Summary Class notes - Juridisch Engels

Course
- Juridisch Engels
- Sarah Dukel
- 2015 - 2016
- Inholland Den Haag
- Sociaal Juridische Dienstverlening
346 Flashcards & Notes
2 Students
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Summary - Class notes - Juridisch Engels

  • 1457996400 Week 3

  • What is substantive law?
    It refers to the body of rules that determines the rights and obligations of individuals and collective bodies.
  • What is procedural law?
    It refers to the body of legal rules that govern the process for determining the rights of parties.
  • Punishable acts are either...
    indictable (serious) offences or summary (minor) offences.
  • What is an indictable offence?
    An indictable offence is a more serious criminal offence that carries longer maximum sentences and higher fines.
    These crimes include murder, manslaughter, burglary, arson, conspiracy, fraud and other major crimes, as well as attempts to commit them.
  • What is a summary offence?
    Summary offences (overtredingen) (traffic violations, disturbing peace, etc.) are less serious than indictable offences and the penalties that can be imposed are not as great.
  • Name 4 principal punishments (hoofdstraffen) that exist under Dutch law:
    1. Imprisonment
    2. A fine (of a higher amount)
    3. Community service (taakstraf)
    4. Detention: could be a summary offence or an indictable offence, it's no longer than 2 years.
  • Name 4 additional punishments:
    1. Deprivation of specific rights
    2. Confiscation (inbeslagneming)
    3. Placement under entrustment order with or without compulsory treatment (TBS)
    4. Committal to a psychiatric hospital
  • Bewindvoerder =
    Administrator
  • Na 14 dagen =
    After a fortnight
  • Een andere mogelijkheid =
    Alternatively
  • Vriendschappelijk, vriendelijk =
    Amicable
  • Voor de rechter verschijnen =
    To appear in court
  • Benoemen =
    To appoint
  • Activa =
    Assets
  • Gerechtsdeurwaarder =
    Bailiff
  • Faillissement =
    Bankruptcy
  • Vervallen =
    To become barred
  • Kantongerecht =
    Cantonal Court
  • Een zaak die door de rechter behandeld is =
    Case dealt in court with
  • Van geval tot geval =
    Case-by-case
  • Werkdruk =
    Caseload
  • Sector civiel van de rechtbank =
    Civil Section of th District Court
  • Schadevordering =
    A claim for damages
  • Dagvaarding =
    A claim form
  • Vordering =
    A claim
  • Eiser =
    A claimant
  • Het faillissement opheffen wegens gebrek aan baten:
    To close the bankruptcy for lack of assets
  • Procedure op tegenspraak =
    A contentious procedure
  • Rechtspersoon =
    Corporation
  • Crediteur =
    Creditor
  • Debt rescheduling =
    Schuldsanering
  • Debiteur =
    Debtor
  • Gedaagde =
    Defendant
  • Verdere uitwisseling van stukken =
    Further exchange of documents
  • Reglementaties =
    Guidelines
  • Onverwijld =
    Immediately
  • Schriftelijk =
    In writing
  • Armlastig =
    Indigent
  • Een procedure starten =
    To instigate proceedings
  • Instelling, orgaan =
    Institution
  • Uitspraak na conclusie van antwoord en comparitie na antwoord =
    Judgment passed after a defence and post-defence appearance
  • Verhuurder en huurder =
    In court landlord-tenant
  • Bewegingsvrijheid =
    Leeway
  • Liquideren, te gelde maken =
    To liquidate
  • Curator =
    Liquidator
  • Procederende partijen =
    Litigants
  • Moratorium =
    Moratorium
  • Hypotheeknemer =
    Mortgagee
  • Mondelinge conclusie van antwoord =
    Oral defence
  • Concurrent schuldeiser =
    Ordinary creditor
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Summary - Class notes - Juridisch Engels

