ENGLEZA PENTRU JURISTI

PART 1: THE ENGLISH LEGAL SYSTEM

1.The Inns and Outs

Who does what?

Test your knowledge:Answers: 1-D; 2-G; 3-F; 4-A; 5-C; 6-H; 7-I; 8-J; 9-B; 10-E

Lawyers Face the Free Market Test

Vocabulary items:deregulation = changecost-effective = financially efficientconstrained = limitedsafeguarded = protectedare bound = are obligedbarrister = avocat pledantancillary = subordinate, secondaryjurisdiction = putere judiciaraexpertise = competenceLegal Ombudsman = a Parliamentary Commissioner who investigates complaints against government departmentLay Observer = observator profan, nespecialistconveyancing = cesiune

Categories: 1-C; 2-B; 3-D; 4-A; 5-C

Vocabulary search:financially efficient = cost-effectiveto work (as a lawyer) = to practice in the legal professionrestricted = constrainedprotected = safeguardedpleading in court = advocacythe right to appear in court as an advocate = the right of audiencestep/level = certificateto give/to grant = to issuepertinent = relevantqualified or suitable for something = professionalto keep = retaina person who acts as an intermediary in the buying and selling of property = estate agent

a person who acts as an intermediary between the general public and the Stock Exchange = stockbrokerto handle = to deal withto get rid of = to abolisha Parliamentary Commissioner who investigates complaints against government departments or large organisations = Ombudsmanto reexamine = investigatelaws or rules intended to protect someone or something from being harmed = jurisdictionacknowledged = eligible for appointmentspecial skills or knowledge acquired by training, study or practice = practice(someone who is) not a member of the profession = non-lawyerto make (something) difficult by placing obstacles in the way = to hinder

Crown Prosecutors, an Example of Change

Definitions:a Crown Prosecutor = a prosecutor of the Royal serviceto prosecute = to initiate and conduct legal proceedings a) a da in judecata: Mary Whitehouse successfully prosecuted the editor of the newspaper.b) a reprezenta acuzarea, a acuza: Mr. Woodby always defends, he never prosecutes.prosecutor = acuzator, procuror“lower” courts = courts of justice of minor importancerights of audience = rights of practice in the courta solicitor = (only in the lower courts) a solicitor is a lawyer who gives legal advice and prepares legal documents and cases; consilier juridic, jurist, avocata local authority = a public figure of the local communitythe “duty solicitor” scheme = a schedule for solicitors to be on dutyto take instructions = to receive instructionscriminal case = legal case that has to do with conviction (not civil)

Rearrange the text: The Crown Prosecution service was set up in October 1986 as a result of a Royal

Commission that looked into the idea of separating the investigative process and prosecution itself. Now, however, a powerful national service exists that is completely independent from the police. Before the police had the responsability for both. There were, in fact, several means of obtaining solicitors to prosecute: some, for example, employed solicitors and the police had the same role as a private client.

To conclude, it may be said that this service is working well despite a lack of funding and some difficulty in recruiting staff.

2. The Arms of the Law.

The Judiciary. Magistrates

Definitions:the judiciary = sistem juridicLord Justice = lord is the title used in front of the name of judge, bishops (episcop), and officials of high rank; e.g. the Lord Mayor of London; the Lord Chief Justiceappeal = apel, recursLord Justice of Appeal = judecator la Curtea de ApelJustice of Peace = judecator de pace; A Justice of Peace is an officer of the Court who judges cases that come before the lower courts.stipendiary = salariat; (as an adj.) cu salariu: stipendiary magistratea magistrate = is an official who acts as a judge in a law court which deals with minor crimes or disputesoffence = delict, infractiune; An offence is a crime.assault = ataccrime = delictjury = juriu, totalitatea juratilorindictable = pasibil de urmarirea penala, care cade sub rigorile legiimanslaughter = omor prin imprudentato commit = a trimite la inchisoare; a condamnacommittal = arestarewarrant = mandatto issue = a emitebetting (shop) = agentie de pariuripanel = comisie, comitet, grup de specialistiexpense = cheltuieli care se deconteaza; at someone`s expense = pe cheltuiala cuivato incur = a face datorii; business expenses that arise / incurred outside the office

