Engleza Pentru Juristi

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Universitatea Petre Andrei din Iai

Facultatea de Drept

English for Law
Year I
First Semester

Profesor: Lect. univ. drd. Roxana Patra

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Cursul English for Law se adreseaz studenilor de anul I ai Facultii de Drept
din cadrul Universitii Petre Andrei din Iai.
Evaluarea studenilor nsumeaz media aritmetic a temelor de control (50%)
i nota la examen (50%)
Structura cursului urmrete:

A. Prezentarea unor noiuni de morfologie Construcii 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 noiuni 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 juriti,
traducere de Cristina Anghel, Bucureti, Teora, 2007;
Professional English in Use. Law, Cambridge, Cambridge University Press,
www.cambridge.org;
Amy Krois-Lindner & TransLegal, International Legal English. A course for
classroom and self-study use, Cambridge, Cambridge University Press,
www.cambridge.org;
Tom Hutchinson and Allan Waters, English for Specific Purposes. A learning-
centered approach, Cambridge, Cambridge University Press,
www.cambridge.org;
Dan Dumitrescu, Dicionar juridic. Englez- Romn / Romn Englez,
Bucureti, Akademos Art, 2009;
Leon Levichi, Gramatica limbii engleze, Bucureti, Teora, 2010;
Lazlo Budai, Gramatica englez. Teorie i exerciii, Bucureti, Teora, 2008;
Constantin Paidos, English Grammar. Theory and Practice, ed. a III-a, Iai,
Polirom, 2001.
Rawdon Wyatt, Check your English Vocabulary for Law, Third Edition,
London, A.&C Black, 2006
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A. Prezentarea unor noiuni de morfologie

Construcii verbale

(Grammar Briefing Verb Phrase)

4

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 obiecie]

-to imprison (a ntemnia) imprisoned imprisoned

EXCEPTIONS: There are several exceptions to the regular spelling:

1. verbs ended in -e get only a final -d:
EX: -to sentence (a condamna) sentenced sentenced
[to sentence somebody to death/ to prison a condamna pe cineva la moarte/ la
nchisoare]

-to inquire (a ntreba, a cerceta) inquired inquired
[to inquire into a face cercetri cu privire la]
2. some verbs ended in stressed -r, -n, -t; -l, -ap or -s double
the last consonant:
EX: -to disbar (a revoca din barou) disbarred disbarred
-to plan (a planifica) planned planned
[to plan a meeting a planifica o ntlnire]
-to cancel (a anula, a stinge o datorie, a nulifica) cancelled cancelled
[to cancel a transaction/ a contract/ a debt a anula o tranzacie/ un contract/ o
datorie]
-to submit (a supune) submitted submitted
[to submit to arbitration - a supune arbitrrii; to submit to the court a
prezenta/preda instanei]
-to kidnap (a rpi) kidnapped kidnapped
-to focus (a se concentra) focussed/focused focussed/focused
[to focus an investigation on a suspect a concentra investigaia asupra unui
suspect]
-to bias (a influena) biassed/biased biassed/biased
[to bias a decision/a choice a influena o decizie]
3. some verbs ended in -y get a final -ied:
EX: -to try (a ncerca, a supune) tried tried
[to try a case before a judge/a jury a suspune un caz deliberrii unui judector/
unui juriu]
-to apply (a aplica, a cere, a solicita, a petiiona) applied applied
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[to apply for a loan a solicita un mprumut; 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 instan
mai nalt]
-to study studied studied

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2. Regular and Irregular Verbs

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

EX: -to abide (a se conforma, a se supune) abode/ abided abode/ abided
[to abide by a law a se supune unei legi; to abide by the judges decision a se
supune deciziei judectorului]
-to bring (a aduce, a soluiona, a da, a determina) brought brought
[to bring verdict to a da o sentin; to bring to confession a determina o
confesiune; to bring a charge/ a legal action/ a suit/ an appeal a acuza; a intenta
un proces]
-etc. [For the complete list of irregular verbs which go into idiomatic constructions
see Appendix 1]

3. Full and Auxiliary Verbs

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

EX: to commit an offense/ a breach of the law/ a debauch [He committed an offense
against the State]
to prosecute for criminal offense [He was prosecuted by the Prosecution
Department from The Court of Law Iai]

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

a. The tense-formers are:
EX: -to be
First form: I am, you are, he/she/it is; we are, you are, they are
Second Form: I/he/she/it was, we/you/they were
Third Form: been
-to have
First Form: I/you/we/you/ they have; he/she/it has
Second Form: I/you/he/she/it/we/you/they had
Third Form: had
-to do
First Form: I/you/we/you/ they do; he/she/it does
Second Form: I/you/he/she/it/we/you/they did
Third Form: done
-to use
Second Form: used to (I used to smoke a lot)
-shall, will
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First Form: I shall sue him for the damage which his breach of
contract causes.
You/he/she/ (it)/ we/ you/ they will solicit money after the
trial is judged.
Second Form: I/you/he/she/(it)/we/you/they should sue him for the
infringement of the law.
He said I/you/he/she/(it)/we/you/they would solicit
money after the trial is judged.

b. The mood-formers (modals) are:

EX: -can:
First form: I/you/he/she/(it)/we/you/they can hear an action brought
against a defendant accused of murder.
Second form: I/you/he/she/(it)/we/you/they could bring an action to
court for compensation.
-may
First Form: I/you/he/she/(it)/we/you/they may be released on parole/ on
bail.
Second Form: I/you/he/she/(it)/we/you/they might plead not guilty.
-must
First Form: I/you/he/she/(it)/we/you/they must follow the previous
decisions of the courts.
-ought (to)
First Form: I/you/he/she/(it)/we/you/they ought to extinct the sanction.
-have (to)
First Form: I/you/he/she/(it)/we/you/they have to qualify to plead on
behalf of clients
Second Form: I/you/he/she/(it)/we/you/they had to deal with wage
disputes.
-need (to)
First Form: I/you/he/she/(it)/we/you/they need(s) to proscribe the death
penalty.
Second Form: I/you/he/she/(it)/we/you/they needed to prescribe the
restrictive clauses of the contract.

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4. Transitive and Intransitive Verbs:

Transitive verbs are those verbs which transfer the effect of an action upon an object/
person:
EX: The judge reversed the decision.
The plaintiff (the claimant) suits the defendant.

Intransitive verbs are those verbs which do not transfer the effect of an action upon an
object/ person (usually they are phrasal verbs that change the basic meaning):
EX: The prosecutor sits in judgment on the defendants patent facts.
The matter fell outsides court jurisdiction.
The defendants lawyer brings the procedure to end.
By default, the accused was cast to paying damages to the claimant.
The judge gave up to bribery.

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THE CONJUGATION OF THE ENGLISH VERB:
PERSONAL vs. IMPERSONAL MOODS; SIMPLE vs. COMPOUND TENSES;
COMMON vs. CONTINOUS ASPECT

1. Personal and Impersonal Moods

The impersonal moods of the English verb are mobile enough to turn into adjectives,
adverbs or nouns. The impersonal moods are:
-The Infinitive (Infinitivul) or the First form of a verb:
EX: to file (an amendment/ a complaint/ a document/ a fee/ an injunction);
to withdraw (a case/ a charge).

-The Participle (Participiul) or the Third Form of a verb:
EX: filed;
withdrawn.

-The Gerund (Gerunziul) which forms with an -ing ending:
EX: filing;
withdrawing.

The personal moods of the English verb are determined by Person (Persoan),
Number (Numr), Tense (Timp), Voice (Diatez), Aspect (Aspect).

As a rule for the regular verbs the person and number forms are identical, excepting
the third person singular (he/ she/ it) that acquire a final -s:
EX: to require (a quorum)
I require
You require
He/she/ it require (s)
We require
You require
They require

Moods show the attitude of the speaker towards the content of the utterance.
The indicative mood (Indicativul) has 6 tenses, each of them with its common and
continuous aspect. Consequently the English verb has 12 distinctive forms for:
Present (Prezentul); Present Continuous (Prezentul continuu), Present Perfect
(Prezentul perfect); Present Perfect Continuous (Prezentul perfect continuu), Past
(Trecutul nedefinit); Past Continuous (Trecutul Continuu), Past Perfect (Mai mult ca
perfectul); Past Perfect Continuous (Mai mult ca perfectul continuu), Future (Viitorul
apropiat); Future Continuous (Viitorul continuu); Future Perfect (Viitorul anterior);
Future Perfect Continuous (Viitorul anterior continuut).

(See below the in Appendix THE TABLE OF TENSES)

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

EX: But for the bylaws of the Company, we should grant the permission to unseal the
documents.
They would like to file the writ of execution.

The Imperative Mood takes the present form of the verb. It is used to give orders or
to make requests.

EX: Call the meeting!

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2. Simple and Compound Tenses

There are two Simple tenses of the English Verb:

1. The Present Tense (First Form) expresses an action/state which is
made in the present of speech:
EX
Affirmative Negative Interrogative

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

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

Do I assert my right to
speak freely? (mi afirm
dreptul de a vorbi liber?)
Do you assert your right
to speak freely?
Does he/she/it assert
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?


I hold in custody the
drunken driver (l in n
custodie pe oferul beat).
You hold in custody the
drunken driver.
He/ She/ It holds in
custody the drunken
driver.
We hold in custody the
drunken driver.
You hold in custody the
drunken driver.
They hold in custody the
drunken driver.

I do not hold in custody
the drunken driver (Nu l
in n custodie pe oferul
beat)
You do not hold in
custody the drunken
driver.
He/She/It does not hold in
custody the drunken
driver.
We do not hold in custody
the drunken driver
You do not hold in
custody the drunken
driver.
They do not hold in
custody the drunken
driver.

Do I hold in custody the
drunken driver? (l in n
custodie pe oferul beat?)
Do you hold in custody
the drunken driver.
Does he/she/it hold in
custody the drunken
driver?
Do we hold in custody the
drunken driver?
Do you hold in custody
the drunken driver?
Do they hold in custody
the drunken driver?

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2. The Past Tense (Second Form) expresses an action/state which is
made in a specified moment of the past:
EX:


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

I did not assert my right
to speak freely (Nu mi-am
liber).
You did not assert your
He/She/ It did not assert
freely.
We did not assert our
You did not assert your
They did not assert their

Did I assert my right to
speak freely? (Mi-am
liber?)
Did you assert your right
to speak freely?
Did he/she/it assert
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?


I held in custody the
drunken driver (L-am inut
n custodie pe oferul
beat).
You held in custody the
drunken driver.
He/ She/ It held in custody
the drunken driver.
We held in custody the
drunken driver.
You held in custody the
drunken driver.
They held in custody the
drunken driver.

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

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

There are 10 compound tenses of the English Verb and they form as follows:
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1. The Present Continuous (prezentul continuu) expresses a
durative action/state which happens in the moment of speech. It
forms with the auxiliary verb to be (First Form) + the -ing Form
of the verb.

EX:

I am having a writ served
to the client. (Trimit chiar
acum citaia clientului)
You are having a writ
served to the client.
He/She/It is having a writ
We are having a writ
You are having a writ
They are having a writ

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

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

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

EX:

I have made a statement.
(Tocmai am depus
mrturie)
You have made a
statement.
He/She/it has made a
statement.
We have made a
statement.
You have made a
statement.
They have made a
statement.

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

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

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I have filed a claim to the
Police. (Tocmai am depus
o plngere la poliie)
You have filed a claim to
the Police.
He/She/It has filed a
claim to the Police.
We have filed a claim to
the Police.
You have filed a claim to
the Police.
They have filed a claim to
the Police.

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

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

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

EX:

I have been getting
through a bar examination
since 5 oclock. (Sunt
supus unei interogri la
bar ncepnd cu ora 5).
You have been getting
since 5 oclock.
He/she/it has been getting
since 5 oclock.
We have been getting
since 5 oclock.
You have been getting
since 5 oclock.
They have been getting
since 5 oclock.

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

Have I been getting
since 5 oclock? (Sunt
supus unei interogri la
bar ncepnd cu ora 5?).
Have you been getting
since 5 oclock?
Has he/she/it been getting
since 5 oclock?
Have we been getting
since 5 oclock?
Have you been getting
since 5 oclock?
Have they been getting
since 5 oclock?
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oclock.
4. The Past Continuous expresses a durative action/state in the past.
It forms with the auxiliary verb to be (Second Form) + -ing
Form of the verb

EX:

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

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

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

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

EX:

I had discharged the
defendant from all
liability. (Am desrcinat
inculpatul de orice
rspundere).
You had discharged the
defendant from all
liability.
He/She/It had discharged
the defendant from all
liability.
We had discharged the
defendant from all

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

Had I discharged the
defendant from all
liability? (Am desrcinat
inculpatul de orice
rspundere?).
Had you discharged the
defendant from all
liability?
Had he/She/It discharged
liability?
Had we discharged the
defendant from all
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liability.
You had discharged the
defendant from all
liability.
They had discharged the
defendant from all
liability.

liability.
You had not discharged
liability.
They had not discharged
liability.

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


I had found a substantial
proof (Am gasit o prob
concludent).
You had found a
substantial proof.
He/she/it had found a
substantial proof.
We had found a
substantial proof.
You had found a
substantial proof.
They had found a
substantial proof.

