UTS Legal English Semester 1

 

SOAL

1. Name the difference between Solicitor, Barrister, Attorney and Lawyer!
2. What's the difference between Civil Law and Criminal Law with example?
3. What do you know about the Small Claim Court?
4. Name the parties in the civil court in UK and USA!
5. What do you know about the Law of Tort and No win No Fee?
6. What difference between rule and law?
7. Name the difference between two years plus one day and one year in  two legal system (Canada and USA)!
8. Name six steps being arrested with a brief explanation!
9. Name four important roles in the Criminal Court and their duties!

JAWABAN NO 1

        Solicitor and Barrister are legal profession who exist in the United Kingdom (UK). This professions refer to a lawyer in other country. In the USA, this profession called Attorney. In most of English speaking country, this job still called Lawyer.

       In UK, Solicitor tend to use listening and writing skills. Otherwise, Barrister tend to use speaking skill when he or she is acting for someone in a court. To become qualified solicitors, law student who have done their university studies must do one year legal practice course and then two years training contract with a law firm.

JAWABAN NO 2

        Civil law is a law concerning the rights and duties of private individuals and companies other than criminal matters. For example, law of tort, family law, land law, intellectual property law, and others.

         Criminal law is a law that punishes acts against a person or against property that people consider to be harmful to the whole community. The state prosecutes criminals. The state has a broad role in this law. For example, murder, arson, pickpocketing, kidnapping, and others.

JAWABAN NO 3

        Small Claim Court is a special procedure that exists at the County Court in UK and Wales for small claims. This small claims is a claim for less than £5.000.

JAWABAN NO 4

      The parties in the civil court in UK and USA are plaintiff or claimant and defendant. In UK, the person who starts a claim in civil court is called claimant. This person was called plaintiff until 1999 when there were new court rules in England. But in USA, this person is still called plaintiff.

        And the another party is defendant. The defendant means to the accused party in civil court of a civil wrong (a tort or a breach of contract for instance).

        In the law of tort, claimant is the injured person and the defendant is the carelessness person.

JAWABAN NO 5

        Law of Tort is a part of civil law in UK and USA. This law says that everyone has a civil duty to be careful and not to hurt or harm another person. Tort means to harmful action or civil wrong.

        No Win No Fee is an agreement between a lawyer who specializes in the tort of negligence and his or her client that allowed in the UK and USA. This agreement says that if the client does not win the case, then he or she will not have to pay for the lawyer’s services.

JAWABAN NO 6

        The difference of rule and law are like this. The rule is more flexible and more personal than the law. The rules are made by people or organization and it has light punishment. The most important thing is the rule does not involve the police.

      The law is more than the rule. Law is not flexible. It is made by the government and courts. The police can make you obey it or you have to take the punishment. Law has two types of punishment, being prisoned or being fined.

JAWABAN NO 7

      In Canada, ‘two years plus one day’ means to you have done a serious crime and you must go to federal prison. And ‘two years less one day’, it mean you have done a misdemeanour and you’re going to prison for less than two years in provincial jail or local jail.

        In USA, ‘one year’ or ‘365 days’ are enough for a serious crime (in USA, it is called ‘felonies’) and you must go to federal prison. In many states in USA like California, they have what’s called a “Three Strikes Rule”, that means if you get three felonies in a row, you go to jail for the rest of your life.

JAWABAN NO 8

        Six step being arrested :

1.) Stop

        If you meet the police and they say “stop”, you have to stop.

2.) ID

        The police will ask for your ID. ID is like passport, driving licence, or citizen card. You must show your ID.

3.) Charge

        After the police look your ID, you can ask why you are being stopped. The police will answer it and this will lead to be charged. And then you can ask whether you are under arrest or not. If the police say you are not under arrest, you can go away. If the police do not say that, it will lead to the next step.

4.) Fine

        If the police think you have done something wrong, you can’t go away at this moment. If you do a small thing or not criminal, you will get a fine from the police. The fine is clear. It is a ticket that you have to pay some of money and you can go free. Small thing in this case is like you are driving your car little too fast.

5.) Arrested

        If you don’t get the fine, so it mean you have done something very bad. The police will arrest you and you must follow them.

6.) Bail

        So, once you have been arrested you can ask for a lawyer. You will stay in the jail until you have a court date. If you don’t want to, you can get out if you have bail money. Bail money mean to you must pay a lot of money so you can leave the jail.

JAWABAN NO 9

1.) Judge         : The person who make a decision in a trial. This decision is called judgement or verdict. The judgement consists of guilty or innocent for the defendant.

2. Lawyer         : The person who is acting for someone in a court.

3. Juries            : People who help the judge to make a decision for the defendant in a trial.

4. Witness         : Some people who come to the court to testify.

*Catatan kuliah untuk memenuhi tugas UTS Legal English semester 1