cic bahasa inggris (sari kuliah)

8/6/2019 CIC Bahasa Inggris (Sari Kuliah)

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BAHASA INGGRIS

Dosen :

Dr. Sulaeman B. Adiwidjaja, S.H. Dip. Ed.

HOW YOU CAN SOLVE LEGAL PROBLEM

• To answer the question raised in a problem or case, first read it carefully. Be sure

you understand the question. Then analyze the situation, determine the rule of law

involved (terlibat) and reach a decision.

• You will find it helpful to follow these five steps :

1. What are the facts?

Restate in your own words the important facts. Read the problem or case more

slowly and possibly, make a simple diagram showing the various parties and

relationship. You can identify the party who is suing (menuntut) W seeking

relief as the P or plaintijf (penggugat), and his opponent as the D or defendant

(tergugat).

2. What is the dispute point?

3. What rule of law is involved?

Sometimes more than one rule may be involved.

4. How does this rulc apply to the facts?

5. What is the answer or decision?

• In oral reports to the class or in written assignments, your lecturer

may prefer that you use only three of the above steps; in this order :

1. State your answer or decision,

2. Give the rule of law that supports your answer,

3. Explain how the rule of law applies to the facts.

MODALITY (KATA BANTU) FOR THE FORMAL LANGUAGE

I hereby (dengan ini) declare that I was not involved in the case.

The provision you proposed is provided for in the contract herein (di dalam ini).

Badan Eksekutif Mahasiswa Fakultas Hukum UniversitasPadjadjaran 2004-2005Campus in Compact – Bahasa Inggris

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PT. Maju Mandiri is hereinafter (selanjutnya) called the first party.

I have put my initial on every page of the deed hereto (dibubuhkan pada).

I herewith (bersama ini) enclose (melampirkan) the agreement in concern

(bersangkutan).

He can thereby (dengan demikian) be in possession of the house.

Anyone can fmd the objective of the contract therein (di situlah).

The makers of the contract may enjoy their rights thereof (daripadanya).

They have affixed (membubuhkan) their signatures thereto (di situ).

Whereas (mengingat) both parties have agreed to settle the problem in

deliberation they have thereby come to me, the notary public, to make a deed. I know no other way whereby (dengan jalan mana) the case can be settled with

ease and peacefully.

The contract wherein (dalam mana) you can find your rights and obligations, it

must be complied with (tunduk) without default.

CODE ON THE STRUCTURE OF LEGAL SENTENCE

• Code finds that a legislative sentence consists of four parts :

1. The case or circumstances (keadaan) with respect to which or the occasion

(penyebab) on which the sentence is to take effect,

2. The condition, what is to be done to make the sentence operative,

3. The legal subject, the person enabled or commanded to act, and

4. The legal action, that which the subject is enable or commanded to do.

• One of this instances (daiam hal ini) is :

1. (case) "Where there is between any parishes,

2. (condition) if a majority of not less than two-thirds in number and value of the

landowners of such parishes makc application in writing,

3. (legal subject) the title commisioners for England and Wales,

4. (legal action) may deal with any dispute or question concerning such boundaries

(batas-baias)”.

• The same elements may often be found in a business document :


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1. (case) "Upon the determination of the trusts declared in this

deed,

2. (condition) if the members by resolution so decide,

3. (legal subject) the trustees,

5. (legal action) shall distribute the trust fund among the members in equal

share."

NOTE

• The statement of the case or circumstances can commence (dimulai) with when or

where, these words having no references to time or place but meaning "if the

following circumstance exist"; either or these words makes a convenient distinction

(perbedaan) between commencement of the case and the commencement of a

condition; for the latter if (or, to introduce a negative or a time limit, unless or until)

is suitable. Russel recommends that "where" should be used where frequent

recurrences (berulang) of the event are contemplated; “when" if only a single or

rare occurrence is contemplated. Examples: Where an individual executes a deed he

shall either sign or place his mark upon the same and sealing alone shall not be

deemed sufficient.

