Lawyers rely a great deal on accuracy of language and often require a
precise, well-
structured description of a legal term or concept in their communications,
pleadings, negotiating positions, etc. The Internet can be helpful when
seeking accurate definitions.
Search engines can be used to find definitions
of words, but the results generated may require careful comparison. A
good online dictionary, specific to your needs, can be a very useful tool.
LEARNING SYNOPSIS
This exercise addresses the availability, use and
reliability of dictionaries and language tools to research legal English
terms and concepts.
EXERCISE
You represent a client who manages pension funds
for global airline companies. She is facing financial difficulties due
to the changing economic climate and ill-advised investments. Your client's
portfolio consists, among other things, of a number of domestic and foreign
debt instruments issued by corporations and governments.
A portfolio manager working for your client
has called you with the unfortunate news that one of the corporate issuers
of debentures in his portfolio is facing imminent financial collapse.
He further explains that the corporate issuer is an international supplier
of solid state electronics, and has been financially restructured several
times in recent years due to the financial pressures brought on by competition
from integrated electronics technologies.
The fund portfolio contains debentures issued
on both sides of the Atlantic; the issuer operates in the United States
as a corporation, and in the United Kingdom as a limited liability company.
Your client is worried because the statutory
capital adequacy of the fund is already close to breaking point. In preparing
an emergency meeting of the board of directors of the pension fund, the
portfolio manager wants a brief, informative memo regarding the collateral
status of debentures.
1) In order to prepare the memo, you will
need to find out whether your client will be protected as a secured creditor.
To answer the question, find out:
a) Is a debenture in the UK the
same as in the US?
b) Will the client be protected as a secured
creditor in both countries?
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