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The legal view of marriage ____________(be) 2 that it is a contract between two persons. Because it fundamentally ____________________(affect) (2) the status of each of the contracting parties and __________________________(impose) (2) rights and obligations of a special kind, marriage_________________________(accord, passive) (3) a special importance legally as well as socially.

Lord Penzance ___________________________( define) (2) marriage as the voluntary union for life of one man and one woman to the exclusion of all others (Hyde v. Hyde, 1866). It ___________________( follow) (2) from the above definition that forcible marriage and marriage by deceit or by mistake must be void. Deceit ________________________(mean) (2) misrepresentation of the essential nature of the transaction, mistake means an essential mistake, e.g. the identity of the other party, or the ceremony itself. The free and voluntary consent of the parties is essential. (15)

The legal view of marriage is that it is a contract between two persons. Because it fundamentally affects the status of each of the contracting parties and imposes rights and obligations of a special kind, marriage is accorded a special importance legally as well as socially. Lord Penzance defined marriage as teh voluntary union for life of one man and one woman to the exclusion of all others (Hyde v. Hyde, 1866). It follows from the above definition that forcivle marriage and marriage by deceit or by mistake must be void. Deceit means misrepresentation of the essential nature of the transaction, mistak means an essential mistake, e.g. the identity of the other party, or the ceremony itself. The free and voluntary consent of the parties is essential.

Voidable marriages are valid until they ______________________ (declare, passive) (3) void by a competent court. The Nullity of Marriage Act (1971) ___________________________(provide) (2) that in respect of a voidable marriage the marriage ________________________ (annul, passive) (3) only for the time after the decree, and the marriage________________________ (treat, passive) (3) as having existed up to that time.

The Matrimonial Causes Act, 1973, ____________________(provide) (2) that a marriage taking place after 31 July 1971, is voidable if it ___________________________(consummate, passive) (3) owing to incapacity of either party, or if either party did not validly consent, whether by duress, mistake, unsoundness of mind or otherwise.

Voidable marriages are valid until they are declared void by a competent court. The Nullity of Marriage Act provided that in respect of a voidable marriage the marriage is annulled only for the time after the decree, and the marriage is treated as having existed up to that time. The Matrimonial Causes Act, 1973, provides that a marriage taking place after 31 July 1971, is voidable if it has not been consummated owing to incapacity of either party, or if either party did not validly consent, whether by duress, mistake, unsoundness of mind or otherwise.

Under the Matrimonial Causes Act, 1973, it __________________________(provide, passive) (3) that the sole ground on which a petition for divorce may __________________(present, passive) (3) to the court shall be that the marriage________________________ ( break down)(2) irretrievably. To establish this the petitioner must satisfy the court on one or more of the following grounds:

The respondent _____________________(commit) (2) adultery and the respondent ________________(find)(2) it intolerable to live with the respondent.

The respondent has behaved in such a way that the petitioner cannot reasonably ___________________(expect, passive) (3) to live with the respondent. (15)

The respondent _____________________(desert) (2) the petitioner for a continuous period of at least two years immediatley preceding the presentation of the petition.

The parties to the marriage _________________________( live) (2) apart for a continuous period of at least two years immediately preceding the presentation of the divorce perition and the respondent _____________________(consent) to a decree being granted.

The parties to the marriage _________________________( live) (2) apart for a continuous period of at least five years immediately preceding the presentation of the divorce petition.

Under the Matrimonial Causes Act, 1973, it is provided that the sole ground on which a petition for divorce may be presented to the court shall be that the marriage has broken down irretrievably. To establish this the petitioner must satisfy the court on one or more of the following grounds:

The respondent has committed adultery and the respondent finds it intolerable to live with the respondent.

The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

The respondent has deserted the petitioner for a continuous period of at least two years immediatley preceding the presentation of the petition.

The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the divorce perition and the respondent consents to a decree being granted.

The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the divorce petition.

Below are the main areas that Family Law covers. Write one area above each text:

Adoption, Child Custody, Children’s Rights, Divorce, Estate Planning, Estates and Trusts, Insurance, Marriage

1. ____The process by which a legal parent-child relationship is created between individuals not biologically parent and child.

2. ____The parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal

3. _____Children are generally afforded the basic rights embodied by the constitution

4. _____As a result of this both parties’ status becomes single again.

5. ______The process by which an individual or family arranges the transfer of assets in anticipation of death

6. ___Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.