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

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

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

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

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

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

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

EX:

I shall/ will comply with
the enforceable judgment
of the Court. (Voi respecta
hotrrea executorie a
curii).
You will comply with the
enforceable judgment of
the Court.
He/she/it will comply with
of the Court.
We shall/will comply with
of the Court.
You will comply with the
the Court.
They will comply with the
the Court.

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

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

Note that:
In legal documents, the verb shall is used to indicate obligation, to express a
promise or to make a declaration to which the parties involved are legally bound. This
use differs from that in everyday speech, where it is most often used to make offers
(Shall I open the window?) or to refer to the future (I shall miss you), although this
latter use is less frequent in modern English. In legal texts, shall usually expresses the
meaning of must (obligation): Every notice of the meeting of the shareholders shall
state the place, date and hour, or will (in the sense of a promise): The board of
directors shall have the power to enact bylaws. Shall can also be used in legal texts to
refer to a future action or state: ... until two years shall have expired since such action
by vote of such shareholders.
In everyday speech, this future meaning is commonly expressed using only the
present perfect (... until two years have expired ...).
Another verb commonly found in legal documents is may, which generally
expresses permission, in the sense of can (this use is less common in everyday
English): ... any bylaw or amendment thereto as adopted by the Board of Directors
may be altered, amended or repealed by a vote of the shareholders.
In everyday English, may is sometimes used as a substitute for might, indicating
probability (He may want to see the document).
8. The Future Continuous expresses durative future actions/states.
It forms with the auxiliary shall/will + to be (Infinitive invariable
form - BE) + -ing Form of the verb.
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EX:

Tomorrow I will/shall be
calling the cause on the
roll to the Supreme Court
of Justice all day long.
(Toat ziua de mine voi
pune procesul pe rol la
Curtea Suprem de
Justiie).
Tomorrow you will be
Tomorrow he/she/it will
be calling the cause on
the roll to the Supreme
Court of Justice all day
long.
Tomorrow we will be
Tomorrow you will be
Tomorrow they will be

Tomorrow I will not be
(Mine nu voi pune
procesul pe rol la Curtea
Suprem de Justiie).
Tomorrow you will not be
Tomorrow he/she/it will
not be calling the cause
on the roll to the Supreme
long.
Tomorrow we will not be
Tomorrow you will not be
Tomorrow they will not
be calling the cause on
the roll to the Supreme
long.

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

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

EX:

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

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

Shall/will I have
cancelled the contract?
(Voi fi reziliat contractul?)
Will you have cancelled
the contract?
Will he/she/it have
Shall/will we have
19
You will have cancelled
the contract.
They will have cancelled
the contract.
We shall/will not have
You will not have
They will not have
Will you have cancelled
the contract?
Will they have cancelled
the contract?


I shall/will have borne
record of the deed of
discharge. (Voi fi certificat
despre actul de descrcare
a obligaiei.)
You will have borne
discharge.
He/she/it will have borne
discharge.
We shall/will have borne
discharge.
You will have borne
discharge.
They will have borne
discharge.

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

Shall/will I have borne
discharge? (Voi fi
certificat despre actul de
descrcare a obligaiei?)
Will you have borne
discharge?
Will he/she/it have borne
discharge?
Shall/will we have borne
discharge?
Will you have borne
discharge?
Will they have borne
discharge?

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

EX:

By the first of January I
shall/will have been
carrying on the process
through the court for two
months. (La 1 ianuarie voi
fi supus procesul
dezbaterii n instan de
dou luni).
By the first of January you
will have been carrying

By the first of January I
shall/will not have been
months. (La 1 ianuarie nu
voi fi supus procesul
dou luni).
will not have been

Shall/will I have been
months by the first of
January? (La 1 ianuarie
voi fi supus procesul
dou luni?).
Will you have been
20
on the process through
the court for two months.
By the first of January
he/she/it will have been
months.
By the first of January we
shall/will have been
months.
By the first of January they

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

January?
Will he/she/it have been
January?
Shall/will we have been
January?
Will you have been
January?
Will they have been
January?

21
3. Common and continuous aspect

The aspect of the verb is related to the temporal character of the action/state
described by the verb.

1. The common aspect describes an act which is thought of as a
bare statement, a fact (a general or habitual fact), as a completed
whole.

EX: The courts and tribunals are the two institutions which resolve legal
problems in the English law system. (general fact)
Every day magistrates Courts perform judicial functions in cases
too trivial to be dealt with by the Crown and County Courts.
(habitual fact).
The barrister has asked permission to object. (a completed action)

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

EX: He is holding a brief to the defendants case. (duration)
You have been asking legal advice from the solicitor in each case.
(repetition)
It is growing difficult to deal with slander actions. (beginning of an
action)
I ussually dismiss groundless claims but today I am meeting the
defendants demand. (temporary or particular charcater of an act)

EXCEPTIONS:

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

b. with non-conclusive verbs denoting thought, emotion: believe, feel (that),
think (that), know, understand, remember, recollect, forget, suppose,
mean, gather (that), want, wish, forgive, refuse, love, hate, like, dislike,
care, seem, appear (seem), belong to, contain, consist of, possess, own,
matter, have (possess, own), be (except i the passive voice)

The exceptions to the exceptions which concern the law terminology:

a. When the verbs quoted above denote voluntary actions:

EX: Which judge is hearing the case?
I am seeing the solicitor tomorrow.
Were you listening to his deposition/testimonial?
22
I am gathering that the defendant is about to produce proofs to his not guilty
plea.

b. When we wish to give special emphasis in the very moment of speech:

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

23

B. Aprofundarea unor noiuni de vocabular specifice domeniului juridic
(Law Terminology)

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

The British Court System

Read the texts below:

A. THE BRITISH COURT SYSTEM

There are two types of magistrates in England and Wales: lay magistrates,
also known as lay justices, who have the title of justice of peace, and stipendiary
magistrates. The former is a body of men and women which has been in existence
since the fourteenth century, and is called on to pass a judgment on their fellow
citizens, without any real legal training. The latter is a body of Lawyers, called upon
to do substantially the same job, which dates from the eighteenth century. They both
exercise their powers in a less formal court than other courts, known as Magistrates
Courts, and deal with more cases than any other court of law in the English Legal
System.
The main job of the magistrates is to deal with civil and criminal cases too
trivial to be dealt with by the Crown and the County Courts.
In terms of their criminal jurisdiction the Magistrates Courts deal with
something over 95% of all cases. The English legal system divides criminal offences
into three basic categories:
1. Summary offences is the category of minor crimes such as parking
offences, minor assaults, begging, as less minor crimes such as drinking
and driving which are tried without a jury.
2. Indictable offences are those more serious offences for which the
police are given the power to arrest and which will be tried by a jury;
murder, manslaughter, serious fraud all come within this category.
3. Either way offences are names as such because of the fact they are not
uniformly major or minor and may or may not be tried by a jury at the
request of the defendant. The best example of these offences is theft
which may involve either very small or very large amounts of money.
The magistrates criminal jurisdiction is principally limited to summary and
either way offences (where the defendant elects not to have a jury trial). However,
magistrates have an important role to play in serious criminal proceedings. Where a
person is charged with an indictable offence, magistrates sit as examining justices to
decide whether the prosecutions case is strong enough to warrant committing the
accused for trial in the Crown Court. This procedure is also known as committal
proceedings. They also issue arrest and search warrants to the police.
Justices of peace are chosen by the Lord Chancellor on the advice furnished by
Advisory Boards. These organizations are concerned with recruiting magistrates from
amongst the worthy members of the community. They are not paid a salary but
24
receive expenses incurred in the performance of their judicial duties. Although they
are lay persons, they have some legal knowledge as they receive two short courses of
instruction, during which they are initiated into the basic aspects of law, including
evidence, sentencing and procedure. They are assisted by clerks of justices,
normally solicitors or barristers of at least seven years standing.
Stipendiary magistrates are to be found in most of the large cities and towns of
England and Wales. Stipendiary magistrates are full-time members of the Court
chosen by the Queen on the advice of Lord Chancellor. They receive wages or stipend
and they are normally barristers or solicitors of at least seven years standing.
(Michael Brookes, David Holden& Wesley Hutchinson, Engleza pentru juriti,
traducere de Cristina Anghel, Bucureti, Teora, 2007, p. 16-17).

B. CRIMINAL AND CIVIL COURTS IN THE UNITED KINGDOM

Duncan Ritchie, a barrister, is talking to a visiting group of young European
lawyers.
Both criminal and civil courts in England and Wales primarily hear evidence
and aim to determine what exactly happened in a case. Broadly speaking, the lower
courts decide matters of fact and the upper courts normally deal with points of law. In
England, simple civil actions, for example family matters such as undefended divorce,
are normally heard in either the Magistrates Courts or the County Courts.
Judges have different titles depending on their experience, training, and level. A
single stipendiary magistrate or three lay magistrates sit in the Magistrates Court.
Theres no jury in a Magistrates Court. Family cases may go on appeal from the
Magistrates Court to the County Courts. The County Court also hears complex first
instance civil cases, such as contract disputes, compensation claims, consumer
complaints about faulty goods or services, and bankruptcy cases. Claimants,
previously referred to as plaintiffs, may seek a legal remedy for some harm or injury
they have suffered. There are circuit judges and recorders who sit in the County
Courts, usually without a jury. Juries are now rare in civil actions, so normally the
judge considers both law and fact.
More complex civil cases, such as the administration of estates and actions for
the recovery of land, are heard in the High Court of Justice, which is divided into
three divisions: Family, Chancery and Queens Bench. The court has both original,
that is, first instance, and appellate jurisdiction. From the High Court cases may go on
appeal to the civil division of the Court of Appeal, which can reverse or uphold a
decision of the lower courts. Its decisions hind all the lower civil courts. Civil cases
may leapfrog from the High Court to the House of Lords, bypassing the Court of
Appeal, when points of law of general public importance are involved. Appellants
must, however, apply for leave to appeal. Decisions of the House of Lords are binding
on all other courts but not necessarily on itself. The court of the House of Lords
consists of twelve life peers appointed from judges and barristers. The quorum, or
minimum number, of law lords for an appeal hearing is normally three, but generally
there is a sitting of five judges. (Cambridge Professional English in Use. Law,
http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar )

C. COURTS vs. TRIBUNALS IN THE UNITED KINGDOM

The system of courts in the United Kingdom is supplemented by a substantial
number of tribunals, set up by Acts of Parliament. They are described in the guidance
25
given to government departments as those bodies whose functions, like those of
courts of law, are essentially judicial. Independently of the Executive, they decide
the rights and obligations of private citizens towards each other and towards a
government department or public authority (Report of Council on Tribunals)
The growth in the number and importance of tribunals is closely related to the
development of an increasingly active welfare state with legislation covering areas
previously considered private. Some examples are:
Social Security Appeal Tribunal
Employment Tribunal
Mental Health Review Tribunal
Immigration Appeal Tribunal
Lands Tribunal
Some tribunals have a significant effect in the areas of law involved. However,
they are nonetheless inferior to the courts and their decisions are subject to judicial
review - examination by a higher court of the decision-making process in a lower
court.(Cambridge Professional English in Use. Law,
http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)

A tribunal consists of three members. The chairperson is normally the only
legally qualified member. The other two are lay representatives who usually have
special expertise in the area governed by the tribunal, gained from practical
experience. The tribunal will also have all the usual administrative support enjoyed by
a court: hearing clerks, who are responsible for administering procedures, clerical
staff, and hearing accommodation.
The intention of tribunals was to provide a less formal proceeding in which
claimants could lodge claims and respondents defend claims, and ultimately
resolve their disputes without the need for legal representation. However, procedures
have become more complicated and cases brought before tribunals are often
presented by solicitors and barristers. For example, a case of unfair dismissal - where
an employer appears to not be acting in a reasonable way in removing an employee -
could be brought to an Employment Tribunal. Procedure at that Tribunal may include
a stage where a government agency tries to broker a settlement so that a claim may
be withdrawn. The costs of the hearing are borne by the public purse that is, paid
from tax revenue, but legal representation is at the cost of each party.
Witness statements are normally exchanged before the hearing and at the
hearing both parties may question witnesses and address the Tribunal. The Tribunal
can refer to decisions of higher courts before making its decision in a specific case.
(Cambridge Professional English in Use. Law,

D. TYPES OF COURTS &COURT STRUCTURES IN THE UNITED
KINGDOM

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

1. The Appellate Court (or, The Court of Appeal/Appeal Court) = a court where
a case already heard by a lower court is reviewed.
2. The Crown Court = the highest court of jurisdiction, usually the last resort.
26
3. The High Court = a court where serious crime offences are heard by a judge
and a jury.
4. The Juvenile Court = where a person under the age of 18 would be tried.
5. The Lower Court (or, The Court of the First Instance) = the court of primary
jurisdiction where a case is heard for the first time.
6. The Magistrates Court = a court which tries small crimes in the UK.
7. The Moot Court = where law students argue hypothetical cases.
8. The Small-Claims Court = where are tried cases which involve a small amount
of money.
9. The Tribunal = a court where a group of specialists examine legal problems of
particular type such as employment issues.

