable.
Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
This was a short overview of civil courts, thank you for listening.

Terms to explain:

Remedy – parandus, abinõu – the means that help you in a situation; a successful way of curing an illness or dealing with a problem or difficulty
Wronged party – = aggrieved/injured party; the party treated in an unfair or unacceptable way
Wrongdoer – a person who does something bad or illegal
Wrongful conviction – describes actions that are unfair or illegal
Fear fearing – an opportunity to explain something or give your opinions, without other people trying to influence the situation
Domestic assaults – ex battery;
To institute proceedings – to establish a courts
To appoint sb – (to assign); to nominate sb
To report a crime – give a spoken of written notice about an illegal action
Conflict of interests – a disagreement between public and private issues
Collection of evidence – proof/facts that say the other party is guilty
To drop charges –
Overburdened (justice system) –someone or something has been made work too hard or carry, contain or deal with too much
Discretion – the right or ability to decide something; the ability to behave without causing embarrassment or attracting too much attention
Caution – a spoken warning given by a police officer or official to someone who has broken the law; advice/warning; reprimand
Public interest – sth that most of the ppl are interested in because it is important

Terms to explain:

Motoring offence – an illegal act relating to driving; to infringe a traffic code
To pass a sentence – a punishment is given by a judge in court to a person or organization after they have been found guilty of doing something wrong
To exceed jurisdiction (in excession of jurisdiction) – to be greater than the authority of an official organization to make and deal with legal decisions; ?????????????????????
To conduct a preliminary inquiry – to organize a question that comes before a more important action or event; a pretrial procedure
To discharge the case – to stop dealing with the case
Welfare system – a combination of financial or other system to help ppl to manage with their every day life
Employers and employees – persons or organizations that employ people and people who are paid to work for someone else
Panel (kohtukoosseis) – a small group of people chosen to give advice, make a decision, or publicly discuss their opinions; court in it’s full power (tegelt ei)
Judicial revue – a theatrical production consisting typically of brief loosely connected often satirical skits, songs , and dances involving a court of law??????????????????????????????????
Legal aid – a system of providing free advice about the law and practical help with legal matters for people who are too poor to pay for it

Classification of courts in Estonia

The Penal law reform was completed in 2001, where offences are defined as an unlawful and wrongful act consisting of necessary elements . Offences can be classified accordingos to the division of offences into criminal offences and misdemeanours, and the subdivision of criminal offences into criminal offences in the first degree and second degree .
A criminal offence is an offence provided for in the Penal Code and the principal punishment in the case of natural persons is a pecuniary punishment or imprisonment and in the case of legal persons, a pecuniary punishment or compulsory dissolution.
A misdemeanour is an offence provided for in the Penal Code or another Act and the principal punishment is a fine or detention.
If a person commits an act, which comprises the necessary elements of both a misdemeanour and a criminal offence, the person shall be punished only for the criminal offence. If a punishment is not imposed for the criminal offence, the same act may be punished for the misdemeanour.
Criminal offences prescribed by the Penal Code also include offences of less importance, which may be regarded as non-genuine bagatelle offences. Therefore, the borderline between criminal offences and misdemeanours, is very vague in respect of criminal offences of less importance and more serious misdemeanours.
The punishment prescribed for an offence is the basis for classification of offences in to minor and major offences. However, the borderline between minor and major offences is arbitral and has not been solved in the same way in different jurisdictions.
A criminal offence in the first degree is an offence with the maximum punishment, which can be imprisonment for a term of more than five years, life imprisonment or compulsory dissolution.
The punishment for a criminal offence in the second degree is imprisonment for a term of up to five years or a pecuniary punishment.

Terms to explain

Suppliers of goods and services – ppl or organization that provide products and work that is wanted or needed, often in large quantities and over a long period of time
Commercial dispute – an argument or disagreement about business; disagreement between business partners
Sth takes place in private – (sth happens behind closed doors so that nobody can see it); in camera
Trade association – An industry trade group
Code of practice – a set of standards agreed on by a group of people who do a particular job; the code of conduct
Claimant – a person who asks for something which they believe belongs to them or which they have a right to
Deposit – to leave something somewhere; the act of money storing
A two-tier system – system with two levels
Fair trial – an opportunity to explain something or give your opinions, without other people trying to influence the situation; fair hearing
Access to justice – ppl have the opportunity to go to court to solve their law-related problems; ppl have the opportunity to get legal aid

Speech

How to become an attorney at law?

