Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.

LAW IS THE ART OF THE GOOD AND THE EQUITABLE.



Sunday 13 August 2017

legal word of the day: CIRCUMSTANTIAL EVIDENCE




legal word of the day: CIRCUMSTANTIAL EVIDENCE

ENG:

Ø  indirect evidence
Ø  evidence  that does not come directly from an eyewitness or an original document
Ø  evidence that relies on an inference that a series of facts point to another fact

POL: dowód poszlakowy

Examples of circumstantial evidence:
Ø  the accused’s resistance to arrest
Ø  the presence of a motive or opportunity to commit the crime
Ø  the accused’s presence at the time and place of the crime
Ø  any denials, evasions or contradictions on the part of the accused
Ø  forensic evidence (it requires a jury to make a connection between the circumstance (the fingerprints) and the fact (someone being guilty or not guilty of a crime).

AN EYEWITNESS (TO) – świadek naoczny (someone who has seen something happen and who reports on it, especially a crime)
AN INFERENCE – wnioskowanie, domniemanie (a conclusion or opinion that is made based on the information that one has)
THE ACCUSED – oskarżony (a person who is charged, usually in a criminal proceeding, with having committed a wrongful act)
RESISTANCE – opór (fighting against something)
A DENIAL – zaprzeczenie (a statement that something is not true)
AN EVASION – unikanie odpowiedzi na pytania (avoiding answering questions)
A CONTRADICTION – sprzeczność (when facts presented are in conflict, inconsistent, etc.)
FORENSIC EVIDENCE– dowód na podstawie zeznania biegłego medycyny sądowej (evidence obtained by the use of science, for example DNA evidence)



(1) Books, movies, and television often perpetuate the belief that circumstantial evidence may not be used to convict a criminal of a crime. But this view is incorrect. In many cases, circumstantial evidence is the only evidence linking an accused to a crime; direct evidence may simply not exist. As a result, the jury may have only circumstantial evidence to consider in determining whether to convict or acquit a person charged with a crime. In fact, the U.S. Supreme Court has stated that "circumstantial evidence is intrinsically no different from testimonial [direct] evidence. Thus, the distinction between direct and circumstantial evidence has little practical effect in the presentation or admissibility of evidence in trials.

TO CONVICT – skazać (to find someone guilty)
TO ACQUIT – uniewinnić (to find someone not guilty)
TO CHARGE WITH – stawiać zarzut/ oskarżać (to formally accuse of a crime)
INTRINSICALLY – sam w sobie (essentially, in itself)
TESTIMONIAL EVIDENCE – dowód z zeznań (statements that are made in court by witnesses)
ADMISSIBILITY OF EVIDENCE – dopuszczalność dowodów (the quality of being allowed to be used/ accepted as evidence during a legal proceeding)

(2) “For those of you who watch a lot of television, don’t expect fireworks. A real trial is very different, and not nearly as exciting. There are no surprise witnesses, no dramatic confessions, no fistfights between the lawyers. And, in this trial, there are no eyewitnesses to the murder. This means that all of the evidence from the State will be circumstantial. You’ll hear this word a lot, especially from Mr. Clifford Nance, the defense lawyer. He’ll make a big deal out of the fact that the State has no direct proof, that everything is circumstantial.”

“I’m not sure what it means,” someone said. “It means that the evidence is indirect, not direct.
For example, did you ride your bike to school?”
“Yes.”
“And did you chain it to the rack by the flagpole?”
“Yes.”

“So, when you leave school this afternoon, and you go to the rack, and your bike is gone and the chain has been cut, then you have indirect evidence that someone stole your bike. No one saw the thief, so there’s no direct evidence. And let’s say that tomorrow the police find your bike in a pawnshop on Raleigh Street, a place known to deal in stolen bikes, the owner gives the police a name, they investigate and find some dude with a history of stealing bikes. You can then make a strong case, through indirect evidence, that this guy is your thief. No direct evidence, but circumstantial.”

