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1. PARTICIPANTS IN A TRIAL

The Parliament in Great Britain has the role of making the laws, which are interpreted bythe law courts or the courts of justice. The British legal profession includes two members: thesolicitor and the barrister.

The solicitor is consulted if a person needs the assistance of a law for a certain problem,like: a divorce, a fight with the neighbours, setting of a business, to make a will or to sell aproperty. The barrister is consulted if a person has a more serious and difficult problem, whichneed to be judged in a civil or criminal court of law. This will represent him in the court andwill plead for his case. The barrister will take part in the trial as part of the ouncil for theProsecution, as council for the plaintiff, or of the ouncil for the defence, as council for thedefendant.

The main role in a trial is held by the judge, who is in charge of the followingresponsibilities: to conduct the proceedings, to point out the matters which have to be clarified,to ask !uestions to the parties and witnessesl to e"amine the documents and the evidence, to

present the summary of the case to the jury, to interpret the laws and to pass the sentence. The

jury is formed by twelve persons, called jurors, aged between #$ and %& years old. The jury isalways present in a criminal court and sometimes in a civil court and has the role ofunanimously giving the verdict 'Guilty' or '(ot guilty' )if the jury can*t reach an agreement,then a new jury has to rejudge the case+.

n a criminal case, according to the -nglish law, a person is considered innocent and isnot accused of robbery or murder until his guilt is proved. or this, the two parties usually bringwitnesses, who are called into the court by the barristers, in a witness bo", where they are askedto swear on oath and then say what they saw, not what they heard from other persons.

The court system in the us is formed by the /0 0upreme ourt and over eighteenthousand other 1merican smaller courts, like the Trial courts, the 1ppellate courts and the2istrict courts. -ach state has a specific court system.

The lowest level of the court system is represented by the Trial courts, or lithe courts offirst instance', possessing original jurisdictionl which is the power of being the first court tohear a case. The role of these courts is to take evidence, listen to witnesses and decide what istrue and what is not, handling both with civil and criminal matters. The decisions in this courtare made by a judge or by a jury, made up of citi3ens selected from the community. 4ost of the

parties involved in a civil litigation demand a judge and not a jury to take part in a trial, becausethe decision is reached faster by the judge.

The 1ppellate courts are charged with the responsibility of reconsidering the decisionsmade by a Trial court, if the defendant re!uests it. t makes a review to ensure that there is noerror in the interpretation of a law, by using only judges and not jury.

The 2istrict courts deal both with criminal and civil matters, the so called diversity cases,like suits between parties from different states, when the amount in controversy is over56&,&&&, the approval of passports, the solving of the federal prisoners* cases and thenaturali3ation of the immigrants.

1ccording to the 1merican law, rooted in the Bill of 7ights, the rights of persons accusedof crimes are meant to protect the individual from the arbitrary use of police power. 1n accused

person has the right to representation by a lawyer, who is compulsory provided by the state tothose unable to afford one.

B10 891B/17;law < $. body of enacted or customary rules recogni3ed by a community as binding= #.

one of these rules= >. their controlling influence, jurisprudence= law as a system )court of low+

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or science )to read law+= ?. one of the branches of the study of law, the lows concerningspecified deportment )commercial law+

member < $. person belonging to a society= #. 4P )one formerly elected to toke part inproceedings+, member of Parliament=

legal < $. re!uired or appointed by law= #. based on, occupied with law

barrister < is called to Bar and has the right to participate as advocate in superior courtssolicitor < member of the legal profession, competent to advise clients, instruct andprepare causes for barristers, but not to appear as advocate e"cept in certain lower courts

dispute < controversy, debate, difference of opinionwill < the declaration of a person*s wishes regarding the disposal of his property after his

deathto set up a business < to start a businessto sue somebody < to bring somebody to court= to bring@enter an action against somebodyto plead < to address court as advocate on behalf of either partyto plead )not+ guilty < to deny, confess liability or guilt liabilityto represent somebody < to act as embodiment for, to stand for, to be entitled to speak for

somebodyplaintiff < party who brings suit into court of lawdefendant < person sued in lawAsuit

judge < public officer appointed to hear and try causes in courts of justiceto preside < to e"ercise controlevidence < information, statement, proof )given personally or drawn from documents+

admissible as testimony in court to establish the factsto rule < to give judicial or authoritative decision= to keep under control

jury < body of twelve persons who try final issues of fact in criminal or civil cases andpronounce the verdict

to make the summingAup < to make the review of evidence or argument )especially ofjudge after both sides have been heard+

to summon < to demand the presence of, to call upon, to appearto return a verdict < to communicate a verdictwitness < person whose e"istence, position, state, serves as testimony or proof and who

gives sworn testimony in low courtto swear something on an oath < to state something by a solemn appeal to Godto hear < to listen judicially tohearsay < what one hears, but does not know to be trueto pass a sentence < to give a sentenceto agree on a verdict < to pronounce a verdict

to reach agreement < to have on accordance in opinion0;(9(;40dispute < controversy, debateto set up < to startto plead guilty < to confess guiltto plead not guilty < to deny guiltcounsellor < adviserto iudge < to try

proceeding < piece of conducteyeAwitness < bystander

case < couse, suitwitnessAbo" < dock

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1(T9(;40legal A illegal

plaintiff A defendantdefence A prosecution

straightforward indirect

$.Answer the questions:

