THE CONSTITUTION OF THE REPUBLIC OF CROATIA

Decide on the adoption and amendments to the Constitution- odlučuje o donošenju i promjeni Ustava

Adopt the strategy of national security and the strategy of defense of the Republic of Croatia- donosi
strategiju nacionalne sigurnosti i strategiju obrane RH

Call referenda- raspisuje referendum

Ž​upanijski Dom- The House of Counties

polupredsjednički sustav- semi-presidential system

Izvanbračna zajednica- civil union

jednodomni- unicameral

tajno glasanje- secret ballot

članak- article

prihvaćen- adopted

1. The Constitution of the Republic of Croatia was __adopted___ on _21 December 1990_.
​2. The greatest values of the constitutional order in Croatia are: __freedom, equal rights, national
equality, equality of genders, social justice, respect for human rights, inviolability of ownership,
conservation of nature and the environment, the rule of law and democratic multiparty system__...
​3. People in the Republic of Croatia __exercise_their power through the __election of their
representatives__ and through ___direct decision making_.
​4. All Croatian citizens who have reached the age of eighteen shall have _universal_ and
_secret___right to vote. The right to vote shall be exercised in __direct__ elections by secret
__ballot__.
​5. The Constitutional reforms in November 2000 and in May 2001 altered the whole system of
government. The _semi-presidential_ system was replaced with the __parliamentary_ system of
government.
​6. In 2001 the _House of Counties_ was abolished and the Croatian Parliament became_unicameral_.

Svi zakoni moraju biti u skladu s Ustavom. - All laws shall comply with the Constitution.

Vladavina prava je jedna od najviših vrednota ustavnog poretka Republike Hrvatske. - The rule of law
is one of the highest values of the Constitutional order of the Republic of Croatia.

U Republici Hrvatskoj vlast proizlazi iz naroda. - The power comes from people in the Republic of
Croatia.

Županijski dom ukinut je 2001. i time je Hrvatski sabor postao jednodomni parlament. - In 2001 the
House of Counties was abolished and the Croatian Parliament became unicameral.
Ustavnim promjenama 2000. godine polupredsjednički sustav zamijenjen je parlamentarnim. - With
the Constitutional reforms in 2000, the semi-presidential system was replaced with the parliamentary.

Article 113

The Government of the Republic of Croatia shall: propose bills and other acts to the Croatian
Parliament, propose the central budget and annual accounts, execute laws and other decisions of the
Croatian Parliament, adopt decrees to implement laws, conduct foreign and domestic policy, direct
and control the operation of the civil service, tend to the economic development of the country, direct
the performance and development of public services, perform other duties determined by the
Constitution and law

SAME SEX MARRIAGE-FOREIGN PLURALS

Basis- bases cactus- cacti datum- data

diagnosis- diagnoses medium- media (mediums) phenomenon- phenomena

syllabus- syllabi thesis- theses synopsis- synopses

stimulus- stimuli focus- foci corpus- corpora

genus- genera formula- formulae addendum- addenda

curriculum- curricula appendix- appendices matrix- matrices

analysis- analyses criterion- criteria

PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE

REPUBLIC OF CROATIA

1. How are human rights protected in Croatia? Human rights are protected by the Constitution,
international treaties and the law.

2. What is Article 21 of the Constitution about? Article 21 of the Constitution guarantees the right to
life and prohibits capital punishment.

3. Complete Article 22 Human liberty and personality shall be inviolable.

No one shall be deprived of ___liberty__, nor may such liberty be restricted, except when specified
by_law_, upon which a court shall _decide_.

4. Complete Article 61 The right to __strike_ shall be guaranteed. The right to strike may be restricted
in the __armed forces_, the police, the civil service and public services as _specified_by law.

ECHR
The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
was adopted by the Council of Europe in 1950, hence pre-dating the establishment of the European
Union. However, all EU Member States are Members of the Council of Europe and have ratified the
ECHR.

The Convention establishes the European Court of Human Rights. Any person who feels their rights
have been violated under the Convention by a state party can take a case to the Court; the decisions of
the Court are legally binding, and the Court has the power to award damages. State parties can also
take cases against other state parties to the Court, although this power is rarely used.
Any Contracting State (inter-State application) or any individual claiming to be the victim of a breach
of the Convention (individual application) may make an application directly to the European Court of
Human Rights in Strasbourg alleging a violation by the Contracting State of a right guaranteed by the
Convention. The European Court in Strasbourg is famous for a number of reasons, but perhaps above
all, because it gave life and meaning to the text of the ECHR. One of its main advantages is the
system of compulsory jurisdiction, which means that as soon as a state ratifies or accedes to the
ECHR, it automatically puts itself under the jurisdiction of the European Court. A human rights case
can thus be brought against the state party from the moment of ratification. A Section is an
administrative entity and a Chamber is a judicial formation of the Court within a given Section. The
Court has 5 Sections in which Chambers are formed. Each Section has a President, a Vice-President
and a number of other judges. The Grand Chamber is made up of 17 judges: the Court’s President and
Vice-Presidents, the Section Presidents and the national judge, together with other judges selected by
drawing of lots. The judges are elected by the Parliamentary Assembly of the Council of Europe from
lists of three candidates proposed by each State. They are elected for a non-renewable term of nine
years. Although judges are elected in respect of a State, they hear cases as individuals and do not
represent that State. They are totally independent and cannot engage in any activity that would be
incompatible with their duty of independence and impartiality.

The Convention establishes the European Court of Human Rights. Any person who feels their rights
have been _violeted_ under the Convention by a state party can take a case to the Court. The decisions
of the court are legally _binding_, and the court has the power to _award_ damages.

Hearings shall be in public unless the Court in exceptional circumstances decides otherwise (art. 40).
If the Court finds that there has been a violation of the Convention or the Protocols thereto (…) the
Court shall, if necessary, afford just satisfaction to the injured party. The Court may only deal with the
application after all domestic remedies have been exhausted (art. 35). The Court shall examine the
case together with the representatives of the parties and, if need be, undertake an investigation (art.
38). At any stage of the proceedings, the Court may place itself at the disposal of the parties
concerned with a view to securing a friendly settlement of the matter (art. 39).

2. List the rights and prohibitions included in the ECHR

-the right to life

-prohibition of torture, slavery and forced labour

-the right to liberty and security

-the right to a fair trial in civil or criminal proceedings

-the right to respect for private and family life

-freedom of thought, conscience and religion

-freedom of expression
-freedom of assembly and association
-the right to marry
-the right to an effective remedy
-prohibition of discrimination

-derogation in time of emergency

3. Describe the difference between inter-state application and individual application. Translate terms
into Croatian.

Inter-state are brought by one state against another.

Individual applications are lodged by any person, group or individuals, company or NGO having a
complaint about a violation of their rights.

4. Modal verbs-shall vs. may

May

-what a person is permitted to do:The Company may assign this Agreement with prior written consent
of the other party.

-To express something that is possible: It may rain tomorrow.

-To ask for permission: May I leave now?

Shall-impose an obligation, entitlement, future meaning.

-To ask for instructions or decisions, to offer services, and to make suggestions:

Shall I carry your luggage? What time shall we meet? Let’s go now, shall we?

-To predict something or express a determination: I promise I shall take you to her party.

