Legal English Engleza Juridica.[Conspecte.md]

7/23/2019 Legal English Engleza Juridica.[Conspecte.md]

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UNIT 1

MAGISTRATES IN THE UNITED KINGDOM

In England and Wales there are two types ofmagistrates: lay magistrates1known as lay justices, who havethe title of justice of the peace, and stipendiary magistrates!"he former is a #ody of men and women which has #een ine$istence since the fourteenth century and is called on to passjudgement on their fellow citi%ens, without any real legaltraining! "he latter is a #ody of lawyers, called upon & to dosu#stantially the same jo#, which dates from the eighteenth

century! "hey #oth e$ercise their powers in a less formal courtthan the other courts, known as 'agistrates( )ourts, and dealwith more cases than any other English court of law!

"he main jo# of the magistrates is to deal with* civiland criminal cases which are too trivial to #e tried #y the)rown and )ounty )ourts! "he courts consist of two to sevenunpaid lay magistrates, #ut in some cities professionalmagistrates may sit alone! "he 'agistrates( )ourts of civil

jurisdiction have limited civil jurisdiction, mainly related todomestic proceedings+!

In terms of their criminal jurisdiction the'agistrates()ourts deal with something over +- of all cases!"he English legal system divides criminal offences into threecategories:

. summary offences/is the category of minor crimes

such as minor assaults, #egging, parking offences and less

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minor crimes such as drinking and driving which are triedwithout a jury0

. indicta#le offencesare more serious offences forwhich the police are given a power of arrest and which will #e

tried #y jury0 murder, manslaughter2 and serious fraud 3 allcome within this category0

. a num#er of offences called either way offenceswhich may or may not #e tried #y a jury at the re4uest of thedefendant! "he #est e$ample is theftwhich may involve eithervery small or very large amounts of money!

"he magistrate(s criminal jurisdiction is mainly limitedto summary and either way offences 5where the defendant mayelect not to have a jury trial6! 7nyway, magistrates have animportant role to play in serious criminal proceedings! When aperson is charged with are indicta#le offence, magistrates sit ase$amining justices to decide whether the prosecution(s case isstrong enough to warrant18committing the accused for trial inthe )rown )ourt! "he procedure is known as committalproceedings! "hey also issue arrest and search warrants to the

police! "he civil jurisdiction of the magistrate is limited tominor matters including matrimonial and family matters andthe granting of licenses!

9ustices of the peace are chosen #y the ord )hancelloron the advice of 7dvisory ;oards, that are concerned withrecruiting magistrates from amongst the worthy mem#ers!'any justices of the peace are chosen on the recommendation

of an e$isting magistrate! It seems that others are chosen fortheir #ackground in voluntary work such as in churches oryouth organisations! "hey are not paid a salary #ut receivee$penses incurred11in the performance of their judicial duties!"hey are assisted #y clerks to the justices, solicitors or#arristers of at least seven years(standing, who perform theadministrative work of the court!

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magistrat nesalariat6 stipendiary magistrate > magistrat salariat

&6 to call upon > a chema, a mo#ili%a*6 to deal with > a se ocupa de, a trata despre+6 domestic proceedings > procedur? legat? de juris.

dic@ia intern?/6 summary offence > infrac@iune judecat? An fa@a )ur@ii

'agistra@ilor6 indicta#le offence > infrac@iune grav? judecat? la

)rown )ourt cu jura@ii26 manslaughter > omucidere involuntar?6 theft > furt186 to warrant > a autori%a, a mandata116 to incur > a suporta, a asuma

"he law of criminal procedure regulates the modes ofapprehending, charging and trying suspected offenders0 the

imposition of penalties on convicted offenders0 and themethods of challenging the legality of conviction afterjudgment is entered! itigation in this area fre4uently dealswith conflicts of fundamental importance for the allocation ofpower #etween the state and its citi%ens

When a criminal offence has #een reported, thecompetent authority commences the criminal process #yinvestigating the circumstances! In this phase, relevant

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evidence is collected and preserved for a possi#le trial! "hesuspect also has the right to collect evidence in this favour!

UNIT 2

POLICE POWERS

Bver the past few years, the powers the police have tostop, 4uestion, arrest, search and detain1have undergone majorchanges in the Cnited Dingdom! "he two key pieces oflegislation in this field are the olice and )riminal Evidence7ct, sometimes referred to as 7)E, and the u#lic Brder7ct!

7rrest means the loss of li#erty, #eing su#ject torestraintas to one(s movements! 7n arrest #y the police willonly #e lawful if the arrested person is informed that he or sheis under arrest and told the grounds&for the arrest!

"he police have the power to arrest a person without a

warrant in four different sets of circumstances:. If they suspect that an arresta#le offence has #eencommitted is #eing committed, or is a#out to #e committed!

. If they have a statutory* power of arrest 5moststatutory powers of arrest without warrant were repealed+ #ythe 7ct6!

