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2. LEGAL ENGLISH Sorawit Limparangsri Judge of Office of the President of the Supreme Court (www.library.coj.go.th) 3. LEGAL ENGLISH Sorawit Limparangsri Judge of Office of the President of the Supreme Court 1 4,000 ISBN 978-616-7140-19-3 50 513/124 37 () 10700 . 0-2412-9460 0-2864-6997 08-9675-3922 .. 2554 (www.library.coj.go.th) 4. (www.library.coj.go.th) 5. Legal English ( ) (www.library.coj.go.th) 6. TABLE OF CONTENT 1. Types of Laws 5 2. Procedural Law 20 3. Nature of Contract Law 52 4. World Wackiest Lawsuit 1 70 5. World Wackiest Lawsuit 2 74 6. Res ipsa loquitur 78 7. Criminal Law 93 (www.library.coj.go.th) 7. The wording of laws should mean the same thing to all men. Chalres Louis de Montesquieu (www.library.coj.go.th) 8. LEGAL ENGLISH 3 - (www.library.coj.go.th) 9. 4 LEGAL ENGLISH (Civil Law) (Common law) (United Nations Commission on International Trade Law - UNCITRAL) Civil Law Common Law (Model law on international commercial arbitration) (Model law on electronic commerce) (www.library.coj.go.th) 10. LEGAL ENGLISH 5 .. 2545 .. 2544 Legal English 4 U Types of Laws Substantive versus procedural law.1 It is important at the outset to differentiate between the substance of the law and the process or procedures of the law. The former-that is, substantive law - is concerned with the content, or substance, of the law. In criminal law, for example, the substantive 1 Excerpt from American Law and Legal Systems by James V. Calvi and Susan Coleman. - (www.library.coj.go.th) 11. 6 LEGAL ENGLISH substantive law substance substantive Adjective law will define what kind of behavior is considered to be antisocial and prescribe the kind of punishment that will be imposed for engaging in it. The substantive law will clearly define the elements of the crime ... and the range of punishment (five to ten years imprisonment) that may be handed out upon conviction. ... ( ) Legal Vocabulary Substantive law Procedural law Prescribe Punishment Element Crime Imprisonment Conviction (www.library.coj.go.th) 12. LEGAL ENGLISH 7 substantive law Procedural law Procedure prescribe ... the substantive law will ... prescribe the kind of punishment .... prescribe prescription prescription prescription drug (www.library.coj.go.th) 13. 8 LEGAL ENGLISH prescribe promulgation promulgate enact enactment promulgate enact q The Parliament has promulgated a new law prescribing the kinds of business that foreigners cannot engage. [ ] q The Central Intellectual Property and International Trade Court enacts a new rule governing the adduction of electronic evidence in the court. (www.library.coj.go.th) 14. LEGAL ENGLISH 9 [ ] prescribe punishment punish punish (adjective) punish punishable punishing q The punishment for robbery prescribed by the Criminal Code is imprisonment for 5 to 10 years or fine for 10,000 to 20,000 baht. [ (www.library.coj.go.th) 15. 10 LEGAL ENGLISH 5 10 10,000 20,000 ] q Harry is punished for breaking into Helens house last month. [ ] q Under the draft bill submitted to the Parliament, illegally acting as a nominee of a foreigner in prescribed business is punishable by imprisonment and fine. [ ] q The terrorists suffered a punishing defeat last night when the army attacked their training camp in the jungle. [ ] The substantive law will clearly define the elements of the crime ... and the range of punishment (five to ten years imprisonment) that may be handed out upon conviction. crime (www.library.coj.go.th) 16. LEGAL ENGLISH 11 offense offence ( ) crime criminal (adjective) (noun) q The act of negligently damaging property of other persons is not a criminal offense. [ ] q A criminal has escaped from the custody of the police last night. [ ] Punishment Punishment Punish (www.library.coj.go.th) 17. 12 LEGAL ENGLISH q The punishment that the defendant receives is suspension of the right to vote in a political election for the period of five years. [ ] q The defendant is punished for committing fraud in an election. [ ] Punish Punishable (adjective) () carry a punishment of be liable to be punished by q Murder is punishable by death, life imprisonment or imprisonment for fifteen to twenty years. [ ] q Murder carries a punishment of death, life imprisonment or imprisonment for fifteen to twenty years. [ ] (www.library.coj.go.th) 18. LEGAL ENGLISH 13 q A defendant who commits murder is liable to be punished by death, life imprisonment or imprisonment for fifteen to twenty years. [ () ] murder death Capital punishment capital capital punishment (extremely serious) (www.library.coj.go.th) 19. 14 LEGAL ENGLISH death penalty Imprisonment Imprison prison Im In Prison Imprison q Somchai is imprisoned for committing a murder. [] q Somchai is punished by imprisonment for commit- ting a murder. [ ] Conviction (www.library.coj.go.th) 20. LEGAL ENGLISH 15 Conviction q Daeng appealed against his conviction on the charge of murder, but the Court of Appeal affirmed the conviction. [ ] conviction Convict convict convict q Surachai was convicted of libel. [ ] (www.library.coj.go.th) 21. 16 LEGAL ENGLISH q The Criminal Court convicted Sanya of contempt of the court. [ ] q A convict escaped from the prison when the prison guard fell asleep. [ ] q At the first moment when the jury found John guilty as charged and he officially became a convict, he was so embarrassed that he wanted to commit suicide. [ ] convict Con Inmate Prisoner Offender Wrongdoer Wrongdoer (www.library.coj.go.th) 22. LEGAL ENGLISH 17 Offender convict offender convict q Regardless of the seriousness of his offense of which he was convicted, an inmate is entitled to medical treatment when he becomes ill. [ ] q Prisoners in a remote prison held a demonstration after a prisoner had been physically abused by prison guards. [ ] q The wrongdoer in this case who negligently drove the car into the gift shop agreed to compensate (www.library.coj.go.th) 23. 