Professional Documents
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Engleza Juridica 78 PDF
Engleza Juridica 78 PDF
Facultatea de Drept
1
Cursul English for Law se adresează studenţilor de anul I ai Facultăţii de Drept
din cadrul Universităţii „Petre Andrei” din Iaşi.
Evaluarea studenţilor însumează media aritmetică a temelor de control (50%)
şi nota la examen (50%)
Structura cursului urmăreşte:
C. Anexe (Appendices):
1. List of irregular verbs frequently used in juridical idioms;
2. Further Practice: exercises and applications;
3. International Law Glossary;
4. Table of Tenses.
BIBLIOGRAFIE:
• Michael Brookes, David Holden & Wesley Hutchinson, Engleza pentru jurişti,
traducere de Cristina Anghel, Bucureşti, Teora, 2007;
• Professional English in Use. Law, Cambridge, Cambridge University Press,
www.cambridge.org;
• Amy Krois-Lindner & TransLegal, International Legal English. A course for
classroom and self-study use, Cambridge, Cambridge University Press,
www.cambridge.org;
• Tom Hutchinson and Allan Waters, English for Specific Purposes. A learning-
centered approach, Cambridge, Cambridge University Press,
www.cambridge.org;
• Dan Dumitrescu, Dicţionar juridic. Englez- Român / Român – Englez,
Bucureşti, Akademos Art, 2009;
• Leon Leviţchi, Gramatica limbii engleze, Bucureşti, Teora, 2010;
• Lazlo Budai, Gramatica engleză. Teorie şi exerciţii, Bucureşti, Teora, 2008;
• Constantin Paidos, English Grammar. Theory and Practice, ed. a III-a, Iaşi,
Polirom, 2001.
• Rawdon Wyatt, Check your English Vocabulary for Law, Third Edition,
London, A.&C Black, 2006
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A. Prezentarea unor noţiuni de morfologie
Construcţii verbale
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CLASSIFICATION OF VERBS:
REGULAR vs IRREGULAR; FULL vs AUXILIARY; TRANSITIVE vs.
INTRANSITIVE
In order to conjugate the English verb, the student must keep in mind the three
principal forms which he/she can find in all dictionaries:
For the regular verbs the second and the third forms are made by adding “–ed” to the
first form (the infinitive).
EX:
-to sustain (a admite) → sustained (a admis)→ sustained (admis)
[to sustain an objection – a admite o obiecţie]
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[to apply for a loan – a solicita un împrumut; to apply for a retrial – a face a
apel; to a apply for a review of a case to a higher court – a face apel la o instanţă
mai înaltă]
-to study → studied → studied
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2. Regular and Irregular Verbs
Whereas regular verbs abide a law of formation (“-ed” ending), irregular verbs do not
observe the same rule. Although they also have three forms, irregular verbs depart
from the usual pattern of inflection.
Full verbs (or ordinary/ content verbs) are those which have a meaning of their own
and can form predicates by themselves:
EX: to commit an offense/ a breach of the law/ a debauch [He committed an offense
against the State]
to prosecute for criminal offense [He was prosecuted by the Prosecution
Department from The Court of Law Iaşi]
Auxiliary verbs have no independent meanings, but help to build the compound forms
of the English verb (for tenses and moods). They can be divided, at their turn, in
“tense-formers” and “mood-formers”.
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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.
EX: -can:
First form: I/you/he/she/(it)/we/you/they can hear an action brought
against a defendant accused of murder.
Second form: I/you/he/she/(it)/we/you/they could bring an action to
court for compensation.
-may
First Form: I/you/he/she/(it)/we/you/they may be released on parole/ on
bail.
Second Form: I/you/he/she/(it)/we/you/they might plead not guilty.
-must
First Form: I/you/he/she/(it)/we/you/they must follow the previous
decisions of the courts.
-ought (to)
First Form: I/you/he/she/(it)/we/you/they ought to extinct the sanction.
-have (to)
First Form: I/you/he/she/(it)/we/you/they have to qualify to plead on
behalf of clients
Second Form: I/you/he/she/(it)/we/you/they had to deal with wage
disputes.
-need (to)
First Form: I/you/he/she/(it)/we/you/they need(s) to proscribe the death
penalty.
Second Form: I/you/he/she/(it)/we/you/they needed to prescribe the
restrictive clauses of the contract.
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4. Transitive and Intransitive Verbs:
Transitive verbs are those verbs which transfer the effect of an action upon an object/
person:
EX: The judge reversed the decision.
The plaintiff (the claimant) suits the defendant.
Intransitive verbs are those verbs which do not transfer the effect of an action upon an
object/ person (usually they are phrasal verbs that change the basic meaning):
EX: The prosecutor sits in judgment on the defendant’s patent facts.
The matter fell outside’s court jurisdiction.
The defendant’s lawyer brings the procedure to end.
By default, the accused was cast to paying damages to the claimant.
The judge gave up to bribery.
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THE CONJUGATION OF THE ENGLISH VERB:
PERSONAL vs. IMPERSONAL MOODS; SIMPLE vs. COMPOUND TENSES;
COMMON vs. CONTINOUS ASPECT
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 personal moods of the English verb are determined by Person (Persoană),
Number (Număr), Tense (Timp), Voice (Diateză), Aspect (Aspect).
As a rule for the regular verbs the person and number forms are identical, excepting
the third person singular (he/ she/ it) that acquire a final “-s”:
EX: to require (a quorum)
I require
You require
He/she/ it require (s)
We require
You require
They require
Moods show the attitude of the speaker towards the content of the utterance.
The indicative mood (Indicativul) has 6 tenses, each of them with its common and
continuous aspect. Consequently the English verb has 12 distinctive forms for:
Present (Prezentul); Present Continuous (Prezentul continuu), Present Perfect
(Prezentul perfect); Present Perfect Continuous (Prezentul perfect continuu), Past
(Trecutul nedefinit); Past Continuous (Trecutul Continuu), Past Perfect (Mai mult ca
perfectul); Past Perfect Continuous (Mai mult ca perfectul continuu), Future (Viitorul
apropiat); Future Continuous (Viitorul continuu); Future Perfect (Viitorul anterior);
Future Perfect Continuous (Viitorul anterior continuut).
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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.
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2. Simple and Compound Tenses
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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 held in custody the I did not hold in custody Did I hold in custody the
drunken driver (L-am ţinut the drunken driver (Nu l-a drunken driver? (L-am
în custodie pe şoferul ţinut în custodie pe şoferul ţinut în custodie pe şoferul
beat). beat). beat?)
You held in custody the You did not hold in Did you hold in custody
drunken driver. custody the drunken the drunken driver?
He/ She/ It held in custody driver. Did he/she/it hold in
the drunken driver. He/She/It did not hold in custody the drunken
We held in custody the custody the drunken driver?
drunken driver. driver. Did we hold in custody
You held in custody the We did not hold in the drunken driver?
drunken driver. custody the drunken Did you hold in custody
They held in custody the driver. the drunken driver?
drunken driver. You did not hold in Did they hold in custody
custody the drunken the drunken driver?
driver.
They did not hold in
custody the drunken
driver.
There are 10 compound tenses of the English Verb and they form as follows:
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1. The Present Continuous (prezentul continuu) expresses a
durative action/state which happens in the moment of speech. It
forms with the auxiliary verb “to be” (First Form) + the “-ing” Form
of the verb.