-in general English shall is used only with the personal pronouns I and we

Defendant shall be reimbursed for any costs incurred during the course of this legal proceeding. ENT

The Franchisor shall not engage in any activity related to the Franchised Business until 2 years shall
have expired as from the date Franchisor terminates this Agreement at his or her option. FUTURE

THE BRITISH PARLIAMENT

1. What does the Parliament consist of?

the Crown, the House of Lords (upper house), the House of Commons (lower house)

2. What are the House of Commons and the House of Lords duties?

-making law, checking the work of the government, and debating current issues

THE H of C is responsible for granting money to the gov.

speaker-They keep order during the debates. They are elected by Lords.

Lord speaker-acts as an ambassador to the house. Makes sure neither the government not opposition
MPs dominate the time available in the House.

A self-regulating house-​it has never delegated its power to regulate its own proceedings to any other
authority.

Cross-benchers are nor afiliated with the political parties. They participate in parliamentary
proceedings independently

Lord Chancellor-is responsible for the efficient functioning of the courts.

MP-discusses bills, debates proposals for new laws

Hansard-the official report, record of that was debated in the House of Commons.

The Government is usually formed by the party that gains the most seats in the House of Commons at
a general election. It is headed by the Prime Minister who appoints government ministers.

The Government is responsible for deciding how the country is run and for managing things, day to
day; they set taxes, choose what to spend public money on and decide how best to deliver public
services and the main functions of the UK Parliament are to check and challenge the work of the
Government (scrutiny), make and change laws (legislation), debate the important issues of the day
(debating), check and approve Government spending (budget/taxes).

The Parliament's job is to check the work of the government and the House of Commons is also
responsible for granting money to the government through approving Bills that raise taxes. Generally,
the decisions made in one House have to be approved by the other. In this way the two-chamber
system acts as a check and balance for both Houses.

A motion of no confidence is a motion moved in the House of Commons with the wording: 'That this
House has no confidence in HM Government'. A motion of no confidence is one of only two ways in
which an early General Election may be triggered.

A Bill is a proposal for a new law, or a proposal to change an existing law that is presented for debate
before Parliament. Bills are introduced in either the House of Commons or House of Lords for
examination, discussion and amendment. When both Houses have agreed on the content of a Bill it is
then presented to the reigning monarch for approval (known as Royal Assent).

Part F

The Commons is ____publicly____ elected. The party with the largest number of members in the
Commons forms the ___Government__. The House of Lords is the _____upper__ chamber of the UK
Parliament, it complements the work of the House of Commons. Its membership is mostly
____appointed by the Queen_____.

Members of the Commons (MPs) debate the big political issues of the day and proposals for new
laws. It is one of the key places where __government ministers___, like the Prime Minister and the
Chancellor, and the principal figures of the main political parties, work.

The House of Lords used to be the final court of appeal for civil cases in the whole of Britain, and for
criminal cases in England, Wales and Northern Ireland, but the Constitutional Reform Act 2005
separated the House's judicial function from Parliament end ended the Lord Chancellor's combined
role as head of the ____judiciary_____, a member of the executive and Speaker of the House of
Lords. The Lord Chancellor is now a member of the _____Cabinet___ and is responsible for the
efficient functioning and independence of the courts.

The Commons alone is responsible for making decisions on financial Bills, such as proposed new
taxes. The Lords can consider these Bills but cannot _____block___ or amend them.

It is the ____Speaker______ who _____moderates____ and controls debates and makes sure neither
Government nor opposition MPs dominate the time available in the House of Commons. Members
must 'Catch the Speaker's Eye' by standing up after a speech to indicate that they also wish to speak.
MPs can also raise 'a point of order' with the Speaker if they think the rules of the House have been
broken. Until a few years ago MPs had to wear a top hat when doing this, but that is no longer the
case.

The House of Lords also has a Speaker, elected by Lords, who chairs committees, acts as ambassador
for the House, and presides over debates. Lord Speaker does not ____call___Lords to speak, instead
the House relies on the Lords themselves to keep things in order.

Both Speaker of the House of Commons and Lord Speaker of the House of Lords must be politically
_______impartial______. Therefore, on election the new Speaker must resign from their political
party and remain separate from political issues even in retirement. Likewise, the new Lord Speaker
must on appointment lay aside any party or group affiliation and refrain from all political activity.

THE PARLIAMENT AND THE GOVERNMENT IN THE UK

1. Describe a journey from a bill to an act

A bill can start either in the House of Commons or in the House of Lords but must be ​APPROVED​ in
the same ​FORM ​by both Houses.
​The bill has to go through ​FIVE​ stages in the House of Commons and these are: ​FIRST READING ​,
SECOND READING​, ​COMMITTEE STAGE​, ​REPORT STAGE a​ nd ​THIRD READING​.

​ nce the Bill has been examined by the House of Commons it has to go to the House of Lord for its
O
CONSIDERATION​. There it goes through the same stages.
​Once both Houses have examined the Bill, and if the Bill has been changed, each House has to
consider the other's ​AMENDMENTS (suggested changes).
​A Bill may go back and forth between each House, which is called ​“PING PONG”​, until agreement
is reached.
​When a Bill has completed all its stages in both Houses, it must have ROYAL ASSENT ​before
it can become an Act of Parliament (law).

What is the main task of the UK government?

The government runs the country. It has responsibility for developing and implementing policy and
for drafting laws, for managing things such as set taxes, what the public money should be spent on,
and the best way to deliver public service.

Collocations- the act or result of placing or arranging together

cast vote- to vote in an election or other such contest in which votes are collected; to vote.

hold election, grant asylum, come out of retirement, stand as a candidate

to toe the party line- to do what someone in authority tells you to do although you may not agree with
it

THE US CONSTITUTION

As the above Preamble suggests one of the principle upon which the delegates agreed when drafting
the Constitution was popular sovereignty which means that sovereignty was transferred to the people
of the country. Federal system was another principle and it was in no way easy to achieve it. Heroic
efforts were needed in order to retain the states as integral units while at the same welding the entire
population into a powerful unit to deal with national concerns. The Constitution also established a
representative democracy which resulted in representatives, chosen either directly or indirectly by the
voters, running the American government. In delegates' opinion government was a necessity but there
was need for coercion and restraint. However, various historical events such as industrial revolution,
wars, threats of communism and fascism had developed the need for stronger government. Another
principle that relates to government is the separation of powers or branches. It means that every
branch has its own powers and prerogatives to restrain the other branches, thus creating a
check-and-balance system. Congress is, for instance, checked by the requirement that laws must
receive the approval of both houses, by the President's veto and by the power of judicial review. The
President is checked by the fact that he cannot enact laws, that Congress can override his veto, that he
can be impeached and the like. The judicial branch is checked by the power of the people to amend
the Constitution, by the fact that the judges can be impeached, by the provision that permits Congress
to determine the size of courts and limit their appellate jurisdiction. These checks operate
continuously and usually without great publicity. Early in the American history, however, the courts
undertook to declare acts of Congress unconstitutional and this led to violent controversy. Acceptance
of the principle of judicial review has made the Supreme Court the most powerful judicial body in the
world.

1. What are the main principles of the US Constitution?

Federal system, Popular sovereignty, Representative democracy, Separation of powers

(check-and-balance system)

2. The system of checks and balances. What is it about? Give examples.

Every branch has its own powers and prerogatives to restrain the other branches.

