Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Saturday, 27 December 2014

Legal English with Harvey and Mike from Suits: Errors and Omissions (Season 1 Episode 2)

Legal English with Harvey and Mike from Suits: Errors and Omissions (Season 1 Episode 2)

HARVEY: Where do you think you’re going?
MIKE: Into the room, with the people.
HARVEY: Wrong. That’s the adult table in there and you haven't earned the privilege yet.
MIKE: But I played air hockey...
HARVEY: You need to go back to the office and file a patent for the phone.
MIKE: A patent? I don’t know how to file a patent.
HARVEY: Figure it out.
MIKE: Can’t we do that after…?
HARVEY: No and you keep talking, I'm gonna start billing you. And my time runs $1,000 an hour.

to FILE A PATENT APPLICATION/CLAIM – złożyć wniosek o udzielenie patentu (to submit paperwork in order to become an exclusive owner of some intellectual property rights)
to BILL – wystawiać rachunek (to give or send someone a bill asking for money that they owe for a product or service)

MIKE: Hey, you busy? Okay, have you ever filed a patent before? I just got back from this meeting with Harvey and he wants me to file this patent, but I have no idea what that paperwork looks like. So any help in this arena would be re...
RACHEL: [Shuts the door in his face.]
MIKE: Did Harvey call you and tell you to do that?
RACHEL: [Approaches Mike at his desk.]
MIKE: Now. It's okay, you don't have to apologize. I took care of it. Patent claim. I negotiated a deal to get it done.
RACHEL: What are you talking about?
MIKE: Gregory. He agreed to file it for me. And all I have to do is proof his Bainbridge briefs.
RACHEL: That explains why he said to give you this.  
[Rachel waves a print room pass.]
RACHEL: And why he called you a sucker.
MIKE: He called me a what now?
[In the print room.]
 RACHEL: Mike Ross, allow me to introduce the Bainbridge briefs.
MIKE: Which stack?
RACHEL: All of them.      
MIKE: Wait a minute, are these all …
RACHEL: still printing? Yeah. I'd give it about a half hour. 
MIKE: That's six printers, 23 pages a minute, 30 minutes. That's 4,140 pages. 
RACHEL: Plus all this. Which means the next time you negotiate a deal,
I would suggest to get your facts straight. 
MIKE: I am a sucker… When did that happen?

to PROOFREAD/ PROOF – dokonywać korekty tekstu (to find and correct mistakes in a text)
BRIEFS – akta sprawy, dokumenty związane ze sprawą streszczenie sprawy, (a set of documents containing the details about a court case)

LEWIS: I looked through your work on the Bainbridge briefs. Spectacular.
You caught the discrepancies between listed assets and potential assets. That had a huge impact, Mike.
MIKE: Yeah. I know. Millions. But anyone would have caught that, right?
LEWIS: Um, out of the 50 associates that are under my purview, not one of them would have caught that. You just have this eye for detail, Mike. I mean, no wonder why Harvey is so crazy about you. It's amazing. I mean, I really, really, seriously appreciate that.
MIKE: Hey, thank you, Louis. That's nice.
LEWIS: You know that I pick a pony out of the herd every year, don't you?
MIKE: A pony?
LEWIS: Oh, yeah. Someone who shows potential. Stamp my own little brand on him.
MIKE: Mmm.
LEWIS: Are you that pony, Mike?
MIKE:  I work for Harvey.
LEWIS: As you should.
MIKE:  Good.
LEWIS:  Well, listen, I have some work to get to. So, maybe we can, uh, meet for lunch tomorrow at the club, say 1:00 p.m.?
MIKE: Uh, you know, tomorrow I know I just posed that as a question, but I really didn’t mean it that way

LISTED ASSETS – aktywa ujęte w bilansie (anything owned by a company that is accounted for by their balance sheet)
POTENTIAL ASSETS or CONTINGENT ASSETS – aktywa warunkowe (something that might be owned by a company in the future)
an ASSOCIATE – pracownik kancelarii, młodszy prawnik (a lower-level lawyer working for a law firm)
PURVIEW – piecza (the limit of someone's responsibility, interest, or activity)

MIKE: Isn't that, uh.
LEWIS: That's Tom Keller.
MIKE: Yeah. The Premiere Fantasy Sports guy, right? That's him. Yeah, I play that every year.
LEWIS: Yeah, you and five million other fantasy footballers.
I mean, the guy generates 200 million per annum, right? And he still uses his fraternity brother as a general counsel. I mean, someone with that many assets just makes me sick.
MIKE: Ok. So is it my serve?
LEWIS: Let’s hit the showers.

