English For Polish Lawyers Ocr
English For Polish Lawyers Ocr
English For Polish Lawyers Ocr
English
for Polish
Lawyers
Graiyna Blaszczyk • Violetta Ptasinska
English
for Polish
Lawyers
[! I
~
WVDAwnlCTWD ZRZESZEnlA
AwnlKOW POLSKICH
zo 'ft;sr>Z8wa - 2009
© Copyrigh~ by Centrum lnformacji Prawno-Finansowej Sp. z 0.0.,
Wydawmctwo Zrzeszenia Prawnik6w Polskich - ZO Warszawa
Warszawa 2009 r. '
ISBN 978-83-87218-43-0
2. Elements of L _" 0
0
12. Bibliography
The exercises provided in each chapter are meant mainly to teach learners
techniques used in ILEC and TOLES examination papers. The answers
provided in the key do not include answers to the glossary or translation
exercises as they arc supposed to develop self-work.
The authors would like to draw the readers ' attention to the fact that the
handbook is based on British English and only presents legal issues as
a source of linguistic, not legal knowledge.
ustawa -
ratyfikowane umowy mi~dzynarodowe -
post~powanie karne -
prawo wsp61notowe -
lamanie prawa -
sprawa karna -
oskarzac w s'ldzie -
upowainienie/umocowanie -
akt notarialny -
sporz'ldzac kontrakt -
poswiadczenie -
dokumenty urz~dowe -
osoba zaufania publicznego -
sprawy opiekuncze -
A judge
Judges are officials who preside over a court and decide cases. They settle
disputes and administer justice un behalf of the state. 111ey exercise their
power independently, which means that they are excluSively subject to:
a. the Constitution,
b. the laws (statutes/acts),
c. ratified international agreements,
d. the Community Law.
A (public) prosecutor
Advocates and legal advisers advise people who are involved in disputes
and represent them in court. They provide legal aid to legal subjects, i.e.
natural and legal persons, providing legal advice, drafting legal opinions,
etc. Based on a power of attorney, they act in courts and administrative
organisations on behalf of their clients. The main difference between
advocates and legal advisers is that advocates can perform the full range
of legal services, while legal advisers are prohibited from providing legal
services involving family, guardianship or criminal cases. Legal advisers
mainly deal with business and public administration cases and often work
as in-house counsels. Bars of Advocates and Bars of Legal Advisers are
independent, self-governing organisations uniting the members of the
above professions.
A notary (public)
1. You have some problems with land which you have just inherited.
2. You want to transfer property rights to your sister.
3. You are not satisfied with a ruling of a court in a criminal case and
you want to appeal.
4. Your house has been burgled.
5. Your company has some problems with a merger.
III. Match the words to make collocations. Translate them into Polish.
3. In criminal cases, the police ... ... . .. proceedings together with the
prosecutor.
a. implement b. provide c. conduct
to prepare a document -
...............................................................
'"
a person of public trust
....... . .. . . . ..... .. .......... . ..... ..... .. . ... .. .........
. ......... .
.......... . ..... . . . . ......... .. .......... . ......... .
...............................................................
1 1
2. Adwokaei s,! zrzeszeni w niezaleznyeh izbaeh adwokaekieh .
.. .... ... ... .... ..... . .... .. ........ .. . .. .... . .. ... . .... ...... .
. . ... .. ... ... .. .. ... ... ...... ... . .. .. . . . ...... ... . , . .......... .
... ....... . .. .. ..... .. ........ .. .... ........ .. ... . .. .... . .. .. ..
3. JeSli niemoiliwe jest rozstrzygni((cie sporu pozas'!dowo, strony mog,!
bye reprezentowane w s,!dzie przez adwokatow.
· ...... '" ...... . ........... " . .. " .. ...... .. ... .. ... . '" ..... .
.. ...
" " ..................................................... .
4. Wymierzanie sprawiedliwosci nalezy do s'!dow, ktore sprawuj,! t((
funkej(( w imieniu panstwa.
· ......... ... " .......................... . ...... ........ .... .
"
XI. Work in pairs. Tell your partner about your professional plans.
zawrzec umow~ -
strona umowy -
kodeks cywilny -
wyrazic zgod~ -
zachowanie -
s~dzia -
prokurator -
swiadek -
skladac zeznania -
niewinnosc -
The basic element of culture is the ability to use signs, especially word signs
- spoken or written. However, there are also other signs, e.g. someone
ties a knot to rerriember to pay a telephone bill or the commander
of a squad shoots a signal flare to give the sign to start a battle. In each
of these situations man caused a certain state of affairs triggering a set
of phenomena or rules following it.
1 '2
Lawyers in their work also deal with signs and not only word signs.
When a contract is concluded there should be acceptance of both
contracting parties. Although such a statement of acceptance is usually
made by using word signs, according to art. 60 of the Polish Civil Code,
if there is no objection, the party may express its acceptance by its
conduct, e.g. by nodding the head, which according to our customs means
consent. If a passenger takes a seat on a bus after he has paid the fare
it means that he has entered into a contract with the transport company
and accepted the terms and conditions of the contract. In special situations
the passive conduct of one party can mean a lack of acceptance, e.g.
if one party does not respond to the offer. A lawyer should be familiar
with the signs used by a given community. The whole collection of word
signs creates a language. Generally languages differ from one another
by their vocabulary and syntax. While talking about the vocabulary
of a given language, we should remember that an important part of it
are idioms - complex expressions with a meaning different from the one
that separate words would suggest. A judge or a prosecutor working with
a special group of people should know idioms. Otherwise, there can be
misunderstandings while a witness gives evidence. There is also a special
kind of language used by the people of the same professional jargon.
An example of it is the "legal language". The purpose of this book is
to make you familiar with it.
Exercises
1. People always tie knots when they want to remember about some-
thing.
2. When parties accept the contract they always shake their heads.
3. According to the Polish Civil Code the contracting parties may accept
the conditions of the contract by way of special behaviour.