The following diagram shows the court structure in the United Kingdom:

E. PERSONS IN COURT:

1. Defendant /Respondent = a person who is sued in a civil law suit;
2. Plaintiff = reasonably prudent person;
3. Expert witness = a person who has specialized knowledge of a
particular subject who is called to testify in court;
4. Appellant/ Petitioner = person who appeals a decision to a higher court;
5. Bailiff = officer of the court whose duties include keeping order and
assisting the judge and jurors;
6. Advocate = person who pleads cases in court;

1. COURT OF
JUSTICE OF THE
2. HOUSE OF
LORDS
3. COURT OF
APPEAL
4. COURT OF
APPEAL (CIVIL)
5. CROWN COURT 6. HIGH COURT
7. MAGISTRATES
COURT
8. COUNTY COURT
27

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

The American Court System

A.THE US CONSTITUTION

Article III
Section 1.
The judicial power of the United States shall be vested in one Supreme Court,
and in such inferior courts as the Congress may from time to time ordain and
establish. The judges, both of the supreme and inferior courts, shall hold their offices
during good behaviour, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their continuance in office.
Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties made, or which shall be made,
under their authority;-to all cases affecting ambassadors, other public ministers and
consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which
28
the United States shall be a party;-to controversies between two or more states;-
between a state and citizens of another state;-between citizens of different states;-
between citizens of the same state claiming lands under grants of different states, and
between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those
in which a state shall be party, the Supreme Court shall have original jurisdiction. In
all the other cases before mentioned, the Supreme Court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and under such regulations
as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and
such trial shall be held in the state where the said crimes shall have been committed;
but when not committed within any state, the trial shall be at such place or places as
the Congress may by law have directed.
Section 3.
Treason against the United States, shall consist only in levying war against
them, or in adhering to their enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to the same overt act, or
on confession in open court.
The Congress shall have power to declare the punishment of treason, but no
attainder of treason shall work corruption of blood, or forfeiture except during the life
of the person attainted. (http://topics.law.cornell.edu/constitution)
B.THE BILL OF RIGHTS
The Bill of Rights is the name by which the first ten amendments to the United
States Constitution (1787) are known. Is was introduced by James Madison to the
First United States Congress in 1789 as a series of legislative articles, and came into
effect as Constitutional Amendments on December 15, 1791, through the process of
ratification by three-fourths of the States. The Bill of Rights is a series of limitations
on the power of the United States Federal government, protecting the natural rights of
liberty and property including freedom of speech, a free press, free assembly, and free
association. In federal criminal cases, it requires indictment by a grand jury for any
capital or infamous crime, guarantees a speedy, public trial with an impartial jury
composed of members of the state or judicial district in which the crime occurred, and
prohibits double jeopardy. In addition, the Bill of Rights reserves for the people any
rights not specifically mentioned in the Constitution (http://en.wikipedia.org)
Amendment I: Establishment Clause, Free Exercise Clause; freedom of
speech, of the press, and of assembly; right to petition
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the government
for a redress of grievances.
Amendment II: Militia (United States), Sovereign state, Right to keep and
bear arms.
A well regulated militia, being necessary to the security of a free state, the right
of the people to keep and bear arms, shall not be infringed.
Amendment III: Protection from quartering of troops
No soldier shall, in time of peace be quartered in any house, without the consent
of the owner, nor in time of war, but in a manner to be prescribed by law.
29
Amendment IV: Protection from unreasonable search and seizure
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Amendment V: due process, double jeopardy, self-incrimination, eminent
domain.
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just compensation.
Amendment VI: Trial by jury and rights of the accused; Confrontation
Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein the crime shall have
been committed, which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.
Amendment VII: Civil trial by jury
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States, than according to the rules of
the common law.
Amendment VIII: Prohibition of excessive bail and cruel and unusual
punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Amendment IX: Protection of rights not specifically enumerated in the
Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment X: Powers of States and people
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the states, are reserved to the states respectively, or to the people
(http://topics.law.cornell.edu/constitution)

30
C.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
COURT
OF
MILITAR
Y
REVIEW
INTERNA
TIONAL
TRADE
COURT
CLAIMS
COURT
COURT
OF
VETERA
NS
APPEALS
31

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

PEOPLE IN THE LAW

Barristers (Lawyers, Advocates)

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

Magistrates

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

Judges

In England, judges are appointed by the Lord Chancellor*. The minimum
requirement is that one should be a barrister or solicitor of ten years standing. The
majority of judges are barristers, but they cannot practise as barristers.

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

Recorders

They are practising barristers who act as judges on a part-time basis. The
appointment of judges is not a political appointment, and judges remain in office
unless they are found guilty of gross misconduct. Judges cannot be Members of
Parliament**.

** Note that in the USA, state judges can be appointed by the state governor or
can be elected; in the federal courts and the Supreme Court, judges are appointed by
the President, but the appointment has to be approved by Congress.

The jury

32
Juries are used in criminal cases, and in some civil actions, notably actions for
libel. They are also used in some coroners inquests. The role of the jury is to use
common sense to decide if the verdict should be for or against the accused. Members
of a jury (called jurors) normally have no knowledge of the law and follow the
explanations given to them by the judge. Anyone whose name appears on the
electoral register and who is between the ages of 18 and 70 is eligible for jury
service. Judges, magistrates, barristers and solicitors are not eligible for jury service,
nor are priests, people who are on bail, and people suffering from mental illness.
People who are excused jury service include members of the armed forces, Members
of Parliament and doctors. Potential jurors can be challenged if one of the parties to
the case thinks they are or may be biased. (Rawdon Wyatt, Check your English
Vocabulary for Law, Third Edition, London, A.&C Black, 2006).

Solicitors

In England and some other Commonwealth jurisdictions, a legal distinction is
made between solicitors and barristers, the former with exclusive privileges of giving
oral or written legal advice, and the latter with exclusive privileges of preparing and
conducting litigation in the courts.
In other words, solicitors dont appear in court on a clients behalf and barristers
dont give legal advice to clients.
In England, barristers and solicitors work as a team: the solicitor would typically
make the first contact with a client and if the issue cannot be resolved and proceeds to
trial, the solicitor would transfer the case to a barrister for the duration of the
litigation.
Lawyers in some states, such as Canada, sometimes use the title barrister and
solicitor even though, contrary to England, there is no legal distinction between the
advising and litigating roles.
Canadian lawyers can litigate or give legal advice (as is the case in the USA,
where lawyers are referred to as attorneys).
(http://www.duhaime.org/LegalDictionary)

Prosecutors (attorney general, prosecuting attorney in US Law; prosecuting
officer)

In Australia, Canada, England and Wales, Hong Kong, Northern Ireland,
Ireland and South Africa, the head of the prosecuting authority is typically known as
the Director of Public Prosecutions, and is appointed, not elected. A DPP may be
subject to varying degrees of control by the Attorney General, usually by a formal
written directive which must be published.
In the United States, the director of any such offices may be known by any of
several names depending on the legal jurisdiction. The terms County Attorney,
Prosecuting Attorney (in Michigan, Indiana, Hawaii, and West Virginia), County
Prosecutor, State Attorney, States Attorney, State Prosecutor, Commonwealths
Attorney (in Virginia and Kentucky), District Attorney (in some states), District
Attorney General (in Tennessee), Prosecuting Attorney (in Missouri counties),
Attorneys General (in Rhode Island and Delaware), and City Attorney (in Missouri
cities that have city prosecutors) are all titles of prosecutors in various state courts.
Prosecutors are most often elected. United States Attorneys represent the federal
government in federal court, in both civil and criminal cases.
33
In Canada, public prosecutors in most provinces are called Crown Attorney or
Crown Counsel. They are generally appointed by the provincial Attorney-General;
unlike their United States counterparts, they are not elected and are therefore more
passive than their American counterparts.
Though Scots law is a mixed system, its civil law jurisdiction indicates its civil
law heritage. Here, all prosecutions are carried out by Procurators Fiscal and
Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct
investigations by the police. In very serious cases, a Procurator Fiscal, Advocate
Depute or even the Lord Advocate, may take charge of a police investigation. It's at
the discretion of the Procurator Fiscal, Advocate Depute or Lord Advocate to take a
prosecution to court, and to decide on whether or not to prosecute it under solemn
procedure or summary procedure. Other remedies are open to a prosecutor in
Scotland, including fiscal fines and non-court based interventions, such as
rehabilitation and social work. All prosecutions are handled within the Crown Office
and Procurator Fiscal Service. (http://en.wikipedia.org)

PRINCIPLES AND TYPES OF LAWS

The legal system in the United Kingdom

Bodies of law

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

The UK Constitution

The head of state is the monarch, currently the Queen in the UK, but the
government carries the authority of the Crown (the monarch). The Westminster
Parliament has two chambers: the House of Lords and the House of Commons,
which sit separately and are constituted on different principles. The Commons is an
elected body of members. Substantial reform is being carried out in the upper house,
the House of Lords, where it is proposed that the majority of members be appointed,
with a minority elected, replacing the hereditary peers. There is no written
34
constitution, but constitutional law consists of statute law, common law, and
constitutional conventions.

Principle of binding precedent

Essential to the common law is the hierarchy of the courts in all of the UK
jurisdictions and the principle of binding precedent, in practice, this means that the
decision of a higher court is binding on a lower court, that is, the decision must be
followed, and in the course of a trial the judges must refer to existing precedents.
Theyll also consider decisions made in a lower court, although they're not bound to
follow them. However, a rule set by a court of greater or equal status must be applied
if it's to the point - relevant or pertinent.
During a trial, counsel will cite cases and either attempt to distinguish the case
at trial from those referred to or, alternatively, argue that the rule at law reasoned
and established in a previous case is applicable and should be followed. Hence the
term case law. A case will inevitably involve many facts and issues of evidence. The
eventual decision itself doesn't actually set the precedent. The precedent is the rule
of law which the first instance judge relied on in determining the case's outcome.
Judges in a case may make other statements of law. Whilst not constituting
binding precedents, these may be considered in subsequent cases and may be cited as
persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts
in the United Kingdom must now refer to the ultimate authority of the European Court
of Human Rights, including all previous decisions made by that court. (Cambridge
Professional English in Use. Law,

The starting point from which to explain the English doctrine of the precedent
is the principle of justice that like cases should be decided alike. This principle is
enforced in the English law by the rule of stare decisis (keep to what has been decided
previously) and although this is a rule whish is almost universally applied in all
jurisdictions throughout the world; this rule has peculiarly coercive or binding nature
in the English system. This particularly coercive nature comes from the rules of
practice of English judges, called, rules of the precedent. These rules state that, to a
large extent, English law is based on case-law. Case-law consists of the rules and
principles acted on by the judges in giving decision; the English system obliges a
judge in a subsequent case to have regard to these matters in making his decision.
This is unlike many other jurisdictions where a judge regards the rules and principles
on which a judge acted in a previous case as material he may take into consideration.
The fact that English law is largely a system of case-law means that a judges
decision in a particular case constitutes a precedent. There are a number of different
types of precedent.
The judge may simply be obliged to consider the former decision as part of the
material on which his present decision could be based, or he may be obliged to decide
the case before him in the same way as that in which a previous case was decide
unless he can find a good reason for not doing so. Finally, the judge in the instant case
may be obliged to decide it in the same way as that in which the previous case was
decided, even if he can give a good reason for not doing so. In the last mentioned
situation the precedent is said to be binding as contrasted with the merely
persuasive effect of the other two situations.
35
A relaxation of rules came in the XX-iest century when it was clearly stated that
on the criminal side the Court of Appeal could depart from its previous decisions in
the interests of justice. On the civil side of that court the position is much more
restricted. It may depart from its previous decisions in only three narrow situations:
where there are two earlier conflicting decisions; where the Courts earlier decision
cannot stand with a subsequent decision of the House of Lords; and when the Courts
earlier decision was given per incuriam (through negligence or oversight).
Finally it must be stated that only certain parts of the decision are regarded as
binding. These parts are called ratio decidendi of the case. The structure of the typical
judgment in a civil case would probably be as follows: the judge sums up the
evidence, announces his findings of fact (if there is no jury), reviews the arguments
addressed to him by counsel for each of the parties during the trial, and gives his
decision. If a point of law has been raised then he will normally discuss a number of
previous decisions (or authorities) and state their bearing on the instant case. In
doing so he may decide to distinguish certain previous decisions from that case. Only
the rule of rules which may be extracted from the judges reasoning may be regarded
as the ratio of the case and therefore its binding authority. Any other proposition of
law which may be found in the judgment is regarded as obiter dicta and hence a
merely persuasive authority (Michael Brookes, David Holden & Wesley Hutchinson,
Engleza pentru juriti, traducere de Cristina Anghel, Bucureti, Teora, 2007)

Law Reports

The development and application of the common law system pivots upon the
existence of a comprehensive system of reporting cases. The Law Reports, published
annually by the Council of Law Reporting, are perhaps the most authoritative and
frequently cited set of reports, differing from other series of law reports, such as
Butterworths All England Law Reports or specialist reports like Lloyds Law Reports,
in that they contain summaries of counsels arguments and are revised by the judge
sitting in each respective case before publication. Cases arent always reported in the
year that they are decided so a case citation will refer to the volume and year in
which the case was published, for example Meah v Roberts, [1978] 1 All ER 97.
Developments in electronic databases have increased public access to recent cases.
(Cambridge Professional English in Use. Law,

36

C. Anexe (Appendices):

37

APPENDIX I

1. List of irregular verbs frequently used in juridical idioms

to abide abode/abided abode/abided
to abide by (to) the law (a se conforma, a se supune unei legi, a rmne, a
persista)
to abide by (to) a decision