. If one of the general arrest conditions is satisfied!

. If they wish to fingerprint a convicted person!An arrestable offence is one which carries a sentence

of at least five years imprisonment! "his includes murder,#urglary, theft, criminal damage, rape, and unlawful possessionof drugs! "he 7ct also e$tends arresta#le offences to include,for e$ample, taking a motor vehicle, going e4uipped for theft,indecent assault on a female, corruption and smuggling/!


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#uggerywith a #oy under the age of 1/, and indecent assaultwhich constitutes gross indecency!

In the case of serious arresta#le offences the police havethe power to: set up road #locks0 search for evidence0 detain a

suspect for more than * hours and up to a ma$imum of /hours without charge0 hold a suspect incommunicado2and denyaccess to a solicitor for &/ hours 5a juvenile is still entitled tohave an appropriate adult informed of the detention60 take non.intimate samples without the suspect(s consent 5eg! hair6!

The statutory powers of arrest for certain offencesinclude:

. offences under the u#lic Brder 7ct 12/0

. some offences under the revention of "errorism 7ct0

. trespass18under the )riminal aw 7ct 10

. offences under the Immigration 7ct 11!The general arrest conditionsgive the police the power

to arrest for offences which are not automatically arresta#le! Ifthere are reasona#le grounds for suspecting a person, the policemay arrest him or her if any one of the following conditions

applies:. the suspect(s name is not known and can not #e foundout0

. the given name is #elieved to #e false0

. the suspect has failed to supply an address or has notsupplied an address which is satisfactory for serving asummons11!

. it is #elieved that arrest is necessary to prevent the

person causing injury to self or others, suffering injury, causingloss or damage to property, committing an offence againstpu#lic decency, unlawful o#struction of the highway, or toprotect a child or other vulnera#le person from the suspect!

7 person can #e arrested for fingerprinting if thefollowing conditions apply:

the person has #een convicted of a recorda#le offence,

that is, one defined in regulations0


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the person was never in police detention for theoffence and fingerprints were not taken0

within one month of conviction the person was askedto go to a police station to #e fingerprinted and had not done sowithin seven days!

"he police in all investigations should maintain aschedule1 of all material, meaning not only documents, #utalso articles and information, including material held oncomputer! 7 list of items which are e$pected to #e included inthe schedule should consist in:

interview notes and audio.visual tape recordings0

draft1&

witness statements0 statements taken from potential witnesses0 crime reports0 custody records and associated documents0 other documents or other material containing a

description of the suspect0 any other material of information which the police

officer considers to #e relevant and helpful!

UNIT 3

TRIBUNALS

In the English judicial system two different types ofinstitutions have #een set up1to resolve legal pro#lems: courtsand tri#unals! "he distinction #etween the two is difficult tomake #ecause there is no precise definition of these terms! "heword tri#unal meaning any judicial assem#lyis widely used!"his use of the word would include the courts!

"here is a narrower use of the word, however, which isof greater interest to the law students! "hese institutions fall

into two, large categories:

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Domestic tribunals3 are non 3 state organi%ationsset up as part of the disciplinary procedures of professional orsporting organi%ations0

Administrative tribunals3 are #odies set up #y the

state in order to perform judicial functions as part of theadministration of some government scheme!

7 )ouncil on "ri#unals was initiated as a consultativeand advisory #ody! Its main task is to advise governmentdepartments in setting up administrative tri#unals and to reviewthe construction and working of these institutions! "he )ouncilhas at present almost fifty tri#unals under its jurisdiction:

the Fent&

"ri#unals which settle disputes #etweenlandlords and tenants0 the Education 7ppeals )ommittees which hear

appeals against the allocation of school places #y localeducation authorities0

the Industrial "ri#unals which settle the pro#lemswhich may arise #etween employer and employee, such asredundancy payment disputes, 4uestions of unfair dismissaland the pro#lem of e4ual pay!

"he thorny 4uestion is whether these tri#unals haveonly an administrative role or if they also have an adjudicative+

role! Gowever government departments have a generalinfluence over decision making, so administrative tri#unalsmay not #e regarded as pure court su#stitutes! 7nother 4uestionis whether the tri#unals should make law! "he answer is no,

only the decisions of the courts of law may #e regarded as#inding law! In practice, tri#unals have a strong tendency tofollow their previous decisions and these decisions areregularly reported!

Essentially, the tri#unals have #een set up to relieve/theover.#urdened court system of work which may #e dealt within a less formal way #y e$perts in the particular field!


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them! It this way tri#unals provide a speedier and more e$pertalternative to the court system!