4. An example of a contract is when a passenger buys a ticket and a bus
takes him to his destination.
5. Idioms are expressions used by people belonging to the same profes-
sional group.
II. Match the words from the text with their meanings.
15
Transform the following sentences:
1. Although the witness took an oath to tell the truth, the jury did not
believe him.
In spite of the fact that ................. '....................... .
............................................................ .
.... ..... ....... .............................. .. ............ .
2. In spite of the fact that the judge was convinced of the criminal's
innocence, he hesitated whether he could acquit him.
Although the judge ......................... ... ... .. .......... .
4. Despite the fact that the court ordered him to stop distributing the
product in Poland, Mr Kowalski continued to do so.
Despite the court's ...... .... .............. ............... ..... .
............................................................ .
5. Although the judge knew the thieves' jargon, he had problems with
understanding the witnesses' testimonies.
In spite of the fact ............................................ .
..................................... ..... .... .............. .
.................................. ......................... ,.
Noun Verb
1. testimony
2............ . conclude
3 .. . ......... . prosecute
16
4. objection
::> . acceptance
V. Translate.
17
3. Division of the Law
Taking into consideration different factors, the law is divided into sections
or branches. One of the oldest classifications is:
1. public law, and
2. private law.
The former regulates legal relations between autonomous subjects entitled
to their own, legally protected areas of proprietary and non-proprietary
interests, the latter refers to legal relations in which at least one of the
parties is a state body, self-governing territorial body or other organisation
appointed by operation of law.
Within both of the sets, there are branches of the law, which are coherent
and organised compilations of legal norms regulating vast categories
of legal relations. On the basis of the method of regulation, the law
is divided into the following main branches:
• civil law,
• criminal (penal) law,
• administrative law.
CIVIL LAW
skodyfikowany -
prawo stanowione -
zr6dl:a prawa -
kodeks cywilny -
prawo wlasnosci intelektualnej -
prawo zobowi<!zan -
prawo spadkowe -
swoboda umow -
dobra wiara-
dobra osobiste -
Civil law is the branch of the law, based on the Corpus Juris Civilis,
which governs the relations beh..'een private individuals, their rights
and obligations towards each other and regulates the law directed
at property. Since the 19th century, it has become statutory law and since
1965 it has been codified. The basic source of civil law in Poland is the
Civil Code, which is its systematic compilation. It consists of four Books
divided into Sections, which are in turn sub-divided into Chapters, some
of which are split into Divisions.
1. general part - referring to the principles which are common for the
entire civil law,
2. property law - containing legal norms of absolute (effective for
everybody, nature connected with o"''Ilership, possession and other
things,
19
3. law of obligations (contract law) - regulating the forms of the
exchange of goods and services between the subjects of civil law,
4. law of succession/inheritance - presenting the legal norms referring
to the transfer of the decedent ' s property to. other legal subjects.
• protection of property,
• freedom of contract,
• lex retro non agit,
• protection of good faith,
• protection of personal goods and chattels.
1. True or false?
Civil Code-
statutory law -
commercial law -
decedent -
inheritance -
20
III. Complete the chart.
decedent
refer -
IV. In the text below, find the English equivalents of the words
or expressions:
rozporzqdzenie -
organ -
stan nadZ\vyczajny I wojenny I wyjqtkowy -
ustawodawca -
uchwala -
prawo do glosowania -
akty wykonawcze -
ogloszenie ustawy (two expressions) -
zawrzec umow« -
traktat -
porozumienie -
karta -
zgodnie z konstytucjq -
strona (umowy) -
Dziennik Ustaw -
The sources of civil law are set forth in the Constitution, in the
hierarchical order:
• the Constitution,
• the laws (statutes, acts),
• ratified international agreements,
• regulations.
Statutes are the next source of the law. They may be passed independen-
tly, i.e. always when the legislator considers it necessary, provided they
do not breach the Constitution. A bill may be proposed by:
1. the President of the Republic of Poland,
2. the Council of Ministers, acting by way of a resolution,
3. the Senate, acting by way of a resolution,
4. at least 15 members of Seym, acting by way of a resolution
passed by a Seym committee, and finally
5. the citizens, having full voting rights to the Seym, acting in a group
of at least 100,000 people.
A bill is filed with the Seym in writing, supported by a justification and
the drafts of the necessary executive legislation. After all necessary pro-
ceedings, a law is Signed by the President, who orders its promulgation.
22
charter, declaration, contract, statute, etc. The name does not depend
on the content of the agreement and may be chosen deliberately by
the parties. Under the Constitution, international agreements to wh ich the
Republic of Poland is a party, constitute a part of the domestic legal order
and are applied directly provided that they are promulgated (published)
in the Journal of Laws and they do not stipulate that their effectiveness
will be dependent on an enactment of a law.
3....... '" ... of contract belongs to the principles that guide civil law.
a. library b. litigation c. freedom
VIII. Find the synonyms. Choose from among the words given below.
IX. In the above texts, there are some sentences containing "provided
(that)", e.g.: International agreements are applied directly provided
(that) they are published in the Journal of Laws.
1. All citizens have the right to vote if they are of age. (provided)
.. .............................................................
.......... .......... . ... ... ..... .... . ...... . .................. .
25
2. Statues may be passed independently unless they breach the
Constitution. (subject to a condition)
26
XL Translate the following articles of the Constitution into Polish.
C~mpare with the original text in the Constitution .
· .................................... , ........................ .
· ............................................................. .
· .................................... , ........................ .
· ....... ..................................................... ,
,
28
XlII. Topics for discussion:
przedsi~biorca -
przedsi~biorstwo -
osoba fizyczna -
osoba prawna -
jednostki organizacyjne nieb~d,!ce osobami prawnymi -
zdolnosc prawna -
we wlasnym imieniu -
sp6lka cywilna -
dzialalnosc gospodarcza -
ewidencja dzialalnoSci gospodarczej -
30
_ entrepreneurs within the scope of their economic activities. This
.: c - nition applies to relationships under public law.