EX:
Affirmative Negative Interrogative
EX:
Affirmative Negative Interrogative
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Affirmative Negative Interrogative
I have filed a claim to the I have not filed a claim to Have I filed a claim to the
Police. (Tocmai am depus the Police. (Nu am depus o Police? (Am depus o
o plângere la poliţie) plângere la poliţie plângere la poliţie
You have filed a claim to adineaori) adineaori?)
the Police. You have not filed a Have you filed a claim to
He/She/It has filed a claim to the Police. the Police?
claim to the Police. He/She/It has not filed a Has he/she/It filed a
We have filed a claim to claim to the Police. claim to the Police?
the Police. We have not filed a claim Have we filed a claim to
You have filed a claim to to the Police. the Police?
the Police. You have not filed a Have you filed a claim to
They have filed a claim to claim to the Police. the Police?
the Police. They have not filed a Have they filed a claim to
claim to the Police. the Police?
EX:
Affirmative Negative Interrogative
I have been getting I have not been getting Have I been getting
through a bar examination through a bar examination through a bar examination
since 5 o’clock. (Sunt since 5 o’clock. (Nu sunt since 5 o’clock? (Sunt
supus unei interogări la supus unei interogari la supus unei interogări la
bară începând cu ora 5). bară începând cu ora 5). bară începând cu ora 5?).
You have been getting You have not been Have you been getting
through a bar examination getting through a bar through a bar examination
since 5 o’clock. examination since 5 since 5 o’clock?
He/she/it has been getting o’clock. Has he/she/it been getting
through a bar examination He/she/it has not been through a bar examination
since 5 o’clock. getting through a bar since 5 o’clock?
We have been getting examination since 5 Have we been getting
through a bar examination o’clock. through a bar examination
since 5 o’clock. We have not been getting since 5 o’clock?
You have been getting through a bar examination Have you been getting
through a bar examination since 5 o’clock. through a bar examination
since 5 o’clock. You have not been since 5 o’clock?
They have been getting getting through a bar Have they been getting
through a bar examination examination since 5 through a bar examination
since 5 o’clock. o’clock. since 5 o’clock?
They have not been
getting through a bar
examination since 5
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o’clock.
4. The Past Continuous expresses a durative action/state in the past.
It forms with the auxiliary verb “to be” (Second Form) + “-ing”
Form of the verb
EX:
Affirmative Negative Interrogative
EX:
Affirmative Negative Interrogative
I had discharged the I had not discharged the Had I discharged the
defendant from all defendant from all defendant from all
liability. (Am desărcinat liability. (Nu am liability? (Am desărcinat
inculpatul de orice desărcinat inculpatul de inculpatul de orice
răspundere). orice răspundere). răspundere?).
You had discharged the You had not discharged Had you discharged the
defendant from all the defendant from all defendant from all
liability. liability. liability?
He/She/It had discharged He/She/It had not Had he/She/It discharged
the defendant from all discharged the defendant the defendant from all
liability. from all liability. liability?
We had discharged the We had not discharged Had we discharged the
defendant from all the defendant from all defendant from all
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liability. liability. liability?
You had discharged the You had not discharged Had you discharged the
defendant from all the defendant from all defendant from all
liability. liability. liability?
They had discharged the They had not discharged Had they discharged the
defendant from all the defendant from all defendant from all
liability. liability. liability?
I had been writing a I had not been writing a Had I been writing a
minute. (Scriam un proces minute. (Nu scriam un minute? (Scriam un proces
verbal) proces verbal) verbal?)
You had been writing a You had not been writing Had you been writing a
minute. a minute. minute?
He/she/it had been He/she/it had not been Had he/she/it been
writing a minute. writing a minute. writing a minute?
We had been writing a We had not been writing Had we been writing a
minute. a minute. minute?
You had been writing a You had not been writing Had you been writing a
minute. a minute. minute?
They had been writing a They had not been Had they been writing a
minute. writing a minute. minute?
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7. The Future Tense expresses actions/states which will start after
the moment of speech. It forms with the auxiliaries “shall/ will”+ the
First Form of the verb.
EX:
Affirmative Negative Interrogative
I shall/ will comply with I shall/ will not comply Shall/ will I comply with
the enforceable judgment with the enforceable the enforceable judgment
of the Court. (Voi respecta judgment of the Court. (Nu of the Court? (Voi respecta
hotărârea executorie a voi respecta hotărârea hotărârea executorie a
curţii). executorie a curţii). curţii?).
You will comply with the You will not comply with Will you comply with the
enforceable judgment of the enforceable judgment enforceable judgment of
the Court. of the Court. the Court?
He/she/it will comply with He/she/it will not comply Will he/she/it comply with
the enforceable judgment with the enforceable the enforceable judgment
of the Court. judgment of the Court. of the Court?
We shall/will comply with We will/shall not comply Shall/ Will we comply
the enforceable judgment with the enforceable with the enforceable
of the Court. judgment of the Court. judgment of the Court?
You will comply with the You will not comply with Will you comply with the
enforceable judgment of the enforceable judgment enforceable judgment of
the Court. of the Court. the Court?
They will comply with the They will not comply with Will they comply with the
enforceable judgment of the enforceable judgment enforceable judgment of
the Court. of the Court. the Court?
Note that:
In legal documents, the verb shall is used to indicate obligation, to express a
promise or to make a declaration to which the parties involved are legally bound. This
use differs from that in everyday speech, where it is most often used to make offers
(Shall I open the window?) or to refer to the future (I shall miss you), although this
latter use is less frequent in modern English. In legal texts, shall usually expresses the
meaning of “must” (obligation): Every notice of the meeting of the shareholders shall
state the place, date and hour, or “will” (in the sense of a promise): The board of
directors shall have the power to enact bylaws. Shall can also be used in legal texts to
refer to a future action or state: ... until two years shall have expired since such action
by vote of such shareholders.
In everyday speech, this future meaning is commonly expressed using only the
present perfect (... until two years have expired ...).
Another verb commonly found in legal documents is may, which generally
expresses permission, in the sense of “can” (this use is less common in everyday
English): ... any bylaw or amendment thereto as adopted by the Board of Directors
may be altered, amended or repealed by a vote of the shareholders.
In everyday English, may is sometimes used as a substitute for might, indicating
probability (He may want to see the document).
8. The Future Continuous expresses durative future actions/states.
It forms with the auxiliary “shall/will” + “to be” (Infinitive invariable
form - BE) + “-ing” Form of the verb.
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EX:
Affirmative Negative Interrogative
EX:
Affirmative Negative Interrogative
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cancelled the contract. We shall/will not have cancelled the contract?
You will have cancelled cancelled the contract. Will you have cancelled
the contract. You will not have the contract?
They will have cancelled cancelled the contract. Will they have cancelled
the contract. They will not have the contract?
cancelled the contract.
EX:
Affirmative Negative Interrogative
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on the process through carrying on the process through the court for two
the court for two months. through the court for two months by the first of
By the first of January months. January?
he/she/it will have been By the first of January Will he/she/it have been
carrying on the process he/she/it will not have carrying on the process
through the court for two been carrying on the through the court for two
months. process through the court months by the first of
By the first of January we for two months. January?
shall/will have been By the first of January we Shall/will we have been
carrying on the process shall/will not have been carrying on the process
through the court for two carrying on the process through the court for two
months. through the court for two months by the first of
By the first of January you months. January?
will have been carrying By the first of January you Will you have been
on the process through will not have been carrying on the process
the court for two months. carrying on the process through the court for two
By the first of January they through the court for two months by the first of
will have been carrying months. January?
on the process through By the first of January they Will they have been
the court for two months. will not have been carrying on the process
carrying on the process through the court for two
through the court for two months by the first of
months. January?
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3. Common and continuous aspect
The aspect of the verb is related to the „temporal character” of the action/state
described by the verb.
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)
EXCEPTIONS:
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I am gathering that the defendant is about to produce proofs to his not guilty
plea.