VOCABULARY

16 to set up > a Anfiin@a6 assem#ly > adunare&6 rent > chirie, Anchiriere0 rent?*6 tenant > arendaH0 chiriaH, locatar+6 adjudicative > de adjudecare/6 to relieve > a uHura, a eli#era

'ost ;ills 57cts of arliament6 are measures relating topu#lic policy! "he great majority of these are governmentmeasures introduced #y a 'inister, #ut certain days are setaside for de#ating rivate 'em#ers ;ills 5pu#lic ;illsintroduced #y mem#ers of the Gouse not holding office in theovernment6! In addition, some private ;ills relating solely tomatters of individual corporate or local interest are promoted ineach session #y persons or #odies outside arliament!

;ills may #e introduced #y either Gouse unless theydeal with finance or representation 5when they are introducedin the )ommons6! "hose that pass through all the necessarystages in #oth Gouses receive Foyal 7ssent and #ecome law as7cts of arliament! "he Gouse of ords may not alter afinancial measure, nor may it delay for longer than one year

any ;ill passed #y the )ommons in two successive sessions!

COMMON LAW

Common law1, also called 7nglo.7merican law, is the#ody of customary law, #ased upon judicial decisions andem#odied in reports of decided cases, which has #eenadministered #y the common.law courts of England since the'iddle 7ges! Jrom this has evolved the type of legal system

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now found also in the Cnited

varied from area to area!7fter the Korman con4uest it was William(s successorswho managed to diminish* the opportunity for corruptionamong their officials #y creating a more centrali%ed andspeciali%ed form of government! "his was achieved in part #ythe delegation of royal judicative power to itinerant Ljustices(,organi%ed on Lcircuits(, who would travel round the countryholding sittings+57ssi%es6 to hear and settle/cases waiting to

#e tried in the country towns and enforcethe king(s rights!

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7t the same time as this development of the itinerantcourts was taking place, the impetus2 for more efficient andeffective government created three static, royal courts locatedat Westminster: the )ourt of E$che4uer, speciali%ed in royal

finance0 the )ourt of )ommon leas, which had jurisdiction inordinary litigation0 and the )ourt of Ding(s ;ench which hadjurisdiction over all (wrongs( with the )ourt of )ommon leasand had an appellate18 and supervisory jurisdiction over allroyal justice! "he jurisdiction of these courts was e$tendeduntil what had originally #een an e$ceptional jurisdiction#ecoming common to the whole kingdom! "he law created #ythis jurisdiction was therefore known as (the common law(!

"he third and most modern use of the term (commonlaw( comes into opposition to the notions of (e4uity( andLstatute law(! "he common law means the rules, standards andprinciples created #y the judges which are not e4uity! awyersmust simply learn what the rules at common law are and whatthe rules in e4uity are! In many situations the rules overlap 11

and although the rules in e4uity will prevail1, it is of great

importance that the lawyer #e aware of what the positions is#oth at common law and in e4uity!

VOCABULARY

16 common law > drept comun, drept cutumier6 e4uity > drept natural0 lege nescris?

&6 widespread > r?spMndit0 Antins*6 to diminish > a diminua0 a micHora, a sl?#i+6 sitting > Hedin@?, adunare, Antrunire/6 to settle a case > a solu@iona, a re%olva un ca%, o

cau%?6 to enforce the rights > a valorifica drepturi26 impetus > im#old, impuls6)ourt of E$che4uer > )urtea 'inisterului de Jinan@e

5An 7nglia6

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186 appellate 5jurisdiction6 > jurisdic@ie de apel116 to overlap > a suprapune0 a coincide An0 a Antret?ia16 to prevail > a predomina0 a triumfa

"he sovereignity has the duty of prosecuting those whocommit crimes0 its attorney for the purpose is the prosecutor!"he prosecutor, who performs the function of trial lawyer forsovereignity, has e$tensive resources at his disposal forinvestigation and preparation purposes! Ge is not at li#erty todistort or misuse this information! Ge must discloseinformation tending to relieve the accused of guilt! 7nyconduct of a prosecutor or judge that hinders the fairness of atrial to the e$tent that the outcome is adversely affected is inviolation of the defendant(s right of due process! "he efforts ofthe prosecutor and the court should #e directed toward fairnessand justice!

UNIT 5

EQUITY

In 7nglo.7merican law, the custom of courts outsidethe common law is called e4uity! In origin e4uity providedremedies in situations in which precedent or statutory lawmight not apply or #e e4uita#le! ;y the end of the 1&thcentury

the English king(s common.law courts had largely limited therelief availa#le in civil cases to the payment of damages and tothe recovery of the possession of property!

"he disappointed litigants1petitioned the king, who wasthe Lfountain of justice(! "he king, through his )hancellor,eventually set up a special court to deal with these petitions!"he rules applied #y the )ourt of )hancery hardenedinto law

and #ecame a regular part of the law of the land! "he most

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important #ranch&of e4uity is the law of trusts*, #ut e4uita#leremedies such as specific performance and injunction+are alsomuch used! In case of Lconflict or variance( #etween the rulesof common law and e4uity, e4uity come to prevail!