"'::' rrepreneurs conduct their activity under a business name, which must
registered in:
• the National Court Register, in the case of enterprises, or
• the register of economic activities, in the case of natural persons
who conduct economic activity individually or jointly, and partners in
partnerships.
According to the Act mentioned above and the Civil Code, economic
activity is a permanent, profit-making, productive or professional activity
characterised by an organised structure, infrastructure as well as general
principles of operation while an enterprise is defined as an organised set
of tangible and intangible components necessary to conduct economic
activity.
32
fl. Below there is a short definition of a holding company
. 'ded by the online Britannica Encyclopaedia. Complete the
using the following words: stock exercise solely enga-
o'wns holding
The legalisational function is determined ............ (6) the fact that all
registration requirements must be met before a given entity is allowed
to perform its legal activity. Only ............ (7) the registration, the entity
is provided ............ (8) legal personality.
IV. For each group of the words find a verb or a verb followed
by a preposition which makes collocations with each of the nouns /
phrases, e.g. do business / a favour / protocol.
V. Read the text below. Some of the words are missing. Complete the
text with the words that fit best. Use only one word for one gap.
The term "entrepreneur" has a French origin and was first introduced
by an Irish economist Richard Cantillon. He defines an entrepreneur as
a person who operates a new ....... ................ ..... or venture and
assumes some accountability for the inherent ............................ '
Nowadays, an entrepreneur is ............................ to as a person
who ............................ the risks involved to undertake a business
............................. Entrepreneurs often set up a business on their
............................ and in this context they are called "founders"
or "promoters". In general, the term applies to ........................... .
people who ............................ value by offering a product
............................ to obtain profits, accepting a high level risk
to pursue market ............................. To become successful,
entrepreneurs must effectively use labour, capital and natural resources.
=no Below you can find excerpts from the Act of 2 July 2004 on
- eedom of economic activity. Translate them into Polish.
1. Article l. The Act sets forth the principles for undertaking, conducting
and terminating economic activities within the territory of the Repub-
Uc of Poland and responsibilities of public administration authorities in
this area.
.............................................................. .
...... ..... ........ .... ..... . .. ......... .. ..... ........ . ..... . .
· .. .. .. ... . - - ........ ...................... .. ........... ... ...... .
· ......... ............... ..... ..... .. . ...... ...... ... .... ... .... .. .. .
35
4. Article 18. Entrepreneurs shall meet all requirements related
to economic activity set forth in legal provisions, and in particular
requirements related to the protection of life, human health and public
morality, as well as protection of the environment.
':u:::
"'\:-."".......,. _~ ,,-a
handlowego obslugiwane bt;dC! przez Krajowy Rejestr
~ a o50by fizyezne - przez ewidenej~ w gminaeh.
----_. _ _ ....... . .. . .. . . ................................................................................... ..
------_ . . . . . . . . . . .......................................................................................... .
--_....... ............ ...... . ..... . . . ............................................................................. .
--... .......... . .... .......... . ........................................ ...... ..................................... . .
.. .. .. .. .. . . . . . . . . .. .. . . . .. . . .. . . . . . . .. . . . . . . . . .. . .. . .. .. . .. .. . . .. . . . . . . . .. . . . .
.. . . . . . . . . .. . .. . . .. . . . .. . . .. .. .. .. .. .. .. .. . .. . . .. . .. .. . .. .. . . .. . .. .. . . .. .. . .. . .. . .. .. . .. .. .
........ .... . . ...... .... .... .... . . .... .. . ........ ...... . .. .... ...... .... . ...... ....
. .. .... . .. ...... . . .. . . .... . .
..... . ..... . ... ... .. .. . . .. .... . .. ... ... .. ' " .................. .
· ........................... ................................ . "
'20
Contracts
strona umowy -
zawrzec umow~ -
wykladnia prawa -
powolac si~ na cos -
postanowienie (umowy) -
naruszyc umow~ -
uzupelnjaj~ca rala norm -
nabywca -
sprzedawca -
umowa nazwana -
umowa 0 dzielo -
umowa zlecenia -
akt notarialny _
podstt;p -
39
pozornosc -
egzekucja majqtkowa-
Most of us enter into contracts every day. When we buy bread, when
we buy a ticket and use public transport. A contract is a basic tool
regulating the transfer of goods, services and money. It is concluded when
two or more parties consensually express the will to enter into it. If there
is no consensus, there is dissensus and the contract is not concluded.
A contract is an independent and integral whole, which creates legal
relations between parties. The consensual declarations of the parties
take place when we can undoubtfully state that they have the same thing
in mind. The Civil Code provides the interpretation principles. According
to them, consensus is not always equal to the consensual will of the parties.
It is possible that after concluding the contract one of the parties can refer
to the defects in a declaration of will in order to avoid stipulated penalty
for breaking the contract.
40
e statutory limitations
1. Consensus and dissensus between parties are two factors that make
a contract invalid.
2. While concluding a contract it is essential to define the legal
consequences of breaking the contract.
3. Appearance, error and deceit are the only circumstances that make
a contract unenforceable.
II. Insert the missing prepositions: from, to, into, in, between, on, of
(hvo of them should be used hVice).
a notary deed.
7. claims arise ........................ breach of a contract.
42
~u~. ~."'"" sentences into informal ones using the words
Each party shall be bound by the terms of this agreement (has to,
-ollow).
. . . . . . . . . . . . . . . .. .. . . . . . . . ... .. . . . . . . . . . . . . . . . .. . . . . .. . . ... . . .
43
5. therewith .... . el resulting from this document
6. hereby ....... . fI mentioned later in this document
7. hereunder ... . gl in that document.
