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Cours L1 droit, anglais

Par   •  18 Novembre 2017  •  7 815 Mots (32 Pages)  •  574 Vues

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In a notary office, we can find :

- a notary clerks

- legal secretaries

- trainee notaries (doing an internship)

- apprentices

- accountants (comptable)

- law professors

Include various members : teaching assistants, senior lecturers (also called assistant professor, associate professor or adjunct professors = depending of the country), full professors.

- Other law-related professions

Lew clerks (clair de notaire) : they keep records, they undertake routine administrative tasks such as research, documentation, carry out legal writing. They may work at government, agencies (in charge of public service), estate agents, in private companies, at tribunals (greffier).

In the US clerks are also called legal assistants or paralegals.

Some false friends in English :

- Avocat/advocate :

In some jurisdiction, advocate means lawyer.

In Canada there is a distinction between common law advocates (sometimes the word lawyer is used) and civil law advocates. Both use the term barristers and solicitor.

In India the world advocate is used, the world lawyer is felt to be colloquial (familier).

Countries in which the term advocate is used with the meaning barrister : Scotland, South Africa, Scandinavia, Pakistan, Channel Islands and the Isle of Man.

- Magistrat/Magistrate

In French a “magistrat” is either a judge or a prosecutor. Magistrat is under civil law systems (like in Italy and Belgium).

In English the magistrate means Justice of the Peace, or judge employed by the ministry of justice; they deal with minor offences. They can only sentence for 6 months in prison for one offence and 12 months consecutively. And the maximum fine they can give is £5,000.

In the US, the word magistrate refers to any independent judge or judicial officer. They generally deal with minor offences.

In India, magistrates may judge criminal offences.

In china, the word is used in reference to a head of a county, of a region, it’s an administrative title.

In Australia, magistrates deal with cases previously heard by federal court in matters involving administrative law, bankruptcy, consumer protection, trade practices, human rights, copyrights, family law (divorce, custody = la garde des enfants, contact of the children, property division upon divorce).

To translate in English the word “magistrat” all depend of the context.

- Juriste/Jurist

In France and in the US, “juriste” means anyone with a degree in law. Holding a degree in law, in France, enables to counsel clients. In the US, the term jurist is likely to be understood as judge.

In the UK, jurist means expert in law.

Chapter 3 : the UK constitution

Based on several sources include :

- Acts of Parliament

- Treaties

- EU law

- Common law

- Conventions

- Works of authority

In 2004, there was a Joint Committee decided that “the fundamental parts of constitutional law could be taken to include the following statutes”:

- Magna Carta 1215 : the oldest source of the UK Constitution. It’s in Latin and its means great charter. The 1297 version is the one that has remained in statute books of England and Wales.

- The life Peerage Act 1958 : establish the fact that certain member of the House of Lords are members for life.

- 1998 and 1999 Acts regarding devolution in Scotland, Wales and Northern Ireland.

- The European Communities Act 1972 : decided that the European Community was part of the constitution.

- Ministerial and Other Salaries Acts 1975

Sources of the UK constitution :

- Magna Carta

Foresters were very important in English law at the time of Magna Carta until the 17th century. Protecting venison which belonged to the king by royal prerogative.

The world forest also designated heath, grassland, and wetland. It was the king who chose his hunting grounds. Forest law = a whole branch of law in itself.

It prescribed harsh punishments towards those who committed offenses within the forest. It also applied to villages which happened to be located within these areas.

Forest law fueled resentment as it was felt that land was confiscated by the king for the benefit of the aristocracy.

Forests were extremely unpopular -> gave rise to Robin Hood legend who was a hero and an outlaw defying the existing order, which was perceived as tyrannical (tyranny being the abuse of power).

The full title of Magna Carta is “The Great Charter of the Liberties of England and of the Liberties of the Forest”.

The city of London has had uncommon responsibilities such as policing. It is a local authority which exercises its control over about one Square mile. It is run by the City of London Corporation, which has been in existence since the middle ages, although there no evidence left of the establishing of the corporation as a legal body.

Around 1067, William the Conqueror gave citizens of London a charter confirming their rights. Administrations and justice were conducted at the Court of Husting. The Court of Aldermen for non-judicial matters. The city of London still exists and counts 9,000. Lord Mayor of London, the sheriff and other officers are chosen by a special electorate called the Common Hall.

There is no such document entitled “the


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