E4uity thus worked L#ehind the scenes( of the commonlaw action0 the common law principles were left intact, #utthey were superseded/#y e4uita#le rules in all cases!

"his system went on until 12+ when the old courts ofcommon law and the )ourt of )hancery were a#olished, and intheir place was esta#lished a single

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'odern e4uity has #een much assisted #y legislation! "he oldnotion that e4uity protects only property rights has #eenvirtually a#andoned! Kow an employee, for e$ample, can #e#arred from competing18with his employer after discharge or

resignation! 7n injunction may now #e had, where other factorsof appropriateness permit, against threatened injury to interestsof personality, such as civil li#erties, privacy, reputation anddomestic relations

VOCABULARY

16 litigant >!Ampricinat, parte litigant?, acu%ator6 to harden > a 5se6 consolida, a 5se6 Ant?ri&6 #ranch > ramur?, domeniu0 cMmp de activitate*6 trust > tutel?, procur?+6 injunction > ordonan@?, hot?rMre judec?toreasc?/6 to supersede > a Anlocui0 a 5se6 su#stitui6 plaintiff > reclamant 5Antr.un proces civil0 parte

v?t?mat? Antr.un litigiu civil626 to fuse > a se contopi, a fu%iona6 employee > angajat, salariat186 to compete with > a concura, a intra An competi@ie

"he legal systems rooted in the English common lawhave diverged from their parent system so greatly over timethat in many areas the legal approaches of common.law

countries differ as much along themselves as they do with thecivil.law countries! Indeed, England and the Cnited


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THE SOURCES OF THE ENGLISH LAW

7ccording to the solemnity of the form in which theyare made, laws are traditionally divided into two main

categories: written or unwritten! Written law signifies anylaw that is formally enacted1, whether reduced to writing ornot, while unwritten law signifies all enacted law!

Bn the )ontinent the volume of written law tends topreponderate over the volume of unwritten, #ut in Englandunwritten law is predominant, for more of their law derivesfrom judicial precedentsthan from legislative enactment! "womain and two su#sidiary sources of law are to #e mentioned!"he principal sources are egislation and 9udicial recedent0the su#sidiary sources are )ustom and ;ooks of 7uthority!

"he principle of justice is enforced in English law #ythe rule ofstare decisis 5referring to what has #een decidedpreviously6 and this rule has a coercive&or #inding*nature inthe English system! "he rules of common law have #eenevolved inductively from decision to decision involving similar

facts, so that they are firmly grounded upon+

the activities oflitigation and the reality of human conduct! Kew cases leadonwards/to reach forward new rules! In contrast, the Europeancivil law supposes the task of the courts to #e deductive: tosu#sume the present case under a generali%ed and codified rule!


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criminal side of the )ourt of 7ppeal the )ourt could depart

from its previous decisions in the interest of justice! Bn thecivil side it may depart from its previous decisions in threesituations: when there are two earlier conflicting decisions0

when the )ourt(s earlier decisions cannot stand with asu#se4uent decision of "he Gouse of ords0 and when the)ourt(s earlier decision was given per incuriam2! "hesee$ceptions of the rule ofstare decisisunderline the fact that,although the rules of precedent are important in English law,they are not as important as the judge(s o#ligation! "he judgeshave a field of choice in making their decisions, they rest theirjudgements upon the general principles e$ercised in case lawas a whole!

)ustoms are social ha#its, patterns of #ehaviour, whichall societies seem to evolve! )ustom is not solelyimportant asa source of law, for even today some customary rules areo#served in their own right and they command almost as mucho#edience as rules of law in that their o#servance18 is notenforced #y the organs of the a promulga o lege6 precedent > precedent, deci%ie judec?toreasc? ce face

jurispruden@?&6 coercitive > de constrMngere, coercitiv

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*6 #inding > o#ligatoriu+6 to ground upon > a 5se6 #a%a pe, a 5se6 Antemeia pe, a

5se6 sprijini pe 5fig!6/6 onwards > Anainte0 mai departe

6 to depart > a se a#ate26 per incuriam 5lat6 > prin neglijen@? sau omisiune6 solely > numai186 o#servance > respectare0 o#servan@?0 regul?

"he plaintiff #egins his action #y way of a writ ofsummons, which is a formal document containing details of theparties, the plaintiff(s claim, an instruction to the defendant toacknowledge the writ within a specified time and a warning tothe defendant that he must acknowledge and indicate anintention to contest the case or risk the plaintiff proceedingdirectly to a judgment!

Bn the #ack of the writ the plaintiff must set out5(indorse(6 the nature of his claim against the defendant eitherin a #rief, general statement 5a (general indorsement(6 or in a

full statement 5a (special indorsement(6! If the writ containsonly a general indorsement and the defendant wishes to contestthe case, a full statement of claim will #ecome a necessary partof the pleadings which will follow in due course!