Legislative branch (The Congress)-the laws must receive approval of the both houses-by the
President's veto and by the power of judicial review. Executive branch (the president)-he cannot enact
laws, Congress enacts his veto. The judicial branch (the courts) is checked by the power of the people

3. Explain the following terms in English:

Popular sovereignty – a doctrine in political theory that government is created by and subject to the
will of the people. The concept that political power rests with the people who can create, alter, and
abolish government. People express themselves through voting and free participation in government.

Preamble – a statement made at the beginning of a legal document; it usually gives the reasons for the
parts that follow

Prerogative – exclusive or special right/privilege

Judicial review-The power of the Supreme Court to declare laws and actions of local, state, or national
governments unconstitutional

Separation of power-Constitutional division of powers among the legislative, executive, and judicial
branches, with the legislative branch making law, the executive applying and enforcing the law, and
the judiciary interpreting the law.

1. The main reason for the adoption of the US Constitution was national security and the ability to
finance the army in order to defend from the enemies.

4. Previously, the national government was weak and states operated like independent countries. The
Preamble outlines the Constitution's purpose and guiding principles: to form a more perfect Union, to
establish Justice, to provide for the common defense, to promote the general Welfare and secure the
Blessings of Liberty.
5."Indivisible union" means that all the states that were previously loosely allied became one nation,
forming a more perfect union with new form of government, which shared power between the states
and a more robust central government with truly national powers.

To unite- With some welding and filing, the piece fit nearly perfectly. (welding)

Achievement by force- In response to the report, the Burmese government denied coercion. (coercion)

Limitation- Their attempts to restrain the crowds have been halfhearted and ineffectual. (restraint)

To take upon oneself- They undertook an investigation of the problem of school bus safety.
(undertook)

To keep- A landlord may retain part of your deposit if you break the lease. (retain)

Coercion (n) – to __coerce_(v) Restraint (n) – to __restrain_ (v)

To impeach (v) - _impeachment_(n) Sovereign (adj) - __sovereignty_(n)

To approve (v) - __approval_ (n) Controversy (n) - __controversial_ (adj)

Constitutional- unconstitutional

Directly- indirectly

Powerful- unpowerful

Approval- disapproval

Limited- unlimited

Continuously- discontinuously

Usually- unusually

THE US CONGRESS

1. Explain staggered.It means that after the senators are assembled, they get divided into three classes.
The 1st class seats are vacated after 2 years, the second class after four years, and the third class after
6 years.

2. What does the US Congress consist of? The Senate and the House of Representatives.

3. How many members does the Senate consist of? Each state has 2 Senators.
How many members does the House of Representatives consist of?

Each state’s representation in the House is based on population (e.g. California - 52; Alaska -1)

Explain the following terms/phrases:

power of the purse- The power of the purse is the ability of one group to ​manipulate​ and control the
actions of another group by withholding funding, or putting stipulations on the use of funds.

enrolled bill- a copy of a bill passed by both houses of Congress, signed by their presiding officers,
and sent to the president for signature.

entitlement spending- mandatory spending goes on automatically from year to year and is not decided
by the regular ​appropriations process​.

A filibuster is a political procedure where one or more members of parliament or congress debate over
a proposed piece of legislation so as to delay or entirely prevent a decision being made on the
proposal.

THE US PRESIDENCY

1. What are the powers of the American President?

-​Commander in chief of the army and navy

-​Power to make treaties
-​Power to nominate and appoint ambassadors, consuls, and judges of the Supreme Court
-​The power to fill up vacancies that occur during the recess of the Senate
-​The power to propose legislation to the Congress

-​The power to veto legislation passed by the Congress

-​The power to grant pardons and reprivs

To vest something in somebody-to give someone the official right to do or own something

To veto legislation-The constitutional power of the chief executive of a state or nation to prevent or
delay the enactment of legislation passed by the legislature:

Misdimeanor- a minor wrongdoing

Impeachment- Impeachment is the process by which a legislative body levels charges against a
government official

Indictment- Formal accusation that a person has committed a crime

Ignominy-disgraceful or dishonorable conduct, quality, or action

Obstruction-an act of obstructing: Passage of the law was delayed by the congressman's obstruction

Perjury- the voluntary violation of an oath or vow either by swearing to what is untrue or by omission
to do what has been promised under oath : false swearing
2. What is ellectoral college? Electoral college is a body of electors established by the Constitution to
elect a president.

3. What are the synonyms of the following words?

adjournment- recess

to disobey- violate

to avoid- evade

SECOND AMENDMENT + REPORTED SPEECH

To defund=to withdraw funding from

To skirt=to avoid especially because of difficulty or fear of controversy <​skirted the issue>
To thwart=to oppose successfully
To infringe=to encroach upon in a way that violates law or the rights of another
To repel=To fight against, to resist
To disarm=to divest of arms

REPORTED SPEECH

DIRECT SPEECH BACKSHIFTED IN INDIRECT SPEECH

present simple past simple (ed) I love- I loved

present continuous (ing) past continuous (was/were + ed) They are sitting- they were sitting

past simple past perfect (had + past participle) I love- I had loved

past continuous past perfect continuous (had been + ing) i was sitting-i had been sitting

present perfect (has/have ed) past perfect -we have lived-we had lived

present perfect continuous(have been) past perfect continuous I have been living-i had been living

past perfect past perfect You had studied-You had studied

future simple will - would

future continuous will be -would be

future perfect will have - would have

MAY- MIGHT 'You ​may be able to draw a distinction between three branches of government,' he told
her. He told her that she ​might​be able to draw a distinction between three branches of government.
There may be changes in pronouns or nouns as well as regards the time and place. For example,
yesterday to last Monday, now to then, here to there etc.

Put the sentences into indirect speech.

Will and Tim, "We were very happy about the present." - Will and Tim said that they had been very
happy about the present.

Helen, "I'm watching the late-night show." - Helen said that she was watching the late-night show.

Peter, "We played a lot of tennis last year." - Peter said that they had played a lot of tennis the
previous year.

Put the sentences into direct speech.

The teacher said the earth moves around the sun. - The teacher said:" The earth moves around the sun"

He said that she was not going home that day. - He said:" She is not going home today."

Mark said he had been very regular with his homework. - Mark said:" I have been very regular with
my homework."

THE JUDICIAL BRANCH IN THE USA

1. Name 2 different court systems and give examples.

The federal court system and the state court system.

The federal court system derives its power from Article III of the Constitution-the US District Courts,
the US Circuit Courts of Appeal and the US Supreme Court+ the US Court of Claims and the US
Court of International trade.

The second type of court in the federal court system is also established by Congress. They are:
magistrate courts, bankruptcy courts, the US Court of Military Appeals, the US Tax Court, and the US
Court of Veterans' Appeals.

Most state court systems are made up of:

-​2 sets of trial courts: trial courts of limited jurisdiction (probate, family, traffic...) and trial
courts of general jurisdiction (main trial-level courts)

-​intermediate appellate courts

-​the highest state courts

Trial court - a court of original jurisdiction

Appellate court - a court having jurisdiction to review decisions of a trial-level or other lower court
Court of last resort - court having the highest and final appellate authority
Original jurisdiction - a court's power to hear and decide a case before any appellate review. A trial
court must necessarily have original jurisdiction over the types of cases it hears

Appellate jurisdiction - the power of a higher court to review and revise a lower court's decision

General jurisdiction - the court's authority to hear all kinds of cases, which arise within its
geographic area

4. List some examples of cases that would be heard by the federal court and by the state court
STATE Crimes under state legislation.

State constitutional issues and cases involving state laws or regulations

Family law issues.

