Needless to say, Legal English is probably one of the worst types of ESP. When I first started teaching it, I was scared to death. All I could think about was that my students would be running out of the classroom screaming for help. Those who stayed, probably wanted to roll on the floor in utter terror thinking of their own studies as having reached the point of demise!
Well, obviously, I had to think of something to make them stay. What is more, they had to survive!
I will not be talking about the way I teach Legal English. Such elaboration would exceed the primary scope of this blog. Yet, I would like to suggest a few things that can be done to achieve the objectives set by the syllabus. What is more, these things can be done in a computer-assisted context.
Throughout the semester, I encourage my students to complete extra activities online. Of course, they are being allocated points for those extras and the points are added to their overall performance. Apart from that, they have to do tests, one midterm and one final. At the end of the semester, they then take a final oral exam. In today's post I would like to present some ideas how to motivate students to prepare for that final exam by doing some research online.
The oral is organised as follows:
They draw a slip of paper from among a set of slips. On that slip, a term is being provided which they have to define. The term has been taken from a predefined list of terms covered during the semester. They are allowed to use the definition suggested in their textbook, or they may offer their own definition. If it is their own, they have most probably found some ideas online. Usually, the better students, or those aiming for higher marks, provide their own definition and their own examples. For instance, possible terms from the course in Legal English 1 include the following: articles of incorporation, nominal capital, rights issue, pre-emption right, etc. If they search online resources, they usually mention other related terms, such as Company House, share consolidation, or right of first refusal because they need these related terms to explain the term they have to explain as part of their exam task.
The second, more demanding part in the exam is the so-called task. Here they have to resolve a problem that is explained on the slip they drew. This task is closely related to the term they have to explain in the first part. The tasks are based on various examples from their textbook as well as examples mentioned by me in class. Sometimes, the students come up with examples they themselves want to know about more, or have heard about. I usually advise that they do some online research and think of possible problems related to the terms from the predefined list.
As indicated above, part of the course in Legal English 1 is focused on company incorporation. In addition, a part deals with the differences between adversarial and inquisitorial judicial systems. The course in Legal English 2 mostly covers contractual clauses and real estate whereas the course in Legal English 3 focuses on intellectual property, securities, debtor-creditor relationships, etc. The examples we cover in class include a lot of situations from real life, such as stories about takeovers in Serbia, private businesses, the contract they signed when they enrolled at the faculty they are attending, the famous "I agree" button they click when installing something, etc. I then want them to research issues, such as contractual obligations, clauses, breech of contract, etc. They do not know what the tasks are about, but they can follow the list of terms and read about cases including the term they have on their list.
What follows are examples of tasks my students usually get in the exam along with the respective term:
common law
You have been a civil law practitioner in a non-EU country but are now interested in a job of a common law practitioner in the UK. As you have found an add about a school offering a scholarship for a course in common law, you have applied for the course because you need the knowledge. You are at an interview trying to convince the people you are the perfect candidate for the course.
corporate veil
You are a shareholder at a company and the CEO has committed fraud by selling some shares twice. The employees are now suing the board, you among them. Of course, you do not want to be held responsible as you knew nothing of the CEO’s activities. Address the judge and try to convince him that you are innocent.
Legal English 2
enforceable right
Your friend borrowed some money from you and he signed a promissory note to pay the money to a colleague of yours who you owe some money. All deadlines have expired, your colleague is asking you about the money, but your friend says he does not care about the promissory note. He claims he was drunk at the time he signed it and that he cannot remember he has ever signed such a note! As your colleague has initiated a law suit, you are now at court trying to defend yourself.
restitution damages
You have hired a contractor to do some adaptations in your office premises. The completion period determined in the contract is 1 month. You paid in advance but the weather has been bad so no work could be performed. Now, two months later, you want your contractor to take up the work but he claims that the contract has expired and that he is under no obligation as far as the adaptation works are concerned nor does he want to give you your money back. You are at court and trying to get some justice.
Legal English 3
Your friend borrowed some money from you and he signed a promissory note to pay the money to a colleague of yours who you owe some money. All deadlines have expired, your colleague is asking you about the money, but your friend says he does not care about the promissory note. He claims he was drunk at the time he signed it and that he cannot remember he has ever signed such a note! As your colleague has initiated a law suit, you are now at court trying to defend yourself.
restitution damages
You have hired a contractor to do some adaptations in your office premises. The completion period determined in the contract is 1 month. You paid in advance but the weather has been bad so no work could be performed. Now, two months later, you want your contractor to take up the work but he claims that the contract has expired and that he is under no obligation as far as the adaptation works are concerned nor does he want to give you your money back. You are at court and trying to get some justice.
Legal English 3
cybersquatting
You have started a dot.com connecting contractors with companies who are in need of particular services. You act as mediator and charge them with a small commission. Recently you realised that one of the contractors is using your site to promote his services on his own. You’ve pressed charges against him and are now addressing the judge seeking justice.
price-fixing
You are a small individual taxi-driver. As you do not belong to any association or company you cannot know when the other drivers change their prices. Obviously, business has been quite bad for you on behalf of the price-fixing applied by the other drivers. You have initiated a law suit based on bad competition. Address the court and try to get some justice.
You have started a dot.com connecting contractors with companies who are in need of particular services. You act as mediator and charge them with a small commission. Recently you realised that one of the contractors is using your site to promote his services on his own. You’ve pressed charges against him and are now addressing the judge seeking justice.
price-fixing
You are a small individual taxi-driver. As you do not belong to any association or company you cannot know when the other drivers change their prices. Obviously, business has been quite bad for you on behalf of the price-fixing applied by the other drivers. You have initiated a law suit based on bad competition. Address the court and try to get some justice.
Though these tasks might seem difficult, students actually manage to address each task quite successfully. Obviously, they find the situations and examples interesting so they try to find out more about them.