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B. Aprofundarea unor noţiuni de vocabular specifice domeniului juridic
(Law Terminology)
1. English in Courts of Justice: The British Court System; The American Court
System; (The Romanian Court System)
“There are two types of magistrates in England and Wales: lay magistrates,
also known as lay justices, who have the title of “justice of peace”, and stipendiary
magistrates. The former is a body of men and women which has been in existence
since the fourteenth century, and is called on to pass a judgment on their fellow
citizens, without any real legal training. The latter is a body of Lawyers, called upon
to do substantially the same job, which dates from the eighteenth century. They both
exercise their powers in a less formal court than other courts, known as Magistrates’
Courts, and deal with more cases than any other court of law in the English Legal
System.
The main job of the magistrates is to deal with civil and criminal cases too
trivial to be dealt with by the Crown and the County Courts.
In terms of their criminal jurisdiction the Magistrates’ Courts deal with
something over 95% of all cases. The English legal system divides criminal offences
into three basic categories:
1. Summary offences is the category of minor crimes such as parking
offences, minor assaults, begging, as less minor crimes such as drinking
and driving which are tried without a jury.
2. Indictable offences are those more serious offences for which the
police are given the power to arrest and which will be tried by a jury;
murder, manslaughter, serious fraud all come within this category.
3. Either way offences are names as such because of the fact they are not
uniformly major or minor and may or may not be tried by a jury at the
request of the defendant. The best example of these offences is theft
which may involve either very small or very large amounts of money.
The magistrates’ criminal jurisdiction is principally limited to “summary” and
“either way” offences (where the defendant elects not to have a jury trial). However,
magistrates have an important role to play in serious criminal proceedings. Where a
person is charged with an indictable offence, magistrates sit as examining justices to
decide whether the prosecution’s case is strong enough to warrant committing the
accused for trial in the Crown Court. This procedure is also known as “committal
proceedings”. They also issue arrest and search warrants to the police.
Justices of peace are chosen by the Lord Chancellor on the advice furnished by
Advisory Boards. These organizations are concerned with recruiting magistrates from
amongst the “worthy” members of the community. They are not paid a salary but
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receive expenses incurred in the performance of their judicial duties. Although they
are lay persons, they have some legal knowledge as they receive two short courses of
instruction, during which they are initiated into the basic aspects of law, including
evidence, sentencing and procedure. They are assisted by “clerks of justices”,
normally solicitors or barristers of at least seven years’ standing.
Stipendiary magistrates are to be found in most of the large cities and towns of
England and Wales. Stipendiary magistrates are full-time members of the Court
chosen by the Queen on the advice of Lord Chancellor. They receive wages or stipend
and they are normally barristers or solicitors of at least seven years’ standing”.
(Michael Brookes, David Holden& Wesley Hutchinson, Engleza pentru jurişti,
traducere de Cristina Anghel, Bucureşti, Teora, 2007, p. 16-17).
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given to government departments as “those bodies whose functions, like those of
courts of law, are essentially judicial. Independently of the Executive, they decide
the rights and obligations of private citizens towards each other and towards a
government department or public authority” (Report of Council on Tribunals)
The growth in the number and importance of tribunals is closely related to the
development of an increasingly active welfare state with legislation covering areas
previously considered private. Some examples are:
• Social Security Appeal Tribunal
• Employment Tribunal
• Mental Health Review Tribunal
• Immigration Appeal Tribunal
• Lands Tribunal
Some tribunals have a significant effect in the areas of law involved. However,
they are nonetheless inferior to the courts and their decisions are subject to judicial
review - examination by a higher court of the decision-making process in a lower
court”.(Cambridge Professional English in Use. Law,
http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)
In the United Kingdom, Courts may be distinguished with regard to the type of
cases they hear:
1. The Appellate Court (or, The Court of Appeal/Appeal Court) = a court where
a case already heard by a lower court is reviewed.
2. The Crown Court = the highest court of jurisdiction, usually the last resort.
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3. The High Court = a court where serious crime offences are heard by a judge
and a jury.
4. The Juvenile Court = where a person under the age of 18 would be tried.
5. The Lower Court (or, The Court of the First Instance) = the court of primary
jurisdiction where a case is heard for the first time.
6. The Magistrates’ Court = a court which tries small crimes in the UK.
7. The Moot Court = where law students argue hypothetical cases.
8. The Small-Claims Court = where are tried cases which involve a small amount
of money.
9. The Tribunal = a court where a group of specialists examine legal problems of
particular type such as employment issues.
The following diagram shows the court structure in the United Kingdom:
1. COURT OF
JUSTICE OF THE
2. HOUSE OF
LORDS
3. COURT OF 4. COURT OF
APPEAL APPEAL (CIVIL)
E. PERSONS IN COURT:
26
The diagram of the persons in the court will help you to picture the process of settling
a case in English Courts:
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
27
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)
„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)
28
Amendment IV: Protection from unreasonable search and seizure
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Amendment V: due process, double jeopardy, self-incrimination, eminent
domain.
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just compensation.
Amendment VI: Trial by jury and rights of the accused; Confrontation
Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein the crime shall have
been committed, which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.
Amendment VII: Civil trial by jury
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States, than according to the rules of
the common law.
Amendment VIII: Prohibition of excessive bail and cruel and unusual
punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Amendment IX: Protection of rights not specifically enumerated in the
Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment X: Powers of States and people
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the states, are reserved to the states respectively, or to the people”
(http://topics.law.cornell.edu/constitution)
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C.THE COURT STRUCTURE IN THE USA
THE
SUPREM
E COURT
30
2. English for Lawyers: People in the Law; Principles and Types of Laws
Magistrates
Judges
* 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
31
Juries are used in criminal cases, and in some civil actions, notably actions for
libel. They are also used in some coroner’s inquests. The role of the jury is to use
common sense to decide if the verdict should be for or against the accused. Members
of a jury (called jurors) normally have no knowledge of the law and follow the
explanations given to them by the judge. Anyone whose name appears on the
electoral register and who is between the ages of 18 and 70 is eligible for jury
service. Judges, magistrates, barristers and solicitors are not eligible for jury service,
nor are priests, people who are on bail, and people suffering from mental illness.
People who are excused jury service include members of the armed forces, Members
of Parliament and doctors. Potential jurors can be challenged if one of the parties to
the case thinks they are or may be biased. (Rawdon Wyatt, Check your English
Vocabulary for Law, Third Edition, London, A.&C Black, 2006).
Solicitors
32
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)
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
33
constitution, but constitutional law consists of statute law, common law, and
constitutional conventions.”
“Essential to the common law is the hierarchy of the courts in all of the UK
jurisdictions and the principle of binding precedent, in practice, this means that the
decision of a higher court is binding on a lower court, that is, the decision must be
followed, and in the course of a trial the judges must refer to existing precedents.
They’ll also consider decisions made in a lower court, although they're not bound to
follow them. However, a rule set by a court of greater or equal status must be applied
if it's to the point - relevant or pertinent.
During a trial, counsel will cite cases and either attempt to distinguish the case
at trial from those referred to or, alternatively, argue that the rule at law reasoned
and established in a previous case is applicable and should be followed. Hence the
term case law. A case will inevitably involve many facts and issues of evidence. The
eventual decision itself doesn't actually set the precedent. The precedent is the rule
of law which the first instance judge relied on in determining the case's outcome.
Judges in a case may make other statements of law. Whilst not constituting
binding precedents, these may be considered in subsequent cases and may be cited as
persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts
in the United Kingdom must now refer to the ultimate authority of the European Court
of Human Rights, including all previous decisions made by that court.” (Cambridge
Professional English in Use. Law,
http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)
“The starting point from which to explain the English doctrine of the precedent
is the principle of justice that like cases should be decided alike. This principle is
enforced in the English law by the rule of stare decisis (keep to what has been decided
previously) and although this is a rule whish is almost universally applied in all
jurisdictions throughout the world; this rule has peculiarly coercive or binding nature
in the English system. This particularly coercive nature comes from the rules of
practice of English judges, called, “rules of the precedent”. These rules state that, to a
large extent, English law is based on case-law. “Case-law” consists of the rules and
principles acted on by the judges in giving decision; the English system obliges a
judge in a subsequent case to have regard to these matters in making his decision.
