LEGAL ENGLISH II
Legal English II Spring Semester 2015 Sprachenzentrum Basel
Legal English II Spring Semester 2015 Sprachenzentrum Basel
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Flashcards
Ratio decidendi
Entscheidungsgrund
Sorgfaltspflicht
duty of care
A duty of care is a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing acts likely to harm others. Duty of care is the first element that must be established to proceed with an action in negligence.
Kläger, Klagepartei
Plaintiff / Claimant
***
"appellant" and "respondent" = In case, the parties are appealing court or administrative board judgment to higher court
"applicant" and "respondent" = in case of interpretation of a contract or question on the ownership of property or land.
nebenbei gesagtes
Lateinisch
Obiter dictum
Schaden
damage
Beklagte
defendant
Entscheidung
Holding
Ruling
Schadensersatz
damages
special damages = quantifizierbarer Schadenersatz
Special damages are based on measurable dollar amounts of actual loss, while general damages are for intangible losses
Fundstelle in Register
Case citation
Fahrlässigkeitsdelikt
Torts negligence
Vorsatzdelikte
intentional torts
An intentional tort occurs if the defendant intended for the physical consequences to happen or knew or should have known that the intended consequences were likely to happen because of his/her conduct.
Fahrlässigkeit
negligence
Every person is responsible for injury to the person or property of another, caused by his or her negligence. Negligence is the failure to use reasonable care. Negligence may consist of action or inaction.
Geltend machen, Fordern, Antrag
Claim
Verb: Gesetz/ Verordnung erlassen
Nomen: Streitpunkt, Sachverhalt, Fal
issue
mildern, schwächen
mitigate
Schadensmilderungspflicht
duty of mitigate
A person who claims damages as a result of another's negligence or breach of contract has a duty under the law to "mitigate" those damages, so that they must take advantage of any reasonable opportunity under the circumstances to reduce or minimize the loss or damage.
Dem Einwilligenden geschieht kein Unrecht
Latein
Volenti non fit injuria
Genugtuung
General damages
General damages are those which are traceable to, and are the probable and necessary result of, the injury complained of, or which are presumed by or implied in law to have resulted therefrom.
Personenschaden
Personal damages
Personal injury law involves injury which is caused accidentally by another's failure to use reasonable care.
Mitverschulden/ verursachen
contributory negligence
Contributory negligence is a doctrine of common law that if a person was injured in part due to his/her own negligence the injured party was barred from recovering any damages (money) from another party who was claimed to have caused the accident.
Deliktsrecht
Fahrlässigkeitsdelikt
law of torts
Negligent tort means a tort committed by failure to act as a reasonable person to someone to whom s/he owes a duty, as required by law under the circumstances. Further, negligent torts are not deliberate, and there must be an injury resulting from the breach of the duty.
The elements of negligent tort are : that there must be a breach of duty to a known standard of care; that the breach of that duty was the actual cause and the proximate cause of the harm to the plaintiff; and that the plaintiff was harmed, to which the law provides a remedy.
Belästigung
Nuisance
Hausfriedensbruch
tresspass (to land)
Körperverletzung
battery
Vorsatzdelikte
intentional torts
An intentional tort occurs if the defendant intended for the physical consequences to happen or knew or should have known that the intended consequences were likely to happen because of his/her conduct.
Rangfolge / Rangordnung
Hierarchy
Minderheitsmeinung in Gerichtsentschieden
dissenting opinion (or dissent) is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
Rechtsfrage
legal issue, the question the Court must decide
Parteienbezeichnung
designation
***
litigants = A party engaged in a lawsuit. Engaged in a lawsuit.
Anwalt der Dokumente vorbereitet
Solicitor, Attorney
Anwalt vor Gericht
Barrister, Advocate
Anweisungen
legal instructions
Instructions (Client inform the lawyer about the facts of his case)
Der Kläger hat behauptet, verfechtet
the claiment contend that = said, mention etc.
Kompromiss
Der Vergleich
compromise
compromise agreement
Anwaltsprüfung
bar exam
Klage wegen Körperverletzung
Personal injury claim
Kausalhaftung
strict liability
like: owning a dangerous animal, responsable for a dangerous situation
Brief:
Anschrift und Endung wenn man Klient bei Namen kennt
Dear Ms...
Yours sincerely