Lesson I March 3, 2015
The slogan of our class: TEAM
Together
Everyone
Achieves
More
To be on the same page?
Framework=base
Civil society and the law
keeps us bound together
learners vs users
goal is confluency….
R&D= RESEARCH AND DEVELOPMENT
IP= INTELLECTUAL PROPERTY
ADR = ALTERNATIVE DISPUTE
RESOLUTION
reluctance
dress rehearsal
IS LITIGATION IN ITALY A LENGTHLY
PROCESS?
Language is the key…
Language is the link
language binds us..Al Gore, Former VP of the USA,
Newt Gingrich, former Speaker of the House during the
Clinton and Bush administrations
Civil society, rules, religions, family, protocol
Legal terminology…
ADR and Mediation (alternatives to LITIGATION)
Youtube video…www.youtube.com David Crystal, English is Power
A language is powerful because of the people who speak it.
English is not an easy language, nor is it user friendly.
Money is power…..
English was at the right place at the right time,.
March 5, 2015 Lesson II
Rescind = to cancel
Lawyers
Barristers
Attorneys
Counsel= legal counsel
Counselor
Solicitor
Money markets “sewn up”
Plaintiff
To Advise vs advice
A piece of advice vs some advice
Lesson III March 10 2015
PROCEDURAL FRAMEWORK
TO BE BONDED
READ ARTICLE I..TO YOURSELVES
THERE IS A LOT AT STAKE= AT RISK
WE ABIDE BY THE RULES=
WE ADHERE TO THE RULES=
WE STICK TO THE RULES
VAST= BROAD RANGE
COPE WITH CHANGES = DEAL WITH CHANGES= AFFRONT CHANGE
Lesson IV March 12, 2015
Waive …..waiver vs to wave
Lawyers must have a 6th sense
2nd guessing
360° degree control of what might happen
Is evolving = is turning into
1000
11,000
The data maps details
The data mapping=NO
Is focused on= to pay attention to
Nine vs 10
Ground-breaking research
“ “ policy
Homework lesson 3 to begin pages Exercise 1 -3
Lesson V March 17, 2015
Hereto=adhering to this document
Accountability
Veto power
To veto a bill
Lesson VI March 19, 2015
Defendant vs plaintiff
If= whether
Burgled
Extortion
Adultery
Lesson VII March 24, 2015
Homework end of Lesson 4
Paragraphs with crimes due using past and past participles in class
Discussion of approach to collecting thoughts: central is main idea then outside that we have our supporting arguments or ideas and then we prioritize them….
Unit 5 quote…
UK High Court of Justice with the Chancery and Family division is governed by Civil Procedure Rules. They have jurisdiction over matters concerning:
A. CONTRACT LAW
B. PERSONAL INJURY
C. GENERAL NEGLIGENCE CASES
D. SUPERVISORY COURT
1. Damages WHAT ARE DAMAGES? Personal injury, negligence, breach of contract and slander= defamation = libel= false accusation
How does the court quantify these?
2. Debt (non-payment) defaulting on debts or what is owed
3. Possession of land or property
Chancery Division oversees: business and property disputes, competition, general chancery claims, IP claims, insolvency claims, trust claims, probate claims, appeals from lower court to the higher court…
Family Division of the High Court of Justice oversees: matrimonial affairs (defined as personal human matters) such as, divorce probate, children, medical and pre-nup agreements.
They also treat matters regarding wardship…definition…..
Exclusive jurisdiction…what does it mean
Criminal Court under the Crown Court> serious crimes like murder, rape and robbery
Judge and a 12 member jury
3 tiers or levels page 47
= PHA (Protection from Harassment Act of 1997)
CPA = for treating serious offences like, murder, manslaughter, assault with bodily harm, kidnapping, false imprisonment, rape….
Probate….when does it occur?
What is an executor?
How can we save money?
Who needs to probate an estate or a will?
Lesson VIII March 26, 2015
Talked about the forms filled out …page 10 of the Handbook
Many want to be lawyers: environmental protection, anti-mafia, etc.
LAWYER spelling correct LAYER is a brick layer or a mason
One wrote about being happy
Some want to be judges
Superlative use of adjectives: great, successful, important
Many more women than men
Talked about the crime stories Ss wrote and the genre …..Great imagination….
Family matters, kidnapping, theft, burglaries, assinations, robberies, one malpractice
What is MEDICAL MALPRACTICE????