PER ANNUM – rocznie (for each year)
A GENERAL COUNSEL – główny prawnik przedsiębiorstwa, dyrektor generalny ds prawnych (the most important lawyer in a legal department of a company, government authority or other organization)
ASSETS – aktywa (an item of property owned by a person or company, regarded as having value and available to meet debts, commitments, etc.)

MIKE: What's up?
HARVEY: We just heard from Wyatt. He got a response from the patent office.
MIKE: And? 
HARVEY: It's been denied.
 MIKE: What?       
HARVEY: Apparently, there was a similar claim.
MIKE: Wait, what do you mean? Somebody beat us to it?
HARVEY: No, someone beat you to it. They filed less than 24 hours ago. Which means you filed a day later than you said you would.
MIKE: I tried to tell you that I didn't know how to do that.
HARVEY: And I told you to figure it out.
MIKE: And I did, and it got filed.
HARVEY: After you lied and said you'd already followed through.
MIKE Okay, what's gonna happen now?
HARVEY: I suggest you get on the phone, call the patent office, and find out who beat us to it. Then you're gonna have Donna find any judge who will listen, so we can get an injunction, and stop whoever it is from launching their product first.

THE PATENT OFFICE – Urząd patentowy (governmental agency that administers and regulates patents and trademarks)
to DENY AN APPLICATION – odrzucić wniosek (to refuse to accept an application)
an INJUNCTION – nakaz/zakaz sądowy (an official order given by a court of law, usually to stop someone from doing something)
to LAUNCH A PRODUCT – wypuścić produkt na rynek (to introduce a product to the market)

[Harvey is finishing up his phone call while entering the courtroom.]
JUDGE: Did you not see the sign outside?
HARVEY: I'm just putting it away, your honor.       
JUDGE: It should already be in your pocket. But you were already running late, so perhaps that's why it wasn't. Let the records show that the counsel is fined $1,000 for failing to follow the posted rules of the court.
HARVEY: Your honor, I didn't mean …
JUDGE: And for mouthing off.   
HARVEY: Mouthing off?   
JUDGE: Another outburst like that, and you will be escorted out. Mr. Salinger? 
SALINGER: Your honor, this is a waste of your time. The U.S. Patent Office is the only judicial body that should be handling this dispute. Velocity Data Solutions requests dismissal.   
HARVEY: Your honor. If I may? This injunction request
JUDGE: Counsel approach.
HARVEY: [Harvey approaches the bench.)     
JUDGE: That's the exhibit filing? Why wasn't I given a courtesy copy?        
HARVEY: Given the expedited nature of this hearing, I…
JUDGE: Hand it to me. And I would've assumed that a lawyer appearing before a judge would come on time, with his mouth shut, and prepared with a courtesy brief
HARVEY: My apologies.
JUDGE: Request denied. Court adjourned for morning.

YOUR HONOR/ YOUR HONOUR – Wysoki Sądzie (the way to address a judge)
LET THE RECORDS SHOW THAT – proszę wpisać do protokołu (asking the court reporter to write something down)
COUNSEL – adwokat/adwokaci (one or more of the lawyers taking part in a law case)
to FINE – ukarać grzywną (to make someone pay for something wrong they have done)
the POSTED RULES OF THE COURT – regulamin postępowania przed sądem (the published and official rules of the proceedings in a given court)
to ESCORT OUT (of the courtroom) – wyprowadzić kogoś z (sali sądowej) (make someone leave the courtroom,  possibly using physical force)
THE UNITED STATES PATENT AND TRADEMARK OFFICE – Urząd Patentów i Znaków Towarowych Stanów Zjednoczonych (an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification)
A JUDICIAL BODY – ciało sądownicze (a group of judges)
a DISPUTE – spór (an argument, a disagreement)
a REQUEST – wniosek (a motion)
A DISMISSAL – oddalenie (the rejection of a legal proceeding, or a claim or charge made therein /in it/)
an INJUNCTION REQUEST – wniosek o wydanie nakazu sądowego (paperwork usually asking the court to make the other party stop doing something)
to APPROACH THE BENCH – podejść do ławy sędziowskiej (an attorney's movement from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury) COUNSEL APPROACH
AN EXHIBIT – dowód rzeczowy (a thing used as  evidence   (= proof that something is true)  in a trial)
to FILE – złożyć w sądzie (to submit (give) to the court)
A COURTESY COPY/ BRIEF – kopia (a copy of a document)
GIVEN THE EXPEDITED NATURE OF THIS HEARING –  biorąc pod uwagę, jak szybko odbywa się to posiedzenie/ ta rozprawa (because this hearing is taking place at such short notice (soon/fast))
to APPEAR IN COURT/ BEFORE A JUDGE – reprezentować kogoś/ stawiać się w sądzie (for a party or an attorney to show up in court)
REQUEST DENIED – sąd oddala wniosek (the court refuses to order what the party asked for)
COURT (IS) ADJOURNED – sąd zamyka/odracza posiedzenie (the case in court is finished/ postponed until a later date.)