This is unlike many other jurisdictions where a judge regards the rules and principles
on which a judge acted in a previous case as material he may take into consideration.
The fact that English law is largely a system of case-law means that a judge’s
decision in a particular case constitutes a “precedent”. There are a number of different
types of precedent.
The judge may simply be obliged to consider the former decision as part of the
material on which his present decision could be based, or he may be obliged to decide
the case before him in the same way as that in which a previous case was decide
unless he can find a good reason for not doing so. Finally, the judge in the instant case
may be obliged to decide it in the same way as that in which the previous case was
decided, even if he can give a good reason for not doing so. In the last mentioned
situation the precedent is said to be “binding” as contrasted with the merely
“persuasive” effect of the other two situations.
34
A relaxation of rules came in the XX-iest century when it was clearly stated that
on the criminal side the Court of Appeal could depart from its previous decisions “in
the interests of justice”. On the civil side of that court the position is much more
restricted. It may depart from its previous decisions in only three narrow situations:
where there are two earlier conflicting decisions; where the Court’s earlier decision
cannot stand with a subsequent decision of the House of Lords; and when the Court’s
earlier decision was given per incuriam (through negligence or oversight).
Finally it must be stated that only certain parts of the decision are regarded as
binding. These parts are called ratio decidendi of the case. The structure of the typical
judgment in a civil case would probably be as follows: the judge sums up the
evidence, announces his findings of fact (if there is no jury), reviews the arguments
addressed to him by counsel for each of the parties during the trial, and gives his
decision. If a point of law has been raised then he will normally discuss a number of
previous decisions (or “authorities”) and state their bearing on the instant case. In
doing so he may decide to distinguish certain previous decisions from that case. Only
the rule of rules which may be extracted from the judge’s reasoning may be regarded
as the ratio of the case and therefore its binding authority. Any other proposition of
law which may be found in the judgment is regarded as obiter dicta and hence a
merely persuasive authority” (Michael Brookes, David Holden & Wesley Hutchinson,
Engleza pentru jurişti, traducere de Cristina Anghel, Bucureşti, Teora, 2007)
Law Reports
“The development and application of the common law system pivots upon the
existence of a comprehensive system of reporting cases. The Law Reports, published
annually by the Council of Law Reporting, are perhaps the most authoritative and
frequently cited set of reports, differing from other series of law reports, such as
Butterworth’s All England Law Reports or specialist reports like Lloyds Law Reports,
in that they contain summaries of counsel’s arguments and are revised by the judge
sitting in each respective case before publication. Cases aren’t always reported in the
year that they are decided so a case citation will refer to the volume and year in
which the case was published, for example Meah v Roberts, [1978] 1 All ER 97.
Developments in electronic databases have increased public access to recent cases”.
(Cambridge Professional English in Use. Law,
http://ifile.it/ep0yt8u/71346___cambridgeprofessionalenglishinuselaw.rar)
35
C. Anexe (Appendices):
36
APPENDIX I
37
• to bring an appeal to = a face apel, a ataca o hotărâre judecătorească
• to bring before a judge = a aduce în faţa unui judecător / tribunal
• to bring forward a complaint = a aduce o plângere
• to bring in a verdict of [not] guilty to = a [nu] se declara vinovat
• to bring in interest to = a aduce dobânzi
• to bring in justice to = a chema în justiţie
• to bring proceedings to = a intenta un proces
• to bring someone to trial to = a judeca pe cineva
• to bring the parties to = a pune părţile faţă în faţă
• to bring up legislation = a invoca o lege
38
• to cut taxes to = a reduce taxele
• cuts in prices = reduceri de preţuri
• cuts in salary = reduceri de salariu
• cuts in spending = reducerea cheltuielilor
to do → did → done
• deed = faptă
• deed = act notarial, acţiune, contract, document oficial
• deed a composition = concordat preventiv în faliment
• deed entry = înregistrarea unui act
• deed nul and void = act nulificat
• deed of arrangement = concordat preventiv de falimentare
• deed of assignment = contract de cesiune
• deed of association = contract de asociere
• deed of attribution = contract de atribuire
• deed of conveyance = contract de cesiune
• deed of covenant = act de obligaţie / donaţie
• deed of discharge = act de descărcare a unei obligaţii
• deed of grant = act de transfer imobiliar
• deed of partnership = act de constituire; contract de asociere
• deed of property = act/ titlu de proprietate
• deed of separation = act de separare voluntară a soţilor
• deed of settlement = act de dispoziţie
• deed of transfer = act translativ de proprietate
• deed of trust = act fiduciar
• deed poll = act unilateral
• deed restriction = limitarea unui titlu de transmitere a drepturilor
• deed under private seal = act sub semnătură privată
• deed warranty = certificat de garanţie
39
• to fall within/ outside’s court jurisdiction = a fi în/ în afara competenţei unei
instanţe
to go → gone → went
• to go bail to = a da o cauţiune
40
• to go bail for someone = a garanta pentru cineva
• to go on strike = a declanşa o grevă
• to go to law = a recurge la justiţie
41
• to keep accounts to = a ţine contabilitatea
• to keep in prison to = a ţine pe cineva în închisoare
• to keep safely to = a păstra depozit
• to keep somebody under restraint to = a ţine pe cineva sub interdicţie
• to keep the law to = a respecta legea
• to keep the peace to = a respecta ordinea publică
• keeper = gardian; deţinător de acţiuni/ titular
• keeper of record = grefier; arhivar
42
• means test = anchetă asupra resurselor
43
• to put on trial to = a chema în judecată
44
• set prices = preţuri fixe
• to set roght = a pune în ordine
• to set up to = a fonda o societate; a amplasa, a expune
• to set up a claim to = a reclama
• to set up a company = a înfiinţa o companie
• to set up an alibi to = a invoca un alibi
• to set up shop abroad = a înfiinţa o filială în străinătate
• set-back = eşec în afaceri
• seth forth to = a enunţa; a expune
• set-off = compensaţie; daune-interese
45
• to stand for Parliament = a candida la alegerile legislative
• to stand off = a concedia temporar
• to stand on forms to = a respecta formalităţile
• to stand over to = a amâna discutarea/ rezolvarea unei probleme
• to stand sponsor for somebody = a fi garantul cuiva
• to stand the test to = a trece prin/ a rezista unui test
• to stand with = a fi conform cu judecata
46
• teller proof = verificarea soldului zilnic
• teller’s stamp = stampila casierului
47
• to write to = a scrie; a redacta
• to write down to = a reduce
• to write off to= a amortiza
• to write out to = a redacta un act; a emite un cec
• to write up to = a ţine registrele la zi
• written agreement = convenţie scrisă
• written assent = acord scris
• written consent = consimţământ scris
• written evidence = dovadă scrisă
• written interrogation / interrogatories = comisie rogatorie
• written law = drept scris
• written promise = angajament scris
• written proof = probă scrisă
• written words prevail over printed words = cuvintele scrise au prioritate faţă
de cele tipărite.
