Homework

U.I. 1
1. 1. A person will consult a solicitor if they need legal assistance for various problems
such as divorce, disputes with neighbors, business establishment, making a will, or selling a
property.
2. A person appeals to the services of a barrister when they have a more serious and
complex legal problem that needs to be judged in a civil or criminal court. The barrister
represents them in court and pleads their case.
3. The participants in a criminal court typically include the judge, the prosecution
(represented by barristers), the defense (represented by barristers), and the jury.
4. A barrister may represent either the prosecution (Council for the Prosecution or
plaintiff) or the defense (Council for the Defence or defendant) in a court.
5. The judge presides over a court in England.
6. A jury consists of twelve persons, called jurors, aged between 21 and 60 years old.
7. The duties of a jury include unanimously giving the verdict "Guilty" or "Not guilty"
in a criminal court. If the jury cannot reach an agreement, a new jury may need to rejudge the
case.
8. According to English law in a criminal case, a person is considered innocent until
their guilt is proven.
9. The role of a witness is to provide testimony in court. They are called into the court
by barristers, swear an oath, and then testify about what they saw, not what they heard from
others.
10. The evidence is given in the court, typically in a designated area like a witness box.
11. "Hearsay" evidence is information that someone heard from another person rather
than direct knowledge or eyewitness account.
12. Generally, "hearsay" evidence is not favored in English law courts, as witnesses are
expected to testify based on their own direct experiences.
13. The judge possesses the authority to pass the sentence on the accused in a court.
14. The Bill of Rights in the US law is meant to protect the rights of individuals accused
of crimes and prevent the arbitrary use of police power.
 15. It refers to various rights, including the right to representation by a lawyer,
especially for those unable to afford one.
16. The court system in the US is structured with the US Supreme Court and over
eighteen thousand other smaller courts, including Trial courts, Appellate courts, and District
courts.
17. Trial courts, also known as "courts of first instance," have original jurisdiction and
handle both civil and criminal matters. They take evidence, listen to witnesses, and decide the
truth of a case.
18. "Original jurisdiction" refers to the power of being the first court to hear a case, as
possessed by Trial courts.
19. Decisions in a trial court are made either by a judge or a jury, depending on the
preference of the parties involved.
20. The role of an Appellate court is to reconsider decisions made by a Trial court if the
defendant requests it. It reviews decisions to ensure there is no error in the interpretation of the
law.
21. An Appellate court does not use a jury because its role is to review legal decisions,
not reevaluate facts. It focuses on legal matters and errors in interpretation.
22. District courts deal with both criminal and civil matters, including diversity cases
involving parties from different states, federal prisoners' cases, approval of passports, and
naturalization of immigrants.

2. a) Civil cases are brought by a plaintiff against a defendant.

b) The jury consists of twelve people selected at random from the lists.
c) First, the council for the prosecution presents the case.
d) Barristers plead his case in court.
e) Under English law, a person is considered innocent until his guilt is proved.
f) According to the court system in the US, each state has a specific court system.
g) The decisions in Trial court are made by a judge or by a jury.
h) The Appellate courts review the decisions made by a Trial court.
i) The District courts deal both with criminal and civil matters.
3. a) False: While civil cases involve a plaintiff and defendant, solicitors are typically
hired by both parties, but barristers, not solicitors, plead the case in court.
b) False: The text mentions that a jury consists of twelve people, not twenty.
c) True: The judge may indeed intervene at any point and ask questions to clarify
matters.
d) False: While the judge conducts the proceedings and interprets the laws, the verdict
of "Guilty" or "Not Guilty" is typically given by the jury in a criminal trial.
e) False: The witness is expected to swear on oath when giving evidence before the
jury.
f) False: The text mentions that decisions in a Trial court in America are made either by
a judge or by a jury.
g) False: The role of Appellate courts is to review decisions made by lower courts, not
to take evidence or listen to witnesses.
h) True: The Trial courts form the lowest level of the court system in the US.
i) True: The Bill of Rights protects individuals from the arbitrary use of police power