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

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

to bid bade/ bid bidden/ bid
to bid to (a face o ofert)

to bind bound bound
to bind to (a angaja, a lega, a incumba, a implica, a obliga, a ratifica, a
ncheia o convenie)
to bind a transaction (a ncheia o tranzacie)
to bind duties to (a nghea taxele vamale)
to bind oneself under contract to (a se obliga prin contract) binding =
obligatoriu binding agreement = convenie irevocabil; contract
ferm; binding offer = ofert ferm; binding power = for obligatorie;
binding precedent = precedent care se impune; binding signature =
semntur autorizat.

to break broke broken
to break to (a nu ndeplini)
to break a law to (a nu respecta o lege) breakage = despgubire
breaking = faliment breaking of the close = tulburare n folosin;
breaking of a seal = ruperea sigiliului; breaking of arrestment =
nerespectarea unui mandat de arestare.

to bring brought brought
to bring verdict to = a da o sentin
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 ncepe o procedur
to bring a prosecution to = a ncepe urmrirea
to bring a suit to (against someone to) = a intenta cuiva un proces
to bring an action to = a introduce o aciune
38
to bring an appeal to = a face apel, a ataca o hotrre judectoreasc
to bring before a judge = a aduce n faa unui judector / tribunal
to bring forward a complaint = a aduce o plngere
to bring in a verdict of [not] guilty to = a [nu] se declara vinovat
to bring in interest to = a aduce dobnzi
to bring in justice to = a chema n justiie
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 prile fa n fa
to bring up legislation = a invoca o lege

to buy bought bought
to buy by auction = a cumpra prin licitaie
to buy by installment = a cumpra n rate
to buy in against a client = a executa un client
to buy off = a mitui
to buy out to = a cumpra toate drepturile unui ter; a despgubi un asociat

to cast cast cast
to cast to = a condamna la despgubiri/ daune
to cast back an argument to = a replica la un argument
to cast the blame on to = a arunca vina asupra cuiva casting =
determinant, decisiv (casting vote; casting argument)

to come came came
to come down to = a blama, a mustra
to come down with to = a plti
to come in for to = a-i reveni, a primi
to come in force to = a intra n vigoare
to come into to = a intra n posesie
to come into operation to = a intra n vigoare
to come into possession = a intra n posesie
to come into use to = a intra n folosin
to come under law to = a cdea sub incidena legii
to come upon the rates = a recurge la asistena public
to come within a court jurisdiction = a fi de competena unei curi

to cost cost cost
cost basis = preuri de achiziie
cost book = caiet de sarcini
cost overrun = depirea costurilor
cost, insurance, and freight (CIF) = cost, asigurare i navlu
cost of living = cost de subzisten
costs charge/ overhead = costuri indirecte
costs court = cheltuieli de judecat

to cut cut cut
to cut spending to = a tia cheltuielile
39
to cut taxes to = a reduce taxele
cuts in prices = reduceri de preuri
cuts in salary = reduceri de salariu
cuts in spending = reducerea cheltuielilor

to deal dealt dealt
to deal to = a face comer cu
to deal on joint account = a face o tranzacie cu participaie

to do did done
deed = fapt
deed = act notarial, aciune, contract, document oficial
deed a composition = concordat preventiv n faliment
deed entry = nregistrarea 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 obligaie / donaie
deed of discharge = act de descrcare a unei obligaii
deed of grant = act de transfer imobiliar
deed of partnership = act de constituire; contract de asociere
deed of property = act/ titlu de proprietate
deed of separation = act de separare voluntar a soilor
deed of settlement = act de dispoziie
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 semntur privat
deed warranty = certificat de garanie

to draw drew drawn
to draw an act to = a valida un act
to draw up a contract to = a ntocmi, a redacta

to drink drank drank
drink convictions = condamnri pentru consum de alcool
drunken driving = conducere sub influena alcoolului
drunk and disorderly = beie ntr-un loc public

to fall fell fallen
to fall due to = a ajunge la scaden
to fall in abeyance = a fi suspendat; a cdea n desuetudine
to fall into disuse = a cdea n desuetudine
40
to fall within/ outsides court jurisdiction = a fi n/ n afara competenei unei
instane

to find found found
to find to = a constata, a descoperi/ a da un verdict
to find someone guilty to = a gsi pe cineva vinovat de
finding = concluzie, constatare, pronunare, 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 interdicie
forbidden action = act ilicit

to forswear forswore forsworn

to get got got
to get booked to = a primi un proces-verbal
to get ones 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 cauz

to give gave given
to give an administration order to = a institui un administrator financiar
to give a judgment to = a pronuna o sentin
to give an offence to = a aduce o jignire/ ofens
to give evidence to = a da o depoziie
to give forth to = a emite/ publica o tire/ o lege; a pronuna o hotrre
to give in to = a ceda; a prezenta un document
to give information to = a denuna; a face un denun
to give judgment to = a pronuna o sentin/ hotrre
to give notice to = a concedia; a evacua; a da un preaviz
to give notice to somebody = a notifica de ceva
to give off = a emite
to give somebody in charge to = a da pe cineva pe mna poliiei
to give case for the defendant to = a pronuna o sentin n favoarea prtului
to give up to = a ceda; a renuna; a denuna; a preda justiiei
to give way = a ceda; a face concesii
giver = donator
gift = donaie; dar
gift by will = donaie testamentar
gift inter vivos = donaie ntre vii
gift purchase = dobndire prin donaie
gift tax = impozit pe donaie

to go gone went
to go bail to = a da o cauiune
41
to go bail for someone = a garanta pentru cineva
to go on strike = a declana o grev
to go to law = a recurge la justiie

to have had had
to have a criminal record = a avea cazier
to have a bad record = a avea o reputaie rea
to have a writ served to = a-i trimite cuiva o citaie

to hear heard heard
to hear a case = a audia un caz
to hear a case in camera to = a audia un proces cu uile nchise
to hear a witness = a audia un martor
hearing = audiere; dezbatere judiciar; examinare; nfiare
hearing announcements = anunuri fcute pe pacursul unei dezbateri
hearing closure = ncheierea 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 = mrturie indirect

to hold held held
to hold to = a deine, a avea n posesie; a reine; a hotr
to hold a brief to = a pleda
to hold a hearing to = a desfura o audiere
to hold an inquest to = a face o anchet
to hold an inquiry = a efectua o anchet / cercetare
to hold an office to = a deine o funcie
to hold captive to = a ine n captivitate
to hold office to = a exersa atribuii
to hold over a payment = a amna o plat
to hold someone culpable to = a nvinovi pe cineva
to hold someone liable to = a face pe cineva rspunztor de ceva
to hold the scale even = a judeca imparial
to hold to bail = a pune n libertate pe cauiune
hold-up = atac; tlhrie
hold up to = a suspenda
holder = deintor; proprietar
holder of a bill = cesionarul unei cambii
holder on trust = depozitar de valori
holding = drept de proprietate funciar; fond de posesiune; proprietate;
pachet de aciuni
hold-over tenacy = arend; nchiriere prelungit tacit

to hurt hurt hurt
(a prejudicia)

to keep kept kept
42
to keep accounts to = a ine contabilitatea
to keep in prison to = a ine pe cineva n nchisoare
to keep safely to = a pstra depozit
to keep somebody under restraint to = a ine pe cineva sub interdicie
to keep the law to = a respecta legea
to keep the peace to = a respecta ordinea public
keeper = gardian; deintor de aciuni/ titular
keeper of record = grefier; arhivar

to leave left left
leave = autorizaie; concediu; permisiune
to leave to = a lsa prin testament
to leave a legacy to someone = a lsa cuiva o motenire
leave of absence = concediu fr plat
leave without pay = concediu fr plat
leaving service = prsirea locului de munc

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

to let let let
let the buyer beware = cumprtorul s fie vigilent
to let to = a nchiria, a da cu chirie

to make made made
to make to = a construi; a produce
to make a check = a elibera un cec
to make a confession under duress to = a face o declaraie sub constrngere
to make a defence to = a se apra
to make a firm bankrupt to = a declara o firm falimentar
to make a statement = a da o declaraie
to make amends for an injury to = a compensa pentru o injurie
to make an agreement to = a face / ncheia o nelegere
to make an oath to = a depune jurmnt
to make an offer to = a face o ofert
to make arrangements to = a cdea de acord
to make inquiries = a cere informaii; a face cercetri
to make irrelevant remarks = a divaga
to make out a case to = a justifica o plngere
to make up a difference to = a aplana un diferend
make up a pay = diferen de salariu
to make up shortage to = a bonifica

to mean meant meant
means of proof = mijloace de prob
means of subsistence = mijloace de subzisten
means of support = mijloace de subzisten
43
means test = anchet asupra resurselor

to meet met met
to meet a claim to = a contesta o reclamaie
to meet a demand to = a accepta o cerere
to meet conditions to = a ndeplini condiiile sau termenele
meeting minutes = proces verbal al unei edine
meeting of the minds = acord de voine

to pay paid paid
to pay a deposit to = a depune o cauiune
to pay as you earn = a impozita la plata salariilor
to pay as you go to (by results) = a plti pe msura realizrilor
to pay back to = a rambursa
to pay customs to = a plti vama
pay day = zi de salariu
pay desk = cas de plat
to pay down to = a plti n numerar
to pay in advance = a plti n avans
to pay off to = a stinge un debit
to pay on the installment scheme = a plti n rate
to pay ones debts = a-i plti datoriile
pay roll (payroll records) = stat de plat
pay slip = borderou; flutura de plat
pay up to = a achita integral
payable = de plata; datorat
pay-check = salariu
payee = beneficiar al unei pli
payee of allowance = debirentier
payload = sarcin de plat
payment against documents = plat contra documente
payment application = imputare de pli
payment deferred = plat cu termen prin virament
payment due = plat exigibil
payment not due = plata lucrului nedatorat
payment on delivery = plat la livrare
payment on receipt = plat la primire
payment reminder = somaie de plat
pay-off = leaf; mit

to put put put
to put a law in force to (in operation) = a aplica o lege
to put a resolution on the meeting to = a supune o rezoluie la vot adunrii
to put down an amendment to = a depune / nscrie un amendament
to put in claim for something to = a pretinde
to put on oath to = a luat cuiva jurmntul
to put on probation to = a pune n libertate supravegheat
44
to put on trial to = a chema n judecat

to read read read
read and approved = bun i aprobat
reading = citirea n parlament a unui proiect de lege

to ride rode ridden
rider to a treaty = recomandare adiional
rider to a verdict = recomandare adiional pentru clemen

to run ran ran
running account = cont curent
running with the land = servitute funciar

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

to sell sold sold
to sell by date = termen de expirare a unui proces
to sell flat = a vinde fr dobnd acumulat
to sell forward to = a vinde la termen
to sell in bulk to = a vinde en gross
to sell off = a lichida; a solda
to sell short = a vinde hrtii de valoare n sperana unui ctig rapid
to sell up to = a vinde tot stocul la licitaie
to sell up a debtor = a executa un debitor
seller = vnztor
selling = vnzare
selling in = prezentare nainte de desfacere
selling of futures = convenie forfetar

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

to set set set
to set a claim aside to = a respinge o reclamaie
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 arbitrar
to set bar off = impediment de compensaie
set down to = a consemna, a nregistra, a pune pe rol
to set forth rules = a reglementa
to set off to = a reliefa; a semnala; a contracara; a compensa
45
set prices = preuri fixe
to set roght = a pune n ordine
to set up to = a fonda o societate; a amplasa, a expune
to set up a claim to = a reclama
to set up a company = a nfiina o companie
to set up an alibi to = a invoca un alibi
to set up shop abroad = a nfiina o filial n strintate
set-back = eec n afaceri
seth forth to = a enuna; a expune
set-off = compensaie; daune-interese

to shut shut shut
shut-down = ncetare a activitii

to sit sit sit
to sit to = a avea sediul; reedina
sit-down strike = grev la locul de munc
sit-in = grev prin ocuparea unui spaiu
sitting of court = audiere a unei cauze
sitting of Parliament = edin parlamentar

to slay slain slain
slander = defimare
slander action = proces de calomnie
slanderer = calomniator

to sleep slept slept
sleeping partner = asociat comanditar
sleeping partnership = societate n comandit

to slide slid slid
sliding = ajustabil; mobil
sliding scale price = pre ajustabil
sliding scale tariff = tarif mobil

to spend spent spent
spending cuts = reduceri ale cheltuielilor
spending increase = creterea cheltuielilor
spending limit = plafon de cheltuieli
spent convictions = condamnri ispite

to stand stood stood
to stand the trial to = a suporta un proces/ o judecat; a fi chemat n instan
to stand a trial = a fi judecat
to stand bail for = a garanta / a cauiona 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-i retrage candidatura
46
to stand for Parliament = a candida la alegerile legislative
to stand off = a concedia temporar
to stand on forms to = a respecta formalitile
to stand over to = a amna discutarea/ rezolvarea unei probleme
to stand sponsor for somebody = a fi garantul cuiva
to stand the test to = a trece prin/ a rezista unui test
to stand with = a fi conform cu judecata

to steal stole stolen
stealing by finding = furt prin nsuirea unui bun gsit

to strike struck struck
to strike a bargain (a deal) = a ncheia un trg, o afacere
to strike a jury = a constitui un juriu
strike breaker = sprgtor de grev
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 terge; a radia
striker = grevist
striking proof = prob decisiv