8. hereinafter ... . hi mentioned in the same section of this document
9. whereas ...... . if following that document
10. whereon .... . jl together with that document
Types of contracts
Because of the fact that contracts are widely used in the modern world
there was a necessity to systemise them. A nominate contract is a kind
of agreement that can belong to a certain type of contract and the
provisions of civil law regulate it. Such contracts are purchase and sale
contracts, personal service contracts, specific task contracts.
Another kind of contract is an innominate contract which is a document
created by two parties in which the solutions are so different from the
typical ones that they cannot be assigned to any type of contracts.
A mixed contract contains the elements of a nominate contract and some
new original ones.
Ways of concluding a contract
~
auction and tender
negotiations
offer / acceptance
d b the consensual declaration of will
Although ~ontracts are .ma e :a in ractice there are specific ways
of the partles expressed hlll an~ ~d a:ceptance, negotiations, auction
of concluding them, suc as 0 er
and tender.
44
'. -e cannot treat as offers proposals
"0 enter into a contract but they are nm - ITi1 -
• a:: o':=er
,
lit
an invitation to conclude a contract ..- - . e offeror (the
Civil Code) which means that the offeree - - . . .ding a contract
by its acceptance. The time when the con inding depends
on the receiver of the offer. If it is an incmi - - e, it is binding
u
from the moment he/she had access to the 0=;:: .:. study its content
the Civil Code). If the offer is addressed·o - t=:..:i::r.:I~';:ed receiver then
it is binding from the moment of its announc_
They take place when there is a mutual i.n.&..?":e • --= parties on each
other in order to conclude a contract. In the - .......-se : :legotiations, they
exchange information about the circumstances --- could influence
their decisions concerning concluding the co::uac -:"ey evaluate each
other's services or products and progressin= y - _ ulate a contract.
It is also more and more common in our country·o :-:ite letters of intent
which express the willingness to conclude a negc ~ contract.
The third way to make a contract is an auction or tender, the aim of which
is to enable the party interested in entering into a contract to choose the
most profitable offer.
capacity -
legitimate -
agreement -
qualify -
reasonable -
Rejecting a suggestion:
I am afraid I cannot accept it.
Sorry we cannot go along with it.
That would be difficult for us.
That's out of the question.
expressions and role play with a partner.
tudent B
'our client sell trucks that Mr. X is interested in. The price of one
~ck is PLN 60,000 \-vith 10% discount if you pay in cash . They can
be delivered within one month the earliest.
47
§3. The Purchaser declares that he is aware of the technical condition
of the vehicle defined in § 1 of this Contract and makes no claims,
either now or in the future, with respect to this vehicle.
§4. The Parties set the price of the vehicle (together with its fixtures
and fittings) defined in the Contract at PLN 300,000 (in words three
hundred thousand Polish zlotys).
§s. This Contract has been drawn up in two copies in a Polish language
version and two copies in an English language version with one copy
in each language version for each Party. In the event of discrepancies
between the Polish and English language versions, the Polish version
shall be binding.
1. umowa zawarta
......... .. . .. ... .. ..... ... ...... .. .............. ....... .... ...
2. umowa sporz'!dzona
..................... .. .......... . . . ................. ...
....... .
3. sprzedaj'lcy
..... .............. . .............
...... . ....... . ............. . .
4. kupuj'lcy
........ ...
....................... . .... .... . .. .. ....... .. .
5. przedmiot umowy
............................................. . .......... .
48
9. zglaszac roszczenia
.. . ....... . .. .... . . .
. ........... . ............ . . . .... .... ...... . .. . . ............ . ........ .
.................................................................................. .............................. .
..................................................................................................... ........ .
XI. Have you ever entered into a written contract? What issues should
you include in a lease contract (when you rent a flat)?
XII. What are the elements of a binding contract under Polish law?
50
6. Employment (Labour
zwi,!zki zawodowe -
umowa na czas nieokrdlony -
umowa na czas okrdlony -
kodeks pracy -
data rozpoczt;cia (pracy) -
pelnic obowi'}zki -
nalezyta starannosc -
przestrzegac/stosowac sit; -
obowi'}zek poufnosci -
wynagrodzenie -
52
Under the Labour Code, all in ';i - equal rights arising from
the performance of the same du .es.
8. a) monetary c) currency
b) money d) price
9. a) Employment c) Employed
b) Unemployment d) Unemployed
II. Read the text below and think of the word that best fits each space.
Use only one word in each space.
"An employment contract is concluded in (1) ..... ......... ..... .... and
should be signed no later than on the day the employee starts work-
ing. If no contract is (2) .......................) then the employee should
be provided with a written confirmation of the contract conditions on the
day he starts work at the latest. Any changes in (3) ...................... .
contract conditions should also be made in writing. The employer
hould include additional ccnain
engagement 4 ) ....................... ontract.
The labour (5) ....................... prmi ions e 6, ...................... .
the regulations that hould be included in the employmen ontract
and in the additional written information."
III. Read the following contract clause. The mis ing , ords are in the
list below. For each gap choose the word which best fits in the space
from the options provided. Use each option only once.
dismissal, disciplinary, minor, suspend, duty
Disciplinary procedure
Where the Employer believes that the Employee has acted in an unfit
way in the course of carrying out their (l) ......................., or the
Employee brings the Employers business into di repute, the Employee
will face a (2) ........ .. .... . .... .... inquiry.
Retrievedfrom: http://wWw.bizhelp24.com
Hours of work
The Employee's working week will consist (1) ........ 40 hours, from
Monday to Friday and from 9 am to 6 pm. There is a I-hour lunch break:
timing to be agreed (2) ........ immediate supervisor.
From time to time, the Employee may be asked 'to work (3) ........ of
the contracted hours. An hourly rate of 1.5 times the normal hourly rate
will be paid.