• When any department of the public service of a state becomes transferred to the

Commonwealth, all officers of the department shall become subject to the control of

the Executive Govemment of the Commonwealth.

• The Indonesia Constitution is thc fundamental, basic law of our country. All other

law in this country must conform to (menyesuaikan diri) the constitution

• The unwritten law was not committed (dimaksukkan) to writing at its origin.

• A trial court (pengadilan tingkat pertama) is a court having original jurisdiction

over a case.

• A court of appeals (pengadilan tingkat banding) is a court in which appeals from a

lower court are decide.

• Procedural law (hukum acara) describes the method of preparing a case for court,

continuing it through the court, bringing the case to a conclusion.

• Subtantive law (hukum materil) is the body of law that states the rights and

obligations of all persons.


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• The statute law (hukum tertulis) is referred to as the ''written law."

• Broadly speaking (pada umumnya), an ordinance is a rule established by authority.

• A case of first impression is a lawsuit (perkara) involving a set of facts that have

that have never before been decided in the jurisdiction involved.

• The formal science of law is called Jurisprudence. Jurisprudence is the philosophy

of law.

• An expert who is skilled in the law is a jurist.

• A lawsuit is a legal proceeding.

• An action is a legal proceeding by one party againts another to enforce a right or

punish a wrong.

• Litigation is the carriying on of a lawsuit.

• A litigation is a party to a lawsuit.

• A moot point is one not settled by judicial decision.

• A moot court is a mock (tiruan) court in which assumed cases are tried for the

purpose of giving law students practice.

• Contigent refers to a thing that is not assured, but dependent on something else.

•A writ (surat perintah) is a formal legal document that orders or prohibits the

performance of some act.

• Pleading (pembelaan) are the formal claims and defences of the parties that are

presented in a lawsuit for the judgement of the court.

• The complaint (pengaduan) is the first pleading on the part of the plaintiff in a civil

action.

• A summons (panggilan) is an official writ containing an order for a dependant to

appear in court.

• The answer is the defendant's reply to the allegations (pernyataan/dugaan) of the

plaintiff.

• A counter claim has its purpose the lessening (mengurangi) or defeating of a

plaintiff demand.

• Vice versa means reversing the order. When we use the term vice versa, we mean in

reverse.


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• The latin affidare means to make an oath. Our word affidavit is derived from this.

An affidavit is a sworn, written declaration that is voluntarily given.

• A person who makes an affidavit is called an affiant.

• Venue (tempat kejadian perkara) relates to the place where a case will be tried.

• The term jurisdiction refers to the power of the court to act upon a given case.

• The latin word meaning may you take is capias.

• A writ directing an officer to arrest a person named therein as a capias.

• A court calendar list cases in the order in which they will be tried.

• A court docket is a digest of court cases and a brief, formal record of court

proceedings.• A motion is an application for a court ruling or order.

• A demurrer is a formal response to a pleading, which admits the allegations to be

true arguendo, but asserts (menegaskan) that no cause of action, or defense, is

stated by the allegations of the pleading.

• A demurrer is an objection to the whole or part of a pleading.

• Interrogatories are a set or series of formal, written questions to be answer under

oath by a witness.

• Verbatim means word for word (kata demi kata). A court reporter makes a verbatim

record of all questions, answer, colloquy (percakapan), and other matter reported.

• Deposition (pernyataan) is an examination before trial.

• A deposition is sometimes referred to as an XBT (examination before trial).

• The words attorney and lawyer are often synonymous. But, attorney general is

"Jaksa Agung". A lawyer may hired by a client to do anything that constitutes the

practice of law.

• The person who begin the lawsuit is called plaintiff.

• In criminal cases, the plaintiff is the government.

• The defendant in a lawsuit is the person against whom the action is brought.

• A judge is an officer to presidea (mengetuai) court.

• The clerk of court (panitera) is an officer of the court who files pertinent paper in

the cases within that court's jurisdiction.