to swear swore sworn
to swear an affidavit to = a da o declaraie sub prestare de jurmnt
to swear an estate to = a evalua o proprietate
to swear an oath to = a depune jurmnt
to swear a witness to = a lua jurmntul unui martor
sworn statement = declaraie sub jurmnt

to take took taken
to take in charge to = a aresta
to take to = a lua; a apuca; a ocupa
to take a ballot = a hotr prin vot
to take advantage in good faith = a abuza de buna credin
to take possession to = a lua n posesie
to take proceedings against = a intenta aciune mpotriva
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 mrturie
to take up duties = a intra n funcie
to take witness exception = a recuza un martor
taken in the fact = prins n flagrant delict
taking down = consemnare; nregistrare
taking over = primire; recepie

to tell told told
teller = casier bancar
47
teller proof = verificarea soldului zilnic
tellers stamp = stampila casierului

to understand understood understood
understanding = acord; convenie

to wear worn worn
wear and tear = deteriorare; uzur
wear parts = piese de uzur

to win won won
to win a case = a ctiga 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 acuzaie
to withdraw a claim to = a retrage o cerere de reclamaie
to withdraw a complaint = a retrage o plngere/ aciune/ reclamaie
to withdraw a credit to = a retrage un credit
to withdraw an offer = a retrage o ofert
to withdraw deposits = a retrage depuneri
to withdraw the consent = a-i retrage consimmntul
withdraw of suit judgment = sentin de desistare
withdrawl of suit = desistare de aciune

to withhold withheld withheld
to withhold the truth = a falsifica adevrul
to withhold to = a deine bunuri; a reine; a ascunde; a falsifica
to withhold a fact to = a ascunde un fapt
to withhold assent to = a refuza promulgarea
to withhold relief to = a refuza acordarea de despgubire
to withhold the truth to = a ascunde adevrul
withholding = reinere din salariu

to write wrote written
writ = citaie; document; nscris; mandat; ordonan; somaie
writ of certiorari = ordina de naintare a dosarului unei instane superioare
writ capias = mandat de aducere
writ of attachment = ordin de sechestru
writ of deliverance = ordin de eliberare a unui arestat
writ of execution = mandat de executare; titlu executoriu; ordaonan de
execuie
writ of habeas corpus = mandar de aducere; ordin legal prin care se solicit
aducerea n instan a unei persoane
writ of restitution = somaie de restituire
writ od sub poena = citaie
writ of summons = citare; citaie; cerere introductiv n instan
48
to write to = a scrie; a redacta
to write down to = a reduce
to write off to= a amortiza
to write out to = a redacta un act; a emite un cec
to write up to = a ine registrele la zi
written agreement = convenie scris
written assent = acord scris
written consent = consimmnt scris
written evidence = dovad scris
written interrogation / interrogatories = comisie rogatorie
written law = drept scris
written promise = angajament scris
written proof = prob scris
written words prevail over printed words = cuvintele scrise au prioritate fa
de cele tiprite.

49
APPENDIX II

2. Further Practice: exercises and applications

1.Find synonyms in the text A. THE BRITISH COURT SYSTEM for the
following English words and expressions:
not an expert
to handle
petty
infringement of the law
soliciting money or goods
stealing money, property of goods
offence that is tried in the Crown Court
document authorising the arrest of a person or a search of his property
the head of the judiciary
to justify

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

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

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

VERB NOUN (EVENT OR
ACTION)
NOUN (PERSON)
SIT
APPEAL
HEAR
TRY
CLAIM

4.Match the two parts of the sentences:

a. The appeal courts
b. Magistrates generally hear cases of petty crime as
c. In civil action, a claimer who has suffered

1. harm or injury seeks a remedy.
2. reverse or uphold decisions of the lower courts.
3. a court of the first instance.
50

5. True or false?
Read text C. COURTS vs. TRIBUNALS IN THE UNITED KINGDOM and
decide whether the following statements are true or false:

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

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

a) People who cause trouble in a particular place may be legally prevented from
going to that place again. This is known as a banning / bankruptcy order.
b) In Britain, if someone is causing someone distress, harm or harassment, the
police can apply for an ASDA / ASBO in order to restrict their behaviour.
c) In a civil case, a court may impose a search / hunt order allowing a party to
inspect and photocopy or remove a defendant's documents, especially if the
defendant might destroy those documents.
d) A promise given to a court (for example, by a vandal who promises not to
damage property again) is known as an undertaker / undertaking.
e) Sometimes a temporary injunction can be imposed on someone until the case
goes to court. This is known as a temporary or interlocutory / interim
injunction.
f) A restraining / restriction order is a court order which tells a defendant not to
do something while the court is still making a decision.
g) If someone applies for an injunction against a person with a mental disability,
a third party will be appointed to act for that person. This third party is known
as a litigation assistant / friend.
h) A frozen / freezing order or injunction prevents a defendant who has gone
abroad from taking all his assets (for example, the money in his bank account)
abroad (although he is allowed to take out money for living expenses).
i) If you want to stop a magazine publishing an article about you (or photographs
of you) that you do not like, you can apply for a publicity / publication
injunction.
j) A person who repeatedly harasses, pesters or hits another person might be
given a
k) non-proliferation / non-molestation order to prevent him / her from
continuing to do it.
l) If your partner is trying to get you out of your shared home, or if he / she
wont let you back into your home, you can apply for an occupation /
occupying order to remain / get back into the home.
51
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
52
22. embezzlement
23. espionage
24. forgery
25. grievous bodily harm
26. handling stolen goods
27. indecency
28. indecent assault
29. infanticide
30. manslaughter
31. misuse of drugs
32. money laundering
33. murder
34. obscenity
35. obstruction of the police
36. paedophilia
37. perjury
38. perverting the course of justice
39. piracy
40. possessing something with intent to damage or destroy property
41. possessing weapons
42. racial abuse
43. rape
44. robbery
45. sedition
46. suicide
47. terrorism
48. theft
49. treason
50. unlawful assembly
51. wounding

CRIME CATEGORIES

CRIMES AGAINST PERSON

CRIMES AGAINST PROPERTY

PUBLIC ORDER OFFENCES

ROAD TRAFFIC OFFENCES

53

SEXUAL OFFENCES

POLITICAL OFFENCES

OFFENCES AGAINST JUSTICE

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

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

b. Crown Prosecutor: Tell us in your own words exactly what happened.
Witness: We were in the bar when a man walked up to the victim, pointed a gun
at his head and said 'Youre 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 youre 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: Im sorry sir, but I have to report your actions to the proper
authorities.
Man: Look, officer, heres 50. Lets just pretend this didnt 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 didnt 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 didnt know
what the others were up to until they came back with bags of cash.

54
h. TV newsreader: The car bomb went off in a busy marketplace, injuring
several shoppers.

i. Radio newsreader: The police raided a house in New Street this morning and
recovered 250 illegal copies of the latest Harry Potter film, along with professional
film copying equipment.

j. Man reading newspaper: I dont believe it. The Foreign Minister has been
caught giving government secrets to another country!

k. Political agitator: Now is the time to rise up and overthrow the running dogs
that call themselves our government. Death to the Prime Minister and his cronies!
Death to the Royal Family! Death to the system that bleeds us dry and abandons us!
Unwashed anarchist hordes: Hooray!

l. Shop assistant: I cant accept this 20 note, madam. Its a fake.
Customer: What? You mean its counterfeit?
Shop assistant: I'm afraid so. Do you have any other means of payment?

m. Extract from a newspaper article: The investigation into the rail accident
confirmed that it occurred because the rail company had failed to maintain the tracks
properly over a five-year period. Eight people died when the train left the tracks and
hit an embankment.

n. Police officer: Take your time and tell me what happened, dear.
Pensioner: The man who came to my door said he had come to read the electric
meter, so I let him in. I went to the kitchen to make him a cup of tea. When I returned
he had gone, and so had my television.

o. TV newsreader: A journalist working in the city disappeared this morning.
Police later received a note from a militant faction claiming that they had taken him
and were holding him hostage.

p. Woman: The graffiti around here is getting really bad. Last week somebody
wrote 'Chelsea are rubbish' on our garden wall.
Man: Thats not good. It should say Chelsea are complete rubbish.

r. Man: Look at this note, Cheri. It arrived in the post today. It says Leave
10,000 in cash in the bin by the bus stop, or Ill tell everyone your dirty secret.
Woman: Don't worry about it, Tony. It's probably another little joke from him
next door.

s. Prosecuting lawyer: Tell us again what happened on the night of the incident,
Mr Williams. And let me remind you that you are still under oath.
Defendant: Like I told you, I was at home asleep, so I have no idea what
happened.
Prosecuting lawyer: Dont lie, Mr Williams. We have video evidence that you
were in the nightclub until 3am. And you were seen by several witnesses.

t. Defendant: I don't recognise this court. This trial shouldn't be taking place.
55
Judge: Sit down, Mr Dowling. You are out of order.
Defendant: Oh shut up, you silly old woman. Go back home and do some
washing up or something.

u. Accountant: Weve audited these accounts very carefully, and they just don't
add up.
Office manager: What exactly are you saying?
Accountant: Im saying that someone in your office has been secretly helping
themselves to company money.

v. TV presenter: Jimmy Bond, a former government intelligence agent, has just
published a book about the Intelligence Service called Lifting the Lid. In it, he gives
us a revealing insight into the life of a secret agent. The government have strongly
condemned the book, claiming it contains classified information that should not be in
the public domain.

w. TV presenter: A bank account was opened in a false name in the Bahamas,
and the cash deposited there. The funds were then sent by telegraphic transfer to
another account in Switzerland, and the Bahamas account was closed. It was at this
stage that the Metropolitan Police called in Interpol.

x. Magistrate: Constable, could you explain what happened?
Police constable: I was proceeding down Newland Street at approximately 8
o'clock last night when I heard a lot of shouting coming from The Newlands Inn
public house. On entering, I saw the accused in a state of undress and dancing on a
table.
Magistrate: You mean he was naked?
Police constable: Yes. As the day he was born.

z. Radio newsreader: The judge in the trial of notorious gangster Joe Pinko
Pallino adjourned the court today after it was revealed that several members of the
jury had been offered bribes and other incentives to pass a verdict of not guilty on
Mr Pallino.

10.End the bolded words with the proper ending:

___actually; ___ain; ___artial; ___bunal; ___cation; ___closed; ___cus;
___dential;

___ding; ___ficial; ___gation; ___iator; ___int; ___itator; ___judice; ___lements;

___lic; ___native; ___our; ___promise; ___sent; ___sion; ___tiations; ___tical;

___tration; ___trator; ___ual; ___und; ___untary; ___utions.

56
a) Mediation is one form of what is known as alter____ dispute resolution (ADR
for short).
b) Mediation is generally preferable to liti____ because it is normally quicker
and cheaper.
c) Mediation is vol____, but requires the con____ of all the parties involved
before it can go ahead.
d) Mediation is carried out by a neutral, imp____ third party called a med____.
e) This third party is also sometimes known as a facil____.
f) He / she spends time with all the parties involved in jo___ ses____ and also in
private meetings (known as 'cau___').
g) Any information that the parties provide is confi___ and cannot be dis____ to
the other parties.
h) He / she attempts to solve problems and find resol____ that are prac____ and
bene____ to everyone.
i) Unlike a formal court case, nego____ are in private.
j) Resolutions and sett____ are based on com____ and on mut____ agreement
and acceptance.
k) If no agreement is reached, the parties involved will not be legally bo____ by
anything that has been discussed.
l) A mediation process is said to be 'without pre____', which means that
anything that was said during the mediation cannot be used if there is no
agreement and the case has to go to court.
m) If an agreement is reached and the parties sign a written agreement, this
agreement becomes bin____, and the parties are obliged to hon____ it. This
can then be enforced contr____ if necessary.
n) Another form of ADR is arbi____.
o) This will involve all parties in the dispute appearing before a tri____.
p) An arbi____ is usually an expert in a particular field, and so this form of
dispute resolution may be preferable in disputes where specialist knowledge is
required.
q) However, unlike mediation, this form of resolution involves an adjudi____,
which will probably benefit one side in the dispute more than the other(s).
r) This form of dispute resolution is also less private than mediation (each party
is aware of what the other party is saying about it), and information may end
up in the pub____ dom___.

11. Test your knowledge with this quiz.

1. A contract between a man and a woman to become husband and wife is
called a / an:
(a) wedding
(b) engagement
(c) marriage
(d) affair
(e) relationship

2. Rearrange the letters in bold to make a word meaning husband or wife:
pusoes
3. True or false: If you have a partner, you are assumed to be married.
5. What is the difference between a separation and a divorce?
57
6. Complete this sentence with the appropriate word in bold:
The judge decided that the marriage had never been legal and so he
annexed/antedated /annulled it (in other words, he declared that it had no legal
effect).
7. What is the name we give to the notifiable offence of going through a
ceremony of marriage to someone when you are still married to someone else? Is it:
(a) monogamy
(b) bigamy
(c) polygamy
(d) monotony
8. In England and Wales, what kind of court deals with divorces? Is it:
(a) a magistrates court
(b) a Crown Court
(c) a High Court
(d) a County Court
(e) a court of appeal
9. In England and Wales, a divorce can only be granted on one condition
(known as grounds for divorce): that the marriage has broken down irretrievably (in
other words, it cannot be made right again). Here are two of the conditions necessary
for an irretrievable breakdown:
(a) The couple have lived apart for two years and both consent to divorce.
(b) The couple have lived apart for five years and no consent from the
other spouse is needed.