  • 1516575600 60 woorden oefenen

  • Adequate
    The legal term adequate refers to the requirement of consideration for the formation of a  contract.
  • Arbitration
    A form of alternative dispute resolution where a third party, acting as an arbitrator, delivers an opinion that is binding the parties.
  • Asset
    Property owned by a person or company that has monetary value.
  • Auditor
    a member of a recognized body of accountants who examine (or audits) company accounts. Auditing is the process by which the financial situation of the company is examined in order to draw up the annual accounts.
  • Barrister
    A legal professional in the Englisch legal system with a right of audience before all courts. As well as acting as an advocate, a barrister may also be a specialist in a certain area of law
  • Battle of forms
    This term applies to the situation where parties have exchanged their own standard contracts and it is unclear whether the conditions laid down in the offer or the acceptance govern the contract.
  • Beneficiary
    One who benefits from a trust and who has an equitable interest in the trust property.
  • Burden of proof
    In general, it is the claimant who must prove all of the elements required for his claim against the defendant. If he cannot do so, then the court must find for the defendant. There are certain circumstances in which the burden of proof may shift to the defendant, for example, where the presumption of res ipsa loquitur arises in negligence claims.
  • Chattel
    Personal property rather than real property (like land). The term chattel is broader than that of goods: it covers all forms of tangible property that is not classed as real property. It includes goods, cheques, negotiable instruments, and money.
  • Comparative negligence
    A term used in the USA. The negligence of the plaintiff is compared to the negligence of the defendant. The plaintiff's damages will be reduced in proportion to the extent of his negligence.
  • Condition
    Is a fundamental term of the contract. If it is breached, the innocent party may not only claim damages but may also opt to treat the contract as ended.
  • Conflict of interest
    Where there is a conflict of interest between a director's personal interest and those of the company, those of the company must prevail. This conflict of interest rule means that a director must not use any corporate opportunity for his own personal advantage.
  • Consideration
    The Bargain. Each party gives value to the other either by exchanging promised or by a promise given in exchange for an act. A one-sided promise is not a binding contract. There will be a consideration if the offer is given in exchange for something else, for example, the option on the offer is purchased.
  • Court of appeal
    This is an appellate court to be found in many common law jurisdictions hearing appeals from lower courts. 
    (In general, the highest court in a land is usually translated by the term supreme court, the appellate court level by court of appeal and the trial initialization level by district court). 
  • Customs duty
    A charged levied on goods because they have crossed the frontier.
  • Debenture
    A document acknowledging a debt for a capital sum that is to be repaid on a certain date, with interest payable at a fixed rate. In the London financial markets, the word debenture is used primarily to denote a secured loan. Reference may be made to a naked debenture, which is a debt without security, In the USA, a debenture is an unsecured loan.
  • Deed
    A written document that has been signed by the parties and witnesses. A deed is necessary to transfer the legal title to land from one party to another or create a lease or more than three years duration.
  • Derogation
    Partial release from a law (as in exceptions in a article of law)
  • Discharge
    Release from the obligations under a contract. Discharge may be by performance, agreement, breach or frustration. 
    (The breach of a warranty does not give the innocent party the right the treat the contract as discharged but would allow the innocent party to claim damages). 
  • Disclosure I
    In Englisch procedural law disclosure is defines as 'stating that a document exists or has existed'. The court can impose a duty on all parties to disclose documents relevant to the issues in dispute. Standard disclosure requires the disclosure of any document that a party intends to make use of a trial; documents that adversely affect the party's own case, another party's case or support another party's case or documents that must be disclosed because of a practice order. Standard disclosure is achieved by making a list of said documents available to the other party. This process was formerly referred to as discovery. There is, in general, a right to inspect a disclosure document.
  • Disclosure II
    To disclose involves revealing details about an act or transaction. Directors are under a duty to disclose any personal interest that could lead to a conflict of interest situation.
  • Express terms
    Terms explicitly stated by the parties, either oral or written. Express terms are those terms that have been specifically agreed upon by the parties, terming the parties either said or wrote. Sometimes an express term in the contract is described as being 'condition' or a 'warranty'.
  • Flotation
    Also known as an initial public offering. This is where the share of a company are issued for the first time on a stock market by means of an offer document called a prospectus. 
  • Force majeure
    An event outside the control of the parties to an agreement. Most contracts include a force majeure clause which the parties cannot be considered to be in a breach.
  • Good faith
    here negotiations and contractual relations should be characterized by honesty and fairness, by the intention to carry out contractual obligations, and with no intention to seek an unfair advantage or purposefully act to the detriment of the other party. This principle is not operative in the common law of contract.
  • Honour clause
    This clause makes clear that there is no intention to create legal relations.
  • Indemnify
    To reimburse someone for damage that he has suffered, a statement of liability to pay compensation for a loss or for a wrong transaction. 
    In equity, rescissions may be accompanied by an indemnity, which is to cover the necessary cost of obligations created by the contract. 
  • Injunction
    Court order which is either mandatory, requiring a person to do something, or prohibitory, requiring a person not to do something. 

