ESAP法律英語教程-電子教案-Unit09-

1、ESAP法律英語教程-電子教案-Unit09-ESAP法律英語教程-電子教案-Unit09-Skills focusListening using the Cornell note-taking system recognizing digressions in lectures Speaking making effective contributions to a seminar referring to other peoples ideas in a seminarVocabulary focusxed phrases from legal English xed phrases fr

2、om academic EnglishSkills focusVocabulary focus9.1 Vocabulary9.2 Listening9.3 Extending Skills9.4 Extending Skills9.1 Vocabulary9.2 Listening9.3Recognizing fixed phrases from legal English (2)Vocabulary bankMake sure you understand these phrases from legal English. actus reus aggravated burglary app

3、eal court assault and battery bona fide breach of contract claim for damages common law continuous service contract law defamation of character disciplinary procedure employment law employment tribunaljob description judicial precedent maternity leave medium-neutral citationmens rea minimum wage obi

4、ter dictum paternity leave per incuriampersuasive authority ratio decidendi stare decisis statutory invention statutory restriction unfair dismissal wrongful dismissal Recognizing fixed phrases fromRecognizing fixed phrases from academic English (2) Vocabulary bankMake sure you understand these fixe

5、d phrases from general spoken academic English. As we shall see, But the real question is From the point of view of In a case like this, . In terms of In the sense that In this sort of situation, Thats the reason why Increasingly we find that It could be argued that Its true to say that Many people

6、think On the grounds that On the one hand, Research has shown that So it should be clear that That would be great, except To some extent To start with, Recognizing fixed phrases from9.1 VocabularyA Match the words to make fixed phrases. 1 2345678unfairpermitdisciplinaryunionwagedescriptiondismissalp

7、roceduretribunalsettlementfinancialjobtrademinimumemploymentwork9.1 VocabularyA Match the PhraseUsageto start withmany/some people think on the other hand to some extent on the one hand the real question is on the grounds thatin a case like thisin this/that sort of situationto begin talking about se

8、veral pointsB Fixed phrases and the usage9.1 Vocabularyto mention an ideato introduce the second of two ideasto agree only partly with a pointto introduce the first of two ideasto focus on the point which the writer/speaker thinks isthe most importantto give a reason for a pointto talk about certain

9、 circumstancesto talk about a particular examplePhraseUsageto start withmany/s9.1 VocabularyC Look at the pictures on the opposite page.1. What is each persons job with Cheapco?123MD of Cheapco Supermarketscashiermanager at Cheapco9.1 VocabularyC Look at the 456trolley collectorshelf stackerdeli cou

10、nter assistant9.1 VocabularyC Look at the pictures on the opposite page. 1. What is each persons job with Cheapco?456trolley collectorshelf stac9.1 VocabularyC 2. What types of work are likely to be included ineach job description? 3. Why might each person be dismissed? Employment position Job descr

11、iptionPossible reasons for dismissal1 MD of Cheapco Supermarkets 2 Cashier3 Manager at Cheapcostrategic management, i.e., where the company is going in the next 5/10 years; company growth; automationmerger with another company no need for two MDs; steep decline in company profitsworking on the till;

12、 cashing up at the end of shift; learning prices of special items; politeness to customersincompetence; theft; inappropriate clothes; reduction in businesshiring and firing; day-to-day management; organization of work; health and safety concernsclosure of supermarket branch; personality clash with M

13、D9.1 VocabularyC 2. What types 9.1 VocabularyC 2. What types of work are likely to be included ineach job description? 3. Why might each person be dismissed? Employment position Job descriptionPossible reasons for dismissal4 Trolley collector 5 Shelf stacker6 Deli counter assistantcollecting trolley

14、s; making sure there are enough in specific locations; health and safety concernsfrom picture=age; also failure to collect trolleys in a timely fashion; loss of trolleys as a result; leaving trolleys in a dangerous placechecking stock of items on shelves; getting new stock; putting it up neatly; rem

15、oving stock which is near sell-by date; health and safety concernsfrom picture=bad behavior; also theft; stacking dangerously; damaging stockserving customers; understanding pricing systems; health and safety concernsfrom picture=pregnancy; also theft; health and safety problems9.1 VocabularyC 2. Wh

