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1. Law courses. A career in law.

The study of law is intellectually stimulating and challenging, and can lead to a variety of interesting careers.

In the UK and the USA, law degree programmes usually take three years to complete. In the UK, these programmes typically include core subjects such as criminal law, contract law, tort law, land law, equity and trusts, administrative law and constitutional law. In addition, students are often required to take courses covering skills such as legal writing and legal research.

There is also a variety of optional (elective) courses available. Since many law students go on to become lawyers, students often take courses that will be useful to them during their future careers. Someone wishing to run a small partnership or to work alone as a sole practitioner in a small town may decide to take subjects such as family law, employment law and housing law. Those wishing to work in a large law practice will consider subjects such as company law, commercial law and litigation and arbitration.

Many universities also offer courses on legal practice. Courses like this give students the opportunity to experience the work of a lawyer before deciding on a career in the law. Another way of finding out more about law in practice is to get involved with a voluntary advice centre or law clinic. These clinics offer free legal assistance to the local community and provide a useful introduction to some of the day-to-day work of a lawyer.

For students wishing to work in a commercial practice, knowledge of foreign languages is essential. When law firms hire new recruits, they generally look at four things: education, personality, work experience and language ability.

Since English is the language of the international legal community, law firms increasingly expect graduates to have a good command of English.

 

3. Contract law. Breach of contract.

Contract law deals with promises which create legal rights. In most legal systems, a contract is formed when one party makes an offer that is accepted by the other party. Some legal systems require more, for example that the parties give each other, or promise to give each other, something of value. In common- law systems, this promise is known as consideration. In those systems, a one-sided promise to do something (e.g. a promise to make a gift) does not lead to the formation of an enforceable contract, as it lacks consideration.

When the contract is negotiated, the offer and acceptance must match each other in order for the contract to be binding. This means that one party must accept exactly what the other party has offered. If the offer and acceptance do not match each other, then the law says that the second party has made a counter-offer (that is, a new offer to the first party which then may be accepted or rejected).

For there to be a valid contract, the parties must agree on the essential terms. These include the price and the subject matter of the contract.

Contracts may be made in writing or by spoken words. If the parties make a contract by spoken words, it is called an oral contract. In some jurisdictions, certain special types of contracts must be in writing or they are not valid (e.g. the sale of land).

Contracts give both parties rights and obligations. Rights are something positive which a party wants to get from a contract (e.g. the right to payment of money). Obligations are something which a party has to do or give up to get those rights (e.g. the obligation to do work).

When a party does not do what it is required to do under a contract, that party is said to have breached the contract. The other party may file a lawsuit against the breaching party for breach of contract. The non-breaching party (sometimes called the injured party) may try to get a court to award damages for the breach. Damages refers to money which the court orders the breaching party to pay to the non-breaching party in compensation. Other remedies include specific performance, where a court orders the breaching party to perform the contract (that is, to do what it promised to do).

A party may want to transfer its rights under a contract to another party. This is called an assignment. When a party assigns (‘gives') its rights under the contract to another party, the assigning party is called the assignor and the party who gets the rights is called the assignee.

 

4. Contract clauses. Contract disputes.

Contract clause is a provision included in a written agreement or contract. A contract clause will address an aspect of the contract between parties, detailing the agreement to ensure all parties understand what is expected of the other.

A dispute occurs when a controversy develops about the interpretation of payment, time or money due either party involved in a contract.  A dispute, when unresolved, may lead to a claim.

A claim is a written demand or assertion by either the government or the contractor seeking as a matter of right, the payment of money, the adjustment or interpretation of contract terms, or other relief arising under, or relating to the contract.

Lawyers are often consulted by clients who need advice in contract disputes.

When meeting with a client to discuss a dispute, a lawyer will generally explain how the law relates to the contract in question. This may mean helping the client to understand technical terms and important legal concepts. It will often be necessary to examine a particular clause, or section of the contract, carefully.

 

5. Tort law. Negligent torts and intentional torts, strict liability.

A tort is a civil wrong that can be remedied by awarding damages (other remedies may also be available). These civil wrongs result in harm to a person or property that forms the basis of a claim by the injured party. The harm can be physical, emotional or financial. Examples of torts include medical negligence, negligent damage to private property and negligent misstatements causing financial loss.