A CONFESSION – przyznanie się do winy (admitting that you have done something wrong or illegal)
AN EYEWITNESS TO – świadek naoczny (someone who has seen something happen and who reports on it, especially a crime)
A DEFENSE LAWYER – obrońca (the legal representative for the accused)
A PAWNSHOP – lombard (a business that offers secured loans to people, with items of personal property used as collateral)
A SECURED LOAN – tu: pożyczka pod zastaw (a loan that is guaranteed by the borrower giving valuable property as security)                                 
COLLATERAL – zabezpieczenie (something valuable that you promise to give someone if you cannot pay back money that you owe them)
TO MAKE A STRONG CASE – przedstawić mocne argumenty (to provide strong, convincing arguments)



Saturday 12 August 2017

US VERSUS UK: AM LAW 100 vs MAGIC CIRCLE

US versus UK: AM LAW 100 (US) vs MAGIC CIRCLE (UK)


AM LAW 100

the list of top 100 American law firms as ranked by gross revenue, profits per partner, and revenue per lawyer. The list is compiled by the American Lawyer, a monthly law magazine.


MAGIC CIRCLE

the name legal journalists use to refer to the top five elite law firms headquartered in the UK and known for corporate and finance work
1.    Allen and Overy
2.    Clifford Chance
3.    Freshfields Bruckhaus Deringer
4.    Linklaters
5.    Slaughter and May

(1) The Am Law 100 posted solid gains in gross revenue and profits in 2016, but the revenue per lawyer figure dropped on stronger growth in head count.

(2) Excellent academic credentials, experience at an AmLaw 100 law firm, and California bar membership are required.

(3) According to the article “How to Land a Job in Big Law” by Kaitlin Edleman on TheVault.com website, there are two ways to get AmLaw 100 law firm job after graduation:    #1—Aim for a law school that is ranked at least within the Top 14 (commonly referred to as “T14”) by the annual U.S. News and World Report rankings. #2—If you do NOT attend a T14 school, you must be an all-star performer and graduate at least in the top 5% of your class.

(4) Student A: You are a banker with a lot of clout and you want to hire a magic circle lawyer.
Student B: You are a magic circle lawyer. Negotiate your hourly fee.

(5) No one wants to date a magic circle lawyer because they don't ever wash.

(6) How do I get to work for a Magic Circle law firm?
ü  Have 3 straight A grades at A level.
ü  Go to Oxford, Cambridge, London or Bristol University.
ü  Speak very clearly without any trace of regional accent.
ü  Captain your local hockey team at weekends.
ü  Enjoy fine wines, theatre, skiing, golf and squash.

REVENUE – przychód (the total amount of cash generated by the sale of products or services)
GROSS REVENUE – przychód brutto (total revenue received before any deductions or allowances, as for rent, cost of goods sold, taxes)
REVENUE (przychód) VS PROFIT (zysk): REVENUE – the total of all money that a company receives from people paying for its products or services; PROFIT – the amount left after deducting all costs, expenses, and taxes from the revenue
PROFITS PER PARTNER (PPP) – zysk przypadający na jednego wspólnika (total firm profits divided by the number of equity partners)
REVENUE PER LAWYER – przychód przypadający na jednego adwokata (gross revenue divided by the number of lawyers)
HEAD COUNT – liczba pracowników (the total number of people employed)
CREDENTIALS – osiągnięcia, również: kwalifikacje, referencje (previous achievements, training, and general background, which indicate that someone is qualified to do something)
BAR MEMBERSHIP – przynależność do izby adwokackiej danego stanu (being a member of the bar (also called ‘the bar association’) of a given state that may be mandatory or optional)
CLOUT – wpływy, znaczenie (influence or power)
THE HOURLY FEE – stawka godzinowa (how much someone is paid for an hour’s work)
A LEVEL = ADVANCED LEVEL – egzamin maturalny (a qualification (exam) in a specific subject taken by UK school students aged 16–18 after they have taken their  obligatory GCSEs; A levels are not obligatory but required for applying to university; students usually take three A levels)



