tort law. If the suit is valid and the defendant of the case loses the case then in such a case the complainant can be compensated with the damages for the loss which he has faced. The majority of the tort cases are handled with the regional, state civil codes and these laws specify the limits on the damages and the limitation of the tort cases. The tort laws are categorized on three broad classes viz: negligent torts, intentional torts and the strict liability torts.
Negligent torts are the cases which occur due to negligent behavior and the failure to perform any task with due diligence. An example of the negligent tort can be when a person in the course of playing cricket cracks down the glass of the living room of an apartment. The unethical medical practices and any other forms of professional negligence fall under the category of negligent torts.
The second categorization of tort law viz intentional tort is the wrong which have an intentional attempt to harm the other person. Examples of the intentional tort are defamation, fraud and false imprisonment. The strict liability torts are the wrongs specific to the products offered by a company, for example consider the fact if you have purchased a peeler and operated it according to the instructions as give and on operation the peeler has cut down your hand, this is an example of the strict liability tort. The tort law encompasses issues like misbehavior such as noise pollution, etc. In some places the issues which are considered very important these days that is the industrial pollution and the release of toxins are also covered under the tort laws, these cases are referred to as “toxic torts”. These toxic torts are used to file cases against the companies and the industrial units who are not adhering to the emission of pollution levels.
The other kind of tort is the nuisance torts which are quite challenging cases to handle as the word nuisance and its definition varies from person to person. It can be understood from the above definition that the tort law do not necessarily cover the physical damages caused to person but they also cover cases of economic nature for which the opposite party has to pay the compensation based on the damages which had occurred. It also covers issues which have been causing damage to the reputation of the people.
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Comprehension questions
1.What do the majority of the tort cases handle with?
2.What classes are the tort laws divided into?
3.Could you give any examples of tort cases?
4.How can you define the nuisance torts?
5.What jurisdiction does the noise pollution fall under?
Text 3 Law of Trusts trust – доверительная собственность
on behalf of – в интересах кого-либо to require – требовать
beneficiary - лицо, получающее выплаты law of equity – право справедливости profit – польза, выгода
settler – поселенец
merge – поглощать, сливаться
to imply – подразумевать, заключать в себя to owe – быть должным
to oblige – обязывать, принуждать spouse – супруг / супруга
solicitor – адвокат, дающий советы клиенту и выступающий только в судах низшей инстанции
A trust is an agreement whereby property is held and controlled by someone on behalf of someone else. A common example of this is where someone dies and leaves money for grandchildren who are too young to deal with it themselves. The money will be held in the name of trustees — for example, the children's parents. They will be the legal owners of the money and will have the power to invest and
make other decisions about it. But they are required to act only in the interests of 32
the children, known as the beneficiaries of the trust, and they must not make any personal profit.
The concept of a trust is a creation of the law of equity. It is thus unique to common law countries such as the United States and most of the Commonwealth, although many countries, such as Japan have statutes which effectively impose trusts in certain cases. Even though the common law and equitable systems have long been merged, we still talk about the beneficiaries of a trust having ah "equitable" interest in the property, the trustees a "legal" interest. In addition, the original intention of equity still survives: to limit the powers of those who have legal rights but owe special responsibilities to others.
Some trusts are known as express trusts, having been intentionally created by someone with property to transfer (a settlor). The example is an express private trust. Other trusts are implied - the law presumes that the settlor intended to create a trust even though he did not expressly say so. In all of these cases, the person appointed to be a trustee has a choice whether or not to accept the appointment when the trust is created. But some trusts are constructive: the law imposes a trust and obliges the legal owner of property to consider the beneficial interest of another person. A common example of this is when the seller of a house is obliged to give a proportion of the proceeds to a former spouse who once lived there with him. Directors of companies and solicitors are often in the position of a constructive trustee regarding property under their control.
Comprehension questions
1.Could you give any common example of trust case?
2.What law is the trust concept based upon in the United States and most of the Commonwealth?
3.How do you understand the definition “trust”?
4.What is the original intention of equity?
5.What are the constructive trusts?
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Text 4 Probate
probate - наследство
to encompass - окружать decease – смерть, кончина
estate assets – недвижимое имущество (активы) in accordance with – в соответствии с
jewelry – драгоценности decedent – покойный (сущ.)
valid – действительный, имеющий силу retirement accounts – пенсионные счета inheritance - наследство
beneficiary человек, владеющий документами на собственность tax - налог
fee – плата, гонорар
Probate law encompasses the legal rules that govern the accounting and distribution of a deceased person’s assets. In most jurisdictions, a court supervises the process of probate, and an executor or personal representative handles the details of the estate. Usually, an executor is responsible for ensuring that creditors and taxes are paid. In addition, the executor handles distributing estate assets to beneficiaries in accordance with the terms of the will and applicable probate law. If the deceased does not have any assets, probate is unnecessary.
Probate law generally applies in cases where a person has died testate, meaning that he or she has left behind a will. When someone dies testate, a probate court determines whether or not the will is valid. During this process, heirs and beneficiaries may object to the validity of the will. For example, a beneficiary may claim that the deceased was improperly influenced when making the will or that the will was forged.
Even when a deceased person dies intestate, meaning he or she has not left a
will, the estate is usually subject to probate. In this case, a court may appoint a 34
personal representative to oversee the distribution of the estate. According to probate law, the estate generally includes any property belonging to the deceased person at the time of his or her death – from retirement accounts and investments to real property, jewelry, and furniture.
During probate, a listing of the decedent’s assets is usually made. The executor or personal representative is generally charged with ensuring all assets are accounted for. For instance, the executor usually documents whether estate assets were used to pay off a creditor or whether they were given to an heir.
Probate can be a long and complex process, and the services of a probate lawyer are often required. Probate lawyers usually receive a percentage of the estate assets for their services. In general, probate documents are public records. As a result, members of the public can determine how much a deceased person’s estate is worth as well as who the estate beneficiaries are.
Under probate law in most jurisdictions, assets held in a trust are not required to go through probate because they generally belong to the trust rather than to the trustor. Once the trustor dies, the trustee is usually tasked with distributing the trust property to the trust beneficiaries. This is typically done without court supervision and can be a way to avoid paying certain inheritance taxes or probate court fees.
Comprehension Questions
1.What legal aspects does the law of the probate concern?
2.Does a court supervise the process of probate?
3.What happens when the deceased left no devise?
4.Why are the services of a probate lawyer often required?
Text 5 Family Law
Litigant - истец или ответчик
Vast - большое количество
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