4. h) to commit a crime
f) to arrest on a charge of
b) to accuse somebody of something
i) to prosecute
d) to give evidence
g) to plead guilty
a) to bring somebody to court
k) to release on bail
c) to return a verdict
e) to pass a sentence
j) to win a case

5.
a) pleads a case in court - Barrister
 b) undertakes legal business for ordinary people - Solicitor
c) gives evidence in trial – Witness
d) is summoned to court to give a verdict in a case - Juror
e) presides over a magistrates’ court - Magistrate
f) is brought to the court on the initiatives of the parties - Defendant

U.I. 2
1.
1. Solicitors deal with giving advice, leading the business of the client, and may have a barrister
to handle specific legal matters for the client.
2. Yes, there is a difference between solicitors and barristers. Solicitors primarily handle
advisory and business aspects of the client's legal matters, while barristers often specialize in
courtroom advocacy and may be called in by solicitors for specific legal tasks.
3. The historical recognition regarding the two branches of the legal profession involves
the distinction between solicitors and barristers, with solicitors traditionally considered the
junior part but increasingly becoming the dominant part of the legal profession.
4. The final stage in the solicitor's education is the apprenticeship, which involves a
two-year training period under an established solicitor.
5. Some barrister's governing bodies include the Inns of Court (Inner Temple, Middle
Temple, Lincoln’s Inn, Gray’s Inn) and the Bar Council.
6. Both solicitors and barristers undergo three stages of training: academic, vocational,
and apprenticeship.
7. Barristers deal with courtroom advocacy, providing specialist advice, drafting legal
documents, and acting as advocates in higher courts.
8. A barrister can consider applying for promotion to Queen’s Counsel (QC or "silk")
after around ten to fifteen years in practice.
9. Yes, the two legal professions can interfere with each other, as solicitors may appear
as advocates in court, and there are barristers who spend time on written opinions rather than
courtroom appearances.
10. Motives that can lead to a fusion of the branches of the legal profession include the
recognition that there are no exclusive tasks for each branch, with both solicitors and barristers
engaging in overlapping activities.
2.
a) Judge: The judge is responsible for ensuring the adherence to the law in the courtroom. He
or she decides on legal objections, interprets the law, and ensures that the trial proceeds
correctly and fairly according to legal standards. The judge also issues the final verdict in a
trial.
b) Solicitor: The solicitor is responsible for preparing the case on behalf of their client. They
gather evidence, interact with clients, draft legal documents, and may conduct negotiations.
During a trial, a solicitor may represent the client in court, but usually relies on the assistance of
a barrister for legal aspects before the court.
c) Barrister: The barrister specializes in representing the client in court. He or she may be
brought into the case by a solicitor to provide assistance in specific legal matters, such as
arguing before the court, giving specialized advice, or representing the client before judges.
Barristers have deep expertise in courtroom practice and are tasked with advocating for their
cases before judges and juries.

3.
a) True -The text mentions that the barrister has the conduct of the business of the client in
specific matters, and they may be called in by the solicitor to provide specialist advice.
b) False- The solicitor has the conduct of the business, and if needed, they may retain a
barrister for specific legal matters. The statement suggests the opposite.
c) True- The text mentions that solicitors have increasingly become the dominant part of the
legal profession.
d) False- The text specifies that there are six core subjects for the final stage of training for
solicitors, not eight.
e) False- In order to become a solicitor, it is necessary to become a member of one of the Inns
of Court, not Inn's Court.
f) True- The text mentions that after around ten to fifteen years in practice, successful barristers
can consider applying for promotion to Queen’s Counsel (QC or "silk")