HARVEY: Your Honor?
JUDGE: Send him in. Counsellor? You asked to see me. You must have something to say.
HARVEY: Excluding friends, associates, and the clients that I represent, there are very few people that I'm on a first-name basis with. And I've never had anyone, let alone a judge I've never met, address me as Harvey in open court. But if you're going to screw me, I guess it's only fair that you call me by name.
JUDGE: I could have you brought up on review for talking to me like that.
HARVEY: Then we can get it all on record.
JUDGE: Get what?
HARVEY: Whatever it is that you seem to have against me for no apparent reason.
I have a solid argument for any reasonable judge to grant my injunction.
So solid, it begs the question, why do you have it in for me? And I don't even know your first name.
JUDGE: Really? My wife never mentioned it?
HARVEY: Your wife?
JUDGE: The woman you had an affair with last month.

A COUNSELLOR (AT LAW) – adwokat (a lawyer, a title often used interchangeably with the title of lawyer.)
AN ASSOCIATE– pracownik kancelarii, młodszy prawnik (a lower-level lawyer working for a law firm)
IN OPEN COURT – na posiedzeniu jawnym (with journalists and members of the public allowed to attend the proceedings)
BRING SOMEBODY UP ON REVIEW – zgłosić nadużycia w pracy adwokata (to report a lawyer to a disciplinary board for his or her misconduct)
ON RECORD – formalnie stwierdzone (confirmed in writing)
TO GRANT AN INJUNCTION – uwzględnić wniosek o wydanie nakazu sądowego (to agree to the request to have someone stop from doing something)

SECRETARY: Sorry, sir, but…
HARVEY: No introductions necessary. We're on a first-name basis. I brought you a present. Yours to keep. After you sign my injunction.
JUDGE: A pen?
HARVEY: It's custom. French. Le Bic.
JUDGE My earlier ruling wasn't clear enough for you?
HARVEY: Crystal. But I didn't want you to suffer for it. You see, if you don't sign my injunction, there's going to be a lawsuit. And when the next judge sees all the facts, he's going to overturn your ruling.
JUDGE: You may be right. But by then, your clients will have dumped you.
HARVEY: You may be right, but that sterling reputation that you value so highly? Down the tubes.
JUDGE: Which would matter, except for one thing. I've decided to leave the bench. Try my hand at litigation.
HARVEY: And I'm your last case.
JUDGE: Divorce will do that. Make you want to change your life.
HARVEY: You filed for divorce?
JUDGE:  Soon enough. Perhaps we could discuss a little quid pro quo before I do.
HARVEY: I'm listening.
JUDGE: You sign a document that says you slept with my wife. I'll give you your injunction.
HARVEY: And why would you want me to do that?
JUDGE: To prevent her from taking me for half of everything I own.
HARVEY: So, what you're saying is, you'd like to blackmail me.
JUDGE: I'm saying we could both benefit. And since you're the one who screwed me, I’d say you owe me one.