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• The prosecutor (jaksa penuntut) is an appointed officer of the court who represents

the state or the people in criminal cases.

• The aim of a presecutor is to see that justice is done, rather than to convict

(menghukum) any dependant.

• Trial is the examination of the issues in a civil or criminal case by the proper court.

• A material point, raised by the pleadings, about which there is dispute between the

parties is an issue.

• A matter to be decided by the court that is raised by the pleadings is an issue.

• Prima facie means at first sight, on first view, or before further examination. In law

prima facie evidence is adequate to establish a fact or raise a preasumption of facts

unless refuted.

• All items of fact that tend to prove something true or false is evidence.

• Hearsay evidence is the repetition of what a witness has heard other say, as gossip.

• Credible evidence is believable evidence given in a lawsuit.

• Direct evidence is evidence that immediately points to a question in issue.

• Preponderance or evidence (bukti kuat) means evidence that carries the greater

weight, that which has the most validity.• Corroborate means to strengthen when a witness's testimony supports and confirms

prior testimony, it corroborates that evidence.

• Refusation is the act of refusing to let a judge try a cause when he or she is related

to any of the parties or he or she has any personal interest in a matter.

• In law, the word stay means stop, arrest, or forbear.

• To stay an order or decree means to refrain from enforcing it.

•Suppress means put a stop to a thing that is actually existing.

• Suppress means prohibit or put down.

• The court may suppress evidence that has been illegaly secured.

• An oath is a swom declaration necessary to the filling of a public office or of giving

evidence in a court of justice.

• By an oath is a solemn promise made with an appeal to God for the truth of what is

stated or done.


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• Direct examination is the first questioning of a witness by the lawyer who called the

witness on behalf of the lawyer's client.

• Leading questions, which suggest the answer desired, are not allowed on direct

examination, with very few exception.

• Cross examination is the questioning of a witness by opposing counsel after the

direct examination.

• Colloquy is delived from the Latin colloquium, which means a conversation.

Colloquy is discussion between the judge and counsel and apposing counsel during

a deposition or trial.

CRIMINAL LAW

• Criminal law deals with crimes against society or the state.

• A crime is an illegal act of such public importance that the law takes notice of it and

punishes it.

• A crime is public wrong.

• Felonies (kejahatan) and misdemeanors (pelanggaran) are crime.

• Intent is the state of mind with which an act is done.

• Intent means a making up of one's mind.

• It is mens (= mind or intention) rea (= guilty), which indicates a guilty mind.

• A misdemeanor is a rather minor offence.

• Driving 60 miles an hour in one's car in a 40-miles-an-hour zone is misdemeanor.

• A felony is defined as any public offence upon conviction of which the offender

may be sentenced to imprisontment (hukuman penjara) in a penitentiary or a death.

•

Murder, rape, robbery, and arson (pembakaran rumah) are some of the seriouscrimes that are felonies.

• A warrant is a writ or order that authorizes an officer to make an arrest or conduct

the search and/or siezure (penyitaan) of property.

• A bench warrant is an order issued by a Judge or law-court for the arrest of a

person.

• A search warrant is an order signed by a judge allowing the police to search

someone or something.


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• If prisoners are held incommunicado (dilarang berhubungan), they are allowed to

communicate with anyone.

• The Miranda warning provides that an individual taken into custody by law officers

must be warned prior to any questioning that he or she has the right to remain silent,

that anything he or she says can be used against him or her in a court of law, and

that he or she has the right to the presence of the attorney, and that if he or she

cannot afford (memperoleh) a lawyers, one will be apointed prior to any questioning

if he or she so desires.

• When a law enforcement officer induces an otherwise innocent person to commit a

crime in order to have him or her punished, the person accuscd of commiting the

crime may raise the defense of entrapment. Thc two requisites of entrapment are

inducement of a person by a law enforcement officer and admission by the

defendant of having committed the crime.