7. ____ While types vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people.

8. ____ A contract based upon a voluntary private agreement by a man and a woman to become husband and wife.

Many see a stronger case for including __marriage within divorce even though the Law___, nearly 30 years ago, decided against such recommendation (___of Marriage), giving several reasons in support of this ___. Although the conceptual divide may no longer mean much to the ___ , it remains essential to the Christian Church, which attaches particular importance to___as a prerequisite to___.

Many see a stronger case for including voidable marriage within divorce even though the Law Commission, nearly 30 years ago, decided against such recommendation (Nullity of Marriage), giving several reasons in support of this attitude. Although the conceptual divide may no longer mean much to the lawyer, it remains essential to the Christian Church, which attaches particular importance to consent as a prerequisite to marriage.

A last will and ___is a legal document that declares how an ___or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to ___a will to ensure that their ___are handled in a satisfying way.

A last will and testament is a legal document that declares how an estate or property will be managed after the writer’s death. Although it is not the most pleasant subject to approach, it is essential for people to draft a will to ensure that their assets are handled in a satisfying way.

For those with __children, it is crucial to declare how ___or money will be used to provide for these children. For those with ___or accumulated savings, it is important to state the name a responsible ___ who will manage these funds.

For those with minor children, it is crucial to declare how property or money will be used to provide for these children. For those with investments or accumulated savings, it is important to state the name a responsible party who will manage these funds.

Generally, a last will and testament should contain the name of an ___, information relating to one’s burial, payment of any___, any charitable___, bequests to ___and the list of the powers of the executor.

Generally, a last will and testament should contain the name of an executor, information relating to one’s burial, payment of any debts, any charitable donations, bequests to beneficiaries and the list of the powers of the executor

Additionally, a will must be typed or printed, signed by the maker, or ___and signed by ___who can attest to the ___ of the document. A __must state that the testator ___any previous wills or amendments to such previous wills.

Additionally, a will must be typed or printed, signed by the maker, or testator, and signed by witnesses who can attest to the validity of the document. A will must state that the testator revokes any previous wills or amendments to such previous wills.

The ___must demonstrate that the document was not created under ___or provocation. In other words, the testator must ___that the will was created willingly and freely by an individual with the mental___ to do so.

The testator must demonstrate that the document was not created under duress or provocation. In other words, the testator must demonstrate that the will was created willingly and freely by an individual with the mental capacity to do so.

The will must name the ___or parties responsible for ___ the document under the supervision of the ___court. The will should name any ___and their entitlements. In addition, the will should explain how any outstanding ___will be paid.

The will must name the party or parties responsible for executing the document under the supervision of the probate court. The will should name any beneficiaries and their entitlements. In addition, the will should explain how any outstanding debts will be paid.

In key respects, the Court___(resemble) a national supreme court. It____(act) as a constitutional court, _____(define) the balance of powers_____(exercise) by the member states and those exercised by the Community institutions. It ___(rule) upon the extent and limits to the powers of the institutions, and ___(maintain) the system of balances between them.

It also ___(act) as a supreme administrative court, ____(review) the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ ___(have) the role of a traditional appellate court.

In key respects, the Court resembles a national supreme court. It acts as a constitutional court, defining the balance of powers exercised by the member states and those exercised by the Community institutions. It rules upon the extent and limits to the powers of the institutions, and maintains the system of balances between them.

It also acts as a supreme administrative court, reviewing the legality of acts of the other institutions. Since the establishment of the CFI, the ECJ has had the role of a traditional appellate court.

A reference for a __ruling allows the courts and tribunals of the Member States, in __which have been brought before them, to __questions to the Court of Justice about the __ of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national __or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly ___ on other national courts or tribunals before which a similar issue is raised.

A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which have been brought before them, to refer questions to the Court of Justice about the interpretation of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.

Complete the text using the following: agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms

It is an agreement that creates a binding ____ upon the parties. The essentials of a contract are as follows: mutual ____; a legal ____which in most instances need not be financial; parties who have legal ____to make a contract; absence of ____or duress; and a subject matter that is not ____or against public policy.

In general, contracts may be either ___or written. Certain types of contracts, however, in order to be enforceable, must be written and ____. These include contracts involving the sale and transfer of _____.