48
APPENDIX II
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”:
3.Complete the table with the nouns which match with the verb in the first column
(the glossary might help you!):
49
5. True or false?
Read text “C. COURTS vs. TRIBUNALS IN THE UNITED KINGDOM” and
decide whether the following statements are true or false:
6. Choose the best word in bold to complete each of these sentences. Many of the
expressions are particular to the law of England and Wales, but will probably have
equivalents in other countries.
a) People who cause trouble in a particular place may be legally prevented from
going to that place again. This is known as a banning / bankruptcy order.
b) In Britain, if someone is causing someone distress, harm or harassment, the
police can apply for an ASDA / ASBO in order to restrict their behaviour.
c) In a civil case, a court may impose a search / hunt order allowing a party to
inspect and photocopy or remove a defendant's documents, especially if the
defendant might destroy those documents.
d) A promise given to a court (for example, by a vandal who promises not to
damage property again) is known as an undertaker / undertaking.
e) Sometimes a temporary injunction can be imposed on someone until the case
goes to court. This is known as a temporary or interlocutory / interim
injunction.
f) A restraining / restriction order is a court order which tells a defendant not to
do something while the court is still making a decision.
g) If someone applies for an injunction against a person with a mental disability,
a third party will be appointed to act for that person. This third party is known
as a litigation assistant / friend.
h) A frozen / freezing order or injunction prevents a defendant who has gone
abroad from taking all his assets (for example, the money in his bank account)
abroad (although he is allowed to take out money for living expenses).
i) If you want to stop a magazine publishing an article about you (or photographs
of you) that you do not like, you can apply for a publicity / publication
injunction.
j) A person who repeatedly harasses, pesters or hits another person might be
given a
k) non-proliferation / non-molestation order to prevent him / her from
continuing to do it.
l) If your partner is trying to get you out of your shared home, or if he / she
won’t let you back into your home, you can apply for an occupation /
occupying order to remain / get back into the home.
50
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
51
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
52
SEXUAL OFFENCES
POLITICAL OFFENCES
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).
c. Police constable: You were going in excess of 60, and this is a 30 zone.
Man in car: I think you’re mistaken, constable. I was well within the speed
limit.
d. Woman: When I got home, I discovered that my back door had been broken
open.
Police officer: Had anything been stolen?
Woman: Yes, my new laptop, £200 in cash and my pet parrot.
e. Police officer: I’m sorry sir, but I have to report your actions to the proper
authorities.
Man: Look, officer, here’s £50. Let’s just pretend this didn’t happen, eh?
f. Extract from a newspaper article: The two men were arrested and detained
after police checks revealed that they had been distributing pornographic material
over the Internet.
53
h. TV newsreader: The car bomb went off in a busy marketplace, injuring
several shoppers.
i. Radio newsreader: The police raided a house in New Street this morning and
recovered 250 illegal copies of the latest Harry Potter film, along with professional
film copying equipment.
j. Man reading newspaper: I don’t believe it. The Foreign Minister has been
caught giving government secrets to another country!
k. Political agitator: Now is the time to rise up and overthrow the running dogs
that call themselves our government. Death to the Prime Minister and his cronies!
Death to the Royal Family! Death to the system that bleeds us dry and abandons us!
Unwashed anarchist hordes: Hooray!
l. Shop assistant: I can’t accept this £20 note, madam. It’s a fake.
Customer: What? You mean it’s counterfeit?
Shop assistant: I'm afraid so. Do you have any other means of payment?
m. Extract from a newspaper article: The investigation into the rail accident
confirmed that it occurred because the rail company had failed to maintain the tracks
properly over a five-year period. Eight people died when the train left the tracks and
hit an embankment.
n. Police officer: Take your time and tell me what happened, dear.
Pensioner: The man who came to my door said he had come to read the electric
meter, so I let him in. I went to the kitchen to make him a cup of tea. When I returned
he had gone, and so had my television.
p. Woman: The graffiti around here is getting really bad. Last week somebody
wrote 'Chelsea are rubbish' on our garden wall.
Man: That’s not good. It should say „Chelsea are complete rubbish”.
r. Man: Look at this note, Cheri. It arrived in the post today. It says „Leave
£10,000 in cash in the bin by the bus stop, or I’ll tell everyone your dirty secret”.
Woman: Don't worry about it, Tony. It's probably another little joke from him
next door.
s. Prosecuting lawyer: Tell us again what happened on the night of the incident,
Mr Williams. And let me remind you that you are still under oath.
Defendant: Like I told you, I was at home asleep, so I have no idea what
happened.
Prosecuting lawyer: Don’t lie, Mr Williams. We have video evidence that you
were in the nightclub until 3am. And you were seen by several witnesses.
t. Defendant: I don't recognise this court. This trial shouldn't be taking place.
54
Judge: Sit down, Mr Dowling. You are out of order.
Defendant: Oh shut up, you silly old woman. Go back home and do some
washing up or something.
u. Accountant: We’ve audited these accounts very carefully, and they just don't
add up.
Office manager: What exactly are you saying?
Accountant: I’m saying that someone in your office has been secretly helping
themselves to company money.
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.
55
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___.
56
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.
57
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.
58
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?
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14. A legal remedy against wrongful inter alia
imprisonment. in terrorem
15. Taken as a matter of fact, even though ipso facto
the legal status may not be certain. ipso jure
16. For a short time. locus standi
17. Legal action against a person (for mala in se
example, one party in a case claims that mala prohibita
the other should do some act or pay mens rea
damages). non compos mentis
18. By this fact, or the fact itself shows onus probandi
this to be true. pari passu
19. Acting in place of a parent. per curiam
20. A matter on which a judgement has per se
been given. prima facie
21. A decision correctly made by a court, pro tempore
which can be used as a precedent. quid pro quo
22. Capable of committing a crime. res judicata
23. The duty to prove that what has been uberrimae fidei
alleged in court is true. ultra vires
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.
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,
60
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.
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16. Read the text “The American Court System. A.THE US CONSTITUTION” and
test your understanding by saying whether the following statements are true or false:
17. Complete the text below contrasting civil law, common law and criminal law
using the words in the box.
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
62
e. The European Union........................ on Data Protection
established legal principles aimed at protecting personal data
privacy and the free flow of data.
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
63
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).
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.)
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:
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:
26. Match each verb (1-5) with the noun it collocates with (a-e):
27. Decide which of the following words and phrases can go with the verb to file. You
may need to consult a dictionary:
28. Complete the sentences below using the verb phrases in the box. In some cases,
there is more than one correct answer:
29. Read the following pairs of sentences and decide which one is correct:
65
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:
31. Match the words in italics (1-5) with their definitions (a-e):
32. Match these words or phrases from the text (1-4) with their synonyms (a-d):
66
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
67
APPENDIX III
68
20. appeal = To ask a high law court to change its decision or sentence = apel;
atacarea unei sentinţe judiciare; recurs
21. accuse = To say that someone has committed a crime = a acuza, a inculpa, a
invinovăţi, a incrimina
22. binding = Having the legal ability to force someone to do something =
oblogatoriu, care leagă, irevocabil
23. civil = An adjective referring to the rights and duties of private persons or
organisations = civil
24. defence = The arguments used when fighting a case = apărare; mijloc de
apărare; argumntele folosite în favoarea unui acuzat într-un proces
25. contract = A legal agreement between two or more parties = contract
26. criminal = An adjective referring to crime = 1. asasin; delincvent; criminal;
ucigaş; făptuitor al unei crime; persoană care comite infracţiunea de crimă; 2. penal;
criminal
27. jury = A group of 12 citizens who decide whether or not someone is guilty
in a trial = curtea cu juri; juraţi; juriu
28. evidence = A written or spoken statement of facts which helps to prove or
disprove something at a trial = dovadă; depoziţie; evidenţă; mărturie; probă
29. fine = To order someone to pay money as a punishment = 1. amendă; 2.