$. Chen will a person consult a solicitorD#. Chen does a person appeal to the services of a barristerD>. Cho are the participants in a criminal courtD?. Cho may a barrister represent in a courtD6. Cho presides over a court in -nglandD%. Chat does a jury consist of DE. Chat are the duties of a juryD

F. ow long is the accused person supposed innocentDH. Chat is the role of a witnessD$&. Chere is the evidence givenD$$. Chat is 'hearsay' evidenceD$#. s 'hearsay' evidence token into consideration in -nglish law courtsD$>. Cho posses the sentence on the accusedD$?. Chat is the role of the Bill of 7ights in the /0 law )ourtD$6. Chat kind of rights does it refer toD$%. Chat is the structure of the court system in the /0D$E. Chat is the role of the Trial courtsD$F. Chat is the meaning of the 'original jurisdiction'D$H. Cho takes decisions in a trial courtD#&. Chat is the role of an 1ppellate courtD#$. Chy does an 1ppellate court not use a juryD##. Chat kind of matters do the 2istrict courts deal withD

#. Fill in the blanks with the missing words:

a+ ivil cases are brought by a plaintiff against a ......... .b+ The ......... consists of twelve people selected at random from the lists.c+ irst the council for the ......... presents the case.

d+ ......... plead his case in court.e+ /nder -nglish low, a person is considered innocent until his ......... is proved.f+ 1ccording to the court system in the /0, each state has a ......... court system.g+ The decisions in Trial court are made by a ......... or by a ......... .h+ The 1ppellate courts ......... the decisions made by a Trial court.i+ The 2istrict courts deal both with ......... and ......... matters.

>. Which of the following sentences are true and which are false? Correct the false ones:

a+ ivil cases are brought by a plaintiff against a defendant and the lawyers, who act foreach side, will hire solicitors $& plead the case in court.

b+ 1 jury consists of twenty people selected according to a special procedure.c+ The judge may intervene at any point and ask !uestions to clarify matters.

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d+ t is the judge*s duty to conduct the proceedings, interpret the laws and give the verdictof 'Guilty' or '(ot Guilty'.

e+ The witness must not swear on oath on giving evidence before the jury.f+ The decisions in a Trial court in 1merica are always made by a judge and by a jury.g+ The role of the 1ppellate courts is to take evidence, listen to witnesses and review the

written records of the lower courts.h+ The Trial courts form the lowest level of the court system in the /0.i+ The Bill of 7ights protects the individuals from the wrong use of police power.

?. Here are some expressions connected with a law court trial. ut them in the rightorder:

a+ to bring somebody to courtb+ to accuse somebody of somethingc+ to return a verdictd+ to give evidencee+ to pass a sentence

f+ to arrest on a charge ofg+ to plead guiltyh+ to commit a crimei+ to prosecute

j+ to win a casek+ to release on bail

6. What do !ou call a person who:

a+ pleads a case in courtb+ undertakes legal business for ordinary peoplec+ gives evidence in triald+ is summoned to court to give a verdict in a casee+ presides over a magistrates* courtf+ is brought to the court on the initiatives of the parties

MAGNA CARTA

1n island on the Thames between 0taines and Cindsor had been chosen as the place ofconference: the Iing encamped on one bank, while the barons covered the marshy flat, stillknown by the name of 7unnymede, on the other. Their delegates met on the island betweenthem, but the negotiations were a mere cloak to cover John*s purpose of unconditioned

submission. The Great charter was discussed, agreed to and signed in a single day )$#$6, June$%+.9ne copy of it still remains in the British 4useum, injured by age and fire, but with the

royal seal still hanging on the brown, shrivelled parchment. t is impossible to ga3e withoutreference on the earliest monument of -nglish freedom which we can see with our own eyesand touch with our own hands, the Great harter to which from age to age patriots have looked

back as the basis of -nglish liberty. But in itself the harter was no novelty, nor did it toestablish any new constitutional principles. The character of enry the irst formed the basis ofthe whole and the additions to it are for the most part formal recogniK tion of the judicial andadministrative changes introduced by enry the 0econd. But the vague e"pressions of the othercharacters were now changed for precise and elaborate provisions. The bounds of unwritten

custom, which the older grants did little more then recognise, had proved too weak to hold the1ngevins= and the baronage now threw them aside for the restraints of written law.