18 LEGAL ENGLISH for all damages that the owner of the shop incurred. [ ] q An offender who committed a premeditated murder may face death penalty if he is found guilty. [ ] (www.library.coj.go.th) 24. LEGAL ENGLISH 19 Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than it be settled right ... The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical science, is appropriate also in the judicial function. Judge Brandeis ... (www.library.coj.go.th) 25. 20 LEGAL ENGLISH Procedural law Procedural law governs the process of the law. ...[We] are as much concerned about how the law is applied as about the substance of the law itself. ... Consequently, we guarantee everyone, especially those charged with criminal offenses, due process of law. We make this guarantee because our system of constitutional government is based upon the idea that there are limits to governmental power and that even those in authority must adhere to the rule of law. We wish to prevent government from acting toward us in an arbitrary fashion, and so we believe that even a person charged with the most heinous crime is entitled to have his or her day in court gove- rned by a set of preordained rules of fairness. Thus, we guar- antee the accused the right to remain silent before his or (www.library.coj.go.th) 26. LEGAL ENGLISH 21 her accusers, the right to a trial by jury, and the right to coun- sel. Even after a conviction, the Consti-tution protects the condemned person from cruel and unusual punishment. Charge those who are charged with criminal offenses 2 2 To accuse. Black Law Dictionary (6th Ed.). Legal Vocabulary Charge Preordained Offense Accused Due process Right to remain of law silent Government Trial Adhere Jury Rule of law Right to counsel () Arbitrary Cruel and unusual punishment Heinous (www.library.coj.go.th) 27. 22 LEGAL ENGLISH 3 The specific crime that the defendant is accused of committing. Black Law Dictionary (6th Ed.). 4 The final address by judge to jury before verdict. Black Law Dictionary (6th Ed.). 3 q Danny is charged with committing perjury. [ ] q The charge that Danny is accused of committing is perjury. [ ] charge 4 q The charges that the judge gave to the jury prior to their deliberation comprise the criteria under which the defendant can be judged committing perjury. [ ] (www.library.coj.go.th) 28. LEGAL ENGLISH 23 Offense Offence 5 q Danny committed the offense of perjury. [ ] Due process of law 6 5 A breach of the criminal laws. Black Law Dictionary (6th Ed.). 6 Such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs. Black Law Dictionary (6th Ed.). (www.library.coj.go.th) 29. 24 LEGAL ENGLISH q The right to be heard is one of the fundamental elements of the principle of due process of law. [ ] q It is against the principle of due process of law if the defendant is forced to incriminate himself. [ ] Government Government Government 3 Government (www.library.coj.go.th) 30. LEGAL ENGLISH 25 Executive power Government Government Government (Federal) (State) Govern Government Govern q The government may not intrude into the realm of privacy of an individual unless the laws (www.library.coj.go.th) 31. 26 LEGAL ENGLISH specifically provide for such intrusion. ( ) q The new government has been set up after the Labour Party wins the election and its leader becomes the prime minister. ( ) q The laws on foreign business govern the types of business in which foreigners can engage in Thailand. ( ) government govern govern (www.library.coj.go.th) 32. LEGAL ENGLISH 27 Governor governor governor Gubernator Governor Government Gubernaculum Gubernator Government We make this guarantee because our system of constitutional government is based upon the idea that there are limits to governmental power and that even those in authority must adhere to the rule of law. Government (www.library.coj.go.th) 33. 28 LEGAL ENGLISH Government Governmental (adjective) Governmental power Governmental q Governmental agency q Governmental body governmental agency q Governmental agent q Governmental act q Governmental activity q Governmental building/facility (www.library.coj.go.th) 34. LEGAL ENGLISH 29 governmental governmental facility governmental facility Govern Governing body (..) The Judicial Commission is the governing body in terms of the personnel matters for judicial officers of the Court of Justice. Govern (www.library.coj.go.th) 35. 30 LEGAL ENGLISH Governing law Conflict of Laws Rules This Contract shall be governed by the laws of Thailand. Applicable law (www.library.coj.go.th) 36. LEGAL ENGLISH 31 The applicable law of this Contract shall be the laws of Thailand. This Contract shall be construed in accordance with the laws of Thailand. We make this guarantee because our system of constitutional government is based upon the idea that there are limits to governmental power and that even those in authority must adhere to the rule of law. adhere adhere adhere adhere q Politicians who want to run in the next election must adhere to the regulations prescribed by the election commission, or they will risk being disqualified. ( (www.library.coj.go.th) 37. 32 LEGAL ENGLISH ) q Toy manufacturers who do not adhere to the safety standard lose a lot of money, because their toys have been returned from many retailers around the world. ( ) adhere We adhere to the view that this country should have a democratic government as soon as possible. We adhere to the opinion that the global warming is a mutual problem of all countries that should cooperate to solve this problem. adhere adhesion (www.library.coj.go.th) 38. LEGAL ENGLISH 33 adhere Black Law Dictionary (6th Edition) Accession adhesion accession accession adhesion adhesion accession accession 7 adhesion adhesion contract 7 http://untreaty.un.org/English/TreatyHandbook/glossary.htm. (www.library.coj.go.th) 39. 