12. Here is a simplified version of the main divorce procedure. Complete the gaps
with words from the box.

affidavit; decree absolute; decree nisi; dispute (x3);
petition (x2); petitioner (x2); respondent (x2).

a. A request (a __________) is made by the __________ ( = the person applying
for the divorce) to the court for a divorce, in which the facts about the people involved
and the reasons for the divorce are explained.
b. The court sends the divorce __________ to the __________ ( = the other
spouse), together with a form called an Acknowledgement of Service form, which he /
she completes. In it, he / she indicates whether or not he / she wishes to __________
the divorce.
c. He / She returns this to the court within 7 days. (If he / she wants to
__________ the divorce and / or its terms, he / she is sent another form to complete).
d. Assuming that the __________ does not want to __________ the divorce or
the terms, a copy of the Acknowledgement of Service form is sent to the __________,
who confirms the facts sent in their original petition by swearing an __________.
e. The court pronounces the __________, an order ending the marriage subject
to a full __________, which comes later and ends the marriage completely.
f. If a divorced couple have children, one of them may be required to make
regular payments to their ex-husband / ex-wife to help pay for the upbringing of the
children.

58

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

Article 1: All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Article 2: Everyone is entitled to all the rights and freedoms set forth in this
declaration, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status. Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3: Everyone has the right to life, liberty and security of freedom.
Article 4: No one shall be held in slavery or servitude; slavery and the slave
trade shall be prohibited in all their forms.
Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or
punishment.
Article 6: Everyone has the right to recognition everywhere as a person before
the law.
Article 7: All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal protection
against any discrimination in violation of this declaration and against any incitement
to such discrimination.
Article 8: Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted him / her by the
constitution or by law.
Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
Article 10: Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his / her rights and
obligations and of any criminal charge against him / her.

1. The same (adjective)
2. The things that you should be allowed to have (noun)
3. A feeling you have that you have done right or wrong (noun)
4. To have the right to do or have something (verb)
5. Difference (noun)
6. A group of people with distinct physical characteristics or culture (noun)
7. Referring to government or party politics (adjective)
8. Having the legal power over someone or something (adjective)
9. The act of limiting something (noun)
10. The situation of being free (noun)
59
11. The situation of being a person who belongs to someone and works for them
without payment (noun)
12. The situation of having to work very hard for someone, usually in poor conditions
and with very little or
no pay (noun)
13. The buying and selling of people against their will (noun: 2 words)
14. To say that something must not happen (verb)
15. Hurting someone badly so that they are forced to give information (noun)
16. Causing fear, anguish and inferiority (adjective)
17. The unfair treatment of someone because of their colour, class, religion, language,
etc (noun)
18. The act of breaking a rule (noun)
19. The act of encouraging, persuading or advising someone to do something morally
or legally wrong (noun)
20. A court, often one which specialises in a particular area of law (noun)
21. Basic, essential (adjective)
22. Laws and principles under which a country is governed (noun)
23. Done at random, without reason (adjective)
24. The act of keeping someone so that he / she cannot escape or enjoy freedom
(noun)
25. The punishment of being made to live in another country, or another part of a
country (noun)
26. Not biased or prejudiced (adjective)
27. Duty to do something (noun)

14. Legal Latin. Latin words and expressions are still relatively common in the legal
profession. How many of the meanings on the left can you match with the expressions
on the right?

1. By the operation of the law.
2. Caught in the act of committing a
crime.
3. On the face of it, or as things seem at
first.
4. A gift (usually money) with no
obligations attached.
5. Starting again.
6. On its own, or all alone.
7. The right to be heard in a court.
8. Among / In addition to other things.
9. A legal action or application pursued
by one party only.
10. After the event.
11. Equally, or with no distinction.
12. An act, such as murder, which is a
crime in itself.
13. When a threat is implied in a contract,
and as a result
the contract is invalid.

ab initio
actus reus
ad litem
bona fide(s)
bona vacantia
consensus ad idem
corpus delicti
de facto
de jure
de novo
doli capax
doli incapax
ex gratia
ex parte
ex post facto
habeas corpus
in flagrante delicto
in loco parentis
in personam
in rem
60
14. A legal remedy against wrongful
imprisonment.
15. Taken as a matter of fact, even though
the legal status may not be certain.
16. For a short time.
17. Legal action against a person (for
example, one party in a case claims that
the other should do some act or pay
damages).
18. By this fact, or the fact itself shows
this to be true.
19. Acting in place of a parent.
20. A matter on which a judgement has
been given.
21. A decision correctly made by a court,
which can be used as a precedent.
22. Capable of committing a crime.
23. The duty to prove that what has been
alleged in court is true.
24. In total good faith, a state which
should exist between parties to some
types of legal relationship.
25. A real agreement to a contract by
both parties.
26. A situation where the legal title is
clear.
27. Referring to the case at law.
28. Mad, or not completely sane.
29. With no owner, or no obvious owner.
30. The mental state required to be guilty
of committing a crime.
31. An action done in return for
something done or promised.
32. From the beginning.
33. Legal action against a thing (for
example, one party claims property or
goods in the possession of another).
34. An act forbidden by criminal law.
35. Not capable of committing a crime.
36. The real proof that a crime has been
committed.
37. An act which is not a crime, but is
forbidden.
38. In good faith.
39. Acting in a way which exceeds your
legal powers.
inter alia
in terrorem
ipso facto
ipso jure
locus standi
mala in se
mala prohibita
mens rea
non compos mentis
onus probandi
pari passu
per curiam
per se
prima facie
pro tempore
quid pro quo
res judicata
uberrimae fidei
ultra vires

15. Contracts, formal letters and other legal documents frequently contain reference
words that are not often used in other areas of English. These words refer to time,
61
place, result, etc, in connection with the documents they appear in. Complete
sentences 1 14 with appropriate words from the box. To help you, each sentence is
followed by an explanation in italics of the function of the missing word.

Aforementioned; hereafter; hereby; herein; hereinafter; hereof;
hereto (x2);
Heretofore; hereunder; herewith; thereafter; therein; thereinafter;
thereinbefore;

a) We are somewhat confused, as the contract we received named the
company as The Sophos Partnership in the first paragraph, but
__________ as Sophos Ltd. (listed or mentioned afterwards in the
document)
b) Could you explain why the interest rate is quoted as 17% on the final
page of the agreement you sent us, but as 15% __________. (listed or
mentioned earlier in a document)
c) He was present when the exchange took place, and has been summoned
as witness __________. (of this event / fact)
d) For more information, see the documents listed __________. (below this
heading or phrase)
e) All parties are expected to comply with the conditions stated
__________, unless a formal application is made to do otherwise. (in this
document)
f) Final delivery of the merchandise is to be made no later than the dates
listed __________. (relating or belonging to this document)
g) The copyright for this book will __________ be in the name of the
author, Archibald Thrupp. (from this time on)
h) According to the schedule of payments attached __________, invoices
must be submitted at the end of each month. (to this document)
i) You are advised to refer to the previous contract, and the terms and
conditions cited __________. (in that document)
j) The accused is to report to his probationer twice a week for the first
month, and __________ once a week for the next five months. (after
that)
k) The parties __________ acting as trustees are to be consulted regularly.
(previously, earlier or before now)
l) Thank you for the prompt despatch of our goods. Please find a cheque
enclosed __________. (together with this letter or document)
m) This agreement is made on 1 April 2007 between Blueberry Press
(__________ called the PUBLISHER), and Michael Halmsworth
(__________ called the AUTHOR). (stated later in this document: the
same word should be used to complete both gaps)
n) Mr. Harrison has failed to comply with the terms set out in his contract,
and we __________ revoke the contract. (as a result or in this way)
o) The __________ company was awarded the contract under certain
conditions. (mentioned earlier)

62
16. Read the text The American Court System. A.THE US CONSTITUTION and
test your understanding by saying whether the following statements are true or false:

a. Only one court the Supreme court may administer justice.
b. A case concerning the Us Navy comes within the judicial power of US Courts.
c. Anyone except ambassadors, government ministers and consuls may appeal
to the Supreme court.
d. All crimes must be tried by a jury.
e. A person may be convicted of treason only if two witnesses prepared to give
evidence can be found.
f. The original American Constitution makes the necessary provisions to ensure
freedom of speech.
g. No person shall be tried twice for the same crime.

17. Complete the text below contrasting civil law, common law and criminal law
using the words in the box.

based on; non-criminal; bound by; codified; custom; disputes; precedents;
provisions; rulings;
legislation.

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

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

bill; directive; ordinance; regulations; statutes.

a. The Town Council will conduct a public hearing regarding a
proposed.................... concerning property tax.
b. According to the...................... concerning working time,
overtime work is work which is officially ordered in excess of 40
hours in a working week or in excess of eight hours a day.
c. Early this year, the government introduced a new................ on
electronic commerce to Parliament.
d. A number of changes have been made to the federal ...................
governing the seizing of computers and the gathering of
electronic evidence.
63
e. The European Union........................ on Data Protection
established legal principles aimed at protecting personal data
privacy and the free flow of data.

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

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

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

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

1. to draft a document; 2. to issue a document; 3. to file a document with
an authority; 4. to serve a document on someone (or to serve someone with
a document); 5. to submit a document to an authority.

a. to deliver a legal document to someone, demanding that they go to a
court of law or that they obey an order.
b. to produce a piece of writing or a plan that you intend to change later.
c. to deliver a document formally for a decision to be made by others.
d. to officially record something, especially in a court of law.
e. to produce something official.

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

The claim for breach of contract fails inter alia to state facts sufficient to
constitute a cause of action, is uncertain as to what contract plaintiffs are suing on,
and is uncertain in that it cannot be determined whether the contract sued on is
written, oral or implied by conduct. The complaint alleges breach of contract as
follows: At all times herein mentioned, plaintiffs were a part [sic] to the Construction
Contract, as well as intended beneficiaries to each subcontract for the construction of
the house. In light of the facts set out above, defendants, and each of them, have
breached the Construction Contract: On its face, the claim alleges only that
64
defendants breached the Construction Contract. But LongCo is not a party to the
Construction Contract. Therefore LongCo cannot be liable for its breach.

22. Match each Latin word or expression (1-8) with its English equivalent and the
explanation of its use (a-h).

1. ad hoc; 2. et alii (et al.); 3. et cetera (etc.); 4 .exempli gratia (e.g.); 5. id
est (i.e.); 6. per se; 7. sic; 8. versus (vs. or v.).

a. thus (used after a word to indicate the original. usually incorrect spelling
or grammar in a text).
b. for example (used before one or more examples are given).
c. for this purpose (often used as an adjective before a noun).
d. against (versus is abbreviated to v: in case citations, but to vs. in all
other instances).
e. and others (usually used to shorten a list of people. often a list of
authors, appellants or defendants).
f. and other things of the same kind (used to shorten a list of similar items).
g. by itself (often used after a noun to indicate the thing itself).
h. that is (used to signal an explanation or paraphrase of a word preceding
it).

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

1. de facto; 2. ipso facto; 3. inter alia; 4. per annum; 5. pro forma; 6. pro
rata; 7. quorum; 8. sui juris; 9. ultra vires; 10. videlicet (viz.)

a. among other things;
b. per year;
c. number of shareholders or directors who have to be present at a board
meeting so that it can be validly conducted;
d. in fact;
e. of ones own right able to exercise one's own legal rights;
f. proportionally;
g. by that very fact itself;
h. as a matter of form;
i. as follows;
j. beyond the legal powers of a person or a body.

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

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

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

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

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

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

1. violate; 2. call; 3. overturn; 4. gain; 5. conduct.

a. affairs; b. representation; c. a meeting; d. a decision; e. a law.

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

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

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

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

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

29. Read the following pairs of sentences and decide which one is correct:

1. a. Ron considered asking a senior partner for advice.
b. Ron considered to ask a senior partner for advice.
2. a. The client decided settling the contract dispute in court.
b. The client decided to settle the contact dispute in court.
3. a. Case preparation involves interviewing witnesses.
b. Case preparation involves to interview witnesses.
4. a. By withholding consent, Jones risks being sued by Keats.
b. By withholding consent, Jones risks to be sued by Keats.
5. a. Sam suggests emphasising the idea that Jones withheld consent
deliberately.
b. Sam suggests to emphasise the idea that Jones withheld consent
deliberately.
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6. a. The prospective buyer refused waiting any longer.
b. The prospective buyer refused to wait any longer.
7. a. The client mentioned having had an argument with his landlord.
b. The client mentioned to have had an argument with his landlord.
8. a The defendant delayed responding to the plaintiffs request.
b. The defendant delayed to respond to the plaintiffs request.

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

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

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

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

1. arbitrary considerations; 2. credibility of witnesses; 3. predicated on a
dispute; 4. defendant asserts; 5. attempt is unavailing

a. unsuccessful; b. state something is true; c. not based on reason, random;
d. can be believed; e. based on.