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t is in this way that the Great harter marks the transition from the age of traditionalrights, preserved in the nation*s memory and officially declared by the Primate, to the age ofwritten legislation, of parliaments and statues, which was soon to come. The church had shownits power of selfAdefence in the struggle over the interdict, and the clause that recognised itsrights alone retained the older and general form. But all vagueness ceases when the harter

passes on to deal with the rights of -nglishmen at large, their right to justice, to security ofperson, to good government. '(o freeman', run the memorable article that lies at the base ofthe whole judicial -nglish system, 'shall be sie3ed or imprisoned, or dispossessed, or outlawed,or in any way brought to ruin: we will not go against any man nor send against him, save bylegal judgement of his peers or by the law of the land'. 'To no man will we sell', runs other, or'delay, right or justice'.

1dapted from '1 0hort istory of the -nglish People', by J.7. Green

2. SOLICITORS AND BARRISTERS

The legal profession in -ngland and Cales is divided into solicitors and barristers. Theduty of the solicitor is to give advice and to lead the business of the client. e will also have a

barrister to care of a specific matter of the client*s business. The solicitors have the right to abrief council, who will be called in if the situation re!uires, in order to give specialist advice, todraft documents or to act as advocates in the higher courts. e is the one who will entitle the

barrister to act as an advocate in the higher courts.The solicitors have been usually considered the junior part of the legal profession, but

have increasingly become the dominant part of it. They are only admitted for practice if theycomplete three stages of training: the academic stage, the vocational stage and theapprenticeship. The academic stage of training is satisfied by the completion of a !ualifying lawdegree containing the si" core subjects or by passing the ommon Professional -"amination.The si" core subjects are onstitutional and 1dministrative aw, ontract, Tort, riminal aw,and aw and -!uity and Trust. The last stage consists of a two years apprenticeship to anestablished solicitor and can be regarded as the clinical stage of training. n this stage, theylearn various skills that are necessary for a solicitor, like managing an office, interviewingclients, writing letters, instructing counsel and handling money. 9nce admitted, the solicitor isre!uired to maintain a practising certificate, for which a substantial annual fee is charged.

The governing bodies of the barristers are more comple" then those of solicitors. irst ofalt in order to become a barrister, it is necessary to become a member of one of the nns ofourt, like the nner Temple, the 4iddle Temple, incoln*s nn or Gray*s nn. Though

admission to the Bar is still largely the domain of the individual nns, the formal education of atrainee barrister is centralised through the nns of ourt 0chool of aw. 1nother governingbody for barristers is the Bar ouncil, which is the barristers* elected representative body.

ike in the case of solicitors, the training of barristers is divided into three stages:academic, vocational and apprenticeship. The re!uirements of the academic stage are the samewith those of the solicitors. Barristers work in offices, in groups of between twelve and twentysharing services notably of a derk, but also secretarial and other services. -ach chamber isre!uired to have at least one clerk, who performs the functions of office administrator andaccountant, business manager and agent. 1fter around ten to fifteen years in practice, asuccessful barrister can consider applying for promotion to Lueen*s ounsel known as 'silk'from the material of which the Lueen*s ounsel formal gown is made.

The distinction between the two branches of the legal profession is an artificial one. nfact, there are no tasks e"clusive to one branch. 0olicitors regularly appear as advocates in the

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law courts and sometimes in rown ourts, which are geographically remote from barristers*chambers. -!ually, there are many barristers who very seldom appear in the court, spendingtheir time on written opinions on the law. 9ver the years, there has been debate on the fusion ofthe two branches of the profession.

B10 891B/17;fusion < the result of fusing= a coalition of ideas, conceptsl bronches, parties etc.advice < an opinion or recommendation offered as guide to action, conduct etc.to draft < to draw the outlines or plan of= to sketch= to drow up in written form, to

composecircumstance < a condition, detail, part or attribute, with respect to time, place, manner,

agent etc. which accompanies, determines, or modifies a fact or event= a modifying orinfluencing factor

senior < more advanced in age or older in standingl superior in age or standing to, ofhigher or highest degree

to carry out < to put )principles, instruction+ in practice

task < piece of work imposedto handle < to manage )thing, person+)to+ brief < $. summary of facts and law points of a case drawn up for counsel= #. to

instruct )barrister, solicitor+ by brief, employcompletion < the act of completing= fulfilmentapprenticeship < working for another in order to learn a trade, for instruction, trainingvocational stage < educational training that provides a student with practical e"perience