34 LEGAL ENGLISH (Take it or leave it) adhesion contract (unfair contract terms) .. 2542 Rule of law the supremacy of law (www.library.coj.go.th) 40. LEGAL ENGLISH 35 We wish to prevent government from acting toward us in an arbitrary fashion, and so we believe that even a person charged with the most heinous crime is entitled to have his or her day in court governed by a set of preordained rules of fairness. arbitrary (adverb) arbitrarily q Police cannot arbitrarily arrest a person without an arrest warrant except for hot pursuit. ( ) q An exercise of authority without any consideration to the proper procedure or without any predeter- mined plan is just another kind of an arbitrary exercise of power. ( (www.library.coj.go.th) 41. 36 LEGAL ENGLISH ) heinous have his or her day in court have an opportunity to be heard preordained 2 ordain pre prefix ordain pre -ed (adjective) (www.library.coj.go.th) 42. LEGAL ENGLISH 37 arbitrarily q The prime minister ordained the complete overhaul of social security system due to the increased longevity of retirees. ( ) q The man is preordained to become a successful businessperson, because he can turn everything into profit. ( ) q We cannot change the project, because it is carried out according to a preordained policy of the government. ( ) Thus, we guarantee the accused the right to remain silent before his or her accusers, the right to a trial by jury, and the right to counsel. (www.library.coj.go.th) 43. 38 LEGAL ENGLISH the accused accuse suspect accused defendant 2 prosecution by indictment prosecution by information (www.library.coj.go.th) 44. LEGAL ENGLISH 39 162 Prosecution by indictment Grand jury Jury Grand jury (Federal Rule of Criminal Procedure) 12 Grand jury 16 - 23 Grand jury Grand jury (www.library.coj.go.th) 45. 40 LEGAL ENGLISH Grand jury Prosecution by information Information (information) Felony Prosecution by indictment Prosecution by information (www.library.coj.go.th) 46. LEGAL ENGLISH 41 2 (1) (in open court) (2) (after being advised of the nature of the charge and of the defendants rights) Right to remain silent The Fifth Amendment (Being compelled to be a witness against himself) Trial (www.library.coj.go.th) 47. 42 LEGAL ENGLISH Trial Jury Grand jury Jury Jury Juror 12 (www.library.coj.go.th) 48. LEGAL ENGLISH 43 6 Cross-section Juror (www.library.coj.go.th) 49. 44 LEGAL ENGLISH Juror Juror 12 6 12 16 (www.library.coj.go.th) 50. LEGAL ENGLISH 45 4 Alternate juror (Federal Rule of Criminal Procedure) 6 Jury duty Jury selection process Prospective jurors (www.library.coj.go.th) 51. 46 LEGAL ENGLISH 200 Voir dire (1) 6 Availability for service (2) Racial attitude (www.library.coj.go.th) 52. LEGAL ENGLISH 47 (3) Death penalty attitude - ( ) (4) Challenge for cause Challenge Cause (www.library.coj.go.th) 53. 48 LEGAL ENGLISH Preemptory challenge preemptory challenge (Federal courts) Challenge for cause 64 8 3 6 48 16 12 (www.library.coj.go.th) 54. LEGAL ENGLISH 49 4 Alternate jurors The jury is out. The jury is out. q The Election Commission has heard all evidence and arguments that the political parties under investigation have submitted. We cannot be certain what will be the outcome. The jury is still out. ( (www.library.coj.go.th) 55. 50 LEGAL ENGLISH ) q We forgot to do out homework. We dont know what kind of punishment the teacher will impose upon us. She has taken our notebook to her room. So, the jury is out. What we can do right now is just waiting for her to come back and tell us her decision. ( ) Jury The right to counsel 6 (The Sixth Amendment) Counsel (1) (www.library.coj.go.th) 56. LEGAL ENGLISH 51 consultation (2) advice (3) q The counsel has given us a lot of arguments that we can submit to the courts. ( ) q My uncle has counseled against the use of our old car in traveling to the West coast this summer. ( ) cruel and unusual punishment 8 (The Eighth Amendment) (www.library.coj.go.th) 57. 52 LEGAL ENGLISH Nature of Contract Law Nature of Contract Law The law of contracts is concerned primarily with the enforcement of promissory obligations. Contractual liability may be based on consent given in the form of an express promise or one implied in fact from the acts of the parties. Furthermore, in some circumstances a court will impose liability on a person for restitution in order to avoid unjust enrichment despite lack of consent by that person. Legal Vocabulary promissory liability obligation consent contractual unjust enrichment (www.library.coj.go.th) 58. LEGAL ENGLISH 53 Promissory Promise Promise Promise Promise (www.library.coj.go.th) 59. 54 LEGAL ENGLISH Promise Promise q Our parents promise that they will take us to the beach this summer. ( ) q The borrower promises to repay the loan within the period of 5 years from the drawdown date. ( ) q Our party must fulfill the promise given during the election campaign if we want to preserve the trust of the public. ( ) Promissory Promissory Obligation Promissory Promissory note P/N (www.library.coj.go.th) 60. LEGAL ENGLISH 55 Promissory Promissory note Note (Promise) Obligation Obligation Obligate Oblige Obligation Principal obligation Accessory obligation Principal obligation (www.library.coj.go.th) 61. 