UNIT 7

THE BRITISH CONSTITUTION

"he ;ritish )onstitution is not written in a #asicdocument or group of documents! It has evolved over thecenturies with several dramatic changes and high degree ofhistorical continuity has #een maintained as the constitutionhas #een #rought up to date!

"he constitution is regulated1to a large e$tent #y rules

which do not #elong to the normal legal categories and which

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are called constitutional conventions! "hey are rules of politicalconduct or #inding usages, most of which are capa#le of #eingvaried or of simply disappearing as political conditions andideas change!


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not governed #y arliament! "he overnment governs in andthrough arliament! 7t the same time, it would #e erroneous tospeak in terms of L)a#inet dictatorship(! 7 overnmentoperates within a comple$ network18 of constraints restricting

its freedom of manoeuvre!"he constitutional principles, rules and practices of the

Cnited Dingdom have never #een codified! "hey derive fromstatute law, from common law, and from conventions of theconstitution, which are not laws at all, #ut political practiceswhich have #ecome considered as indispensa#le to the smoothworking of the machinery of government!

VOCABULARY

16 to regulate > a pune la punct, a potrivi0 a regla, aajusta

6 Lstrict( law > lege necondi@ionat?, fi$?&6 dichotomy >dihotomie, divi%iune cu dou? p?r@i*6 to pervade > a cuprinde0 a p?trunde 5An6+6 cum#ersome > o#ositor, incomod, greoi/6 omnicompetence > Amputernicire deplin?6 plia#ility > plia#ilitate, fle$i#ilitate26 to forfeit > a pierde prin confiscare6 responsive > An@eleg?tor0 corespun%?tor186 network > re@ea

UNIT 8

THE ACTORS OF THE CONSTITUTION

"he ;ritish monarchy must seem to outsiders acaricature of the traditional conceits: the participants are trustedto play the game, though its rules are undefined, and, if they do

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not a#ide1#y the rules, no#ody knows what the sanctions might#e!

'ost political #usiness in ;ritain is conducted in thename of the )rown! arliament does not govern0 the =ueen in

arliament governs! When arliament reassem#les at the#eginning of a session, the =ueen herself reads out the list oflaws the government hopes to pass! Every #ill that passesthrough arliament needs to have royal assentefore it passesinto law! "he =ueen appoints #ishops, judges and the top #rass*

of the army, #ut always on the advice of the rime minister!When one party wins a majority in the Gouse of )ommons, themonarch has no difficulty in nominating the leader of the partyto #e prime minister! "he =ueen has to work on two principles:she must appear impartial, and must find a government capa#leof surviving in the Gouse of )ommons!

"he Gouse of ords is made up of hereditary and lifepeers+ and peeresses, including the law lords appointed toundertake the judicial duties of the Gouse, the arch#ishops of)anter#ury and Nork, the #ishops of ondon, Ourham and

Winchester and 1 senior #ishops of the )hurch of England!"he main function of the Gouse of ords is to #ring the widee$perience of its mem#ers into the process of law.making!

"he Gouse of )ommons is elected #y universal adultsuffrage and consists of /+8 mem#ers of arliament 5's6!eneral elections are held after a arliament has #eendissolved and a new one summoned/#y the =ueen! When an' dies or resigns or is given a peerage, a #y.election2 takes

place!Jor electoral purposes the Cnited Dingdom is divided

into constituencies, each of which returns one mem#er to theGouse of )ommons! Elections are #y secret #allot! ;ritishciti%ens and citi%ens of other )ommonwealth18 countries,together with citi%ens of the Irish Fepu#lic, may vote providedthey are aged 12 or over, resident in the Cnited Dingdom,

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registered in the annual register of electors for the constituencyand not su#ject to any dis4ualification!

eople not entitled to vote include mem#ers of theGouse of ords, patients detained under mental health

legislation, sentenced prisoners and people convicted withinthe previous five years of corrupt or illegal election practices!

"he Fepresentation of the eople 7ct 12+ e$tends thefranchise11to ;ritish citi%ens a#road for a period of five yearsafter leaving the Cnited Dingdom and e$tends the right toapply for an a#sent vote to all those who cannot reasona#ly #ee$pected to vote in person at the polling1station! 7 candidate(snomination for election must #e signed #y two electors asproposer and seconder, and #y eight other electors registered inthe constituency! Ge or she does not re4uire any party #acking!7 candidate must also deposit P +88, which is forfeited if his orher votes do not e$ceed + per cent of those validly cast!