Real property issues.

Most private contract disputes (except those resolved under bankruptcy law).

FEDERAL Crimes under statuses enacted by congress

.Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights)

Matters involving interstate and international commerce, including airline and railroad regulation.

PETITION FOR WRIT OF CERTIORARI - a document which a losing pasrty files with the Supreme
Court asking the Supreme Court to review the decision of a lower court

WRIT OF CERTIORARY - decision by the Supreme Court to hear an appeal from a lower court.

JUDICIAL REVIEW – authority of a court to invalidate legislation or executive actions which, in the
Court’ s considered judgment, conflict with the Constitution.

CHIEF JUSTICE- the head of the United States federal court system and the president of the Supreme
Court.

2. In which cases does the US Supreme Court have original jurisdiction? Conflicts between a State
and a Federal government.

CRIME
residence - more permanent than domicile
citizen or national - državljanin
without delay - ASAP (najbrže)
immediately (sporije)
promptly - within reasonable time (najsporije)
nezakonite/zakonite migracije - illegal/legal migrations
zakon - statute
offence - kazneno djelo
alien`s act - zakon o strancima
statutory crime - crime defined by statute
major crime - criminal activity which is unusually serious or significant
signature crime - any of two or more crimes that involve the use of a method, plan, or modus
operandi so distinctive that the crimes must have been committed by the same person
hate crime - a prejudice-motivated crime which occurs when a perpetrator targets a victim
because of their membership of a certain social group or race
cyber crime - a crime that involves a computer and a network
spontaneous crime - a crime committed without previous planning
crime - offence against the community, punishable by the state
offender - a person who commits an offence
suspect/accused - for a person to be a s/a there must be reasonable doubt
public prosecutor - državni odvjetnik
indictment - written accusation of a crime
charge - kaznena prijava
to charge a person with an offence/crime - to indict a person
treason - izdaja
indictable offences - teža kaznena djela
summary offences - lakša kaznena djela
triable offences - liable or subject to judicial or quasi-judicial examination or trial

offences against the state offences against a person offences against property

unlawful assembly assault and battery, rape, theft, robbery, burglary,

(nezakonito okupljanje), manslaughter, murder, arson, malicious damage,
perjury (lying under oath), incitement to racial hatred handling stolen goods,
riot, fraud, forgery, vandalism
conspiracy, bigamy, sedition

assault (threat, attempt without touching the person) and battery (beating the person)
infanticide - čedoumorstvo
felony (felonies) - punishable by imprisonment for more than 1 year of by death
misdemeanor - prekršaj, punishable by incarceration (jail, not prison) for less than a year or
by a fine

To secure conviction, the prosecution must normally prove beyond reasonable doubt that the
accused committed a guilty act with intent (though intent may no longer be a necessary
element of some modern statutory offences) - Da bi osiguralo osudu, tužiteljstvo obično
mora dokazati iznad osnovane sumnje da je optuženi počinio zločin sa namjerom
magistrate court - manje ozbiljni sud koji se sastoji od 3 magistrates (not professional
judges, no law degree), suci porotnici u RH
criminal court - kazneni sud
aggravated factor - otegovna činjenica
mitigating factor - olakšavajuća činjenica
yob - delikvent
trial - rasprava/suđenje

When can a person be exonerated from criminal liability (isključenje protupravnosti)?

 - duress (prisila) - when a defendant commits a crime under a threat of death or
serious bodily injury
- necessity (krajnja nužda) - never includes intentional killing, involves the effects of
physical circumstances on a defendant`s will
- self-defence
- diminished capacity
- intoxication (intoksikacija, pijanstvo) - only if it has been induced by others, voluntary
drunkenness is a defence if it produces temporary insanity or negates the specific
degree of intent required by the offence charged e.g. when it might reduce a charge
of murder to one of manslaughter

A person may be exempted from criminal liability either because:

- something had deprived him of his free will and self-control (insanity, coercion,
necessity)
- he is one of the class of persons subject to special rules (diplomat, politician, minor
under 10 year in the UK, 14 in Croatia)

incitement (to racial hatred) - poticaj (na rasnu mržnju)

-assisting offenders - accessory (doesn't help while the crime is being committed, helps
before) and accomplice (present while the crime is being done)
-concealing offences (prikrivanje zločina) and giving false information are offences too
-to commit the crime of vandalism
-driving under the influence (DUA)
-substance abuse and drug dealing, trafficking, smuggling
mugging - attack in public (street robbery), you notice it (you don't notice pickpocketing)
-unlawful breaking and entering with the intention to steal
burglar - provalnik
-probation - when the judge (or the statute) feel that the circumstances of the crime and the
defendant’s background make a prison sentence too harsh, offenders on probation are
returned to the community under the supervision of a „probation officer”
compulsory unpaid work - obvezan (prisilan) neplaćeni rad
reduced sentence - umanjena kazna
break the requirement - prekršiti zahtjev
community payback - ​ punishment which requires offenders to pay back the community for
the crimes they have committed
to take into custody - privesti
to hire an attorney - unajmiti odvjetnika
defence attorney - attorney representing the defendant in a lawsuit or criminal prosecution
prosecuting attorney - an attorney who conducts proceedings in a court on behalf of the
government
to set the bail - odrediti jamčevinu
bail - conditional release of a defendant with the promise to appear in court when required
defendant - tuženi
to appear in court - to go to a court of law as a participant
court clerk - an officer of the court whose responsibilities include maintaining records of a
court, another duty is to administer oaths to witnesses, jurors, and grand jurors
the courtroom - sudnica
to stand trial (suđenje) - be tried in a court of law
bailiff - clerk, they deal with service of documents, sudski ovršitelji u nekim zemljama
verdict (presuda) - the judge delivers/gives the verdict
if the defendant is found guilty, the judge pronounces the sentence (the defendant is
sentenced to imprisonment for 7 years - okrivljenik se osuđuje na kaznu zatvora u trajanju 7
god), the convict (osuđenik) than serves his time in prison and than he gets released from
prison; rehabilitation of ex-convict

DEATH AND THE LAW

The right to die: suicide, assisted suicide,euthanasia
The right to life: abortion, abolition of capital punishment (death penalty)
Physician-assisted suicide: voluntary termination of one’s own life by administration of a
lethal substance with the direct or indirect assistance of a physician; the practice of providing
a competent patient with a prescription for medication for the patient to use with the primary
intention of ending his or her own life.
Euthanasia: a physician directly administers or withholds a medication to a patient with the
intention of ending a life to relieve extreme pain and suffering.
Places that openly and legally authorize active assistance in dying of patients are:
Switzerland, Netherlands, Belgium, Oregon, Washington state, Montana

Conditions under which euthanasia is permitted in the Netherlands:

- patient must be competent;
- patient must make the request and give his/her consent in writing;
- performed by a physician;
- patient must be terminally ill (disease is incurable);
- diagnosis by two physicians;
- pain and suffering;
- age (children with parental consent)
- citizen (or resident) of state.

The Court determined the following conditions for prosecution in cases of assisted suicide in
US:
- whether a person stands to benefit financially from assisting a suicide or if they were
acting out of compassion;
- If the individual wanting to die was deemed competent enough and had a "clear and
settled" wish to make such a decision (particular attention would be paid to issues
such as being under 18 and having a mental illness;
- whether the person was persuaded or pressured into committing suicide, or if it was
their own decision

Abortion Act 1967: abortion performed by a doctor was legal:

- if continuance of the pregnancy could endanger the life of the mother or cause
injury or mental disorder to the mother;
- if there is substantial risk that the child would be born abnormal;
- in cases of rape or incest.