English was ok, writing + calligraphy was difficult to understand
Most had a happy ending, thief was arrested or caught, property returned, criminal
was sentenced to prison…..few criminals “at large”
Appeals court
a. 3 high courts: chancery Queens Bench and Family
b. County courts of England and Wales
c. Employment appeals trib
Immigration trib
Lands Trib
Social Security Trib
Supreme Court …(House of Commons and House of Lords)
Deals with Parliamental Affairs
a. Make laws
b. Check gov’t work and scrutinize debates on current issues
c. Tax bills (check and balance system) see diagram on page 29!
House of commons …publically elected officials
MEMBERS OF THE COMMONS= Called MPs the majority forms the government
Prime Minister and Chancellor are principal figures and decide financial bills and new taxes
Lords can consider but not block or amend as they have no veto power
ONLY THE MONARCH CAN DO THIS…!
House of Lords = 2nd chamber that compliments the House of Commons
Makes laws and hold gov’t to account…what does this mean? Page 52
The House of Lords are a group of appointed (not elected) group of experts from many fields.
A bill….proposed new law or change (amendment)
If both Houses agree- it becomes and Act of Parliament (see diagram on page 29)
Future forms and exercises in class
Explanation of Probate page 54 and 55. Answered questions on page 56 in class.
ESTRANGED FROM A LEGAL SPOUSE = not legally separated
Lesson IX April 31, 2015
Quote by Robert Kennedy
Barrister vs solicitor…compare mandate or functions of the two
What is “right of audience”? Is it unchallenged?
What is a “brief”?
Legal profession in the US
Labor contract for legal firm internship for training
Homework Exercises page 60-63
Lesson X….April 2, 2015
Review Unit 6 THE LEGAL PROFESSION<EXERCISES 61 + 62…HOMEWORK
Remember 1st lesson where language was the link to the legal system?
Here we see criminal law is central link to the relationship between law and society.
3 stages: PRE-TRIAL, TRIAL AND POST-TRIAL
Questions page 68……Legal English vocabulary
Steps are: a. report case to authorities or agency
b. investigative stage
c. trial stage
Police or agency will act when a crime has been reported. The have: (1) the power to stop the search; (2) the power to arrest; (3) the power to detain; (4) the power to question; and, (5) the power to enter and search premises.
UK CPS= firm, fair = use fairness (no bias), effective and efficient, transparent,
Values = ideals, ethics, beliefs, etc., respect, honest, independency, strive for
excellence, honesty openness…..TRANSPARENCY…FAIRNESS
Public interest and prospects for a conviction…..
Video of Alison Saunders director of CPS ..the principal prosecuting authority of UK
Used many adjectives to describe the CPS and its duties, which are to
advise police, review cases, determine charges, prepare cases x court, and
present cases in court
4 classes of criminal procedures: summary, either way, indictable or both…these determine how a case is tried and proceeds through the court’s criminal justice system
CPS had 2 criteria to prosecute…. Sufficient evidence for a realistic prospect of a conviction and public interest to prosecute the case
Restorative justice system…describe it…
(1) the power to stop the search; (2) the power to arrest; (3) the power to detain; (4) the power to question; and, (5) the power to enter and search premises.
EXERCISE FOR HOMEWORK:
Describe the appointment and training of lawyers and judges in Italy’s
legal system. Use a diagram to show the different levels.
Also look at Units 7,8 +9
Lesson 11 ….. April, 9, 2015
Restorative Justice System
A. Victims of Adult offenders
B. Juvenile offenders
How does Italy cope with juvenile offenders? Page 79
Units 7, 8 and 9 Discussion of Knox-Sollecito Case
Did the verdict become tainted by the media hype surrounding the case?
Was the case provoked, decision polarized, because of international or anti-American feeling?
International fame of the case….extradition? Italy, Ivory Coast, UK and USA.
Media used phrases like: KAFKA-esque Italian court system and proceedings..not among the most distinguished and Fellini DNA testing and courtroom behavior….
Video with Carlo Della Vedova after sentencing before Italian supreme court’s acquittal
https://www.youtube.com/watch?v=8GLFcGVeLdU
Press and media articles that comment on the case
Amanda Knox verdict Economist Article “INNOCENTE”
http://www.economist.com/node/21647486/print
http://www.theglobeandmail.com/news/news-video/video-lawyer-calls-amanda-knox-a-she-devil/article607749/
http://www.bu.edu/law/central/jd/organizations/journals/international/volume30n1/documents/note_mirabella.pdf
Page 95 modal verb explanation…and exercises page 96 in class
Page 97+ 98 exercises in class
LESSON 12, April 14, 2015
Alice in Wonderland Courtroom scene video
https://www.youtube.com/watch?v=t1tJ5bzq2DM
Shows the absurdities of her exagerated “dream -state” experiences.