Vocabulary search:not an expert (adj.) = layto handle = deal withpetty = marunt, neinsemnat, meschin, trivialinfringement of the law = criminal jurisdiction; incalcare, violaresoliciting money or goods = offenceoffence that is tried in the Common Court = indictable offencemurder with mitigating circumstances or no mens rea = manslaughterstealing money, property or goods = theftsum = amountto choose = electto justify = to warrantdocument authorising the arrest of a person or a search of his property = warrantpermission to do something that would otherwise be unlawful = licensethe head of the judiciary = the Lord Chancellordeserving = worthythat arise = incursomething which proves the existence (or non-existence) of a fact = evidence

helped = assisted

Guided summary:A lay magistrate, otherwise known as a Justice of the Peace deals with civil and criminal cases that are not serious enough to go as far as the Crown or County Courts. Unlike stipendiary magistrates, who receive a stipend and are allowed to sit alone, they can claim only expenses that arise in the course of their judicial duties. Magistrates handle all summary offences as well as some "either way" offences, where the defendant prefers a case without a jury. They also decide which cases should be referred to the higher courts, during what is termed committal proceedings.

Police Powers

Vocabulary items:offence = delict, infractiuneto repeal = a abroga, a revocaburglary = spargerefingerprint = amprentasmuggling = contrabandawarrant = mandat de arestaremanslaughter = omor prin imprudentareckless = nesabuitharm = vatamare, primejduirecharge = accusationevidence = sample (proba)under (the Public Order) = sub incidentarecord = cazierconspiracy = uneltireinterference = amestec, ingerintasummon = citatie

Translation:1. Rape is an offence that carries a sentence of at least five years.2. Police powers undergo changes at present.3. Arsony for criminal purposes is considered as serious a crime as theft.4. The texts regarding arrest without warrant are going to be modified.5. He is suspected by the police of drugdealing.6. Every time he is being asked a question, he pretends he hasn`t heard or seen anything.7. Police is going to question the suspect tomorrow.8. How annoying! This young inspector is always about to require house-search, even when it is not necessary.9. In England, fingerprints are taken at the Commissariat.10. The increasing number of criminal offences in Romania starts worrying the authorities.

3. The Court System

The Different Courts

What goes where?The Initiation of a Case = to sue someone for damages, to bring an action to Court for compensationThe Parties to a Case = the plaintiff, the defendant/the accusedThe Judgment = to prosecute, to fine the defendant, to find for the plaintiff, to sentence the accused, to award compensationsThe Appeal = to reverse a decision, to quash a conviction, to order a new trial, to substitute an alternative verdict

The right terminology:prosecuted = suedaccused = plaintiffthe plaintiff = the accusedawarded him damages = sentenced him toreverse his conviction = substituted an alternative verdictplaintiff = defendant

Tribunals

Translation:1. In the fifties a Parliamentary Commisssion drew up a report on the system of tribunals.2. During the nineties the European Court became more and more important.3. A lot of judicial reforms were carried out in the last fifteen years.4. Only in June 1990 the government took a vote on ten Acts as regards education.5. It`s for the first time that this landlord sued the tenant at law.6. He hasn`t received but the rent for a month this year ... and it`s already October.7. The hearing has been lasting for three hours. / The hearing has been on for three hours.8. The council was created on the basis of the report of the Commission.9. The public ignored the existence of the adjucative councils during their creation.

4. The Job Market

What`s Right For You?

Vocabulary items:litigation = litigiu, proces, judecataliaison = legaturapractice = birou

Vocabulary search:A consilia = to adviceCautat = seeked

Provocare = challengeVolum de munca = volume of workDisponibil = availableInsolvabilitate = insolvencyAdministrator judiciar = administrative receiverDrept penal = criminal lawExperienta = practiceConsilier fiscal = tax consultantFormatie = teamConceput = conceivedAmeliorat = enhancedArbitraj = litigationRetea nationala = nationwide networkGama larga = wide rangePertinent = competentA evalua = to assetStagiar = trainee, articled

