L’Anglais fait partie des modules de formation professionnelle initiale des avocats admis au stage dans un des Barreaux de l’espace UEMOA (Règlement d’Exécution n° 002/2019/COM/UEMOA). Ce cours permettra aux avocats stagiaires d’enrichir leur vocabulaire juridique, accroître leur expression orale courante dans des situations professionnelles, et les aider à appréhender avec plus de facilité les relations avec le monde anglophone.

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What are the types of cases that courts handle ?          

The courts handle two main kinds of cases. They are civil cases and criminal cases.

A civil case is a private court proceeding where someone sues someone else. This is also known as a suit or action. A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. A civil suit can also result if someone is injured or property is damaged. For example, someone who breaks a leg when he or she slips on an icy stairwell may sue for compensation. The person who sues is called the plaintiff. The person being sued is called the defendant.

In a criminal case, a defendant is charged with a crime. The government initiates the case through a prosecutor, who is an attorney for the government.  A criminal case generally begins after the accused is arrested and informed of his or her charges. In regards to criminal cases, the defendant is considered innocent until proven guilty beyond a reasonable doubt by the prosecutor. The punishment for guilt can be incarceration, a fine, or possibly the death penalty. The defendant has a constitutional right to a jury trial, and to be defended by an attorney.

What are the differences between civil and criminal cases ?

The differences between civil and criminal actions are the parties who may bring the actions; the purposes for the actions; and the procedural rules and requirements for criminal and civil actions.

In criminal cases the party pursuing the action is the government through an attorney known as the prosecutor and the party charged with the crime is the defendant, or the accused. In contrast, private citizens, businesses and institutions can bring civil actions. In civil actions, the party pursuing the action is called the plaintiff and the party responding to the action is called the defendant.

Civil and criminal actions have different purposes. The purpose of civil action is to resolve disputes and provide compensation for someone injured by someone else’s acts or behaviour. The purpose of criminal action is to prevent undesirable behaviour and punish those who commit an act deemed undesirable by society.  In a civil case, the defendant is found liable or not liable. This means he is found responsible or not responsible. If he is found liable, he must pay damages or follow orders. The judge can give the defendant an order for specific performance, in other words, the judge can tell the defendant what he must do or not do to rectify. In a criminal law case, a person is found guilty or not guilty and can be punished by incarceration in a prison or with a fine, or in some countries and on very rare occasions through the death penalty. If he is not guilty, he is acquitted.

What differentiates the role of the defense counsel in civil law and common law countries ?

In common law countries, the trial is adversarial, so the defense counsel plays an active role in trial proceedings and is considered an equal party to the prosecution. The defense counsel can be present during the questioning of a suspect from the moment of arrest and can advise his/her client during questioning.  The defense attorneys can gather evidence independently, hire expert witnesses, and select witnesses to call at trial. The right to cross-examine prosecution witnesses constitutes an essential element of the rights of the accused.

In most civil law countries, the defense counsel’s role in court looks very different from the one in the common law countries. In a trial in a civil law system, the defense counsel says very little. The defense counsel does not raise an objection before the judge. The counsel does not examine witnesses, does not call evidence and so forth. Furthermore, the defense counsel can request that the judge (who is responsible for questioning a witness) to ask a particular question in court but may not do so directly.

The responsibilities and roles of the different types of legal professions are different from one country to another. They depend on the history and the legal system of each individual country. In some countries the role of a lawyer is divided into two types  – lawyers who represent their clients in the high courts, and lawyers who deal with clients but do not discuss cases in the higher courts. This distinction is called a split (divided) profession.  In the United Kingdom, for example, there is a difference between the profession of a solicitor and a barrister or advocate. In Italy and France, too, there is a difference between the role of an advocate and a civil law notary. In other countries, there is no distinction. A system with no distinction is called a system with a united or fused profession.