U.I. 3
1.
1. The judge deals with questions of law.
2. The jurors deal with questions of fact.
3. An example of a question of fact is the issue whether the defendant was at a particular place
at a particular time.
4. Defining the constituent elements of the offence of the theft, for example.
5. The judge and the jury are two distinct entities in a court of law. The judge is responsible for
overseeing the trial and ensuring that the proper procedures are followed. They also make
decisions about all questions of what the law is in relation to the particular case. On the other
hand, the jury listens to the evidence and decides who or what to believe. They decide what the
facts of the case are and are the only ones who can decide whether the accused is guilty or not
guilty. The judge and the jury work together in the legal system, each playing distinct but
complementary roles.
6. When the jury cannot agree on the verdict a new jury will be called and the case will be
retried.
7. It is possible to acquit a convict if ten jurors agree on a verdict, even if the jury consists of
eleven or twelve jurors, or if nine agree when the jury consists of ten jurors.
8. The trial is considered a failure by the trial judge when a case is reopened after eh decision of
the jury because there had been a mistake in the use of the right procedure.

2.
a) The judge deals with questions of fact and the jury deals with questions of law. (False- the
judge deals with questions of law and the jury deals with questions of fact.)
b) The judge is the arbiter of the law. (True)
c) The judge cannot ever exclude the jury. (False- the judge may exclude the jury.)
d) The judge is required to direct the jury to return a verdict of "not guilty" if during a trial a
conviction cannot be sustained in a case. (True)
e) Once the jury is retired, the judge delivers the sentence. (False- the jury retires and it is not
allowed to interfere until a decision is reached.)
f) Acquittal by a jury is sacred. The Courf of Appeal can reopen or reconsider the jury's
decision. (False- The Court of Appeal will not reopen a case or reconsider the decision made by
the jury, unless there had been a mistake in the use of the right procedure.)

3.
a) When the defendant committed a public offence under the effects of medication, the jury will
be called upon to elucidate the facts.
b) At all stages, the role of the judge is passive.
c) The judge has the last word before the jury retires to consider a verdict when he sums up the
case for the jury.
d) The verdict is called perverse when the jury ignores the judge's explanation of the law.
e) Jurors must debate in secret their deliberations about whom they believe and disbelieve.

4.
a) Deals with questions of law- judge
b) Deals with questions of fact- juror
c) Is the arbiter of the law- judge
d) Is the arbiter of the fact- jury

U.I. 4
1
1. They stated that the Geto- Dacians' laws were adopted during the ruling of Burebista, who
sustained that the laws he imposed were inspired by gods.
2. In Dacia there were great landholders that used the labour of the slaves. Besides the
private property, there existed the collective property of the territorial community.
3. The information recorded by Horatio regarding the Geto- Dacians is that they were great
tillers.
4. There was monogamy and the future husband had to bought his bride from her parents. On
the other hand, the future wife had to bring to her new house a dowry consisting in money or
goods.
5. The main disposals considered the defence of the state and of the private property.
Generally speaking, the state was in charge with the justice, but they still applied the system
of the blood revenge.
6.The king Comosycus took care of the organization of trial and the trials.
7.Yes, they used norms of international law, the priests using a certain ritual at the
conclusion of the treaties.

2.
a) În epoca sclavagistă exista o accentuată inegalitate între femei şi bărbaţi.
In the slave era there was a marked inequality between women and men.
b) Respectarea legilor statului asigura libertatea indivizilor.
Compliance with the laws of the state ensures the freedom of individuals.
c) Dezinformarea completului de judecată atrage după sine penalizarea celui în cauză.
The misinformation of the court panel entails the penalty of the person concerned.
d) Unii oameni cred că au numai drepturi în societate.
Some people think they only have rights in society.
e) În ţara noastră nu este acceptată bigamia.
Bigamy is not accepted in our country.
f) Fiind adaptabil, omul a reuşit să reziste transformărilor naturale de-a lungul timpului.
Being adaptable, man has managed to resist natural transformations over time.
3.
1) Iordanes was a Greek historian and geographer. (False- Iordanes was a historian of the
Goths.)
b) Burebista used the fear of gods in order to impose the obedience of the law. (False- they
were inspired by gods.)
e) In Dacia there were slaves who worked on the private properties as well as on the
collective ones. (True)
d) Dacians were polygamous. (False- they were monogamous.)
e) Geto-Dacians used the coin and made trade. (True)
f) They still applied the blood revenge. (True)

4.
 Generation- whole body of persons born about the same time; procreation; production by
natural or artificial process; average time in which children are ready to replace parents
( reckoned at 30 years, as a time measure);
Community- joint, ownership; body of people living in the same locality; body of people
having religion, profession in common;
Adultery- voluntary sexual intercourse of married person with one of the opposite sex, other
than his ar her spouse;
Trade- exchange of commodities for money or other commodities; exportation or
importation of goods from or to home countries, or exchange of commodities of different
countries.