Abolition of capital punishment

-perhaps the greatest influence on public attitudes has been the growing understanding
of psychiatric conditions, people have begun to appreciate that in most cases of murder, the
balance of the killer’s mind is disturbed
-pressure for the abolition of hanging in Britain was speeded by the suspicion that mistakes
had been made and the wrong men and women hanged

motion - zahtjev
to file for an injunction - zatražiti zabranu
to rub in (rubbing-in) - dodavati sol na ranu
walk the green mile - heading towards the inevitable
reprieved - pomilovan/a
diminished responsibility - smanjena ubrojivost
exonerate - osloboditi krivnje
Indeterminate sentences - statutes determine minimum and maximum term of imprisonment
and judges have discretion
The most common criminal sentences are imprisonment, probation, the death
penalty, community work and fine

The death penalty shall be abolished. No one shall be condemned to such. - Smrtna kazna
se ukida. Nikoga se ne smije osuditi na takvu kaznu niti pogubiti.
In legal english the verb SHALL is used to express the legal imperative (not futrue)
especially in legislation e.g.The death penalty shall be abolished. Legal commands
(naredbe) are usually expressed in English with shall; sometimes with must. Legal
commands are usually expressed in Croatian with indicative present of the principal verb,
with “dužan je”, “obvezan je”; “morati” is sometimes used, but not “trebati”. Expressing
prohibitions in legal English Prohibitions (zabrane) are negative commands which are
formulated in various ways in English:
- shall not – The death penalty shall not be executed.
- by negating the subject – No one shall be condemned to the death penalty or
executed. No derogation shall be made.
- by using the phrase “is prohibited” – The death penalty is prohibited. It is prohibited to
execute the death penalty. In older texts “is prohibited” is also
- used with “shall” – The death penalty shall be prohibited.
Expressing prohibitions in Croatian - Prohibitions are usually formulated in Croatian with: “ne
smije se”, “zabranjeno je”, “zabranjuje se”; by negating the principal verb –nema…; as a
negation of a permission – nije dopušteno (= it is not permitted, may not)

CONDITIONAL
Real situation:
If I have time, I will come. If I pass the exam, I’ll go to the concert.
Imaginary situation:
In the present (now):
 If I had time, I would come. (simple past + present conditional: would / could + infinitive)
In the past:
If I had had time, I would have come. (past perfect + past conditional: would / could +
infinitive perfect)

1. John passes the exam, he can go to London.

If John passes the exam, he could go to London.
If John had passed the exam, he could have gone to London.
2. There is a job opening for a lawyer, but I cannot apply because I don’t have my law
degree.
If I had my law degree I could apply.
If I had had my law degree I could have applied.
3. I believe that A is guilty and should be convicted, but I am not the judge.
If I were the judge, I would convict A.
If I had been the judge, I would have convicted A.
4. Defendants can be reprieved if the defence proves they are mentally abnormal.
If the defence proves the defendants are mentally abnormal they could be reprieved.
If the defence had proven the defendants are mentally abnormal they could have been
reprieved.
5. Anyone who commits murder will be convicted.
If X commits murder, X would be convicted.
If X had commited murder, X would have been convicted.
6. Voluntary euthanasia is legal in the Netherlands. Terminally ill patients may request a
physician to help them die.
If X were terminally ill, in the Netherlands he could request a physician…
If X had been terminally ill, in the Netherlands he could have requested a..

FAMILY LAW
marriage is the voluntary union for life of one man and one woman to the exclusion of all
others; it is a legally governed life union between a woman and a man
4 conditions for a valid marriage:
- voluntary
- for life (at the initiation of marriage the intention of the parties must be union for life)
- monogamous
- heterosexual
2 chief bars to marriage in 1969: youth and consanguinity (age of majority is 18) - If ether
party is below 16, there can be no marriage (void), 16-18: consent of both parents must be
obtained before the marriage is solemnized (voidable)
preliminary Requirements in the UK: unmarried people of opposite sex and at least 18 years
of age are free to marry, provided they are not closely related members of the same family.
Persons between the ages of 16 and 18 may marry under the same conditions, but with the
written consent of their parents or other lawful guardians (or, in the final instance,of an
English court of law)
USA: legal capacity to marry is fulfilled when an individual is of legal age, mentally
competent, and not already married in case of mental illness, a legal guardian must give
consent
equity courts - they rule on equity (what is fair)
creditor - vjerovnik
legal capacity - pravna sposobnost (to be deprived of legal capacity)
to enter into a contract - ​make an official agreement to do something
to comply with (the requirement for marriage) - poštovati
ab initio - from the beginning
the right to maintenance - pravo uzdržavanja
void (ništav) - no legal effect
voidable (poništiv) - e.g. annulment of marriage: valid to start with, can be annulled by one of
the parties
valid (valjan) - if the requirements have been met
-consummation and non-consummation (failure to consummate)

When is a marriage voidable?

- mistake as to identity (someone is mistakenly thought to be someone else)
- duress (prisila)
- no due consent (parental consent)
- mental incapacity (duševne smetnje)

mental incapacity in Croatia: otklonjiva bračna smetnja

osobe s duševnim smetnjama (lišene poslovne sposobnosti) need Court approval -
preliminary proceedings
relationship by blood - krvno srodstvo
Alternative forms of family: Non-marital cohabitation, Cohabitation without formal marriage,
Civil unions/civil partnerships/same-sex unions

Odredbe ovoga Zakona o učincima izvanbračne zajednice primjenjuju se na životnu

zajednicu neudane žene i neoženjenog muškarca koja traje najmanje tri godine, a kraće ako
je u njoj rođeno zajedničko dijete ili ako je nastavljena sklapanjem braka. - The provisions of
this Act concerning the consequence of an non-marital union are applied to the life union of
an unmarried woman and an unmarried man which lasts for at least three years or even
shorter if a joint child is born in it.

property-law effects - imovinskopravni učinci

dissolution of the union - prestanak zajednice
alimony (spousal support) - uzdržavanje bračnog druga
property settlement - imovinska nagodba
-property subject to division - usually joint property
-preference of the child
-visitation by the Non-Custodial Parent
-visitation by others / “best interest of the child”
child maintenance (during and after dissolution of nonmarital union) - uzdržavanje djeteta
division of joint property - after dissolution of nonmarital union, podjela zajedničke stečevine
(right to claim joint property)
inheritance rights - pravo na nasljeđe
legal transaction - pravni posao
enforce - provesti sudsku odluku
separate and marital (community) property
child custody - starateljstvo nad djetetom
prenuptial agreement (bračni ugovor) - a signed and notarized contract that spells out how a
couple will handle the financial aspects of their marriage
clandestine marriage - they have an element of secrecy to them
Legal drafting - the composition of legal instruments (contracts, deeds, wills) and legislation,
function: prescriptive
Legal writing - all kinds of expository writing including that encountered in correspondence,
legal opinions, textbooks, reports of decided cases in which judges state their reasons for
decisions, function: descriptive

Commands Rules

operate at a single moment in time, present operate continuously over a time span
tense subsequent to their enactment

I now pronounce you man and wife. The

undersigned agree to the following terms.