56 LEGAL ENGLISH Principal obligation Accessory obligation q In a loan agreement, the principal obligation of the borrower is to repay the loan to the lender. ( ) q Other obligations of the borrower such as the duty to send the lender a copy of the borrowers annual financial statement are considered to be the (www.library.coj.go.th) 62. LEGAL ENGLISH 57 accessory obligations. ( ) Principal obligation Accessory obligation Principal obligation Accessory obligation Primary obligation Secondary obligation (www.library.coj.go.th) 63. 58 LEGAL ENGLISH Primary obligation Principal obligation Accessory obligation Secondary obligation Secondary obligation Principal obligation Accessory obligation Primary obligation (www.library.coj.go.th) 64. LEGAL ENGLISH 59 Secondary obligation Contractual, Contract and Agreement Contractual Contract Contract Agreement Contract Agreement 8 Agreement 8 Black Law Dictionary (Abridged Sixth Edition), p.44. Although often used as synonymous with contract, agreement is a broader term; e.g. an agreement might lack an essential element of a contract. The bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance. U.C.C. 1-201(C); Uniform Consumer Credit Code, 1.301(3). (www.library.coj.go.th) 65. 60 LEGAL ENGLISH Agreement Agreement Contract Agreement Contract Agreement Agreement Contract Agreement Contract Contract Agreement Contract (www.library.coj.go.th) 66. LEGAL ENGLISH 61 Agreement Agreement Contract 9 (1) (Their language) (2) (By implication from other circumstances) (a) (Course of Performance)10 (Agreement) (b) (Course of Dealing)11 9 U.C.C. 1-201(b)(3). 10 U.C.C. 1-303(a). 11 U.C.C. 1-303(b). (www.library.coj.go.th) 67. 62 LEGAL ENGLISH (c) (Usage of Trade)12 - (Course of Dealing) Agreement 12U.C.C. 1-303(c). (www.library.coj.go.th) 68. LEGAL ENGLISH 63 q Company A and Company B have entered into a contract for the sale of the headquarter building of Company B for the price of 200 million baht. ( ) q The fact that Company B delivered the goods according to the amount, and to the place, specified by Company A can be considered as a sale agreement between Company A and Company B. ( ) q Directors of Company A and Company B have finally signed the joint venture agreement that both companies have negotiated for such a long time. ( ) Contractual Contract Agreement Contractual Adjective (www.library.coj.go.th) 69. 64 LEGAL ENGLISH Contract Agreement Adverb Contractually Adjective Adverb q Company A has a contractual obligation to pay the price of the goods after it has taken delivery of the goods. ( ) q Company A is contractually bound to pay the price of the goods after it has taken delivery of the goods. ( ) Contract Contract Principal Contract Accessory Contract Principal Contract Accessory Contract (www.library.coj.go.th) 70. LEGAL ENGLISH 65 (Accessory contract) (Principal contract) Accessory contract (Mortgage) (Pledge) (Guaranty) q The loan agreement is considered to be a principal contract because the obligations of the borrower are secured by the mortgage. ( ) q The contract of guaranty is terminated because it is an accessory contract that has to be terminated when the obligations under the principal contract have been fulfilled. ( ) Liability Liability (www.library.coj.go.th) 71. 66 LEGAL ENGLISH Strict liability (), Product liability (), Vicarious liability () q The manufacturer of a product incurs a liability when the product that he puts on the market causes harms and injury to the buyer or any bystander. ( ) q The borrower of a car has a liability to pay for damages to the lender when she fails to return the car within the specified period and the car was destroyed by the storm. ( ) Consent Consent (www.library.coj.go.th) 72. LEGAL ENGLISH 67 Consent Consent (Tort) Consent Consent (Rape) Age of consent (www.library.coj.go.th) 73. 68 LEGAL ENGLISH Age of majority Age of consent Age of majority Majority Minor Majority Age of consent Age of majority Legal age Informed consent Consent Informed consent Informed consent (www.library.coj.go.th) 74. LEGAL ENGLISH 69 Express consent Express consent Implied consent Implied consent Unjust enrichment Unjust enrichment (Unjust) (www.library.coj.go.th) 75. 70 LEGAL ENGLISH World wackiest lawsuits13 1 13 Richard Bauman and C.A. Boyer, Legal Lunacies (Accord Publishing Ltd., 2006). A male customer in tight-fitting, see-through bikini pants, says underwear caused a sexual harassment suit - not against him but against the grocery store where he was shopping. Several employees of the store filed the suit. They complained to the manager about the man, they said, but the manager refused to remove him from the store. The employee claimed emotional distress over the incident and that the store fostered an atmosphere of discrimination and sexual harassment. (www.library.coj.go.th) 76. LEGAL ENGLISH 71 ( ) (www.library.coj.go.th) 77. 72 LEGAL ENGLISH Sexual harassment (www.library.coj.go.th) 78. LEGAL ENGLISH 73 19 (General Recommendation No. 19) (Convention on the Elimination of All Forms of Discrimin- ation against Women - CEDAW) (Sexual harassment) (www.library.coj.go.th) 79. 74 LEGAL ENGLISH World wackiest lawsuits14 2 14 Richard Bauman and C.A. Boyer, Legal Lunacies (Accord Publishing Ltd., 2006). Its ludicrous, they want to place pregnant women on a 30-mile leash, claimed a woman in a lawsuit against her health insurance company. It has a rule that women eight months pregnant have to stay within 30 miles of their doctors office. She gave birth while on vacation, about 70 miles from home. Though she used the insurance companys hospital, the company refused to pay her hospital bills because she hadnt stayed home. (www.library.coj.go.th) 80. LEGAL ENGLISH 75 30 30 70 30 8 (www.library.coj.go.th) 81. 