VOCABULARY

16 to a#ide #y > a respecta, a se conforma 5unei legi,unui regulament6

6 to reassem#le > a re.convoca o Antrunire&6 royal assent > acordul regal0 consim@?mMntul*6 #rass > ofi@eri superiori+6 peer > pair, no#il/6 to summon > a convoca

6 peerage > rang de pair0 pairii, or%ii Fegatului26 #y.election > alegere local?Qpar@ial?6 constituency > circumscrip@ie electoral?0 corp

electoral186 )ommonwealth > repu#lica engle%?, statul engle%116 franchise > privilegiu, scutire0 concesiune16 polling station > centru de votare


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7fter a regulation has #een adopted, there will #e an e$post assessment of whether the regulation actually reali%es itso#jectives! "his may #e a formali%ed assessment, #ut mostoften it is an informal process through pu#lic discussion, press

comments, court decisions, etc! "he result may #e that oneinitiate a revision process, which generally will take the formof a report that concludes whether amendments should #eintroduced, and which is su#ject to a political decision! If thedecision is positive, a draft of the new regulation is developedand is made su#ject to an e$ ante review, #oth with respect towhether political o#jectives will #e reali%ed and to the morelegal technical details of the drafting! "he draft #e thenadopted!

UNIT 9

LEGAL PROFESSIONS

Bf the pu#lic roles played #y mem#ers of the legalprofession, that of judge is most visi#le, #ut the status of judgeand the mode of entry into this #ranch vary considera#ly fromcountry to country! "he traditional independence, prestige andcreativity of the 7nglo.7merican judge contrasts with therather ordinary civil servant status of most continental judges!

"he English judiciary consists of judges of the Gigh)ourt and appellate1courts and comprises the ord )hancellor,

the lord )hief 9ustice, the 'aster of the Folls, 11 ords of7ppeal, 12 lords justices of appeal, the Rice.)hancellor, theresident of the Jamily Oivision of the Gigh )ourt and 28other judges of the Gigh )ourt! "he )ircuit&judges try criminalcases in the )rown )ourts and civil cases in the )ounty )ourtsand they are less than *88! ;y contrast, the 7merican judiciaryis enormous: the federal judiciary 5over 886, Oistrict judges,

who are trial judges 5over +*+6 and the judges of the state court

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systems e$ceeding , +88 though many of these may havelimited jurisdiction! ;esides, 7merican judges operate in a farless centrali%ed system! Kot only does each state have its ownjudicial system within its own #orders, distinct from the federal

system which covers the whole country, #ut even the federalsystem itself is decentrali%ed to a significant degree!

In England there are two distinct kinds of legaladvisors: #arristers* and solicitors+, whereas 7merica has oneprofessional status of lawyer, attorney or counsel! "he English#ar is e$ceedingly small profession! "here are today a#out+,&88 practicing #arristers which is only a#out one.tenth thenum#er of practicing solicitors!

7n important factor that strengthens the cohesiveness/

of this tightly knit profession is that the majority of #arristerspractice in ondon and nearly all have cham#ers in a verylimited num#er of areas! "he English #ar is almost theapprenticeship2 for #ecoming a judge!


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general values and ideas influencing judges in other areas!Cnlike English #arristers, most 7merican lawyers do notregularly appear #efore judges anyhow, and those who do,found themselves #efore a wide variety of judges, state and

federal, trial and appellate! ike judges, lawyers in 7merica areoften more political than awyers in England, and in a variety ofways they play a larger role in the formulation of policy!

"he prosecutor, who performs the function of triallawyer for sovereignity has e$tensive resources at his disposalfor investigation and preparation purposes! Ge is not at li#ertyto distort or misuse this information! Ge must discloseinformation tending to relieve the accused of guilt! "he effortsof the prosecutor and the court should #e directed towardfairness and justice! ;ut it is as much his duty to refrain fromimproper methods calculated to produce a wrongful convictionas it is to use every legitimate means to #ring a#out a just one!

VOCABULARY

16 appellate court > curte de apel6 'aster of the Folls > Heful #aroului&6 circuit judges > judec?tori de circumscrip@ie*6 #arrister > avocat pledant+6 solicitor > avocat, consilier juridic/6 cohesiveness > coe%iune6 cham#er > sediu profesional al avoca@ilor pledan@i

26 apprenticeship > ucenicie6 #ench > scaun judec?toresc186 to doff > a scoate, a schim#a116 retainer > angajat, consilier

UNIT 10

+


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EUROPEAN LAW

"he European )ourt of 9ustice in u$em#ourg, the finalar#iter of European Economic )ommunity 5EE)6 law, is

inspired #y the Jrench )onseil d(Stat! "he system of dividingthe court into cham#ers, and the role of the advocates.generalwho assist the 1& judges, are derived from the Jrench legalsystem!

If the court(s model is Jrench, its functions arefre4uently compared to those of the Cnited


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condemnation! Jour years later ;ritain put into practice aruling that it should accept imports of long.life milk from thecontinent 5mainly Jrance6!

