KULIAH BAHASA INGGRIS (Legal English)

1. KULIAH BAHASA INGGRIS(Legal English) DOSEN PENGAMPU : Sapto Hermawan www.saptohermawan.staff.hukum.uns.ac.id

2. Deskripsi • Mata kuliah Bhs Inggrisi Hukum fokusnya tertuju pada pembahasan dasar-dasar teori bahasa secara terperinci dan menyeluruh serta penerapannya dalam penggunaan sehari-hari baik secara tertulis (written) maupun lisan (oral) • Memberikan kemampuan memahami dan mengutarakan kembali karya tulis bidang hukum dalam bahasa Inggris melalui pemahaman tentang comprehension, reproduction, sentence analysis dan vocabulary building. • Penggunaan bahasa Inggris disesuaikan dngan taraf intermediate dan pre advanced. • Penggunaan ditekankan pada kemampuan memahami bacaan ilmiah, penambahan perbendaharaan kata,/ungkapan dalam bahasa Inggris, perjanjian internasional, konvensi. • Struktur kalimat (tata bahasa) diberikan sesuai dengan bacaan ilmiah di bidang hukum. Kemampuan menterjemahkan, conversation dan diskusi dalam bahasa Inggris.

3. Materi • Auxiliary Verbs; Affixes; Articles; Pronouns; Tenses; Participles; Passive Voice; Conditionals; Conjunctions; Prepositions; Comparison; Phrases; Legal Terms; Translation.

4. References 1. Black’S Law Dictionary: Henry Campbell Black* 2. Law Dictionary: Steven H. Gifts* 3. English for Special Purposes: Dra.H. Sofia Rangkuti Hasibuan, MA.* 4. American Law An introduction: Lawrence Friedman (Translation Edition)* 5. Jakarta Post News Paper* 6. Dictionary** * voluntary, ** compulsory, obligatory

5. The simple present tense • Is used both to express habitual actions and general truths or facts, examples : • They open his law office every Monday & Friday • Law is a noble profession • The judge attends trial session every morning • Sentence transformation (interrogative & negative), examples : • Does the judge attend trial……………….. • The judge does not attend trial ……………..

6. The present continuous tense • Explains present time. It is used for actions or conditions which are happening in the present • Time markers : now, today, tonight, etc • The judge is listening to the plaintiff now • The man is looking for a good defense lawyer • Sentence transformation (interrrogative & Negative)

7. The Past Tense • To describe one completed action in the past • Indicated by time markers such as : yesterday, two days ago, in 1993 etc, examples : • The witness took an oath in front of the judge yesterday • The prosecutor arrived late this morning • Both lawyers and the defendant went to court • Sentence transformation (interrogative & negative), ex: • Did the prosecutor arrive late this morning

8. The future tense • Describes actions, activities and conditions in the future • Time markers generally used : next year, next week, in the year 2008 etc • In the year 2010, Mr Ali will establish a law firm of his own in Solo • Many people are going to seek legal aid from Ali’s firm • Sentence transformation (interrogative & negative)

9. shall, will, to going to • In American English, “shall” indicates uncertainty in the future, ex : shall we go there by a public bus, Shall I invite him to the meeting • In modern english “will” and to “going to” are two most common verbs to express the future. Howewer there is a slight difference in meaning • “Will” shows a future with determination, while “to going to” indicates intension of the speaker • In old English shall is also used to express a future time for the first person singular subyect “I” or in the official language of a contract

10. The used of “shall” in a contract • The chairman of the board of governors (Chairman) shall, with the approval of the board of governors, designate regions for the administration of the disciplinary process pursuant for these rules. In each region there shall be established a commmittee with the duties and powers set forth in the bylaws and in these rules, etc………………………………

11. Communication focus • Why do you study law ? • What is your goal after graduation from law school ? • What is your opinion of our legal system ?