Functions of legal rules:

- compelling (Parents shall care for their children.)
- forbidding (People shall not kill each other.)
- enabling (Parents need not care for their adult children.)
- relieving (A person may kill another in self-defence.)

Formulating legal rules

Most legal rules are formulated in conditional sentences which consist of two main parts:
- the fact-situation (hipoteza) and
- the statement of law (dispozicija).
The fact-situation is often formulated in an if-clause and sets out the conditions that must be
fulfilled in order for the legal rule to operate. The statement of law is expressed in the main
clause and prescribes an action which shall be taken (command), shall not be taken
(prohibition) or may be taken (permission) or conveys powers (authorization) or rights.
If an unmarried man and an unmarried woman live together for at least three years, they
shall be entitled to the same property rights as married couples.

1. One of the parties is mentally incapable. The marriage shall be voidable.

2. A man deceives a woman as to his fortune. She marries him relying on the
misrepresentation. The marriage shall be valid.
3. One the parties marries under duress. The marriage shall be voidable.

4. Both parties are the age of majority and are not blood relatives. The marriage shall
be valid.
 5. One of the parties is 16 or over but under 18. The marriage shall be valid only if they
have parental consent.
6. One of the parties deceives the other as to his or her identity. The marriage shall be
voidable.
7. One of the parties is already married. The marriage shall be void.
8. The parties are blood relatives. The marriage shall be void.

Most common grounds for divorce in the UK in ​1969​: adultery, cruelty or desertion
it allowed separation as a ground for divorce; the innocent spouse could be divorced against
his or her will if the parties had been separated for 5 years.
The provisions on divorce reform of the FLA ​1996
1.​ Eliminate the concept of fault;
2.​ Provide that the only ground for divorce is the irretrievable (trajno narušeni odnosi)
breakdown of marriage;
3.​ Repeal (ukinute) the provisions on separation, as a result of which there is no longer a
required period of separation;
4.​ Make the law of divorce largely procedural (postupovno, materijalno) in nature; hence it is
no longer litigation (parničernje) based on substantive issues

Under the FLA 1996 ​divorce proceedings​ consist of four steps:

1. ​Information meeting;
2.​ “Cooling off ” period of 3 months before a spouse can initiate divorce proceedings.;
3.​ Period for reflection and consideration (basically 9 months; can be extended for 6 months
in families with a child under 16 or if one party requests an extension for further
reflection/mediation/exploring the possibility of reconciliation/marriage counselling free of
charge for those desiring it)
4.​ Application for divorce order (zahtjev za razvod braka)

Application for divorce order granted ONLY when the requirements regarding future
arrangements have been met:
1. custody of children;
2. financial arrangements (laid down in writing)
ALIMONY (spousal support) – money paid by one spouse to the other for financial support
pursuant to court order (in a lump sum or periodically)
- assuming all requirements have been met, the court will be bound to issue a divorce
order upon application by either or both spouses

US – a divorce action is a civil lawsuit

Traditionally, civil lawsuits in equity (divorces first handled in ecclesiastical courts). To obtain
a divorce in the US, one party was required to show that the other party was at fault.
Traditional grounds were: habitual drunkenness, adultery, physical cruelty, mental cruelty,
abandonment, insanity,impotency, incapability of procreation (Pennsylvania),
indignities, bestiality. The first state to introduce no-fault divorce was California, the last was
New York.. California spurred a revolution with its enactment of a “no-fault” divorce statute in
1969! The grounds were: irreconcilable differences which cause irremediable breakdown of
the marriage. Inter alia, to avoid invading the family’s privacy, reduce the acrimony between
the couple and, where both parties want the divorce, eliminate the need to create grounds.
-fault issue can be taken into account in determining child custody; spousal support etc.
-waiting periods – in most states at least 60 days and 6 months for couples with children (in
some cases though up to 2 years)
-most states require at least one spouse be domiciled in the state where the complaint for
divorce (tužba za razvod) is filed
- “durational residency” (mandates that the plaintiff live in the state continuously for a given
length of time (from 6 weeks to 2 years)

Major developments in US divorce law

First Reform: Replace No Fault Divorce with Mutual Consent and Sole Custody
with Shared Parenting
Second Reform: Replace Sole Custody with Shared Parenting

PRESENT PERFECT
present perfect or past simple:
The divorce rate increased in 1946. (PS)
The divorce rate has increased since 1946. (PP)
Present perfect is a present tense. It tells something about now: John has lost his book. He
doesn’t have it NOW. Thirty minutes later: John has found his book. He has it now. Has he
lost his book? No, he hasn’t.
​DO NOT​ use present perfect if there is no connection to the present (sth happened a long
time ago)
Beethoven was a great composer.
However: MY brother is a writer. He has written 10 books.
Do not use present perfect to talk about a finished time with no connection to the present:
I read a lot when I was younger.
USE​ present perfect to talk about a period of time that continues from the past until now:
Have you ever eaten caviar?
John loves that film. He’s seen it eight times.
Use present perfect to express the first (second, third) time something has happened.
Note: Speakers are talking about a period that continues until now when using words such
as recently, in the last few days, so far, since... and today, this morning, this evening,
already etc.

1. it/rain/every day/this week It has rained every day this week.

2. the weather/be/cold/recently The weather has been cold recently.
3. It/cold/last week It was cold last week.
4. I/not/read/a newspaper/yesterday I didn't read a newspaper yesterday.
5. I/not/read/a newspaper/today I haven't read a newspaper today.
6. Ann/earn/a lot of money/this year Ann has earned a lot of money this year.
7. She/not earn/so much/last year She didn't earn so much last year.
TORT LAW
tort - civil wrong, wrongful acts which injure the body, property, reputation, and can result in
civil liability; građanski delikt e.g. negligence
tort law simply assumes that all members of society have a common, unspoken duty to
refrain from behaviour that creates an unreasonable risk of harm to other people
tort law - izvanugovorno pravo
obligations act - zakon o obveznim odnosima
filing procedure - the steps that a case takes before going to court
jury - members of the public who are asked to give their opinion on the guilt or innocence of
the defendant
trial court - the court where a suit is first bought; prvostupanjski sud
complaint - the document in which the plaintiff states his/her legal claim; tužba
legal claim - tužbeni zahtjev
plaintiff, claimant - the person who brings a civil case to court; tužitelj
defendant - the accused, the person who is sued, tuženi
court of appeals - a higher court, above a trial court; drugostupanjski sud
verdict - the decision of the case
testify - to answer questions asked by the lawyers and judge in court
expert testimony - the opinion of a person with special knowledge (doctor, lawyer) about the
case
a case brief - a summary of a legal opinion
precedent - ​a legal decision or form of proceeding serving as an authoritative rule or pattern
in future similar or analogous cases
rationale - A discussion of the reasons behind how a decision was made
holding - a court's determination of a matter of law based on the issue presented in the
particular case (the court holds that the…)
actionable -
reverse a decision - to change a lower court's decision
remand for review - to send a case back down to a lower court for reconsideration on the
basis of opinions consistent with the appeal judge
appeal - to ask a higher court to reconsider the decision
settle out of court - the parties make a decision in the case without the court's involvement;
izvansudski postupak
paralegal - professional that performs procedures autonomously or semi autonomously, as
part of a legal assistance system
sue for damages - tužba za naknadu štete, odštete
- claim damages
negligence - failure to take proper care over something; nemar, povreda dužne pažnje
omission - nečinjenje
class action - a lawsuit in which the court authorizes a person or a group of people to
represent the interests of a larger group, an invention of equity (it would be unfair to disable
large groups of people united in interest from enforcing their equitable rights); skupna i
grupna (1 predstavnik) tužba
tortfeasor - a person or entity who is found to be responsible under civil law for an injury
caused to another person or entity; štetnik
injured party - oštećenik
legally authorized - to have the power to do something under the law
age of majority - when person can be held responsible under the law as an adult for his/her
decisions (in common law countries, usually 16-18)
parental consent - parents allow their child to do something
risk - chance of danger or loss
mature - considered as an adult
minor - a child who is not legally responsible for his/her decisions
exception - something that is not included in the general rule
mature minor exception - when a young person has the "head of an adult" and can be held
legally responsible for adult decisions (e.g. The 16 year old knew he would hurt his teacher
when he shot the gun.)
guardian - someone, who is not a parent, who is legally responsible for a child
capacity - ability to make responsible decisions under the law (Those without capacity are
unable to make their own decisions e.g. children, mentally insane.); pravna sposobnost
consent - permission or agreement to do something
knowingly give consent - give permission by signing a document or giving verbal agreement
inherent - a basic part of something which cannot be removed (e.g. There are risks of injury
inherent in skiing.); svojstveno