avans; acont; arvună; 3. primă plătită pentru înnoirea unei locaţiuni
30. injunction = A court order telling someone to stop doing something, or not
to do = injuncţiune; ordin judecătoresc de amânare; hotărâre juridică de amânare
31. admit someone to the Bar (US) = to grant a person permission (from a Bar
association) to practise law (UK call someone to the Bar) = admitere, acceptare în
barou
32. advocate = person who pleads in court = avocat; apărător; avocat pledant
33. affidavit = written statement which might be used as proof in court that
somebody makes after they have sworn officially to tell the truth = afidavit; declaraţie
scrisă cudepunere de jurământ utilă ca dovadă în justiţie
34. appellant = person who appeals a decision to a higher court (US); see
petitioner = apelant; reclamant; reclamant în apel; recursant
35. appellate court (also court of appeal, appeals court) = court which reviews
judgments held by lower courts = curtea de apel
36. arbitration = form of dispute resolution (an alternative to litigation through
the court system) in which disputes are heard and decided by an impartial arbitrator or
arbitrators, chosen by the parties to the dispute shares) = arbitraj; judecată
37. bailiff (UK) = an officer of the sheriff who makes arrests and serves writs:
(US) a court officer who keeps order during court proceedings = aprod; portărel;
intendent; administrator; uşier
38. the Bar (US) = legal profession; (UK) the profession of barristers = 1.
instanţă; 2. avocaţi; jurişti; profesia de jurist; 3. avocatură, barou; 4. impediment
juridic; 5. bara în faţa judecătorului unde pledează avocaţii
39. bar and bench = organization of lawyers which may regulate the profession
= avocatură şi magistratură
40. bar examination = (US) written examination taken by prospective lawyers in
order to qualify to practise law = interogare la bară
69
41. Bar Vocational Course = (UK) required course to be taken.
42. by law = graduates wishing to practise law as a barrister. This is followed by
a period of pupillage = avocat stagiar
43. barrister (UK) = lawyer admitted to plead at the bar and in superior courts; a
member of one of the Inns of Court barristers’ chambers offices of barristers or a
group of barristers = avocat pledant la curtea superioară; membru al baroului; avocant
pledant (Marea Britanie)
44. “benefit of the bargain” = damages; see expectation damages = beneficiul
contractual
45. bill = formal proposal for legislation = 1. act; 2. proiect de lege; 3.
reclamaţie; 4. bancnotă, cambie; notă de plată; poliţă
46. breach of contract = failure to perform a contractual obligation or
interference with another party’s performance which incurs a right for the other party
to claim damages = încălcare a unui contract; nerespectare a unor termeni
contractuali; neîndeplinire/ violare a contractului
47. brief document = or set of documents containing the details of a court case =
concluzii juridice; dosar al unui proces; expunere a dovezilor apărării; rezumat
48. by-law = (UK) municipal law (US ordinance) = decizie a autorităţii locale
49. call to the Bar = (UK) granting of permission to practise law as a barrister
(US admission to the Bar) = a admite în barou; a admite stagiari
50. case law (also common law; judge-made law) = body of law formed through
judicial/court decisions, as opposed to law formed through statutes or written
legislation = autoritatea lucrului judecat; jurisprudenţă; precedente
51. civil law = 1) legal system developed from Roman codified law, established
by a state for its regulation; 2) area of the law concerned with non criminal matters,
rights and remedies = cod civil; drept civil
52. claimant = (UK) person who brings a civil action; (US) plaintiff =
reclamant; solicitant
53. clerk = (UK) court employee who takes records, files papers and issues
processes; (US) also a law student who assists a lawyer or a judge with legal work
such as research or writing = grefier; funcţionar; secretar; vânzător în magazin (SUA)
54. common law (also case law; judge-made law) = body of law formed through
judicial/court decisions, as opposed to law formed through statutes or written
legislation = drept cutumiar; drept jurisprudenţial
55. complaint = first pleading filed on behalf of a plaintiff which initiates a
lawsuit, setting forth the facts on which the claim is based (civil law).
56. confer = to grant, to bestow = cerere de deschidere a unui proces; plângere;
reclamaţie
57. conflict of interest = clash between a person’s personal interests and their
public or fiduciary responsibilities consensual agreed to by all parties = conflict de
interese
58. court of first instance = see lower court = judecătorie (SUA); instanţa de
fond; prima instanţă de judecată; instanţa de jurisdicţie la care s-a introdus acţiunea
59. criminal law (also penal law) = area of law that deals with crime,
punishment or penalties = drept penal; cod penal (Marea Britanie, crown law)
60. crown court = (UK) higher court of first instance for criminal cases in
England and Wales. Together with the High Court of Justice and the Court of Appeal,
it forms the Supreme Court of Judicature; Appeals from the Crown Court go to the
criminal division of the Court of Appeal and then to the House of Lords.
61. damage loss = or harm as a result of injury =
70
62. default = failure to perform a duty, whether legal or contractual; failure to
pay a sum that is due = 1. absenţă; contumacie; lipsă; neprezentare; 2. incapacitate de
a plăti o datorie; insolvabilitate; neîndeplinire a unei obligaţii; neplată; neachitarea
unei datorii
63. defendant = (also respondent) person against whom an action is brought in
court. Defendant is generally used when referring to the answering party to a civil
complaint; respondent is generally used when referring to the answering party to a
petition for a court order = acuzat; intimat; inculpat; pârât; persoană acuzată
64. delegate = to give (duties) to another, to entrust another (with duties) = a
delega
65. delegate = (UK) third party in a delegation to whom the duties have been
transferred (US detegatee).
66. delegation of duties = transfer of responsibilities to be performed under a
contract to another = delegaţie; subrogaţie
67. delegator = person who transfers his duties to another = delegator
68. delivery = formal act of transferring something or passing possession on to
someone else = 1. distribuire; livrare; predare; 2. cesiune; punere în stăpânire; transfer
69. directive = order from a central authority, for example, the European
Community. A European Community Directive is binding as to the result, but each
Member State may choose how to implement it = directivă
68. disability = condition of being unable to do something due to a physical or
mental impairment = incapacitate; dizabilitate
69. disbar = (US) to declare a person unable to practise law. In the UK the
barrister is expelled from his or her Inn of Court and is no longer allowed to represent
in court = a exclude; a radia din baroul avocaţilor
70. discharge = to release a person from an obligation = 1. a se achita de o
obligaţie; a disculpa; a dezvinovăţi; 2. a se elibera; a concedia; a pune în libertate; a
da drumul în închisoare; 3. a achita; a plăti; 4. a descărca
71. disclaimer = repudiation or denial of a legal right or claim = renunţare
explicită; refuz
72. draft = to produce a piece of writing or a plan that you intend to change later
= 1. ciornă; proiect; schiţă; 2. plată prin cambie sau bilet de ordin
73. duress = unlawful threat or coercion used to force someone to enter into a
contract = ameninţare; coerciţie; constrângere; detenţiune; declaraţie obţinută sub
constrângere; privare de libertate; violenţă
74. duty solicitor = avocat numit din oficiu
75. duty of care = obligation of a person to act with = obligaţia de precauţie; de
circumspecţie; obligaţia de diligenţă
76. employment tribunal = judicial body that resolves disputes = tribunalul
conflictelor de muncă
77. endorsement = (UK) writing, including signature, on the back of a document
which allows for the transfer of the instrument (US indorsement) = aprobare;
adeziune; andorsare; act modificator al unui contract anterior; gir
78. enforceable = capable of being made effective. In the case of an agreement,
it is one in which one party can legally compel the performance of the other party =
executoriu
79. enforceable right = interest the law gives effect or force = drept executoriu
80. essential term = provision required for a contract to exist = element esenţial
al unui contract
81. et alii = (et al.) (Latin) and others.
71
82. et cetera = (etc.) (Latin) and other things of the same kind.
83.exempli gratia = (e.g.) (Latin) for example.