12. The sentences • Whether short or long a sentence must have a subject and a verb and express complete idea, ex. : • Nowadays thieving prowlers are common occurred • Many households keep at least one dog to warn the family • Bribery of public officials is common in our country • An unscrupulous man with great power and wealth can do almost anything • The maker of pills and tonics no longer can advertise

13. The present perfect time • Form : Have/has + past participle of a verb (have/has gone) • For a completed action at an indefinite time in the past. Time markers : just, already, yet, not yet, etc • For an activity or a state that has continued for a period of time, from a point in the past until the present. Indicated by : since 1997, for year, so far, up to know, in all her life, until now, etc • He has just graduated from law school • He has been the director of the company since 1997 • They have shown good conduct so far • Transformation of sentences (interrogative & negative)

14. The past perfect tense • Form : Had + past participle (had gone) • Is used to to show an action which was completed before a certain even also in the past • In a sentence the past perfect tense is generally combined with a past tense, since both refer to two events in the past. The past perfect action happened first • Indicated by : when, before, after • His attorney had already left when Mr. Ali came in • He had talked to his attorney before he went to court • I went home after I had seen the police inspector • Transformation of sentences

15. The past continous tense • Form : was/were + verb + ing (was/were talking) • Is used in combination with an event in the past • For an action continuing in the past. Ex : The defendant was talking to Mr Darmo last night • For two actions continuing at the same time in the past. Ex : Mr Rachmat was talking on the phone while his secretary was typing the letters • For two actions in the past, one continuing while the other occurred or interrupted. Ex :Members of parliament were eating dinner when the attorney general walked in

16. The modal auxaliries • Have a special meaning attached to them  special verb • Can – (ability)  can go - could go • May – (permission)  may go-might go • Should- (advisability)  should go-should have gone • Must – (necessity)  must go-had to go • Have/has - (necessity)  have/has to go-had to go • Ought to – (obligation)  ought to go – ought to have gone

17. Examples of sentences using modal of auxiliaries • He has to pay property tax yearly (This statement means that it is necessary for him to pay taxes regularly) • Workers should follow certain regulation in the office (this statement means that workers are supposed to follow certain rules in the office) • The police can identify the victim • Members of Parliament may come late today

18. The active and the passive voice • They write down the rules on a piece of paper (active, present tense) The rules are written down on a piece of paper (passive) • The father made the rules of conduct (active, past tense) • They have broken the law (active, present perfect) • He had reported the accident to the police (active, past perfect) • He will hire a good lawyer (active, future tense) • She should type the report (active, modal auxiliary) • Any member of the tribe could use the land (active) • The man should report the accident to the police (active) • The prosecutor is questioning the man (active)

19. Adjectives • A word that modifies or explain a noun or pronoun. An adjective comes before the noun it modifies. Ex : a poor man, handsome lawyer • The tragic news was printed on the front page of the newspaper • The old man is selling used books to the needy children • She is a living witness to the crime • She is a boring speaker, but she is a fascinating teacher • A dead man was found in front of a school • His shirt was stained with fresh blood • Two policemen took the body to a nearby hospital • Several physicians gave their professional statements • The old man died because of a heavy blow to his head

20. Sentence Pattern(The simple sentences, Compound sentence, complex sentences) • The simple sentences, Ex : • The murdererstabbled the man (without modifiers) • The suspected murderer, unemployed and desperate for money to support his life in the city, mercilessly stabbled the rich man in the middle of the night (With modifiers)

21. Compound sentence • Consist of two or more independent clauses connected by the coordinate conjungtions : and, but, or, yet, nor, for and so • The court session ended • Student left • The seemingly endless court session finally ended at noon • The tired students left quickly • The seemingly endless court session finally ended at noon so the tired students left quickly • The use of computers in the law firm will not generate employement opportunities, but it will increase productivity • The prisoners are not allowed sport activities, nor are they offered courses to improve their skills • The defendant did not want to listen to the verdict, so she left the court early

22. Gerund • Gerunds as subject Testifying under oath was a bad experiences for her • Gerunds as objects of verbs He suddenly stopped talking because of the chaotic situation in court • Gerund as objects of preposition The man is accused of killing his wife • Gerunds as complements of verb to be His duty is defending the poor in the court house • Gerrunds as appositives The lawyer must not neglect his duty-defending the poor

23. The Adverbs • Formed by adding “ly” to an adjective, ex : briefly, fully, specifically, slowy. • Not all words ending “ly” are adverbs, ex: brotherly, fatherly, lovely, neighborly, lovely. Etc are adjectives. Whereas, words such as : very, much, little, almost, often etc, which do not have ly endings are adverb