76 LEGAL ENGLISH Claim state or assert to be true assert or demand as ones right Claimant q Somsak claimed that his car was hit by Somsris car. () q Somsak claimed for damages that he incurred in having his car fixed. ( ) Lawsuit Suit (www.library.coj.go.th) 82. LEGAL ENGLISH 77 Lawsuit Insurance Health insurance Life insurance Automobile insurance Insurance company Insurer Insured Beneficiary (www.library.coj.go.th) 83. 78 LEGAL ENGLISH Res ipsa loquitur The law does not require a plaintiff in a negligence case to prove negligence beyond a reasonable doubt; plaintiff needs only to establish by a prepon- derance of the evidence that the defendant failed to use due care. When a heavy object falls out of a window, the likelihood of its custodians negligence is quite high. Chances are better than fifty-fifty that this storekeeper or his servants were negligent in their dealings with this barrel. Reasonable jurors could infer negligence by bringing their own worldly knowledge about such (www.library.coj.go.th) 84. LEGAL ENGLISH 79 events to bear on the facts proved. The pedestrians case was strong enough to escape a nonsuit; he adduced circumstantial evidence tending to show that the storekeeper was negligent. Baron Pollock, using the Latin phrase for the first time in negligence law, put it this way: There are certain cases of which it may be said res ipsa loquitur, the thing speaks for itself, and this seems one of them. In some cases the Courts have held that the mere fact of an accident having occurred is evidence of negligence ... ... (www.library.coj.go.th) 85. 80 LEGAL ENGLISH Res ipso loquitur 436 436 (www.library.coj.go.th) 86. LEGAL ENGLISH 81 436 Res ipsa loquitur Plaintiff Plaint Plaintiff Plaint Plaint Plaint Complaint Complaint Plaint Complaint Complaint Complain t Complaint Complain Complaint (www.library.coj.go.th) 87. 82 LEGAL ENGLISH Negligence Negligent Negligence The failure to use such care as a reasonably prudent and careful person would use under similar circumstances. A reasonably prudent and careful person A reasonably prudent person (www.library.coj.go.th) 88. LEGAL ENGLISH 83 Negligence q Somsaks negligence caused Somsris injury. () q Somsak negligently drove his car, and ran into Somsri. () Beyond a reasonable doubt Preponderance of the evidence Beyond a reasonable doubt doubt reasonable a reasonable doubt A doubt based on reason and arising from evidence or lack of evidence, and must be a doubt that a (www.library.coj.go.th) 89. 84 LEGAL ENGLISH reasonable person might have. ( ) (a reasonable doubt) 2 (a doubt based on reason and arising from evidence or lack of evidence) (arising from evidence) (lack of evidence) q There is a reasonable doubt whether the defendant was the person who actually was swinging the baseball bat at the injured party, because the two (www.library.coj.go.th) 90. LEGAL ENGLISH 85 witnesses gave conflicting views. ( ) q A witness testified that he had seen the defendant leaving his house to drop the deceased at his residence, and returning 40 minutes later, but he found no bloodstains on his cloth. Since there is no other evidence, the defendant has to be acquitted because there is a reasonable doubt arising from the lack of evidence proving that the defendant was the murderer. ( 40 ) (a doubt that a reasonable person might have) a reasonable doubt (www.library.coj.go.th) 91. 86 LEGAL ENGLISH Give benefits of the doubt q The court gave the defendant benefits of the doubt and acquitted the defendant, because there was no evidence directly relating the defendant to the crime. ( ) q Although we are not so sure why the government has carried out such controversial policy, we give the government benefits of the doubt, and try our best to fulfill the governments goal. ( (www.library.coj.go.th) 92. LEGAL ENGLISH 87 ) Preponderance of the evidence Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it. ( ) Preponderance of the evidence Preponderance Superior (weight of evidence) 1. Opportunity for knowledge of the witnesses (www.library.coj.go.th) 93. 88 LEGAL ENGLISH 2. Information possessed by the witnesses 3. Manner of testifying (weight of evidence) q The manufacturer of the car has proved by the preponderance of the evidence that the car was not defective by adducing an automotive engineering professor, while the injured party adduced only five amateur auto hobbyists. ( ) (www.library.coj.go.th) 94. LEGAL ENGLISH 89 q The plaintiffs evidence carries greater weight than that of the defendant, and thereby proves by the preponderance of the evidence. ( ) Due care A reasonably prudent person Due care The degree of care that is ordinarily expected to be exercised by a reasonable person in order to prevent and avoid any harm under the same or similar circumstances. ( ) Due care due proper just regular lawful (www.library.coj.go.th) 95. 90 LEGAL ENGLISH q Due notice should be given before we can terminate the contract. ( ) q The defendant is entitled to a due process to ensure that his side of the story is properly heard. ( ) q With due respect to the opinion that has just been expressed by my senior colleague, I strongly disagree because I think the law should not be interpreted that way. ( ) Due ( Due ) q The loan is due today. If the borrower fails to repay the loan, he has to pay the default interest (www.library.coj.go.th) 96. LEGAL ENGLISH 91 at the rate of 20% per annum. ( 20 ) Nonsuit A judgment against a plaintiff for failure to prosecute a case or inability to establish a prima facie case. Nonsuit Adduce To offer as proof or evidence. to present evidence, to give evidence, to introduce evidence q The plaintiff has adduced an expert witness to testify on the issue of technical malfunction of the car. (www.library.coj.go.th) 97. 