Facultatea de Ș tiinte ale Educației, Drept

și Administrație Publică

Nume:Pirvan

Prenume:Nicolae

Specializarea:Drept

Anul:II

Disciplina:Limba engleza

1.The history of the legal language

English Language (English, English ) is a language West Germanic having its origins

in England , and is now the native language for most residents of Australia , Canada , the
Commonwealth Caribbean, Ireland , New Zealand , United Kingdom and United States
America (also known as the "Anglosphere"). It is a language used extensively as a secondary
language or as an official language throughout the world, especially
in Commonwealth countries such as India., Sri Lanka , Pakistan , or South Africa , as well as in
many international organizations.
Modern English is often referred to as the global " lingua franca ." English is the dominant
language internationally in the fields of communication, science ,
business, aviation , entertainment , radio and diplomacy . The influence of the British Empire is
the main reason for the initial spread of the language far beyond the borders of the British
Archipelago. Following World War II , the growing economic and cultural influence of
the United States profoundly accelerated the spread of this language. On a regular school day,
about a billion people learn English in one form or another.
Knowledge of English is required for employment in certain fields, professions or
occupations. The result of this need is that over one billion people worldwide speak English at
least at a basic level. English is also one of the six official languages of the United Nations .1
1
https://ro.wikipedia.org/wiki/Limba_englez%C4%83
 2. The justice system and the constitution

The United Kingdom has three separate legal systems; one each for England and Wales,
Scotland and Northern Ireland. This reflects its historical origins and the fact that both Scotland
and Ireland, and later Northern Ireland, retained their own legal systems and traditions under the
Acts of Union 1707 and 1800. This website deals with the judiciary of England and Wales. We
mention briefly the Tribunals Service, which extends to Scotland, and the Supreme Court of the
United Kingdom, which has jurisdiction over the entire United Kingdom since it replaced the
Judicial Committee of the House of Lords in October 2009.
The justice system is one of the three branches of the state. The other two branches are the
executive, or the government, and the legislature, which is the two Houses of Parliament. In most
democracies these three branches of the state are separate from each other. They have roles and
functions that are defined within written constitutions, preventing the concentration of power in
any one branch and enabling each branch to serve as a check on the other two branches. This is
known as separation of powers.
The United Kingdom, famously and almost uniquely, does not have a constitution that is
contained in a written constitutional instrument. Its constitution is to be found in the statutes
passed by Parliament and in the common law, the law developed over the centuries in the
decisions of the courts. Only two other countries, Israel and New Zealand, are like the United
Kingdom in not having a written constitutional instrument. These three countries differ in this
way from almost all other countries. Such constitutional instruments, for instance that of the
United States, which has one of the most well known written constitutions, often have a higher
status than ordinary legislation and constitutional provisions can only be enacted and repealed by
a special procedure that differs from the procedure for making and repealing ordinary legislation.
 Our lack of a written constitution is one of the consequences of the way the United Kingdom
and its political and legal institutions have evolved since 1066. Another consequence is that our
institutions did not separate the functions and powers of the three different branches of the state,
the executive, the legislature, and the judiciary.
For example, the government (or executive) is made up of MPs and peers who are also
members of the legislature (the House of Commons and the House of Lords). In the United
States by contrast, the President and members of the Cabinet, (the executive), are entirely
separate from the legislature, (the Senate and the House of Representatives).
The 2005 Act did more than simply reform the office of Lord Chancellor. It made reference to
two of the fundamental principles of our constitution, the rule of law and the independence of the
judiciary. While the judiciary’s independence has long been an issue that has been referred to in
statute, such as the Bill of Rights 1689 or the Act of Settlement 1701, this was the first time that
the rule of law was specifically referred to in statute. Common understandings had grown up
over the centuries about what these entailed, but in the light of the other changes made it was
considered important for the Act to refer to them and thus to give them statutory force. Details of
the key changes brought in by the Act include:

3. Organizing the judiciary in Romania

Based on Law no. 304/2004, the judicial system in Romania is structured in the form of a
pyramid. At the top of the pyramid is the High Court of Cassation and Justice, followed by the
Courts of Appeal and the Military Courts of Appeal, Courts, Specialized Courts, Military Courts
and at the base of the pyramid, the Court.
The stages of a process
As a general rule, each action goes through two stages: first instance and appeal (ordinary
remedies). A second remedy (extraordinary appeal) may be brought only on points of law, in cases
expressly provided for.
There are also types of actions which are tried only in the first instance and in the second instance
of appeal (former actions tried in the first instance by the Court of Appeal).
Finally, there are special procedures (eg the order for payment) where only an appeal for
annulment can be lodged against the decision of the court of first instance.
In the first instance, the action is judged by a single judge, on appeal there are two judges and on
appeal there are three judges. The annulment appeal is judged by a single judge.
Last but not least, in addition to the appeal, there are two other extraordinary remedies: the
annulment appeal (not to be confused with the annulment appeal in the case of the payment order)
and the review. These two appeals challenge a judgment rendered in the appeal, in cases expressly
stipulated by law.
As regards territorial jurisdiction, as a general rule, actions must be brought before the competent
court in the area in which the defendant has his domicile or seat.
The Code of Civil Procedure also provides for special rules of jurisdiction in various cases (eg in the
case of real estate actions, the competent court is the one in the area where the building or land is
located, in insurance cases the competent court is established according to the person's domicile
insured).
Where the law provides for alternative territorial jurisdiction between different courts, the parties
may choose the competent court.
We always advise our clients to discuss and establish with their business partners, which will be the
competent court in case of a dispute.