Holiday entitlement
The Employee is entitled (4) ........ 4 weeks (20 days) paid holiday per
annum. At the end of 5 years service an extra days holiday entitlement
is given - followed by a further I-day holiday entitlement (5) ........
each of the next 4 years service: bringing maximum holiday entitlement
to 5 weeks (25 days).
4. a) off b ) of c) to d) with
5. a) at b) of c) with d) to
56
· from an employment contract. Some
VI. Read the followmg extract lined. Explain the meaning of these
of the words or phrases are under d· plaID· English
v . one 'or m
underlined words or phrases. J.OU can
or a short explanation.
Duration of Contract .
1 yment with the Emplo' ~ der this Contract 1 com-
Your emp 0
menced on 1 October 20., and shaJ -ontinue, ubject 0 your te~s
and conditions of employment, un · the earlier of the comple~on
of the XYZ Project or 31 March 20., being the end of a fixed penod
of 6 months or unless your employment is terminated earlier in accor-
dance with clause 14.
(4) ........................................................... .
Garden leave
The employee may be provided with a notice from the employer and
be ordered to serve out the notice period at home. This practice is called
'garden leave' and is frequently applied to prevent employees, who have
a certain status and access to confidential information or customers, from
working as competitors for a period of time. During the gardening leave
period the employee's access to such information or customers is either
restricted or denied. The employee is entitled to normal pay during garden
leave .
. ... . . . ..... . .. ... ... . . .. . . . . , ., ........ , ............. , ....... .
.... .. . ... .. ... ... ... .. ... .. ... . ... . . . . . . . .. .. ... . .... .. . . . .. ..
.. ...................
" .................................... .
'"
...... ..... . .. ... ..... ...... .. .. . . . .. . . .......... ... '" '" '" " "
.... . .... ' " ....................... ...... ' " ..... " " ...... " "
..................... " ....... ..... .... '"..... " " " " " '" '"
........... ' " ' " .......................... ' " . '" " .......... .
.. .. " ...... " .................... " '" " .............. ..... .. .
58
rIll. Translate into English.
source: Gazeta Prawna 165, 2007 of 2- Augu.st 2007 ft·,· 6)
.......... ' " ......... " .. ... " " .. ...... .. ....... . .... .
'" " "
.. . . . " " . . ........ " . " . . " . "" . ' " ..... . ..... " .. ' " , .. .
'" "
... . . . . . .. . .. .. .. .. . .. .. ' " . ... ... " " ' " . .. .. . ' " . . " " . .
" ' "
... . . .. .. . ' " . ... . " ... .. .. . . .. .. . " . . . ... . ' " . .. ... . ." '" " "
.. . . . .. . . . ... . . .. . .. ' " ' " .. " . '" " ... . ' " .. . ... . '" ...... . '"
. . . . ... . . .. . .. . . .. " . " . . ' " " . . ... " .. . .... . ... .
'" " " '" " "
. .. . . .. . . . .. . . .. . ' " ' " ....... . . .. . . ' " ' " . ' " " . " ' " ..
" " ' "
. ' " " ' " .... . . ' " ... .. .... .. . ' " " . . " . . ' " .. . .. . .. . . .. . " " "
. . .. . . . ' " . " " . . ' " ' " ' " . . . . .. .. ... . . . . ... . . . . . ... . .. .
" " '"
60
7. Intellectual Property Law
wlasnosc intelektualna -
wlasnosc przemyslowa -
prawo autorskie -
prawa pokrewne -
dzielo literackie -
patent -
znak handlowy -
wzor przemyslowy -
firma, nazwa handlowa -
wzor uzytkowy -
oznaczenie geograficzne -
zwalczanie nieuczciwej konkurencji -
rzemioslo artystyczne, sztuka stosowana -
rzemioslo -
przyznac prawo -
zloiyc podanie -
Swiatowa Organizacja Wlasnoki Intelektualnej -
chroniona nazwa pochodzenia -
chronione oznaczenie geograficzne -
Due to the intensive economic growth in the 19th century, there appeared
a need to establish international rules of the exchange of goods and
services. They were:
The next stage in the process of forming a unified jurisdiction within this
scope was the foundation in 1967 of the World Intellectual Property
Organisation (WIPO), which is an agency of the United Nations
Organisation (UNO). WIPO's headquarters are in Geneva, Switzerland.
In Poland, all rights resulting from IP law are granted by the Patent Office
of the Republic of Poland (or Polish Patent Office - PPO), established
in 1918.
64
@ 44
II. Below you can see an excerpt from the Paris Convention of 1883,
article 4bis, Patents: Independence of Patents Obtained for the Same
Invention in Different Countries. Some words are missing. Complete
the text using the words or phrases from the list below:
(5) ........................................................... .
66
IV. Complete the missing prepositions in the home page information
on the activity and the establishment of the PPO.
Basic tasks of the Polish Patent Office ............ regard ..... .... . .. the
granting proceedings and maintenance of legal protection are performed
according ............:
1. Patent offices grant patents to inventors provided they meet all necessary
requirements.
2. The patent holder must express his or her consent for the production
or distribution of the invention.
VI. Along with a proper style, legal vocabulary is needed to make your
writing professional. Rewrite the sentences using more formal style
and legal language. Use the passive voice as often as possible.
. . .. . . ... . ... ..... .. .... ... ... .. ... .... .... .... .. . . . .. .. . . . .. ..
2. An invention can be patented if it has some required features .
. . .. . .. . .... ..... .... .. .. .. . . ... .. .... . ..... .. .. .. . . . . .. . . . . .. .
. .. .. ... . .. .. .... .. .. .. ... .. . ... .. . . .. ...... ..... .. .. . .... .
" "
68
3_ Because people trade a lot they Deed orne
.............. .. ...... e .................. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
VII. The following excerpt comes from the page of the UK Intellectual
Property Office (http://www.iPo_gov.ukIcrime/crime-whatis.htm) and
deals with IP crimes. Translate it into Polish. Use a good dictionary.