It is important to remember that often the same word for a profession can be used differently depending on the country. Let’s look, for example, at the word: LAWYER. In the United States, the word generally refers to attorneys, that is, a lawyer who is legally qualified to prosecute and defend actions in a court of law. It is never used to refer to patent agents, or paralegals. A patent agent is a person who is a specialist in ‘patents’ or licences for new inventions. A paralegal is someone who has legal qualifications but who is not a lawyer. The U.S. legal system has a united legal profession, which means that it does not make a distinction between lawyers who plead in court, that is defend a client in a trial, and those who do not.  In England and Wales, “lawyer” is a general term for different types of law-trained persons. It includes practitioners, or people in the profession, such as barristers (lawyers who work in the high courts), solicitors (who deal with all legal matters outside the courts and in lower courts), legal executives and licensed conveyancers (specialists in property law). The word ‘lawyer’ can also refer to people who work in the legal system but do not represent individual clients, such as judges or court clerks.

In Australia, the word “lawyer” is used to refer to both barristers and solicitors but not to people who do not practise the law.

In Canada, the word “lawyer” differs depending on the province. In the common law provinces, it only refers to individuals who have been called to the bar, that is, a legal professional who is qualified to represent a client in a high court. In India, the term “lawyer” is often commonly used, but the official term is ‘advocate’.

What are the types of law ?

The study of law distinguishes between public law and private. This distinction is more important in the Civil Law systems and less fundamental in the Common Law system. However, the distinction between civil law and criminal law is more important to practicing lawyers in common law systems.

What are the branches of public law ?

Public Law is the body of rules that regulate the relations between individuals and the state, or the relations between different entities of the state. The branches of public law are constitutional law, administrative law, criminal law, tax law, public international law.

Constitutional law defines the form of the state, sets out the fundamental principles according to which a state is governed, and defines the relationship between the various branches of government within the state. For example, it determines whether the state is a monarchy or republic. The Constitutional Law includes rules that guarantee and protect the fundamental rights and liberties such the freedom of speech and religion. If any law contradicts with the constitution, the constitution shall prevail over this law.

Administrative Law refers to legal principles governing the administration and regulation of government agencies.  It deals with the functions of public officers and employees and with the organization and functions of the administrative courts.

Tax Law deals with the imposition and collection of taxes, which constitute an essential part of the state revenue. There are many sorts of taxes such as land tax and income tax.

Criminal law deals with crimes—that is, actions con­sidered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Criminal law defines these offences and sets the rules for the arrest the possible trial, and the punishment of offenders.

Public International Law regulates the relations between states. It also deals with the formation and functions of international organizations (UN).

What are the branches of private law ?

Private law determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract. Private law can be divided into several major branches according to the kinds of legal rights and obligations involved. These branches are contract and commercial law, tort law, property law, inheritance law, family law, company law and employment law.

Contract and commercial law deals with the rights and obligations of people who make contracts. A contract is an agreement between two or more persons that can be enforced by law. A wide variety of business activities depend on the use of contracts. A business firm makes contracts both with other firms, such as suppliers and transporters, and with private persons, such as customers and employees.

Tort is a wrong or injury that a person suffers because of someone else’s action. The action may cause bodily harm; damage a person’s property, business, or reputation; or make unauthorized use of a person’s property. The victim may sue the person or persons re­sponsible. The law of tort deals with the rights and obli­gations of the persons involved in such cases.

Property law governs the ownership and use of prop­erty. Property may be real, such as land and buildings, or personal, such as a car and clothing. The law ensures a person’s right to own property. However, the owner must use the property lawfully. People also have the right to sell or lease their property and to buy or rent the property of others. Property law determines the rights and obligations involved in such dealings.

Inheritance law, or succession law, concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws, which list the relatives or other persons who have first rights of inheri­tance. Inheritance law also sets the rules for the making of wills.

Family law determines the legal rights and obliga­tions of husbands and wives and of parents and chil­dren. It covers such matters as marriage, divorce, adop­tion, and child support.