84. exemplary damages = see punitive damages = daune interese pentru
prejudicii morale
85. expectation damages = (also benefit of the bargain damages); compensation
for the loss of benefits that a person would have received had the contract been
performed = daune inerente
86. expert witness = person who the court considers to possess specialised
knowledge or skill and who is allowed to offer an opinion as testimony in court =
martor specialist
87. fee = simple whole interest in a piece of real property; the broadest interest
in property allowed by common law = 1. cotizaţie; onorariu; remuneraţie; taxă; 2.
poperietate moştenită
88. fiduciary = obligation to act solely in the best interests of another = curator;
depozitar; executor; testamentar; fiduciar; moştenitor fiduciar
89. file with = to officially record (e.g. in a court of law) = a înregistra un act; a
pune în dosar
90. model = document or agreement with blank spaces to be filled in
91. formation = act of bringing a contract into existence = întemeiere; fondare
92. fraud = deliberate misrepresentation or concealment of a material fact to
gain an advantage = fraudă
93. fraud = the inducement of the act of misrepresenting or misleading someone
so as to entice them to enter into a contract or agreement = a frauda
94. good faith = state of mind whereby a person has an honest conviction = bună
credinţă
95. high court = (UK) court which hears serious civil cases and appeals from
county courts; (US supreme court) = curtea supremă de justiţie
96. id est = (i.e.) (Latin) that is.
97. infringement = unauthorized use of material protected by copyright, patent
or trademark law = abuz; infracţiune; încălcare; violare; violare/ încălcare a legii
98. inheritance = property which can be transferred after death to a heir =
moştenire
99. injunction = official order from a court for a person to stop doing something
= injuncţiune, ordin judecătoresc de amânare; hotărâre juridică de amânare.
100. injured party = a party that has suffered a violation of its legal rights =
partea vătămată
101. Inn of Court = one of the four institutions that barristers in the UK must
join in order to practise law as barristers
102. instrument = written formal legal document = act juridic; contract;
document oficial
103. intent = mental desire / willingness to act in a certain way = intenţie; scop;
înţelesul unei formulări într-o lege/ document.
104. inter alia = (Latin) among other things.
105. ipso facto = (Latin) by the very fact itself.
106. issue = to produce or provide something official = 1. chestiune problemă;
2. a emite; a elabora; a promulga; a soluţiona
107. judge = public official who hears and decides cases in court = judecător
108. judge-made law = (also case law. common law) body of law formed
through judicial/court decisions, as opposed to law formed through statutes or written
legislation = jurisprudenţă
72
109. judgment lien = lien imposed on a person against whom a judgment has
been entered but remains unsatisfied = drept de sechestru
110. juris doctor (JD) = (US) law degree (UK LLB).
111. juvenile court = court that hears cases involving children under a certain
age = tribunalul minorilor; instanţa care judecă procesele unde sunt implicaţi minori
112. law school (US) = graduate school offering courses in law leading to a law
degree = facultatea de drept; studii în drept
113. legal entity = individual or organization that can enter into contracts, is
responsible for its actions and can be sued for damages = persoană juridică
114. legal opinion = document outlining a lawyer’s understanding of the law
regarding a particular situation = consult juridic
115. legal person = artificial entity created by law and given legal rights and
duties; for example a corporation = persoană juridică
116. Legal Practice Course (LPC) = (UK) course that must be completed before
a person can be qualified as a solicitor. It is the first step to becoming a solicitor (the
second being working as a trainee solicitor, and the last being successful completion
of the Professional Skills Course).
117. licence = (UK) permission or authority to do something which would
otherwise be illegal. No interest is transferred in this case. (US license) = autorizaţie;
permis; licenţă (Marea Britanie); act de cesiune; autorizaţie; brevet; cesiune; patent;
permis; licenţă (SUA)
118. lien = interest or attachment in another’s property as security for payment
of an obligation = 1. amanet; garanţie; gaj; privilegiu; zălog; 2. drept de sechestru;
drept de retenţie; drept de gaj cu deposedare; drept de sechestru pe averea datornicului
119. lien creditor = creditor whose claim is secured by a lien = datornic sub
drept de gaj
120. life estate = state granted only for the life of the grantee = posesiune
viageră; uzufruct imobiliar viager
121. life tenant = person who holds a life estate or an estate pur autre vie, or for
the benefit of another = uzufructuar (ă)
122. liquidated damages = (also stipulafed damages) compensatton that is
agreed to in the contract = despăgubiri/ daune interese precizate în cazul neexecutării
contractului
123. LLB (Legal Baccalaureus) = (UK) Bachelor of Laws, law degree (US JD,
juris doctor)
124. lower court (also court of first instance) court whose decisions may be
appealed to a higher court = judecătorie (SUA); instanţa de fond; prima instanţă de
judecată; instanţa de jurisdicţie la care s-a introdus acţiunea
125. magistrates’ court = (UK) court that has very limited powers = curtea
magistraţilor
126. maker = person who makes a promissory note = promiţătorul
127. market economy = economic system which permits the open exchange of
goods and services between producers and consumers. In a market economy prices
and production are largely determined by supply and demand. The contrasting model
to a market economy is central planning and a non·market economy = economia de
piaţă
128. material breach = breach of contract which is so fundamental or significant
that the non breaching party is excused from its contractual obligations and may
recover damages = violare/nerespectare în fapt
73
129. memorandum of association = (UK) legal document that sets out the
important elements of the corporation, including its name, address, objects and
powers. It is one of the two fundamental documents upon which registration of a
company is based. (US articles of incorporation) = contract de asociere;
memorandum de asociere; statut al unei societăţi
130. merchant = person who is engaged in the buying and selling of goods for
profit = 1. comerciant; negustor; 2. comercial (merchant bank = bancă comercială)
131. merchantability warranty = implied by law that something is fit for the
ordinary purposes for which it is used.
132. minutes = notes or records of business conducted at a meeting = dare de
seamă; proces-verbal
133. monopoly = organization or group that has complete control of an area of
business so that others have no share = monopol
134. moot court = fictitious court where law students argue hypothetical cases
135. mortgage = transfer of legal title of a property, often land, to another as
secunty for payment of a debt = 1. amanet; garanţie; gaj; ipotecă; ipotecare; 2. act de
amanetare; act de ipotecare; 3. împrumut ipotecar; împrumut imobiliar
136. motion = application to a court to obtain an order, rulling, or decision =
moţiune
137. nemo dat rule = principle that states that one cannot give away more than
one possesses. If one does not possess title to something, then one cannot transfer title
of that thing to another.
138. non-consensual = not agreed to or formed by agreement of all parties =
neconsensual
139. non-obvious = quality of an invention being unexpected or surprising or
sufficiently different from other existing things. It is often a requirement for obtaining
a patent = neclar
140. notice = document providing notification of a fact, claim, or proceeding =
aviz; avertisment; consult; notificare; sfat
141. novation = substitution of an obligation with a new one, thereby canceling
the old obligation = mod de stingere a obligaţiei; novaţiune
142. obligee = person to whom a right is owed = creditor
143. obligor = person who owes a right = debitor
144. offeree = party to whom an offer is made = propunător de ofertă
145. offeror = party that displays a willingness to enter into a contract of
specified terms = ofertant
146. ordinance = (US) municipal law (UK by-law) = decret; ordonanţă
147. paralegal = person who assists a lawyer with legal advice but is not a
lawyer = paralegal
148. Parol Evidence = the rule that evidence, apart from the actual contract itself
cannot modify, explain, vary or contradict the written terms of a contract = depoziţia
martorului; depoziţie verbală; mărturie în instanţă (parole = eliberare condiţionată)
149. party = person or entity involved in an agreement = parte legală; persoană
legală
150. pass of judgment/ a sentence = to give a verdict = a pronunţa o sentinţă.