- possible steps in an American court case:

A complaint is filed.
The case is heard in a trial court.
Expert witnesses are consulted.
Witness testifies.
A jury makes a decision.
The trial court gives its verdict.
The case is appealed.
The appeal is judged.
The case is reversed.
The case is remanded for review.
The trial court re-tries the case.

Tort law vs. contract law: overlap: product liability

Tort law vs. criminal law: both focus on wrongful acts

- elements of a tort:
- The existence of a legal duty (owed by defendant to plaintiff) (tortfeasor-injured party)
- Breach of that duty by defendant
- Damage or injuries suffered by plaintiff
- A causal relation (uzročnost) between defendant’s conduct and the resulting injury

- categories of torts (according to the degree of fault of tortfeasor):

• intentional torts
• negligent torts
• liability without fault (objektivna odgovornost)
Examples of intentional torts:
• A person acts intentionally with respect to injury when that person desires to cause a
certain injury
• false imprisonment
• trespass to land
• nuisance

- torts vindicating particular interests

• misuse of legal procedures: malicious prosecution, frivolous lawsuits (absence of probable
cause) etc.
defamation – injury to reputation of another person; kleveta
Elements: the defendant made a defamatory statement concerning the plaintiff, the
statement was “published” and the statement damages the plaintiff’s reputation
publication - means that the statement was communicated to another person
- defamation can be either written (libel) or oral (slander).
- one who re-publishes (repeats) a defamation is subject to liability
- NB absolute privilege (e.g. husband and wife are a. privileged to defame each other), truth,
fair comment etc. – defense to defamation

- Internet libel
- in order for a comment, post or article to constitute internet libel:
• one must prove that the statement constitutes a false statement of fact
• the false statement of fact must harm one’s reputation
So, in order to constitute libel, a statement must not only be false but must harm someone‘s
or a company’s reputation and cause harm

Negligence
• we presume that everyone knows what acts or omission create unreasonable risks of harm
• conduct that falls below the standard of care deemed by the law as necessary to protect
others from unreasonable risk
• most common type of n: negligence as the breach of a duty of care
Reasonable Person Standard – the standard of care to which people are expected to
conform their conduct , i.e. how a ‘reasonable person’ would have acted
- negligence of professionals (medical malpractice) - a professional version of the
reasonable person standard is applied
How can one prove negligence? - causal link (a ‘but for’ test); plaintiff must prove he/she
would not have been injured ‘but for’ the act of the defendant; causation/a proximate cause
is needed between the tortfeasor’s action and the injury

Liability without fault (strict liability) - when the law imposes liability without requiring proof of
intent, negligence, recklessness or any other fault e.g. product liability – a supplier of a
product (manufacturer, distributor or seller) is liable for personal injury or property damage
suffered by the ultimate consumer or user of that product

The common law of contracts

Accession Treaty - ugovor o pristupanju
Contract for Services/Contract for Sale - ugovor o djelu
Prenuptial Agreement - bračni ugovor
pravni posao - legal transaction
A contract is a promise between two or more parties, i.e. an agreement which the courts will
enforce (provesti).
• mutual assent (meeting of the minds) – intent of the parties (objective test)
Essential requirements ​(bitni sastojci ugovora)
a)​ if there is a binding offer and acceptance of the offer, supported by a consideration
(protučinidba)
b)​ parties possess legal capacity to enter contracts
c)​ in certain cases the contract must be in a particular form
d)​ the object of the contract (predmet ugovora) must not be one disapproved of by the law
(void for illegality)
e)​ the resulting agreement must be a genuine one (reflect the actual exchange of promises
not a fake one)
e.g. All States except Louisiana have adopted a form of the English Statute of Frauds which
requires that certain types of contracts must be in writing to be enforceable:
• a suretyship contract (a contract to answer for the debt of obligation of another) - ugovor o
jamstvu
• a contract to transfer or buy any interest in land
• a contract for the sale of goods worth more than $ 500
• bills of exchange (mjenice), promissory notes (IOUs; zadužnice)
A contract that does not comply with those requirements may be void (ništav, ništetan),
voidable (poništiv), unenforceable.

1) Void contracts
• lack essential requirements
• no legal effect

2) Voidable contract
• valid to start with, but may be avoided/set aside by one of the parties if it is affected by a
flaw (ugovorna mana)
Voidable contract:
• fraud - means misrepresentation, concealment (prikrivanje) or nondisclosure (neotkrivanje
bitnih činjenica); if a material element (bitno svojstvo ugovora) of the contract is concealed or
misrepresented to a party, that party has been ​defrauded​ – the contract is voidable;
prijevara
• misrepresentation (of fact) - lažno prikazivanje činjenica
• undue influence - like duress (threats of bodily or other harm) involves pressure on a party-
when someone takes advantage of the party’s particular vulnerability to pressure;
nedopušteni utjecaj
• duress (voidable at the option of the victim of duress) - prisila
• impossibility of performance - in general not a defense under a contractual duty,
exceptions: supervening events (e.g. outbreak of war, natural disasters, state intervention)
that the party could not have foreseen and that make it impossible for the party to perform, in
such cases the party can be released from duty, force majeure (act of god)-viša sila;
nemogućnost činidbe (performance-ispunjavanje ugovora ili činidba)

3) Unenforceable contract ​(neprovediv ugovor)

• unlike void and voidable c., an unenforceable contract is still valid. However, it cannot be
enforced because the party wishing to enforce it lacks a particular type of evidence e.g. IOU
Breach of a contract- the refusal or failure by a party to a contract to perform an obligation
imposed on that party under the contract (povreda ugovorne obveze-odbijanje ili propust
stranke da izvrši obvezu koja je nametnuta toj stranci prema ugovoru); if a party does not do
what it promised to do (LT does not perform under the contract), it is in breach of contract
• NB polysemous terms: performance, consideration
In case of breach, the other party is entitled to legal remedy, e.g.:
• specific performance – an order to make a party perform his obligations under the contract
• injunction – a court order to stop someone breaching a term of the contract; zabrana
• damages – naknada štete
forcible – provediv

Termination of a contract​ (raskid ugovora)