• A person possessing legal capacity to act for himself or herself is sui juris.

• A person having full social and civil rights is sui juris.

• An individual under legal disability or the power of another or of a guardianship is

non sui juris.

• Mala prohibita are acts punishable becausc they are prohited by law.

• Acts that are against the mores of our society are considered mala in se.

• Mala in se means evils in themselves.

• Murder, arson, rape, incest, and robbery are crimes that are mala in se.

• Incest is a crime that is a mala in se and, therefore, against good morals. Incest is

contra bonos mores.

• A person's manner of working is his or her modus operandi.

• A thing made in imitation of genuine article with intention to defraud is a

counterfeit.

• The term counterfeit is most often applied to criminal imitation of money and

securities.

• Perjury (sumpah palsu), in criminal law, is giving a willfully (sengaja) false

statement under oath.

• The breaking of an oath is perjury.


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• Malice means an intent to do an unlawful act.

• A corrupt intention of the mind is malice.

• Mala fide means in bad faith.

• A male factor is wrongdoer.

• A person who has been convicted of a crime is a male factor.

• Mala praxis means failure of a professional to perform in accordance with the

accepted standard in the area.

• Malicious prosecution refers to proceedings taken and carried on without probable

cause against the defendant.

• Malafesance is the doing of an act that a person ought not to do at all.

• Malafeasance is the commission of an unlawful act, paniculary by a public official.

• Collusion is derived from the Latin com, with, and ludere, to play. Today it means a

secret agreement for a fraudulent or illegal purpose.

• A person who, though absent, helps another to break or escape the law is an

accessory.

• A partner or parteker in guilt in a crime is an accomplice.

•Particeps criminis refers to a participant in a crime.

• Double jeopardy means a second time of danger or peril.

• Double jeopardy is a defense that provides that no person may be tried a second

time for the same offense, once acquitted.

• Ex parte means from ane side only.

• At an ex parte hearing, no one will appear in opposition thereto.

• A threatening gesture, with or without any spoken words, is an assault.

• Any unlawful beating or other wrongful physical violence or contraint inflicted on a

human being without his or her consent is a battery.

• The carrying our of threatened phyical harm or violence is assault and battery.

• Arson is felonious burning of property.

• Homicide is the destroying of the life of a human being by another person.

• Fraticide - frater is Latin for brother. Make a word that means the killing of a

brother. It is fatricide.

• Matricide - mater is Latin for mother.


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• Sororicide - soror is Latin for sister.

• Suicide - The Latin sui means of oneself.

• Uxorcide - uxor means wife.


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THE ESSENTIAL LANGUAGE STRUCTURES FOR ALL PURPOSE

• Man is a thinking creature. The product of thinking is thought. Thought is stable

only if it is supported by language structures. Language as used in speech serves a

function of practical economy in social interaction. Beyond any doubt, structures

are able to control, direct or regulate, manage, shape, and limit the behaviour of

man in the society. Behaviour or conduct is fate. Fate can be improved only if there

is a progress. Progress is always brought about by truth. Truth is nothing but

empirica, observable, and justifiable fact. Fact has come from Latin word facio, that

means two things. They are; has happened and what has been done. Otherwise, it is

a fiction. Facts may be obtained by means of a survey, an observation, a study, an

investigation, or a research designed analytically, descriptively or experimentally.

• The essential language structures are as follow :

1. Chronological order, 10. Analogy,

2. Spatial Order, 11. Prediction,

3. Generalizations and specifics, 12. Definition,

4. Classification, 13. Hypotheses,

5. Comparison and contrast, 14. Proposals,

6. Classification by expansion, 15. Personal opinion,

7. Cause and effect, 16. Refutation,

8. Explanation, 17. Discussion/ debate.

9. Cycles and chain reactions,

• There are four levels of the language use, namely vulgar, spoken, semi-formal, and

formal. In a conferences language is used in a deliberation, negotiation, persuasion,

accomodation, or compromise.


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