International Legal English Page 1

Glossary "International Legal English" A-Z

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This flashcard set helps university-level students learn English legal terminology. The vocabulary flashcards cover a wide range of legal concepts, including types of charges, contracts, and legal procedures. Examples include "floating charge," "fee simple," and "fair dealing." The platform supports backward learning, allowing users to study from the target language to the source language. This set is ideal for law students or professionals preparing for exams or needing to improve their legal English fluency.

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24.02.2017 / 02.05.2017

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exclusive possession

Alleinbesitz

exclusive right

Alleinberechtigung

execution lien

lien (Retentionsrecht/Pfandrecht) created when e debtor's assets are seized for the purposes of enforcing a judgment

exempli gratia

zum Beispiel

for example

--> e.g.

exemplary damages

Strafgeld / Busszahlungen / Strafschadenersatz

--> also see punitive damages

expectation damages

compensation for the loss of benefits that a person would have received had the contract been performed

Gewinnausfall

Entgangener Gewinn

expert witness

Gutachter

express contract

ausdrücklicher Vertrag

express warranty

ausdrückliche Zusicherung

extraordinary general meeting (EGM)

ausserordentliche Hauptversammlung

fair dealing (UK)

fair use (US)

(US) defence to a claim of copyright infringement whereby permission from the artist is not required so long as usage of that artist's work is reasonable and limited

(UK) fair dealing is more restrictive than the US doctrine of fair use and in order to be protected, the use has to fall in one of several categories

fee simple

Zins auf Grundbesitz

(freier Eigenbesitz??)

fee tail

estate (Besitz, Nachlass) which lasts as long as the original grantee (Empfänger) or any of his descendants live

fiduciary duty

Treuhänderpflicht

obligation to act solely in the best interest of another

file with

to officially record ("anmelden)

to file for bankruptcy with the ... court --> Insolvenz beim Gericht anmelden

financing measures

methods of securing funds or money

first-in-time

rule which distinguishes which creditor has first claim over a debtor's assets

fitness (fit) for a particular purpose

für einen bestimmten Zweck geeignet

fixed charge

feste Gebühr

floating charge

form of security interest over the debtor's assets which may change on a daily basis, such as stock.

abuse of a dominant position

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

Amtsmissbrauch/Machtmissbrauch

(UK) situation that occurs when one firm is in a position to be able to act completely independently of its competitors, customers or consumers, remaining profitable and engaging in conduct that is likely to impede effective competition in that market. It is this last part, the hindrance of effective competition, which is prohibited in most jurisdictions rather than the mere situation of dominance. Some examples of abusive behavior include the refusal to grant licences, geographical price discrimination, unjustified refusal to supply or predatory pricing

(US abuse of monopoly power)

acquired company

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

übernommene/erworbene Gesellschaft

(UK) company that has been merged into another company and is therefore no longer in existence

(US transferor)

acquirer

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

Erwerber

company that gains control over another company

acquiring company

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

übernehmende/erwerbende Gesellschaft

(UK) company that has gained control over another company through a merger and remains in existence after the merger

(US survivor)

acquisition of controlling shares

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

purchase of shares owned by shareholders who have a controlling interest

actual damages

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

(unmittelbarer Schaden)

see general damages

ad hoc

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

zu diesem Zweck

for this purpose

adjudicate

Tastatur-Befehle:

= drehen,

= vor-/rückwärts,

= scrollen

urteilen

to make a formal decision about something; to act as judge in a dispute

adopt into law

Commandes clavier:

= tourner,

= avant/arrière,

= faire défiler

als Recht annehmen

to accept as part of a greater system of laws through legislative process

adversarial system

Commandes clavier:

= tourner,

= avant/arrière,

= faire défiler

gegnerisches System

system where two sides disagree with and oppose each other

advocate

Anwalt/Advokat

person who pleads in court

affidavit

eidesstattliche Versicherung/Erklärung

written statement which might be used as proof in court that somebody makes after they have sworn officially to tell the truth

alienability

Übertragbarkeit

possibility to be transferred

annual general meeting (AGM)

Jahreshauptversammlung

yearly meeting of shareholders of a company where various company actions may be presented and voted upon

answer

Stellungsnahme

principal pleading by the defendant in response to a complaint

anticipatory breach

Vertragsbruch vor Fälligkeit der Leistung

breach of contract committed before performance is due. The non-breaching party may regard this as an immediate breach and sue for damages

anti-competitive

wettbewerbswidrige Abrede

(UK) describes conduct that harms the market or limits competition among businesses

(US restraint of trade)

antitrust

Kartellrecht

(US) body of law that regulates business activities and markets, especially agreements and practices that limit competition