When Jrance delayed applying its ruling, the court

came under pressure to issue a second condemnation under itsemergency procedures! "he court(s refusal to do so was at firstsei%ed upon #y some ;ritish commentators as evidence of thecourt #owing/ to political pressure! ;ut its reasoning.that toissue a second ruling would devaluate the validity of the first.was widely accepted as wise!

"he same reasoning prevailed when the idea of penalsanctions to #ack upcourt decisions was rejected #y EE) legale$perts looking into reforms of the "reaty of Fome designed tohelp speed the 1 project along! "he reforms, in the shape ofthe 12


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vote or a unanimous one in the )ouncil of 'inisters or whetherthe EE) is competent to decide at all! ;ritain is #eingparticularly vigilant!

VOCABULARY

16 to settle a dispute > a solu@iona un diferend6 dissenting > care este An de%acord sau An opo%i@ie&6 ruling > deci%ie 5a unui tri#unal6, sentin@?*6 to set out > a pune An ordine, a sta#ili+6 to dither > a Hov?i, a e%ita

/6 #owing > care se supune6 to #ack up > a face s? dea Anapoi26 antitrust law > lege antitrust6 to draft > a schi@a, a Antocmi un planQproiect

UNIT 11

UDICIAL POWER IN THE UNITED STATES

Constitution of the United States of America

We the people of the Cnited


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which the Cnited


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for the same offence to #e twice put in jeopardy of life or lim#0nor shall #e compelled in any criminal case to #e a witnessagainst himself0 nor #e deprived1&of life, li#erty, or property,without due process of law0 nor shall private property #e taken

for pu#lic use, without just compensation!

VOCABULARY

16 tran4uility > liniHte, pace0 calm6 to ordain > a meni, a soroci, a predestina&6 grant > su#ven@ie, dona@ie0 dar

*6 thereof > de aici0 din aceasta+6 impeachment > punere su# acu%are, acu%a@ie/6 to levy > a recruta, a Anrola, a mo#ili%a0 a percepe a

strMnge 5impo%ite66 aid > sprijin, support, ajutor26 attainder > privare de drepturi civile Hi de proprietate

5pentru o crim? deose#it de grav?66 to a#ridge > a scurta, a reduce, a limita186 presentment > pre%entare, Anf?@iHare116 indictment > acu%are, punere su# acu%a@ie, trimitere

An judecat?, incriminare16 'ilitia > re%erviHti 5An a priva, a lipsi

UNIT 12

LITIGATIONS AND ADUSTMENT

Complaints1 (UK) or claims (US) to purchases mayarise from a delay in delivery, lost goods, damaged goods orthe delivery of wrong goods! )omplaints in connection withpurchases may also arise from the non.fulfilment of the clauses

&8


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in the contract of sale 5default&in carrying out the clauses in thecontract of sale6 #y the supplier or of those in the carriagecontract #y the carrier!

1! Whatever the cause of your claim you should first

refer clearly to the type of the items concerned #y referring toyour own order num#er or to that of your supplier(s invoice *

and then state the nature of your complaint in detail!! Nou may point out what difficulty the mistake has

caused to you! 7 reference to the reputation of the firm mayhelp your complaint in #eing taken into consideration moresympathetically!

&! Nou should ask to have your complaint investigatedand specify what action you want the supplier to take: you as#uyer, are entitled to refuse any goods that are not inaccordance with your order, e$cept as the result of alterations+

made in agreement with your supplier!*! Nou should not use warnings of cancellation or

threats of legal action too li#erally! "ry to reach an amica#leadjustment!

Replies to ComplaintsBn receiving a complaint, you, as vendor, should decide

whether it is well.founded or not! "hen you must write a replyto the complaint! If the complaint is well.founded, you willfirst admit the error and offer a sincere apology assuring yourcorrespondents that you are taking measures to avoid therecurrence of such a mistake! If you feel that the complaint isunfounded you should carefully e$plain why his complaint

cannot #e accepted and endeavour to convince him that he iswrong!

Legal Problems

In small firms, matters such as legal action to #e takenin the case of non.payment of de#t, default in carrying out acontract or a dispute of any kind, are dealt with #y the secretaryon the instructions of, and after discussion with the directors! In

larger firms, they are handled #y the 7ccounts Oepartment/

,

&1


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also after discussion with the directors, who will not actwithout the advice of the firm(s solicitors!

on!fulfilment of Contract

"he failure #y one party to a contract to perform his

part is called a #reach of contract! ;reach of contract may #e#y: renunciation, making performance impossi#le or merelyfailing to perform his part! "he aggrievedparty may either suefor damages or apply to the court for specific performance ofcontract!

"amages

Oamages are the estimated reparation in money forinjury sustained! "he court awards nominal damages as anacknowledgement of a #reach, even if no loss has #eenincurred, while for actual loss suffered it awards su#stantialdamages! "he party #reaching a contract shall #e under ano#ligation to take all re4uired steps to mitigate2 the loss thathas taken place, providing that he can do so without undue

inconvenience or cost!Penalties1#

enalties are round sums which are stated in thecontract 5penalty clause6 and must #e paid #y any party#reaching the contract, #ut they should not #e an attempt toassess the possi#le damage!