    An order of the court directed at the defendant compelling him to stop doing something or to do something. A prohibitory injunction prohibits a person from doing something. A mandatory injunction requires the direct performance of a positive act. An interim injunction is granted before the outcome of a trial. A final injunction, also known as a perpetual or permanent injunction, may be granted upon the completion of a trial. The term interlocutory injunction is still used in the USA, but in England, the term interim injunction is now preferred. 
  • Intangible property
    Intangible property, also known as incorporeal property, describes something which a person or corporation can have ownership of and can transfer ownership to another person or corporation, but has no physical substance, for example, brand identity or knowledge/intellectual property. It generally refers to statutory creations such as copyright, trademarks, or patents. It excludes tangible property like real property (land, buildings, and fixtures) and personal property (ships, automobiles, tools, etc.).
  • Internal market
    The internal market of the European Union (EU) is a single market in which the free movement of goods, services, capital and persons is assured, and in which citizens are free to live, work, study and do business.
  • Jurisdiction
    The legal power to hear and decide on a case. If the court does not have the jurisdiction to hear a case, its decision will be void.
  • Liability
    The legal term that describes the condition of being actually or potentially subject to a legal obligation. It is the state of one who is bound by law and justice to do something which may be enforced by action. This liability may arise from contracts either express or implied or in consequence of torts committed.
  • Lien
    In general a charge upon the property of another until the debts associated with that property have been paid of.
  • Liquidation
    Proces by which a company is brought to an end, often because of insolvency. The proceedings for dissolving a business depend upon the type of business in question, whether it is incorporated or not. As a legal person, a company is wound up and remains in existence only until the process of liquidations is complete.
  • Misrepresentation
    Where the representation is a false statement, it is called a misrepresentation. Misrepresentations can be fraudulent, negligent or innocent. A misrepresentation is actionable, not as a breach of contract because it is not a term of the contract, but under the rules applicable to misrepresentations. To be classed as misrepresentation, the statement must be a statement of fact.
  • Mitigate/ mitigation
    The innocent party must take reasonable steps to minimise his loss. If a seller has had his good improperly rejected by the other party, he must try to sell them for the best price available elsewhere. He must not sit on the breach.
  • Nominal consideration
    Something of minimal value exchanged in order to make the other party's promise legally enforceable. Consideration is best-defined trough the language of buying and selling. One party must show that he has bought the other party's promise either by doing some act in return for it of by offering a counter-promise. To make a promise unenforceable, the promise should either be exchanged for nominal consideration, such as 1 euro or be made in the form of a deed.
  • Personal property
    Property other than real property, such as goods and chattels. Intellectual property rights such as copyrights and patents are also personal property.
  • Pre-emption
    Where one system of law takes precedence over another. In the United States, federal legislation is superior to state legislation and will pre-empt state legislation where there is a conflict. In Europe, the law of the European Union is said to override that of the national law of the Members States on matters within its competence.
  • Probate
    Legal acceptance that a document usually associated with the administration of estates, such as a will, is valid.
  • Prospectus
    Document in which shares or debentures are offered to the public for the first time.
  • Ratify
    To approve officially, for example, a contract outside the objects clause can be ratified and the clause can be altered by special resolution.
  • Real Chattel
    A leasehold is termed a real chattel. The word 'real' in real chattel indicates that a lease in an estate in land, but in the past, a lease was not a ground for a so-called real action. This meant that a leasehold could not be classed as real property and for this reason, it falls under the category of personal property.
  • Remand
    To send back. A higher court may remand a case to a lower court so the lower court will take a certain action ordered by the higher court. A prisoner who is remanded into custody is sent back to the prison subsequent to a primary hearing before a tribunal or magistrate until the hearing is resumed or the trial is commenced.
  • Repudiation
    The other party makes it clear, either explicitly or implicitly, that he will not perform or continue the contract and he will not carry out his obligations.
  • Settlement
    Parties avoid going to trial by reaching agreement on the claim. Courts are very much geared up to promoting settlement. In a settlement, parties avoid going to trail by reaching agreement on the claim. Either the claimant or the defendant may make a payment to cour or an offer to settle at any time after the commencement of proceedings.
  • Solicitor
    A legal professional within the Englisch system. A solicitor has four main areas of competence: conveyancing, probate, drafting company and commercial contract and the preparation of litigation. Unless he has an advocacy certificate, his right to be heard in courts is in general limited to lower courts.
  • Stockholder
    In the USA, shareholders are referred to as stockholders (as they own one or more shares of stock).
  • Tangible property
    In simple terms, if the property is tangible it can be seen and touched. The intangible property, on the other hand, is an abstract entity, for example, a copyright. Tangible property can be either real or personal.  Principally, these are documentary intangible. For example, apromissory noteis a piece of paper that can be touched, but the real significance is not the physical paper, but the legal rights which the paper confers, and hence the promissory note is defined by the legal debt rather than the physical attributes.A unique category of property is money, which in some legal systems is treated as tangible property and in others as intangible property.
  • Tender
    A tender is an offer to provide good or services for a specified price. An invitation to tender is usually not an offer but an invitation to treat. There is also a distinction between a tender an invitation to tender. A tender is an offer. An invitation to tender will usually an invitation to treat. Although an invitation to tender will not normally amount to an offer to contract with the party submitting the most favorable tender if it can be shown that this was clearly the intention of the parties will be enforced.
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Diefstal =
Theft
Verdachte =
Suspect
Overtreding =
Summary offence
Staande houden =
To stop
Beslag =
Seizure