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Universitatea „Petre Andrei” din Iaşi Facultatea de Drept

English for Law Year I

First Semester

Profesor: Lect. univ. drd. Roxana Patraş

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� Cursul English for Law se adresează studenţilor de anul I ai Facultăţii de Drept din cadrul Universităţii „Petre Andrei” din Iaşi.

� Evaluarea studenţilor însumează media aritmetică a temelor de control (50%) şi nota la examen (50%)

� Structura cursului urmăreşte: A. Prezentarea unor noţiuni de morfologie – Construcţii verbale (Grammar Briefing – Verb Phrase)

1. Classification of Verbs: The Basic Forms of the Verb; Regular and Irregular Verbs; Full and Auxiliary Verbs; Transitive and Intransitive Verbs; 2. The Conjugation of the English Verb: Personal and Impersonal Moods; Simple and Compound Tenses; Common and Continuous Aspect.

B. Aprofundarea unor noţiuni de vocabular specifice domeniului juridic

(Law Terminology) 1. English in Courts of Justice: The British Court System; The American Court System; The Romanian Court System

2. English for Lawyers: People in the Law; Principles and Types of Laws C. Anexe (Appendices): 1. List of irregular verbs frequently used in juridical idioms; 2. Further Practice: exercises and applications; 3. International Law Glossary; 4. Table of Tenses. � BIBLIOGRAFIE: • Michael Brookes, David Holden & Wesley Hutchinson, Engleza pentru jurişti,

traducere de Cristina Anghel, Bucureşti, Teora, 2007; • Professional English in Use. Law, Cambridge, Cambridge University Press,

www.cambridge.org; • Amy Krois-Lindner & TransLegal, International Legal English. A course for

classroom and self-study use, Cambridge, Cambridge University Press, www.cambridge.org;

• Tom Hutchinson and Allan Waters, English for Specific Purposes. A learning-centered approach, Cambridge, Cambridge University Press, www.cambridge.org;

• Dan Dumitrescu, Dicţionar juridic. Englez- Român / Român – Englez, Bucureşti, Akademos Art, 2009;

• Leon Leviţchi, Gramatica limbii engleze, Bucureşti, Teora, 2010; • Lazlo Budai, Gramatica engleză. Teorie şi exerciţii , Bucureşti, Teora, 2008; • Constantin Paidos, English Grammar. Theory and Practice, ed. a III-a, Iaşi,

Polirom, 2001. • Rawdon Wyatt, Check your English Vocabulary for Law, Third Edition,

London, A.&C Black, 2006

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A. Prezentarea unor noţiuni de morfologie Construcţii verbale (Grammar Briefing – Verb Phrase)

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CLASSIFICATION OF VERBS:

REGULAR vs IRREGULAR; FULL vs AUXILIARY; TRANSITIVE vs. INTRANSITIVE

1. The Basic Forms of the Verb:

In order to conjugate the English verb, the student must keep in mind the three principal forms which he/she can find in all dictionaries: For the regular verbs the second and the third forms are made by adding “–ed” to the first form (the infinitive).

EX: -to sustain (a admite) → sustained (a admis)→ sustained (admis) [to sustain an objection – a admite o obiecţie] -to imprison (a întemniţa) → imprisoned → imprisoned

EXCEPTIONS: There are several exceptions to the regular spelling:

1. verbs ended in “-e” get only a final “-d”: EX: -to sentence (a condamna) → sentenced → sentenced

[to sentence somebody to death/ to prison – a condamna pe cineva la moarte/ la închisoare] -to inquire (a întreba, a cerceta) → inquired → inquired [to inquire into – a face cercetări cu privire la ]

2. some verbs ended in stressed “-r”, “-n”, “-t”; “-l”, “-ap” or “-s” double the last consonant:

EX: -to disbar (a revoca din barou) → disbarred → disbarred -to plan (a planifica) → planned → planned

[to plan a meeting – a planifica o întâlnire] -to cancel (a anula, a stinge o datorie, a nulifica) → cancelled → cancelled [to cancel a transaction/ a contract/ a debt – a anula o tranzacţie/ un contract/ o datorie] -to submit (a supune) → submitted → submitted [to submit to arbitration - a supune arbitrării; to submit to the court – a prezenta/preda instanţei] -to kidnap (a răpi) → kidnapped → kidnapped -to focus (a se concentra) → focussed/focused → focussed/focused [to focus an investigation on a suspect – a concentra investigaţia asupra unui suspect] -to bias (a influenţa) → biassed/biased → biassed/biased [to bias a decision/a choice – a influenţa o decizie]

3. some verbs ended in “-y” get a final “-ied”: EX: -to try (a încerca, a supune) → tried → tried

[to try a case before a judge/a jury – a suspune un caz deliberării unui judec ător/ unui juriu ] -to apply (a aplica, a cere, a solicita, a petiţiona) → applied → applied

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[to apply for a loan – a solicita un împrumut; to apply for a retrial – a face a apel; to a apply for a review of a case to a higher court – a face apel la o instanţă mai înaltă] -to study → studied → studied

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2. Regular and Irregular Verbs

Whereas regular verbs abide a law of formation (“-ed” ending), irregular verbs do not observe the same rule. Although they also have three forms, irregular verbs depart from the usual pattern of inflection.

EX: -to abide (a se conforma, a se supune) → abode/ abided → abode/ abided [to abide by a law – a se supune unei legi; to abide by the judge’s decision – a se

supune deciziei judecătorului ] -to bring (a aduce, a soluţiona, a da, a determina) → brought → brought [to bring verdict to – a da o sentinţă; to bring to confession – a determina o confesiune; to bring a charge/ a legal action/ a suit/ an appeal – a acuza; a intenta un proces] -etc. [For the complete list of irregular verbs which go into idiomatic constructions see Appendix 1]

3. Full and Auxiliary Verbs

Full verbs (or ordinary/ content verbs) are those which have a meaning of their own and can form predicates by themselves:

EX: to commit an offense/ a breach of the law/ a debauch [He committed an offense against the State]

to prosecute for criminal offense [He was prosecuted by the Prosecution Department from The Court of Law Iaşi]

Auxiliary verbs have no independent meanings, but help to build the compound forms of the English verb (for tenses and moods). They can be divided, at their turn, in “tense-formers” and “mood-formers”.

a. The tense-formers are: EX: -to be

First form: I am, you are, he/she/it is; we are, you are, they are Second Form: I/he/she/it was, we/you/they were Third Form: been -to have First Form: I/you/we/you/ they have; he/she/it has Second Form: I/you/he/she/it/we/you/they had Third Form: had -to do First Form: I/you/we/you/ they do; he/she/it does Second Form: I/you/he/she/it/we/you/they did Third Form: done -to use Second Form: used to (I used to smoke a lot) -shall, will

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First Form: I shall sue him for the damage which his breach of contract causes. You/he/she/ (it)/ we/ you/ they will solicit money after the trial is judged.

Second Form: I/you/he/she/(it)/we/you/they should sue him for the infringement of the law. He said I/you/he/she/(it)/we/you/they would solicit money after the trial is judged.

b. The mood-formers (modals) are:

EX: -can: First form: I/you/he/she/(it)/we/you/they can hear an action brought

against a defendant accused of murder. Second form: I/you/he/she/(it)/we/you/they could bring an action to

court for compensation. -may

First Form: I/you/he/she/(it)/we/you/they may be released on parole/ on bail.

Second Form: I/you/he/she/(it)/we/you/they might plead not guilty. -must First Form: I/you/he/she/(it)/we/you/they must follow the previous

decisions of the courts. -ought (to) First Form: I/you/he/she/(it)/we/you/they ought to extinct the sanction. -have (to) First Form: I/you/he/she/(it)/we/you/they have to qualify to plead on

behalf of clients Second Form: I/you/he/she/(it)/we/you/they had to deal with wage

disputes. -need (to) First Form: I/you/he/she/(it)/we/you/they need(s) to proscribe the death

penalty. Second Form: I/you/he/she/(it)/we/you/they needed to prescribe the

restrictive clauses of the contract.

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4. Transitive and Intransitive Verbs: Transitive verbs are those verbs which transfer the effect of an action upon an object/ person:

EX: The judge reversed the decision. The plaintiff (the claimant) suits the defendant. Intransitive verbs are those verbs which do not transfer the effect of an action upon an object/ person (usually they are phrasal verbs that change the basic meaning):

EX: The prosecutor sits in judgment on the defendant’s patent facts. The matter fell outside’s court jurisdiction. The defendant’s lawyer brings the procedure to end. By default, the accused was cast to paying damages to the claimant. The judge gave up to bribery.

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THE CONJUGATION OF THE ENGLISH VERB:

PERSONAL vs. IMPERSONAL MOODS; SIMPLE vs. COMPOUND TENSES; COMMON vs. CONTINOUS ASPECT

1. Personal and Impersonal Moods The impersonal moods of the English verb are mobile enough to turn into adjectives, adverbs or nouns. The impersonal moods are: -The Infinitive (Infinitivul) or the First form of a verb:

EX: to file (an amendment/ a complaint/ a document/ a fee/ an injunction); to withdraw (a case/ a charge). -The Participle (Participiul) or the Third Form of a verb:

EX: filed; withdrawn. -The Gerund (Gerunziul) which forms with an „-ing” ending:

EX: filing; withdrawing. The personal moods of the English verb are determined by Person (Persoană), Number (Număr), Tense (Timp), Voice (Diateză), Aspect (Aspect). As a rule for the regular verbs the person and number forms are identical, excepting the third person singular (he/ she/ it) that acquire a final “-s”:

EX: to require (a quorum) I require

You require He/she/ it require (s) We require You require They require Moods show the attitude of the speaker towards the content of the utterance. The indicative mood (Indicativul ) has 6 tenses, each of them with its common and continuous aspect. Consequently the English verb has 12 distinctive forms for: Present (Prezentul); Present Continuous (Prezentul continuu), Present Perfect (Prezentul perfect); Present Perfect Continuous (Prezentul perfect continuu), Past (Trecutul nedefinit); Past Continuous (Trecutul Continuu), Past Perfect (Mai mult ca perfectul); Past Perfect Continuous (Mai mult ca perfectul continuu), Future (Viitorul apropiat); Future Continuous (Viitorul continuu); Future Perfect (Viitorul anterior); Future Perfect Continuous (Viitorul anterior continuut). (See below the in Appendix THE TABLE OF TENSES)

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The Conditional mood (Conditionalul ) and the Subjunctive Mood (Conjunctivul ) form with auxiliaries „should” and „would”.

EX: But for the bylaws of the Company, we should grant the permission to unseal the

documents. They would like to file the writ of execution. The Imperative Mood takes the present form of the verb. It is used to give orders or to make requests.

EX: Call the meeting!

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2. Simple and Compound Tenses There are two Simple tenses of the English Verb: 1. The Present Tense (First Form) expresses an action/state which is

made in the present of speech: EX

Affirmative Negative Interrogative I assert my right to speak freely (Eu îmi afirm dreptul de a vorbi liber). You assert your right to speak freely. He/She/ It asserts his/her/its right to speak freely. We assert our right to speak freely. You assert your right to speak freely. They assert their right to speak freely.

I do not assert my right to speak freely (Eu nu îmi afirm dreptul de a vorbi liber). You do not assert your right to speak freely. He/ She/ It does not assert his/her/its right to speak freely. We do not assert our right to speak freely. You do not assert your right to speak freely. They do not assert their right to speak freely.

Do I assert my right to speak freely? (Îmi afirm dreptul de a vorbi liber?) Do you assert your right to speak freely? Does he/she/it assert his/her/its right to speak freely? Do we assert our right to speak freely? Do you assert your right to speak freely? Do they assert their right to speak freely?

Affirmative Negative Interrogative I hold in custody the drunken driver (Îl ţin în custodie pe şoferul beat). You hold in custody the drunken driver. He/ She/ It holds in custody the drunken driver. We hold in custody the drunken driver. You hold in custody the drunken driver. They hold in custody the drunken driver.

I do not hold in custody the drunken driver (Nu îl ţin în custodie pe şoferul beat) You do not hold in custody the drunken driver. He/She/It does not hold in custody the drunken driver. We do not hold in custody the drunken driver You do not hold in custody the drunken driver. They do not hold in custody the drunken driver.

Do I hold in custody the drunken driver? (Îl ţin în custodie pe şoferul beat?) Do you hold in custody the drunken driver. Does he/she/it hold in custody the drunken driver? Do we hold in custody the drunken driver? Do you hold in custody the drunken driver? Do they hold in custody the drunken driver?

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2. The Past Tense (Second Form) expresses an action/state which is

made in a specified moment of the past: EX:

Affirmative Negative Interrogative I asserted my right to speak freely (Eu mi-am afirmat dreptul de a vorbi liber). You asserted your right to speak freely. He/She/ It asserted his/her/its right to speak freely. We asserted our right to speak freely. You asserted your right to speak freely. They asserted their right to speak freely.

I did not assert my right to speak freely (Nu mi-am afirmat dreptul de a vorbi liber). You did not assert your right to speak freely. He/She/ It did not assert his/her/its right to speak freely. We did not assert our right to speak freely. You did not assert your right to speak freely. They did not assert their right to speak freely.

Did I assert my right to speak freely? (Mi-am afirmat dreptul de a vorbi liber?) Did you assert your right to speak freely? Did he/she/it assert his/her/its right to speak freely? Did we assert our right to speak freely? Did you assert your right to speak freely? Did they assert their right to speak freely?

Affirmative Negative Interrogative I held in custody the drunken driver (L-am ţinut în custodie pe şoferul beat). You held in custody the drunken driver. He/ She/ It held in custody the drunken driver. We held in custody the drunken driver. You held in custody the drunken driver. They held in custody the drunken driver.

I did not hold in custody the drunken driver (Nu l-a ţinut în custodie pe şoferul beat). You did not hold in custody the drunken driver. He/She/It did not hold in custody the drunken driver. We did not hold in custody the drunken driver. You did not hold in custody the drunken driver. They did not hold in custody the drunken driver.

Did I hold in custody the drunken driver? (L-am ţinut în custodie pe şoferul beat?) Did you hold in custody the drunken driver? Did he/she/it hold in custody the drunken driver? Did we hold in custody the drunken driver? Did you hold in custody the drunken driver? Did they hold in custody the drunken driver?

There are 10 compound tenses of the English Verb and they form as follows:

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1. The Present Continuous (prezentul continuu) expresses a durative action/state which happens in the moment of speech. It forms with the auxiliary verb “to be” (First Form) + the “-ing” Form of the verb.

EX: Affirmative Negative Interrogative I am having a writ served to the client. (Trimit chiar acum citaţia clientului) You are having a writ served to the client. He/She/It is having a writ served to the client. We are having a writ served to the client. You are having a writ served to the client. They are having a writ served to the client.

I am not having a writ served to the client. (Nu trimit chiar acum citaţia clientului) You are not having a writ served to the client. He/She/It is not having a writ served to the client. We are not having a writ served to the client. You are not having a writ served to the client. They are not having a writ served to the client.

Am I having a writ served to the client? (Trimit chiar acum citaţia clientului?) Are you having a writ served to the client? Is he/She/It having a writ served to the client? Are we having a writ served to the client? Are you having a writ served to the client? Are they having a writ served to the client?

2. The Present Perfect (prezentul perfect) expresses an action/state which happened in the past but carries its consequences in the present. It forms with the auxiliary verb “to have” (First Form) + the Third Form of the verb.

EX: Affirmative Negative Interrogative I have made a statement. (Tocmai am depus mărturie) You have made a statement. He/She/it has made a statement. We have made a statement. You have made a statement. They have made a statement.

I have not made a statement (Nu am depus mărturie adineaori). You have not made a statement. He/She/it has not made a statement. We have not made a statement. You have not made a statement. They have not made a statement.

Have I made a statement? (Am depus mărturie adineaori?) Have you made a statement? Has he/She/it made a statement? Have we made a statement? Have you made a statement? Have they made a statement?

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Affirmative Negative Interrogative I have filed a claim to the Police. (Tocmai am depus o plângere la poliţie) You have filed a claim to the Police. He/She/It has filed a claim to the Police. We have filed a claim to the Police. You have filed a claim to the Police. They have filed a claim to the Police.

I have not filed a claim to the Police. (Nu am depus o plângere la poliţie adineaori) You have not filed a claim to the Police. He/She/It has not filed a claim to the Police. We have not filed a claim to the Police. You have not filed a claim to the Police. They have not filed a claim to the Police.

Have I filed a claim to the Police? (Am depus o plângere la poliţie adineaori?) Have you filed a claim to the Police? Has he/she/It filed a claim to the Police? Have we filed a claim to the Police? Have you filed a claim to the Police? Have they filed a claim to the Police?

3. The Present Perfect Continuous expresses actions/states which started in the past and continue in the present. It forms with two auxiliary verbs “to have” + “to be” (Third Form) + “-ing” Form of the verb

EX:

Affirmative Negative Interrogative I have been getting through a bar examination since 5 o’clock. (Sunt supus unei interogări la bară începând cu ora 5). You have been getting through a bar examination since 5 o’clock. He/she/it has been getting through a bar examination since 5 o’clock. We have been getting through a bar examination since 5 o’clock. You have been getting through a bar examination since 5 o’clock. They have been getting through a bar examination since 5 o’clock.

I have not been getting through a bar examination since 5 o’clock. (Nu sunt supus unei interogari la bară începând cu ora 5). You have not been getting through a bar examination since 5 o’clock. He/she/it has not been getting through a bar examination since 5 o’clock. We have not been getting through a bar examination since 5 o’clock. You have not been getting through a bar examination since 5 o’clock. They have not been getting through a bar examination since 5

Have I been getting through a bar examination since 5 o’clock? (Sunt supus unei interogări la bară începând cu ora 5?). Have you been getting through a bar examination since 5 o’clock? Has he/she/it been getting through a bar examination since 5 o’clock? Have we been getting through a bar examination since 5 o’clock? Have you been getting through a bar examination since 5 o’clock? Have they been getting through a bar examination since 5 o’clock?

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o’clock. 4. The Past Continuous expresses a durative action/state in the past. It forms with the auxiliary verb “to be” (Second Form) + “-ing” Form of the verb

EX: Affirmative Negative Interrogative I was lodging an appeal to the Court of Appeals. (Depuneam un recurs la Curtea de apel) You were lodging an appeal to the Court of Appeals. He/she/it was lodging an appeal to the Court of Appeals. We were lodging an appeal to the Court of Appeals. You were lodging an appeal to the Court of Appeals. They were lodging an appeal to the Court of Appeals

I was not lodging an appeal to the Court of Appeals.(Nu depuneam un recurs la Curtea de apel) You were not lodging an appeal to the Court of Appeals. He/she/it was not lodging an appeal to the Court of Appeals. We were not lodging an appeal to the Court of Appeals. You were not lodging an appeal to the Court of Appeals. They were not lodging an appeal to the Court of Appeals

Was I lodging an appeal to the Court of Appeals? (Depuneam un recurs la Curtea de apel?) Were you lodging an appeal to the Court of Appeals? Was he/she/it lodging an appeal to the Court of Appeals? Were we lodging an appeal to the Court of Appeals? Were you lodging an appeal to the Court of Appeals? Were they lodging an appeal to the Court of Appeals?

5. The Past Perfect expresses an action/state initiated and finished before another past action/state. It forms with the auxiliary verb “to have” (Second Form) + the Third Form of the verb

EX: Affirmative Negative Interrogative I had discharged the defendant from all liability . (Am desărcinat inculpatul de orice răspundere). You had discharged the defendant from all liability . He/She/It had discharged the defendant from all liability . We had discharged the defendant from all

I had not discharged the defendant from all liability . (Nu am desărcinat inculpatul de orice răspundere). You had not discharged the defendant from all liability . He/She/It had not discharged the defendant from all liability . We had not discharged the defendant from all

Had I discharged the defendant from all liability? (Am desărcinat inculpatul de orice răspundere?). Had you discharged the defendant from all liability? Had he/She/It discharged the defendant from all liability? Had we discharged the defendant from all

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liability . You had discharged the defendant from all liability . They had discharged the defendant from all liability .

liability . You had not discharged the defendant from all liability . They had not discharged the defendant from all liability .

liability? Had you discharged the defendant from all liability? Had they discharged the defendant from all liability?

Affirmative Negative Interrogative I had found a substantial proof (Am gasit o probă concludentă). You had found a substantial proof. He/she/it had found a substantial proof. We had found a substantial proof. You had found a substantial proof. They had found a substantial proof.

I had not found a substantial proof (Nu am gasit o probă concludentă). You had not found a substantial proof. He/she/it had not found a substantial proof. We had not found a substantial proof. You had not found a substantial proof. They had not found a substantial proof.

Had I found a substantial proof? (Am gasit o probă concludentă). Had you found a substantial proof? Had he/she/it found a substantial proof? Had we found a substantial proof? Had you found a substantial proof? Had they found a substantial proof?

6. The Past Perfect Continuous expresses durative actions/states from the past which started before another past action/state. It forms with the auxiliary verb “to have” (Second Form) + “to be” (Third Form) + “-ing” Form of the verb.

EX: Affirmative Negative Interrogative I had been writing a minute. (Scriam un proces verbal) You had been writing a minute. He/she/it had been writing a minute. We had been writing a minute. You had been writing a minute. They had been writing a minute.

I had not been writing a minute. (Nu scriam un proces verbal) You had not been writing a minute. He/she/it had not been writing a minute. We had not been writing a minute. You had not been writing a minute. They had not been writing a minute.

Had I been writing a minute? (Scriam un proces verbal?) Had you been writing a minute? Had he/she/it been writing a minute? Had we been writing a minute? Had you been writing a minute? Had they been writing a minute?

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7. The Future Tense expresses actions/states which will start after the moment of speech. It forms with the auxiliaries “shall/ will”+ the First Form of the verb.

EX: Affirmative Negative Interrogative I shall/ will comply with the enforceable judgment of the Court. (Voi respecta hotărârea executorie a curţii). You will comply with the enforceable judgment of the Court. He/she/it will comply with the enforceable judgment of the Court. We shall/will comply with the enforceable judgment of the Court. You will comply with the enforceable judgment of the Court. They will comply with the enforceable judgment of the Court.

I shall/ will not comply with the enforceable judgment of the Court. (Nu voi respecta hotărârea executorie a curţii). You will not comply with the enforceable judgment of the Court. He/she/it will not comply with the enforceable judgment of the Court. We will/shall not comply with the enforceable judgment of the Court. You will not comply with the enforceable judgment of the Court. They will not comply with the enforceable judgment of the Court.

Shall/ will I comply with the enforceable judgment of the Court? (Voi respecta hotărârea executorie a curţii?). Will you comply with the enforceable judgment of the Court? Will he/she/it comply with the enforceable judgment of the Court? Shall/ Will we comply with the enforceable judgment of the Court? Will you comply with the enforceable judgment of the Court? Will they comply with the enforceable judgment of the Court?

Note that:

In legal documents, the verb shall is used to indicate obligation, to express a promise or to make a declaration to which the parties involved are legally bound. This use differs from that in everyday speech, where it is most often used to make offers (Shall I open the window?) or to refer to the future (I shall miss you), although this latter use is less frequent in modern English. In legal texts, shall usually expresses the meaning of “must” (obligation): Every notice of the meeting of the shareholders shall state the place, date and hour, or “will” (in the sense of a promise): The board of directors shall have the power to enact bylaws. Shall can also be used in legal texts to refer to a future action or state: ... until two years shall have expired since such action by vote of such shareholders.

In everyday speech, this future meaning is commonly expressed using only the present perfect (... until two years have expired ...). Another verb commonly found in legal documents is may, which generally

expresses permission, in the sense of “can” (this use is less common in everyday English): ... any bylaw or amendment thereto as adopted by the Board of Directors may be altered, amended or repealed by a vote of the shareholders.

In everyday English, may is sometimes used as a substitute for might, indicating probability (He may want to see the document).

8. The Future Continuous expresses durative future actions/states. It forms with the auxiliary “shall/will” + “to be” (Infinitive invariable form - BE) + “-ing” Form of the verb.

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EX: Affirmative Negative Interrogative Tomorrow I will/shall be calling the cause on the roll to the Supreme Court of Justice all day long. (Toată ziua de mâine voi pune procesul pe rol la Curtea Supremă de Justiţie). Tomorrow you will be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow he/she/it will be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow we will be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow you will be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow they will be calling the cause on the roll to the Supreme Court of Justice all day long.

Tomorrow I will not be calling the cause on the roll to the Supreme Court of Justice all day long. (Mâine nu voi pune procesul pe rol la Curtea Supremă de Justiţie). Tomorrow you will not be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow he/she/it will not be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow we will not be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow you will not be calling the cause on the roll to the Supreme Court of Justice all day long. Tomorrow they will not be calling the cause on the roll to the Supreme Court of Justice all day long.

Will I be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow? (Mâine voi pune procesul pe rol la Curtea Supremă de Justiţie?). Will you be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow? Will he/she/it be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow? Will we be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow? Will you be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow? Will they be calling the cause on the roll to the Supreme Court of Justice all day long tomorrow?

9. The Future Perfect expresses a completed action/state before another action/state in the future. It forms with the auxiliary “shall/will”+ “to have” (Infinitive invariable form - HAVE ) + The Third Form of the verb.

EX: Affirmative Negative Interrogative I shall/will have cancelled the contract. (Voi fi reziliat contractul.) You will have cancelled the contract. He/she/it will have cancelled the contract. We shall/will have

I shall/will not have cancelled the contract. (Nu voi fi reziliat contractul.) You will not have cancelled the contract. He/she/it will not have cancelled the contract.

Shall/will I have cancelled the contract? (Voi fi reziliat contractul?) Will you have cancelled the contract? Will he/she/it have cancelled the contract? Shall/will we have

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cancelled the contract. You will have cancelled the contract. They will have cancelled the contract.

We shall/will not have cancelled the contract. You will not have cancelled the contract. They will not have cancelled the contract.

cancelled the contract? Will you have cancelled the contract? Will they have cancelled the contract?

Affirmative Negative Interrogative I shall/will have borne record of the deed of discharge. (Voi fi certificat despre actul de descărcare a obligaţiei.) You will have borne record of the deed of discharge. He/she/it will have borne record of the deed of discharge. We shall/will have borne record of the deed of discharge. You will have borne record of the deed of discharge. They will have borne record of the deed of discharge.

I shall/will not have borne record of the deed of discharge. (Nu voi fi certificat despre actul de descărcare a obligaţiei.) You will not have borne record of the deed of discharge. He/she/it will not have borne record of the deed of discharge. We shall/will not have borne record of the deed of discharge. You will not have borne record of the deed of discharge. They will not have borne record of the deed of discharge.

Shall/will I have borne record of the deed of discharge? (Voi fi certificat despre actul de descărcare a obligaţiei?) Will you have borne record of the deed of discharge? Will he/she/it have borne record of the deed of discharge? Shall/will we have borne record of the deed of discharge? Will you have borne record of the deed of discharge? Will they have borne record of the deed of discharge?

10. The Future Perfect Continuous expresses durative actions/states which happen before another moment in the future. It forms with the auxiliary “shall/will”+ “to have” (Infinitive invariable form - HAVE) + “to be” (Third Form) + “-ing” Form of the verb.

EX: Affirmative Negative Interrogative By the first of January I shall/will have been carrying on the process through the court for two months. (La 1 ianuarie voi fi supus procesul dezbaterii în instanţă de două luni). By the first of January you will have been carrying

By the first of January I shall/will not have been carrying on the process through the court for two months. (La 1 ianuarie nu voi fi supus procesul dezbaterii în instanţă de două luni). By the first of January you will not have been

Shall/will I have been carrying on the process through the court for two months by the first of January? (La 1 ianuarie voi fi supus procesul dezbaterii în instanţă de două luni?). Will you have been carrying on the process

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on the process through the court for two months. By the first of January he/she/it will have been carrying on the process through the court for two months. By the first of January we shall/will have been carrying on the process through the court for two months. By the first of January you will have been carrying on the process through the court for two months. By the first of January they will have been carrying on the process through the court for two months.

carrying on the process through the court for two months. By the first of January he/she/it will not have been carrying on the process through the court for two months. By the first of January we shall/will not have been carrying on the process through the court for two months. By the first of January you will not have been carrying on the process through the court for two months. By the first of January they will not have been carrying on the process through the court for two months.

through the court for two months by the first of January? Will he/she/it have been carrying on the process through the court for two months by the first of January? Shall/will we have been carrying on the process through the court for two months by the first of January? Will you have been carrying on the process through the court for two months by the first of January? Will they have been carrying on the process through the court for two months by the first of January?

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3. Common and continuous aspect The aspect of the verb is related to the „temporal character” of the action/state described by the verb.

1. The common aspect describes an act which is thought of as a

bare statement, a fact (a general or habitual fact), as a completed whole.

EX: The courts and tribunals are the two institutions which resolve legal

problems in the English law system. (general fact) Every day magistrates Courts perform judicial functions in cases

too trivial to be dealt with by the Crown and County Courts. (habitual fact).

The barrister has asked permission to object. (a completed action)

2. The continuous aspect expresses an action as a process going on at a given moment or over a period of time.

EX: He is holding a brief to the defendant’s case. (duration) You have been asking legal advice from the solicitor in each case.

(repetition) It is growing difficult to deal with slander actions. (beginning of an

action) I ussually dismiss groundless claims but today I am meeting the

defendant’s demand. (temporary or particular charcater of an act)

EXCEPTIONS:

The continuous aspect cannot normaly be used: a. with verbs expressing physical or mental perceptions: see, hear, smell, taste,

feel, notice, observe, recognize etc b. with non-conclusive verbs denoting thought, emotion: believe, feel (that),

think (that), know, understand, remember, recollect, forget, suppose, mean, gather (that), want, wish, forgive, refuse, love, hate, like, dislike, care, seem, appear (seem), belong to, contain, consist of, possess, own, matter, have (possess, own), be (except i the passive voice)

The exceptions to the exceptions which concern the law terminology:

a. When the verbs quoted above denote voluntary actions:

EX: Which judge is hearing the case? I am seeing the solicitor tomorrow.

Were you listening to his deposition/testimonial?

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I am gathering that the defendant is about to produce proofs to his not guilty plea. b. When we wish to give special emphasis in the very moment of speech:

EX: How are you liking your new associates? I am feeling mush safer now! I am thinking of setting up an alibi.

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B. Aprofundarea unor noţiuni de vocabular specifice domeniului juridic

(Law Terminology)

1. English in Courts of Justice: The British Court System; The American Court System; (The Romanian Court System) The British Court System Read the texts below:

A. THE BRITISH COURT SYSTEM

� “There are two types of magistrates in England and Wales: lay magistrates, also known as lay justices, who have the title of “justice of peace”, and stipendiary magistrates. The former is a body of men and women which has been in existence since the fourteenth century, and is called on to pass a judgment on their fellow citizens, without any real legal training. The latter is a body of Lawyers, called upon to do substantially the same job, which dates from the eighteenth century. They both exercise their powers in a less formal court than other courts, known as Magistrates’ Courts, and deal with more cases than any other court of law in the English Legal System.

The main job of the magistrates is to deal with civil and criminal cases too trivial to be dealt with by the Crown and the County Courts.

In terms of their criminal jurisdiction the Magistrates’ Courts deal with something over 95% of all cases. The English legal system divides criminal offences into three basic categories:

1. Summary offences is the category of minor crimes such as parking offences, minor assaults, begging, as less minor crimes such as drinking and driving which are tried without a jury.

2. Indictable offences are those more serious offences for which the police are given the power to arrest and which will be tried by a jury; murder, manslaughter, serious fraud all come within this category.

3. Either way offences are names as such because of the fact they are not uniformly major or minor and may or may not be tried by a jury at the request of the defendant. The best example of these offences is theft which may involve either very small or very large amounts of money.

The magistrates’ criminal jurisdiction is principally limited to “summary” and “either way” offences (where the defendant elects not to have a jury trial). However, magistrates have an important role to play in serious criminal proceedings. Where a person is charged with an indictable offence, magistrates sit as examining justices to decide whether the prosecution’s case is strong enough to warrant committing the accused for trial in the Crown Court. This procedure is also known as “committal proceedings”. They also issue arrest and search warrants to the police.

Justices of peace are chosen by the Lord Chancellor on the advice furnished by Advisory Boards. These organizations are concerned with recruiting magistrates from amongst the “worthy” members of the community. They are not paid a salary but

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receive expenses incurred in the performance of their judicial duties. Although they are lay persons, they have some legal knowledge as they receive two short courses of instruction, during which they are initiated into the basic aspects of law, including evidence, sentencing and procedure. They are assisted by “clerks of justices”, normally solicitors or barristers of at least seven years’ standing.

Stipendiary magistrates are to be found in most of the large cities and towns of England and Wales. Stipendiary magistrates are full-time members of the Court chosen by the Queen on the advice of Lord Chancellor. They receive wages or stipend and they are normally barristers or solicitors of at least seven years’ standing”. (Michael Brookes, David Holden& Wesley Hutchinson, Engleza pentru jurişti, traducere de Cristina Anghel, Bucureşti, Teora, 2007, p. 16-17).

B. CRIMINAL AND CIVIL COURTS IN THE UNITED KINGDOM � Duncan Ritchie, a barrister, is talking to a visiting group of young European

lawyers. “Both criminal and civil courts in England and Wales primarily hear evidence

and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates’ Courts or the County Courts.

Judges have different titles depending on their experience, training, and level. A single stipendiary magistrate or three lay magistrates sit in the Magistrates’ Court. There’s no jury in a Magistrates’ Court. Family cases may go on appeal from the Magistrates’ Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or injury they have suffered. There are circuit judges and recorders who sit in the County Courts, usually without a jury. Juries are now rare in civil actions, so normally the judge considers both law and fact.

More complex civil cases, such as the administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and Queen’s Bench. The court has both original, that is, first instance, and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions hind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved. Appellants must, however, apply for leave to appeal. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges”. (Cambridge Professional English in Use. Law, http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar ) C. COURTS vs. TRIBUNALS IN THE UNITED KINGDOM

� “The system of courts in the United Kingdom is supplemented by a substantial number of tribunals, set up by Acts of Parliament. They are described in the guidance

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given to government departments as “those bodies whose functions, like those of courts of law, are essentially judicial. Independently of the Executive, they decide the rights and obligations of private citizens towards each other and towards a government department or public authority” (Report of Council on Tribunals)

The growth in the number and importance of tribunals is closely related to the development of an increasingly active welfare state with legislation covering areas previously considered private. Some examples are: • Social Security Appeal Tribunal • Employment Tribunal • Mental Health Review Tribunal • Immigration Appeal Tribunal • Lands Tribunal

Some tribunals have a significant effect in the areas of law involved. However, they are nonetheless inferior to the courts and their decisions are subject to judicial review - examination by a higher court of the decision-making process in a lower court”.(Cambridge Professional English in Use. Law, http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)

� “A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.

The intention of tribunals was to provide a less formal proceeding in which claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal - where an employer appears to not be acting in a reasonable way in removing an employee - could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn. The costs of the hearing are borne by the public purse that is, paid from tax revenue, but legal representation is at the cost of each party.

Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.” (Cambridge Professional English in Use. Law, http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar) D. TYPES OF COURTS &COURT STRUCTURES IN THE UNITED KINGDOM

� In the United Kingdom, Courts may be distinguished with regard to the type of cases they hear:

1. The Appellate Court (or, The Court of Appeal/Appeal Court) = a court where

a case already heard by a lower court is reviewed. 2. The Crown Court = the highest court of jurisdiction, usually the last resort.

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3. The High Court = a court where serious crime offences are heard by a judge and a jury.

4. The Juvenile Court = where a person under the age of 18 would be tried. 5. The Lower Court (or, The Court of the First Instance) = the court of primary

jurisdiction where a case is heard for the first time. 6. The Magistrates’ Court = a court which tries small crimes in the UK. 7. The Moot Court = where law students argue hypothetical cases. 8. The Small-Claims Court = where are tried cases which involve a small amount

of money. 9. The Tribunal = a court where a group of specialists examine legal problems of

particular type such as employment issues. � The following diagram shows the court structure in the United Kingdom:

E. PERSONS IN COURT:

1. Defendant /Respondent = a person who is sued in a civil law suit; 2. Plaintiff = reasonably prudent person; 3. Expert witness = a person who has specialized knowledge of a

particular subject who is called to testify in court; 4. Appellant/ Petitioner = person who appeals a decision to a higher court; 5. Bailiff = officer of the court whose duties include keeping order and

assisting the judge and jurors; 6. Advocate = person who pleads cases in court;

1. COURT OF JUSTICE OF THE

2. HOUSE OF LORDS

3. COURT OF APPEAL

4. COURT OF APPEAL (CIVIL )

5. CROWN COURT 6. HIGH COURT

7. MAGISTRATES’ COURT

8. COUNTY COURT

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The diagram of the persons in the court will help you to picture the process of settling a case in English Courts:

The American Court System

A.THE US CONSTITUTION

“Article III Section 1. The judicial power of the United States shall be vested in one Supreme Court,

and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this

Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which

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the United States shall be a party;-to controversies between two or more states;-between a state and citizens of another state;-between citizens of different states;-between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States, shall consist only in levying war against

them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.” (http://topics.law.cornell.edu/constitution)

B.THE BILL OF RIGHTS

„The Bill of Rights is the name by which the first ten amendments to the United States Constitution (1787) are known. Is was introduced by James Madison to the First United States Congress in 1789 as a series of legislative articles, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States. The Bill of Rights is a series of limitations on the power of the United States Federal government, protecting the natural rights of liberty and property including freedom of speech, a free press, free assembly, and free association. In federal criminal cases, it requires indictment by a grand jury for any capital or “infamous crime”, guarantees a speedy, public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred, and prohibits double jeopardy. In addition, the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution” (http://en.wikipedia.org)

“Amendment I: Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II: Militia (United States), Sovereign state, Right to keep and bear arms.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III: Protection from quartering of troops No soldier shall, in time of peace be quartered in any house, without the consent

of the owner, nor in time of war, but in a manner to be prescribed by law.

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Amendment IV: Protection from unreasonable search and seizure The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V: due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI: Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII: Civil trial by jury In suits at common law, where the value in controversy shall exceed twenty

dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII: Prohibition of excessive bail and cruel and unusual punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX: Protection of rights not specifically enumerated in the Constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X: Powers of States and people The powers not delegated to the United States by the Constitution, nor

prohibited by it to the states, are reserved to the states respectively, or to the people” (http://topics.law.cornell.edu/constitution)

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C.THE COURT STRUCTURE IN THE USA

� The following diagram shows the court structure in the USA:

THE SUPREME COURT

COURTS OF APPEAL (12 circuits)

COURT OF APPEAL (Federal Circuit)

COURT OF MILITARY APPEALS

94 DISTRICT COURTS

TAX COURT

COURT OF MILITARY REVIEW

INTERNATIONAL TRADE COURT

CLAIMS COURT

COURT OF VETERANS APPEALS

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2. English for Lawyers: People in the Law; Principles and Types of Laws

PEOPLE IN THE LAW Barristers (Lawyers, Advocates)

In England and Wales, a barrister is a member of one of the Inns of Court (= the four law societies in London to which lawyers are members); he or she has passed examinations and spent one year in pupillage (= training) before being called to the bar (= being fully accepted to practise law). Barristers have the right of audience in all courts in England and Wales: in other words, they have the right to speak, but they do not have that right exclusively.

Magistrates Magistrates usually work in Magistrates’ Courts. These courts hear cases of

petty crime, adoption, affiliation , maintenance and violence in the home. The court can commit someone for trial or for sentence in a Crown Court. There are two main types of magistrates: stipendiary magistrates (qualified lawyers who usually sit alone); lay magistrates (unqualified, who sit as a bench of three and can only sit if there is a justices’ clerk present to advise them).

Judges In England, judges are appointed by the Lord Chancellor*. The minimum

requirement is that one should be a barrister or solicitor of ten years’ standing. The majority of judges are barristers, but they cannot practise as barristers.

* The Lord Chancellor is the member of the British government and of the

cabinet who is responsible for the administration of justice and the appointment of judges in England and Wales. At the time this book was published, the role of Lord Chancellor was to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs.

Recorders They are practising barristers who act as judges on a part-time basis. The

appointment of judges is not a political appointment, and judges remain in office unless they are found guilty of gross misconduct. Judges cannot be Members of Parliament**.

** Note that in the USA, state judges can be appointed by the state governor or

can be elected; in the federal courts and the Supreme Court, judges are appointed by the President, but the appointment has to be approved by Congress.

The jury

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Juries are used in criminal cases, and in some civil actions, notably actions for libel. They are also used in some coroner’s inquests. The role of the jury is to use common sense to decide if the verdict should be for or against the accused. Members of a jury (called jurors) normally have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name appears on the electoral register and who is between the ages of 18 and 70 is eligible for jury service. Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness. People who are excused jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be challenged if one of the parties to the case thinks they are or may be biased. (Rawdon Wyatt, Check your English Vocabulary for Law, Third Edition, London, A.&C Black, 2006).

Solicitors In England and some other Commonwealth jurisdictions, a legal distinction is

made between solicitors and barristers, the former with exclusive privileges of giving oral or written legal advice, and the latter with exclusive privileges of preparing and conducting litigation in the courts.

In other words, solicitors don’t appear in court on a client’s behalf and barristers don’t give legal advice to clients.

In England, barristers and solicitors work as a team: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for the duration of the litigation.

Lawyers in some states, such as Canada, sometimes use the title “barrister and solicitor” even though, contrary to England, there is no legal distinction between the advising and litigating roles.

Canadian lawyers can litigate or give legal advice (as is the case in the USA, where lawyers are referred to as “attorneys”).

(http://www.duhaime.org/LegalDictionary) Prosecutors (attorney general, prosecuting attorney in US Law; prosecuting

officer) In Australia, Canada, England and Wales, Hong Kong, Northern Ireland,

Ireland and South Africa, the head of the prosecuting authority is typically known as the Director of Public Prosecutions, and is appointed, not elected. A DPP may be subject to varying degrees of control by the Attorney General, usually by a formal written directive which must be published.

In the United States, the director of any such offices may be known by any of several names depending on the legal jurisdiction. The terms County Attorney, Prosecuting Attorney (in Michigan, Indiana, Hawaii, and West Virginia), County Prosecutor, State Attorney, State’s Attorney, State Prosecutor, Commonwealth’s Attorney (in Virginia and Kentucky), District Attorney (in some states), District Attorney General (in Tennessee), Prosecuting Attorney (in Missouri counties), Attorneys General (in Rhode Island and Delaware), and City Attorney (in Missouri cities that have city prosecutors) are all titles of prosecutors in various state courts. Prosecutors are most often elected. United States Attorneys represent the federal government in federal court, in both civil and criminal cases.

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In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel. They are generally appointed by the provincial Attorney-General; unlike their United States counterparts, they are not elected and are therefore more passive than their American counterparts.

Though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct investigations by the police. In very serious cases, a Procurator Fiscal, Advocate Depute or even the Lord Advocate, may take charge of a police investigation. It's at the discretion of the Procurator Fiscal, Advocate Depute or Lord Advocate to take a prosecution to court, and to decide on whether or not to prosecute it under solemn procedure or summary procedure. Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work. All prosecutions are handled within the Crown Office and Procurator Fiscal Service. (http://en.wikipedia.org)

PRINCIPLES AND TYPES OF LAWS

� The legal system in the United Kingdom Bodies of law “The study of law distinguishes between public law and private law, but in

legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers. Public law relates to the state. It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security. Private law is concerned with the relationships between legal persons, that is, individuals and corporations, and includes family law, contract law and property law. Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights, and their duties. It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction - an order made by the court. However, each field of law tends to overlap with others. For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation. Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced.”

The UK Constitution “The head of state is the monarch, currently the Queen in the UK, but the

government carries the authority of the Crown (the monarch). The Westminster Parliament has two chambers: the House of Lords and the House of Commons, which sit separately and are constituted on different principles. The Commons is an elected body of members. Substantial reform is being carried out in the upper house, the House of Lords, where it is proposed that the majority of members be appointed, with a minority elected, replacing the hereditary peers. There is no written

34

constitution, but constitutional law consists of statute law, common law, and constitutional conventions.”

Principle of binding precedent “Essential to the common law is the hierarchy of the courts in all of the UK

jurisdictions and the principle of binding precedent, in practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They’ll also consider decisions made in a lower court, although they're not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it's to the point - relevant or pertinent.

During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn't actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case's outcome.

Judges in a case may make other statements of law. Whilst not constituting binding precedents, these may be considered in subsequent cases and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court.” (Cambridge

Professional English in Use. Law,

http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar) “The starting point from which to explain the English doctrine of the precedent

is the principle of justice that like cases should be decided alike. This principle is enforced in the English law by the rule of stare decisis (keep to what has been decided previously) and although this is a rule whish is almost universally applied in all jurisdictions throughout the world; this rule has peculiarly coercive or binding nature in the English system. This particularly coercive nature comes from the rules of practice of English judges, called, “rules of the precedent”. These rules state that, to a large extent, English law is based on case-law. “Case-law” consists of the rules and principles acted on by the judges in giving decision; the English system obliges a judge in a subsequent case to have regard to these matters in making his decision. This is unlike many other jurisdictions where a judge regards the rules and principles on which a judge acted in a previous case as material he may take into consideration.

The fact that English law is largely a system of case-law means that a judge’s decision in a particular case constitutes a “precedent”. There are a number of different types of precedent.

The judge may simply be obliged to consider the former decision as part of the material on which his present decision could be based, or he may be obliged to decide the case before him in the same way as that in which a previous case was decide unless he can find a good reason for not doing so. Finally, the judge in the instant case may be obliged to decide it in the same way as that in which the previous case was decided, even if he can give a good reason for not doing so. In the last mentioned situation the precedent is said to be “binding” as contrasted with the merely “persuasive” effect of the other two situations.

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A relaxation of rules came in the XX-iest century when it was clearly stated that on the criminal side the Court of Appeal could depart from its previous decisions “in the interests of justice”. On the civil side of that court the position is much more restricted. It may depart from its previous decisions in only three narrow situations: where there are two earlier conflicting decisions; where the Court’s earlier decision cannot stand with a subsequent decision of the House of Lords; and when the Court’s earlier decision was given per incuriam (through negligence or oversight).

Finally it must be stated that only certain parts of the decision are regarded as binding. These parts are called ratio decidendi of the case. The structure of the typical judgment in a civil case would probably be as follows: the judge sums up the evidence, announces his findings of fact (if there is no jury), reviews the arguments addressed to him by counsel for each of the parties during the trial, and gives his decision. If a point of law has been raised then he will normally discuss a number of previous decisions (or “authorities”) and state their bearing on the instant case. In doing so he may decide to distinguish certain previous decisions from that case. Only the rule of rules which may be extracted from the judge’s reasoning may be regarded as the ratio of the case and therefore its binding authority. Any other proposition of law which may be found in the judgment is regarded as obiter dicta and hence a merely persuasive authority” (Michael Brookes, David Holden & Wesley Hutchinson, Engleza pentru jurişti, traducere de Cristina Anghel, Bucureşti, Teora, 2007)

Law Reports “The development and application of the common law system pivots upon the

existence of a comprehensive system of reporting cases. The Law Reports, published annually by the Council of Law Reporting, are perhaps the most authoritative and frequently cited set of reports, differing from other series of law reports, such as Butterworth’s All England Law Reports or specialist reports like Lloyds Law Reports, in that they contain summaries of counsel’s arguments and are revised by the judge sitting in each respective case before publication. Cases aren’t always reported in the year that they are decided so a case citation will refer to the volume and year in which the case was published, for example Meah v Roberts, [1978] 1 All ER 97. Developments in electronic databases have increased public access to recent cases”. (Cambridge Professional English in Use. Law,

http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)

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C. Anexe (Appendices):

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APPENDIX I 1. List of irregular verbs frequently used in juridical idioms to abide → abode/abided → abode/abided

• to abide by (to) the law (a se conforma, a se supune unei legi, a rămâne, a persista)

• to abide by (to) a decision

to arise → arose → arisen • to arise to (a deriva, a proveni)

to bear → bore → born (e) • to bear record of (a certifica despre)

to bid → bade/ bid → bidden/ bid • to bid to (a face o ofertă)

to bind → bound → bound

• to bind to (a angaja, a lega, a incumba, a implica, a obliga, a ratifica, a încheia o convenţie)

• to bind a transaction (a încheia o tranzacţie) • to bind duties to (a îngheţa taxele vamale) • to bind oneself under contract to (a se obliga prin contract) → binding =

obligatoriu → binding agreement = convenţie irevocabilă; contract

ferm; binding offer = ofertă fermă; binding power = forţă obligatorie; binding precedent = precedent care se impune; binding signature = semnătur ă autorizată.

to break → broke → broken

• to break to (a nu îndeplini) • to break a law to (a nu respecta o lege) → breakage = despăgubire → breaking = faliment → breaking of the close = tulburare în folosinţă;

breaking of a seal = ruperea sigiliului; breaking of arrestment = nerespectarea unui mandat de arestare.

to bring→ brought → brought • to bring verdict to = a da o sentinţă • to bring to = a face apel • to bring a bill = a depune un proiect de lege • to bring a charge (against somebody to) = a acuza • to bring a procedure to = a începe o procedură • to bring a prosecution to = a începe urmărirea • to bring a suit to (against someone to) = a intenta cuiva un proces • to bring an action to = a introduce o acţiune

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• to bring an appeal to = a face apel, a ataca o hotărâre judecătorească • to bring before a judge = a aduce în faţa unui judecător / tribunal • to bring forward a complaint = a aduce o plângere • to bring in a verdict of [not] guilty to = a [nu] se declara vinovat • to bring in interest to = a aduce dobânzi • to bring in justice to = a chema în justiţie • to bring proceedings to = a intenta un proces • to bring someone to trial to = a judeca pe cineva • to bring the parties to = a pune părţile faţă în faţă • to bring up legislation = a invoca o lege

to buy → bought → bought • to buy by auction = a cumpăra prin licitaţie • to buy by installment = a cumpăra în rate • to buy in against a client = a executa un client • to buy off = a mitui • to buy out to = a cumpăra toate drepturile unui terţ; a despăgubi un asociat

to cast → cast → cast • to cast to = a condamna la despăgubiri/ daune • to cast back an argument to = a replica la un argument • to cast the blame on to = a arunca vina asupra cuiva → casting =

determinant, decisiv (casting vote; casting argument)

to come → came → came • to come down to = a blama, a mustra • to come down with to = a plăti • to come in for to = a-i reveni, a primi • to come in force to = a intra în vigoare • to come into to = a intra în posesie • to come into operation to = a intra în vigoare • to come into possession = a intra în posesie • to come into use to = a intra în folosinţă • to come under law to = a cădea sub incidenţa legii • to come upon the rates = a recurge la asistenţa publică • to come within a court jurisdiction = a fi de competenţa unei curţi

to cost → cost → cost • cost basis = preţuri de achiziţie • cost book = caiet de sarcini • cost overrun = depăşirea costurilor • cost, insurance, and freight (CIF) = cost, asigurare şi navlu • cost of living = cost de subzistenţă • costs charge/ overhead = costuri indirecte • costs court = cheltuieli de judecată

to cut → cut → cut • to cut spending to = a tăia cheltuielile

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• to cut taxes to = a reduce taxele • cuts in prices = reduceri de preţuri • cuts in salary = reduceri de salariu • cuts in spending = reducerea cheltuielilor

to deal → dealt → dealt • to deal to = a face comerţ cu • to deal on joint account = a face o tranzacţie cu participaţie

to do → did → done • deed = faptă • deed = act notarial, acţiune, contract, document oficial • deed a composition = concordat preventiv în faliment • deed entry = înregistrarea unui act • deed nul and void = act nulificat • deed of arrangement = concordat preventiv de falimentare • deed of assignment = contract de cesiune • deed of association = contract de asociere • deed of attribution = contract de atribuire • deed of conveyance = contract de cesiune • deed of covenant = act de obligaţie / donaţie • deed of discharge = act de descărcare a unei obligaţii • deed of grant = act de transfer imobiliar • deed of partnership = act de constituire; contract de asociere • deed of property = act/ titlu de proprietate • deed of separation = act de separare voluntară a soţilor • deed of settlement = act de dispoziţie • deed of transfer = act translativ de proprietate • deed of trust = act fiduciar • deed poll = act unilateral • deed restriction = limitarea unui titlu de transmitere a drepturilor • deed under private seal = act sub semnătură privată • deed warranty = certificat de garanţie

to draw → drew → drawn • to draw an act to = a valida un act • to draw up a contract to = a întocmi, a redacta

to drink → drank → drank • drink convictions = condamnări pentru consum de alcool • drunken driving = conducere sub influenţa alcoolului • drunk and disorderly = beţie într-un loc public

to fall → fell → fallen • to fall due to = a ajunge la scadenţă • to fall in abeyance = a fi suspendat; a cădea în desuetudine • to fall into disuse = a cădea în desuetudine

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• to fall within/ outside’s court jurisdiction = a fi în/ în afara competenţei unei instanţe

to find → found → found

• to find to = a constata, a descoperi/ a da un verdict • to find someone guilty to = a găsi pe cineva vinovat de • finding = concluzie, constatare, pronunţare, verdict

to fly → fly → fly • to fly in the face of facts = a nega faptele

to forbid → forbade → forbidden • to forbid the bans to = a invoca o interdicţie • forbidden action = act ilicit

to forswear → forswore → forsworn to get → got → got

• to get booked to = a primi un proces-verbal • to get one’s books to/ the sack to = a fi concediat • to get to the polls = a merge la vot • to get up a case = a instrumenta o cauză

to give → gave → given • to give an administration order to = a institui un administrator financiar • to give a judgment to = a pronunţa o sentinţă • to give an offence to = a aduce o jignire/ ofensă • to give evidence to = a da o depoziţie • to give forth to = a emite/ publica o ştire/ o lege; a pronunţa o hotărâre • to give in to = a ceda; a prezenta un document • to give information to = a denunţa; a face un denunţ • to give judgment to = a pronunţa o sentinţă/ hotărâre • to give notice to = a concedia; a evacua; a da un preaviz • to give notice to somebody = a notifica de ceva • to give off = a emite • to give somebody in charge to = a da pe cineva pe mâna poliţiei • to give case for the defendant to = a pronunţa o sentinţă în favoarea pârâtului • to give up to = a ceda; a renunţa; a denunţa; a preda justiţiei • to give way = a ceda; a face concesii • giver = donator • gift = donaţie; dar • gift by will = donaţie testamentară • gift inter vivos = donaţie între vii • gift purchase = dobândire prin donaţie • gift tax = impozit pe donaţie

to go → gone → went • to go bail to = a da o cauţiune

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• to go bail for someone = a garanta pentru cineva • to go on strike = a declanşa o grevă • to go to law = a recurge la justiţie

to have → had → had • to have a criminal record = a avea cazier • to have a bad record = a avea o reputaţie rea • to have a writ served to = a-i trimite cuiva o citaţie

to hear → heard → heard • to hear a case = a audia un caz • to hear a case in camera to = a audia un proces cu uşile închise • to hear a witness = a audia un martor • hearing = audiere; dezbatere judiciară; examinare; înfăţişare • hearing announcements = anunţuri făcute pe pacursul unei dezbateri • hearing closure = încheierea unei dezbateri • hearing in virtue of letters rogatory = audiere prin comisie rogatorie • hearing of an appeal = judecarea unui apel • hearing of the witness = audiere a unui martor • hearsay evidence = mărturie indirectă

to hold → held → held • to hold to = a deţine, a avea în posesie; a reţine; a hotărî • to hold a brief to = a pleda • to hold a hearing to = a desfăşura o audiere • to hold an inquest to = a face o anchetă • to hold an inquiry = a efectua o anchetă / cercetare • to hold an office to = a deţine o funcţie • to hold captive to = a ţine în captivitate • to hold office to = a exersa atribuţii • to hold over a payment = a amâna o plată • to hold someone culpable to = a învinovăţi pe cineva • to hold someone liable to = a face pe cineva răspunzător de ceva • to hold the scale even = a judeca imparţial • to hold to bail = a pune în libertate pe cauţiune • hold-up = atac; tâlhărie • hold up to = a suspenda • holder = deţinător; proprietar • holder of a bill = cesionarul unei cambii • holder on trust = depozitar de valori • holding = drept de proprietate funciară; fond de posesiune; proprietate;

pachet de acţiuni • hold-over tenacy = arendă; închiriere prelungită tacit

to hurt → hurt → hurt (a prejudicia)

to keep → kept → kept

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• to keep accounts to = a ţine contabilitatea • to keep in prison to = a ţine pe cineva în închisoare • to keep safely to = a păstra depozit • to keep somebody under restraint to = a ţine pe cineva sub interdicţie • to keep the law to = a respecta legea • to keep the peace to = a respecta ordinea publică • keeper = gardian; deţinător de acţiuni/ titular • keeper of record = grefier; arhivar

to leave → left → left • leave = autorizaţie; concediu; permisiune • to leave to = a lăsa prin testament • to leave a legacy to someone = a lăsa cuiva o moştenire • leave of absence = concediu fără plată • leave without pay = concediu fără plată • leaving service = părăsirea locului de muncă

to lend → lent → lent

• to lend assistance to = a acorda ajutor • lender in commodate = comodant

to let → let → let • let the buyer beware = cumpărătorul să fie vigilent • to let to = a închiria, a da cu chirie

to make → made → made • to make to = a construi; a produce • to make a check = a elibera un cec • to make a confession under duress to = a face o declaraţie sub constrângere • to make a defence to = a se apăra • to make a firm bankrupt to = a declara o firmă falimentară • to make a statement = a da o declaraţie • to make amends for an injury to = a compensa pentru o injurie • to make an agreement to = a face / încheia o înţelegere • to make an oath to = a depune jurământ • to make an offer to = a face o ofertă • to make arrangements to = a cădea de acord • to make inquiries = a cere informaţii; a face cercetări • to make irrelevant remarks = a divaga • to make out a case to = a justifica o plângere • to make up a difference to = a aplana un diferend • make up a pay = diferenţă de salariu • to make up shortage to = a bonifica

to mean → meant → meant • means of proof = mijloace de probă • means of subsistence = mijloace de subzistenţă • means of support = mijloace de subzistenţă

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• means test = anchetă asupra resurselor

to meet → met → met • to meet a claim to = a contesta o reclamaţie • to meet a demand to = a accepta o cerere • to meet conditions to = a îndeplini condiţiile sau termenele • meeting minutes = proces verbal al unei şedinţe • meeting of the minds = acord de voinţe

to pay → paid → paid • to pay a deposit to = a depune o cauţiune • to pay as you earn = a impozita la plata salariilor • to pay as you go to (by results) = a plăti pe măsura realizărilor • to pay back to = a rambursa • to pay customs to = a plăti vama • pay day = zi de salariu • pay desk = casă de plată • to pay down to = a plăti în numerar • to pay in advance = a plăti în avans • to pay off to = a stinge un debit • to pay on the installment scheme = a plăti în rate • to pay one’s debts = a-şi plăti datoriile • pay roll (payroll records) = stat de plată • pay slip = borderou; fluturaş de plată • pay up to = a achita integral • payable = de plata; datorat • pay-check = salariu • payee = beneficiar al unei plăţi • payee of allowance = debirentier • payload = sarcină de plată • payment against documents = plată contra documente • payment application = imputare de plăţi • payment deferred = plată cu termen prin virament • payment due = plată exigibilă • payment not due = plata lucrului nedatorat • payment on delivery = plată la livrare • payment on receipt = plată la primire • payment reminder = somaţie de plată • pay-off = leafă; mită

to put → put → put • to put a law in force to (in operation) = a aplica o lege • to put a resolution on the meeting to = a supune o rezoluţie la vot adunării • to put down an amendment to = a depune / înscrie un amendament • to put in claim for something to = a pretinde • to put on oath to = a luat cuiva jurământul • to put on probation to = a pune în libertate supravegheată

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• to put on trial to = a chema în judecată

to read → read → read • read and approved = bun şi aprobat • reading = citirea în parlament a unui proiect de lege

to ride → rode → ridden • rider to a treaty = recomandare adiţională • rider to a verdict = recomandare adiţională pentru clemenţă

to run → ran → ran • running account = cont curent • running with the land = servitute funciară

to seek → sought → sought • to seek legal advice to = a consulta un jurist • to seek redress to = a cere despăgubiri • seeking profit = scop lucrativ

to sell → sold → sold • to sell by date = termen de expirare a unui proces • to sell flat = a vinde fără dobândă acumulată • to sell forward to = a vinde la termen • to sell in bulk to = a vinde en gross • to sell off = a lichida; a solda • to sell short = a vinde hârtii de valoare în speranţa unui câştig rapid • to sell up to = a vinde tot stocul la licitaţie • to sell up a debtor = a executa un debitor • seller = vânzător • selling = vânzare • selling in = prezentare înainte de desfacere • selling of futures = convenţie forfetară

to send → sent → sent • to send away = a concedia • sender = expeditor

to set → set → set • to set a claim aside to = a respinge o reclamaţie • to set apart money for = a afecta bani pentru • to set aside to = a anula • to set aside a contract = a anula un contract • to set aside a will = a casa un testament • to set aside an award = a anula o decizie arbitrară • to set bar off = impediment de compensaţie • set down to = a consemna, a înregistra, a pune pe rol • to set forth rules = a reglementa • to set off to = a reliefa; a semnala; a contracara; a compensa

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• set prices = preţuri fixe • to set roght = a pune în ordine • to set up to = a fonda o societate; a amplasa, a expune • to set up a claim to = a reclama • to set up a company = a înfiinţa o companie • to set up an alibi to = a invoca un alibi • to set up shop abroad = a înfiinţa o filială în străinătate • set-back = eşec în afaceri • seth forth to = a enunţa; a expune • set-off = compensaţie; daune-interese

to shut → shut → shut • shut-down = încetare a activităţii

to sit → sit → sit • to sit to = a avea sediul; reşedinţa • sit-down strike = grevă la locul de muncă • sit-in = grevă prin ocuparea unui spaţiu • sitting of court = audiere a unei cauze • sitting of Parliament = şedinţă parlamentară

to slay → slain → slain • slander = defăimare • slander action = proces de calomnie • slanderer = calomniator

to sleep → slept → slept • sleeping partner = asociat comanditar • sleeping partnership = societate în comandită

to slide → slid → slid • sliding = ajustabil; mobil • sliding scale price = preţ ajustabil • sliding scale tariff = tarif mobil

to spend → spent → spent • spending cuts = reduceri ale cheltuielilor • spending increase = creşterea cheltuielilor • spending limit = plafon de cheltuieli • spent convictions = condamnări ispăşite

to stand → stood → stood • to stand the trial to = a suporta un proces/ o judecată; a fi chemat în instanţă • to stand a trial = a fi judecat • to stand bail for = a garanta / a cauţiona pe cineva • to stand by a juror to = a recuza un jurat • to stand convicted to = a fi declarat vinovat • to stand down to = a se retrage din boxa martorilor; a-şi retrage candidatura

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• to stand for Parliament = a candida la alegerile legislative • to stand off = a concedia temporar • to stand on forms to = a respecta formalităţile • to stand over to = a amâna discutarea/ rezolvarea unei probleme • to stand sponsor for somebody = a fi garantul cuiva • to stand the test to = a trece prin/ a rezista unui test • to stand with = a fi conform cu judecata

to steal → stole → stolen • stealing by finding = furt prin însuşirea unui bun găsit

to strike → struck → struck • to strike a bargain (a deal) = a încheia un târg, o afacere • to strike a jury = a constitui un juriu • strike breaker = spărgător de grevă • to strike off to = a radia o afacere de pe rol • to strike off the roll = a radia un avocat din barou (Marea Britanie) • to strike out = a şterge; a radia • striker = grevist • striking proof = probă decisivă

to swear → swore → sworn • to swear an affidavit to = a da o declaraţie sub prestare de jurământ • to swear an estate to = a evalua o proprietate • to swear an oath to = a depune jurământ • to swear a witness to = a lua jurământul unui martor • sworn statement = declaraţie sub jurământ

to take → took → taken • to take in charge to = a aresta • to take to = a lua; a apuca; a ocupa • to take a ballot = a hotărî prin vot • to take advantage in good faith = a abuza de buna credinţă • to take possession to = a lua în posesie • to take proceedings against = a intenta acţiune împotriva • to take recourse on to = a face recurs • to take somebody in charge to = a aresta pe cineva • to take stock of = a face inventar • to take in the Fifth = a face recurs la al cincilea amendament (US Constitution) • to take the stand to = a depune mărturie • to take up duties = a intra în funcţie • to take witness exception = a recuza un martor • taken in the fact = prins în flagrant delict • taking down = consemnare; înregistrare • taking over = primire; recepţie

to tell → told → told • teller = casier bancar

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• teller proof = verificarea soldului zilnic • teller’s stamp = stampila casierului

to understand → understood → understood • understanding = acord; convenţie

to wear → worn → worn • wear and tear = deteriorare; uzură • wear parts = piese de uzură

to win → won → won • to win a case = a câştiga un proces • to win up to = a lichida o companie

to withdraw → withdrew → withdrew • to withdraw a case = a abandona un proces • to withdraw a charge to = a retracta o acuzaţie • to withdraw a claim to = a retrage o cerere de reclamaţie • to withdraw a complaint = a retrage o plângere/ acţiune/ reclamaţie • to withdraw a credit to = a retrage un credit • to withdraw an offer = a retrage o ofertă • to withdraw deposits = a retrage depuneri • to withdraw the consent = a-şi retrage consimţământul • withdraw of suit judgment = sentinţă de desistare • withdrawl of suit = desistare de acţiune

to withhold → withheld → withheld • to withhold the truth = a falsifica adevărul • to withhold to = a deţine bunuri; a reţine; a ascunde; a falsifica • to withhold a fact to = a ascunde un fapt • to withhold assent to = a refuza promulgarea • to withhold relief to = a refuza acordarea de despăgubire • to withhold the truth to = a ascunde adevărul • withholding = reţinere din salariu

to write → wrote → written • writ = citaţie; document; înscris; mandat; ordonanţă; somaţie • writ of certiorari = ordina de înaintare a dosarului unei instanţe superioare • writ capias = mandat de aducere • writ of attachment = ordin de sechestru • writ of deliverance = ordin de eliberare a unui arestat • writ of execution = mandat de executare; titlu executoriu; ordaonanţă de

execuţie • writ of habeas corpus = mandar de aducere; ordin legal prin care se solicită

aducerea în instanţă a unei persoane • writ of restitution = somaţie de restituire • writ od sub poena = citaţie • writ of summons = citare; citaţie; cerere introductivă în instanţă

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• to write to = a scrie; a redacta • to write down to = a reduce • to write off to= a amortiza • to write out to = a redacta un act; a emite un cec • to write up to = a ţine registrele la zi • written agreement = convenţie scrisă • written assent = acord scris • written consent = consimţământ scris • written evidence = dovadă scrisă • written interrogation / interrogatories = comisie rogatorie • written law = drept scris • written promise = angajament scris • written proof = probă scrisă • written words prevail over printed words = cuvintele scrise au prioritate faţă

de cele tipărite.

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APPENDIX II 2. Further Practice: exercises and applications

1.Find synonyms in the text “A. THE BRITISH COURT SYSTEM ” for the following English words and expressions:

• not an expert • to handle • petty • infringement of the law • soliciting money or goods • stealing money, property of goods • offence that is tried in the Crown Court • document authorising the arrest of a person or a search of his property • the head of the judiciary • to justify

2. Fill in the blanks to obtain a summary of the text “A. THE BRITISH COURT SYSTEM”:

A ……….. magistrate, otherwise known as a ……….. of the ………. deals

with ……… and criminal cases that are nor serious enough to go as far as the Crown or County Courts. Unlike………… magistrates, who receive a ………….. and are allowed to sit ………, they can claim only ……… that arise in the course of their …………. duties. Magistrates handle all ………….. offences as well as some “…………” offences, where the defendant prefers a ………… without …………. They also decide which cases should be referred to the higher ……….., during what is termed ……………. Proceedings.

3.Complete the table with the nouns which match with the verb in the first column (the glossary might help you!): VERB NOUN (EVENT OR

ACTION) NOUN (PERSON)

SIT APPEAL HEAR TRY CLAIM 4.Match the two parts of the sentences:

a. The appeal courts b. Magistrates generally hear cases of petty crime as c. In civil action, a claimer who has suffered 1. harm or injury seeks a remedy. 2. reverse or uphold decisions of the lower courts. 3. a court of the first instance.

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5. True or false? Read text “C. COURTS vs. TRIBUNALS IN THE UNITED KINGDOM ” and

decide whether the following statements are true or false: a) The general meaning of the word “tribunal” includes the courts. b) Domestic tribunals perform a disciplinary function in the sporting world. c) Tribunals have purely an adjudicative role. d) Strictly speaking, only courts may decide what is or is nor law. e) Tribunals tend to follow the previous decisions of the courts. f) Tribunals have more informal proceedings than courts. g) Tribunals are gradually replacing courts because they are more efficient, facter

and provide expert advice.

6. Choose the best word in bold to complete each of these sentences. Many of the expressions are particular to the law of England and Wales, but will probably have equivalents in other countries.

a) People who cause trouble in a particular place may be legally prevented from going to that place again. This is known as a banning / bankruptcy order.

b) In Britain, if someone is causing someone distress, harm or harassment, the police can apply for an ASDA / ASBO in order to restrict their behaviour.

c) In a civil case, a court may impose a search / hunt order allowing a party to inspect and photocopy or remove a defendant's documents, especially if the defendant might destroy those documents.

d) A promise given to a court (for example, by a vandal who promises not to damage property again) is known as an undertaker / undertaking.

e) Sometimes a temporary injunction can be imposed on someone until the case goes to court. This is known as a temporary or interlocutory / interim injunction.

f) A restraining / restriction order is a court order which tells a defendant not to do something while the court is still making a decision.

g) If someone applies for an injunction against a person with a mental disability, a third party will be appointed to act for that person. This third party is known as a litigation assistant / friend .

h) A frozen / freezing order or injunction prevents a defendant who has gone abroad from taking all his assets (for example, the money in his bank account) abroad (although he is allowed to take out money for living expenses).

i) If you want to stop a magazine publishing an article about you (or photographs of you) that you do not like, you can apply for a publicity / publication injunction.

j) A person who repeatedly harasses, pesters or hits another person might be given a

k) non-proliferation / non-molestation order to prevent him / her from continuing to do it.

l) If your partner is trying to get you out of your shared home, or if he / she won’t let you back into your home, you can apply for an occupation / occupying order to remain / get back into the home.

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m) Housing / Home injunctions might protect you if you live in a council home and your neighbours are annoying and harassing you, or if you are a private tenant being harassed by your landlord.

n) A Common / Public Law injunction can sometimes be applied for if one partner of an unmarried couple is harassing, assaulting or trespassing on the property of the other.

o) Reconstitution / Restitution orders are court orders asking for property to be returned to someone.

p) An order of discharge / disclosure is a court order releasing someone from bankruptcy.

q) Many injunctions have a penal / penalty notice attached, which states that if the injunction is broken, the offender could be sent to prison.

r) Injunctions aimed at preventing violence may carry a power of arrest / arrears clause, which allows the police to take the offender into custody if the injunction is broken.

s) If an injunction is broken, committal / committee proceedings might follow: this is a process in which a court is asked to send the person who has broken the injunction to prison.

7. Crime is an illegal act which may result in prosecution and punishment by the state if the accused (= the person or people charged with a crime) is / are convicted (= found guilty in a court of law). Generally, in order to be convicted of a crime, the accused must be shown to have committed an illegal (= unlawful) act with a criminal state of mind. Look at the list of crimes in the box, then look at the categories below. Decide which category each one comes under, and write the crime in the appropriate space in the table. Some crimes can be listed under more than one category. One of the words / expressions in the list is not a crime. 1. abduction 2. actual bodily harm 3. aiding and abetting (= assisting) an offender 4. arson 5. assault 6. battery 7. being equipped to steal 8. bigamy 9. blackmail 10. breach of the Official Secrets Act 11. breaking and entering 12. bribery 13. burglary 13. careless or reckless driving 14. committing a breach of the peace 15. conspiracy 16. contempt of court 17. criminal damage (vandalism, and sometimes also hooliganism) 18. deception or fraud in order to obtain property, services or pecuniary advantage 19. driving without a licence or insurance 20. drug dealing 21. drunk in charge / drink driving

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22. embezzlement 23. espionage 24. forgery 25. grievous bodily harm 26. handling stolen goods 27. indecency 28. indecent assault 29. infanticide 30. manslaughter 31. misuse of drugs 32. money laundering 33. murder 34. obscenity 35. obstruction of the police 36. paedophilia 37. perjury 38. perverting the course of justice 39. piracy 40. possessing something with intent to damage or destroy property 41. possessing weapons 42. racial abuse 43. rape 44. robbery 45. sedition 46. suicide 47. terrorism 48. theft 49. treason 50. unlawful assembly 51. wounding

CRIME CATEGORIES

CRIMES AGAINST PERSON

CRIMES AGAINST PROPERTY

PUBLIC ORDER OFFENCES

ROAD TRAFFIC OFFENCES

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SEXUAL OFFENCES

POLITICAL OFFENCES

OFFENCES AGAINST JUSTICE

9. Look at these situations, then decide which crime has been, or is being, committed in each case. These crimes can all be found in the table above, but try to do this exercise first without referring back. In some cases, more than one option is possible. (Note that you do not need to use all of the crimes cited in the previous exercise).

a. TV Newsreader: Police believe the fire was started deliberately at around 2 o'clock this morning when burning paper was pushed through the letterbox. They are appealing for witnesses to the event.

b. Crown Prosecutor: Tell us in your own words exactly what happened. Witness: We were in the bar when a man walked up to the victim, pointed a gun

at his head and said 'You’re a dead man.' Then he pulled the trigger three times. c. Police constable: You were going in excess of 60, and this is a 30 zone. Man in car: I think you’re mistaken, constable. I was well within the speed

limit. d. Woman: When I got home, I discovered that my back door had been broken

open. Police officer: Had anything been stolen? Woman: Yes, my new laptop, £200 in cash and my pet parrot. e. Police officer: I’m sorry sir, but I have to report your actions to the proper

authorities. Man: Look, officer, here’s £50. Let’s just pretend this didn’t happen, eh? f. Extract from a newspaper article: The two men were arrested and detained

after police checks revealed that they had been distributing pornographic material over the Internet.

g. Interviewing detective: All right, Dagsy. We know you didn’t do the

Cornmarket Street bank job yourself, but we know that you were involved somehow. Police suspect: I was just driving the car Mr Regan, honest. And I didn’t know

what the others were up to until they came back with bags of cash.

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h. TV newsreader: The car bomb went off in a busy marketplace, injuring several shoppers.

i. Radio newsreader: The police raided a house in New Street this morning and

recovered 250 illegal copies of the latest Harry Potter film, along with professional film copying equipment.

j. Man reading newspaper: I don’t believe it. The Foreign Minister has been

caught giving government secrets to another country! k. Political agitator: Now is the time to rise up and overthrow the running dogs

that call themselves our government. Death to the Prime Minister and his cronies! Death to the Royal Family! Death to the system that bleeds us dry and abandons us!

Unwashed anarchist hordes: Hooray! l. Shop assistant: I can’t accept this £20 note, madam. It’s a fake. Customer: What? You mean it’s counterfeit? Shop assistant: I'm afraid so. Do you have any other means of payment? m. Extract from a newspaper article: The investigation into the rail accident

confirmed that it occurred because the rail company had failed to maintain the tracks properly over a five-year period. Eight people died when the train left the tracks and hit an embankment.

n. Police officer: Take your time and tell me what happened, dear. Pensioner: The man who came to my door said he had come to read the electric

meter, so I let him in. I went to the kitchen to make him a cup of tea. When I returned he had gone, and so had my television.

o. TV newsreader: A journalist working in the city disappeared this morning.

Police later received a note from a militant faction claiming that they had taken him and were holding him hostage.

p. Woman: The graffiti around here is getting really bad. Last week somebody

wrote 'Chelsea are rubbish' on our garden wall. Man: That’s not good. It should say „Chelsea are complete rubbish”. r. Man: Look at this note, Cheri. It arrived in the post today. It says „Leave

£10,000 in cash in the bin by the bus stop, or I’ll tell everyone your dirty secret”. Woman: Don't worry about it, Tony. It's probably another little joke from him

next door. s. Prosecuting lawyer: Tell us again what happened on the night of the incident,

Mr Williams. And let me remind you that you are still under oath. Defendant: Like I told you, I was at home asleep, so I have no idea what

happened. Prosecuting lawyer: Don’t lie, Mr Williams. We have video evidence that you

were in the nightclub until 3am. And you were seen by several witnesses. t. Defendant: I don't recognise this court. This trial shouldn't be taking place.

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Judge: Sit down, Mr Dowling. You are out of order. Defendant: Oh shut up, you silly old woman. Go back home and do some

washing up or something. u. Accountant: We’ve audited these accounts very carefully, and they just don't

add up. Office manager: What exactly are you saying? Accountant: I’m saying that someone in your office has been secretly helping

themselves to company money. v. TV presenter: Jimmy Bond, a former government intelligence agent, has just

published a book about the Intelligence Service called „Lifting the Lid”. In it, he gives us a revealing insight into the life of a secret agent. The government have strongly condemned the book, claiming it contains classified information that should not be in the public domain.

w. TV presenter: A bank account was opened in a false name in the Bahamas,

and the cash deposited there. The funds were then sent by telegraphic transfer to another account in Switzerland, and the Bahamas account was closed. It was at this stage that the Metropolitan Police called in Interpol.

x. Magistrate: Constable, could you explain what happened? Police constable: I was proceeding down Newland Street at approximately 8

o'clock last night when I heard a lot of shouting coming from The Newlands Inn public house. On entering, I saw the accused in a state of undress and dancing on a table.

Magistrate: You mean he was naked? Police constable: Yes. As the day he was born. z. Radio newsreader: The judge in the trial of notorious gangster Joe „Pinko”

Pallino adjourned the court today after it was revealed that several members of the jury had been offered bribes and other incentives to pass a verdict of “not guilty” on Mr Pallino.

10.End the bolded words with the proper ending:

___actually; ___ain; ___artial; ___bunal; ___cation; ___closed; ___cus; ___dential; ___ding; ___ficial; ___gation; ___iator; ___int; ___itator; ___judice; ___lements; ___lic; ___native; ___our; ___promise; ___sent; ___sion; ___tiations; ___tical; ___tration; ___trator; ___ual; ___und; ___untary; ___utions.

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a) Mediation is one form of what is known as alter____ dispute resolution (ADR for short).

b) Mediation is generally preferable to liti ____ because it is normally quicker and cheaper.

c) Mediation is vol____, but requires the con____ of all the parties involved before it can go ahead.

d) Mediation is carried out by a neutral, imp____ third party called a med____. e) This third party is also sometimes known as a facil____. f) He / she spends time with all the parties involved in jo___ ses____ and also in

private meetings (known as 'cau___'). g) Any information that the parties provide is confi___ and cannot be dis____ to

the other parties. h) He / she attempts to solve problems and find resol____ that are prac____ and

bene____ to everyone. i) Unlike a formal court case, nego____ are in private. j) Resolutions and sett____ are based on com____ and on mut____ agreement

and acceptance. k) If no agreement is reached, the parties involved will not be legally bo____ by

anything that has been discussed. l) A mediation process is said to be 'without pre____', which means that

anything that was said during the mediation cannot be used if there is no agreement and the case has to go to court.

m) If an agreement is reached and the parties sign a written agreement, this agreement becomes bin____, and the parties are obliged to hon____ it. This can then be enforced contr____ if necessary.

n) Another form of ADR is arbi____. o) This will involve all parties in the dispute appearing before a tri ____. p) An arbi____ is usually an expert in a particular field, and so this form of

dispute resolution may be preferable in disputes where specialist knowledge is required.

q) However, unlike mediation, this form of resolution involves an adjudi____, which will probably benefit one side in the dispute more than the other(s).

r) This form of dispute resolution is also less private than mediation (each party is aware of what the other party is saying about it), and information may end up in the pub____ dom___.

11. Test your knowledge with this quiz.

1. A contract between a man and a woman to become husband and wife is called a / an:

(a) wedding (b) engagement (c) marriage (d) affair (e) relationship 2. Rearrange the letters in bold to make a word meaning husband or wife:

pusoes 3. True or false: If you have a partner, you are assumed to be married. 5. What is the difference between a separation and a divorce?

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6. Complete this sentence with the appropriate word in bold: The judge decided that the marriage had never been legal and so he

annexed/antedated /annulled it (in other words, he declared that it had no legal effect).

7. What is the name we give to the notifiable offence of going through a ceremony of marriage to someone when you are still married to someone else? Is it:

(a) monogamy (b) bigamy (c) polygamy (d) monotony 8. In England and Wales, what kind of court deals with divorces? Is it: (a) a magistrates’ court (b) a Crown Court (c) a High Court (d) a County Court (e) a court of appeal 9. In England and Wales, a divorce can only be granted on one condition

(known as grounds for divorce): that the marriage has broken down irretrievably (in other words, it cannot be made right again). Here are two of the conditions necessary for an irretrievable breakdown:

(a) The couple have lived apart for two years and both consent to divorce. (b) The couple have lived apart for five years and no consent from the

other spouse is needed. 12. Here is a simplified version of the main divorce procedure. Complete the gaps with words from the box. affidavit; decree absolute; decree nisi; dispute (x3); petition (x2); petitioner (x2); respondent (x2).

a. A request (a __________) is made by the __________ ( = the person applying for the divorce) to the court for a divorce, in which the facts about the people involved and the reasons for the divorce are explained.

b. The court sends the divorce __________ to the __________ ( = the other spouse), together with a form called an Acknowledgement of Service form, which he / she completes. In it, he / she indicates whether or not he / she wishes to __________ the divorce.

c. He / She returns this to the court within 7 days. (If he / she wants to __________ the divorce and / or its terms, he / she is sent another form to complete).

d. Assuming that the __________ does not want to __________ the divorce or the terms, a copy of the Acknowledgement of Service form is sent to the __________, who confirms the facts sent in their original petition by swearing an __________.

e. The court pronounces the __________, an order ending the marriage subject to a full __________, which comes later and ends the marriage completely.

f. If a divorced couple have children, one of them may be required to make regular payments to their ex-husband / ex-wife to help pay for the upbringing of the children.

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13. The Universal Declaration of Human Rights was proclaimed and adopted by the General Assembly of the United Nations in 1948. It details the rights of individual men and women to basic freedoms such as freedom of speech, freedom of religious worship, freedom from fear and hunger, etc. The Declaration has 30 sections, or articles. Here are the first ten articles in their original form. Read through them, then match words in the articles with the dictionary definitions 1 – 27 below the box. The words are in the same order as the definitions.

Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2: Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3: Everyone has the right to life, liberty and security of freedom. Article 4: No one shall be held in slavery or servitude; slavery and the slave

trade shall be prohibited in all their forms. Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. Article 6: Everyone has the right to recognition everywhere as a person before

the law. Article 7: All are equal before the law and are entitled without any

discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination.

Article 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him / her by the constitution or by law.

Article 9: No one shall be subjected to arbitrary arrest, detention or exile. Article 10: Everyone is entitled in full equality to a fair and public hearing by an

independent and impartial tribunal, in the determination of his / her rights and obligations and of any criminal charge against him / her. 1. The same (adjective) 2. The things that you should be allowed to have (noun) 3. A feeling you have that you have done right or wrong (noun) 4. To have the right to do or have something (verb) 5. Difference (noun) 6. A group of people with distinct physical characteristics or culture (noun) 7. Referring to government or party politics (adjective) 8. Having the legal power over someone or something (adjective) 9. The act of limiting something (noun) 10. The situation of being free (noun)

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11. The situation of being a person who belongs to someone and works for them without payment (noun) 12. The situation of having to work very hard for someone, usually in poor conditions and with very little or no pay (noun) 13. The buying and selling of people against their will (noun: 2 words) 14. To say that something must not happen (verb) 15. Hurting someone badly so that they are forced to give information (noun) 16. Causing fear, anguish and inferiority (adjective) 17. The unfair treatment of someone because of their colour, class, religion, language, etc (noun) 18. The act of breaking a rule (noun) 19. The act of encouraging, persuading or advising someone to do something morally or legally wrong (noun) 20. A court, often one which specialises in a particular area of law (noun) 21. Basic, essential (adjective) 22. Laws and principles under which a country is governed (noun) 23. Done at random, without reason (adjective) 24. The act of keeping someone so that he / she cannot escape or enjoy freedom (noun) 25. The punishment of being made to live in another country, or another part of a country (noun) 26. Not biased or prejudiced (adjective) 27. Duty to do something (noun) 14. Legal Latin. Latin words and expressions are still relatively common in the legal profession. How many of the meanings on the left can you match with the expressions on the right? 1. By the operation of the law. 2. Caught in the act of committing a crime. 3. On the face of it, or as things seem at first. 4. A gift (usually money) with no obligations attached. 5. Starting again. 6. On its own, or all alone. 7. The right to be heard in a court. 8. Among / In addition to other things. 9. A legal action or application pursued by one party only. 10. After the event. 11. Equally, or with no distinction. 12. An act, such as murder, which is a crime in itself. 13. When a threat is implied in a contract, and as a result the contract is invalid.

ab initio actus reus ad litem bona fide(s) bona vacantia consensus ad idem corpus delicti de facto de jure de novo doli capax doli incapax ex gratia ex parte ex post facto habeas corpus in flagrante delicto in loco parentis in personam in rem

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14. A legal remedy against wrongful imprisonment. 15. Taken as a matter of fact, even though the legal status may not be certain. 16. For a short time. 17. Legal action against a person (for example, one party in a case claims that the other should do some act or pay damages). 18. By this fact, or the fact itself shows this to be true. 19. Acting in place of a parent. 20. A matter on which a judgement has been given. 21. A decision correctly made by a court, which can be used as a precedent. 22. Capable of committing a crime. 23. The duty to prove that what has been alleged in court is true. 24. In total good faith, a state which should exist between parties to some types of legal relationship. 25. A real agreement to a contract by both parties. 26. A situation where the legal title is clear. 27. Referring to the case at law. 28. Mad, or not completely sane. 29. With no owner, or no obvious owner. 30. The mental state required to be guilty of committing a crime. 31. An action done in return for something done or promised. 32. From the beginning. 33. Legal action against a thing (for example, one party claims property or goods in the possession of another). 34. An act forbidden by criminal law. 35. Not capable of committing a crime. 36. The real proof that a crime has been committed. 37. An act which is not a crime, but is forbidden. 38. In good faith. 39. Acting in a way which exceeds your legal powers.

inter alia in terrorem ipso facto ipso jure locus standi mala in se mala prohibita mens rea non compos mentis onus probandi pari passu per curiam per se prima facie pro tempore quid pro quo res judicata uberrimae fidei ultra vires

15. Contracts, formal letters and other legal documents frequently contain “reference” words that are not often used in other areas of English. These words refer to time,

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place, result, etc, in connection with the documents they appear in. Complete sentences 1 – 14 with appropriate words from the box. To help you, each sentence is followed by an explanation in italics of the function of the missing word.

Aforementioned; hereafter; hereby; herein; hereinafter; hereof; hereto (x2);

Heretofore; hereunder; herewith; thereafter; therein; thereinafter; thereinbefore;

a) We are somewhat confused, as the contract we received named the

company as The Sophos Partnership in the first paragraph, but __________ as Sophos Ltd. (listed or mentioned afterwards in the document)

b) Could you explain why the interest rate is quoted as 17% on the final page of the agreement you sent us, but as 15% __________. (listed or mentioned earlier in a document)

c) He was present when the exchange took place, and has been summoned as witness __________. (of this event / fact)

d) For more information, see the documents listed __________. (below this heading or phrase)

e) All parties are expected to comply with the conditions stated __________, unless a formal application is made to do otherwise. (in this document)

f) Final delivery of the merchandise is to be made no later than the dates listed __________. (relating or belonging to this document)

g) The copyright for this book will __________ be in the name of the author, Archibald Thrupp. (from this time on)

h) According to the schedule of payments attached __________, invoices must be submitted at the end of each month. (to this document)

i) You are advised to refer to the previous contract, and the terms and conditions cited __________. (in that document)

j) The accused is to report to his probationer twice a week for the first month, and __________ once a week for the next five months. (after that)

k) The parties __________ acting as trustees are to be consulted regularly. (previously, earlier or before now)

l) Thank you for the prompt despatch of our goods. Please find a cheque enclosed __________. (together with this letter or document)

m) This agreement is made on 1 April 2007 between Blueberry Press (__________ called the PUBLISHER), and Michael Halmsworth (__________ called the AUTHOR). (stated later in this document: the same word should be used to complete both gaps)

n) Mr. Harrison has failed to comply with the terms set out in his contract, and we __________ revoke the contract. (as a result or in this way)

o) The __________ company was awarded the contract under certain conditions. (mentioned earlier)

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16. Read the text “The American Court System. A.THE US CONSTITUTION” and test your understanding by saying whether the following statements are true or false:

a. Only one court – the Supreme court – may administer justice. b. A case concerning the Us Navy comes within the judicial power of US Courts. c. Anyone except ambassadors, government ministers and consuls may appeal

to the Supreme court. d. All crimes must be tried by a jury. e. A person may be convicted of treason only if two witnesses prepared to give

evidence can be found. f. The original American Constitution makes the necessary provisions to ensure

freedom of speech. g. No person shall be tried twice for the same crime.

17. Complete the text below contrasting civil law, common law and criminal law using the words in the box. based on; non-criminal; bound by; codified; custom; disputes; precedents; provisions; rulings; legislation.

The term “civil law” contrasts with both “common law” and ”criminal law”. In the first sense of the term. Civil law refers to a body of law 1)............ written legal codes derived from fundamental normative principles. Legal 2)……………….. are settled by reference to this code, which has been arrived at through 3)…………….. Judges are 4)…………… the written law and its 5)………………. In contrast, common law was originally developed through 6)……………. at a time before laws were written down. Common law is based on 7)………………….. created by judicial decisions, which means that past 8)………………… are taken into consideration when cases are decided. It should be noted that today common law is also 9)…………., i.e. in written form. In the second sense of the term, civil law is distinguished from criminal law and refers to the body of law dealing with 10) ……….. matters such as breach of contract.

18. Complete the sentences below using the words in the box

bill; directive; ordinance; regulations; statutes.

a. The Town Council will conduct a public hearing regarding a proposed.................... concerning property tax.

b. According to the...................... concerning working time, overtime work is work which is officially ordered in excess of 40 hours in a working week or in excess of eight hours a day.

c. Early this year, the government introduced a new................ on electronic commerce to Parliament.

d. A number of changes have been made to the federal ................... governing the seizing of computers and the gathering of electronic evidence.

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e. The European Union........................ on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data.

19. Match these documents (1-9) with their definitions (a-i):

1. affidavit; 2. answer; 3. brief; 4. complaint; 5. injunction; 6. motion; 7. notice; 8. pleading; 9. writ.

a. a document informing someone that they will be involved in a legal process and instructing them what they must do. b. a document or set of documents containing the details about a court case. c. a document providing notification of a fact, claim or proceeding. d. a formal written statement setting forth the cause of action or the defence in a case. e. a written statement that somebody makes after they have sworn officially to tell the truth. which might be used as proof in court. f. an application to a court to obtain an order, ruling or decision. g. an official order from a court for a person to stop doing something. h. in civil law, the first pleading filed on behalf of a plaintiff, which initiates a lawsuit, setting forth the facts on which the claim is based. i. the principal pleading by the defendant in response to a complaint.

20. Match each verb (1-5) with its definition (a-e):

1. to draft a document; 2. to issue a document; 3. to file a document with an authority; 4. to serve a document on someone (or to serve someone with a document); 5. to submit a document to an authority. a. to deliver a legal document to someone, demanding that they go to a court of law or that they obey an order. b. to produce a piece of writing or a plan that you intend to change later. c. to deliver a document formally for a decision to be made by others. d. to officially record something, especially in a court of law. e. to produce something official.

21. Underline the common Latin words and phrases in the text. Do you know what they mean?

The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot be determined whether the contract sued on is written, oral or implied by conduct. The complaint alleges breach of contract as follows: „At all times herein mentioned, plaintiffs were a part [sic] to the Construction Contract, as well as intended beneficiaries to each subcontract for the construction of the house. In light of the facts set out above, defendants, and each of them, have breached the Construction Contract: On its face, the claim alleges only that

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defendants „breached the Construction Contract”. But LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its breach. 22. Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h).

1. ad hoc; 2. et alii (et al.); 3. et cetera (etc.); 4 .exempli gratia (e.g.); 5. id est (i.e.); 6. per se; 7. sic; 8. versus (vs. or v.). a. thus (used after a word to indicate the original. usually incorrect spelling or grammar in a text). b. for example (used before one or more examples are given). c. for this purpose (often used as an adjective before a noun). d. against (versus is abbreviated to v: in case citations, but to „vs.” in all other instances). e. and others (usually used to shorten a list of people. often a list of authors, appellants or defendants). f. and other things of the same kind (used to shorten a list of similar items). g. by itself (often used after a noun to indicate the thing itself). h. that is (used to signal an explanation or paraphrase of a word preceding it).

23. Match each Latin term (1-10) with its English equivalent (a-j):

1. de facto; 2. ipso facto; 3. inter alia; 4. per annum; 5. pro forma; 6. pro rata; 7. quorum; 8. sui juris; 9. ultra vires; 10. videlicet (viz.) a. among other things; b. per year; c. number of shareholders or directors who have to be present at a board meeting so that it can be validly conducted; d. in fact; e. of one’s own right able to exercise one's own legal rights; f. proportionally; g. by that very fact itself; h. as a matter of form; i. as follows; j. beyond the legal powers of a person or a body.

24. Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun:

cases; disputes; clients; law; contracts; legislation; corporations; decisions; defendants.

1. advise; 2. draft; 3. litigate; 4. practise; 5. represent;

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6. research. 25. Choose the words from the box which can be combined with the word lawyer to describe different types of lawyer:

bar; corporate; defence; public-sector; sole; tax; government; trial; patent; practitioner.

26. Match each verb (1-5) with the noun it collocates with (a-e):

1. violate; 2. call; 3. overturn; 4. gain; 5. conduct. a. affairs; b. representation; c. a meeting; d. a decision; e. a law.

27. Decide which of the following words and phrases can go with the verb to file. You may need to consult a dictionary:

an action; an AGM; charges; a claim; a document; a fee;an appeal; a complaint; an injunction; an amendment; a breach; a brief; a debt; a defence; a dispute; a motion; provisions; a suit.

28. Complete the sentences below using the verb phrases in the box. In some cases, there is more than one correct answer:

are hesitant to; ruled that; dismissed; finding that; held that; rejected

1. Courts ........................... uphold restraints on trade. 2. The Court ................... punitive damages can be awarded in a contract case. 3. The Court...................... plaintiffs’ claims that the disclosure constituted a breach of the parties' agreement, as reflected in the privacy policy the company posted on its website. not to disclose such personal information,..................... the posting of such a policy did not create an enforceable agreement between the parties. 29. Read the following pairs of sentences and decide which one is correct:

1. a. Ron considered asking a senior partner for advice. b. Ron considered to ask a senior partner for advice. 2. a. The client decided settling the contract dispute in court. b. The client decided to settle the contact dispute in court. 3. a. Case preparation involves interviewing witnesses. b. Case preparation involves to interview witnesses. 4. a. By withholding consent, Jones risks being sued by Keats. b. By withholding consent, Jones risks to be sued by Keats. 5. a. Sam suggests emphasising the idea that Jones withheld consent deliberately. b. Sam suggests to emphasise the idea that Jones withheld consent deliberately.

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6. a. The prospective buyer refused waiting any longer. b. The prospective buyer refused to wait any longer. 7. a. The client mentioned having had an argument with his landlord. b. The client mentioned to have had an argument with his landlord. 8. a The defendant delayed responding to the plaintiffs request. b. The defendant delayed to respond to the plaintiffs request.

30. Complete the sentences below using the correct form of the verbs in the box:

argue; breach; gather; give; hear; re-draft; sue; tell.

1. My client is considering…………………… his landlord for breach of contract. 2. The defendant delayed ………………….his approval for the assignment of the lease. 3. Jones risked ......................... the assignment clause of the contract. 4. After reading his colleague’s comments, the associate lawyer decided......................... his closing argument. 5. Among other things, preparing a strong case involves........................... evidence. 6. I am looking forward to ………………….. your closing argument when you present it in court. 7. My client refuses…………………. us about the difficulties he had with his landlord. 8. The defendant’s attorney suggested. .................... that his client needed more information before he could agree to the assignment.

31. Match the words in italics (1-5) with their definitions (a-e):

1. arbitrary considerations; 2. credibility of witnesses; 3. predicated on a dispute; 4. defendant asserts; 5. attempt is unavailing a. unsuccessful; b. state something is true; c. not based on reason, random; d. can be believed; e. based on.

32. Match these words or phrases from the text (1-4) with their synonyms (a-d):

1. to outlaw something; 2. to bring a claim against someone; 3. entitlement; 4. claimant. a. a person asserting a legal right which has been violated; b. a right to benefits specified by law or contract; c. to make something illegal; d. to assert a legal right alleged to have been violated

33. Match these verbs (1-6) with their definitions (a-f):

1. to waive; 2. to hear; 3. to plead; 4. to apply; 5. to appeal; 6. to challenge

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a. to formally request that a decision of an inferior body be reviewed by a superior one; b. to argue a case in court; c. to give something up; d. to make use of something (when deciding a case); e. to question something; f. to listen to a case at a relatively formal proceeding

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APPENDIX III 3. International Law Glossary

� Few words that are used a lot in the legal profession:

1. damage(s) = Money claimed by someone as compensation for harm done = 1. avarie; daună; deteriorare; degradare; pagube; prejudiciu; piedere; 2. daune interese; despăgubire

2. commit (to ) = To send someone to prison or to a court = 1. a încarcera; a trimite pe cineva în închisoare; 2. a încredinţa; a da în sarcina cuiva; a depune în faţa unei comisii

3. judicial = An adjective referring to a judge or to the law = juridic; judicial; judecătoresc

4. innocent = Not guilty of a crime = nevinovat 5. offence = Any act which is not legal = 1. insultă; jignire; ofensă; 2. act ilegal;

contravenţie; culpă; delincvenţă; delict penal (Marea Britanie); infracţiune; 3. agresiune; atac; crimă; 4. act ilegal; crimă; delict (SUA); infracţiune (SUA)

6. lawyer = A person who has studied law and can act for people on legal business = avocat; jurist; jurisconsult

7. dispute = A disagreement or argument between parties = conflict; contestaţie; controversă; dispută; divergenţă; litigiu

8. tribunal = A specialist court outside the judicial system which examines special problems = tribunal; curte de justiţie

9. case = A set of arguments or facts put forward by one side in a legal proceeding = afacere; argumente; caz; cauză; instanţă; proces; speţă

10. judge = An official who presides over a court = judecător; magistrat; judecător la curtea regală (Martea Britanie)

11. plead = To make an allegation in legal proceedings = a invoca drept scuză; a pleda; a se justifica; a susţine o cauză

12. defendant = Someone who is accused of a crime in a criminal case = acuzat; intimat; inculpat; pârât; persoană acuzată

13. claimant = A person who makes a claim against someone in a civil court = reclamant; solicitant

14. settlement = An agreement reached after an argument = 1. fixare; hotărâre; reglare; reglementare; rezolvare; soluţionare; 2. acord; aranjament; convenţie; înţelegere; tranzacţie; 3. lichidare; achitare; 4. domiciliu legal

15. arrest = To hold someone legally so as to charge them with a crime = arest; arestare; detenţie; sechestrare; suspendare (a unei hotărâri judecătoreşti)

16. hearing = A case which is being heard by a committee, tribunal or court of law = audiere; dezbaere judiciară; examinare; înfăţişare

17. convict = To find that someone is guilty of a crime = 1. condamnat; deţinut; ocnaş; 2. dovadă care incriminează

18. breach = Failure to carry out the terms of an agreement = infracţiune; încălcare a unui acord; violare a unui acord; încălcare a condiţiilor contractului; încălcare a unei convenţii; violare a unei convenţii

19. prosecute = To bring someone to court to answer a criminal charge = a conduce o afacere/ anchetă; a da în judecată; a institui/ a intenta un proces; a deschide o acţiune publică; a pune sub urmărire judiciară; a urmări în justiţie/ pe cale judecătorească.

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20. appeal = To ask a high law court to change its decision or sentence = apel; atacarea unei sentinţe judiciare; recurs

21. accuse = To say that someone has committed a crime = a acuza, a inculpa, a invinovăţi, a incrimina

22. binding = Having the legal ability to force someone to do something = oblogatoriu, care leagă, irevocabil

23. civil = An adjective referring to the rights and duties of private persons or organisations = civil

24. defence = The arguments used when fighting a case = apărare; mijloc de apărare; argumntele folosite în favoarea unui acuzat într-un proces

25. contract = A legal agreement between two or more parties = contract 26. criminal = An adjective referring to crime = 1. asasin; delincvent; criminal;

ucigaş; făptuitor al unei crime; persoană care comite infracţiunea de crimă; 2. penal; criminal

27. jury = A group of 12 citizens who decide whether or not someone is guilty in a trial = curtea cu juri; juraţi; juriu

28. evidence = A written or spoken statement of facts which helps to prove or disprove something at a trial = dovadă; depoziţie; evidenţă; mărturie; probă

29. fine = To order someone to pay money as a punishment = 1. amendă; 2. avans; acont; arvună; 3. primă plătită pentru înnoirea unei locaţiuni

30. injunction = A court order telling someone to stop doing something, or not to do = injuncţiune; ordin judecătoresc de amânare; hotărâre juridică de amânare

� International law glossary: 31. admit someone to the Bar (US) = to grant a person permission (from a Bar

association) to practise law (UK call someone to the Bar) = admitere, acceptare în barou

32. advocate = person who pleads in court = avocat; apărător; avocat pledant 33. affidavit = written statement which might be used as proof in court that

somebody makes after they have sworn officially to tell the truth = afidavit; declaraţie scrisă cudepunere de jurământ utilă ca dovadă în justiţie

34. appellant = person who appeals a decision to a higher court (US); see petitioner = apelant; reclamant; reclamant în apel; recursant

35. appellate court (also court of appeal, appeals court) = court which reviews judgments held by lower courts = curtea de apel

36. arbitration = form of dispute resolution (an alternative to litigation through the court system) in which disputes are heard and decided by an impartial arbitrator or arbitrators, chosen by the parties to the dispute shares) = arbitraj; judecată

37. bailiff (UK) = an officer of the sheriff who makes arrests and serves writs: (US) a court officer who keeps order during court proceedings = aprod; portărel; intendent; administrator; uşier

38. the Bar (US) = legal profession; (UK) the profession of barristers = 1. instanţă; 2. avocaţi; jurişti; profesia de jurist; 3. avocatură, barou; 4. impediment juridic; 5. bara în faţa judecătorului unde pledează avocaţii

39. bar and bench = organization of lawyers which may regulate the profession = avocatură şi magistratură

40. bar examination = (US) written examination taken by prospective lawyers in order to qualify to practise law = interogare la bară

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41. Bar Vocational Course = (UK) required course to be taken. 42. by law = graduates wishing to practise law as a barrister. This is followed by

a period of pupillage = avocat stagiar 43. barrister (UK) = lawyer admitted to plead at the bar and in superior courts; a

member of one of the Inns of Court barristers’ chambers offices of barristers or a group of barristers = avocat pledant la curtea superioară; membru al baroului; avocant pledant (Marea Britanie)

44. “benefit of the bargain” = damages; see expectation damages = beneficiul contractual

45. bill = formal proposal for legislation = 1. act; 2. proiect de lege; 3. reclamaţie; 4. bancnotă, cambie; notă de plată; poliţă

46. breach of contract = failure to perform a contractual obligation or interference with another party’s performance which incurs a right for the other party to claim damages = încălcare a unui contract; nerespectare a unor termeni contractuali; neîndeplinire/ violare a contractului

47. brief document = or set of documents containing the details of a court case = concluzii juridice; dosar al unui proces; expunere a dovezilor apărării; rezumat

48. by-law = (UK) municipal law (US ordinance) = decizie a autorităţii locale 49. call to the Bar = (UK) granting of permission to practise law as a barrister

(US admission to the Bar) = a admite în barou; a admite stagiari 50. case law (also common law; judge-made law) = body of law formed through

judicial/court decisions, as opposed to law formed through statutes or written legislation = autoritatea lucrului judecat; jurisprudenţă; precedente

51. civil law = 1) legal system developed from Roman codified law, established by a state for its regulation; 2) area of the law concerned with non criminal matters, rights and remedies = cod civil; drept civil

52. claimant = (UK) person who brings a civil action; (US) plaintiff = reclamant; solicitant

53. clerk = (UK) court employee who takes records, files papers and issues processes; (US) also a law student who assists a lawyer or a judge with legal work such as research or writing = grefier; funcţionar; secretar; vânzător în magazin (SUA)

54. common law (also case law; judge-made law) = body of law formed through judicial/court decisions, as opposed to law formed through statutes or written legislation = drept cutumiar; drept jurisprudenţial

55. complaint = first pleading filed on behalf of a plaintiff which initiates a lawsuit, setting forth the facts on which the claim is based (civil law).

56. confer = to grant, to bestow = cerere de deschidere a unui proces; plângere; reclamaţie

57. conflict of interest = clash between a person’s personal interests and their public or fiduciary responsibilities consensual agreed to by all parties = conflict de interese

58. court of first instance = see lower court = judecătorie (SUA); instanţa de fond; prima instanţă de judecată; instanţa de jurisdicţie la care s-a introdus acţiunea

59. criminal law (also penal law) = area of law that deals with crime, punishment or penalties = drept penal; cod penal (Marea Britanie, crown law)

60. crown court = (UK) higher court of first instance for criminal cases in England and Wales. Together with the High Court of Justice and the Court of Appeal, it forms the Supreme Court of Judicature; Appeals from the Crown Court go to the criminal division of the Court of Appeal and then to the House of Lords.

61. damage loss = or harm as a result of injury =

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62. default = failure to perform a duty, whether legal or contractual; failure to pay a sum that is due = 1. absenţă; contumacie; lipsă; neprezentare; 2. incapacitate de a plăti o datorie; insolvabilitate; neîndeplinire a unei obligaţii; neplată; neachitarea unei datorii

63. defendant = (also respondent) person against whom an action is brought in court. Defendant is generally used when referring to the answering party to a civil complaint; respondent is generally used when referring to the answering party to a petition for a court order = acuzat; intimat; inculpat; pârât; persoană acuzată

64. delegate = to give (duties) to another, to entrust another (with duties) = a delega

65. delegate = (UK) third party in a delegation to whom the duties have been transferred (US detegatee).

66. delegation of duties = transfer of responsibilities to be performed under a contract to another = delegaţie; subrogaţie

67. delegator = person who transfers his duties to another = delegator 68. delivery = formal act of transferring something or passing possession on to

someone else = 1. distribuire; livrare; predare; 2. cesiune; punere în stăpânire; transfer 69. directive = order from a central authority, for example, the European

Community. A European Community Directive is binding as to the result, but each Member State may choose how to implement it = directivă

68. disability = condition of being unable to do something due to a physical or mental impairment = incapacitate; dizabilitate

69. disbar = (US) to declare a person unable to practise law. In the UK the barrister is expelled from his or her Inn of Court and is no longer allowed to represent in court = a exclude; a radia din baroul avocaţilor

70. discharge = to release a person from an obligation = 1. a se achita de o obligaţie; a disculpa; a dezvinovăţi; 2. a se elibera; a concedia; a pune în libertate; a da drumul în închisoare; 3. a achita; a plăti; 4. a descărca

71. disclaimer = repudiation or denial of a legal right or claim = renunţare explicită; refuz

72. draft = to produce a piece of writing or a plan that you intend to change later = 1. ciornă; proiect; schiţă; 2. plată prin cambie sau bilet de ordin

73. duress = unlawful threat or coercion used to force someone to enter into a contract = ameninţare; coerciţie; constrângere; detenţiune; declaraţie obţinută sub constrângere; privare de libertate; violenţă 74. duty solicitor = avocat numit din oficiu

75. duty of care = obligation of a person to act with = obligaţia de precauţie; de circumspecţie; obligaţia de diligenţă

76. employment tribunal = judicial body that resolves disputes = tribunalul conflictelor de muncă

77. endorsement = (UK) writing, including signature, on the back of a document which allows for the transfer of the instrument (US indorsement) = aprobare; adeziune; andorsare; act modificator al unui contract anterior; gir

78. enforceable = capable of being made effective. In the case of an agreement, it is one in which one party can legally compel the performance of the other party = executoriu

79. enforceable right = interest the law gives effect or force = drept executoriu 80. essential term = provision required for a contract to exist = element esenţial

al unui contract 81. et alii = (et al.) (Latin) and others.

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82. et cetera = (etc.) (Latin) and other things of the same kind. 83.exempli gratia = (e.g.) (Latin) for example. 84. exemplary damages = see punitive damages = daune interese pentru

prejudicii morale 85. expectation damages = (also benefit of the bargain damages); compensation

for the loss of benefits that a person would have received had the contract been performed = daune inerente

86. expert witness = person who the court considers to possess specialised knowledge or skill and who is allowed to offer an opinion as testimony in court = martor specialist

87. fee = simple whole interest in a piece of real property; the broadest interest in property allowed by common law = 1. cotizaţie; onorariu; remuneraţie; taxă; 2. poperietate moştenită

88. fiduciary = obligation to act solely in the best interests of another = curator; depozitar; executor; testamentar; fiduciar; moştenitor fiduciar

89. file with = to officially record (e.g. in a court of law) = a înregistra un act; a pune în dosar

90. model = document or agreement with blank spaces to be filled in 91. formation = act of bringing a contract into existence = întemeiere; fondare 92. fraud = deliberate misrepresentation or concealment of a material fact to

gain an advantage = fraudă 93. fraud = the inducement of the act of misrepresenting or misleading someone

so as to entice them to enter into a contract or agreement = a frauda 94. good faith = state of mind whereby a person has an honest conviction = bună

credinţă 95. high court = (UK) court which hears serious civil cases and appeals from

county courts; (US supreme court) = curtea supremă de justiţie 96. id est = (i.e.) (Latin) that is. 97. infringement = unauthorized use of material protected by copyright, patent

or trademark law = abuz; infracţiune; încălcare; violare; violare/ încălcare a legii 98. inheritance = property which can be transferred after death to a heir =

moştenire 99. injunction = official order from a court for a person to stop doing something

= injuncţiune, ordin judecătoresc de amânare; hotărâre juridică de amânare. 100. injured party = a party that has suffered a violation of its legal rights =

partea vătămată 101. Inn of Court = one of the four institutions that barristers in the UK must

join in order to practise law as barristers 102. instrument = written formal legal document = act juridic; contract;

document oficial 103. intent = mental desire / willingness to act in a certain way = intenţie; scop;

înţelesul unei formulări într-o lege/ document. 104. inter alia = (Latin) among other things. 105. ipso facto = (Latin) by the very fact itself. 106. issue = to produce or provide something official = 1. chestiune problemă;

2. a emite; a elabora; a promulga; a soluţiona 107. judge = public official who hears and decides cases in court = judecător 108. judge-made law = (also case law. common law) body of law formed

through judicial/court decisions, as opposed to law formed through statutes or written legislation = jurisprudenţă

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109. judgment lien = lien imposed on a person against whom a judgment has been entered but remains unsatisfied = drept de sechestru

110. juris doctor (JD) = (US) law degree (UK LLB). 111. juvenile court = court that hears cases involving children under a certain

age = tribunalul minorilor; instanţa care judecă procesele unde sunt implicaţi minori 112. law school (US) = graduate school offering courses in law leading to a law

degree = facultatea de drept; studii în drept 113. legal entity = individual or organization that can enter into contracts, is

responsible for its actions and can be sued for damages = persoană juridică 114. legal opinion = document outlining a lawyer’s understanding of the law

regarding a particular situation = consult juridic 115. legal person = artificial entity created by law and given legal rights and

duties; for example a corporation = persoană juridică 116. Legal Practice Course (LPC) = (UK) course that must be completed before

a person can be qualified as a solicitor. It is the first step to becoming a solicitor (the second being working as a trainee solicitor, and the last being successful completion of the Professional Skills Course).

117. licence = (UK) permission or authority to do something which would otherwise be illegal. No interest is transferred in this case. (US license) = autorizaţie; permis; licenţă (Marea Britanie); act de cesiune; autorizaţie; brevet; cesiune; patent; permis; licenţă (SUA)

118. lien = interest or attachment in another’s property as security for payment of an obligation = 1. amanet; garanţie; gaj; privilegiu; zălog; 2. drept de sechestru; drept de retenţie; drept de gaj cu deposedare; drept de sechestru pe averea datornicului

119. lien creditor = creditor whose claim is secured by a lien = datornic sub drept de gaj

120. life estate = state granted only for the life of the grantee = posesiune viageră; uzufruct imobiliar viager

121. life tenant = person who holds a life estate or an estate pur autre vie, or for the benefit of another = uzufructuar (ă)

122. liquidated damages = (also stipulafed damages) compensatton that is agreed to in the contract = despăgubiri/ daune interese precizate în cazul neexecutării contractului

123. LLB (Legal Baccalaureus) = (UK) Bachelor of Laws, law degree (US JD, juris doctor)

124. lower court (also court of first instance) court whose decisions may be appealed to a higher court = judecătorie (SUA); instanţa de fond; prima instanţă de judecată; instanţa de jurisdicţie la care s-a introdus acţiunea

125. magistrates’ court = (UK) court that has very limited powers = curtea magistraţilor

126. maker = person who makes a promissory note = promiţătorul 127. market economy = economic system which permits the open exchange of

goods and services between producers and consumers. In a market economy prices and production are largely determined by supply and demand. The contrasting model to a market economy is central planning and a non·market economy = economia de piaţă

128. material breach = breach of contract which is so fundamental or significant that the non breaching party is excused from its contractual obligations and may recover damages = violare/nerespectare în fapt

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129. memorandum of association = (UK) legal document that sets out the important elements of the corporation, including its name, address, objects and powers. It is one of the two fundamental documents upon which registration of a company is based. (US articles of incorporation) = contract de asociere; memorandum de asociere; statut al unei societăţi

130. merchant = person who is engaged in the buying and selling of goods for profit = 1. comerciant; negustor; 2. comercial (merchant bank = bancă comercială)

131. merchantability warranty = implied by law that something is fit for the ordinary purposes for which it is used.

132. minutes = notes or records of business conducted at a meeting = dare de seamă; proces-verbal

133. monopoly = organization or group that has complete control of an area of business so that others have no share = monopol

134. moot court = fictitious court where law students argue hypothetical cases 135. mortgage = transfer of legal title of a property, often land, to another as

secunty for payment of a debt = 1. amanet; garanţie; gaj; ipotecă; ipotecare; 2. act de amanetare; act de ipotecare; 3. împrumut ipotecar; împrumut imobiliar

136. motion = application to a court to obtain an order, rulling, or decision = moţiune

137. nemo dat rule = principle that states that one cannot give away more than one possesses. If one does not possess title to something, then one cannot transfer title of that thing to another.

138. non-consensual = not agreed to or formed by agreement of all parties = neconsensual

139. non-obvious = quality of an invention being unexpected or surprising or sufficiently different from other existing things. It is often a requirement for obtaining a patent = neclar

140. notice = document providing notification of a fact, claim, or proceeding = aviz; avertisment; consult; notificare; sfat

141. novation = substitution of an obligation with a new one, thereby canceling the old obligation = mod de stingere a obligaţiei; novaţiune

142. obligee = person to whom a right is owed = creditor 143. obligor = person who owes a right = debitor 144. offeree = party to whom an offer is made = propunător de ofertă 145. offeror = party that displays a willingness to enter into a contract of

specified terms = ofertant 146. ordinance = (US) municipal law (UK by-law) = decret; ordonanţă 147. paralegal = person who assists a lawyer with legal advice but is not a

lawyer = paralegal 148. Parol Evidence = the rule that evidence, apart from the actual contract itself

cannot modify, explain, vary or contradict the written terms of a contract = depoziţia martorului; depoziţie verbală; mărturie în instanţă (parole = eliberare condiţionată)

149. party = person or entity involved in an agreement = parte legală; persoană legală

150. pass of judgment/ a sentence = to give a verdict = a pronunţa o sentinţă. 151. patent = grant from the government giving exclusive rights to an inventor

to make, use or sell an invention for a specified period of time = sentinţă 152. payee = person who is being paid in a bill of exchange = beneficiarul unei

plăţi; creditorul unei cambii

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153. pecuniary compensation = remedy that involves compensating through money = despăgubire pecuniară

154. penal law = (also criminal) area of law that deals with crime, punishment or penalties = drept penal

155. per annum = (Latin) per year. 156. per se = (Latin) by itself. 157. personal property = (also chattels in common law) things that are moveable

(as opposed to real property) and capable of being owned = avere mobiliară; bunuri mobiliare; bunuri mobile; proprietate personală

158. petitioner = (US) person who brings a petition to a court, especially on appeal = petiţionar; reclamant; solicitant

159. pleading = formal written statement setting forth the cause of action or the defence in a case = dezbatere judiciară; pledoarie; procedură juridică; concluzii

160. pledge = property which is security for a debt or obligation = amanet; asigurare; gaj; mărturie; obligaţie; promisiune

161. pledgee = person who receives a pledge or the creditor in a secured transaction = amenetar; creditor gajist; deţinător al unui obiect gajat

162. pledgor = person who gives a pledge or the debtor in a secured transaction = datornic cu gaj; debitor gajist; persoană care amanetează

163. priority right = right to enforce a claim before others = drept de preferinţă 164. pro forma = (Latin) as a matter of form. 165. pro rata = (Latin) proportionally. 166. promisee = person to whom a promise or an assurance that something will

or will not be done is made = beneficiar al unei promisiuni 167. promisor = person who makes a promise or an assurance that they will or

will not do something = promiţător 168. promissory note = formal unconditional written note made and signed by a

person obligating him or her to pay a specified sum of money to another specified person or to the bearer of the document = bilet la ordin

169. punitive damages = (also exemplary damages) compensation designed to punish the breaching party for conduct found to be reprehensible, e.g. fraud = despăgubiri punitive

170. pupilage = (UK) one year of apprenticeship to become a barrister which follows the completion of the Bar Vocational Course = stagiu de pregătire a unui avocat

171. pur autre vie = estate granted only for the life of someone other than the grantee.

172. real property = land including anything attached to it = bunuri imobiliare; bunuri imobile; dreptul, titlul sau cota pe care o are o persoană în posesia unei proprietăţi imobiliare; proprietate imobiliară; proprietate reală

173. reasonably prudent person (also reasonable person) = fictitious person used as a standard for legal reasoning in negligence cases

174. Registrar of Companies = (UK) officer in charge of keeping the list of limited companies registered at the Companies House.

175. regulation = order controlling through rules or restrictions = dispoziţii; instrucţiuni; prescripţii; reglementare; regulament; regulă

176. rejection = refusal to accept an offer = respingere (to reject a claim = a contesta o creanţă)

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177. release = to discharge a person from an obligation = 1. anulare; eliberare; eliberare condiţionată; punere în libertate; scutire; 2. autorizaţie; permis; 3. cesiune; transfer

178. remedy = means of preventing, redressing or compensating a violation of a right = compensaţie; despăgubire; recurs; remediu; reparaţii juridice

179. respondent = see defendant = acuzat, inculpat; intimat; reclamant; responsabil; vinovat

180. restitution damages = compensation which is equal to the amount of money the breaching party received under the breached contract = daune de restituire

181. right = interest that is recognised and protected by law = drept; justiţie; privilegiu

182. right of fair use = (US) defence to a claim of copyright infringement whereby permission from the artist is not required so long as usage of that artists work is reasonable and limited (UK). The concept of fair dealing is the closest equivalent: however, fair dealing is more restrictive than the US doctrine of fair use and in order to be protected, the use has to fall in one of several categories).

183. security = property pledged in order to secure the fulfillment of a promise or loan = 1. cauţiune, garanţie; gaj; 2. garant; girant

184. senior partner = person who has been a partner of a law firm for many years (the exact number of years may differ in each firm): in some law firms, an official title given to some partners = avocat care are dreptul de a pleda în consiliul reginei

185. serve = a document on someone; to deliver a legal document to someone (which usually demands they go to a court of law or obey an order) = a deservi; a ispăşi o pedeapsă; a notifica; a preda o citaţie/ somaţie

186. sex discrimination =different treatment, usually awarding privileges to some and denying privileges to others based on gender = discriminare sexuală

187. sic (Latin) = thus. 188. single European market = established under the Single European Act, came

into effect on 1 January 1993: the core of the process of European economic integration involving the removal of obstacles to the free movement of goods, services, people and capital between member states of the European Union = piaţă unică

189. small-claims court = court that handles civil claims for limited amounts of money = tribunal de plângeri minore

190. sole practitioner = lawyer who practises on his/her own = avocat liber profesionist

191. solicitor = (UK) lawyer who is qualified to give legal advice and prepare legal documents = 1. petiţionar; petent; solicitant; 2. avocat consultatnt; consilier juridic; jurist; consilier judecătoresc (SUA)

192. sole practice = law practice with only one lawyer = practică liberă 193. special damages = (also consequential damages) damages that are awarded

due to a particular wrong or particular circumstances = 194. statute = formal written law created by a legislative body such as a

parliament, as opposed to a law created through the courts = act legislativ; lege; ordonanţă; regulament; statut

195. statutory forms = forms required by law = acte statutare 196. statutory lien = security interest created by legislation due to the economic

relationship between the debtor and the creditor = ipotecă legală; statutory burglary = furt calificat

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197.submit = to deliver a document formally for a decision to be made by others = a prezenta un document / o ofertă; a supune atenţiei

198. sui juris = (Latin) of one’s own right: able to exercise one's own legal rights.

199. tangible chattel/ property = property other than land that is capable of being touched or felt = bunuri corporale; proprietate tangibilă

200. tort = wrong committed between private individuals for which the law provides a remedy = delict; ofensă; pagubă; prejudiciu

201. trade mark = (UK) word, phrase or symbol used by a manufacturer, seller or dealer to distinguish their goods apart from the goods of others (US trademark) = marcă comercială

202. trade union = (UK) association of employees formed to further their mutual interests with respect to their employment, for example working hours, wages, conditions, etc. (US labor union) = sindicat

203. trainee solicitor = (UK) position of one who is completing the practical apprenticeship required for a person to qualify as a solicitor. It is the second step to becoming a solicitor (follows the completion of the legal Practice Course and is followed by the Professional Skills Course) = avocat stagiar

204. tribunal = body with either judicial or quasi-judicial functions = tribunal 205. ultra vires = (Latin) unauthorised; beyond a person's legal powers. 206. usufruct = right to use another person’s property for a period of time, to be

later restored to the owner with only ordinary wear and tear = uzufruct 207. versus = (vs, or v,) (Latin) against 208. vest = 1) to give full title to a property to a person; 2) to give a person an

immediate fixed right = a învesti; a împuternici; a transfera un drept legal 209. videlicet = (viz.) (Latin) as follows. 210. writ = document informing someone that they will be involved in a legal

process and instructing them what they must do = citaţie; document; înscris; mandat; ordonanţă; somaţie

211. written resolution = written expression of an intention or opinion decided at a meeting = decizie scrisă

212. stipendiary = a full-time paid magistrate who has qualified as a lawyer. 213. lay magistrate = unpaid and is an established member of the local

community. 214. circuit = a geographical division for legal purposes; England and Wales are

divided into six. 215. recorder = a part-time judge with ten years standing as a barrister or

solicitor = arhivar (Marea Britanie); avocat numit de coroană în funcţia de judecător; grefier; judecător supleant (SUA); magistrat principal (Marea Britanie)

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APPENDIX IV 4. Table of Tenses (vezi tabelul in format Pdf)