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

1. to outlaw something; 2. to bring a claim against someone; 3.
entitlement; 4. claimant.

a. a person asserting a legal right which has been violated; b. a right to
benefits specified by law or contract; c. to make something illegal; d. to
assert a legal right alleged to have been violated

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

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

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

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APPENDIX III

3. International Law Glossary

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

1. damage(s) = Money claimed by someone as compensation for harm done = 1.
avarie; daun; deteriorare; degradare; pagube; prejudiciu; piedere; 2. daune interese;
despgubire
2. commit (to ) = To send someone to prison or to a court = 1. a ncarcera; a
trimite pe cineva n nchisoare; 2. a ncredina; a da n sarcina cuiva; a depune n faa
unei comisii
3. judicial = An adjective referring to a judge or to the law = juridic; judicial;
judectoresc
4. innocent = Not guilty of a crime = nevinovat
5. offence = Any act which is not legal = 1. insult; jignire; ofens; 2. act ilegal;
contravenie; culp; delincven; delict penal (Marea Britanie); infraciune; 3.
agresiune; atac; crim; 4. act ilegal; crim; delict (SUA); infraciune (SUA)
6. lawyer = A person who has studied law and can act for people on legal
business = avocat; jurist; jurisconsult
7. dispute = A disagreement or argument between parties = conflict; contestaie;
controvers; disput; divergen; litigiu
8. tribunal = A specialist court outside the judicial system which examines
special problems = tribunal; curte de justiie
9. case = A set of arguments or facts put forward by one side in a legal
proceeding = afacere; argumente; caz; cauz; instan; proces; spe
10. judge = An official who presides over a court = judector; magistrat;
judector la curtea regal (Martea Britanie)
11. plead = To make an allegation in legal proceedings = a invoca drept scuz; a
pleda; a se justifica; a susine o cauz
12. defendant = Someone who is accused of a crime in a criminal case = acuzat;
intimat; inculpat; prt; persoan acuzat
13. claimant = A person who makes a claim against someone in a civil court =
reclamant; solicitant
14. settlement = An agreement reached after an argument = 1. fixare; hotrre;
reglare; reglementare; rezolvare; soluionare; 2. acord; aranjament; convenie;
nelegere; tranzacie; 3. lichidare; achitare; 4. domiciliu legal
15. arrest = To hold someone legally so as to charge them with a crime = arest;
arestare; detenie; sechestrare; suspendare (a unei hotrri judectoreti)
16. hearing = A case which is being heard by a committee, tribunal or court of
law = audiere; dezbaere judiciar; examinare; nfiare
17. convict = To find that someone is guilty of a crime = 1. condamnat; deinut;
ocna; 2. dovad care incrimineaz
18. breach = Failure to carry out the terms of an agreement = infraciune;
nclcare a unui acord; violare a unui acord; nclcare a condiiilor contractului;
nclcare a unei convenii; violare a unei convenii
19. prosecute = To bring someone to court to answer a criminal charge = a
conduce o afacere/ anchet; a da n judecat; a institui/ a intenta un proces; a deschide
o aciune public; a pune sub urmrire judiciar; a urmri n justiie/ pe cale
judectoreasc.
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20. appeal = To ask a high law court to change its decision or sentence = apel;
atacarea unei sentine judiciare; recurs
21. accuse = To say that someone has committed a crime = a acuza, a inculpa, a
invinovi, a incrimina
22. binding = Having the legal ability to force someone to do something =
oblogatoriu, care leag, irevocabil
23. civil = An adjective referring to the rights and duties of private persons or
organisations = civil
24. defence = The arguments used when fighting a case = aprare; mijloc de
aprare; argumntele folosite n favoarea unui acuzat ntr-un proces
25. contract = A legal agreement between two or more parties = contract
26. criminal = An adjective referring to crime = 1. asasin; delincvent; criminal;
uciga; fptuitor al unei crime; persoan care comite infraciunea de crim; 2. penal;
criminal
27. jury = A group of 12 citizens who decide whether or not someone is guilty
in a trial = curtea cu juri; jurai; juriu
28. evidence = A written or spoken statement of facts which helps to prove or
disprove something at a trial = dovad; depoziie; eviden; mrturie; prob
29. fine = To order someone to pay money as a punishment = 1. amend; 2.
avans; acont; arvun; 3. prim pltit pentru nnoirea unei locaiuni
30. injunction = A court order telling someone to stop doing something, or not
to do = injunciune; ordin judectoresc de amnare; hotrre juridic de amnare

International law glossary:

