Speaking questions (course ) term Units 1,5,7,10

defendant/ respondent - person who is sued in a civil lawsuit

judge – public official who has the authority to hear and decide cases

expert witness - person who has specialised knowledge of a particular subject who is called to testify in court

claimant- person who initiates a civil lawsuit

reasonably prudent person- hypothetical person who uses good judgment or common sense in handling practical matters; such a person's actions are the guide in determining whether an individual's actions were reasonable

bailiff- officer of the court whose duties include keeping order and assisting the judge and jurors

clerk- employee who takes records, files papers and issues processes

advocate- person who pleads cases in court

appellant- person who appeals a decision to a higher court

7.Say about types of courts in the UK?
1) appellate court (or court of appeals, appeals court)- This is where a case is reviewed which has already been heard in a lower court.
2) crown court - This is where serious criminal cases are heard by a judge and a jury in the UK.
3) high court - This is usually the highest court in a jurisdiction, the court of last resort.
4) juvenile court - This is where a person under the age of 18 would be tried.
5) lower court (or court of first instance) - This is the court of primary jurisdiction, where a case is heard for the first time.
6) magistrates' court - This is where small crimes are tried in the UK.
7) moot court - This is where law students argue hypothetical cases.
8) small-claims court - This is where cases involving a limited amount of money are handled.
9) tribunal - This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes.
8.What is the difference between a will, a contract, and a deed?
A deed is a formal legal document (which is always written) that confirms an agreement between parties whereby an interest, right or property, or a binding obligation is created or confirmed.
A deed is similar to a contract, but there are some key differences as follows:

• 
  deeds have to be written, whereas a contract can be verbal and written contracts require ‘consideration’ (i.e. something is given in return), deeds do not
  
• 
  a deed involves more formalities to be completed when being drawn up compared to a simple contract. This includes requiring witnesses to observe its formation.
  

A valid will must comply with the law where the will is executed or where the testator domiciles at the time of signing the will or death. In the majority of states, a validly executed will should be in writing, signed by the testator, and notarized. The process of making a will should be witnessed by two individuals.
9.What exactly is involved in executing a legal document?
When a person "executes" a document, he or she signs it with the proper "formalities". For example: If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses.
Execution will simply require your individual signature. The agreement should also state your name below the signature line as well. It is best practice to sign the agreement in the presence of a third-party witness.
And also in a notary legal documents are executed and the most common way of executing legal documents in our country.
10.Speak about small firms and large firms. What can you say about advantages of these firms?
At smaller firms, you can expect to be more independent and responsible for more things and you have to do whatever work needed to be done.
Working at the bigger firms is quite different. The work you have to perform there concerned bigger cases that are quite important and so they had more 'prestige'. At the larger firms you have a chance to move between groups in different practice areas, helping out where needed. This allowes to gain some insight into what was involved in the legal work carried out in these teams and in the different practice areas.
At the smaller firms, you write case briefs for the partners and associates, and all kinds of correspondence with clients from the first day on. At the bigger firms, you do a research.
In my opinion, the main advantage of working at a large firm is that you meet a lot of new people. There's a big network of people so many different lawyers and clients. There's also a greater emphasis on learning and developing the various skills a lawyer needs in courses and seminars.
I must say that both the larger and the smaller firms trie to give you a sense of being a part of the company.
11.What are the essential terms of a contract?
No contract is valid unless it contains three essential elements: (1) the names of the "parties," (2) the "subject matter," and (3) "consideration."
As opposed to civil law, where contracts are generally formed simply through offer and acceptance, in the common law a promise becomes an enforceable contract when there is not only an offer by one party (offeror) that is accepted by the other party (offeree) but also an exchange of legally sufficient consideration (a gift or donation does not generally count as consideration); hence the equation learned by law students: offer + acceptance + consideration = contract.
12. What are the elements of an enforceable contract?
As opposed to civil law, where contracts are generally formed simply through offer and acceptance, in the common law a promise becomes an enforceable contract when there is not only an offer by one party (offeror) that is accepted by the other party (offeree) but also an exchange of legally sufficient consideration (a gift or donation does not generally count as consideration); hence the equation learned by law students: offer + acceptance + consideration = contract.
For a promise to become an enforceable contract, the parties must also agree on the essential terms of the contract, such as price and subject matter.
Nevertheless, courts will enforce a vague or indefinite contract under certain circumstances, such as when the conduct of the parties, as opposed to the written instrument, manifests sufficient certainty as to the terms of the agreement.

13.Speak about the types of contract clauses. What are they?

A contract clause in a section in a legally enforceable contract that contains terms and conditions and important provisions of the legal agreement. In general, contracts are made up of many different contract clauses, all of which serve a different purpose. Together, these contract clauses form a legally binding contract for the parties to sign. Types of contract clauses: