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English for Law Anul I
Profesor: Lect. univ. drd. Roxana Patraş
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 learningcentered 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
Prezentarea unor noţiuni de morfologie Construcţii verbale (Grammar Briefing – Verb Phrase)
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”: -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: -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”: -to try (a încerca, a supune) → tried → tried [to try a case before a judge/a jury – a suspune un caz deliberării unui judecător/ unui juriu] -to apply (a aplica, a cere, a solicita, a petiţiona) → applied → applied
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 5 .[to apply for a loan – a solicita un împrumut.
2. a determina) → brought → brought [to bring verdict to – a da o sentinţă. EX: -to abide (a se conforma. a intenta un proces] -etc. Although they also have three forms. irregular verbs do not observe the same rule. [For the complete list of irregular verbs which go into idiomatic constructions see Appendix 1] 6 . a soluţiona. a se supune) → abode/ abided → abode/ abided [to abide by a law – a se supune unei legi. Regular and Irregular Verbs Whereas regular verbs abide a law of formation (“-ed” ending). a da. to bring to confession – a determina o confesiune. to bring a charge/ a legal action/ a suit/ an appeal – a acuza. irregular verbs depart from the usual pattern of inflection. to abide by the judge’s decision – a se supune deciziei judecătorului] -to bring (a aduce.
you are. in “tense-formers” and “mood-formers”. he/she/it is. will First Form: I shall sue him for the damage which his breach of contract causes. He said I/you/he/she/(it)/we/you/they would solicit money after the trial is judged. they are Second Form: I/he/she/it was. you are. at their turn. a. b. 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. we/you/they were Third Form: been -to have First Form: I/you/we/you/ they have. 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. The tense-formers are: -to be First form: I am. Second form: I/you/he/she/(it)/we/you/they could bring an action to court for compensation. 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. They can be divided. -may EX: 7 . we are. but help to build the compound forms of the English verb (for tenses and moods).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. 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.
-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.First Form: I/you/he/she/(it)/we/you/they may be released on parole/ on bail. -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 might plead not guilty. Second Form: I/you/he/she/(it)/we/you/they needed to prescribe the restrictive clauses of the contract. -must First Form: I/you/he/she/(it)/we/you/they must follow the previous decisions of the courts. 8 . -ought (to) First Form: I/you/he/she/(it)/we/you/they ought to extinct the sanction.
EX: EX: 9 . The matter fell outside’s court jurisdiction.4. By default. The judge gave up to bribery. 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): The prosecutor sits in judgment on the defendant’s patent facts. The defendant’s lawyer brings the procedure to end. Transitive and Intransitive Verbs: Transitive verbs are those verbs which transfer the effect of an action upon an object/ person: The judge reversed the decision. The plaintiff (the claimant) suits the defendant. the accused was cast to paying damages to the claimant.
Past Perfect (Mai mult ca perfectul). CONTINOUS ASPECT 1. to withdraw (a case/ a charge). Future Perfect (Viitorul anterior). Past (Trecutul nedefinit). Aspect (Aspect). (See below the in Appendix THE TABLE OF TENSES) EX: 10 . Personal and Impersonal Moods The impersonal moods of the English verb are mobile enough to turn into adjectives. The impersonal moods are: -The Infinitive (Infinitivul) or the First form of a verb: to file (an amendment/ a complaint/ a document/ a fee/ an injunction). Present Perfect Continuous (Prezentul perfect continuu). Voice (Diateză). Present Perfect (Prezentul perfect). Number (Număr). As a rule for the regular verbs the person and number forms are identical. IMPERSONAL MOODS. -The Participle (Participiul) or the Third Form of a verb: filed. COMMON vs. Consequently the English verb has 12 distinctive forms for: Present (Prezentul). EX: EX: EX: The personal moods of the English verb are determined by Person (Persoană). withdrawn. -The Gerund (Gerunziul) which forms with an „-ing” ending: filing. The indicative mood (Indicativul) has 6 tenses. each of them with its common and continuous aspect. Future (Viitorul apropiat). Tense (Timp).THE CONJUGATION OF THE ENGLISH VERB: PERSONAL vs. Past Perfect Continuous (Mai mult ca perfectul continuu). Present Continuous (Prezentul continuu). Future Continuous (Viitorul continuu). Future Perfect Continuous (Viitorul anterior continuut). SIMPLE vs. adverbs or nouns. excepting the third person singular (he/ she/ it) that acquire a final “-s”: 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. COMPOUND TENSES. Past Continuous (Trecutul Continuu). withdrawing.
They would like to file the writ of execution. we should grant the permission to unseal the documents.The Conditional mood (Conditionalul) and the Subjunctive Mood (Conjunctivul) form with auxiliaries „should” and „would”. It is used to give orders or to make requests. EX: But for the bylaws of the Company. The Imperative Mood takes the present form of the verb. EX: Call the meeting! 11 .
You assert your right to speak freely. He/ She/ It does not assert his/her/its right to speak freely. You hold in custody the drunken driver. Interrogative 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 I hold in custody the drunken driver (Îl ţin în custodie pe şoferul beat). The Present Tense (First Form) expresses an action/state which is made in the present of speech: EX Affirmative I assert my right to speak freely (Eu îmi afirm dreptul de a vorbi liber). You assert your right to speak freely. We do not hold in custody the drunken driver You do not hold in custody the drunken driver. We hold in custody the drunken driver. You hold in custody the drunken driver.2. They assert their right to speak freely. 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? 12 . We assert our right to speak freely. They do not assert their right to speak freely. We do not assert our right to speak freely. You do not assert your right to speak freely. He/ She/ It holds in custody the drunken driver. You do not assert your right to speak freely. They hold in custody the drunken driver. Negative I do not assert my right to speak freely (Eu nu îmi afirm dreptul de a vorbi liber). He/She/It does not hold in custody the drunken driver. He/She/ It asserts his/her/its right to speak freely. They do not hold in Interrogative Do I hold in custody the drunken driver? (Îl ţin în custodie pe şoferul beat?) Do you hold in custody the drunken driver. Negative 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. Simple and Compound Tenses There are two Simple tenses of the English Verb: 1.
They held in custody the drunken driver. The Past Tense (Second Form) expresses an action/state which is made in a specified moment of the past: EX: Affirmative I asserted my right to speak freely (Eu mi-am afirmat dreptul de a vorbi liber). We did not hold in custody the drunken driver. He/ She/ It held in custody the drunken driver. Negative I did not hold in custody the drunken driver (Nu l-a ţinut în custodie pe şoferul beat). We did not assert our right to speak freely. They did not hold in custody the drunken driver. You did not hold in custody the drunken driver. Interrogative 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 I held in custody the drunken driver (L-am ţinut în custodie pe şoferul beat). They did not assert their right to speak freely. You asserted your right to speak freely. You asserted your right to speak freely. You did not assert your right to speak freely. We held in custody the drunken driver. They asserted their right to speak freely. He/She/ It asserted his/her/its right to speak freely. Negative I did not assert my right to speak freely (Nu mi-am afirmat dreptul de a vorbi liber). You held in custody the drunken driver. He/She/It did not hold in custody the drunken driver. the drunken 2. Interrogative 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? 13 . You did not hold in custody the drunken driver. We asserted our right to speak freely. He/She/ It did not assert his/her/its right to speak freely. You held in custody the drunken driver.custody driver. You did not assert your right to speak freely.
(Tocmai am depus mărturie) You have made a statement. He/She/It is having a writ served to the client. It forms with the auxiliary verb “to be” (First Form) + the “-ing” Form of the verb. We are not having a writ served to the client. Interrogative Have I made a (Am depus adineaori?) Have you statement? Has he/She/it statement? Have we statement? Have you statement? Have they statement? statement? mărturie made made made made made a a a a a 14 . They have not made a statement. Negative I have not made a statement (Nu am depus mărturie adineaori). We have made a statement. You have not made a statement. He/She/It is not having a writ served to the client. You are having a writ served to the client. It forms with the auxiliary verb “to have” (First Form) + the Third Form of the verb. We are having a writ served to the client. The Present Perfect (prezentul perfect) expresses an action/state which happened in the past but carries its consequences in the present. EX: Affirmative I am having a writ served to the client. You have made a statement.There are 10 compound tenses of the English Verb and they form as follows: 1. They are having a writ served to the client. We have not made a statement. They are not having a writ served to the client. You are not having a writ served to the client. He/She/it has not made a statement. They have made a statement. (Trimit chiar acum citaţia clientului) You are having a writ served to the client. You have not made a statement. (Nu trimit chiar acum citaţia clientului) You are not having a writ served to the client. Negative I am not having a writ served to the client. He/She/it has made a statement. The Present Continuous (prezentul continuu) expresses a durative action/state which happens in the moment of speech. EX: Affirmative I have made a statement. Interrogative 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.
Negative I have not filed a claim to the Police. The Present Perfect Continuous expresses actions/states which started in the past and continue in the present. You have been getting through a bar examination since 5 o’clock. Negative I have not been getting through a bar examination since 5 o’clock. Interrogative 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. You have not filed a claim to the Police. You have not been getting through a bar examination since 5 o’clock. We have filed a claim to the Police. (Nu sunt supus unei interogari la bară începând cu ora 5). (Sunt supus unei interogări la bară începând cu ora 5). He/She/It has filed a claim to the Police. We 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. You have filed a claim to the Police. It forms with two auxiliary verbs “to have” + “to be” (Third Form) + “-ing” Form of the verb EX: Affirmative I 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. Interrogative Have I been getting through a bar examination since 5 o’clock? (Sunt supus unei interogări la bară începând cu ora 5?).Affirmative I have filed a claim to the Police. You have not been getting through a bar examination since 5 o’clock. We 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 been getting through a bar examination since 5 o’clock. They have not filed a claim to the Police. They have filed a claim to the Police. They have been getting through a bar examination since 5 o’clock. He/She/It has not filed a claim to the Police. (Tocmai am depus o plângere la poliţie) You have filed a claim to the Police. You have been getting through a bar examination since 5 o’clock. 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? 15 .
You were lodging an appeal to the Court of Appeals. The Past Continuous expresses a durative action/state in the past.They have not been getting through a bar examination since 5 o’clock. 4. You had discharged the defendant from all liability. We were not lodging an appeal to the Court of Appeals. You had not discharged the defendant from all liability. We were lodging an appeal to the Court of Appeals. He/she/it was lodging an appeal to the Court of Appeals. The Past Perfect expresses an action/state initiated and finished before another past action/state.(Nu depuneam un recurs la Curtea de apel) You were not lodging an appeal to the Court of Appeals. Interrogative Had I discharged the defendant from all liability? (Am desărcinat inculpatul de orice răspundere?). You were not lodging an appeal to the Court of Appeals. It forms with the auxiliary verb “to be” (Second Form) + “-ing” Form of the verb EX: Affirmative I was lodging an appeal to the Court of Appeals. They were not lodging an appeal to the Court of Appeals Interrogative 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. They were lodging an appeal to the Court of Appeals Negative I was not lodging an appeal to the Court of Appeals. It forms with the auxiliary verb “to have” (Second Form) + the Third Form of the verb EX: Affirmative I had discharged the defendant from all liability. (Am desărcinat inculpatul de orice răspundere). (Depuneam un recurs la Curtea de apel) You were lodging an appeal to the Court of Appeals. Negative I had not discharged the defendant from all liability. He/she/it was not lodging an appeal to the Court of Appeals. (Nu am desărcinat inculpatul de orice răspundere). Had you discharged the defendant from all liability? 16 .
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. It forms with the auxiliary verb “to have” (Second Form) + “to be” (Third Form) + “-ing” Form of the verb. Interrogative 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? 17 . He/she/it had not found a substantial proof. You had not been writing a minute. Interrogative Had I found a substantial proof? (Am gasit o probă concludentă). (Nu scriam un proces verbal) You had not been writing a minute. EX: Affirmative I had been writing a minute. We had discharged the defendant from all liability. You had found a substantial proof. Negative I had not found a substantial proof (Nu am gasit o probă concludentă). You had not discharged the defendant from all liability. We had found a substantial proof. You had discharged the defendant from all liability. They had not found a substantial proof. We had not discharged the defendant from all liability. They had not discharged the defendant from all liability. You had not found a substantial proof. He/she/it had not been writing a minute. Negative I had not been writing a minute. You had not found a substantial proof. (Scriam un proces verbal) You had been writing a minute. He/she/it had found a substantial proof. The Past Perfect Continuous expresses durative actions/states from the past which started before another past action/state. We had been writing a minute. They had found a substantial proof. They had discharged the defendant from all liability. We had not found a substantial proof. He/She/It had not discharged the defendant from all liability. You had found a substantial proof. Had he/She/It discharged the defendant from all liability? Had we discharged the defendant from all liability? Had you discharged the defendant from all liability? Had they discharged the defendant from all liability? Affirmative I had found a substantial proof (Am gasit o probă concludentă). You had been writing a minute.He/She/It had discharged the defendant from all liability. We had not been writing a minute. He/she/it had been writing a minute.
He/she/it will comply with the enforceable judgment of the Court. 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? 8. They will not comply with the enforceable judgment of the Court. You will comply with the enforceable judgment of the Court.They had been writing a They had not minute. The Future Continuous expresses durative future actions/states.BE) + “-ing” Form of the verb. Tomorrow you will be calling the cause on the Negative Tomorrow I will not be calling the cause on the roll to the Supreme Court of Justice all day long. writing a minute. (Voi respecta hotărârea executorie a curţii). The Future Tense expresses actions/states which will start after the moment of speech. Interrogative Shall/ will I comply with the enforceable judgment of the Court? (Voi respecta hotărârea executorie a curţii?). EX: Affirmative Tomorrow I will/shall be calling the cause on the roll to the Supreme Court of Justice all day long. It forms with the auxiliaries “shall/ will”+ the First Form of the verb. Will you be calling the cause on the roll to the Supreme Court of Justice 18 . Negative I shall/ will not comply with the enforceable judgment of the Court. You will not comply with the enforceable judgment of the Court. (Nu voi respecta hotărârea executorie a curţii). (Mâine nu voi pune procesul pe rol la Curtea Supremă de Justiţie). They will comply with the enforceable judgment of the Court. Tomorrow you will not be calling the cause on the roll to the Supreme Court Interrogative 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?). He/she/it will not comply with the enforceable judgment of the Court. EX: Affirmative I shall/ will comply with the enforceable judgment of the Court. You will comply with the enforceable judgment of the Court. (Toată ziua de mâine voi pune procesul pe rol la Curtea Supremă de Justiţie). We shall/will comply with the enforceable judgment of the Court. It forms with the auxiliary “shall/will” + “to be” (Infinitive invariable form . You will not comply with the enforceable judgment of the Court. We will/shall not comply with the enforceable judgment of the Court. been Had they been writing a minute? 7.
roll to the Supreme Court of Justice all day long. (Nu voi fi reziliat contractul. (Nu voi fi discharge? (Voi fi 19 .) You will not have cancelled the contract. Tomorrow we will be calling the cause on the roll to the Supreme Court of Justice all day long. EX: Affirmative I shall/will have cancelled the contract. He/she/it will not have cancelled the contract. Tomorrow they will be calling the cause on the roll to the Supreme Court of Justice all day long. 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. They will have cancelled the contract. (Voi fi certificat of discharge. (Voi fi reziliat contractul. Tomorrow we will not be calling the cause on the roll to the Supreme Court of Justice all day long. We shall/will have cancelled the contract. of Justice all day long. You will have cancelled the contract. The Future Perfect expresses a completed action/state before another action/state in the future. They will not have cancelled the contract. Negative I shall/will not have cancelled the contract. He/she/it will have cancelled the contract. It forms with the auxiliary “shall/will”+ “to have” (Infinitive invariable form . Interrogative 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 cancelled the contract? Will you have cancelled the contract? Will they have cancelled the contract? Affirmative Negative Interrogative I shall/will have borne I shall/will not have Shall/will I have borne record of the deed of borne record of the deed record of the deed of discharge. Tomorrow you will 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 he/she/it will not be calling the cause on the roll to the Supreme Court of Justice all day long. We shall/will not have cancelled the contract.) You will have cancelled the contract. Tomorrow he/she/it will 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.HAVE) + The Third Form of the verb. You will not have cancelled the contract.
By the first of January you will not have been carrying on the process through the court for two months. 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. They will not have borne record of the deed of discharge. He/she/it will have borne record of the deed of discharge.HAVE) + “to be” (Third Form) + “-ing” Form of the verb. We shall/will have borne record of the deed of discharge. The Future Perfect Continuous expresses durative actions/states which happen before another moment in the future. You will have borne record of the deed of discharge. It forms with the auxiliary “shall/will”+ “to have” (Infinitive invariable form .) You will have borne record of the deed of discharge. certificat despre actul de descărcare a obligaţiei. 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 you Negative By the first of January I shall/will not have been carrying on the process through the court for two months.) You will not have borne record of the deed of discharge.despre actul de descărcare a obligaţiei. You will not have borne record of the deed of discharge. By the first of January he/she/it will not have been carrying on the process through the court for two months. Interrogative 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?). EX: Affirmative By the first of January I shall/will have been carrying on the process through the court for two months. They will have borne record of the deed of discharge. By the first of January we shall/will have been carrying on the process through the court for two months. 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. (La 1 ianuarie voi fi supus procesul dezbaterii în instanţă de două luni). Will you have been carrying on the process 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? 20 . By the first of January we 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 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. By the first of January they will have been carrying on the process through the court for two months.will 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. 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? 21 .
(habitual fact). wish. care. with verbs expressing physical or mental perceptions: see. recollect. mean. seem. observe. contain. gather (that). taste. forgive. (general fact) Every day magistrates Courts perform judicial functions in cases too trivial to be dealt with by the Crown and County Courts. hate. want. recognize etc b. think (that). belong to. EX: The courts and tribunals are the two institutions which resolve legal problems in the English law system. dislike. suppose. have (possess. know. (temporary or particular charcater of an act) EXCEPTIONS: The continuous aspect cannot normaly be used: a. love. understand. appear (seem). own). as a completed whole. feel. be (except i the passive voice) The exceptions to the exceptions which concern the law terminology: a. The barrister has asked permission to object. hear. a fact (a general or habitual fact). feel (that). like. smell. consist of. own. possess. The common aspect describes an act which is thought of as a bare statement. matter. refuse.3. with non-conclusive verbs denoting thought. emotion: believe. 1. (duration) You have been asking legal advice from the solicitor in each case. When the verbs quoted above denote voluntary actions: 22 . The continuous aspect expresses an action as a process going on at a given moment or over a period of time. (a completed action) 2. remember. forget. (repetition) It is growing difficult to deal with slander actions. Common and continuous aspect The aspect of the verb is related to the „temporal character” of the action/state described by the verb. EX: He is holding a brief to the defendant’s case. notice. (beginning of an action) I ussually dismiss groundless claims but today I am meeting the defendant’s demand.
Were you listening to his deposition/testimonial? I am gathering that the defendant is about to produce proofs to his not guilty plea.EX: Which judge is hearing the case? I am seeing the solicitor tomorrow. 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. b. 23 .
B. Aprofundarea unor noţiuni de vocabular specifice domeniului juridic (Law Terminology) 24 .
The American Court System. called upon to do substantially the same job. and stipendiary magistrates. and deal with more cases than any other court of law in the English Legal System. The magistrates’ criminal jurisdiction is principally limited to “summary” and “either way” offences (where the defendant elects not to have a jury trial). also known as lay justices. they have some legal knowledge as they receive two short courses of instruction. They both exercise their powers in a less formal court than other courts. serious fraud all come within this category. (The Romanian Court System) The British Court System Read the texts below: A. begging. 3. Although they are lay persons. These organizations are concerned with recruiting magistrates from amongst the “worthy” members of the community. Justices of peace are chosen by the Lord Chancellor on the advice furnished by Advisory Boards. 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. 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. The latter is a body of Lawyers. without any real legal training. known as Magistrates’ Courts. They are not paid a salary but receive expenses incurred in the performance of their judicial duties. who have the title of “justice of peace”. manslaughter. during which they are initiated into the basic aspects of law. The best example of these offences is theft which may involve either very small or very large amounts of money. murder. They also issue arrest and search warrants to the police. 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. 2. and is called on to pass a judgment on their fellow citizens. as less minor crimes such as drinking and driving which are tried without a jury. Where a person is charged with an indictable offence. THE BRITISH COURT SYSTEM “There are two types of magistrates in England and Wales: lay magistrates. However. The English legal system divides criminal offences into three basic categories: 1. The former is a body of men and women which has been in existence since the fourteenth century. In terms of their criminal jurisdiction the Magistrates’ Courts deal with something over 95% of all cases. including 25 . 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. which dates from the eighteenth century. minor assaults. Summary offences is the category of minor crimes such as parking offences.1. This procedure is also known as “committal proceedings”. magistrates have an important role to play in serious criminal proceedings. English in Courts of Justice: The British Court System.
the lower courts decide matters of fact and the upper courts normally deal with points of law.evidence. of law lords for an appeal hearing is normally three. Stipendiary magistrates are to be found in most of the large cities and towns of England and Wales. and level. “Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Family cases may go on appeal from the Magistrates’ Court to the County Courts. Claimants. traducere de Cristina Anghel. Its decisions hind all the lower civil courts. They are assisted by “clerks of justices”. Judges have different titles depending on their experience. In England. that is. Independently of the Executive. which is divided into three divisions: Family. or minimum number. when points of law of general public importance are involved. but generally there is a sitting of five judges”. may seek a legal remedy for some harm or injury they have suffered. simple civil actions. Teora. which can reverse or uphold a decision of the lower courts. so normally the judge considers both law and fact. previously referred to as plaintiffs. they decide 26 . set up by Acts of Parliament. like those of courts of law. http://ifile. and appellate jurisdiction. (Michael Brookes. The County Court also hears complex first instance civil cases. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. Chancery and Queen’s Bench. and bankruptcy cases. for example family matters such as undefended divorce. They are described in the guidance given to government departments as “those bodies whose functions. sentencing and procedure. first instance.rar ) C. From the High Court cases may go on appeal to the civil division of the Court of Appeal. are essentially judicial. Bucureşti. Stipendiary magistrates are full-time members of the Court chosen by the Queen on the advice of Lord Chancellor. COURTS vs. normally solicitors or barristers of at least seven years’ standing. 16-17). p. They receive wages or stipend and they are normally barristers or solicitors of at least seven years’ standing”. apply for leave to appeal. are heard in the High Court of Justice. Civil cases may leapfrog from the High Court to the House of Lords. (Cambridge Professional English in Use. Broadly speaking. B. compensation claims. David Holden& Wesley Hutchinson. TRIBUNALS IN THE UNITED KINGDOM “The system of courts in the United Kingdom is supplemented by a substantial number of tribunals. The court has both original. CRIMINAL AND CIVIL COURTS IN THE UNITED KINGDOM Duncan Ritchie. a barrister. such as the administration of estates and actions for the recovery of land. More complex civil cases.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw. Engleza pentru jurişti. A single stipendiary magistrate or three lay magistrates sit in the Magistrates’ Court. training. There are circuit judges and recorders who sit in the County Courts. The quorum. are normally heard in either the Magistrates’ Courts or the County Courts. however. Juries are now rare in civil actions. Law. bypassing the Court of Appeal. There’s no jury in a Magistrates’ Court. 2007. consumer complaints about faulty goods or services. usually without a jury. Appellants must. such as contract disputes. is talking to a visiting group of young European lawyers. The court of the House of Lords consists of twelve life peers appointed from judges and barristers.
However. paid from tax revenue. The costs of the hearing are borne by the public purse that is. and ultimately resolve their disputes without the need for legal representation. The Crown Court = the highest court of jurisdiction.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw. However. 3. 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. gained from practical experience. For example. Law.where an employer appears to not be acting in a reasonable way in removing an employee could be brought to an Employment Tribunal.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw. The intention of tribunals was to provide a less formal proceeding in which claimants could lodge claims and respondents defend claims.rar) D. The Court of Appeal/Appeal Court) = a court where a case already heard by a lower court is reviewed. TYPES OF COURTS &COURT STRUCTURES IN THE UNITED KINGDOM In the United Kingdom. and hearing accommodation. usually the last resort. Courts may be distinguished with regard to the type of cases they hear: 1. clerical staff. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.examination by a higher court of the decision-making process in a lower court”.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. The High Court = a court where serious crime offences are heard by a judge and a jury. 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. procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. http://ifile. 2. they are nonetheless inferior to the courts and their decisions are subject to judicial review . who are responsible for administering procedures.rar) “A tribunal consists of three members.” (Cambridge Professional English in Use. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks. Law. http://ifile. 27 . but legal representation is at the cost of each party. The other two are lay representatives who usually have special expertise in the area governed by the tribunal. The Appellate Court (or.(Cambridge Professional English in Use. The chairperson is normally the only legally qualified member. a case of unfair dismissal .
HIGH COURT 7. Bailiff = officer of the court whose duties include keeping order and assisting the judge and jurors. Expert witness = a person who has specialized knowledge of a particular subject who is called to testify in court. The Lower Court (or. 5. 5. MAGISTRATES’ COURT 8. Appellant/ Petitioner = person who appeals a decision to a higher court. 8. 3. The Small-Claims Court = where are tried cases which involve a small amount of money. 4. The Magistrates’ Court = a court which tries small crimes in the UK. 6. Advocate = person who pleads cases in court. Defendant /Respondent = a person who is sued in a civil law suit. 7. The Tribunal = a court where a group of specialists examine legal problems of particular type such as employment issues. COURT OF APPEAL (CIVIL) 6. The Juvenile Court = where a person under the age of 18 would be tried. The following diagram shows the court structure in the United Kingdom: 1. COURT OF APPEAL 5. 28 . 9. COUNTY COURT E. CROWN COURT 4. COURT OF JUSTICE OF THE 2. 2. PERSONS IN COURT: 1. HOUSE OF LORDS 3.4. The Court of the First Instance) = the court of primary jurisdiction where a case is heard for the first time. The Moot Court = where law students argue hypothetical cases. Plaintiff = reasonably prudent person. 6.
and treaties made. Section 2. 29 . The judicial power of the United States shall be vested in one Supreme Court.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. at stated times. in law and equity. and in such inferior courts as the Congress may from time to time ordain and establish. or which shall be made. which shall not be diminished during their continuance in office. both of the supreme and inferior courts. receive for their services. and shall. the laws of the United States. arising under this Constitution. a compensation.THE US CONSTITUTION “Article III Section 1. shall hold their offices during good behaviour. The judicial power shall extend to all cases. The judges.
under their authority. and of assembly.between a state and citizens of another state. Free Exercise Clause. the right of the people to keep and bear arms.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. and under such regulations as the Congress shall make.wikipedia. Amendment III: Protection from quartering of troops 30 . the Supreme Court shall have appellate jurisdiction. protecting the natural rights of liberty and property including freedom of speech.between citizens of the same state claiming lands under grants of different states. guarantees a speedy.law. of the press. or abridging the freedom of speech. In addition. it requires indictment by a grand jury for any capital or “infamous crime”. the trial shall be at such place or places as the Congress may by law have directed. or on confession in open court. other public ministers and consuls.-to all cases of admiralty and maritime jurisdiction. or the citizens thereof. Is was introduced by James Madison to the First United States Congress in 1789 as a series of legislative articles.” (http://topics. and between a state. and such trial shall be held in the state where the said crimes shall have been committed. through the process of ratification by three-fourths of the States. shall not be infringed. or of the press. or in adhering to their enemies. Amendment II: Militia (United States). the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution” (http://en. public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred. The Bill of Rights is a series of limitations on the power of the United States Federal government. other public ministers and consuls. and came into effect as Constitutional Amendments on December 15. citizens or subjects. with such exceptions. freedom of speech. and foreign states. A well regulated militia. and those in which a state shall be party. shall consist only in levying war against them. The Congress shall have power to declare the punishment of treason. the Supreme Court shall have original jurisdiction. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. Treason against the United States. free assembly. In all the other cases before mentioned. or forfeiture except during the life of the person attainted. shall be by jury.-to all cases affecting ambassadors. but when not committed within any state. or prohibiting the free exercise thereof. except in cases of impeachment. being necessary to the security of a free state. both as to law and fact. giving them aid and comfort. but no attainder of treason shall work corruption of blood.cornell. In all cases affecting ambassadors. and to petition the government for a redress of grievances. right to petition Congress shall make no law respecting an establishment of religion.org) “Amendment I: Establishment Clause. and free association.-to controversies to which the United States shall be a party. and prohibits double jeopardy. Sovereign state. The trial of all crimes. In federal criminal cases. a free press.-between citizens of different states. Section 3.-to controversies between two or more states. 1791.edu/constitution) B. or the right of the people peaceably to assemble. Right to keep and bear arms.
and effects. eminent domain. but in a manner to be prescribed by law. speedy trial. of certain rights. liberty.law.No soldier shall. which district shall have been previously ascertained by law.edu/constitution) 31 . in time of peace be quartered in any house. are reserved to the states respectively. and no warrants shall issue. when in actual service in time of war or public danger. nor prohibited by it to the states. Amendment IX: Protection of rights not specifically enumerated in the Constitution The enumeration in the Constitution. Amendment VI: Trial by jury and rights of the accused. and to have the assistance of counsel for his defense. nor shall private property be taken for public use. or property. Amendment VIII: Prohibition of excessive bail and cruel and unusual punishment Excessive bail shall not be required. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. self-incrimination. or to the people” (http://topics. Amendment VII: Civil trial by jury In suits at common law. where the value in controversy shall exceed twenty dollars. or in the militia. nor excessive fines imposed. shall not be construed to deny or disparage others retained by the people. nor in time of war. nor be deprived of life. No person shall be held to answer for a capital.cornell. and to be informed of the nature and cause of the accusation. public trial. without just compensation. unless on a presentment or indictment of a grand jury. without the consent of the owner. houses. to have compulsory process for obtaining witnesses in his favor. the right of trial by jury shall be preserved. Amendment IV: Protection from unreasonable search and seizure The right of the people to be secure in their persons. and no fact tried by a jury. but upon probable cause. shall not be violated. Amendment X: Powers of States and people The powers not delegated to the United States by the Constitution. shall be otherwise reexamined in any court of the United States. Amendment V: due process. against unreasonable searches and seizures. nor cruel and unusual punishments inflicted. than according to the rules of the common law. the accused shall enjoy the right to a speedy and public trial. without due process of law. right to counsel In all criminal prosecutions. Confrontation Clause. papers. except in cases arising in the land or naval forces. or otherwise infamous crime. supported by oath or affirmation. by an impartial jury of the state and district wherein the crime shall have been committed. nor shall be compelled in any criminal case to be a witness against himself. and the persons or things to be seized. and particularly describing the place to be searched. double jeopardy. to be confronted with the witnesses against him.
THE COURT STRUCTURE IN THE USA The following diagram shows the court structure in the USA: THE SUPREM E COURT COURTS OF APPEAL (12 circuits) COURT OF APPEAL (Federal Circuit) COURT OF MILITAR Y APPEALS 94 DISTRIC T COURTS TAX COURT INTERNA TIONAL TRADE COURT CLAIMS COURT COURT OF VETERA NS APPEALS COURT OF MILITAR Y REVIEW 32 .C.
The majority of judges are barristers. The appointment of judges is not a political appointment. Magistrates Magistrates usually work in Magistrates’ Courts. Advocates) In England and Wales. adoption. but they cannot practise as barristers. but the appointment has to be approved by Congress. affiliation. in the federal courts and the Supreme Court. judges are appointed by the Lord Chancellor*. they have the right to speak. state judges can be appointed by the state governor or can be elected. the role of Lord Chancellor was to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs. These courts hear cases of petty crime. Judges In England. Principles and Types of Laws PEOPLE IN THE LAW Barristers (Lawyers. lay magistrates (unqualified. There are two main types of magistrates: stipendiary magistrates (qualified lawyers who usually sit alone). The role of the jury is to use 33 . Judges cannot be Members of Parliament**. They are also used in some coroner’s inquests. notably actions for libel. a barrister is a member of one of the Inns of Court (= the four law societies in London to which lawyers are members). and judges remain in office unless they are found guilty of gross misconduct. The minimum requirement is that one should be a barrister or solicitor of ten years’ standing. The jury Juries are used in criminal cases. ** Note that in the USA. At the time this book was published. maintenance and violence in the home. Barristers have the right of audience in all courts in England and Wales: in other words. but they do not have that right exclusively. 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). * 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. Recorders They are practising barristers who act as judges on a part-time basis. English for Lawyers: People in the Law. and in some civil actions.2. judges are appointed by the President. who sit as a bench of three and can only sit if there is a justices’ clerk present to advise them). The court can commit someone for trial or for sentence in a Crown Court.
Attorneys General (in Rhode Island and Delaware). Indiana. Hong Kong. District Attorney General (in Tennessee). 34 . the former with exclusive privileges of giving oral or written legal advice. and City Attorney (in Missouri cities that have city prosecutors) are all titles of prosecutors in various state courts.org/LegalDictionary) Prosecutors (attorney general. the head of the prosecuting authority is typically known as the Director of Public Prosecutions. the director of any such offices may be known by any of several names depending on the legal jurisdiction. barristers and solicitors are not eligible for jury service. prosecuting officer) In Australia. State’s Attorney.&C Black. In Canada. and people suffering from mental illness. Canada. and West Virginia). London. contrary to England. people who are on bail. Prosecuting Attorney (in Missouri counties). there is no legal distinction between the advising and litigating roles. Third Edition. People who are excused jury service include members of the armed forces. (http://www. in both civil and criminal cases. The terms County Attorney. Potential jurors can be challenged if one of the parties to the case thinks they are or may be biased. A. Northern Ireland. In the United States.duhaime. public prosecutors in most provinces are called Crown Attorney or Crown Counsel. A DPP may be subject to varying degrees of control by the Attorney General. Members of Parliament and doctors.common sense to decide if the verdict should be for or against the accused. nor are priests. Prosecutors are most often elected. (Rawdon Wyatt. sometimes use the title “barrister and solicitor” even though. solicitors don’t appear in court on a client’s behalf and barristers don’t give legal advice to clients. not elected. Lawyers in some states. They are generally appointed by the provincial Attorney-General. prosecuting attorney in US Law. such as Canada. State Prosecutor. Commonwealth’s Attorney (in Virginia and Kentucky). where lawyers are referred to as “attorneys”). Prosecuting Attorney (in Michigan. Ireland and South Africa. usually by a formal written directive which must be published. and is appointed. and the latter with exclusive privileges of preparing and conducting litigation in the courts. Anyone whose name appears on the electoral register and who is between the ages of 18 and 70 is eligible for jury service. England and Wales. Hawaii. Canadian lawyers can litigate or give legal advice (as is the case in the USA. County Prosecutor. Solicitors In England and some other Commonwealth jurisdictions. District Attorney (in some states). a legal distinction is made between solicitors and barristers. 2006). 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. In England. Check your English Vocabulary for Law. magistrates. Judges. United States Attorneys represent the federal government in federal court. In other words. the solicitor would transfer the case to a barrister for the duration of the litigation. Members of a jury (called jurors) normally have no knowledge of the law and follow the explanations given to them by the judge. State Attorney.
all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate. The Commons is an elected body of members. the House of Lords. but constitutional law consists of statute law. In very serious cases. their rights. and constitutional conventions. Private law is concerned with the relationships between legal persons. Substantive law creates. for example murder and theft. including fiscal fines and non-court based interventions. The Westminster Parliament has two chambers: the House of Lords and the House of Commons. Substantial reform is being carried out in the upper house. Public law relates to the state. and their duties. which sit separately and are constituted on different principles. in theory. However. and to decide on whether or not to prosecute it under solemn procedure or summary procedure. Civil law concerns relationships between private persons. a road accident case may lead to a criminal prosecution as well as a civil action for compensation. For example. Criminal law deals with certain forms of conduct for which the state reserves punishment. Advocate Depute or even the Lord Advocate. but the government carries the authority of the Crown (the monarch).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. It's at the discretion of the Procurator Fiscal. There is no written constitution. 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. replacing the hereditary peers. individuals and corporations. its civil law jurisdiction indicates its civil law heritage.unlike their United States counterparts. with a minority elected. currently the Queen in the UK. Here.” 35 .an order made by the court. such as rehabilitation and social work.” The UK Constitution “The head of state is the monarch. liabilities. The state prosecutes the offender. where it is proposed that the majority of members be appointed. a Procurator Fiscal. and includes family law.wikipedia. but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers. they can direct investigations by the police. contract law and property law. defines or regulates rights. that is. and duties in all areas of law and is contrasted with procedural law. and. Though Scots law is a mixed system. Other remedies are open to a prosecutor in Scotland. It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction . which defines the procedure by which a law is to be enforced. All prosecutions are handled within the Crown Office and Procurator Fiscal Service. they are not elected and are therefore more passive than their American counterparts. common law. (http://en. each field of law tends to overlap with others. may take charge of a police investigation. Advocate Depute or Lord Advocate to take a prosecution to court.
counsel will cite cases and either attempt to distinguish the case at trial from those referred to or. Judges in a case may make other statements of law. They’ll also consider decisions made in a lower court. and in the course of a trial the judges must refer to existing precedents. Finally. The precedent is the rule of law which the first instance judge relied on in determining the case's outcome. this rule has peculiarly coercive or binding nature in the English system. even if he can give a good reason for not doing so. Since the Human Rights Act of 1988. this means that the decision of a higher court is binding on a lower court. if appropriate. Hence the term case law. There are a number of different types of precedent.” (Cambridge Professional English in Use. “rules of the precedent”. These rules state that to a large extent English law is based on case-law. A case will inevitably involve many facts and issues of evidence. 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.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. 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. 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. called. In the last mentioned situation the precedent is said to be “binding” as contrasted with the merely “persuasive” effect of the other two situations. these may be considered in subsequent cases and may be cited as persuasive authority. the decision must be followed.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw. Law. a rule set by a court of greater or equal status must be applied if it's to the point . However.relevant or pertinent. During a trial.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. that is. 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”. “Case-law” consists of the rules and principles acted on by the judges in giving decisions and in the English system obliges a judge in a subsequent case to have regard to these matters in making his decision. Whilst not constituting binding precedents. It may depart from its previous decisions in only three narrow situations: 36 . On the civil side of that court the position is much more restricted. The eventual decision itself doesn't actually set the precedent. http://ifile. 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. including all previous decisions made by that court. in practice. all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights. 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”. alternatively. This particularly coercive nature comes from the rules of practice of English judges. The judge may simply be obliged to consider the former decision as part of the material on which his present decision could be based. although they're not bound to follow them. argue that the rule at law reasoned and established in a previous case is applicable and should be followed.
Finally it must be stated that only certain parts of the decision are regarded as binding. for example Meah v Roberts. 2007) Law Reports “The development and application of the common law system pivots upon the existence of a comprehensive system of reporting cases.  1 All ER 97. 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. such as Butterworth’s All England Law Reports or specialist reports like Lloyds Law Reports. David Holden & Wesley Hutchinson. Engleza pentru jurişti. in that they contain summaries of counsel’s arguments and are revised by the judge silting in each respective case before publication. http://ifile. and gives his decision. Law. 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. traducere de Cristina Anghel.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw. The Law Reports. reviews the arguments addressed to him by counsel for each of the parties during the trial.where there are two earlier conflicting decisions. (Cambridge Professional English in Use. announces his findings of fact (if there is no jury). 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. The structure of the typical judgment in a civil case would probably be as follows: the judge sums up the evidence. are perhaps the most authoritative and frequently cited set of reports. and when the Court’s earlier decision was given per incuriam (through negligence or oversight). Bucureşti. In doing so he may decide to distinguish certain previous decisions from that case. Teora.rar) 37 . 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. differing from other series of law reports. where the Court’s earlier decision cannot stand with a subsequent decision of the House of Lords. published annually by the Council of Law Reporting. Developments in electronic databases have increased public access to recent cases”. These parts are called ratio decidendi of the case.
C. Anexe (Appendices): 38 .
a incumba. 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 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 39 . a rămâne. 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. binding signature = semnătură autorizată. binding precedent = precedent care se impune. a persista) • to abide by (to) a decision to arise → arose → arisen • to arise to (a deriva. 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. breaking of a seal = ruperea sigiliului. breaking of arrestment = nerespectarea unui mandat de arestare. 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. binding offer = ofertă fermă. a lega. a se supune unei legi. contract ferm.APPENDIX I 1. binding power = forţă obligatorie. a implica. a obliga. 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 • to bring an appeal to = a face apel.
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 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. 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 • to cut taxes to = a reduce taxele • cuts in prices = reduceri de preţuri • cuts in salary = reduceri de salariu 40 . insurance.• • • • • • • 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 mustra • to come down with to = a plăti • to come in for to = a-i reveni.
• 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. contract. 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. 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. acţiune. 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. a cădea în desuetudine to fall into disuse = a cădea în desuetudine to fall within/ outside’s court jurisdiction = a fi în/ în afara competenţei unei instanţe to find → found → found 41 .
a denunţa. constatare. a descoperi/ a da un verdict to find someone guilty to = a găsi pe cineva vinovat de finding = concluzie. 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 • 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 42 . a evacua. a face un denunţ • to give judgment to = a pronunţa o sentinţă/ hotărâre • to give notice to = a concedia. 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 renunţa.• • • to find to = a constata. pronunţare. a preda justiţiei • to give way = a ceda. 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 face concesii • giver = donator • gift = donaţie. a prezenta un document • to give information to = a denunţa. a pronunţa o hotărâre • to give in to = a ceda.
a reţine. pachet de acţiuni hold-over tenacy = arendă. închiriere prelungită tacit to hurt → hurt → hurt (a prejudicia) to keep → kept → kept • 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 43 . dezbatere judiciară. a avea în posesie. 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. proprietate. 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. 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.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. fond de posesiune.
a da cu chirie to make → made → made • to make to = a construi. concediu.• • • • to keep the law to = a respecta legea to keep the peace to = a respecta ordinea publică keeper = gardian. 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 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. arhivar to leave → left → left • leave = autorizaţie. 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 • means test = anchetă asupra resurselor to meet → met → met • to meet a claim to = a contesta o reclamaţie 44 . deţinător de acţiuni/ titular keeper of record = grefier.
fluturaş de plată pay up to = a achita integral payable = de plata.• • • • to pay • • • • • • • • • • • • • • • • • • • • • • • • • • • • • to put • • • • • • • 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 → 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. 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 → 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 to put on trial to = a chema în judecată to read → read → read • read and approved = bun şi aprobat 45 .
a contracara. a semnala. a expune to set up a claim to = a reclama 46 . a amplasa. a pune pe rol to set forth rules = a reglementa to set off to = a reliefa.• 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 înregistra. a compensa set prices = preţuri fixe to set roght = a pune în ordine to set up to = a fonda o societate. 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.
• • • • • • 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. 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. 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 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. 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-şi retrage candidatura • 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 47 .
a apuca.• • • 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. 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. recepţie to tell • • • → told → told teller = casier bancar teller proof = verificarea soldului zilnic teller’s stamp = stampila casierului to understand → understood → understood 48 . 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. 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.
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. 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. titlu executoriu. mandat. înscris.• understanding = acord. ordonanţă. 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. cerere introductivă în instanţă • to write to = a scrie. convenţie to wear → worn → worn • wear and tear = deteriorare. a reţine. document. a emite un cec 49 . 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 redacta • to write down to = a reduce • to write off to= a amortiza • to write out to = a redacta un act. citaţie. ordaonanţă de execuţie • writ of habeas corpus = mandar de aducere. a ascunde.
• • • • • • • • • • 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. 50 .
during what is termed ……………. Unlike………… magistrates.. deals with ……… and criminal cases that are nor serious enough to go as far as the Crown or County Courts.. of the ………. 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. otherwise known as a ……….Match the two parts of the sentences: a. They also decide which cases should be referred to the higher ………. In civil action. Magistrates handle all …………. Magistrates generally hear cases of petty crime as c. harm or injury seeks a remedy. The appeal courts b. 3. NOUN (EVENT ACTION) OR NOUN (PERSON) 51 . reverse or uphold decisions of the lower courts. who receive a …………. THE BRITISH COURT SYSTEM”: A ………. a claimer who has suffered 1. 2.. Fill in the blanks to obtain a summary of the text “A. they can claim only ……… that arise in the course of their …………. where the defendant prefers a ………… without ………….. offences as well as some “…………” offences. a court of the first instance. 3.APPENDIX II 2. 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..Complete the table with the nouns which match with the verb in the first column (the glossary might help you!): VERB SIT APPEAL HEAR TRY CLAIM 4. magistrate. and are allowed to sit ………. Further Practice: exercises and applications 1.. Proceedings.Find synonyms in the text “A. duties.
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) b) c) d) e) f) g) The general meaning of the word “tribunal” includes the courts. Domestic tribunals perform a disciplinary function in the sporting world. Tribunals have purely an adjudicative role. Strictly speaking, only courts may decide what is or is nor law. Tribunals tend to follow the previous decisions of the courts. Tribunals have more informal proceedings than courts. 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.
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
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
CRIMES AGAINST PERSON
CRIMES AGAINST PROPERTY
PUBLIC ORDER OFFENCES
ROAD TRAFFIC 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.
This trial shouldn't be taking place. 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. Man: Look at this note. Mr Williams. Man: That’s not good. so I let him in. We have video evidence that you were in the nightclub until 3am.h. The Foreign Minister has been caught giving government secrets to another country! k. along with professional film copying equipment. s. r. and so had my television.000 in cash in the bin by the bus stop. t. And you were seen by several witnesses. When I returned he had gone. It's probably another little joke from him next door. Defendant: I don't recognise this court. It says „Leave £10. 56 . Defendant: Like I told you. i. o. It should say „Chelsea are complete rubbish”. Pensioner: The man who came to my door said he had come to read the electric meter. Woman: The graffiti around here is getting really bad. n. Cheri. Eight people died when the train left the tracks and hit an embankment. I went to the kitchen to make him a cup of tea. 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. Police later received a note from a militant faction claiming that they had taken him and were holding him hostage. It’s a fake. so I have no idea what happened. Political agitator: Now is the time to rise up and overthrow the running dogs that call themselves our government. madam. j. And let me remind you that you are still under oath. Police officer: Take your time and tell me what happened. or I’ll tell everyone your dirty secret”. dear. Woman: Don't worry about it. p. TV newsreader: The car bomb went off in a busy marketplace. Mr Williams. Man reading newspaper: I don’t believe it. Customer: What? You mean it’s counterfeit? Shop assistant: I'm afraid so. Prosecuting lawyer: Tell us again what happened on the night of the incident. Last week somebody wrote 'Chelsea are rubbish' on our garden wall. Do you have any other means of payment? m. It arrived in the post today. Tony. Radio newsreader: The police raided a house in New Street this morning and recovered 250 illegal copies of the latest Harry Potter film. Shop assistant: I can’t accept this £20 note. Prosecuting lawyer: Don’t lie. TV newsreader: A journalist working in the city disappeared this morning. I was at home asleep. injuring several shoppers.
has just published a book about the Intelligence Service called „Lifting the Lid”. ___closed. You are out of order. ___und. Go back home and do some washing up or something. claiming it contains classified information that should not be in the public domain. ___ding. On entering. As the day he was born. z.End the bolded words with the proper ending: ___actually. 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. w. ___tration. Defendant: Oh shut up. Accountant: We’ve audited these accounts very carefully. The funds were then sent by telegraphic transfer to another account in Switzerland. and they just don't add up. ___untary. u. ___iator.Judge: Sit down. ___bunal. ___dential. ___artial. Office manager: What exactly are you saying? Accountant: I’m saying that someone in your office has been secretly helping themselves to company money. ___our. It was at this stage that the Metropolitan Police called in Interpol. ___tical. I saw the accused in a state of undress and dancing on a table. ___cus. ___gation. ___promise. In it. and the Bahamas account was closed. 57 . 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. ___tiations. ___ficial. ___ual. ___lic. Magistrate: You mean he was naked? Police constable: Yes. Magistrate: Constable. v. Mr Dowling. you silly old woman. ___cation. ___lements. he gives us a revealing insight into the life of a secret agent. ___judice. ___sion. and the cash deposited there. ___itator. TV presenter: Jimmy Bond. 10. ___trator. x. ___native. a former government intelligence agent. ___int. TV presenter: A bank account was opened in a false name in the Bahamas. ___ain. The government have strongly condemned the book. ___utions. ___sent.
the parties involved will not be legally bo____ by anything that has been discussed. m) If an agreement is reached and the parties sign a written agreement. l) A mediation process is said to be 'without pre____'. Test your knowledge with this quiz. 5. This can then be enforced contr____ if necessary. o) This will involve all parties in the dispute appearing before a tri____. k) If no agreement is reached. j) Resolutions and sett____ are based on com____ and on mut____ agreement and acceptance. d) Mediation is carried out by a neutral. i) Unlike a formal court case. Rearrange the letters in bold to make a word meaning husband or wife: pusoes 3. b) Mediation is generally preferable to liti____ because it is normally quicker and cheaper. f) He / she spends time with all the parties involved in jo___ ses____ and also in private meetings (known as 'cau___'). e) This third party is also sometimes known as a facil____. and information may end up in the pub____ dom___. which will probably benefit one side in the dispute more than the other(s). p) An arbi____ is usually an expert in a particular field. n) Another form of ADR is arbi____. 11. 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. True or false: If you have a partner. but requires the con____ of all the parties involved before it can go ahead. What is the difference between a separation and a divorce? 58 . this form of resolution involves an adjudi____.a) Mediation is one form of what is known as alter____ dispute resolution (ADR for short). g) Any information that the parties provide is confi___ and cannot be dis____ to the other parties. and so this form of dispute resolution may be preferable in disputes where specialist knowledge is required. c) Mediation is vol____. you are assumed to be married. 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). 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. nego____ are in private. unlike mediation. this agreement becomes bin____. 1. imp____ third party called a med____. and the parties are obliged to hon____ it. h) He / she attempts to solve problems and find resol____ that are prac____ and bene____ to everyone. q) However.
who confirms the facts sent in their original petition by swearing an __________. (If he / she wants to __________ the divorce and / or its terms. an order ending the marriage subject to a full __________. 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. 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. a divorce can only be granted on one condition (known as grounds for divorce): that the marriage has broken down irretrievably (in other words. Assuming that the __________ does not want to __________ the divorce or the terms. b. A request (a __________) is made by the __________ ( = the person applying for the divorce) to the court for a divorce. it cannot be made right again). 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. e. which he / she completes. decree absolute. 59 . which comes later and ends the marriage completely. 12. 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. c. Here is a simplified version of the main divorce procedure. dispute (x3). The court pronounces the __________. a copy of the Acknowledgement of Service form is sent to the __________. 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. d. he / she is sent another form to complete). f. decree nisi. In it. he declared that it had no legal effect). Complete the gaps with words from the box. he / she indicates whether or not he / she wishes to __________ the divorce. If a divorced couple have children. a. petition (x2). affidavit. 7. in which the facts about the people involved and the reasons for the divorce are explained. together with a form called an Acknowledgement of Service form. petitioner (x2). respondent (x2). The court sends the divorce __________ to the __________ ( = the other spouse). (b) The couple have lived apart for five years and no consent from the other spouse is needed. He / She returns this to the court within 7 days.6. In England and Wales.
birth or other status. inhuman or degrading treatment or punishment. freedom of religious worship. political or other opinion. slavery and the slave trade shall be prohibited in all their forms. or articles. liberty and security of freedom. whether it be independent. detention or exile. trust. national or social origin. The Universal Declaration of Human Rights was proclaimed and adopted by the General Assembly of the United Nations in 1948. without distinction of any kind. A feeling you have that you have done right or wrong (noun) 4. no distinction shall be made on the basis of the political. The things that you should be allowed to have (noun) 3. Article 6: Everyone has the right to recognition everywhere as a person before the law. non-self-governing or under any other limitation of sovereignty. Here are the first ten articles in their original form. Article 9: No one shall be subjected to arbitrary arrest. A group of people with distinct physical characteristics or culture (noun) 7. Having the legal power over someone or something (adjective) 9. freedom from fear and hunger. Article 3: Everyone has the right to life. 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. sex. Article 1: All human beings are born free and equal in dignity and rights. Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. Difference (noun) 6. Article 4: No one shall be held in slavery or servitude. The words are in the same order as the definitions. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. religion. The same (adjective) 2. Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal. The Declaration has 30 sections. property. Furthermore. Referring to government or party politics (adjective) 8. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination.13. Article 5: No one shall be subjected to torture or to cruel. It details the rights of individual men and women to basic freedoms such as freedom of speech. etc. colour. language. then match words in the articles with the dictionary definitions 1 – 27 below the box. To have the right to do or have something (verb) 5. such as race. in the determination of his / her rights and obligations and of any criminal charge against him / her. Read through them. 1. Article 2: Everyone is entitled to all the rights and freedoms set forth in this declaration. The act of limiting something (noun) 60 . jurisdictional or international status of the country or territory to which a person belongs.
The situation of being a person who belongs to someone and works for them without payment (noun) 12. 12. The punishment of being made to live in another country. 7. such as murder. 13. On the face of it. Equally. Duty to do something (noun) 14. language. without reason (adjective) 24. 8. 9. The buying and selling of people against their will (noun: 2 words) 14. 6. class.10. essential (adjective) 22. To say that something must not happen (verb) 15. A legal action or application pursued by one party only. Not biased or prejudiced (adjective) 27. A court. The situation of being free (noun) 11. The situation of having to work very hard for someone. persuading or advising someone to do something morally or legally wrong (noun) 20. Laws and principles under which a country is governed (noun) 23. religion. The act of breaking a rule (noun) 19. 2. The right to be heard in a court. Caught in the act of committing a crime. Latin words and expressions are still relatively common in the legal profession. 5. 11. Starting again. etc (noun) 18. The act of encouraging. 3. 4. After the event. or another part of a country (noun) 26. Done at random. 10. On its own. The act of keeping someone so that he / she cannot escape or enjoy freedom (noun) 25. or with no distinction. often one which specialises in a particular area of law (noun) 21. which is a crime in itself. and as a result 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 61 . usually in poor conditions and with very little or no pay (noun) 13. An act. Hurting someone badly so that they are forced to give information (noun) 16. Among / In addition to other things. A gift (usually money) with no obligations attached. The unfair treatment of someone because of their colour. How many of the meanings on the left can you match with the expressions on the right? 1. or all alone. When a threat is implied in a contract. Causing fear. By the operation of the law. Basic. or as things seem at first. anguish and inferiority (adjective) 17. Legal Latin.
even though the legal status may not be certain. Legal action against a person (for example. 36.the contract is invalid. or no obvious owner. In total good faith. 34. The real proof that a crime has been committed. 35. Referring to the case at law. 22. 24. 15. 19. 27. A legal remedy against wrongful imprisonment. or the fact itself shows this to be true. An act forbidden by criminal law. Not capable of committing a crime. The mental state required to be guilty of committing a crime. a state which should exist between parties to some types of legal relationship. one party claims property or goods in the possession of another). 17. Legal action against a thing (for example. Acting in place of a parent. or not completely sane. 25. 16. 18. one party in a case claims that the other should do some act or pay damages). 23. 14. A real agreement to a contract by both parties. Capable of committing a crime. For a short time. The duty to prove that what has been alleged in court is true. 31. A matter on which a judgement has been given. Mad. which can be used as a precedent. 21. A situation where the legal title is clear. By this fact. With no owner. 28. Taken as a matter of fact. A decision correctly made by a court. 20. 30. 32. 26. 29. 33. From the beginning. in rem 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 62 . An action done in return for something done or promised.
see the documents listed __________. (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. (listed or mentioned earlier in a document) c) He was present when the exchange took place. (in this document) f) Final delivery of the merchandise is to be made no later than the dates listed __________. hereafter. earlier or before now) l) Thank you for the prompt despatch of our goods. thereafter. in connection with the documents they appear in. Aforementioned. herewith. Please find a cheque enclosed __________. (below this heading or phrase) e) All parties are expected to comply with the conditions stated __________. and Michael Halmsworth 63 . and has been summoned as witness __________. thereinafter. but as 15% __________. thereinbefore. unless a formal application is made to do otherwise. (of this event / fact) d) For more information. 15. An act which is not a crime. hereunder. place. (to this document) i) You are advised to refer to the previous contract. result. Complete sentences 1 – 14 with appropriate words from the box. hereinafter. Acting in a way which exceeds your legal powers. Archibald Thrupp. invoices must be submitted at the end of each month. (relating or belonging to this document) g) The copyright for this book will __________ be in the name of the author. (after that) k) The parties __________ acting as trustees are to be consulted regularly. (previously. a) We are somewhat confused. hereby. (in that document) j) The accused is to report to his probationer twice a week for the first month. Contracts. therein. and the terms and conditions cited __________. herein. In good faith. hereof. but is forbidden. etc. hereto (x2). Heretofore. 38. as the contract we received named the company as The Sophos Partnership in the first paragraph. To help you. (together with this letter or document) m) This agreement is made on 1 April 2007 between Blueberry Press (__________ called the PUBLISHER). and __________ once a week for the next five months. These words refer to time. (from this time on) h) According to the schedule of payments attached __________.37. formal letters and other legal documents frequently contain “reference” words that are not often used in other areas of English. 39. but __________ as Sophos Ltd. each sentence is followed by an explanation in italics of the function of the missing word.
d. (stated later in this document: the same word should be used to complete both gaps) n) Mr.. written legal codes derived from fundamental normative principles. created by judicial decisions. Legal 2)……………….. Complete the sentences below using the words in the box bill. which has been arrived at through 3)…………….. f. non-criminal.. provisions. In the second sense of the term.. A case concerning the Us Navy comes within the judicial power of US Courts. The original American Constitution makes the necessary provisions to ensure freedom of speech. directive... based on... 17.. e.. Read the text “The American Court System... c.. 64 . concerning property tax.e. statutes. A person may be convicted of treason only if two witnesses prepared to give evidence can be found. (mentioned earlier) 16. rulings. In the first sense of the term. The Town Council will conduct a public hearing regarding a proposed. government ministers and consuls may appeal to the Supreme court. Anyone except ambassadors. at a time before laws were written down.(__________ called the AUTHOR).. In contrast. a.. common law was originally developed through 6)……………. No person shall be tried twice for the same crime. A.. i.... The term “civil law” contrasts with both “common law” and ”criminal law”. (as a result or in this way) o) The __________ company was awarded the contract under certain conditions. Judges are 4)…………… the written law and its 5)………………. and we __________ revoke the contract.. civil law is distinguished from criminal law and refers to the body of law dealing with 10) ……….. ordinance... bound by. Harrison has failed to comply with the terms set out in his contract.. legislation. precedents. Only one court – the Supreme court – may administer justice. regulations.. common law and criminal law using the words in the box.THE US CONSTITUTION” and test your understanding by saying whether the following statements are true or false: a. Civil law refers to a body of law 1)... custom. It should be noted that today common law is also 9)…………. g... 18. codified. Common law is based on 7)…………………. in written form. which means that past 8)………………… are taken into consideration when cases are decided.... b. Complete the text below contrasting civil law. are settled by reference to this code. disputes. matters such as breach of contract. All crimes must be tried by a jury...
which initiates a lawsuit.. an official order from a court for a person to stop doing something. on electronic commerce to Parliament. a written statement that somebody makes after they have sworn officially to tell the truth. in civil law... demanding that they go to a court of law or that they obey an order. The European Union.. complaint. d.. Underline the common Latin words and phrases in the text. 4.. c. d... brief. h.. especially in a court of law.. on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data. the principal pleading by the defendant in response to a complaint. b. Match each verb (1-5) with its definition (a-e): 1. Early this year. 3... 5. to officially record something... According to the..... c. Match these documents (1-9) with their definitions (a-i): 1. a document informing someone that they will be involved in a legal process and instructing them what they must do.. 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. a... d. pleading..... Do you know what they mean? 65 ..... 21. 9.b.. which might be used as proof in court... 3.. answer.... setting forth the facts on which the claim is based.. 6. a formal written statement setting forth the cause of action or the defence in a case. 20. governing the seizing of computers and the gathering of electronic evidence.... writ...... notice. 2... a document or set of documents containing the details about a court case. A number of changes have been made to the federal ... 8. a... e.. claim or proceeding.. injunction. the government introduced a new...... to submit a document to an authority... f. 2. to produce something official. e... c. b... to file a document with an authority.. to serve a document on someone (or to serve someone with a document).. affidavit.. 7. to issue a document. an application to a court to obtain an order. a document providing notification of a fact. 5.... motion. 4. ruling or decision.. i. to produce a piece of writing or a plan that you intend to change later... to deliver a document formally for a decision to be made by others. the first pleading filed on behalf of a plaintiff... to draft a document. g.. 19. concerning working time.. to deliver a legal document to someone. e.
). f. versus (vs. oral or implied by conduct. 5. h. proportionally. per se. g. 4.The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action.). videlicet (viz. 3. 2. c. 10. against (versus is abbreviated to v: in case citations. number of shareholders or directors who have to be present at a board meeting so that it can be validly conducted.” in all other instances). 23. quorum. by itself (often used after a noun to indicate the thing itself). 24. Some of the verbs go with more than one noun: 66 . 7. 6. and others (usually used to shorten a list of people. h. et cetera (etc. thus (used after a word to indicate the original. often a list of authors. that is (used to signal an explanation or paraphrase of a word preceding it). by that very fact itself. b. usually incorrect spelling or grammar in a text).g. or v. sui juris. beyond the legal powers of a person or a body. 22. Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h). But LongCo is not a party to the Construction Contract. de facto. defendants. Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. d. d. for this purpose (often used as an adjective before a noun). pro forma. inter alia.). 8. plaintiffs were a part [sic] to the Construction Contract. is uncertain as to what contract plaintiffs are suing on. The complaint alleges breach of contract as follows: „At all times herein mentioned. j. f. and is uncertain in that it cannot be determined whether the contract sued on is written. c. b. 9. but to „vs. i. ipso facto. In light of the facts set out above. 3. ultra vires. as a matter of form. per annum. as follows. g.). 2. id est (i. 8. as well as intended beneficiaries to each subcontract for the construction of the house. a.).e. of one’s own right able to exercise one's own legal rights. ad hoc. 6. Therefore LongCo cannot be liable for its breach. 5. pro rata. and other things of the same kind (used to shorten a list of similar items). e. 1. 4 . per year. in fact.) a.exempli gratia (e. among other things. and each of them. Match each Latin term (1-10) with its English equivalent (a-j): 1. e. appellants or defendants). the claim alleges only that defendants „breached the Construction Contract”. sic. et alii (et al. for example (used before one or more examples are given). 7. have breached the Construction Contract: On its face.
. unsuccessful. c. your closing argument when you present it in court.. random. 3..... .. the assignment clause of the contract. 2. tell..his approval for the assignment of the lease... 5.. 4. a The defendant delayed responding to the plaintiffs request. 4... breach....... My client is considering…………………… his landlord for breach of contract. 68 ... not based on reason. Among other things. 3... a.. claimant. Complete the sentences below using the correct form of the verbs in the box: argue.. 8.. e. us about the difficulties he had with his landlord. state something is true. that his client needed more information before he could agree to the assignment. can be believed.3. By withholding consent..... give. 4. Jones risks being sued by Keats.. entitlement.. the associate lawyer decided.. Jones risked ... 30........ Case preparation involves to interview witnesses. The prospective buyer refused to wait any longer.. 5. b. to outlaw something. a. defendant asserts... gather..... b. hear. The client mentioned having had an argument with his landlord. 5... b.. a. attempt is unavailing a. My client refuses………………….. 2.. a....... preparing a strong case involves.. Match these words or phrases from the text (1-4) with their synonyms (a-d): 1. 4. b... 31.. 7. b. 3. I am looking forward to …………………..... re-draft. a... to bring a claim against someone....... The prospective buyer refused waiting any longer. predicated on a dispute. By withholding consent.. b. 6. The client mentioned to have had an argument with his landlord. The defendant’s attorney suggested.. The defendant delayed …………………. based on. Match the words in italics (1-5) with their definitions (a-e): 1. arbitrary considerations.. credibility of witnesses.. 8.. d. 1... 32. Case preparation involves interviewing witnesses. 7.... sue. his closing argument... 6. b. The defendant delayed to respond to the plaintiffs request. evidence. 2. After reading his colleague’s comments. Sam suggests to emphasise the idea that Jones withheld consent deliberately.. Sam suggests emphasising the idea that Jones withheld consent deliberately... Jones risks to be sued by Keats....
to give something up. b.a. to make something illegal. b. c. e. to formally request that a decision of an inferior body be reviewed by a superior one. to listen to a case at a relatively formal proceeding 69 . a person asserting a legal right which has been violated. f. to hear. to appeal. c. to make use of something (when deciding a case). 6. 5. Match these verbs (1-6) with their definitions (a-f): 1. to challenge a. to question something. 2. to plead. to waive. d. a right to benefits specified by law or contract. to apply. 4. 3. to assert a legal right alleged to have been violated 33. d. to argue a case in court.
examinare. sechestrare. lawyer = A person who has studied law and can act for people on legal business = avocat. domiciliu legal 15. settlement = An agreement reached after an argument = 1. pagube. 4. acord. dispută. a da în sarcina cuiva. atac. case = A set of arguments or facts put forward by one side in a legal proceeding = afacere. hotărâre. tribunal = A specialist court outside the judicial system which examines special problems = tribunal. încălcare a condiţiilor contractului. 4. reglare. 2. violare a unui acord. condamnat. a depune în faţa unei comisii 3. a deschide o acţiune publică. insultă. încălcare a unui acord. 2. infracţiune. 2. pârât. judecătoresc 4. convict = To find that someone is guilty of a crime = 1. tranzacţie. a urmări în justiţie/ pe cale judecătorească. a pleda. persoană acuzată 13. magistrat. delincvenţă. dezbaere judiciară. judicial = An adjective referring to a judge or to the law = juridic. 70 . convenţie. înţelegere. contestaţie. litigiu 8. International Law Glossary Few words that are used a lot in the legal profession: 1. 3. detenţie. daune interese. a susţine o cauză 12. dovadă care incriminează 18. rezolvare. deteriorare. despăgubire 2. argumente. jurist. achitare. 2. proces. innocent = Not guilty of a crime = nevinovat 5. breach = Failure to carry out the terms of an agreement = infracţiune. instanţă. infracţiune (SUA) 6. 2. ocnaş. plead = To make an allegation in legal proceedings = a invoca drept scuză. judicial. delict penal (Marea Britanie). soluţionare. daună. arestare. delict (SUA). speţă 10. claimant = A person who makes a claim against someone in a civil court = reclamant.APPENDIX III 3. agresiune. încălcare a unei convenţii. lichidare. a se justifica. fixare. culpă. piedere. a da în judecată. prejudiciu. crimă. offence = Any act which is not legal = 1. suspendare (a unei hotărâri judecătoreşti) 16. a pune sub urmărire judiciară. aranjament. caz. înfăţişare 17. act ilegal. inculpat. hearing = A case which is being heard by a committee. jignire. commit (to ) = To send someone to prison or to a court = 1. a încredinţa. judge = An official who presides over a court = judecător. ofensă. judecător la curtea regală (Martea Britanie) 11. defendant = Someone who is accused of a crime in a criminal case = acuzat. 3. avarie. tribunal or court of law = audiere. intimat. a institui/ a intenta un proces. dispute = A disagreement or argument between parties = conflict. reglementare. violare a unei convenţii 19. act ilegal. solicitant 14. a încarcera. cauză. arrest = To hold someone legally so as to charge them with a crime = arest. controversă. prosecute = To bring someone to court to answer a criminal charge = a conduce o afacere/ anchetă. contravenţie. degradare. a trimite pe cineva în închisoare. divergenţă. crimă. damage(s) = Money claimed by someone as compensation for harm done = 1. jurisconsult 7. curte de justiţie 9. deţinut.
acceptare în barou 32. (UK) the profession of barristers = 1. avocatură. criminal = An adjective referring to crime = 1. a inculpa. bara în faţa judecătorului unde pledează avocaţii 39. appeal = To ask a high law court to change its decision or sentence = apel. see petitioner = apelant. depoziţie. arvună. a invinovăţi. recursant 35. evidenţă. criminal. penal. mijloc de apărare. instanţă. bar examination = (US) written examination taken by prospective lawyers in order to qualify to practise law = interogare la bară 71 . 2. apărător. contract = A legal agreement between two or more parties = contract 26. asasin. 2. administrator. jurişti. bar and bench = organization of lawyers which may regulate the profession = avocatură şi magistratură 40. recurs 21. 3. 3. amendă. impediment juridic. evidence = A written or spoken statement of facts which helps to prove or disprove something at a trial = dovadă. avocat pledant 33. fine = To order someone to pay money as a punishment = 1. primă plătită pentru înnoirea unei locaţiuni 30. intendent. bailiff (UK) = an officer of the sheriff who makes arrests and serves writs: (US) a court officer who keeps order during court proceedings = aprod. atacarea unei sentinţe judiciare. care leagă. mărturie. avocaţi. appellate court (also court of appeal. advocate = person who pleads in court = avocat. 2. ucigaş. 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. appellant = person who appeals a decision to a higher court (US). chosen by the parties to the dispute shares) = arbitraj. affidavit = written statement which might be used as proof in court that somebody makes after they have sworn officially to tell the truth = afidavit. 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. injunction = A court order telling someone to stop doing something. reclamant în apel. portărel. juriu 28. uşier 38. declaraţie scrisă cudepunere de jurământ utilă ca dovadă în justiţie 34. irevocabil 23. judecată 37. probă 29. hotărâre juridică de amânare International law glossary: 31. juraţi. criminal 27. or not to do = injuncţiune. acont. persoană care comite infracţiunea de crimă. appeals court) = court which reviews judgments held by lower courts = curtea de apel 36. argumntele folosite în favoarea unui acuzat într-un proces 25. the Bar (US) = legal profession. a incrimina 22. reclamant. 4. defence = The arguments used when fighting a case = apărare.20. delincvent. ordin judecătoresc de amânare. accuse = To say that someone has committed a crime = a acuza. binding = Having the legal ability to force someone to do something = oblogatoriu. făptuitor al unei crime. jury = A group of 12 citizens who decide whether or not someone is guilty in a trial = curtea cu juri. profesia de jurist. civil = An adjective referring to the rights and duties of private persons or organisations = civil 24. barou. 5. avans.
notă de plată. it forms the Supreme Court of Judicature. reclamaţie. avocant pledant (Marea Britanie) 44. barrister (UK) = lawyer admitted to plead at the bar and in superior courts. membru al baroului. setting forth the facts on which the claim is based (civil law). cambie. to bestow = cerere de deschidere a unui proces. funcţionar. Bar Vocational Course = (UK) required course to be taken. 61. jurisprudenţă. complaint = first pleading filed on behalf of a plaintiff which initiates a lawsuit. This is followed by a period of pupillage = avocat stagiar 43. court of first instance = see lower court = judecătorie (SUA). see expectation damages = beneficiul contractual 45. prima instanţă de judecată. instanţa de jurisdicţie la care s-a introdus acţiunea 59. bancnotă. Together with the High Court of Justice and the Court of Appeal. civil law = 1) legal system developed from Roman codified law. as opposed to law formed through statutes or written legislation = drept cutumiar. (US) also a law student who assists a lawyer or a judge with legal work such as research or writing = grefier. common law (also case law. “benefit of the bargain” = damages. 2) area of the law concerned with non criminal matters. clerk = (UK) court employee who takes records. 2. plângere. brief document = or set of documents containing the details of a court case = concluzii juridice. drept jurisprudenţial 55. secretar. 42. as opposed to law formed through statutes or written legislation = autoritatea lucrului judecat. by law = graduates wishing to practise law as a barrister. rezumat 48. case law (also common law. 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. solicitant 53. call to the Bar = (UK) granting of permission to practise law as a barrister (US admission to the Bar) = a admite în barou. bill = formal proposal for legislation = 1. reclamaţie 57. by-law = (UK) municipal law (US ordinance) = decizie a autorităţii locale 49. judge-made law) = body of law formed through judicial/court decisions. dosar al unui proces. poliţă 46. neîndeplinire/ violare a contractului 47. criminal law (also penal law) = area of law that deals with crime. claimant = (UK) person who brings a civil action. crown law) 60. files papers and issues processes. drept civil 52. established by a state for its regulation. judge-made law) = body of law formed through judicial/court decisions. crown court = (UK) higher court of first instance for criminal cases in England and Wales. 4. instanţa de fond. damage loss = or harm as a result of injury = 72 . a member of one of the Inns of Court barristers’ chambers offices of barristers or a group of barristers = avocat pledant la curtea superioară. cod penal (Marea Britanie. punishment or penalties = drept penal. 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. precedente 51. nerespectare a unor termeni contractuali.41. confer = to grant. proiect de lege. Appeals from the Crown Court go to the criminal division of the Court of Appeal and then to the House of Lords. (US) plaintiff = reclamant. expunere a dovezilor apărării. a admite stagiari 50. vânzător în magazin (SUA) 54. 56. rights and remedies = cod civil. 3. act.
intimat. delegation of duties = transfer of responsibilities to be performed under a contract to another = delegaţie. absenţă. a descărca 71. the European Community. insolvabilitate. punere în stăpânire. et alii = (et al. a dezvinovăţi. duress = unlawful threat or coercion used to force someone to enter into a contract = ameninţare. delegator = person who transfers his duties to another = delegator 68. constrângere.) (Latin) and others. ciornă. employment tribunal = judicial body that resolves disputes = tribunalul conflictelor de muncă 77. to entrust another (with duties) = a delega 65. a radia din baroul avocaţilor 70. incapacitate de a plăti o datorie. transfer 69. disclaimer = repudiation or denial of a legal right or claim = renunţare explicită. cesiune. essential term = provision required for a contract to exist = element esenţial al unui contract 81. including signature. default = failure to perform a duty. privare de libertate. In the case of an agreement. livrare. A European Community Directive is binding as to the result. pârât. violenţă 74. obligaţia de diligenţă 76. 2. 2. a achita. a concedia. inculpat. plată prin cambie sau bilet de ordin 73. delegate = (UK) third party in a delegation to whom the duties have been transferred (US detegatee). a se achita de o obligaţie. respondent is generally used when referring to the answering party to a petition for a court order = acuzat. 3. adeziune. failure to pay a sum that is due = 1. whether legal or contractual. contumacie. schiţă. draft = to produce a piece of writing or a plan that you intend to change later = 1. detenţiune. neprezentare. coerciţie. 73 . Defendant is generally used when referring to the answering party to a civil complaint. duty solicitor = avocat numit din oficiu 75. lipsă. but each Member State may choose how to implement it = directivă 68. andorsare. neîndeplinire a unei obligaţii. 4. a disculpa. it is one in which one party can legally compel the performance of the other party = executoriu 79.62. dizabilitate 69. subrogaţie 67. refuz 72. 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. predare. gir 78. discharge = to release a person from an obligation = 1. proiect. de circumspecţie. distribuire. 66. defendant = (also respondent) person against whom an action is brought in court. 2. delivery = formal act of transferring something or passing possession on to someone else = 1. for example. endorsement = (UK) writing. 2. a pune în libertate. enforceable right = interest the law gives effect or force = drept executoriu 80. directive = order from a central authority. declaraţie obţinută sub constrângere. a plăti. persoană acuzată 64. disability = condition of being unable to do something due to a physical or mental impairment = incapacitate. delegate = to give (duties) to another. neachitarea unei datorii 63. act modificator al unui contract anterior. on the back of a document which allows for the transfer of the instrument (US indorsement) = aprobare. neplată. a se elibera. disbar = (US) to declare a person unable to practise law. a da drumul în închisoare. duty of care = obligation of a person to act with = obligaţia de precauţie. enforceable = capable of being made effective.
patent or trademark law = abuz. 105. intent = mental desire / willingness to act in a certain way = intenţie. 106. onorariu.exempli gratia = (e. 104. a pune în dosar 90. 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. exemplary damages = see punitive damages = daune interese pentru prejudicii morale 85. contract. depozitar. violare/ încălcare a legii 98. judge-made law = (also case law. moştenitor fiduciar 89.g. in a court of law) = a înregistra un act.g. cotizaţie. chestiune problemă. 84. infracţiune. common law) body of law formed through judicial/court decisions. (US supreme court) = curtea supremă de justiţie 96. taxă. inter alia = (Latin) among other things. poperietate moştenită 88. a soluţiona 107. hotărâre juridică de amânare. 83. a elabora. the broadest interest in property allowed by common law = 1. fiduciar. formation = act of bringing a contract into existence = întemeiere.82. înţelesul unei formulări într-o lege/ document. inheritance = property which can be transferred after death to a heir = moştenire 99. violare. a promulga. scop. remuneraţie. good faith = state of mind whereby a person has an honest conviction = bună credinţă 95. 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. instrument = written formal legal document = act juridic. expectation damages = (also benefit of the bargain damages). Inn of Court = one of the four institutions that barristers in the UK must join in order to practise law as barristers 102. high court = (UK) court which hears serious civil cases and appeals from county courts. ipso facto = (Latin) by the very fact itself. document oficial 103. fraud = deliberate misrepresentation or concealment of a material fact to gain an advantage = fraudă 93. fondare 92.) (Latin) and other things of the same kind. încălcare. 2. 100. as opposed to law formed through statutes or written legislation = jurisprudenţă 74 . ordin judecătoresc de amânare. executor. injunction = official order from a court for a person to stop doing something = injuncţiune. file with = to officially record (e. fiduciary = obligation to act solely in the best interests of another = curator. et cetera = (etc. injured party = a party that has suffered a violation of its legal rights = partea vătămată 101. infringement = unauthorized use of material protected by copyright.) (Latin) that is. testamentar. judge = public official who hears and decides cases in court = judecător 108. issue = to produce or provide something official = 1.e. compensation for the loss of benefits that a person would have received had the contract been performed = daune inerente 86. a emite. id est = (i.) (Latin) for example. 2. model = document or agreement with blank spaces to be filled in 91. fee = simple whole interest in a piece of real property. 97.