Company law governs the formation and operation of business corporations or companies. It deals mainly with the powers and obligations of management and the rights of shareholders. Company law is often classed together with contract and commercial law as business law.

Employment Law regulates the relations between workers and employers. Such relations are often based on a contract of service. It deals with the formation, the validity of the contract of services. It regulates the obligations of both parties: the employee and employer.

One branch of national law is the law relating to the conflict of laws, otherwise known as private international law. Private international law encompasses all the rules of law conditioning international relations between private persons. Private international law is the area of law that comes into play whenever a court is faced with a question that contains a foreign element, or a foreign connection.

Substantive law and Procedural law are two major categories within the law. Substantive law establishes and regulates the rights, duties and liabilities of individuals. Procedural law establishes the methods, practices and ways in which a court proceeding takes place. Procedural law lays down the means and methods through which substantive law is enforced.

What are the areas of criminal law ?

Criminal law is a body of rules that defines behaviour prohibited by law, because it threatens and harms public safety and welfare. The rules also establish the punishment if criminal acts are committed. The term ‘crime’ is used to refer to acts that are prohibited by the law such as  theft, rape, or murder, but also includes actions such as parking where you are not allowed to park, and ‘white-collar’ crimes such as embezzlement, smuggling, etc. Offences are usually divided into summary offences (less serious offences), also called misdemeanors and indictable offences (more serious crimes) also called felonies. If a person accused of a crime is found guilty, this means that he or she has been ‘convicted’ of the criminal offence and the court will) order appropriate punishment. The most common punishment may be a fine, an imprisonment or community service.

What are the areas of civil law ?  

Civil law is a generic term for non-criminal law. Civil law refers to rules and regulations, which govern transactions and conflicts between individual citizens.  Civil actions are defined as any non-criminal actions and involve private rights and remedies. Some examples of civil actions are breach of contract, divorce, child custody and/or visitation, and real estate matters.  The purpose of a civil proceeding is generally to compensate the wronged party. The main areas of civil law are contract law, tort law, property law and family law.

Contract law deals with agreements between two or more parties, each of which is obligated to fulfill their part of the agreement. For example, two parties enter into an agreement for the lease of an apartment. The Lessor has the right to use the apartment, and the property owner receives rent money as compensation. If one party violates any of the provisions of the contract, he or she has committed a civil wrong known as breach of contract. Generally, contracts may be oral or written. However, there are certain types of contracts that must be put in writing.

Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil wrong, done by one person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured party. There are three categories of torts: negligence, intentional tort, and strict liability. Negligence is a failure to follow the degree of care that a reasonably prudent person would follow in order to avoid foreseeable harm.  A person can be negligent if he or she acts with less care than a reasonable person would use under similar circumstances. An intentional tort is a deliberate wrongdoing in which the defendant acted with intent to cause harm or injury. Some examples of intentional torts include assault and battery, false imprisonment, fraud, invasion of privacy, and intentional infliction of emotional distress. Strict liability is a tort that does not require actual negligence or intent to injure. It is based on an absolute or “strict” duty to ensure something is safe. Strict liability frequently comes into play with hazardous activities. The company that offers an activity to consumers, has an absolute duty to make sure they perform safely. If a consumer is injured, the company is liable for the injury under strict liability.

Property law covers both personal property and real property. Personal property can be tangible, such as jewelry, animals, and merchandise, or intangible such as patents, copyrights, stocks, and bonds. Real property refers to land and anything built on it that   cannot be easily removed, as well as anything under the surface of the land, such as oil and minerals. There are two types of property law torts: trespass and conversion. Trespass to chattels refers to a defendant intentionally and physically interfering with the plaintiff’s right to possession and use of his or her personal property. Trespass to land occurs when a defendant enters a plaintiff’s private property without the plaintiff’s consent. Conversion refers to a defendant depriving a plaintiff of his or her personal property without the plaintiff’s consent, and then using the plaintiff’s property as his own. For example, a lady sees her neighbor planting flowers in her garden, and notices she has five extra containers of flowers with no place to plant them. The lady decides she would like flowers in her garden as well, and takes the leftover containers of flowers without asking for permission from the neighbor. The lady deprived the neighbor of her flowers, planting them instead in her own garden. The lady has committed conversion.