URZ4D PATENTOWY
RZECZYPOSPOLITEJ POLSKIEJ
00-950 WARSZAWA,
al. NiepodlegloSci 188/192
skr. poczt. 203
70
PODA~·IE
o udzielenie prawa z rejestracji na oznacz:enie geograficzne
................... .. .......................................................
............................................................................
4. Dokument pelnomocnictwa
...............................................................
. .. . .. . . . .... . ............ .................................. .
, ,
s~dy powszeehne _
s,!d rejonowy _
s,!d okr~gowy _
s,!d gospodarczy _
s,!d grodzki -
s,!d ds. maloletnich _
drobne przestt;pstwa _
zasada instancyjnosci -
kadencja wygasa-
In the common courts system the lowest in:-a.:: ;:;e court is a district court
which handles criminal, civil, family, land an . ?roperty, labour, social
security and commercial cases. Unlike in the _.:..nglo-Saxon system, civil
and criminal cases are tried in the same COUfi- ut there are only separate
divisions. In most district courts there are m -.:ipal divisions also known
as municipal courts handling petty offenc~:_ n the district courts there
are also Commercial Law Divisions of the _"a"':onal Court Register and the
Commercial Law Divisions of the Pledg~ :' cgIStry. There are 319 district
courts in our country (as recorded on To, . " _ ) .
1. What is the name of the lowest instance court in the common courts
system in Poland?
2. In what situations can we treat the regional court as the first instance
court and when as the second instance court?
3. What is cassation?
4. Does the Supreme Court handle new cases?
5. What are the similarities between administrative and civil court
proceedings?
6. What kind of administrative decisions are appealed against?
76
5. uphold (a decision) ..... el the second stage of proceedings
6. impartial................ fl objective
7. amend (a decision) ..... gl the lo·es;: U! tance court in the Polish
j UdiCl 51-rem
8. revoke (a decision) ...... hi the ! ·Oil when the appealed decision
rem;:; i,.- .~ .coree
9. comply with............. if a rle - -~dsion
is passed in the case
10. hearing of evidence. ... j/ be ir -:- ~i2nce with something
1. handle a:
2. hear -~ation
3. revoke
t enforce
5. remand
6. tr)'
V. Complete the sentences using the following words:
common, divisions, petty offences, uphold, permit, injunctions,
evidence.
VI. Complete the sentences with the proper name of the court.
2. More serious matters are tried . .-- ........ ... ....... ... .. ................... .
VII. Translate.
1. S,!dy ~rodzkie zajrnuj,! si~ drO TIpni przest~pstwami i mog~ bye ty1ko
wydZlalem W sqdzie rejonowym.
I •••• " I •• I •••••••• , •••• I' •••••••••• ••••• ••••••••••••••••••••••
.... ........................................................ . . .
78
2. Pomimo protestu mieszkanc6w s'ld administracyjny utrzymal
w mocy pozv.:olenie na budow~ centrum handlowego .
........................................... . .................. .
.............................................................. .
VIII. Fill in the gaps with the following words. There are two words
too many:
79
IX. Litigation is for rich people who have time to spend in courts.
An average citizen cannot afford to claim his rights and as a result
a high fee to the advocates. Do you agree "ith this statement?
okolicznosci tagodZ<1ce -
wykroczenie -
recydywista -
przest~pstwa -
zab6jstwo -
zamach stanu -
wszcz~cie lub prowadzenie wojny napastniczej -
rozb6j -
sprawstwo -
wina-
podzeganie -
pomocnictwo -
pokrzywdzony -
wsp6lnik -
~
al the substantive
1 ~
bl the criminal lawthe executive
cl
criminal law procedure criminal law
al The substantive criminal law regulates acts which are offences, the
system of punishment connected with committing them and security
measures which are applied because of breaching criminal law.
bl The criminal law procedure shows what rules state authorities should
follow in criminal procedures.
cl The executive criminal law defines what the procedures of executing
punishment are. Penitentiary law concentrates on the procedure
of imprisonment.
Except for public criminal (penal) law, there is also criminal fiscal law
dealing with acts connected with violation of the financial interest of the
State Treasury, military criminal law which applies to the people involved
in active military service.
Only those persons who reached the age of 17 are criminally liable on the
same footing as adults, as a rule. So the term juvenile delinquency refers
to the people under 17.
Polish criminal (penal) law is standardized by codes. They are: the Penal
Code, the Code of Penal Proceedings, Punishment Execution Code, Petty
82
Offences ' Code, the Code on Procedures in Petty Offence and the Penal
Fiscal Code.
The basic principle of Polish criminal law is: " nullum crimen, nulla poena
sine lege" which means: there is no crime or sanction of a penalty without
an applicable law. That is why the Penal Code stipulates: Only a person
who has committed an act prohibited by a statute in force at the moment
of committing thereof is subject to criminal responsibility. Polish law
defines an offence as an act committed by a man, prohibited by the
law under the threat of penalty by the applicable law. The act is defined
as a legal fact depending on human will which can be either an action
or omission. Insanity or diminished capacity, i.e. when the perpetrator
is unable to control his conduct or recognize the nature of his action,
is also the reason for applying a mitigation of the penalty.
As far as involvement in committing a crime is concerned, we have:
• perpetration,
• co-perpetration,
• abetting,
• aiding.
Cases:
The perpetrator started to scratch, with a screwdriver, a car which stopped
at a red light. When the \\Tonged driver jumped out of the car another
perpetrator co-operating with his accomplice got into the car and drove
away. He was stopped after a short while. Both of them claimed that it was
only "joy riding".
Which article of the Penal Code would you use to solve the case?
Sentencing
All the above principles should be applied by judges, but they have
some freedom while making decisions. They should take into account
the influence of circumstances on the perpetrator's behaviour
(e.g. the mitigating circumstances), the perpetrator's motives, the way
of committing the offence. The judge can also decide about applying
penal measures instead. This happens, among other things, in the case
of the young age of an offender, his behaviour manifesting the will
to redress the damage or exceeding the limits of necessary defence. Judges
should also take into account the principle of priority in the system of
penalties: if it is possible, a fine or penalty of restricted liberty should
be imposed first, and then imprisonment.