24. The function of adverbs • Modify verbs The presiding judge does not depend fully on the testimony • Modify adjectives The corporation needs a highly trained lawyer • Qualify other adverbs The defense lawyer spoke extremely well in front on the jury

25. Examples of words ending in – ly but function as an adjectives in sentences • The corporate manager is an early riser • He has been very lonely without his family in prison • You should not forget your wifely duties

26. Observe the underlined words in the following sentences • The witness took the stand and talked very fast in front of the members jury • The accident happened on a very fast train from Jakarta to Surabaya • The prisoners have long hair since they may not go out of their cells • I have waited long outside the room for the presiding judge to read the verdict in the case

27. Note the use of gerunds, adverbs and adjectives • Prosecutor : Mr. Rifai where were you on evening of July 23 ? • Mr Rifai : oh, that starry evening? I lost my cat, so I was looking for it in Mr Ali yard • P : While you were there, did you try entering the chicken house • R : certainly, I did not • P : But you must admit seeing some very attractive chickens there. You could not avoid seeing them • R : Of course, I saw some chickens

28. P : Did some of them get out of the coop • R : Yes, I don’t know exactly how many, but I think I saw a big one, a black one, I guess, run out of the coop • P : Mr. Rifai, do you remember how the big chicken got out the coop? can you tell us precisely what you saw that night ? • R : I told you I was`looking for my cat, not for any chickens. I did not pay attention to the chickens • P : Was anybody arround that night • R : It was dark. I couldn’t see very well. I was just walking arround aimless because I was worried about losing my cat

29. P : I can understand that, Mr Rifai. And I can also understand that while you were looking for your cat, you also had your eyes on those beautiful fat chickens • R : Look mister, just because I was walking in Mr. Ali’s back yard looking for my cat, you can not directly charge me with stealing his chickens. Any way, why do bother me for stealing chickens while there are people out there who are corrupt bankers and officials you never care to investigate? What the matter with you? Why don’t you investigate people like Mr. Garong for KKN

30. Answer the following answer • How many people take part in the dialogue? Who are they in the people dialogue mr Ali’s, Mr. Rifai and the prosecutor (wrong grammar) • What did Mr Rifai lose • Where did Rifai try to find his cat • What was there in the back yard of Mr Ali’s house Mr. Rifai’s cat (wrong answer) • Why couldn’t Mr Rifai see anyone around that night

31. Nouns • Proper nouns : Tom, Achmad, Indonesia, jakarta • Concrete and abstract nouns : books, beauty • Countable and uncountable : one book, rice • Noun compounds : attorney general, garlic smuggler, general election, paycheck, pickpocket • Adjective forms used as nouns : the rice, the brave • Gerund : saving your money in the bank • Derivational forms of nouns : accumulation, encouragement, accomplishment, assistance, attraction, government, hardship, intellegent, misery, profit, weakness, strength, sucess

32. Functions of noun • As subject of verb Honesty is the best policy • As object of verb The poor are spending their money on basic commodities • As subjective complement He is president of the United States • In apposition Mr. Jones, American ambassador to Indonesia in 1965, wrote the book entitled “Indonesia the posssible dream” • Object of preposition A charismatic leader does not lie to his people

33. Conditional sentences • Future-Possible condition The president will fire his ministers if they are incapable of doing their job • Present unreal condition If I told you the truth about the accident, you would cry  it is mean that the speaker does not tell the truth • Past unreal condition If the independent lawyer had gathered enough evidence, he would have won the case  The independent lawyer did not gather enough evidence

34. Adjective Clauses • For a person : who, whom, whose, that • For a thing : which, that • For time : when • For place : where • For reason : why

35. Sentences containing the adjective clauses • The 40-year-old ladywho was just acquitted of a murder charge, had trouble looking for a job • The witness from whom the public prosecutor tried to get information on the case was reluctant to talk much • He needs some factsthat concern the defendant’s past business activities

36. Law Enforcement Officer • Police • Public Prosecutor (to prosecute, prosecution), Attorney, Attorney General, Solicitor • Judge, justice, Chief Justice. • Legal Practitioner (Lawyer, Advocate, Legal Counsel, Attorney At Law, Barrister)