(UK competition law)

apparent authority

scheinbare Autorität

power which an agent appears to have, or holds himself out as having, and which a third party reasonably believes actually exists, though not formally granted by its principal/employer

appellant

Beschwerdeführer/Bittsteller

person who appeals a decision to a higher court

(US) see petitioner

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Cartes-fiches

Bar Vocational Course

ca. beruflicher Anwaltskurs

(UK) required course to be taken by law graduates wishing to practise law as an barrister. This is followed by a period of pupillage.

vocational = beruflich

barriers to entry

Einstiegshürden

obstacles which make it difficult for a business to enter into market. Some examples include patents, customer loyalty, research and development, distributor or supplier agreements, and government regulations

barrister

Anwalt

(US) lawyer admitted to plead at the bar and in superior courts; a member of one of the Inns of Court

barristers' chamber

Anwaltskammer

offices of barristers or a group of barristers

beneficiary

Begünstigter

person entitled to draw payment

(entitled = berechtigt)

benefit of the bargain' damages

see: expectation damages (--> compensation for the loss of benefits that a person would have received had the contract been performed

bill

Rechnung

formal proposal for legislation

bill of exchange

Wechsel (Finanzwesen)

(UK) negotiable instrument for a specified sum of money which is written and names three parties: the drawer (the person paying), the drawee (the person who will conduct payment) and the payee (the person who receives the payment)

board of directors

Verwaltungsrat

group of individuals elected by shareholders to make the major decisions of the company

bona-fide purchaser for value

gutgläubiger Erwerber gegen Entgelt

someone who holds a negotiable instrument in good faith

bonus

Bonus

payment above what was due or expected

boutique firm

law firm that specialises in a specific area of law

breach of contract

Vertragsverletzung / Vertragsbruch

brief

Schriftsatz / Auftrag / Kurzdarstellung / Mandat

document or set of documents containing the details of a court case

by-law

Verordnung

(UK) municipal law

(US) ordinance

bylaws

Statuten

(US) documnet that defines a company's internal organisation

(UK) articles of association)

call to the Bar

(UK) granting of permisson to practise law as a barrister

(US) admission to the Bar

capital structure

Kapitalstruktur

distribution of a company's debt and stock

capitalisation

Marktkapitalisierung

act of providing capital for a company through the issuance of securities

capitalisation issue

process whereby a company's money is converted into capital and then distributed to shareholders as new shares

cartel

Kartell

group of similar independent companies who agree to join together to control prices and limit competition

case law

(also common law, judge-made law)

Fallrecht (Richterrecht; Präzedenzrecht)

body of law formed through judicial/court decisions, as opposed to law formed through statutes or written legislatioin

certificate of deposit

Einlagenzertifikat (Hinterlegungsschein)

certificate issued by the bank acknowledging reseipt of money and promising to pay it back. a promissory note issued by a bank

certificate of incorporation

Gründungsurkunde (Herkunftsnachweis)

document issued by a governmental authority granting a company status as a legal entity

(entity = Einheit/Gebilde)

Certificate of Incorporation on Change of Name

certificate issued by Companies House when a company wishes to change its name. A copy of the special resolution of the company authorising a change of name must be submitted to Companies House along with a fee.

cheque

Scheck

a signed written order by its maker directing a bank to pay a specified sum to a named person or to that person's order on demand

choice of law

Rechtswahl --> Festlegung, welches Recht zur Anwendung kommt

civil law

Zivilrecht

1) legal system developed from Roman codified law, established by a state for its regulation

2) area of the law concerned with non-criminal matters, rights and remedies

(remedies = Rechtsbehelfe/Rechtsmittel)

claimant

Kläger

clerk

Sachbearbeiter

collateral

Sicherheit (Sicherheitspfand)

property pledged as security for repayment of a debt obligation

collective bargaining

Tarifverhandlungen

process of negotiations between trade unions and employers, usually regarding the terms and conditons of employment

comity

Anerkennungsprinzip

principle that one country or jurisdiction will recognise the laws, decisions and legislation of another country or jurisdiction as a matter of courtesy and respect to that country

commercial lease

lease entered into for business purposes, e.g. to sell products from, as opposed to private purposes, e.g. residential lease

common law

Allgemeines Recht

Companies House

(UK) institution where all limited companies in the UK must be registered. It is an Executive Agency of the UK government Department of Trade and Industries (DTI)

competition law

Wettbewerbsrecht / Kartellrecht

(UK) body of law that regulates business activities and markets, especially agreements and practices that limit competition

(US) antitrust law --> Kartellrecht

complaint

Beschwerde

first pleading filed on behalf of a plaintiff whicht intiates a lawsuit, setting forth the facts on which the claim is based (civil law)

compulsory winding-up

unfreiwilliger Konkurs

(UK) liquidation of a company after a petition to the court, usually by a creditor

(US) involuntary bankruptcy

bankruptcy

Konkurs (US)

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