16、at types 1234569.1 VocabularyC 4. Match each person with the correct quote. ABCDEF1234569.1 VocabularyC 4. Mat9.1 VocabularyC 5. Replace the words in italics with a phrase from Exercise B. Afirstly BUsually, C(first point of two contrasting points)C, butDUp to a point EbecauseFthe important thing is

17、 to start with, I asked my line manager On the other hand, they still kick you out when To some extent In this sort of situation/In a case like this, I do all I can to keep staff, On the one hand, they complain about being short-staffed, on the grounds that the real question is 9.1 VocabularyC 5. Re

18、place t9.1 VocabularyD Match the purple words in the extract with the definitions on the opposite page. Contracts of employment and job descriptions are formal documents which companies must produce when there is a dispute.C a formal document setting out the exact terms and conditions under which a

19、person is employedD a detailed list of all the duties that an employee must carry out9.1 VocabularyD Match the pu9.1 VocabularyD Match the purple words in the extract with the definitions on the opposite page. Your employer must have a good reason for dismissing you. You normally cannot claim unfair

20、 dismissal unless you have had one years continuous service. Regardless of the reason for the dismissal, the employer must act fairly and follow the correct procedure.A being sacked from a job in a way that entitles an employee to seek redress from an employment tribunalH the period of time spent wo

21、rking for a company or organizationB the steps that must be taken in order to ensure that the dismissal is fair9.1 VocabularyD Match the pu9.1 VocabularyD Match the purple words in the extract with the definitions on the opposite page. The potentially fair ways of dismissing an employee are for: con

22、duct at work; capability; redundancy; retirement; statutory restriction or another substantial reason.E the way in which an employee fulfils the duties that are required in the jobF dismissal from employment either because your employerno longer needs you or your job no longer existsJ where an emplo

23、yee is prevented from fulfilling the contract of employment, because to do so would break the law9.1 VocabularyD Match the pu9.1 VocabularyD Match the purple words in the extract with the definitions on the opposite page. A substantial reason could be something such as an unresolvable personality cl

24、ash with a colleague.I something that is considered to be of overwhelming importance as grounds for a fair dismissal9.1 VocabularyD Match the pu9.1 VocabularyD Match the purple words in the extract with the definitions on the opposite page. Even if you do not have one years service your dismissal ma

25、y be automatically unfair if, for example, you are sacked because you take statutory paternity leave.G time off work that a father is entitled to following the birth (or adoption) of his child9.1 VocabularyD Match the pu9.1 VocabularyE Complete the table on the right.VerbNoun (s)Adjective(s)agreeagr

26、eement (C/U)agreeablecompromisecompromise (C/U)compromisingdismissdismissal (C/U)dismisseddisputedispute(C/U)disputed/disputableemployemployment(U)employed/employableresolveresolution(C/U)resolvablerestrictrestriction(C/U)restrictedretireretirement(C/U)retiredserveservice(C/U)serviced/serviceableset

27、tlesettlement(C)settled9.1 VocabularyE Complete theA Study the slide on the right. What questions doyou think the lecturer will answer?Have a pair work discussion and read out your questions.9.2 ListeningSee Skills bank.A Study the slide on the rightRecite Review Using the Cornell note-taking system

28、5 RsSkills bankRecord Reduce Reflect Recite Review Using the CornTake notes during the lecture.Skills bankRecord Reduce After the lecture turn the notes into one- or two-word questions or cues which will help you remember the key information.Take notes during the lecture.Say the questions and answer

29、s aloud.Skills bankRecite Reflect Review Decide on the best way to summarize the key information in the lecture.Look again at the key words and the summary (and do this regularly).Say the questions and answers B Listen to Part 1 of the lecture.1. Complete the Notes section at the bottom ofthis page.