37. Trial Processes System Adversary System :  The jurisprudential network of laws, rules and procedures characterized by opposing parties who contend against each other for a result favorable to themselves  Common Law Tradition  Orality  The judge acts as an an independent magistrate rather than prosecutor Inquisitorial System :  Civil Law tradition  Written document based  Rational, fair, obyective value

38.  A Wisdom Messages  • Oliver Wendel Holmes,Associate Justice U.S Supreme Court: … I’am not here to do justice, I am here to play the game according to the rules….. • Judge Jerome Frank, U.S. Courts Appeal (high court) …the lawyer aims at victory, at winning in the fight, not at aiding the court to discover the facts. He does not want the trial court to reach a sound educated guess, if it is likely to be contrary to his client’s interests. Our present trial methods is thus the equivalent of throwing pepper in the eyes o a surgeon when he is performing an operation…..

39. definition • Barrister  in england one of two classes of legal practitioners whose functions is the advocacy of ceases in open court and related duties • Solicitor General  person appointed by the president to assist the attorney general in performing his/her duties • Court clerk an officer whose duty is to keep records, issue process, enter judgement and the like • A law clerk  an assistant to a lawyer or a judge

40. LAW ENFORCEMENT AGENCIES Police  investigation, inquriy Public Attorney, Supreme Public Attorney  prosecution Court (Distric Court, Appeal Court/high court, Supreme Court)  trial Correctional, Penitentiary (Prison, jail, Custody, Detention, Suspect, Accused, Defendant, Plaintiff, Prisoner, Inmate)  correction

41. Criminal procedure(prosecution)  • Prosecution  the act of pursuing a lawsuit or criminal trial • Arraignment  procedure whereby the accused is brought before the court to plead to the criminal charge against him for the indictment or information • Indictment  a formal written accusation, drawn up and submitted to a grand jury by the public prosecuting attorney, charging one or more persons with a crime • Information  a written accusation of crime signed by the prosecutor, charging a person with the commision of a crime as a means of starting a criminal prosecution

42. Court decision • Verdict  latin “veredictum” :  a true declaration. The formal decision or finding made by a jury  the finding of a jury or of a judge where there is no jury on a question of fact  is not a judicial determination  Judgment  the determination of a court of competent jurisdiction upon matters submitted to it

43. The types of crime • Felony a crime of a graver or more serious nature than those as designated as misdemeanors (homicide ;murder and manslaughter, mayhem, arson, rape, robbery, burglary, larceny, exc). Marital rape • Misdemeanors  offenses lower than felonies and generally those punishable by fine, penalty,forfeiture, or imprisonment otherwise than in penitentiary • Malpractice  professional misconduct or unreasonable lack of skill

44. HOMICIDE TYPES  • Manslaughter  the unjustifiable, inexcusable and intentional killing of a human being without deliberation, premediation and malice • Murder  the unlawful killing of a human being by another with malice aforethought

45. QUIZ  PLEASE MAKE COMPLETE SENTENCE CONTAIN NOUN COMPOUND : • BOGUS MONEY • CAPITAL MARKET • INSURANCE BROKER • PROSECUTOR ACCUSATION • LAW LIBRARY

46. Formal and business letters • The heading  the return address • Inside address  the name of the person you are writing • Salutation • Body, (brief)  stating only the facts of the matter • Closing and signature

47. SALUTATION • My dear John/Mary • Dear Sir/Madam • Dear dad/mother • Respected sir/madam • Your excellency • Your Highness • Your Majesty

48. Closing paragraph • I will write again very soon Clara • Give me kind respect tp your parents • I hope you are all keeping well and that everything will go along succesfully • We thank you in advance for your cooperation in this matter • I hope to be favoured to have an interviaew at your earliest convenience

49. Complimentary • Your loving John/Son/dauhgter/sister/aunt/uncle • Yours sincerely • Truly yours • Your faithfully • Sincerely

50. Job Aplication Letters • Basically a sales letter • Present yourself with confidence • Reflect your personality as well your qualification • Emphasize your strongest ability • don’t overdo by mentioning all the aplicable experience you have • Rely on your highlights