- deposit
- lien
- conveyance
- tenancy agreement
- mortgage
- escrow
- easement
- cadastral register
- chain of title
- capital appreciation
- stamp duty
- purchase price
- notorial deed
- encombrances
- survey
- boundaries
Reading 1 Litigation and Arbitration pp 83-84 ex 2,3
Focus on language: How do you say that … in Italian?
- Dispute resolution
- Disputing parties
- Litigation (court proceedings/ lawsuit)
- Settlement (resolution of a dispute)
- Hearing [the hearing was adjourned]
- Pleading: formal statement served by each party to a lawsuit to one another, and containing their respective positions (allegations, claims, defences, denies) ["counsel for the plaintiffs wanted to amend the pleadings"]
- to plead for
- to plead guilty/not guilty
- Out –of-court settlement
- Binding (obligatory) decision/agreement/arbitration
- non-binding agreement
- to be bound by sth (legally obligated) "bound by the terms of the contract"
- to be bound to sth/sb "Judges are bound to the law"
- Legal fees
- To settle a dispute
- To reach a settlement
- To enforce/deliver judgment
- To save money on
- To threaten to sue
- To face court proceedings/litigation costs
- To deny accusations
- To pursue a claim
- In connection with
Examples of disputes:• Dispute over people's behaviour may involve conflict between neighbours over anti-social behaviour (loud parties or verbal abuse)
• Business disputes can involve different interpretation of the terms of a contract, or questions over whether a contract has been breached, and what remedies/damages are appropriate.
• Planning disputes include situations where, for example, a property owner plans to construct a new building, or improve an existing building. (ie planning permissions)
• Environmental disputes include disputes over resources and questions over who has the right to exploit those resources, and at what cost to the environment.
• Business disputes can involve different interpretation of the terms of a contract, or questions over whether a contract has been breached, and what remedies/damages are appropriate.
• Planning disputes include situations where, for example, a property owner plans to construct a new building, or improve an existing building. (ie planning permissions)
• Environmental disputes include disputes over resources and questions over who has the right to exploit those resources, and at what cost to the environment.
ADR: Alternative Dispute Resolution:
- negotiation: participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution
- arbitration:participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration.
- mediation:there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties
Article:
Litigation and Arbitration in Italy by A. Auricchio et al, pp 111-119
Alternative dispute resolution in Italy
Litigation and Arbitration in Italy by A. Auricchio et al, pp 111-119
Alternative dispute resolution in Italy
Reading 2 letter of invitation pp 85-86 ex 7 - ref to ELSA (European Law Students' association
Grammar Practice:
Reading 3 Avoiding litigation page 88 ex 14-16
Reading 4 Cost of litigation page 89 ex 18-21
Reading 4 Cost of litigation page 89 ex 18-21
Reading 5 Letter before action pp 89-91 ex 22-28
COLLOCATIONS
adverb-adjective
- strictly private and confidential
- fully entitled
- shortly forthcoming
adverb-verb
- strenuously denies
- recently informed
adjective-noun
- confidential information
- previous criticism
- a positive asset
- a substantial increase
- constructive dismissal (licenziamento senza giusta causa)
- excellent prospects
- exemplary damages
- alternative means
- satisfactory proposals
Self Study
Listening 1 Question and answer session
pag 87 ex 10-12 peanut kernel case
Listening 2 Lawyer-client interview pp 91-91 ex 29-32
Language Focus page 93
Language Focus page 93
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