30、9.2 Listening請將本單元的音頻和此PPT放在一個單獨的文件夾內(nèi)，點擊小喇叭即可播放音頻。（下同）B Listen to Part 1 of the lectReviewNotesTwo types?Unfair = statutoryAct = ?Where heard?Service?Reasons?Dismissal from employment= 2 types unfair (UD) and wrongful (WD)1) Unfair can be same as WD statutory = 1971 (WD = ) heard in not employee emp

31、loyer = reasons e.g. Example:boss = do this; not your skills do badly dismissedyou = no training, outside job descrip.boss = no train. needed?9.2 ListeningNote-takingIndustrial Relations Actcommon lawemployment tribunalordinary courts1 years continuous servicegood reason + must show reason = genuine

32、conduct, capability, etc.= more later; (reasons = also in WD)ReviewNotesDismissal from emplReviewNotesCompensation?Breach ofcontract? compensation = fixed by e.g. employer must act fairly and follow if not = UD even if not 12 months = unfair if e.g. , etc. can occur without9.2 ListeningNote-takingst

33、atuteformula/multiples of weeks paydismissal procedurespregnant, join trade unionbreach of contractSummary:There are two types of dismissal which can lead to claims for redress by an employee. The first is unfair dismissal which is a statutory concept. Employees must have one years continuous servic

34、e to claim for unfair dismissal. Employers must show they had a good reason for the dismissal, and that they acted fairly in the procedure.ReviewNotesCompensation? compB What is the lecturers story about? Why is itnot given in the notes?9.2 ListeningThe lecturer talks about his own experience of bei

35、ng made redundant. It is not in the notes because it is a digression that is, as a personal experience it is not essential information for the subject.B What is the lecturers storyC Create a blank Cornell diagram.Listen to Part 2 of the lecture.1 Complete the Notes section.2 Write some Review questi

36、ons.3 Complete the Summary section.4 Were your questions in Exercise A answered?9.2 ListeningReviewNotes2) Wrongful employer = breach of contract e.g. incorrect period of notice/inadequate compensation employee = not waived breach = ignored breach of contract = e.g. complete change of job descrip./b

37、ig cut in pay common law of contract defence = e.g. gross misconduct e.g. theft (also defence in UD)Breach of contract?Waiver?Defence?C Create a blank Cornell diaC Create a blank Cornell diagram.9.2 ListeningReviewNotes heard in ordinary courts e.g. county/high precedents = imp.e.g. Gunton v Richmon

38、d 1980G = dismissed; sued for WD no notice but prev. cases = only gets loss of salary instead of notice not damages for treatment/loss of reputation etc.must mitigate loss by getting new job another e.g. = Boyo v Lambeth 1994 comp. i.e. damages common law = restore to original position e.g. sal +UD

39、vs WDUD = 1 yr but not WDUD = statute = 2 stages: (1) fair? + (2) procedure followed? but WD = breach of contractUD = employment tribunal but WD = ordinary court*Wise Group v Mitchell 2005 = diff. between UD and WDCase heard in ?Case law?Compensation?Diffs. UD and WD?C Create a blank Cornell diagrD

40、Study the phrases in column 1 of the purple box. Listen to some sentences from the lecture. Which type of information in column 2 follows each phrase?9.2 ListeningFixed phraseType of information which followsActual words/information1 Increasingly we findthat 2 In terms of 3 As we shall see, 4 It cou

41、ld be argued that a developing trendan aspect of a topic the speaker wants to focus oninformation about a point the speaker will make lateran idea the speaker maynot agree withwhen people do lose their jobs, especially when they believe its through no fault of their own, they want to know how the la

42、w will protect themthe contract of employmentthe courts take a different approach when employees have lost their jobs after being with a company for less than a yearthey simply believed that the employee was incompetentD Study the phrases in column Fixed phraseType of information which followsActual

43、 words/information5 From the point of view of 6 Its true to say that 7 Research has shown that 8 So it should be clear that D Study the phrases in column 1 of the purple box. Listen to some sentences from the lecture. Which type of information in column 2 follows each phrase?9.2 Listeningan aspect o

44、f a topic thespeaker wants to focus ona true statement thespeaker agrees witha true statement thespeaker agrees witha conclusionthe contractthe same reason can also be given in cases of unfair dismissalthe courts did frequently find in favor of the employerthese three major differences have very pra

45、ctical applications for the people who have lost their jobsFixed phraseType of informatioA Mark the main stress in each one. Listen and check your answers.12349.3 Extending skills wrongful, statute, resolve, conduct (n)provision, tribunal, dismissal, damagesemployment law, common law, breach of cont