Definitions:Scheme = projectCareer advancement = promotionAssociate partner = another solicitor working in the same businessAdministrative receiver = legal administrator; administrator judiciarInsolvency = the state of a person or organisation that does not have enough money to pay their debtsRewards = recompensa, rasplataCorporate tax = taxes paid by corporationsBonus = an extra sum of money as a reward for work well done; primaArticles = the period of being a trainee; stagiaturaApplicant = a person who wants to get a job

Applying for a Job

A Curriculum Vitae: 1-D; 2-C; 3-G; 4-A; 5-E; 6-F; 7-B

PART TWO: LEGAL CONCEPTS

1. The Common Law

Definitions

The common law = the general legal system

Jurisdiction = jurisdictie; the power that a court of law or someone in authority has to carry out legal judgements or enforce lawEquity = a) echitate, dreptate; b) jurisprudenta bazata pe legea nescrisa / dreptul antioal; the principle used in law which allows a fain judgement to be made in a case where the existing laws do not provide a reasonable answer to the problemStatute = act legislativ; lege adoptate de parlamentStatute book = cod penal; culegere de legi votata de parlamentTo atomize = divided into a lot of small parts; a se pulveriza, scindaJutes = Low-German tribe that settled in Britain in the 5th-6th cent.Intestate [intesteit] = die without leaving a will; fara a lasa testamentTenure (of land) = in the legal right to live in a palace or use land or buildings for a period of timeTenants in chief = Norman noblemen given their land by the king who presided the feudal courtsTenant = chriasSelf-seeking = egocentric, egoist, interesatPatrimonial rights = patrimoniu, mostenire, avereJudicative = judicialA sitting = is an occasion when an official body such as a law court has a meeting; reuniune, sedintaRevenue = venitForfeiture = pierdereAmerce = a) (law) punish by fine; b) punish arbitrarilyTo resent = to revolt e.g. If you resent something you feel bitter and angry about it; a se indigna, infuriaImpetus = impuls, avantExchequer = Ministerul de FinantePlea = a formal statement by or on behalf of the defendant; pledoarie. A plea is the answer which someone gives when they say they are guilty or not.Appellate = law (especially of a court) concerned with or dealing with appeals (The Court of Appeal)To supplant = to take their place; a inlocuiAt the outset = de la inceput

Matching: 1-D; 2-H; 3-I; 4-E; 5-A; 6-J; 7-C; 8-B; 9-F; 10-G

The Nature of the Common Law

Language Focus: Prepositions1. The judges used to sit on the Assizes.2. Offences to the person include murder and rape.3. The criminal is to be tried for manslaughter.4. When a barrister is admitted to the profession, we say that he is called to the bar.5. In common law a mistake only prevents the formation of a contract if it is a

fundamental mistake of fact.6. A good lawyer must know which rules apply both to common law and equity.

7. The drunken driver was put under arrest.8. The suspect was held in custody before being released on bail.9. The Court of King`s Bench had first instance jurisdiction over all wrongs.10. A suit now refers to any type of court proceedings though its original meaning was a

suit for equity rather than an action of law.11. For the winding up of a firm a liquidator is appointed.

The Writ System

Writ = ordonanta, dispozitieIndorse (endorse) = confirm,, sign; write an explanation on the back of a documentPleading = pledoarieOnerous = difficult and unpleasant; oneros, impovarator

2. Equity

Equity and the Common Law

Vocabulary search:Not the same = no more thanAt the beginning = originallyTo obtain = to acquireRemedy / the act of making right = to redressA person party to a court action = litigantSatisfaction = reliefA court order telling a person that he must fulfil his obligations under a contract = injunctionTo be victorious / to take precedence = to prevailTo resist = to defyComplicated = intricateTo replace = to supersedeTo make law = judicature A person applying for redress against another person in a law suit = plaintiffPure / simple = idleTo count on = rely onEviction = ejectment A conveyance of land giving full possession to a person for a fixed period = leaseAgreement / promise = covenantResponsible in law = liableNon-respect of an agreement = breach

Definitions:An injunction = a judicial order restraining a person from an act or compelling redress to an injured partyThe "fountain of justice" = the supreme justice