According to the Code, the penalties are put in the order of their gravity:
a fine, restriction of liberty, deprivation of liberty for a fixed term. There
is no place for the death penalty in the Penal Code. The new Code of 1997
abolished this penalty although according to public opinion polls most
people were in favour of it. If the death penalty had had to be decided
in a referendum, the supporters of the penalty would have won. The level
of social noxiousness is also important while deciding about punishment.
Judges should not forget about achieving preventive and educational
objectives with reference to the guilty person.
However, the court may decide about aggravation of a penalty (i.e. the
sentence may exceed the statutory penalty) if it is multiple recidivism
(relapse into crime - article 64 § 2), the crime was committed in an
organised group (article 65 § 1) or a series of crimes was committed
(article 91 § 1).
In the Penal Code we have a division into punishments and punitive
measures. Punishments embrace fines, restriction of liberty, imprison-
86
ment, life imprisonment. Punitive measures are of p,vo kinds: they
either accompany punishments or are u ed in tead of them. Examples of
punitive measure are: deprivation of public rights, interdiction to occupy
specified posts or conduct specified economic acthity.
The Penal Code also define certain security measure that can be applied
by the judges. The perpetrator can be placed in a p ychiatric " ard if he
was insane while committing the act.
4. if the party does not agree with the sentence then we have the
appeal stage
The new 1997 Penal Code often quoted in the above text is comparable
with similar documents in Western Europe. It replaced the previous Code
from the communist times with a new liberal and humanitarian one.
IV. Decide if the sentences below are true or false. Correct the false
ones.
87
2. An ordinary perpetration takes place when someone else makes the
plan to commit a crime.
3. The new 1997 Penal Code is a modern one.
l. innocent ..... .
2. convict .... ..
3. civil .... .. c .::ed person
4. perpetrator ..... .
5. interdiction ..... .
6. confess .... ..
7. prosecution ..... . g/ a.:~ -
8. imprison ..... .
88
...............................................................
...... ........................................ .... ..... .... .. ..
... . ..... ..................... ............. .... .... . ..... .... . . ..
Using the words / phrases from the above text, translate the following
paragraphs of articles 230 and 228:
Kto udziela lub obiecuje udzielic konySci majqtkowej lub osobistej
osobie pelniqcej funkcj~ publicznq w zwiqzku z petnieniem tej funkcji,
podlega kane pozbawienia wolnosci od 6 miesi~cy do lat 8.
Jeieli sprawca czynu okreSlonego w § 1 dziala, aby sklonic osob~ peini'lC<!
funkcj~ publiczn'1 do naruszenia przepis6w prawa albo udziela korzysci
takiej osobie za naruszenie przepisow prawa, podlega kane pozbawienia
wolnoSci od 1 roku do 10 lat.
.................................. .......... " ............... .
"
. ..... .............. .. ...... ... .. ... . ' " . .. ... ........ .... "
" "
..... . ..... ......... .. . ... . . .. . ... .. ' " .. .. . . .... . ' " ... .
" " "
89
2. inflicts on another person a serious crippling injury, an incurable
disease or protracted illness, an illness endangering life, a permanent
mental illness, a permanent total or substantia! incapacity to work
in an occupation, or a permanent serious bodily disfigurement or
deformation shall be subject to the penalty of the e.?riYation of liberty
for a term of between 1 year and 10 years .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... .. .. ... . . . . . . . . . . .
XI. What does the new Penal Code say about the . tion when
a perpetrator of an offence is a recidivist. Is the alty for an
accomplice also aggravated?
90
10. Administrative Law
tworzenie prawa -
orzekanie -
wprowadzanie w iycie -
prawo, przywilej -
prawo laski -
mianowac s~dziego -
organy pomocnicze -
wojew6dztwo -
woj ewoda -
powiat -
starosta -
gmina -
-ojt -
-ej mik wOjewodzki -
Study these two almost identical sentences differing only in the usage
of commas, at first glance:
1. My brother who is a member of the Council of Ministers has just gone
abroad with a diplomatiC visit.
2. My brother, who is a member of the Council of Ministers, has just gone
abroad with a diplomatic visit.
95
we have extra information that he is a member of the Council
of Ministers, has gone abroad.
Find the relative clauses in the text and decide if they are defining
or non-defining.
· .................................................... ' " " .. .
"
· .................. ......................................... .
"
· ......................................... .................. .
"
.................. ....................................... . .. .
"
application
decide
modernization
divide
select
define
dissolve
supervise
appoint
implementation
Qfi
IV. Whose duties are the following, the President's, the Prime Minister's
or the governor's?
..... ................... '" . '" . " . '" " .. " . . ....... " . " " . "
VIII. The second conditional is used when you are talking about an
imaginary situation (if something were different than it is). Write three
sentences for each imaginary situation:
IX. Fill in the gaps with the prepositions: on, in, into, of, to, with, by.
98
body responsible (4) ............... the region's affairs. Apart (5) ........... .
integrated administration inside the governmental administration there
is also non-integrated administration which is not organisationally
linked (6) ............... the governor but partly dependent (7) .............. .
him (e.g. fire service commanders). Communes and districts are more
concentrated (8) ............... everyday matters and satisfying public
needs (e.g. residents' access to infrastructure).
99
11. Key
1. Legal professions
I. IF 2F 3T 4F 5T
II.
III.
IV.
1. on / o f! on /of
2. from / by / of / of
3. of / from / to
4. in / in / to
5. in / of! of
V. 1b 2a 3c 4c Sa
lnn
VI.
1. Constitution, 2. Roman, 3. Community, 4. commercial,S. employment
VII.
VIII.