46、ract, retirement ageactually, generally, usually, demonstrably, cruciallyA Mark the main stress in eaB Study the phrases in box b.9.3 Extending skills1 Do you think the phrases show a digression (start or end) or a relevant point? Write D or R.2 Look at the D phrases. Do they start or end the digres

47、sion?See Skills bank.B Study the phrases in box Recognizing digressions9.3 Extending skillsSkills bankRecognizing the startRecognizing the endThat reminds meI remember onceBy the wayAnyway, where was I ?Back to the point.So, as I was sayingRecognizing digressions9.3 ExtRecognizing digressions9.3 Ext

48、ending skillsSkills bankUnderstanding the relevanceAsking about digressionsOf course, the point of that story isIm sure you can all see that the story showsWhy did I tell that story? Well, What was the point of the story about the legal company?Why did he start talking about note-taking?I didnt get

49、the bit aboutRecognizing digressions9.3 ExtReferring to other peoples ideas9.3 Extending skillsSkills bankName and introducing phrasesWhereWhatAs Selwyn points out To quote Selwyn in Selwyns Law of Employment we can think of unfair dismissal as Referring to other peoples idB Study the phrases in box

50、 b.9.3 Extending skillsD (end)RD(start)D (end)D (start)RD(start)D (end)RRB Study the phrases in box C Listen to the final part of the lecture from Lesson 2 (Part 3).9.3 Extending skills1 Take notes using the Cornell system. Leave spaces if you miss information. Complete the Review and Summary sectio

51、ns.Possible answerC Listen to the final part C Listen to the final part of the lecture from Lesson 2 (Part 3).9.3 Extending skills2 What topic does the lecturer mention that is different from the main subject?3 Why did he mention this topic?4 What is the research task?2 The Cornell note-taking syste

52、m.3 Its important to know how to take good notes.4 Cases that have established precedents for thecommon law approach to wrongful dismissal.C Listen to the final part What information does the lecturer provide about sources? D 9.3 Extending skillsExtract 1Extract 2Extract 3Extract 4Name of writerTitl

53、e and date of source LocationType of referenceRelevant to?Introduci-ng phraseWhat information does the lectA Group the words in the purple box according to their stress pattern.9.4 Extending skillsA Group the words in the purpla job descriptiona terms and conditions of service document an employee a

54、rriving late for work verbal warning from employerB Study items AE on this page, which relate to an employee who is frequently late for work.9.4 Extending skills3ABCa job descriptiona terms and cthe employee receiving a written warning about latenessthe employer dismissing the employee for repeatedl

55、y being lateB Study items AE on this page, which relate to an employee who is frequently late for work.9.4 Extending skillsDEthe employee receiving a writtB What is the relevance of each item to the issue of fair dismissal? What mistakes could an employer make in this case which might lead to a clai

56、m of unfair or wrongful dismissal?9.4 Extending skillsRelevancePossible mistake(s)employee must know how he/she is expected to behave, rights, duties, etc.no terms and conditions or vital parts missinglateness is a possible cause for dismissal; verbal warning is part of a fair disciplinary procedure

57、Not talking to the employee about the problemwritten warning is part of a fair disciplinary procedurenot following the statutory procedures prior to dismissalnot writing to the employee about the problememployee must know what he/she is expected to do in a jobno job description or tasks given which

58、are not in the job descriptionABCDEB What is the relevance of e9.4 Extending skillsC Good ways and bad ways to take part in a seminar9.4 Extending skillsC Good wayD Listen to the four extracts. Say whether each contribution is good or poor. Give reasons for your opinion. Add some more information to

59、 the good contributions.9.4 Extending skills/ReasonsPossibleadditional informationExtract 1 speaks clearly explains the point clearly uses good fixed phrasesstatutory inventioncases heard in an employment tribunalD Listen to the four extractsD Listen to the four extracts. Say whether each contributi

60、on is good or poor. Give reasons for your opinion. Add some more information to the good contributions.9.4 Extending skills/ReasonsPossibleadditional informationExtract 2 doesnt speak clearlyis talking about UD vs WDdoesnt explain the pointD Listen to the four extractsD Listen to the four extracts.