"Conflict or variance" = disagreementthe Court of Chancery = the supreme / Royal court of justicea tenant = a person who rents land or property from a landlordequity = natural justice

Translation:1. Modern law is complex as compared to equity.2. Equity is part of the common law.3. The British legal system is the best in the world.4. Lawyers play an important part in contemporary society.5. In the Middle Ages the king, as the fountain of justice, acted / was very often as both

the judge and the judiciary.6. In 1875 the English Judiciary changed and "common injunctions" were abolished.7. In Paris the angry landlord and the tenant that doesn`t pay his rent are typical litigants

in the court of law.8. I love law, especially commercial law.9. Contemporary law students are the future lawyers and we call upon them to study the

use of the article in English.

3. The Doctrine of Precedent and Case Law

The Rules of Precedent

Vocabulary items:Practice statement = a statement made in the course of trials; no legal statementAdmonitory (admonition) = warning, rebuke; dojana, admonestareObiter dicta = (a thing said by the way by a judge) not essential, without binding authorityA counsel = is a lawyer who gives advice on a legal case and fights the case in court; e.g. That is one of the arguments that is used by defense counsels.

Answer the questions:1. The Acts of Judicature of 1873-1875.2. A judge`s decision in a particular case constitutes a "precedent".3. Binding decision = compulsory; persuasive decision = consider it is material, but not

binding4. The parts of a decision regarding as binding are called the ratio decidendi of the case;

persuasive = obiter dicta5. The Court may depart from its earlier decision when it thought it right to do so.6. 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).

Language Focus: The Passive: Translate into English:

1. At the beginning of the century the Courts of Appeal (Appelate Courts) were compelled to apply the doctrine of precedent.

2. The doctrine of precedent was considered as binding.3. Indeed the English law is based on the principle of stare decisis (in other words, what

was decided previously must be obeyed).4. The judge was compelled to state his verdict on account of a precedent case that was

already judged.5. Starting 1966 a relaxation is to be noticed.6. The English judges were allowed to depart from a previous decision for the sake of

jurisdiction.7. Nevertheless, there are only three instances when a departure from previous decisions

can be made.8. It must be noted that only a part of a judgement is taken into account.9. Any proposition of law found in the judgement that is not related to ratio decidendi is

called obiter dicta.10. All along this text many judicial aspects were brought up.

4. Statute Law

Strikes: The Position at Common Law and Statute

Vocabulary items:Go-slow = greva cu incetinirea ritmului de lucruWork-to-rule = greva japonezaTo withhold = a retineFall due = i se cuveni, a-i reveniRepudiatory = a repudia, a respingeTo detract = a scadea, a diminuaRecourse = recurgereNotice = atentionare, avertizareRescission abrogare, anulareRedundancy = concediere, reducere de personalTo accrue = a se acumulaConcession = concesie

The vocabulary of industrial action:

1-G; 2-L; 3-J; 4-K; 5-O; 6-B; 7-E; 8-D; 9-N; 10-M; 11-A; 12-C; 13-H; 14-F; 15-J

Language Focus: Linking Words: Dar = butDe fapt = in factCu toate ca thoughAsa cum = as

Mai mult / in plus = moreoverTotusi = howeverAltfel = but only thatLa fel = any more thanDeoarece = sinceDin aceasta cauza = therebyDaca da … sau nu = whether or notIn timp ce = duringAsa incat = in thatIn acest scop = hereBineinteles = indeed

Translation:1. As Mr. X took part in a go-slow strike 10% of this month wage will be withheld.2. Although the workers preceded the strike by a notice they are liable of breach of

contract.3. Moreover, common law enhances the illegal character of the strikes.4. In fact, it is difficult to state / assert that the state adopts a neutral stand regarding

industrial actions / in its attitude toward strikes.5. Even lesser forms of industrial action, such as work-to-rule or go-slow, are punished

by law.6. The strikers that give a notice simply want to "break" the contract trying to keep the

contract alive as long as the employer does not exercise his right of rescission.7. If an employee thinks he is the victim of unfair dismissal whether or not he took part

in a strike, he can, of course, ask for a judicial decision (an industrial tribunal has jurisdiction to hear his complaint).