E) Court orders and injunctions 


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E) Court orders and injunctions



1. People who cause trouble in a particular place may be legally prevented from going to that place again. This is known as a banning / bankruptcy order.

2. In Britain, if someone is causing someone distress, harm or harassment, the police can apply for an ASDA / ASBO in order to restrict their behaviour.

3. In a civil case, a court may impose a search / hunt order allowing a party to inspect and photocopy or remove a defendant’s documents, especially if the defendant might destroy those documents.

4. A promise given to a court (for example, by a vandal who promises not to damage property again) is known as an undertaker / undertaking.

5. Sometimes a temporary injunction can be imposed on someone until the case goes to court. This is known as a temporary or interlocutory / interim injunction.

6. A restraining / restriction order is a court order which tells a defendant not to do something while the court is still making a decision.

7. If someone applies for an injunction against a person with a mental disability, a third party will be appointed to act for that person. This third party is known as a litigation assistant / friend.

8. A frozen / freezing order or injunction prevents a defendant who has gone abroad from taking all his assets (for example, the money in his bank account) abroad (although he is allowed to take out money for living expenses).

9. If you want to stop a magazine publishing an article about you (or photographs of you) that you do not like, you can apply for a publicity / publication injunction.

10. A person who repeatedly harasses, pesters or hits another person might be given a

non-proliferation / non-molestation order to prevent him / her from continuing to do it.

11. If your partner is trying to get you out of your shared home, or if he / she won't let you back into your home, you can apply for an occupation / occupying order to remain / get back into the home.

12. Housing / Home injunctions might protect you if you live in a council home and your neighbours are annoying and harassing you, or if you are a private tenant being harassed by your landlord.

13. A Common / Public Law injunction can sometimes be applied for if one partner of an unmarried couple is harassing, assaulting or trespassing on the property of the other.

14. Reconstitution / Restitution orders are court orders asking for property to be returned to someone.

15. An order of discharge / disclosure is a court order releasing someone from bankruptcy.

16. Many injunctions have a penal / penalty notice attached, which states that if the injunction is broken, the offender could be sent to prison.

17. Injunctions aimed at preventing violence may carry a power of arrest / arrears clause, which allows the police to take the offender into custody if the injunction is broken.

18. If an injunction is broken, committal / committee proceedings might follow: this is a process in which a court is asked to send the person who has broken the injunction to prison.

F) Contracts, formal letters and other legal documents frequently contain “reference” words that are not often used in other areas of English. These words refer to time, place, result, etc, in connection with the documents they appear in.

Complete sentences 1 – 14 with appropriate words from the box. To help you, each sentence is followed by an explanation in italics of the function of the missing word.

aforementioned hereafter hereby herein hereinafter hereof hereto (x2) heretofore hereunder herewith thereafter therein thereinafter thereinbefore

 

1. We are somewhat confused, as the contract we received named the company as The Sophos Partnership in the first paragraph, but __________ as Sophos Ltd. (listed or mentioned afterwards in the document)

2. Could you explain why the interest rate is quoted as 17% on the final page of the agreement you sent us, but as 15% __________. (listed or mentioned earlier in a document)

3. He was present when the exchange took place, and has been summoned as witness __________. (of this event / fact)

4. For more information, see the documents listed __________. (below this heading or phrase)

5. All parties are expected to comply with the conditions stated __________, unless a formal application is made to do otherwise. (in this document)

6. Final delivery of the merchandise is to be made no later than the dates listed __________. (relating or belonging to this document)

7. The copyright for this book will __________ be in the name of the author, Archibald Thrupp. (from this time on)

8. According to the schedule of payments attached __________, invoices must be submitted at the end of each month. (to this document)

9. You are advised to refer to the previous contract, and the terms and conditions cited __________. (in that document)

10. The accused is to report to his probationer twice a week for the first month, and __________ once a week for the next five months. (after that)

11. The parties __________ acting as trustees are to be consulted regularly. (previously, earlier or before now)

12. Thank you for the prompt despatch of our goods. Please find a cheque enclosed __________. (together with this letter or document)

13. This agreement is made on 1 April 2007 between Blueberry Press (__________ called the PUBLISHER), and Michael Halmsworth (__________ called the AUTHOR). (stated later in this document: the same word should be used to complete both gaps)

14. Mr Harrison has failed to comply with the terms set out in his contract, and we __________ revoke the contract. (as a result or in this way)

15. The __________ company was awarded the contract under certain conditions. (mentioned earlier)

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