In case of a ____of contract, the injured party may go to court to sue for financial compensation (or ____), or for rescission, for injunction, or for specific performance of financial compensation would not compensate for the breach. Specific____of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise___ agreed

One way in which the state _____________(try) to keep wrongdoing within limits is by __________(give) citizens the right to claim compensation from people who infringe their rights. It ___________(do) this through the law of torts, which in civil law systems _____________(call, passive) delicts. Both these words mean 'wrongs'. Originally there _________(be) not much difference between crimes and torts. Today, though the language of wrongs ____still____________(use, passive), the behaviour for wich people have to pay compensation (for instance for ___________________(damage) someone's car in a road accident) is often wrong only in a weak sense.

 

One way in which the state tries (2)to keep wrongdoing within limits is by giving (2) citizens the right to claim compensation from people who infringe their rights. It does (2) this through the law of torts, which in civil law systems are called (3) delicts. Both these words mean 'wrongs'. Originally there was (2) not much difference between crimes and torts. Today, though the language of wrongs is still used (3), the behaviour for which people have to pay compensation (for instance for damaging (2) someone's car in a road accident) is often wrong only in a weak sense. (16)

Either the driver ____________(be) not _________as alert as he should be or, in some countries, he (or more likely his insurance company) is liable to pay even if he _________(be) not in any way at fault. He _______not _______________(intend) to do harm and he was not negligent. In tort law, terefore, we can be responsible although what we ____ ______(do) is not wrong at all, or not seriously wrong.

Either the driver has not been (2) as alert as he should be or, in some countries, he (or more likely his insurance company) is liable to pay even if he was not (2) in any way at fault. He did not intend (2) to do harm and he was not negligent. In tort law, terefore, we can be responsible although what we have done (2) is not wrong at all, or not seriously wrong.

One reason why people can _______ _______(make, passive) to pay compensation for a tort though they may not have done anything wrong is that the law of torts ___________(aim) to kill two birds with one stone. It _____________(try) to deep wrongdoing under control and in that way supplement criminal law.

One reason why people can be made (3) to pay compensation for a tort though they may not have done anything wrong is that the law of torts aims (2) to kill two birds with one stone. It tries (2) to deep wrongdoing under control and in that way supplement criminal law.(15)

It also tries to ensure that people who ______________(harm, passive) by others get compensation. In an industrial society accidents multiply, and, if society_____________ (want) to give its members a reasonable amount of security, the law has to play a part in ________________(see) that those who suffer harm ____________________(compensate, passive). The compensation is nearly always in money and _________________ (call, passive) damages. But these two aims – ________________(limit) wrongdoing and providing compensation – clash.

It also tries to ensure that people who are harmed (3) by others get compensation. In an industrial society accidents multiply, and, if society wants (2) to give its members a reasonable amount of security, the law has to play a part in seeing (2) that those who suffer harm are compensated (3). The compensation is nearly always in money and is called (3) damages. But these two aims – limiting (2) wrongdoing and providing compensation – clash.(15)

Complete the text by using the following words: agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue

A company is a ___entity, allowed by ___, which permits a group of people, as___, to create an organization, which can then focus on pursuing set____. It is empowered with legal rights which are usually only reserved for individuals, such as the right to____and be sued, own____, hire____ or loan and ____money.

The primary advantage of a company structure is that it provides the shareholders with a right to participate in the_____, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal____.

There are various forms of legal business entities ranging from the____, who alone bears the risk and responsibility of running a business, taking the profits, but as such not forming any association in law and thus not regulated by special rules of law, to the____company with ___liability and to multinational ____.

In a ____, members ‘associate’, forming collectively an association in which they all participate in management and sharing____, bearing the liability for the firm’s _____and being sued jointly and severally in relation to the firm’s contracts or tortious acts.

Limited-liability companies, or corporations, unlike partnerships, are formed not simply by____entered into between their first members; they must also be_____at a public office or _____designated by law or otherwise obtain official acknowledgement of their existence.

___review is the power of the courts to___ the acts of the _____ and/or the legislative power where it finds them incompatible with a higher authority, such as the terms of a written___. Judicial review is an example of the functioning of ____of powers in a modern governmental system (where the ___ is one of several branches of government). This principle is interpreted differently in different___, which also have differing views on the different hierarchy of ___norms. As a result, the ___ and scope of judicial review differs from country to country and state to state.

Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher authority, such as the terms of a written constitution. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of several branches of government). This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state.

