1、ESAP法律英语教程-电子教案-Unit09-Skills focusSkills focusListeningListening using the Cornell note-taking system recognizing digressions in lectures SpeakingSpeaking making effective contributions to a seminar referring to other peoples ideas in a seminarVocabulary focusVocabulary focusfixed phrases from lega
2、l English fixed phrases from academic English9.1 Vocabulary9.1 Vocabulary9.2 Listening9.2 Listening9.3 Extending Skills9.3 Extending Skills9.4 Extending Skills9.4 Extending SkillsRecognizing fixed phrases from legal Recognizing fixed phrases from legal English(2)English(2)Vocabulary bankVocabulary b
3、ankMake sure you understand these phrases from legal English.Make sure you understand these phrases from legal English.actus reus aggravated burglary appeal court assault and battery bona fide breach of contract claim for damages common law continuous service contract law defamation of character dis
4、ciplinary procedure employment law employment tribunaljob description judicial precedent maternity leave medium-neutral citationmens rea minimum wage obiter dictum paternity leave per incuriampersuasive authority ratio decidendi stare decisis statutory invention statutory restriction unfair dismissa
5、l wrongful dismissal Recognizing fixed phrases from Recognizing fixed phrases from academic English(2)academic English(2)Vocabulary bankVocabulary bankMake sure you understand these fixed phrases from general spoken Make sure you understand these fixed phrases from general spoken academic English.ac
6、ademic 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 think On the grounds that On the one
7、hand,Research has shown that So it should be clear that That would be great,except To some extent To start with,9.1 VocabularyA A Match the words to make fixed phrases.1 2345678unfairpermitdisciplinaryunionwagedescriptiondismissalproceduretribunalsettlementfinancialjobtrademinimumemploymentworkPhras
8、ePhraseUsageUsageto 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 several pointsB B Fixed phrases and the usage9.1 Vocabularyto mention an ideato introd
9、uce 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 circumstancesto talk about a particular example9.1 VocabularyC C Look at the pict
10、ures on the opposite page.1.What is each persons job with Cheapco?123MD of Cheapco Supermarketscashiermanager at Cheapco456trolley collectorshelf stackerdeli counter assistant9.1 VocabularyC Look at the pictures on the opposite page.1.What is each persons job with Cheapco?9.1 VocabularyC 2.What type
11、s of work are likely to be included ineach job description?3.Why might each person be dismissed?1 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 M
12、Ds;steep decline in company profitsworking on the till;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 o
13、f supermarket branch;personality clash with MD9.1 VocabularyC 2.What types of work are likely to be included ineach job description?3.Why might each person be dismissed?4 Trolley collector 5 Shelf stacker6 Deli counter assistantcollecting trolleys;making sure there are enough in specific locations;h
14、ealth 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;removing stock which is near sell-by date;health and safety conce
15、rnsfrom picture=bad behavior;also theft;stacking dangerously;damaging stockserving customers;understanding pricing systems;health and safety concernsfrom picture=pregnancy;also theft;health and safety problems1234569.1 VocabularyC 4.Match each person with the correct quote.9.1 VocabularyC C 5.Replac
16、e the words in italics with a phrase from Exercise B.firstly Usually,(first point of two contrasting points),butUp to a point becausethe important thing is 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 thi
17、s,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 VocabularyD D Match the purple words in the extract with the definitions on the opposite page.Contracts of employment and job descriptions are formal documents which co
18、mpanies must produce when there is a dispute.C a formal document setting out the exact terms and conditions under which a person is employedD a detailed list of all the duties that an employee must carry out9.1 VocabularyD D Match the purple words in the extract with the definitions on the opposite
19、page.Your employer must have a good reason for dismissing you.You normally cannot claim unfair 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 e
20、ntitles an employee to seek redress from an employment tribunalH the period of time spent working for a company or organizationB the steps that must be taken in order to ensure that the dismissal is fair9.1 VocabularyD D Match the purple words in the extract with the definitions on the opposite page
21、.The potentially fair ways of dismissing an employee are for:conduct 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 l
22、onger needs you or your job no longer existsJ where an employee is prevented from fulfilling the contract of employment,because to do so would break the law9.1 VocabularyD D Match the purple words in the extract with the definitions on the opposite page.A substantial reason could be something such a
23、s an unresolvable personality clash with a colleague.I something that is considered to be of overwhelming importance as grounds for a fair dismissal9.1 VocabularyD D Match the purple words in the extract with the definitions on the opposite page.Even if you do not have one years service your dismiss
24、al may 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 VocabularyE E Complete the table on the right.VerbNoun(s)Adjective(s)agreeagreement(C/U)agreeablecompro
25、misecompromise(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/serviceablesettlesettlement(C)settledA A St
26、udy 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.Recite Review Using the Cornell note-taking system5 RsSkills bankSkills bankRecord Reduce Reflect Take notes during the lecture.Skills b
27、ankSkills bankRecord Reduce After the lecture turn the notes into one-or two-word questions or cues which will help you remember the key information.Say the questions and answers aloud.Skills bankSkills bankRecite Reflect Review Decide on the best way to summarize the key information in the lecture.