Thursday 10 August 2017

legal docs: REASONABLE EXPENSES



Legal docs: REASONABLE EXPENSES

REASONABLE EXPENSES – uzasadnione koszty (money you spend on work-related things in an acceptable/fair/practical way)

MEET AND CONFER – spotkanie stron przeciwnych w celu próby ugody lub ustalenia kwestii spornych (a requirement of courts that before certain types of motions and/or petitions are heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict)

MERITLESS/WITHOUT MERIT – bezpodstawne (not based on a solid foundation/ argument)

AN OBJECTION – sprzeciw (a formal statement against something that has either happened or is about to happen during a court trial and asking for a judge to rule on the point immediately)

AN ABUSE – przypadek nadużycia (the use of something in a way that it should not be used, especially in a bad, dishonest, or harmful way)

THE DISCOVERY – przedłożenie materiału dowodowego stronie przeciwnej (the stage during preparations for trial when each party makes relevant documents available to the other party and can also request documents and other evidence or information from the other party)

INCUR NECESSARY EXPENSES – ponieść niezbędne koszty (to have to pay for something that was needed)

MOVING PAPERS – dokumenty związane ze składaniem wniosków (paperwork needed to submit motions = legal requests)

FOR ARCHIVAL PURPOSES – dla celów archiwalnych (so that you can store something in case it is needed later)

TO PROOF-READ/ to / PROOF – dokonywać korekty tekstu (to find and correct mistakes in a text)

E-FILING – elektroniczne wnoszenie pism procesowych (submitting legal paperwork to court via the internet = online) 

Wednesday 9 August 2017

Legal English with Elle from Legally Blonde: MALUM IN SE VS MALUM PROHIBITUM





Legal English with Elle from Legally Blonde: MALUM IN SE VS MALUM PROHIBITUM


PROFESSOR: Ms. Woods, would you rather have a client who committed a crime: malum in se or malum prohibitum?
ELLE: Neither.
PROFESSOR: And why is that?
ELLE: I would rather have a client who’s innocent.
PROFESSOR: Dare to dream, Ms. Woods. Ms. Kensington, which would you prefer?
VIVIAN: Malum prohibitum. Because then the client would have committed a regulatory infraction as opposed to a dangerous crime.
PROFESSOR: Well done, Ms. Kensington.  You’ve obviously done your homework.
Now let us look at malum prohibitum a little more closely. It has been said … Yes, Ms. Woods?
ELLE:   I changed my mind. I’d pick the dangerous one… ’cause I’m not afraid of a challenge.


MALUM IN SE (offense) /mal-uhm in say/

an act that is naturally evil such as murder, rape, theft because it violates the natural, moral or public principles of a civilized society.

przestępstwo, które w samo sobie jest złym czynem takim jak zabójstwo, gwałt czy kradzież ze względu na to, że stanowi pogwałcenie zasad obowiązujących w cywilizowanym społeczeństwie.



MALUM PROHIBITUM (offense) /mal-uhm prohibit-uhm/

an act that is wrong because it is prohibited by law. Such act may not appear on the face to violate moral standards. Malum prohibitum offenses do not result in direct or immediate injury to person or property (e.g. prostitution, operating a business without a license, illegal drug use)

czynność, która jest przestępstwem ze względu na to, iż zabrania jej prawo. Czynność taka nie musi być jednoznacznym pogwałceniem moralnych zasad obowiązujących w społeczeństwie, nie musi też być ze szkodą dla osób lub mienia ( np. prostytucja, brak wymaganej licencji na prowadzenie działalności, bezprawne zażywanie narkotyków)


a REGULATORY INFRACTION – pogwałcenie/naruszenie zasad ( breaking a law/a rule)