Most modern legal systems allow the courts to review ___acts, i.e. individual decisions of __body, e.g. a decision to grant a subsidy or to withdraw a residence permit. Certain ___systems, most notably in France and Germany, have ___a system of administrative___, that are charged exclusively with deciding on ___between the members of the public and the administration.

Most modern legal systems allow the courts to review administrative acts, i.e. individual decisions of public body, e.g. a decision to grant a subsidy or to withdraw a residence permit. Certain governmental systems, most notably in France and Germany, have implemented a system of administrative courts, that are charged exclusively with deciding on disputes between the members of the public and the administration

In other countries, e.g. the United Kingdom and the Netherlands, judicial __is carried out by regular civil courts, although it may be ____ to specialized panels within these courts, such as the Administrative Court within the High Court of England and Wales.

In other countries, e.g. the United Kingdom and the Netherlands, judicial review is carried out by regular civil courts, although it may be delegated to specialized panels within these courts, such as the Administrative Court within the High Court of England and Wales.

In American legal language, the term "judicial review" usually refers to the review of the ___of legislation by both federal and ___courts, such as the Supreme Court of the United States. However, many legal systems specifically do not allow any review of primary___, passed by parliament.

In American legal language, the term "judicial review" usually refers to the review of the constitutionality of legislation by both federal and state courts, such as the Supreme Court of the United States. However, many legal systems specifically do not allow any review of primary legislation, passed by parliament.

In the UK, ___cannot be set aside under the doctrine of parliamentary. ___Another example is the Netherlands, where the Constitution expressly ___the courts to rule on the question of constitutionality of primary legislation. Many countries whose constitutions do provide for a review of primary legislation on compatibility with the constitution, have established special ___courts that have the exclusive authority to deal with this issue

In the UK, statutes cannot be set aside under the doctrine of parliamentary sovereignty. Another example is the Netherlands, where the Constitution expressly forbids the courts to rule on the question of constitutionality of primary legislation.Many of the countries whose constitutions do provide for a review of primary legislation on compatibility with the constitution, have established special constitutional courts that have the exclusive authority to deal with this issue

The police, like everyone else, must respect the individual's _________rights. People are entitled to be allowed to move freely and to have their person and their ________ respected. However, there must be sufficient powers for the police to ___________ crime –___________has therefore given them special powers which can be used in certain circumstances. These powers include the right to stop __________, to search them, to arrest and interview people when necessary and to take _________and samples (such as blood) for scientific analysis. Without powers such as these, it would be impossible to investigate_________. However, it is important that, at the same time, ordinary people are not unnecessarily harassed by the police and that suspects are protected from overzealous police _________.

The police, like everyone else, must respect the individual's civil rights. People are entitled to be allowed to move freely and to have their person and their property respected. However, there must be sufficient powers for the police to investigate crime – Parliament has therefore given them special powers which can be used in certain circumstances. These powers include the right to stop suspects, to search them, to arrest and interview people when necessary and to take fingerprints and samples (such as blood) for scientific analysis. Without powers such as these, it would be impossible to investigate crimes. However, it is important that, at the same time, ordinary people are not unnecessarily harassed by the police and that suspects are protected from overzealous police methods. (16)

►The police who fail to act within the scope of their ____ powers may be the subject of internal ___ proceedings, or worse. Potentially the most effective ___ against breaking the rules arises from the fact that any ___ obtained improperly may not be able to be given in ___.

►The police who fail to act within the scope of their legal powers may be the subject of internal disciplinary proceedings, or worse. Potentially the most effective deterrent against breaking the rules arises from the fact that any evidence obtained improperly may not be able to be given in court.

►As the police know that during the investigative information-gathering stage these rules of evidence will__ (apply, passive) should a case reach court and ___(contest, passive), these rules should shape the ways in which evidence___ (obtain, passive) by the police. However, the law of evidence ___(give) judges considerable discretion whether or not evidence should ___ (exclude, passive). The practical consequences of bending or ___(ignore) the questioning rules are not always predictable.

►As the police know that during the investigative information-gathering stage these rules of evidence will be applied should a case reach court and be contested, these rules should shape the ways in which evidence is obtained by the police. However, the law of evidence gives judges considerable discretion whether or not evidence should be excluded. The practical consequences of bending or ignoring the questioning rules are not always predictable.