Family law is the branch of civil law that deals with marriage, divorce, annulment, child custody, adoption, birth, child support, and any other issues affecting families. This branch of civil law is unique in that there is not necessarily a person who committed a civil wrong. This is particularly true in states that have no-fault divorces. The family court gets involved with dividing up property and finances after a divorce, establishing child custody, child support, and spousal support among other things.

What is a legal system ?  

A legal system consists of the laws, the courts and the law-making institutions in a country. Each country has its own legal system. Some legal systems are organized on the basis of a written constitution (e.g. the United States), others have constitutional systems not resulting from a single written text (e.g. the United Kingdom).

The legal systems in the world are classified into groups, based on common characteristics and traditions. Two groups of legal systems dominate in the world: the Civil law systems, and the Anglo-American common law systems.

The civil law systems are based on Roman law and on the codes enacted in continental Europe; common law systems are based on English common law;

The civil law systems use codifications as their law-making style, working from general concepts and providing solutions to individual problems. They place more emphasis on statutory law. The Anglo-American legal systems give a broader role to case law and have  developed complex technical instruments to apply, interpret and modify such case  law. In     Most common law systems, great importance is given to the decisions of judges to be followed in later, similar cases (precedents). The decisions of higher courts are binding on lower courts, and much of the law is left to the courts to develop.

What are the sources of law in common and civil law systems ?  

In civil law countries, legislation is the principal source of law. At the top of the hierarchy is the Constitution, followed by codes and other legislation (emanating from the executive or parliamentary branches depending upon the legal system), then executive decrees, and other regulations, followed by local ordinances.  In Civil law countries, statutes provide the core of the law – general principles are systematically exposed in codes and particular statutes complement them. This reliance on codes and laws is a central characteristic of the civil law system. International treaties and conventions are also sources of law in civil law countries. Most civil law countries are “monist” meaning that when a civil law country ratifies a treaty, it automatically becomes part of domestic law. This means that a judge can automatically apply it and a party in court can rely on international law in proceedings. “Doctrine” which is the writing of prominent legal scholars, is considered an important authority in civil law countries. Doctrine is very influential when the law is unsettled.

In common law countries, the Constitution is the highest source of law but is only applicable when there is government action. Statutory law applies to individuals but is inferior to constitutional law. Case law is law made by judges when they rule on the facts of a case. Although case law is technically inferior to statutory law, judges must interpret statutes and the Constitution, so case law can be the most powerful source of law. Statutes complete case law, which later constitutes the core of the law expressed through specific rules applying to specific facts. The final source of law in common law countries is international law, namely treaties and conventions. Most common law countries are “dualist.” In these countries, international law is seen as a separate body of law that only begins to apply domestically when it is converted into domestic legislation by the legislature.

What is the distinctive characteristic of the common law and the civil law systems?

In civil law countries, the law is based on legislation. These are called statutory laws’. The judges and courts make their decisions based on legislative codes. They have to work on the basis of general rules and principles written in a code of laws. By contrast, in the common law system, much of the law is made by judges’ decisions, called precedents.  This means that if a similar case has been resolved by a court in the past, a court is bound to follow the reasoning used in the prior decision. The doctrine of stare decisis (precedent by courts) is the major difference to codified Civil Law systems. Stare Decisis is a principle that requires a lower court judge to follow previously established precedents from a higher court.

The Course is intended for prospective legal professionals whose native language is not English. The Course aims at teaching learners the Legal English vocabulary for application in the justice environment.
The Course focuses on the judicial system as well as practicing both receptive and productive skills.
The Course is designed for 20 teaching hours for the whole training program (e.g. five sessions of four academic hours each).

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