)ustomarily, they may #e stated in the contract #y theway of compensation where it is difficult to estimate damagesin advance!

$riber%

;ri#ery and kick#acks11have #ecome common practicein former communist countries! "he spread of democracy mayitself create new incentives for corruption, given the need tofund political parties and election campaigns!

If "hird World countries are often #lamed for the spreadof corruption, developed nations must take their share of theresponsi#ility and #lame, as the corruptors are also

&


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corporations fighting for contracts in military supplies, aircraft,civil works and communications!

"oday, international #odies are #eginning to take stepsto cur# corruption, and the World ;ank has instituted rules that

empower it to investigate corruption complaints and to#lacklist1 companies and governments guilty of large scalecorruption!

VOCABULARY

16 complaint > plMngere, reclama@ie

6 purchase > achi%i@ie, cump?rare&6 default > neAndeplinire a unei o#liga@ii, a unuiangajament0 neplat?*6 invoice > factur?+6 alteration > modificare/6 7ccounts Oepartment > departamentul de Anregistr?riconta#ile6 to aggrieve > a v?t?ma0 a r?ni26 to mitigate > a atenua, a micHora6 undue > nepotrivit, e$agerat186 penalty > penali%are, daun? penali%atoare116 kick#ack > mit?, sprijin #?nesc

16 to #lacklist > a trece pe lista neagr?

There are basically three types of torts:

intentional torts;

negligence; and

strict liability.

An intentional tortis a civil wrong that occurs when the

wrongdoer engages in intentional conduct that results in damages

&&


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to another. Striking another person in a fight is an intentional act

that would be the tort of battery. Striking a person accidentally

would not be an intentional tort since there was not intent to strike

the person. This may, however, be a negligent act. Careless

conduct that results in damage to another is negligence.enerally, liability because of a tort only arises where the

defendant either intended to cause harm to the plaintiff or in

situations where the defendant is negligent. !owever, in some

areas, liability can arise even when there is no intention to cause

harm or negligence. "or e#ample, in most states, when a

contractor uses dynamite which causes debris to be thrown onto

the land of another and damages the landowner$s house, the

landowner may recover damages from the contractor even if the

contractor was not negligent and did not intend to cause any

harm. This is called strict liabilityor absolute liability. %asically,

society is saying that the activity is so dangerous to the public that

there must be liability. !owever, society is not going so far as to

outlaw the activity.&udge: is the final arbiter of the law wich has the duty to

maintain order in court and give a verdict.

&ury is a group of local citi'en is the fact finder in mosttrial. Their (ob is to listen all evidences presented at trial and todecide the fact the (ury decide the law.

)inds of law in usa:

*.constitutional law: wich are the supreme sources of law.Itcovers areas of law such as the relationship between the federalgovernment and state governments, the rights of individuals, and

other fundamental aspects of the application of governmentauthority in the United States.+.statutory law: is written lawset down by a body oflegislatureor

by a singular legislator!. Statutesmay originate with national,state legislatures or local municipalities.Statutory laws aresubordinate to the higher constitutional lawsof the land andothersources of law.. administrative law: the federal states and local legislature all

create administrative agencies wich have the force of law.

-.case law is created by the (udicial branches of government and

&*
https://en.wikipedia.org/wiki/Lawhttps://en.wikipedia.org/wiki/Legislaturehttps://en.wikipedia.org/wiki/Legislaturehttps://en.wikipedia.org/wiki/Legislaturehttps://en.wikipedia.org/wiki/Legislatorhttps://en.wikipedia.org/wiki/Legislatorhttps://en.wikipedia.org/wiki/Statutehttps://en.wikipedia.org/wiki/Municipalityhttps://en.wikipedia.org/wiki/Municipalityhttps://en.wikipedia.org/wiki/Constitutional_lawshttps://en.wikipedia.org/wiki/Sources_of_lawhttps://en.wikipedia.org/wiki/Sources_of_lawhttps://en.wikipedia.org/wiki/Lawhttps://en.wikipedia.org/wiki/Legislaturehttps://en.wikipedia.org/wiki/Legislatorhttps://en.wikipedia.org/wiki/Statutehttps://en.wikipedia.org/wiki/Municipalityhttps://en.wikipedia.org/wiki/Constitutional_lawshttps://en.wikipedia.org/wiki/Sources_of_law


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each state create their own case law

house of commons are the lowerhouse of british parliament s

main place where legislation and other decision of government arecriticice'.

their main work includes making law controlling finance only withthey permission government can spend money

Speaker: is person wich is elected at each new parliament wichhave the main purpose to preside over the house and enforce the

rules of order

Legal English Engleza Juridica.[Conspecte.md]

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