Performed, made, or given of one’s own free will

Voluntary A legal impediment; a barrier Bar Full age; the condition of being of age; no

longer a minor Majority Not restrained or limited unfettered

To perform with ceremony or according to legal forms, especially to unite a couple in a marriage

Solemnize Relationship by marriage Affinity That which can be make void Voidable

A wilfully false statement of fact, either by words or conduct

Misrepresentation An inability through ental illness or mental

deficiency of any sort to carry on the everyday affairs of life

Mental incapacity An inference establisjed by law as universally

applicable to certain circumstances (_____of innocence)

presumption

A declaration that a marriage was never legally valid

Annulment Relationship by blood Consanguinity Without legal force; null void

Rights and responsibilities that parents have in relation to a child

Custody Pressure, especially actual or threatened

physical force, put on a person to act in a particular way

duress

A false representation by means of a statement or conduct made knowingly or recklessly in order to gain material advantage

Fraud To make void or null; to cancel Avoid To change; to make different; to modify vary

Voluntary sexual intercourse between one spouse and a person of the opposite sex not the other spouse

adultery Married person Spouse Leaving a wife or husband Desertion Aiming at punishment punitive

A document by which a person appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed

Will The property of a deceased person Estate One who is left something in a will Beneficiary One who makes a will Testator

The official right to prove and the fact of provng that a will has been written and signed in accordance with the law

Probate Property which can be turned into cash assets

Refraining from action; a delay from taking action to enforce rights

Forbearance A person accused of an offence Offender To bring a civil action Sue Damages the amount of which is not

settled, as in cases of tort Unliquidated damages

An officer of the European Court of Justice who summarizes and presents a case to the judges and assists them in coming to a decision

Advocate General To give judgment, to decide a legal problem adjudicate

Civil wrong Tort A legally binding agreement Contract An arrangement whereby one person holds

title to and administers the property of another to the benefit of the other

trust

The failure to exercise ordinary care or caution under a particular set of circumstances; the failure to take reasonable care to avoid injury to others

Negligence An unreasonable interference with a person’s use

or enjoyment of property; whatsoever unlawfully annoys or damages another

nuisance

An unlawful or harmful entering of another’s property

Trespass Words that tend to injure a person’s reputation Defamation Of, relating to, or implying a contract; bound or

secured by a contract contractual

The capacity and power under law of a person to occupy a particular status or relationship with another, or to engage in a particular undertaking or transaction

Legal capacity

One’s exclusive right of possessing, enjoying and disposing of a thing

ownership One who organizes, owns, manages, and

assumes the risks of a business; one that organizes, promotes, or manages an enterprise or activity of any kind

entrepreneur

Ownership or control that permits domination of th means of production or the market in a business or occupation

Monopoly To place capital in such a way that it is

hoped will secure oncome or profit Invest The sum invested or the property

purchased investment

The capacity of a corporation to have continuous enjoyment of its property so long as it is legally in existence; power by which a corporation continues despite chnges in its shareholder membershp

Perpetual succession The liability for losses that is limited to the

amount an investor or shareholder invests in the corporation

Limited liability

Business owned by one person Sole proprietorship Association of two or more persons as co-owners

to carry on a business for profit Partnership Artificial person created under law and

empowered to achieve a specific purpose corporation

The sale of goods in small quantities to the public, as in a shop

Retail Gain; the excess of an amount received over

the amount paid for goods and services Profit One to whom money is owed by the debtor Creditor One who has obligations of paying a debt Debtor

A constitutional doctrine that gives to a court system, especially to a supreme court, the power to annul legislative or executive acts which the judges declare are contrary to the provisions of the constitution

Judicial review Beyond powers (Lat.) Ultra vires Supreme authority or power Supremacy

A law made by councils, boards, corporations, and companies for regulation of their own local or internal affairs

By-law

An intentional or reckless act that causes someone to be put in fear of immediate physical harm.Actual physical contact is not necessary

Assault One suspected of a crime Suspect A policeman; a public officer responsible for

keeping the public peace (police) constable

The form of action whereby a plaintiff seeks to recover personal property unlawfully detained

Detinue Unauthorized and wrongful assumption of

ownership of goods known to belong to another

Conversion

Podnositelj zahtjeva za razvod braka Petitioner Tuženi supružnik (u brakorazvodnoj parnici) Respondent Tužbeni zahtjev petition

Pravomoćnost, pravovaljanost Validity Pretres, pravo pretrage Search Pravo ulaska na privatni posjed Entry Privremeno oduzimanje, zapljena seizure