92 LEGAL ENGLISH ( ) q The defendant fails to adduce evidence capable of establishing that the defendant used due care in handling the construction. ( ) q The evidence given to the Commission does not support the decision made by the Commission. ( ) q The plaintiff presented evidence upon which the court can find a pattern of discrimination against woman. ( ) Circumstantial evidence Evidence that tends to prove a fact by proving other events or circumstances which afford a basis for a reasonable inference of the occurrence of the fact at issue. (www.library.coj.go.th) 98. LEGAL ENGLISH 93 Criminal Law The substantive criminal law defines murder, larceny, rape, burglary and all the other specific offenses. It deals with general principles of liabilities to punishment and the limitations of such liability by special defenses, such as insanity or self- defense. Criminal procedure is the formal machinery which has been established to enforce the substantive criminal law. Its broad out- lines include (1) accusation of crime, (2) determination of guilt or innocence and (3) disposition of those convicted. Within these broad outlines are found many provisions which include (1) (2) (3) (www.library.coj.go.th) 99. 94 LEGAL ENGLISH among others, the complaint, warrant of arrest, arrest (with or without a warrant), preliminary examination, commitment (or release on bail or discharge at this point) ..., indictment or information, arraignment, pleading, motion for new trial, appeal, execution of sentence, probation, parole and pardon; to which might be added, without exhausting the list, such terms as habeas corpus, coram nobis, and extradition.15 15 Rollin M. Perkins and Ronald N. Boyce, CRIMINAL LAW (3rd Ed.) p.1. ( ) ( ) ... (www.library.coj.go.th) 100. LEGAL ENGLISH 95 Murder murder malice aforethought murder 288 murder First degree murder First degree murder Murder committed with deliberately premeditated malice aforethought. murder premeditated First degree murder 289 (4) (www.library.coj.go.th) 101. 96 LEGAL ENGLISH q Eric is charged with first degree murder because he planned how he would kill Danny since last month. ( ) First degree murder Murder committed with extreme atrocity or cruelty, or the commission of a crime punishable with death or imprisonment for life. atrocity cruelty First degree murder extreme 289 (5) First degree murder Murder committed in the commission or attempted commission of a crime punishable with death (www.library.coj.go.th) 102. LEGAL ENGLISH 97 or imprisonment for life. punishable with death Capital punishment imprisonment for life 289 (6) (7) q John is charged with first degree murder because he killed the security guard before he took away the gold necklaces that were put on show in the shop. ( ) Larceny Larceny Larceny q Taking away of the property q Without the consent or against the will of the owner or possessor q With (www.library.coj.go.th) 103. 98 LEGAL ENGLISH a felonious intent to convert the property to the use of someone other than the owner. Larceny Grand Larceny Petit Larceny Grand Petit Grand Petit Grand Larceny 100 Larceny Misappropriation Larceny of property lost (www.library.coj.go.th) 104. LEGAL ENGLISH 99 352 Larceny of property mislaid or delivered by mistake (Nature of the property) (Amount of the property) (Identity of the recipient) Larceny of property delivered by mistake . . . . (Identity of the recipient) Rape Rape without her consent or against her will (www.library.coj.go.th) 105. 100 LEGAL ENGLISH q Compel to submit by force q Compel to submit by threat of imminent death, seriously bodily injury, extreme pain or kidnapping q Control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance q Uncon- scious Rape Statutory rape Statutory Statute Rape Statutory rape (www.library.coj.go.th) 106. LEGAL ENGLISH 101 Model Penal Code Model Penal Code Model (United Nations Commission on International Trade Law UNCITRAL) UNCITRAL Model Penal Code (www.library.coj.go.th) 107. 102 LEGAL ENGLISH American Law Institute ALI ALI Restatement Restatement ALI Restatement Model Code Restatement (www.library.coj.go.th) 108. LEGAL ENGLISH 103 Model Penal Code Herbert Wechsler16 - (Federal) Wechsler Model Penal Code .. 1931 .. 1951 Model Penal Code 16 Herbert Wechsler, The Challenge of a Model Penal Code, 65 Harv. L. Rev. 1097 (1952). (www.library.coj.go.th) 109. 104 LEGAL ENGLISH Model Penal Code Model Penal Code ALI .. 196217 Model Penal Code 30 .. 1967 .. 1975 .. 1979 18 Murder (1) It is committed purposely or knowingly (2) It is committed recklessly under circumstances manifesting extreme indifference to the value of human 17 Paul H. Robinson, The American Penal Code: A Brief Overview, 10 New Crim. L. Rev. 319 (2007), 18 Id. (www.library.coj.go.th) 110. LEGAL ENGLISH 105 life. Burglary and Trespass Burglary (Model Penal Code) Burglary A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary Burglary (www.library.coj.go.th) 111. 106 LEGAL ENGLISH Trespass Trespass A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass Burglary Burglary Burglary (Building) Trespass Premise Trespass (www.library.coj.go.th) 112. LEGAL ENGLISH 107 Burglary Trespass (not licensed or privileged) Burglary Burglary in the third degree When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime is armed with explosives or a deadly weapon, or causes physical injury to any person who is not a participant in the crime. (www.library.coj.go.th) 113. 108 LEGAL ENGLISH Burglary Burglary 8 362 365 362 364 Offense Offense (A violation of law for which penalty is prescribed.) (www.library.coj.go.th) 114. LEGAL ENGLISH 109 Criminal offense Civil offense Civil offense (Public nuisance) Offense Continuing offense 19(3) Continuing offense Continuing offense Continuing offense (www.library.coj.go.th) 115. 