151. patent = grant from the government giving exclusive rights to an inventor
to make, use or sell an invention for a specified period of time = sentinţă
152. payee = person who is being paid in a bill of exchange = beneficiarul unei
plăţi; creditorul unei cambii
74
153. pecuniary compensation = remedy that involves compensating through
money = despăgubire pecuniară
154. penal law = (also criminal) area of law that deals with crime, punishment
or penalties = drept penal
155. per annum = (Latin) per year.
156. per se = (Latin) by itself.
157. personal property = (also chattels in common law) things that are moveable
(as opposed to real property) and capable of being owned = avere mobiliară; bunuri
mobiliare; bunuri mobile; proprietate personală
158. petitioner = (US) person who brings a petition to a court, especially on
appeal = petiţionar; reclamant; solicitant
159. pleading = formal written statement setting forth the cause of action or the
defence in a case = dezbatere judiciară; pledoarie; procedură juridică; concluzii
160. pledge = property which is security for a debt or obligation = amanet;
asigurare; gaj; mărturie; obligaţie; promisiune
161. pledgee = person who receives a pledge or the creditor in a secured
transaction = amenetar; creditor gajist; deţinător al unui obiect gajat
162. pledgor = person who gives a pledge or the debtor in a secured transaction
= datornic cu gaj; debitor gajist; persoană care amanetează
163. priority right = right to enforce a claim before others = drept de preferinţă
164. pro forma = (Latin) as a matter of form.
165. pro rata = (Latin) proportionally.
166. promisee = person to whom a promise or an assurance that something will
or will not be done is made = beneficiar al unei promisiuni
167. promisor = person who makes a promise or an assurance that they will or
will not do something = promiţător
168. promissory note = formal unconditional written note made and signed by a
person obligating him or her to pay a specified sum of money to another specified
person or to the bearer of the document = bilet la ordin
169. punitive damages = (also exemplary damages) compensation designed to
punish the breaching party for conduct found to be reprehensible, e.g. fraud =
despăgubiri punitive
170. pupilage = (UK) one year of apprenticeship to become a barrister which
follows the completion of the Bar Vocational Course = stagiu de pregătire a unui
avocat
171. pur autre vie = estate granted only for the life of someone other than the
grantee.
172. real property = land including anything attached to it = bunuri imobiliare;
bunuri imobile; dreptul, titlul sau cota pe care o are o persoană în posesia unei
proprietăţi imobiliare; proprietate imobiliară; proprietate reală
173. reasonably prudent person (also reasonable person) = fictitious person
used as a standard for legal reasoning in negligence cases
174. Registrar of Companies = (UK) officer in charge of keeping the list of
limited companies registered at the Companies House.
175. regulation = order controlling through rules or restrictions = dispoziţii;
instrucţiuni; prescripţii; reglementare; regulament; regulă
176. rejection = refusal to accept an offer = respingere (to reject a claim = a
contesta o creanţă)
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177. release = to discharge a person from an obligation = 1. anulare; eliberare;
eliberare condiţionată; punere în libertate; scutire; 2. autorizaţie; permis; 3. cesiune;
transfer
178. remedy = means of preventing, redressing or compensating a violation of a
right = compensaţie; despăgubire; recurs; remediu; reparaţii juridice
179. respondent = see defendant = acuzat, inculpat; intimat; reclamant;
responsabil; vinovat
180. restitution damages = compensation which is equal to the amount of money
the breaching party received under the breached contract = daune de restituire
181. right = interest that is recognised and protected by law = drept; justiţie;
privilegiu
182. right of fair use = (US) defence to a claim of copyright infringement
whereby permission from the artist is not required so long as usage of that artists work
is reasonable and limited (UK). The concept of fair dealing is the closest equivalent:
however, fair dealing is more restrictive than the US doctrine of fair use and in order
to be protected, the use has to fall in one of several categories).
183. security = property pledged in order to secure the fulfillment of a promise
or loan = 1. cauţiune, garanţie; gaj; 2. garant; girant
184. senior partner = person who has been a partner of a law firm for many
years (the exact number of years may differ in each firm): in some law firms, an
official title given to some partners = avocat care are dreptul de a pleda în consiliul
reginei
185. serve = a document on someone; to deliver a legal document to someone
(which usually demands they go to a court of law or obey an order) = a deservi; a
ispăşi o pedeapsă; a notifica; a preda o citaţie/ somaţie
186. sex discrimination =different treatment, usually awarding privileges to
some and denying privileges to others based on gender = discriminare sexuală
187. sic (Latin) = thus.
188. single European market = established under the Single European Act, came
into effect on 1 January 1993: the core of the process of European economic
integration involving the removal of obstacles to the free movement of goods,
services, people and capital between member states of the European Union = piaţă
unică
189. small-claims court = court that handles civil claims for limited amounts of
money = tribunal de plângeri minore
190. sole practitioner = lawyer who practises on his/her own = avocat liber
profesionist
191. solicitor = (UK) lawyer who is qualified to give legal advice and prepare
legal documents = 1. petiţionar; petent; solicitant; 2. avocat consultatnt; consilier
juridic; jurist; consilier judecătoresc (SUA)
192. sole practice = law practice with only one lawyer = practică liberă
193. special damages = (also consequential damages) damages that are awarded
due to a particular wrong or particular circumstances =
194. statute = formal written law created by a legislative body such as a
parliament, as opposed to a law created through the courts = act legislativ; lege;
ordonanţă; regulament; statut
195. statutory forms = forms required by law = acte statutare
196. statutory lien = security interest created by legislation due to the economic
relationship between the debtor and the creditor = ipotecă legală; statutory burglary =
furt calificat
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197.submit = to deliver a document formally for a decision to be made by others
= a prezenta un document / o ofertă; a supune atenţiei
198. sui juris = (Latin) of one’s own right: able to exercise one's own legal
rights.
199. tangible chattel/ property = property other than land that is capable of being
touched or felt = bunuri corporale; proprietate tangibilă
200. tort = wrong committed between private individuals for which the law
provides a remedy = delict; ofensă; pagubă; prejudiciu
201. trade mark = (UK) word, phrase or symbol used by a manufacturer, seller
or dealer to distinguish their goods apart from the goods of others (US trademark) =
marcă comercială
202. trade union = (UK) association of employees formed to further their mutual
interests with respect to their employment, for example working hours, wages,
conditions, etc. (US labor union) = sindicat
203. trainee solicitor = (UK) position of one who is completing the practical
apprenticeship required for a person to qualify as a solicitor. It is the second step to
becoming a solicitor (follows the completion of the legal Practice Course and is
followed by the Professional Skills Course) = avocat stagiar
204. tribunal = body with either judicial or quasi-judicial functions = tribunal
205. ultra vires = (Latin) unauthorised; beyond a person's legal powers.
206. usufruct = right to use another person’s property for a period of time, to be
later restored to the owner with only ordinary wear and tear = uzufruct
207. versus = (vs, or v,) (Latin) against
208. vest = 1) to give full title to a property to a person; 2) to give a person an
immediate fixed right = a învesti; a împuternici; a transfera un drept legal
209. videlicet = (viz.) (Latin) as follows.
210. writ = document informing someone that they will be involved in a legal
process and instructing them what they must do = citaţie; document; înscris; mandat;
ordonanţă; somaţie
211. written resolution = written expression of an intention or opinion decided at
a meeting = decizie scrisă
212. stipendiary = a full-time paid magistrate who has qualified as a lawyer.
213. lay magistrate = unpaid and is an established member of the local
community.
214. circuit = a geographical division for legal purposes; England and Wales are
divided into six.
215. recorder = a part-time judge with ten years standing as a barrister or
solicitor = arhivar (Marea Britanie); avocat numit de coroană în funcţia de judecător;
grefier; judecător supleant (SUA); magistrat principal (Marea Britanie)
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APPENDIX IV
4. Table of Tenses
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