6.
Resemblance: The difference in taste between the two chocolates is quite distinct.
Any: I have none of the required documents with me at the moment.
Collective: The room is designed for a single person, with just one bed and a small desk.
To Strengthen: Continuous stress can gradually weaken the immune system over time.
Polygamy: Monogamy is a common form of marriage, where an individual has only one
spouse at a time.

U.I. 5
1.
1. Yes: The text mentions that civil and criminal proceedings require different courts and
procedures, and the distinction lies in the legal consequences that follow a particular act.
2. The aims are:
• To determine the rights and obligations of individuals in their relations with others.
• Resolving matters like rights arising under a contract, property and succession rights,
obligations for torts (negligence, nuisance, defamation), and issues of status (divorce,
adoption, custody of children).
3. The person is the plaintiff: In civil proceedings, the plaintiff initiates the proceedings and
sues or brings an action against a defendant. The plaintiff seeks a remedy, usually in the form
of damages or possibly an injunction.
4. The general schedule is:
• The plaintiff initiates the proceeding.
• The plaintiff presents evidence.
• The judge, usually sitting alone, delivers a judgment.
5. In divorce proceedings:
• The petitioner requests the marriage dissolution.
• The petitioner seeks a decree against the respondent.
• If the marriage has irretrievably broken down due to adultery, the person accused of adultery
(co-respondent) usually joins the proceedings.
6. The burden of proof implies:
• In civil proceedings, the plaintiff usually bears the burden of proving the facts on which the
claim is based.
• The burden of proof in civil cases is said to be on the balance of probabilities.
• The plaintiff must convince the judge through admissible evidence that is more reliable than
mere statements.

2. a) Different courts and procedures are used for civil and criminal proceedings.
b) Civil law and proceedings aim to determine the rights and obligations of individuals as well
as between each other.
c) Questions of taxation or questions concerning planning or compulsory purchase are rights
that belong to public law.
d) Most civil proceedings are heard by a judge sitting alone.
e) In civil proceedings, the plaintiff usually has the burden of proof.

3.
• In a legal context, "proceeding" refers to a legal action or a series of legal actions taking
place in a court to decide on a legal matter.
• "Procedure" refers to the formal steps or methods to be followed in a legal process or
proceeding. It describes how a case is handled and resolved in accordance with established
rules.
• In legal terms, "case" refers to a legal action or a legal issue that a court examines and
decides upon. It can also refer to a set of facts or circumstances that require resolution through
the legal system.
• "Burden of proof" refers to the responsibility of the party bringing the action (usually the
plaintiff or "plaintiff") to prove the truth of their claims before the court. In civil cases, this
needs to be proved "on the balance of probabilities." In criminal cases, the prosecution bears
this responsibility.
• "Litigation" refers to the process of taking a dispute to court to obtain a legal resolution. This
term generally applies to any legal action, whether civil or criminal, and often involves a
series of legal procedures and court actions.

4.
a) False: The distinction between civil and criminal proceedings is important in understanding
the English legal system. The text emphasizes the differences in courts, procedures, and legal
consequences between civil and criminal proceedings.
b) False: The text states that questions of taxation are of public law nature, not private law.
c) False: In most criminal proceedings, the person beginning the proceedings is not the
plaintiff. It is typically the prosecution, representing the state, that initiates criminal
proceedings.
d) False: Most civil proceedings are not heard by a jury. The text mentions that in most civil
proceedings, the judge sits alone, and juries are rare, especially in defamation cases.
e) False: The text suggests the opposite. It states that the plaintiff must satisfy the judge
through admissible evidence, which is more reliable than mere statements.