110 LEGAL ENGLISH Continuing offense Continuing offense 362 Continuing offense Continuing offense Included offense Included offense (Greater offense) (Lesser offense) (www.library.coj.go.th) 116. LEGAL ENGLISH 111 (Mental state) Lesser included offense Offense Multiple offenses Multiple Multiple offenses (A single act) 90 90 Multiple offenses Joint offense (www.library.coj.go.th) 117. 112 LEGAL ENGLISH Petty offense Petty offense 6 Insanity Insanity (Model Penal Code) 4.01 (www.library.coj.go.th) 118. LEGAL ENGLISH 113 (A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appre- ciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.) (Mental disease or defect) (www.library.coj.go.th) 119. 114 LEGAL ENGLISH Irresistible impulse (self- control) (choices of action) MNaghten Rule Irresistible impulse Irresistible impulse (www.library.coj.go.th) 120. LEGAL ENGLISH 115 MNaghten Rule MNaghten Rule (1) (Did the defendant have sufficient mental capacity to know and understand what he was doing?) (2) (Did the defen- dant know and understand that it was wrong and a violation of the rights of another?) (www.library.coj.go.th) 121. 116 LEGAL ENGLISH (Competency to stand trial) Competency to stand trial (www.library.coj.go.th) 122. LEGAL ENGLISH 117 (1) (Capacity to understand the nature and objective of the proceedings) (2) (Capa- city to consult with counsel) (3) (Capacity to assist in preparing his or her defense) Self-defense Self-defense A person is justified in theuse of force against an aggressor when and to the extent it appears to him and he reasonably believes that (www.library.coj.go.th) 123. 118 LEGAL ENGLISH such conduct is necessary to defend himself or another against such aggressors imminent use of unlawful force. One who is not the aggressor in an encounter is justified in using a reasonable amount of force against his adversary when he reasonably believes: (a) that he is in immediate danger of unlawful bodily harm from his adversary and (b) that the use of such force is necessary to avoid this danger. It may be reasonable to use nondeadly force against the adversarys nondeadly attack (i.e., one threatening only bodily harm), and to use deadly force against his deadly attack (an attack threatening death or () () ( ) (www.library.coj.go.th) 124. LEGAL ENGLISH 119 68 Immediate danger Imminent danger Imminent danger (cannot be guarded against by calling for the assistance of others or the protection of the law) Apparent danger 19 Model Penal Code 3.04. serious bodily harm), but it is never reasonable to use deadly force against his nondeadly attack.19 ( ) (www.library.coj.go.th) 125. 120 LEGAL ENGLISH Guilt and Innocence Guilt Guilty Guilty Guilty Plea (www.library.coj.go.th) 126. LEGAL ENGLISH 121 Guilty Guilty verdict q Daeng admits his guilt to the police after all evidence has been shown. ( ) q After a long deliberation, the jury has decided that the defendant is guilty as charged. ( ) q The court is satisfied that the defendant makes the guilty plea after he understands all charges. ( ) Guilt Innocence (www.library.coj.go.th) 127. 122 LEGAL ENGLISH Presumption of Innocence Complaint Complaint (Federal Rule of Criminal Procedure) 20 Complaint Magistrate Complaint 21 Complaint 20 Fed.R.Crim.P. 3 The complaint is a written statement of the essential facts constituting the offense charged. It must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. 21 Fed.R.Crim.P. 4 If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. ... (www.library.coj.go.th) 128. LEGAL ENGLISH 123 59 59/1 Magistrate Warrant of Arrest and Arrest Arrest Warrant of Arrest Arrest Warrant Complaint Bail Bail (www.library.coj.go.th) 129. 124 LEGAL ENGLISH Surety Bail bond Bond to post bail John has to post bail before he can obtain his temporary release from the court. Cash bail bond (www.library.coj.go.th) 130. LEGAL ENGLISH 125 Jack forfeited the cash that he posted as a bail with the court because he cannot bring John to appear before the court on the designated date. Unsecured bail bond Secured bail bond Release on own recognizance 110 (www.library.coj.go.th) 131. 126 LEGAL ENGLISH 111 Bailable offence Sentence Sentence (www.library.coj.go.th) 132. LEGAL ENGLISH 127 Probation Probation (suspension of sentence) Probation officer Probationer Probation Probate Probation Probate Probate proceeding (www.library.coj.go.th) 133. 128 LEGAL ENGLISH Probate jurisdiction Probate court Probate estate Executor/ Administrator of the estate Probative (serving to prove) Probative value Probative evidence Parole Parole Parole Board Parole Commission (Sentencing Guideline) Parole Board (www.library.coj.go.th) 134. LEGAL ENGLISH 129 Pardon Pardon Executive pardon Executive clemency Conditional pardon Absolute/unconditional pardon Habeas corpus Habeas corpus (www.library.coj.go.th) 135. 130 LEGAL ENGLISH Habeas corpus ad subjiciendum Coram nobis Coram nobis Extradition Extradition (www.library.coj.go.th) 136. LEGAL ENGLISH 131 I have a dream. 28 .. 1963 . (March on Washington for Jobs and Freedom) . I have a dream. ... I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. And some of you have come from areas where your ... - (www.library.coj.go.th) 137. 132 LEGAL ENGLISH quest-- quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair, I say to you today, my friends. And so even though we face the difficulties of today and - - (www.library.coj.go.th) 138. LEGAL ENGLISH 133 tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed: We hold these truths to be self-evident, that all men are created equal. I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering (www.library.coj.go.th) 139. 