• to terminate a contract – (e.g. without being breached), mora biti dvostrano
• to rescind a contract – ​a contractual party cancels the contract, jednostrano
• to set aside a contract – cancel/annul (because the other party has breached); poništiti
• to withdraw (ECP) – a party has a right to withdraw from a contract; for online shopping;
odustati od ugovora

Translate the following into English

Raskid je način prestanka valjanog ugovora koji nije u cijelosti ispunjen ili nije uopće
ispunjen. - Termination
Otkaz je način prestanka trajnoga obveznog odnosa koji je zaključen na neodređeno vrijeme
jednostranom izjavom volje. Za razliku od raskida, nije potrebno navoditi razloge. Otkaz
djeluje samo ubuduće, raskid može i pro praeterito. - Cancelation
Poništaj/poništenje pravnog posla je anuliranje pobojnog pravnog posla i pravnih učinaka
koje je on do tada proizveno (ex tunc) sudskom odlukom/od strane ugovorne strane -
Annulment of a voidable legal transaction and legal effects that it has created thus far

Offer ​- a manifestation of willingness to enter into a bargain

• must be sufficiently definite (language of commitment)
• must be communicated (to a person) so that if it is accepted, there would be a basis for
determining the existence of a breach and for giving appropriate remedy
• reward offers are usually unilateral contracts (jednostrani ugovori)/an offeree can sue for
breach of contract, however, if the offeror does not provide the reward after the offeree has
fulfilled the contract's requirements
• e.g. “I will sell you my car for $500” • Is that an offer? Yes, the offeree can accept by
promising to pay or paying it, offer made in a face-to-face conversation would be an offer,
but is usually deemed to continue only to the close of the conversation (and cannot be
accepted thereafter)
offeror - the one who offers
offeree - the one who accepts the offer
Ads sometimes resemble offers, but are considered invitations to bid or make an offer as
they do not contain sufficient language of promise or commitment to sell
• a retail store’s advertisement reads: “Saturday, 9 A.M.,… 1 black lapin stole, … $1, First
come first served.” Does it constitute an offer? Yes (first come first served are promise
words).

Consideration​ - anything given in exchange for a promise (A promises to do something for

B and in return expects a return promise of performance); a compensation for something
promised or done, sometimes the act performed by the offeror is also deemed to be
consideration; is necessary for an agreement to be enforceable

Impossibility of Performance
• the general rule is that impossibility of performance is not a defence for one under a
contractual duty; there are, however, exceptions when supervening events (i.e. force
majeure, Act of God, superior force) occur that make it impossible for a party to perform
• If the party could not have foreseen the occurrence of such event at the time of the
conclusion of the contract (e.g. outbreak of war, natural catastrophe, state intervention), the
party can be released from his obligation to perform under certain conditions (doctrine of
frustration)
Impossibility of performance – as defence/voidable contract
• the event must be external to the contract and parties • it must render the party’s
performance radically different • from what the parties originally contemplated • the event
must have been unforeseen • the occurrence must be beyond the parties’ control

Cases
• X enters into a contract with Y. X promises to launder $ 2 million of stolen money for
$300,000. In consideration he performs, however, Y refuses to pay the promised
consideration. Can X sue Y? No because the object of the contract must not be one
disapproved of by the law and laundering money is illegal.
X enters into an oral contract with Y, an antique dealer, to buy a Biedermeier table. Y
guarantees that the table is an antique; however, X later discovers that the table was
actually made in the 1940s. Can X sue Y? Yes because a material element of the contract
was misrepresented to a party so the contract is voidable.
X rents Y a room in her house. X and Y both believe that a parade will pass through the
street where X's house is located. The room is rented so that Y can see the parade.
However, the parade's route is altered and does not proceed on X's street. X wants the
rental money and Y claims the accomplishment of the purpose became impossible. Is this
valid defence for Y's non-performance? No because accomplishment of the purpose

Y promises to sell X 2 tons of winter wheat at a price of $ 50,000. A written contract is

signed. Thereafter the market price of winter wheat falls 20 %. • Can X declare the contract
voidable and refuse to pay delivery? No because the market price of winter wheat falling
20% is not a supervening event that the party could not have foreseen and that makes it
impossible for the party to perform.
X enters into a written contract with Y, in which X purchases 2 tons of winter wheat at a price
of $50,000. X signs contracts with A and B selling them each 1 ton of the wheat. Unexpected
floods ruin the wheat crop and Y can deliver only 1 ton of wheat. Y notifies X in due time
(pravovremeno, pravodobno) about his impossibility to perform in full. X has ample
(dovoljno) time to find substantive wheat; however the price is higher. • Can X sue Y for
damage? Can X avoid his contract with B on the ground of impossibility to perform? X can
not sue for damages because this was an act of god and the contract is voidable. X can
avoid his contract with B on the ground of impossibility to perform.
• X borrows $ 100.00 from Y and promises to pay him back within one month. At the end of
the month Y asks X to return the money but X refuses. There is no written promissory note.
Can Y sue X? No because a promissory note is necessary for this contract to be
enforceable.

Write sentences using the following words:

to hold liable / the defendant / the court / for plaintiff’s injuries The court holds the defendant
for plaintiff’s injuries.
to set aside, the party adversely affected, may opt, the contract The party adversely affected
(affected in a negative way) may opt to set aside the contract.

Smart contracts - only exist in the digital world, they are stored inside of a blockchain, they
are immutable and distributable, they can not be tampered with

Palsgraf v. Long Island R.R. Co.

Plaintiff ticket-holding passenger Helen Palsgraf was standing on a platform of defendant

Long Island Railroad Company. A man carrying a package jumped aboard the car of a
moving train at a nearby platform. A guard in the car reached to help him in, and a guard on
the platform pushed the man from behind. The package was dislodged, fell onto the rails,
and exploded. The shock of the explosion caused a scales to fall onto plaintiff passenger,
who filed this lawsuit for injuries due to defendant's alleged negligence. The trial term court
(the Supreme Court) entered a verdict for plaintiff. In 1927, the Supreme Court, Appellate
Division affirmed the judgment in favor of plaintiff. These two lower courts held that the
negligent acts of the railroad's employees caused the package that contained explosives to
be thrown under the train where they exploded. Defendant railroad sought appeal to the
Court of Appeals of New York.

ISSUE: In an action for injuries sustained during an explosion when a package was dropped
on a nearby rail, was the defendant railroad liable for negligence due to its guards' conduct
in pushing the man carrying the package?

ANSWER: No
CONCLUSION: In 1928, the Court of Appeals of New York reversed the judgments of the
appellate division and the trial term of the Supreme Court. Ruling in favor of defendant
railroad, the Court dismissed plaintiff passenger's complaint. The Court found that the
conduct of the railroad's guards was not a wrong or negligence in relation to plaintiff,
standing far away. There was nothing in the situation to suggest to the most cautious mind
that the parcel wrapped in newspaper would spread wreckage through the station. The Court
explained that negligence is not actionable unless it involves the invasion of a legally
protected interest--the violation of a right, which in this case was claimed to be the right to be
protected against interference with one's bodily security. Bodily security is not protected
against all forms of interference or aggression, but only against some. Negligence is the
absence of care, according to the circumstances. The Court concluded that there was no
negligence because defendant railroad could not have reasonably foreseen that its
employees' conduct would have resulted in injury to plaintiff Palsgraff. The Court noted that
the plaintiff had sued in her own right for a wrong personal to her, and not as the vicarious
beneficiary of a breach of duty to another.