legal entity = individual or organization that can enter into contracts. licenţă (SUA) 118. judgment lien = lien imposed on a person against whom a judgment has been entered but remains unsatisfied = drept de sechestru 110. magistrates’ court = (UK) court that has very limited powers = curtea magistraţilor 126. drept de sechestru. It is the first step to becoming a solicitor (the second being working as a trainee solicitor. liquidated damages = (also stipulafed damages) compensatton that is agreed to in the contract = despăgubiri/ daune interese precizate în cazul neexecutării contractului 123. autorizaţie. 111. instanţa care judecă procesele unde sunt implicaţi minori 112. lien = interest or attachment in another’s property as security for payment of an obligation = 1. life estate = state granted only for the life of the grantee = posesiune viageră. market economy = economic system which permits the open exchange of goods and services between producers and consumers. cesiune. juris doctor) 124. for example a corporation = persoană juridică 116. No interest is transferred in this case. law degree (US JD. The contrasting model to a market economy is central planning and a non·market economy = economia de piaţă 128. In a market economy prices and production are largely determined by supply and demand. lien creditor = creditor whose claim is secured by a lien = datornic sub drept de gaj 120. 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 75 . gaj. (US license) = autorizaţie. and the last being successful completion of the Professional Skills Course). uzufruct imobiliar viager 121. or for the benefit of another = uzufructuar (ă) 122. instanţa de fond. 117. drept de gaj cu deposedare. juris doctor (JD) = (US) law degree (UK LLB). permis. permis. Legal Practice Course (LPC) = (UK) course that must be completed before a person can be qualified as a solicitor. privilegiu. licenţă (Marea Britanie). is responsible for its actions and can be sued for damages = persoană juridică 114. amanet. licence = (UK) permission or authority to do something which would otherwise be illegal. garanţie. maker = person who makes a promissory note = promiţătorul 127. zălog. patent.109. drept de retenţie. juvenile court = court that hears cases involving children under a certain age = tribunalul minorilor. legal person = artificial entity created by law and given legal rights and duties. life tenant = person who holds a life estate or an estate pur autre vie. law school (US) = graduate school offering courses in law leading to a law degree = facultatea de drept. lower court (also court of first instance) court whose decisions may be appealed to a higher court = judecătorie (SUA). legal opinion = document outlining a lawyer’s understanding of the law regarding a particular situation = consult juridic 115. 2. act de cesiune. studii în drept 113. instanţa de jurisdicţie la care s-a introdus acţiunea 125. LLB (Legal Baccalaureus) = (UK) Bachelor of Laws. drept de sechestru pe averea datornicului 119. prima instanţă de judecată. brevet.
claim. mortgage = transfer of legal title of a property. address. persoană legală 150. rulling. proces-verbal 133. apart from the actual contract itself cannot modify. ipotecare. (US articles of incorporation) = contract de asociere. depoziţie verbală. comercial (merchant bank = bancă comercială) 131. moot court = fictitious court where law students argue hypothetical cases 135. non-obvious = quality of an invention being unexpected or surprising or sufficiently different from other existing things. amanet. consult. payee = person who is being paid in a bill of exchange = beneficiarul unei plăţi. merchantability warranty = implied by law that something is fit for the ordinary purposes for which it is used. novaţiune 142. monopoly = organization or group that has complete control of an area of business so that others have no share = monopol 134. novation = substitution of an obligation with a new one.129. including its name. creditorul unei cambii 76 . or proceeding = aviz. If one does not possess title to something. 2. paralegal = person who assists a lawyer with legal advice but is not a lawyer = paralegal 148. memorandum de asociere. pass of judgment/ a sentence = to give a verdict = a pronunţa o sentinţă. garanţie. offeror = party that displays a willingness to enter into a contract of specified terms = ofertant 146. notificare. împrumut imobiliar 136. 132. 138. notice = document providing notification of a fact. Parol Evidence = the rule that evidence. mărturie în instanţă (parole = eliberare condiţionată) 149. motion = application to a court to obtain an order. merchant = person who is engaged in the buying and selling of goods for profit = 1. sfat 141. ipotecă. memorandum of association = (UK) legal document that sets out the important elements of the corporation. 151. comerciant. obligor = person who owes a right = debitor 144. It is one of the two fundamental documents upon which registration of a company is based. avertisment. objects and powers. party = person or entity involved in an agreement = parte legală. statut al unei societăţi 130. use or sell an invention for a specified period of time = sentinţă 152. patent = grant from the government giving exclusive rights to an inventor to make. minutes = notes or records of business conducted at a meeting = dare de seamă. or decision = moţiune 137. act de ipotecare. ordinance = (US) municipal law (UK by-law) = decret. act de amanetare. often land. offeree = party to whom an offer is made = propunător de ofertă 145. împrumut ipotecar. vary or contradict the written terms of a contract = depoziţia martorului. 3. ordonanţă 147. gaj. to another as secunty for payment of a debt = 1. obligee = person to whom a right is owed = creditor 143. It is often a requirement for obtaining a patent = neclar 140. explain. then one cannot transfer title of that thing to another. nemo dat rule = principle that states that one cannot give away more than one possesses. 2. non-consensual = not agreed to or formed by agreement of all parties = neconsensual 139. negustor. thereby canceling the old obligation = mod de stingere a obligaţiei.
pledoarie. obligaţie. fraud = despăgubiri punitive 170. e. persoană care amanetează 163. pro rata = (Latin) proportionally. reasonably prudent person (also reasonable person) = fictitious person used as a standard for legal reasoning in negligence cases 174. reglementare. promisiune 161. punishment or penalties = drept penal 155. pro forma = (Latin) as a matter of form. 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. Registrar of Companies = (UK) officer in charge of keeping the list of limited companies registered at the Companies House. proprietate personală 158. solicitant 159. 165. pleading = formal written statement setting forth the cause of action or the defence in a case = dezbatere judiciară. pecuniary compensation = remedy that involves compensating through money = despăgubire pecuniară 154. debitor gajist. prescripţii. real property = land including anything attached to it = bunuri imobiliare. instrucţiuni. 156. titlul sau cota pe care o are o persoană în posesia unei proprietăţi imobiliare. asigurare. 157. 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. pledgor = person who gives a pledge or the debtor in a secured transaction = datornic cu gaj. concluzii 160. procedură juridică. proprietate imobiliară. mărturie. bunuri mobile. regulament. priority right = right to enforce a claim before others = drept de preferinţă 164. regulă 176. penal law = (also criminal) area of law that deals with crime. 175. promisee = person to whom a promise or an assurance that something will or will not be done is made = beneficiar al unei promisiuni 167. bunuri imobile. gaj. promisor = person who makes a promise or an assurance that they will or will not do something = promiţător 168. bunuri mobiliare. deţinător al unui obiect gajat 162.153. pledgee = person who receives a pledge or the creditor in a secured transaction = amenetar. petitioner = (US) person who brings a petition to a court. pur autre vie = estate granted only for the life of someone other than the grantee. 166. 172. per se = (Latin) by itself. especially on appeal = petiţionar. personal property = (also chattels in common law) things that are moveable (as opposed to real property) and capable of being owned = avere mobiliară. regulation = order controlling through rules or restrictions = dispoziţii. creditor gajist. proprietate reală 173. rejection = refusal to accept an offer = respingere (to reject a claim = a contesta o creanţă) 77 . punitive damages = (also exemplary damages) compensation designed to punish the breaching party for conduct found to be reprehensible. dreptul. reclamant.g. per annum = (Latin) per year. pledge = property which is security for a debt or obligation = amanet.
fair dealing is more restrictive than the US doctrine of fair use and in order to be protected. to deliver a legal document to someone (which usually demands they go to a court of law or obey an order) = a deservi. the use has to fall in one of several categories). services. intimat. girant 184. 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). single European market = established under the Single European Act. 183. as opposed to a law created through the courts = act legislativ. serve = a document on someone. cesiune. sole practitioner = lawyer who practises on his/her own = avocat liber profesionist 191. inculpat. consilier juridic. consilier judecătoresc (SUA) 192. redressing or compensating a violation of a right = compensaţie. petent. people and capital between member states of the European Union = piaţă unică 189. petiţionar. 3. vinovat 180. garant. sole practice = law practice with only one lawyer = practică liberă 193. 2. restitution damages = compensation which is equal to the amount of money the breaching party received under the breached contract = daune de restituire 181. autorizaţie.177. jurist. reclamant. release = to discharge a person from an obligation = 1. statut 195. statutory burglary = furt calificat 78 . permis. remedy = means of preventing. 188. responsabil. a preda o citaţie/ somaţie 186. a notifica. security = property pledged in order to secure the fulfillment of a promise or loan = 1. scutire. eliberare. anulare. avocat consultatnt. ordonanţă. a ispăşi o pedeapsă. statutory forms = forms required by law = acte statutare 196. sex discrimination =different treatment. 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. punere în libertate. transfer 178. The concept of fair dealing is the closest equivalent: however. statute = formal written law created by a legislative body such as a parliament. solicitant. 2. garanţie. small-claims court = court that handles civil claims for limited amounts of money = tribunal de plângeri minore 190. gaj. cauţiune. statutory lien = security interest created by legislation due to the economic relationship between the debtor and the creditor = ipotecă legală. recurs. right = interest that is recognised and protected by law = drept. eliberare condiţionată. reparaţii juridice 179. sic (Latin) = thus. regulament. despăgubire. usually awarding privileges to some and denying privileges to others based on gender = discriminare sexuală 187. justiţie. an official title given to some partners = avocat care are dreptul de a pleda în consiliul reginei 185. 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. 2. respondent = see defendant = acuzat. special damages = (also consequential damages) damages that are awarded due to a particular wrong or particular circumstances = 194. remediu. solicitor = (UK) lawyer who is qualified to give legal advice and prepare legal documents = 1. lege. privilegiu 182.
pagubă. trainee solicitor = (UK) position of one who is completing the practical apprenticeship required for a person to qualify as a solicitor. tort = wrong committed between private individuals for which the law provides a remedy = delict. înscris. 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. conditions. usufruct = right to use another person’s property for a period of time. seller or dealer to distinguish their goods apart from the goods of others (US trademark) = marcă comercială 202. for example working hours. written resolution = written expression of an intention or opinion decided at a meeting = decizie scrisă 212.) (Latin) against 208.) (Latin) as follows.submit = to deliver a document formally for a decision to be made by others = a prezenta un document / o ofertă. mandat. trade union = (UK) association of employees formed to further their mutual interests with respect to their employment. 215. wages. vest = 1) to give full title to a property to a person. stipendiary = a full-time paid magistrate who has qualified as a lawyer. proprietate tangibilă 200. magistrat principal (Marea Britanie) 79 . somaţie 211. beyond a person's legal powers. or v. grefier. circuit = a geographical division for legal purposes. avocat numit de coroană în funcţia de judecător. tribunal = body with either judicial or quasi-judicial functions = tribunal 205. trade mark = (UK) word. England and Wales are divided into six. 213. a transfera un drept legal 209. 2) to give a person an immediate fixed right = a învesti. etc. document. 210. writ = document informing someone that they will be involved in a legal process and instructing them what they must do = citaţie. videlicet = (viz. (US labor union) = sindicat 203. to be later restored to the owner with only ordinary wear and tear = uzufruct 207. tangible chattel/ property = property other than land that is capable of being touched or felt = bunuri corporale. 206. judecător supleant (SUA). a împuternici. ultra vires = (Latin) unauthorised. prejudiciu 201. phrase or symbol used by a manufacturer. a supune atenţiei 198. ordonanţă. sui juris = (Latin) of one’s own right: able to exercise one's own legal rights. lay magistrate = unpaid and is an established member of the local community.197. ofensă. 214. 199. versus = (vs. recorder = a part-time judge with ten years standing as a barrister or solicitor = arhivar (Marea Britanie).
Table of Tenses (vezi tabelul in format Pdf) 80 .APPENDIX IV 4.