134 LEGAL ENGLISH with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today! I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nulli- fication -- one day right there in Alabama little black boys and black girls will be able to join hands with little -- (www.library.coj.go.th) 140. LEGAL ENGLISH 135 white boys and white girls as sisters and brothers. I have a dream today! I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; and the glory of the Lord shall be revealed and all flesh shall see it together. This is our hope, and this is the faith that I go back to the South with. With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, (www.library.coj.go.th) 141. 136 LEGAL ENGLISH we will be able to transform the jangling discords of our nation into a beautiful sym- phony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day. And this will be the day--this will be the day when all of Gods children will be able to sing with new meaning: My countrytis of thee, sweet land of liberty, .... Land where my fathers died, land of the Pilgrims pride, : ... (www.library.coj.go.th) 142. LEGAL ENGLISH 137 From every mountainside, let freedom ring! And if America is to be a great nation, this must become true. And so let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. ... From every mountainside, let freedom ring. And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of Gods children, black men and ... (www.library.coj.go.th) 143. 138 LEGAL ENGLISH white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual: Free at last! Free at last! Thank God Almighty, we are free at last! (www.library.coj.go.th) 144. LEGAL ENGLISH 139 A Accession 33 Accused 37 Adhere 31 Adhesion 32 Adhesion contract 33 Adduce 91 Age of majority 67 Agreement 59 Course of dealing 61 Course of performance 61 Usage of trade 62 American Law Institute 102 Applicable law 30 Arbitrary 35 Arrest 123 Warrant of arrest 123 B Bail 123 Bailable offence 126 Bail bond 124 Cash bail bond 124 INDEX Secured bail bond 125 Surety 124 Unsecured bail bond 125 Beyond a reasonable doubt 83 Burglary 105 C Charge 21 Challenge 47 Challenge for cause 47 Preemptory challenge 48 Circumstantial evidence 92 Claim 76 Competency to stand trial 116 Complaint 81,122 Complain 81 Consent 66 Age of consent 67 Express consent 68 Implied consent 69 Informed consent 68 (www.library.coj.go.th) 145. 140 LEGAL ENGLISH Governing body 29 Governing law 30 Government 24 Governmental act 28 Governmental activity 28 Governmental agency 28 Governmental agent 28 Governmental body 28 Governmental building 28 Governmental facility 28 Grand jury 39 Gubernator 27 Guilt 120 Guilty 120 Guilty plea 120 Guilty verdict 121 H Harbeas corpus 129 Heinous 36 I Indictment 39,94 Information 40 Contract 59 Accessory contract 64 Principal contract 64 Contractual 59,63 Coram nobis 130 Course of dealing 61 Course of performance 61 Cruel and unusual punishment 51 D Defendant 38 Discrimination 70 Due 89 Due care 89 Due process of law 23 E Evidence Circumstantial evidence 92 Extradition 130 G Govern 25 (www.library.coj.go.th) 146. LEGAL ENGLISH 141 Innocence 121 Presumption of innocence 122 Insanity 112 Competency to stand trial 116 Irresistible impulse 114 Mental defect 113 Mental disease 113 MNaghten Rule 114 Insurance 77 Automobile insurance 77 Beneficiary 77 Health insurance 77 Insurance company 77 Insured 77 Insurer 77 Life insurance 77 J Jury 42 Jury duty 45 Jury selection process 45 The jury is out. 49 Juror 43 Alternate juror 45 Prospective juror 45 K L Lawsuit 76 Larceny 97 Grand larceny 98 Larceny of property lost 98 Larceny of property mislaid 99 Larceny of property delivered by mistake 99 Petit larceny 98 Legal age 68 Liability 65 M Majority 68 Malice aforethought 95 Minor 68 (www.library.coj.go.th) 147. 142 LEGAL ENGLISH Misappropriation 98 Model Penal Code 101 Murder 95 First degree murder 95 N Negligence 82 O Obligate 55 Obligation 55 Accessory obligation 55 Primary obligation 57 Principal obligation 55 Secondary obligation 57 Oblige 55 Offense 23,108 Continuing offense 109 Greater offense 110 Included offense 110 Joint offense 111 Lesser offense 110 Multiple offenses 111 Petty offense 112 P Plaint 81 Plaintiff 81 Pardon 129 Absolute pardon 129 Conditional pardon 129 Executive clemency 129 Executive pardon 129 Unconditional pardon 129 Parole 128 Parole board 128 Premediated 95 Preponderance of the evidence 83,87 Preordain 36 Probate 127 Administrator of the estate 128 Executor of the estate 128 Probate court 128 Probate estate 128 Probate jurisdiction 128 Probate proceeding 127 (www.library.coj.go.th) 148. LEGAL ENGLISH 143 Probation 127 Probationer 127 Probation officer 127 Probative Probative evidence 128 Probative value 128 Promise 53 Promissory 53 Promissory note 54 Prosecution Prosecution by indictment 38,39 Prosecution by information 38,40 Punishment Capital punishment 13,97 Imprisonment for life 97 Punishable by death 12 Q R Rape 99 Against her will 99 Compel to submit by force 100 Compet to submit by threat 100 Control conduct by admistering drug 100 Statutory rape 100 Without her consent 99 Reasonable doubt 83 Right to counsel 50 Right to remain silent 41 Rule of law 34 S Self-defense 117 Apparent danger 119 Immediate danger 119 Imminent danger 119 Sentence 126 Sexual harassment 72 Suit 70 File the suit 70 Suspect 38 T Trespass 106 Trial 41 (www.library.coj.go.th) 149. 144 LEGAL ENGLISH U Unjust enrichment 69 Usage of trade 62 V Voir dire 46 Availability for service 46 Racial attitude 46 Death penalty attitude 47 W Weight of evidence 88 Opportunity for knowledge 87 Information possessed 88 Manner of testifying 88 (www.library.coj.go.th) 150. 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