31. admit someone to the Bar (US) = to grant a person permission (from a Bar
association) to practise law (UK call someone to the Bar) = admitere, acceptare n
barou
32. advocate = person who pleads in court = avocat; aprtor; avocat pledant
33. affidavit = written statement which might be used as proof in court that
somebody makes after they have sworn officially to tell the truth = afidavit; declaraie
scris cudepunere de jurmnt util ca dovad n justiie
34. appellant = person who appeals a decision to a higher court (US); see
petitioner = apelant; reclamant; reclamant n apel; recursant
35. appellate court (also court of appeal, appeals court) = court which reviews
judgments held by lower courts = curtea de apel
36. arbitration = form of dispute resolution (an alternative to litigation through
the court system) in which disputes are heard and decided by an impartial arbitrator or
arbitrators, chosen by the parties to the dispute shares) = arbitraj; judecat
37. bailiff (UK) = an officer of the sheriff who makes arrests and serves writs:
(US) a court officer who keeps order during court proceedings = aprod; portrel;
intendent; administrator; uier
38. the Bar (US) = legal profession; (UK) the profession of barristers = 1.
instan; 2. avocai; juriti; profesia de jurist; 3. avocatur, barou; 4. impediment
juridic; 5. bara n faa judectorului unde pledeaz avocaii
39. bar and bench = organization of lawyers which may regulate the profession
= avocatur i magistratur
40. bar examination = (US) written examination taken by prospective lawyers in
order to qualify to practise law = interogare la bar
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41. Bar Vocational Course = (UK) required course to be taken.
42. by law = graduates wishing to practise law as a barrister. This is followed by
a period of pupillage = avocat stagiar
43. barrister (UK) = lawyer admitted to plead at the bar and in superior courts; a
member of one of the Inns of Court barristers chambers offices of barristers or a
group of barristers = avocat pledant la curtea superioar; membru al baroului; avocant
pledant (Marea Britanie)
44. benefit of the bargain = damages; see expectation damages = beneficiul
contractual
45. bill = formal proposal for legislation = 1. act; 2. proiect de lege; 3.
reclamaie; 4. bancnot, cambie; not de plat; poli
46. breach of contract = failure to perform a contractual obligation or
interference with another partys performance which incurs a right for the other party
to claim damages = nclcare a unui contract; nerespectare a unor termeni
contractuali; nendeplinire/ violare a contractului
47. brief document = or set of documents containing the details of a court case =
concluzii juridice; dosar al unui proces; expunere a dovezilor aprrii; rezumat
48. by-law = (UK) municipal law (US ordinance) = decizie a autoritii locale
49. call to the Bar = (UK) granting of permission to practise law as a barrister
(US admission to the Bar) = a admite n barou; a admite stagiari
50. case law (also common law; judge-made law) = body of law formed through
judicial/court decisions, as opposed to law formed through statutes or written
legislation = autoritatea lucrului judecat; jurispruden; precedente
51. civil law = 1) legal system developed from Roman codified law, established
by a state for its regulation; 2) area of the law concerned with non criminal matters,
rights and remedies = cod civil; drept civil
52. claimant = (UK) person who brings a civil action; (US) plaintiff =
reclamant; solicitant
53. clerk = (UK) court employee who takes records, files papers and issues
processes; (US) also a law student who assists a lawyer or a judge with legal work
such as research or writing = grefier; funcionar; secretar; vnztor n magazin (SUA)
54. common law (also case law; judge-made law) = body of law formed through
judicial/court decisions, as opposed to law formed through statutes or written
legislation = drept cutumiar; drept jurisprudenial
55. complaint = first pleading filed on behalf of a plaintiff which initiates a
lawsuit, setting forth the facts on which the claim is based (civil law).
56. confer = to grant, to bestow = cerere de deschidere a unui proces; plngere;
reclamaie
57. conflict of interest = clash between a persons personal interests and their
public or fiduciary responsibilities consensual agreed to by all parties = conflict de
interese
58. court of first instance = see lower court = judectorie (SUA); instana de
fond; prima instan de judecat; instana de jurisdicie la care s-a introdus aciunea
59. criminal law (also penal law) = area of law that deals with crime,
punishment or penalties = drept penal; cod penal (Marea Britanie, crown law)
60. crown court = (UK) higher court of first instance for criminal cases in
England and Wales. Together with the High Court of Justice and the Court of Appeal,
it forms the Supreme Court of Judicature; Appeals from the Crown Court go to the
criminal division of the Court of Appeal and then to the House of Lords.
61. damage loss = or harm as a result of injury =
71
62. default = failure to perform a duty, whether legal or contractual; failure to
pay a sum that is due = 1. absen; contumacie; lips; neprezentare; 2. incapacitate de
a plti o datorie; insolvabilitate; nendeplinire a unei obligaii; neplat; neachitarea
unei datorii
63. defendant = (also respondent) person against whom an action is brought in
court. Defendant is generally used when referring to the answering party to a civil
complaint; respondent is generally used when referring to the answering party to a
petition for a court order = acuzat; intimat; inculpat; prt; persoan acuzat
64. delegate = to give (duties) to another, to entrust another (with duties) = a
delega
65. delegate = (UK) third party in a delegation to whom the duties have been
transferred (US detegatee).
66. delegation of duties = transfer of responsibilities to be performed under a
contract to another = delegaie; subrogaie
67. delegator = person who transfers his duties to another = delegator
68. delivery = formal act of transferring something or passing possession on to
someone else = 1. distribuire; livrare; predare; 2. cesiune; punere n stpnire; transfer
69. directive = order from a central authority, for example, the European
Community. A European Community Directive is binding as to the result, but each
Member State may choose how to implement it = directiv
68. disability = condition of being unable to do something due to a physical or
mental impairment = incapacitate; dizabilitate
69. disbar = (US) to declare a person unable to practise law. In the UK the
barrister is expelled from his or her Inn of Court and is no longer allowed to represent
in court = a exclude; a radia din baroul avocailor
70. discharge = to release a person from an obligation = 1. a se achita de o
obligaie; a disculpa; a dezvinovi; 2. a se elibera; a concedia; a pune n libertate; a
da drumul n nchisoare; 3. a achita; a plti; 4. a descrca
71. disclaimer = repudiation or denial of a legal right or claim = renunare
explicit; refuz
72. draft = to produce a piece of writing or a plan that you intend to change later
= 1. ciorn; proiect; schi; 2. plat prin cambie sau bilet de ordin
73. duress = unlawful threat or coercion used to force someone to enter into a
contract = ameninare; coerciie; constrngere; deteniune; declaraie obinut sub
constrngere; privare de libertate; violen
74. duty solicitor = avocat numit din oficiu
75. duty of care = obligation of a person to act with = obligaia de precauie; de
circumspecie; obligaia de diligen
76. employment tribunal = judicial body that resolves disputes = tribunalul
conflictelor de munc
77. endorsement = (UK) writing, including signature, on the back of a document
which allows for the transfer of the instrument (US indorsement) = aprobare;
adeziune; andorsare; act modificator al unui contract anterior; gir
78. enforceable = capable of being made effective. In the case of an agreement,
it is one in which one party can legally compel the performance of the other party =
executoriu
79. enforceable right = interest the law gives effect or force = drept executoriu
80. essential term = provision required for a contract to exist = element esenial
al unui contract
81. et alii = (et al.) (Latin) and others.
72
82. et cetera = (etc.) (Latin) and other things of the same kind.
83.exempli gratia = (e.g.) (Latin) for example.
84. exemplary damages = see punitive damages = daune interese pentru
prejudicii morale
85. expectation damages = (also benefit of the bargain damages); compensation
for the loss of benefits that a person would have received had the contract been
performed = daune inerente
86. expert witness = person who the court considers to possess specialised
knowledge or skill and who is allowed to offer an opinion as testimony in court =
martor specialist
87. fee = simple whole interest in a piece of real property; the broadest interest
in property allowed by common law = 1. cotizaie; onorariu; remuneraie; tax; 2.
poperietate motenit
88. fiduciary = obligation to act solely in the best interests of another = curator;
depozitar; executor; testamentar; fiduciar; motenitor fiduciar
89. file with = to officially record (e.g. in a court of law) = a nregistra un act; a
pune n dosar
90. model = document or agreement with blank spaces to be filled in
91. formation = act of bringing a contract into existence = ntemeiere; fondare
92. fraud = deliberate misrepresentation or concealment of a material fact to
gain an advantage = fraud
93. fraud = the inducement of the act of misrepresenting or misleading someone
so as to entice them to enter into a contract or agreement = a frauda
94. good faith = state of mind whereby a person has an honest conviction = bun
credin
95. high court = (UK) court which hears serious civil cases and appeals from
county courts; (US supreme court) = curtea suprem de justiie
96. id est = (i.e.) (Latin) that is.
97. infringement = unauthorized use of material protected by copyright, patent
or trademark law = abuz; infraciune; nclcare; violare; violare/ nclcare a legii
98. inheritance = property which can be transferred after death to a heir =
motenire
99. injunction = official order from a court for a person to stop doing something
= injunciune, ordin judectoresc de amnare; hotrre juridic de amnare.
100. injured party = a party that has suffered a violation of its legal rights =
partea vtmat
101. Inn of Court = one of the four institutions that barristers in the UK must
join in order to practise law as barristers
102. instrument = written formal legal document = act juridic; contract;
document oficial
103. intent = mental desire / willingness to act in a certain way = intenie; scop;
nelesul unei formulri ntr-o lege/ document.
104. inter alia = (Latin) among other things.
105. ipso facto = (Latin) by the very fact itself.
106. issue = to produce or provide something official = 1. chestiune problem;
2. a emite; a elabora; a promulga; a soluiona
107. judge = public official who hears and decides cases in court = judector
108. judge-made law = (also case law. common law) body of law formed
through judicial/court decisions, as opposed to law formed through statutes or written
legislation = jurispruden
73
109. judgment lien = lien imposed on a person against whom a judgment has
been entered but remains unsatisfied = drept de sechestru
110. juris doctor (JD) = (US) law degree (UK LLB).
111. juvenile court = court that hears cases involving children under a certain
age = tribunalul minorilor; instana care judec procesele unde sunt implicai minori
112. law school (US) = graduate school offering courses in law leading to a law
degree = facultatea de drept; studii n drept
113. legal entity = individual or organization that can enter into contracts, is
responsible for its actions and can be sued for damages = persoan juridic
114. legal opinion = document outlining a lawyers understanding of the law
regarding a particular situation = consult juridic
115. legal person = artificial entity created by law and given legal rights and
duties; for example a corporation = persoan juridic
116. Legal Practice Course (LPC) = (UK) course that must be completed before
a person can be qualified as a solicitor. It is the first step to becoming a solicitor (the
second being working as a trainee solicitor, and the last being successful completion
of the Professional Skills Course).
117. licence = (UK) permission or authority to do something which would
otherwise be illegal. No interest is transferred in this case. (US license) = autorizaie;
permis; licen (Marea Britanie); act de cesiune; autorizaie; brevet; cesiune; patent;
permis; licen (SUA)
118. lien = interest or attachment in anothers property as security for payment
of an obligation = 1. amanet; garanie; gaj; privilegiu; zlog; 2. drept de sechestru;
drept de retenie; drept de gaj cu deposedare; drept de sechestru pe averea datornicului
119. lien creditor = creditor whose claim is secured by a lien = datornic sub
drept de gaj
120. life estate = state granted only for the life of the grantee = posesiune
viager; uzufruct imobiliar viager
121. life tenant = person who holds a life estate or an estate pur autre vie, or for
the benefit of another = uzufructuar ()
122. liquidated damages = (also stipulafed damages) compensatton that is
agreed to in the contract = despgubiri/ daune interese precizate n cazul neexecutrii
contractului
123. LLB (Legal Baccalaureus) = (UK) Bachelor of Laws, law degree (US JD,
juris doctor)
124. lower court (also court of first instance) court whose decisions may be
appealed to a higher court = judectorie (SUA); instana de fond; prima instan de
judecat; instana de jurisdicie la care s-a introdus aciunea
125. magistrates court = (UK) court that has very limited powers = curtea
magistrailor
126. maker = person who makes a promissory note = promitorul
127. market economy = economic system which permits the open exchange of
goods and services between producers and consumers. In a market economy prices
and production are largely determined by supply and demand. The contrasting model
to a market economy is central planning and a non market economy = economia de
pia
128. material breach = breach of contract which is so fundamental or significant
that the non breaching party is excused from its contractual obligations and may
recover damages = violare/nerespectare n fapt
74
129. memorandum of association = (UK) legal document that sets out the
important elements of the corporation, including its name, address, objects and
powers. It is one of the two fundamental documents upon which registration of a
company is based. (US articles of incorporation) = contract de asociere;
memorandum de asociere; statut al unei societi
130. merchant = person who is engaged in the buying and selling of goods for
profit = 1. comerciant; negustor; 2. comercial (merchant bank = banc comercial)
131. merchantability warranty = implied by law that something is fit for the
ordinary purposes for which it is used.
132. minutes = notes or records of business conducted at a meeting = dare de
seam; proces-verbal
133. monopoly = organization or group that has complete control of an area of
business so that others have no share = monopol
134. moot court = fictitious court where law students argue hypothetical cases
135. mortgage = transfer of legal title of a property, often land, to another as
secunty for payment of a debt = 1. amanet; garanie; gaj; ipotec; ipotecare; 2. act de
amanetare; act de ipotecare; 3. mprumut ipotecar; mprumut imobiliar
136. motion = application to a court to obtain an order, rulling, or decision =
moiune
137. nemo dat rule = principle that states that one cannot give away more than
one possesses. If one does not possess title to something, then one cannot transfer title
of that thing to another.
138. non-consensual = not agreed to or formed by agreement of all parties =
neconsensual
139. non-obvious = quality of an invention being unexpected or surprising or
sufficiently different from other existing things. It is often a requirement for obtaining
a patent = neclar
140. notice = document providing notification of a fact, claim, or proceeding =
aviz; avertisment; consult; notificare; sfat
141. novation = substitution of an obligation with a new one, thereby canceling
the old obligation = mod de stingere a obligaiei; novaiune
142. obligee = person to whom a right is owed = creditor
143. obligor = person who owes a right = debitor
144. offeree = party to whom an offer is made = propuntor de ofert
145. offeror = party that displays a willingness to enter into a contract of
specified terms = ofertant
146. ordinance = (US) municipal law (UK by-law) = decret; ordonan
147. paralegal = person who assists a lawyer with legal advice but is not a
lawyer = paralegal
148. Parol Evidence = the rule that evidence, apart from the actual contract itself
cannot modify, explain, vary or contradict the written terms of a contract = depoziia
martorului; depoziie verbal; mrturie n instan (parole = eliberare condiionat)
149. party = person or entity involved in an agreement = parte legal; persoan
legal
150. pass of judgment/ a sentence = to give a verdict = a pronuna o sentin.
151. patent = grant from the government giving exclusive rights to an inventor
to make, use or sell an invention for a specified period of time = sentin
152. payee = person who is being paid in a bill of exchange = beneficiarul unei
pli; creditorul unei cambii
75
153. pecuniary compensation = remedy that involves compensating through
money = despgubire pecuniar
154. penal law = (also criminal) area of law that deals with crime, punishment
or penalties = drept penal
155. per annum = (Latin) per year.
156. per se = (Latin) by itself.
157. personal property = (also chattels in common law) things that are moveable
(as opposed to real property) and capable of being owned = avere mobiliar; bunuri
mobiliare; bunuri mobile; proprietate personal
158. petitioner = (US) person who brings a petition to a court, especially on
appeal = petiionar; reclamant; solicitant
159. pleading = formal written statement setting forth the cause of action or the
defence in a case = dezbatere judiciar; pledoarie; procedur juridic; concluzii
160. pledge = property which is security for a debt or obligation = amanet;
asigurare; gaj; mrturie; obligaie; promisiune
161. pledgee = person who receives a pledge or the creditor in a secured
transaction = amenetar; creditor gajist; deintor al unui obiect gajat
162. pledgor = person who gives a pledge or the debtor in a secured transaction
= datornic cu gaj; debitor gajist; persoan care amaneteaz
163. priority right = right to enforce a claim before others = drept de preferin
164. pro forma = (Latin) as a matter of form.
165. pro rata = (Latin) proportionally.
166. promisee = person to whom a promise or an assurance that something will
or will not be done is made = beneficiar al unei promisiuni
167. promisor = person who makes a promise or an assurance that they will or
will not do something = promitor
168. promissory note = formal unconditional written note made and signed by a
person obligating him or her to pay a specified sum of money to another specified
person or to the bearer of the document = bilet la ordin
169. punitive damages = (also exemplary damages) compensation designed to
punish the breaching party for conduct found to be reprehensible, e.g. fraud =
despgubiri punitive
170. pupilage = (UK) one year of apprenticeship to become a barrister which
follows the completion of the Bar Vocational Course = stagiu de pregtire a unui
avocat
171. pur autre vie = estate granted only for the life of someone other than the
grantee.
172. real property = land including anything attached to it = bunuri imobiliare;
bunuri imobile; dreptul, titlul sau cota pe care o are o persoan n posesia unei
proprieti imobiliare; proprietate imobiliar; proprietate real
173. reasonably prudent person (also reasonable person) = fictitious person
used as a standard for legal reasoning in negligence cases
174. Registrar of Companies = (UK) officer in charge of keeping the list of
limited companies registered at the Companies House.
175. regulation = order controlling through rules or restrictions = dispoziii;
instruciuni; prescripii; reglementare; regulament; regul
176. rejection = refusal to accept an offer = respingere (to reject a claim = a
contesta o crean)
76
177. release = to discharge a person from an obligation = 1. anulare; eliberare;
eliberare condiionat; punere n libertate; scutire; 2. autorizaie; permis; 3. cesiune;
transfer
178. remedy = means of preventing, redressing or compensating a violation of a
right = compensaie; despgubire; recurs; remediu; reparaii juridice
179. respondent = see defendant = acuzat, inculpat; intimat; reclamant;
responsabil; vinovat
180. restitution damages = compensation which is equal to the amount of money
the breaching party received under the breached contract = daune de restituire
181. right = interest that is recognised and protected by law = drept; justiie;
privilegiu
182. right of fair use = (US) defence to a claim of copyright infringement
whereby permission from the artist is not required so long as usage of that artists work
is reasonable and limited (UK). The concept of fair dealing is the closest equivalent:
however, fair dealing is more restrictive than the US doctrine of fair use and in order
to be protected, the use has to fall in one of several categories).
183. security = property pledged in order to secure the fulfillment of a promise
or loan = 1. cauiune, garanie; gaj; 2. garant; girant
184. senior partner = person who has been a partner of a law firm for many
years (the exact number of years may differ in each firm): in some law firms, an
official title given to some partners = avocat care are dreptul de a pleda n consiliul
reginei
185. serve = a document on someone; to deliver a legal document to someone
(which usually demands they go to a court of law or obey an order) = a deservi; a
ispi o pedeaps; a notifica; a preda o citaie/ somaie
186. sex discrimination =different treatment, usually awarding privileges to
some and denying privileges to others based on gender = discriminare sexual
187. sic (Latin) = thus.
188. single European market = established under the Single European Act, came
into effect on 1 January 1993: the core of the process of European economic
integration involving the removal of obstacles to the free movement of goods,
services, people and capital between member states of the European Union = pia
unic
189. small-claims court = court that handles civil claims for limited amounts of
money = tribunal de plngeri minore
190. sole practitioner = lawyer who practises on his/her own = avocat liber
profesionist
191. solicitor = (UK) lawyer who is qualified to give legal advice and prepare
legal documents = 1. petiionar; petent; solicitant; 2. avocat consultatnt; consilier
juridic; jurist; consilier judectoresc (SUA)
192. sole practice = law practice with only one lawyer = practic liber
193. special damages = (also consequential damages) damages that are awarded
due to a particular wrong or particular circumstances =
194. statute = formal written law created by a legislative body such as a
parliament, as opposed to a law created through the courts = act legislativ; lege;
ordonan; regulament; statut
195. statutory forms = forms required by law = acte statutare
196. statutory lien = security interest created by legislation due to the economic
relationship between the debtor and the creditor = ipotec legal; statutory burglary =
furt calificat
77
197.submit = to deliver a document formally for a decision to be made by others
= a prezenta un document / o ofert; a supune ateniei
198. sui juris = (Latin) of ones own right: able to exercise one's own legal
rights.
199. tangible chattel/ property = property other than land that is capable of being
touched or felt = bunuri corporale; proprietate tangibil
200. tort = wrong committed between private individuals for which the law
provides a remedy = delict; ofens; pagub; prejudiciu
201. trade mark = (UK) word, phrase or symbol used by a manufacturer, seller
or dealer to distinguish their goods apart from the goods of others (US trademark) =
marc comercial
202. trade union = (UK) association of employees formed to further their mutual
interests with respect to their employment, for example working hours, wages,
conditions, etc. (US labor union) = sindicat
203. trainee solicitor = (UK) position of one who is completing the practical
apprenticeship required for a person to qualify as a solicitor. It is the second step to
becoming a solicitor (follows the completion of the legal Practice Course and is
followed by the Professional Skills Course) = avocat stagiar
204. tribunal = body with either judicial or quasi-judicial functions = tribunal
205. ultra vires = (Latin) unauthorised; beyond a person's legal powers.
206. usufruct = right to use another persons property for a period of time, to be
later restored to the owner with only ordinary wear and tear = uzufruct
207. versus = (vs, or v,) (Latin) against
208. vest = 1) to give full title to a property to a person; 2) to give a person an
immediate fixed right = a nvesti; a mputernici; a transfera un drept legal
209. videlicet = (viz.) (Latin) as follows.
210. writ = document informing someone that they will be involved in a legal
process and instructing them what they must do = citaie; document; nscris; mandat;
ordonan; somaie
211. written resolution = written expression of an intention or opinion decided at
a meeting = decizie scris
212. stipendiary = a full-time paid magistrate who has qualified as a lawyer.
213. lay magistrate = unpaid and is an established member of the local
community.
214. circuit = a geographical division for legal purposes; England and Wales are
divided into six.
215. recorder = a part-time judge with ten years standing as a barrister or
solicitor = arhivar (Marea Britanie); avocat numit de coroan n funcia de judector;
grefier; judector supleant (SUA); magistrat principal (Marea Britanie)

78

APPENDIX IV

4. Table of Tenses

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