There are many specific torts, such as trespass, assault and negligence. Business torts include fraudulent misrepresentation, interference in contractual relations and unfair business practices.

Torts fall into three general categories: intentional torts (e.g. unfair competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability torts (e.g. liability for making and selling defective products).

Why some wrongs are dealt with by tort law (or the law of torts) and others considered criminal offences is the subject of some debate. However, there are certainly overlaps between tort law and criminal law. For example, a defendant can be liable to compensate for assault and battery in tort and also be punished for the criminal law offence of assault.

Differences between tort law and criminal law include: the parties involved (the state brings an action in crime, a private individual brings an action in tort); the standard of proof (higher in criminal law); and the outcomes (a criminal action may result in a conviction and punishment, whereas an action in tort may result in liability on the part of the defendant and damages awarded to the claimant1).

The primary aims of tort law are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms. The injured person may sue for both an injunction to stop the tortious conduct and for monetary damages.

Depending on the jurisdiction, the damages awarded will be either compensatory or punitive. Compensatory damages are intended, as far as it is possible, to put the victim in the position he or she would have been in had the tort not occurred. Punitive damages are awarded to punish a wrongdoer. As well as compensation for damage to property, damages may also be awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable medical expenses.

 

7. Criminal law vs. Civil law. Crimes vs. Torts.

Criminal taw, sometimes (although rarely) called penal law, involves the prosecution by the state of a person for an act that has been classified as a crime. This contrasts with civil law, which involves private individuals and organisations seeking to resolve legal disputes. Prosecutions are initiated by the state through a prosecutor, while in a civil case the victim brings the suit. Some jurisdictions also allow private criminal prosecutions.

Depending on the offence and the jurisdiction, various punishments are available to the courts to punish an offender. A court may sentence an offender to execution, corporal punishment or loss of liberty (imprisonment or incarceration); suspend the sentence; impose a fine; put the offender under government supervision through parole or probation; or place them on a community service order.

Criminal law commonly proscribes - that is, it prohibits - several categories of offences: offences against the person (e.g. assault), offences against property (e.g. burglary), public-order crimes (e.g. prostitution) and business, or corporate, crimes (e.g. insider dealing).

Most crimes (with the exception of strict liability crimes such as statutory rape1 and certain traffic offences) are characterised by two elements: a criminal act (actus reus) and criminal intent (mens rea). To secure a conviction, prosecutors must prove that both actus reus and mens rea were present when a particular crime was committed.

In criminal cases, the burden of proof is often on the prosecutor to persuade the trier (whether judge or jury) that the accused is guilty beyond a reasonable doubt of every element of the crime charged. If the prosecutor fails to prove this, a verdict of not guilty is rendered. This standard of proof contrasts with civil cases, where the claimant generally needs to show a defendant is liable on the balance of probabilities (more than 50% probable).

In the USA, this is referred to as the preponderance of the evidence.

Some jurisdictions distinguish between felonies (more serious offences, such as rape) and misdemeanours (less serious offences, such as petty theft).

It is also worth noting that the same incident may sometimes lead to both a criminal prosecution and an action in tort.

 

8. White-collar crimes in the 21st century.

I do think that with the growth of technology, however, the opportunities for white-collar crime have increased greatly. For example, a lot of computer crime, which we categorise as white-collar crime, is one such area of increased opportunity. The internationalisation of the economy has led to more opportunities for white-collar crime. Before the federal government changed the sentencing of white-collar criminals, the very strict punishments given for what one would call regular, or street, crime drove many people from street crime to white-collar crime because it gave them more rewards for less risk.

While violent crime frequently has a big impact on the victims of that crime, it is usually fairly limited. White-collar crime, in terms of the number of its victims and the devastating impact on its victims, ranks right up there among even the most heinous, violent street crimes imaginable.

One of the most devastating forms of white-collar crime that I see is fraud on the elderly. It occurs with alarming frequency against our elder citizens, who are often easily taken in by these kinds of scams.

One type of white-collar crime is insider dealing (also known as insider trading). It refers to the act of trading in securities by people who have confidential information about a company’s finances or operations.

 

9. Company Law. Types of company.

Company law is the law which deals with the creation and regulation of business entities. The most common forms of business entity are companies and partnerships.