2. Elements of Logics
I. IF 2F 3T 4T SF
II. Ie 2d 3a 4b 5e 6g 7h 8j 9i lOf
101
III.
1. In spite of the fact that the witne - 00.- an oath to tell the truth, the jury
did not believe him.
2. Although the judge was cominced 0: --e .:riminal's innocence,
he hesitated if he could acquit him.
3. Despite the parties' concluding a cont:r'aC" e ne of them decided
to withdraw from the contract later.
4. Despite the court's ordering him to uting the product
in Poland, Mr Kowalski continued to '0-
5. In spite of the fact that the judge kn~ ~ -- _ --- es' jargon, he had
problems with understanding the ,..itn
IV.
1. testify
2. conclusion
3. prosecution
4. object
5. accept
v.
When concluding a contract, the pe L-J.~""'" :Lies is necessary.
3. Civil Law
, ",..,
II.
Civil Code - a compilation of laws designed to deal with the basic areas
of private law
III.
v.
l. The Constitution. 2. By way of a statute. 3. Justification and executive
orders. 4. The President. 5. Two or more. 6. Yes. 7. In the Journal of Laws.
8. Yes. 9. The President, Council of Ministers, Prime Minister, ministers,
National Broadcasting Council. 10. In the Constitution.
VII. Ib 2a 3c 4a Sb
VIII.
1. All citizens have the right to vote pro\ided they are of age.
2. Statues may be passed independently 5 • J ed to a condition that they
do not breach the Constitution.
3. International agreements are a source 0: la ,. "ith a proviso that they
are ratified.
4. A regulation may not be issued by the _~ - i1a.I Broadcasting Council
unless a law authorises the body to it p_ ~mon.
5. If all necessary proceedings are cOInp_c - 2. law is signed by the
President.
X.
to decide what the citizens may do - to reg: -~ .:rtizens' rights
4. Entrepreneurs
I.
1. Civil law - a natural or legal person or _ LOo..<:...........-_.'"'-,: rate organisational
unit with legal capacity conducting e-~ -: ~:ti\ity on its own
behalf.
Public law - the above plus partners in partLeTShIps.
2. In the ational Court Register.
3. Enterprise.
4. Different forms of economic concentration..
5. A cartel and its specific forms , i.e. a syndi -a-e and a poll.
104
'"} (3) exercise
. solely (5) holding
II. 0) owns SlOO- -:%
-
(6) engages
IV.
5. Contracts
I. IF 2T 3F
II.
1. to
2. into
3. to
4. between
5. of
6. in / of
7. from
8 . on
III.
1. The Seller should transfer the Property to the Buyer by 20th October
2007.
2. The terms described in this agreement are as follows.
3. Each party has to follow the terms of this agreement.
4. By this the Parties have to perform the services with due diligence.
5. The Licensor has to keep from transferring his rights to the third
party.
IV. 1d 2g 3a 4c 5e 6h 7f 8b
V. IF 2T 3F
x. Ib 2a 3a 4b 5c 6a 7b 8a
106
-; a 9 lOd
I. Ib
:; Code 6 out
Il. 1 v,'Titing
V. Ic 2a 3a -1b Sa
7. IP law
1.
1 f\'7
II.
IV.
The Patent Office of the Republic of Pol -- tablished on December
28, 1918.
Poland already entered into the Paris f r·--.. . . .
-ion for the Protection
of Industrial Property on lOth Nove~ _ _ 'oining international
cooperation in this field. The first regis - - - - a trade mark took place
on 11 th April, 1924, and the first patent .,..,-- - on 24th April, 1924.
The Polish Patent Office performs its bas~
• granting rights of protection for ind """,,,,~orn.- subjects
as weD as
v.
1. Patents are granted to inYentors provided all necessary requirements
are met.
2. The patent holder ' s consent is required for the production or distribu-
tion of the invention.
3. The provisions of international agreements as ,,-ell as of nationallegisla-
tion are observed by the ;\lember-States of the EF
4. Industrial designs are applied to products but the items are not pro-
tected by the designs.
5. The fundamental regulations of the international exchange of goods
and services were set forth by the Paris and Berne Com-entions.
VI.
I.
1. District Court
2. First instance court - when a more serious case is tric:d for the tinc
time, second instance - when they handle appeals from the decisions
of the district courts.
3. Extraordinary means of appeal.
4. No, it doesn't.
5. In both of them here are at least two stages: hearing of evidence and
the case examination.
6. They are mainly building permit, tax injunction or complaints
about lack of action by administrative bodies.
II. Ig 2d 3b 4e 5h 6f 7c 8i 9j lOa
III.
IV. lc 2 f 3a 4e 5b 6d
V.
1. petty offences
2. uphold
3. common
4. permit
5. evidence
6. injunction
VI.
1. District court
2. Regional court
3. Military court
4. Supreme Administrative Court
5. Provincial Administrative Court
VII.
1. The municipal courts handle petty offences and can be only a division
in a district court.
110
-:",3 ~ court issued
2. Despite the inhabmm
· • ,
?W:es:.
-
~- ~
the buildinu pe.rmi:t for a biu .illo~ pina cell er.
3. The indep:ndence of the conn is one of the basic principles
of democracy.
4. After the appeal the decision of the district court was revoked.
5. The court is on the stage ofhearmg of e\idence.
VIII.
III. Id 2e 3h 4j Si 6a 7f 8g 9c lOb
IV. IF 2F 3T
VI. Id 2g 3a 4c Se 6h 7f 8b
VIII.
IX.
I. IF 2F 3F 4T :>T 6F 7T
III.
IV.
The President's - l,3
The governor's - 5,6
1 1 '"I
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-. \vww.justitia.pl/article.php?sid= 178
www.kulikowska.pl/pd_patenty.html
:"' www.uprp.pl
_. www.wipo.int/portal/index.html.en
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nttp://www.mg.gov.pl/English
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1lS