she is thinking that since she has entered a courtroom
all will be just, fair and, well somewhat normal again….
but havoc prevails and the courtroom is anything but a serious
“ matter” where she is the accused party
Summary Text* Alice arrives in the courtroom and finds the King and Queen of Hearts on their thrones, surrounded by a large crowd of animals and the whole deck of cards. The Knave lies chained before them. Alice surveys the room and takes great pleasure in identifying the various features of a court of law that she has read about. Alice notices that all of the jurors are writing down their own names, which the Gryphon explains that they all must do lest they forget their names before the trial’s end. Alice calls the jurors “stupid things,” and the jurors immediately write this down. She snatches a squeaking pencil out of the hand of the juror Bill, last seen as the servant of the White Rabbit, and he promptly begins writing with his finger.
The White Rabbit, serving the court as a herald, reads the accusation that the Knave of Hearts has stolen the Queen’s tarts. The Mad Hatter comes forth as the first witness, bearing a teacup and a piece of bread and butter. The King bids the Hatter remove his hat, but the Hatter refuses, explaining that he does not own the hats, he merely sells them. As Alice watches, she finds that she has started to grow again. The Dormouse becomes upset by Alice’s growth and storms off to the other side of the court to avoid being crushed by Alice. The Hatter delivers a bungled testimony, nervously suggesting that the March Hare said something. Before he can relate what the March Hare said, the Hare denies that he said something. The Hatter tries to explain that the Dormouse said something, but the Dormouse doesn’t reply because he has fallen fast asleep.
A juror asks the Hatter what it was the Dormouse said, but the Hatter cannot remember. The King insults the Hatter’s stupidity, which prompts a guinea pig to start cheering. The guinea pig is immediately “suppressed” by being tied up in a bag and sat on. Once the guinea pig has been suppressed, the King commands the Hatter to stand down. The Hatter replies that he can stand no lower, so the King bids him sit down. Another guinea pig begins cheering and is similarly suppressed. Finally, the King permits the Hatter to leave, and he sneaks off before the Queen has time to order one of the officers to chop off his head.
The King calls the Cook as the next witness. The King asks her what the tarts are made of, and the Cook replies “Pepper.” The Dormouse sleepily calls out the word “treacle,” and the courtroom flies into chaos. Amidst the frenzy, the Cook disappears. The King demands that the next witness be called, and the White Rabbit calls Alice to the stand.
Analysis
Alice has failed to find meaning in Wonderland but hopes that she will find logic and order in the trial. She sees the Wonderland court as a true court of justice, viewing the institution of law as a refuge of sanity in which an objective and undeniable truth will prevail. She excitedly identifies the various components of a court of law, such as the jury box and the jurors. The similarities of the Wonderland court to an aboveground court reinforce Alice’s faith in the sanctity of law. Alice takes great pleasure in recognizing the elements of a courtroom given the degree to which her expectations and perceptions have been confounded throughout her travels. Alice desires meaning and order and the trial becomes to the last opportunity to realize her need for coherence and sanity.
Alice quickly realizes that in a world without meaning, the search for truth and order can only be a sham. The King repeatedly demands a verdict but one never materializes. The trial mocks the legal process. The importance of trivial points supersedes core issues of right and wrong, innocence and guilt. The absurdity of the legal trial recalls the ridiculous Caucus Race, in which pointless activity serves as a means to arrive at conclusions that have nothing to do with the intended purposes of the institutions. Just as the Caucus Race has no clear winner, the trial fails to determine the culpability of the Knave. Several critics have pointed out that the concept of law itself, rather than the Knave, is on trial in this scene. As with the Caucus Race, Carroll indicts the legal system in Wonderland as a way of critiquing the legal system in our own world.
*Source: www.sparknotes.com/lit/alice/section11.rhtml
lesson 10 from our handbook…..
Civil Law (1)
Lesson 13 April 16, 2015
Comments on the comparisons of the legal profession assignments you handed in
LAWYER SPELLING ….REMEMBER THE “w”
Italy’s legal system
Italian legal system
To be a lawyer vs to become a lawyer
Steps to become a lawyer in Italy….vs steps to qualify for the profession vs to become a practicing lawyer
Requisites vs pre-requisites to prepare for vs to be prepared for ……
Apply to a university vs study law vs get a degree in law vs get a degree in…… vs graduate from law school vs graduate with a degree in law
Study for five years vs a five-year degree program
Italian state exam…written and oral parts to the exam
Sit for an exam vs sit for the state exam
Pass an exam vs fail an exam