Clase 28.5.2021 Legal English Linguistic Features. in the Universal Declaration of human Rights. Human Rights. Collocations. False Friends. Adela Perez del Viso

1. DIPLOMATURA
EN INGLES
JURIDICO 2da.
CLASE 2021
Adela Perez del Viso- UCCUYOsl

2. TABLE OF CONTENTS FOR THIS LESSON
⊳ CONTENTS OF THIS UNIT.
⊳ GUIDE TO THE CLASSROOM ACTIVITIES- 10
minutes.
⊳ EFFECTIVE REMEDIES (as part of the U.D.R.H.)-
Theory-15 minutes.
⊳ THE INTERNATIONAL COURT OF JUSTICE
Watching activity- 20 minutes.
⊳ COLLOCATIONS related to CRIMINAL JUSTICE
⊳ 2

3. 1. CONTENTS OF THE UNIT

4. Quotations are
commonly printed as a
means of inspiration and
to invoke philosophical
thoughts from the reader.
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5. 2. EXPLANATIONS AS
REGARDS THE UNIT ON
THE PLATFORM

6. WE GO TO THE
CLASSROOM…
WE SHARE SCREEN NOW,
AND WE ANALISE THE
CLASSROOM.
6

7. 3. EFFECTIVE REMEDIES.
Some Theory- legal English

8. ⊳ Index: Introduction. Remedy as a false friend.
Concept of Remedies. Usage- Collocations with
Remedies. Types of Remedies. Money damages.
Non monetary relief. Analysis of the wording of
paragraph 8. In which case a remedy is effective?.
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9. ARTICLE 8 U.D.H.R.
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“Article 8: Everyone has the
right to an effective remedy by
the competent national tribunals
for acts violating the
fundamental rights granted him
by the constitution or by law. “

10. REMEDIES AS A FALSE FRIEND
A FALSE FRIEND…
our
office
10
Remedy as a false friend:
A “false friend” or a “false cognate”, as you know, is a word or expression
that has a similar form to one in a person's native language, but a different
meaning (for example the English word “actually” (which means
something like “in fact…”) and Spanish “actualmente” (which means
“currently” in English).
In Legal English there are lots of false Friends, probably because of the
origin of Legal English, which is quite influenced by French and Latin.
Therefore: Remedy is a “false friend”. Because it sounds like…
… but, in Legal English, it means something completly
different.

11. our
office
11
Concept of Remedies:
“Remedies” are consequences of acts or omissions against the
law. Remedies are also available in case of breach of contract. In
fact, the term “Remedy” is a typical Contract Law expression.
Apart from Contract Law remedies, there are remedies that a
judge may grant in favor of a plaintiff in a Tort Case. A “plaintiff”
is the claimant, the person who files a lawsuit; a “Tort case” is a
case in which somebody has been hurt and seeks compensation
under the law.
LEGAL REMEDIES

12. our
office
12
Usage- Collocations with “Remedies”:
“Collocation is a way in which some words are often used
together, and sound natural together. This also refers to
restrictions on how words may be used together, such as
which verbs and nouns can be used together, and which
prepositions and verbs can be used together.”
There are certain verbs which collocate with particular
nouns ; adverbs with particular adjectives; or adjectives
with particular nouns
USAGE-COLLOCATIONS
LINGUISTIC DEVICES
FALSE FRIEND (and)
COLLOCATIONS

13. 13
--- Verb collocations:
Seek remedies: “The non-breaching party will often seek
remedies available under the law”.
Allows for remedies: “Sale of goods legislation also allows for
various remedies”. “The franchise agreement allows for various
remedies”.
---To grant the remedy: “In short, the court takes a holistic view
of the circumstances before deciding whether or not to grant
the remedy. ------ Adjective (and modifier) collocations:
Remedy for breach of contract: “The basic remedy for breach of
contract in the Anglosaxon system is pecuniary compensation.”
An adequate remedy: “Sometimes, monetary damages would not
be an adequate remedy”.

14. 14
(Adjective or modifiers):
Equitable remedies: “A major contribution of equity during its
formative period prior to the Judicature Acts 1873/75 was the
development of a variety of equitable remedies such as the
injunction, specific performance, rectification, rescission and
account.”
A common law remedy: “The only common law remedy that may
be claimed as of right is damages”

15. 15
TYPES OF REMEDIES.
A) Money damages.
B) Specific performance
c) Injunction and other non monetary reliefs.

16. 16

17. Analysis of the wording of Art. 8 U.D.H.R.
When art. 8 U.D.H.R. states that “: Everyone has the right to an
effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the
constitution or by law. “ … It implies that:
--Everyone: all the people, persons and also private and public
institutions.
--has a right: it implies that the subject may ENFORCE this
right, and file a complaint exercising this right.
--to a Remedy (we have already seen the concept, supra).
--which is not “idealistic”: it is EFFECTIVE
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18. “The right to an effective remedy is an
obligation of the State to provide a judicial
relief when a violation of a right is
acknowledged.
“This right entails a double dimension: on the
one hand, the procedural right to an effective
access to a fair hearing, and on the other
hand, the substantive right to an adequate
redress.” (European Fundamental Rights and Citizenship Programme Actions.
Handbook on Techniques)
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19. An “effective remedy” comprises at least
six different faculties:
--Right to bring an action
--Right of access to a tribunal
--Right to be heard
--Right of the defense
--Principle of an equality of arms
--Principle of Audi alteram partem
19

20. The principle of audi alteram partem:
“The national court must also respect the
requirements of effective judicial protection of the
rights of individuals. Among those requirements is
the principle of audi alteram partem, as part of the
rights of defence and which is binding on the Court”.
European court of Justice, Banif Plus Bank Zrt v Csaba Csipai and
Viktória Csip.
20

21. The principle of equality of arms: “That principle is,
however, an integral element of the principle of
effective judicial protection of the rights that
individuals derive from EU law…the principle of
equality of arms […] is no more than a corollary of
the very concept of a fair hearing that implies an
obligation to offer each party a reasonable
opportunity of presenting its case in conditions that
do not place it in a clearly less advantageous position
compared with its opponent” (E.U. Court of Justice).
21

22. 4. THE INTERNATIONAL
COURT OF JUSTICE
Watching activity.

23. 23
https://www.youtube.com/watch?v=DME-
wfbt08c
QUESTIONS:
1. Is this the First International Court that was created in the XX
century?
2. Where is it located?
3. THERE ARE CONTENTIOUS CASES and ADVISORY CASES.
Who can bring a contentious case?
4. Who can start an advisory case?

24. 24
ANOTHER ONE RELATED TO THE I.C.J.

25. 5. COLLOCATIONS RELATED
TO CRIMINAL JUSTICE
Remember the idea of
“Collocations”.

26. 26

27. 27

28. 28

29. 29

30. THANKS !!!!!
ADELA AND THE TEAM !!
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