28、Look again at the key words and the summary(and do this regularly).B L i s t e n t o P a r t 1 o f t h e l e c t u r e.1.Complete the Notes section at the bottom ofthis page.9.2 Listening请将本单元的请将本单元的音频和此音频和此PPT放放在一个单独的在一个单独的文件夹内，点文件夹内，点击小喇叭即可击小喇叭即可播放音频。（播放音频。（下同）下同）ReviewNotesTwo types?Unfair=statut
29、oryAct=?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 employer=reasons e.g.Example:boss=do this;not your skills do badly dismissedyou=no training,outside job descrip.boss=no train.needed?9.2
30、 ListeningNote-takingIndustrial Relations Actcommon lawemployment tribunalordinary courts1 years continuous servicegood reason+must show reason=genuineconduct,capability,etc.=more later;(reasons=also in WD)ReviewNotesCompensation?Breach ofcontract?compensation=fixed by e.g.employer must act fairly a
31、nd follow if not=UD even if not 12 months=unfair if e.g.,etc.can occur without9.2 ListeningNote-takingstatuteformula/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 f
32、irst is unfair dismissal which is a statutory concept.Employees must have one years continuous service to claim for unfair dismissal.Employers must show they had a good reason for the dismissal,and that they acted fairly in the procedure.B B What is the lecturers story about?Why is itnot given in th
33、e notes?9.2 ListeningThe lecturer talks about his own experience of being 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.C C Create a blank Cornell diagram.Listen to Part 2 of the lecture.1 Complete th
34、e Notes section.2 Write some Review questions.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=plete
35、change of job descrip./big 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 C Create a blank Cornell diagram.9.2 ListeningReviewNotes heard in ordinary courts e.g.county/high precedents=imp.e.g.Gunton v Richmond 1980G=dis
36、missed;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 vs WDUD=1 yr but not WDUD
37、=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?D D Study the phrases in column 1 of the purple box.Listen to some sentences fro
38、m 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 could be argued that a developing trendan aspect of a topic the speaker wants to f
39、ocus 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 law will protect themthe contract of employmentthe courts take a different approach
40、 when employees have lost their jobs after being with a company for less than a yearthey simply believed that the employee was incompetentFixed phraseType of information which followsActual words/information5 From the point of view of 6 Its true to say that 7 Research has shown that 8 So it should b
41、e clear that D 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 of a topic thespeaker wants to focus ona true statement thespeaker agrees witha true statement thespeaker agrees
42、 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 practical applications for the people who have lost their jobsA A Mark the main stress in each one.Mark the main s
43、tress in each one.Listen and check your answers.Listen and check your answers.12349.3 Extending skills wrongful,statute,resolve,conduct(n)provision,tribunal,dismissal,damagesemployment law,common law,breach of contract,retirement ageactually,generally,usually,demonstrably,cruciallyB B Study the phra
44、ses in box b.Study the phrases in box b.9.3 Extending skills1 Do you think the phrases show a digression(start or end)or a 1 Do you think the phrases show a digression(start or end)or a relevant point?Write D or R.relevant point?Write D or R.2 Look at the D phrases.Do they start or end the digressio
45、n?2 Look at the D phrases.Do they start or end the digression?See Skills bank.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 saying Recognizing digressions9.3 Exten
46、ding 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 the b
47、it about Referring 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 B B Study the phrases in box b.Study the phrases in box b.9.3 Extending skillsD(end)RD(st
48、art)D(end)D(start)RD(start)D(end)RRC C Listen to the final part of the lecture Listen to the final part of the lecture from Lesson 2(Part 3).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 sections.C
49、 C Listen to the final part of the lecture Listen to the final part of the lecture from Lesson 2(Part 3).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?What informati
50、on does the lecturer provide What information does the lecturer provide about sources?about sources?D D 9.3 Extending skillsExtract 1Extract 2Extract 3Extract 4Name of writerTitle and date of source LocationType of referenceRelevant to?Introduci-ng phraseA A Group the words in the purple box Group t