A company2 is a group of people which is treated as a legal person, with a separate identity from its shareholding members. It can own property, enter into contracts, sue others and be sued. This contrasts with a partnership, which is not considered to be a legal person and is not able to own property in its own name.

Because of the limited liability of the members of a company for its debts, as well as its separate personality and tax treatment, the company has become the most popular form of business entity in most countries in the world.

Companies have an inherent flexibility which can let them grow; there is no legal reason why a company initially formed by a sole proprietor cannot eventually grow to be a publicly listed company, but a partnership will generally have a limited number of partners.

A company has shareholders (those who invest money in it and get shares in return), a board of directors (people who manage the affairs of the company) and creditors (those to whom the company owes money). Company law deals with the relationships between companies and their shareholders, creditors, regulators and third parties.

The process of registering a company is known as company formation.1 Companies can be created by individuals, specialised agents, attorneys or accountants. Today, the majority of companies formed in the UK and the USA are formed electronically. In the UK, a certificate of incorporation is issued once the company’s constitutional documents and statutory forms have been filed.

The constitution of a company consists of two documents. The memorandum of association states the principal object of the company. The second document, the articles of association, regulates the company’s internal management and administrative affairs, including matters such as the rights and obligations of shareholders and directors, conduct of meetings and corporate contracts.

 

12. Real property law. Freehold estates and leaseholds.

Real property can be divided into freehold estates and leaseholds.

Freehold estates are those in which an individual has ownership of land for an indefinite period of time. It is important to note that in property law. the term land refers to real estate (and everything that grows on that real estate), any improvements to the real estate (e.g. buildings) and the right to the minerals underneath the land and the airspace above it. There are generally three types of freehold estate in English-speaking jurisdictions: the fee simple2, the life estate and the estate pur autre vie. A fourth type of freehold estate, the fee tail, is now largely obsolete. The transfer of title in land from one person to another is known as the conveyance.

The most complete, unlimited form of freehold estate is the fee simple, which is inheritable and lasts as long as the owner (or any subsequent heirs) wants to keep it. A life estate is one in which the individual retains possession of the land for the duration of his or her life. Although the ownership of a life estate is technically temporary because it ends when the owner dies, it is treated as complete ownership (fee simple) for the duration of the person’s life. The estate pur autre vie is similar to the life estate, but differs in that it is measured by the life of someone other than the grantee (to whom an interest in the real property is conveyed by a grantor). An example of an estate pur autre vie would be a landowner who wishes to leave property to a charity in her will, but to enjoy tax savings during her life. She could formally donate the property but retain possession during her own life (a life estate) and specify that she wants someone, e.g. her husband, to be able to remain in the property should he outlive her (estate pur autre vie).

In common-law jurisdictions, leasehold interests in land are sometimes classified as personal property, along with tangible property such as goods and chattels. Leaseholds are property interests of limited duration and are generally created through a lease - a contract for exclusive possession in return for which the tenant pays the landlord or landlady a specified rent or compensation. A licence is like a lease, but is generally for a shorter period of time, usually less than 12 months. Furthermore, if there is no exclusive possession of the property (as in a hotel room), then a licence is created, not a lease. A licensee is not granted any title interest in the land, merely permission to enter it for a specific purpose that would otherwise constitute a trespass.

The Statute of Frauds is generally applicable to interests in land, requiring that instruments such as deeds, real-estate sales contracts and certain leases be in writing to be legally enforceable.

 

13. Buying and renting of real property.

By-to-let, the practice of buying a property to rent out to tenants as a source of income, an attractive form of investment for many people.

When discussing the purchase of property the next terms are usually used:

A deposit is the initial payment you make when buying a house.

The rental income is the money received from let properties (the money paid by a tenant to a landlord).

A mortgage is an agreement which allows you to borrow money, especially in order to buy a house or apartment, or the amount of money itself.

The capital appreciation is the increase in the value of an asset.

The purchase price is the amount you must pay for an asset.

Renting of real property is created through a lease - a contract for exclusive possession in return for which the tenant pays the landlord or landlady a specified rent or compensation.

A lease is an instrument which grants temporary possession of a property without conferring ownership.

A licence is an instrument which gives the right to use property for a certain purpose without conferring either possession or ownership.

A tenant is someone who leases or rents property from a landlord.

A landlord is someone who owns property, and rents it out or leases it to others for money.

A licensee is someone who receives permission to enter another person's property temporarily.