Good afternoon! Today I am going to talk about how to become an attorney at law. The Bar Association is competent to admit members to and exclude members from the Bar Association, organise in-service training for advocates, exercise supervision over the professional activities of advocates of foreign states who are practicing in Estonia and more.
There are several requirements for advocates. Firstly, a person may be admitted to the Bar Association if he or she has active legal capacity and is a resident of Estonia or is a citizen of the Republic of Estonia or a Member State of the EU.
Secondly, to become an attorney at law you need to fulfill an accredited law curriculum of academic studies and have oral and written proficiency in Estonian.
In addition the person has to be honest and of high moral character . And the person who wants to be a sworn advocate has to be at least 24 years old.
In order to be admitted to the Bar Association, a person must submit a written application and pass an advocate’s examination, which is known to be very difficult to pass. In the application, a person shall certify that the circumstances which exclude admission of a person to the Bar Association do not exist with respect to the applicant. (the circumstances are provided for in sub section 27 (1) in the Bar Association Act)
Finally , members are admitted to the Bar Association by a resolution of the Board . The Board of the Bar Association shall publish notices concerning admission of advocates to the Bar Association in the official publication Ametlikud Teadaanded.
CONCLUSION

Terms to explain:

To qualify to do a job – to be good and educated enough to do a certain kind of work.
The right of audience – the right of an advocate to be heard in legal proceedings
To draw up a will – to put in writing who you want to have what part of your property after you die
Professional title – a title or certification that shows you have some type of continuing education in any particular field of employment.
Law firm – company that deals with juridical questions ???? a business entity formed by one or more lawyers to engage in the practice of law
Liable - having (legal) responsibility for something or someone
Stock broker - broker who executes orders to buy and sell securities and often also acts as a security dealer
Share transactions -
Legal profession – lawyer?
Welfare rights – the right to become social aid from the state
Immigration procedure – the set of actions when someone comes to live in a different country
Political crimes – a crime involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government or the political system
To be entitled to do sth – to have the right to own sth
Government funded aid – state provided help
Professional examinations – tests made to make sure sb is qualified for sth.
Preparatory course – a class done in order to get ready for something
To supervise sb - to watch a person or activity to make certain that everything is done correctly, safely, etc
Professional incompetence - lack of ability or skill in one specific area to do something successfully or as it should be done
Junk bond (lk 42) - typically a high-interest loan with relatively unfavorable terms to compensate for a high risk of default; the right to collect a debt which will if fact probably never be repaid
To advertise sth - to make something known generally or in public, especially in order to sell it
Legal loophole - a small mistake in the law which gives someone the chance to avoid having to do something
Ambiguity - the property of being ambiguous, where a word, term, notation, sign, symbol , phrase, sentence, or any other form used for communication, is called ambiguous if it can be interpreted in more than one way
Omission - when something has not been included that should have been
Testator – the person who writes the will
To attest sth – to show something or to say or prove that something is true

Common law

There are several different types of law in the world today. For example case law, common law, Islamic law. Common law is mostly used in essentially, every country which has been colonized at some time by England, England and Wales, Northern Ireland, Ireland, the united states, Australia, new-Zealand and some others.
Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action.
Common law is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent
The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. * (pretsedendi järgimise kohustus)
This was a short overview of common law, thank you for listening.

Continental law

There are several different types of law in the world today. For example case law, common law, Islamic law, socialist law. Continental law, also known as Civil law, Roman law, Romano-Germanic law is the most prevalent legal system in the modern world and the oldest in human history.
A prominent example of civil law would be the Code Napoleon, named after French emperor Napoleon Bonaparte. Rather than a catalog of judicial decisions, the Code consists of abstractly written principles as rules of law.
The civil law system is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed by the Middle Ages.
A second characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, that is its inclusion into civil codes.
The concept of codification was further developed during the 17th and 18th century, as an expression of both Natural Law and the ideas of the Enlightenment.
This was a short overview of continental law, thank you for listening.
Ma tean, et need kaks on jube sarnased, aga mina pidin 1 neist ette lugema ja õpetaja ütles, et on ok, kui neid kahte võrrelda niimoodi omavahel. Pealegi, nii on kergem ära õppida ;)

Criminal procedure

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law.
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt.
Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
This was a short overview of criminal procedures, thank you for listening.

Civil procedure

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases and more. The judge performs the role of case manager.
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In France, however, a victim of a crime may be awarded damages by a criminal court judge.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. Thus, in a civil case, the court will weigh all the evidence and decide what is most probable.
Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
This was a short overview of criminal procedures, thank you for listening.

How to become an attorney at law?

Good afternoon! Today I am going to talk about how to become an attorney at law. The Bar Association is competent to admit members to and exclude members from the Bar Association, organise in-service training for advocates, exercise supervision over the professional activities of advocates of foreign states who are practicing in Estonia and more.
There are several requirements for advocates. Firstly, a person may be admitted to the Bar Association if he or she has active legal capacity and is a resident of Estonia or is a citizen of the Republic of Estonia or a Member State of the EU.
Secondly, to become an attorney at law you need to fulfill an accredited law curriculum of academic studies and have oral and written proficiency in Estonian.
In addition the person has to be honest and of high moral character. And the person who wants to be a sworn advocate has to be at least 24 years old.
In order to be admitted to the Bar Association, a person must submit a written application and pass an advocate’s examination, which is known to be very difficult to pass. In the application, a person shall certify that the circumstances which exclude admission of a person to the Bar Association do not exist with respect to the applicant. (the circumstances are provided for in sub section 27 (1) in the Bar Association Act)
Finally, members are admitted to the Bar Association by a resolution of the Board. The Board of the Bar Association shall publish notices concerning admission of advocates to the Bar Association in the official publication Ametlikud Teadaanded.
This was a short overview of how to become an attorney at law. Thank you for listening.