AN INJUNCTION– nakaz/zakaz sądowy (an official order given by a court of law, usually to stop someone from doing somethin
A LAWSUIT – proces sądowy (a legal procedure started in a court of law and which is not a criminal procedure)
TO OVERTURN A RULING – uchylić rozstrzygnięcie (to (to declare the judgment wrong and invalid)
TO LEAVE THE BENCH – przestać wykonywać zawód sędziego (to stop working as a judge)
LITIGATION – tu praca w charakterze adwokata (here: working as a lawyer)
TO FILE FOR DIVORCE – złożyć pozew o rozwód (to submit paperwork in order to formally end your marriage)
TO TAKE SOMEBODY FOR – pozwać (to sue for)
TO BLACKMAIL – szantażować (to force someone to do something with a threat)

JUDGE: I thought you weren’t coming.
HARVEY: I had to settle a case first,
JUDGE: You have the paperwork we talked about? What is this?
HARVEY: It's a copy of the judicial conduct codes. A friend of mine works at the Attorney General's office. He gave it to me. We had a nice chat about you. I told him if you were willing to blackmail someone once, chances are, you've done it before. He's very anxious to meet you.
JUDGE: You think you can get away with screwing my wife and then have me investigated?
HARVEY:  You actually have it the wrong way around. The only thing I've done so far is have you investigated.
JUDGE: What?
HARVEY: I never actually slept with Lauren. But I knew you'd never believe me, so I kept my mouth shut. But now that she's getting a divorce, my policy no longer applies. And, of course, she's free to date whoever she pleases. And she pleases me. Enjoy your evening, Donald.

JUDICIAL – sędziowski, sądowy (relating to a judge or a court, here relating to judges)
A CONDUCT CODE/ CODE OF CONDUCT – zbiór zasad etyki zawodowej (rules of ethics for a particular profession)
THE ATTORNEY GENERAL – prokurator generalny, minister sprawiedliwości (the chief legal officer of a state or country; the main legal advisor to the government; the equivalent of the minister of justice)
TO BLACKMAIL– szantażować (to force someone to do something with a threat)
TO INVESTIGATE – prowadzić śledztwo/ dochodzenie (to to try to find out the facts about something or the cause of something)
A POLICY – zasada (a rule)

HARVEY: You're going back to the office to file an interference claim with the patent office.        
MIKE: Okay. Wait, what's that? 
HARVEY: It's how they determine who wins these situations. It's not always who filed first, so we have a chance.
MIKE: So why didn't we do that in the first place?  
HARVEY: Because it takes longer and I wanted to head velocity off at the pass.

INTERFERENCE – sytuacja, w której dwa wnioski patentowe dotyczące tego samego odkrycia/produktu czekają na rozpatrzenie lub gdy składa się taki wniosek mimo istnienia już takiego patentu (presence of two pending applications, or an existing patent and a pending application that encompass an identical invention or discovery.

HARVEY: I'm ready to hear your settlement offer, George.  
SALINGER: Cutting to the chase, I like that.
 HARVEY: What's the number?  
SALINGER: Ten million.   
HARVEY: That's half what we spent developing the prototype.
SALINGER: And ten million more than you'll get, the way the wind's blowing.
HARVEY: Yeah, well, winds can change. And you and I both know the injunction will get overturned on appeal.
SALINGER: I don't know anything of the kind.
HARVEY: Then why are you calling with an offer at all?      
SALINGER: 15, that's as high as I'll go.
HARVEY: Okay, I'm hanging up now.    
SALINGER: 20 million, that's it. The offer's good for 24 hours. And I'm sure I don't have to remind you that you're legally required to present this to your client.

A SETTLEMENT – ugoda, porozumienie (an arrangement to end a disagreement, without taking it to a court of law)
an INJUNCTION – nakaz/zakaz sądowy (an official order given by a court of law, usually to stop someone from doing something)
to OVERTURN (an injuction) – uchylić (to declare the judgment wrong and invalid)
ON APPEAL – przy apelacji do sądu wyższej instancji (when a higher court is reviewing the case)
GOOD FOR … HOURS – ważny (valid, working)

HARVEY: When you're finished down here, I'd like you to come upstairs and start putting together a settlement memorandum.  
MIKE: They went for it?
HARVEY: Thanks to your idea.  
MIKE: Well, I mean, it wasn't really my idea.
Harvey: They're settling for 400 million.   
MIKE: Okay, yeah, that was my idea.

A MEMORANDUM – protokół (an informal record, in the form of a brief written note or outline)
TO SETTLE – zawrzeć ugodę, dojść do porozumienia (resolve a lawsuit without a final court judgment by negotiation between the parties)

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