in a particular occupational fieldnns of court < a legal society occupying such a buildingsole < belonging or pertaining to one individual or group to the e"clusion of all others=

e"clusivepractitioner $. one engaged in the practice of a profession, occupation= #. one who

practices something specifiedclinical < e"tremely objective and realistice!uity < $. the application of the dictates of conscience or the principles of natural justice

to the settlement of controversies= #. a system of jurisprudence or a body of doctrines and rulesdeveloped in -ngland and followed in the /nited 0tates, serving as supplement and remedy thelimitations and the infle"ibility of the common law

trust < a fiduciary relationship in which one person )the trustee+ holds the title to property)the trust estate or trust property+ for the benefit of the other )the beneficiary+

gown < official or uniform robe of various shapes worn by judge, lawyer, clergyman,

collegetort < a wrongful act, not including a breach of contract or trust, which results in injury toanother*s person, property, reputation, or the like, and for which the injured party is entitled tocompensation

0;(9(;40to divide < to separateoccasion < opportunityto maintain < to keep upartificial < syntheticto spend


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1(T9(;40increasingly A decreasinglysatisfied A unsatisfiedsubjective A objectiveto maintain A to discontinue

simple A comple"artificial A genuineto spend A to earn


$. Chat are the solicitors dealing withD#. s there any difference between solicitors and barristersD>. Chich is the historical recognition regarding the two branches of the legal professionD?. Chich is the final stage in the solicitor*s educationD6. (ame some barrister*s governing bodies.

%. Chich are the stages the solicitors and the barristers are supposed to pass throughDE. Chat do the barristers deal withDF. Chen can a barrister consider applying for promotion to Lueen*s ounselDH. an the two legal professions interfere within each otherD$&. Chich are the motives that can lead to a fusion of the branches of the legal

professionD

#. What part does each of the following take in a trial?

a+ The judgeb+ The solicitorc+ The barrister

>. Which of the following statements are true and which are false? Correct the false ones.

a+ The barrister gives advice and has the conduct of the business of the client from day today.

b+ The solicitor has the conduct of the business and he will retain another solicitor tocarry out a specific task in handling the client*s business.

c+ Barristers are increasingly becoming the dominant branch of the profession.d+ There are eight core subjects for the final stage of training of the solicitors.

e+ n order to become a solicitor it is necessary to become a member of the nn*s ourt.f+ 1fter around ten years in practice, successful barristers can consider applying forpromotion the 9ueen*s ounsel.

?.Fill in the blanks with the missing words:

a+ The ........ , is currently alone entitled fo act as advocate in the low higher courts.b+ The si" core subjects areMMMMM.....and M.c+ 9nce admitted, the MMMM. is re!uired to maintain a practising certificate.d+ The MMM.. of the academic stages are common to both branches of the profession.e+ MMMMMMM.. are all sole proctitioners.

f+ MMM.......... regularly appear as advocates in the low courts.

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3. THE ROLE OF JUDGE AND JURY

There is a very subtle difference between the iudge and the iury: the judge deals with!uestions of law, while the jury deals with !uestions of fad. The difference between the

!uestions of law and the !uestions of ad is also a very subtle one. 1n e"ample of a !uestion offact is the issue whether the defendant was at a particular place at a particular time. This issue iscalled by lawyers a !uestion of primary fact. 9n the other hand, in a criminal trial, where theintention is relevant, a !uestion of fact will re!uire an evaluation of all the surroundingcircumstances in coming to a conclusion about the defendant*s state of mind. or e"ample, in ashop lifting )the offence of theft if the defendant was in a state of confusion resulted from theside effects of medication and he had no intention to steal goods, the jury would be called uponto elucidate these facts. This is no longer conclusive in the comple" cases of fraud or deception,where these issues are more important than the primary facts. 4oreover, the judge will have todeal with a !uestion of law when defining the constituent elements of the offence of theft.

The role of the judge in a court of law is a passive one. e has the role of the arbiter of

the law, who controls the trial and directs the jury. The length of a trial may vary from a fewhours to a month or more= the average length of a contested case is just under nine hours, whichis about two days of court time. f there are points of law involving admissibility of evidencewhich are easy to decide upon without too much argue, the judge may e"clude the jury.9therwise, the jury will listen to and will form opinions about the veracity of witnesses. n thiscase, the judge will direct the iury to reach a verdict of guilt or innocence. The iudge will bere!uired to direct the jury to give a verdict of 'not guilty' if a conviction cannot, as a matter oflaw, be sustained in a case, during a trial. The judge cannot ignore such a direction, the resultingverdict being called a direct ac!uittal. The judge will also sum up the case for the jury, before itretires to consider a verdict. n the summing up, the judge will summari3e the case, e"plain thelegal issues in contention, comment on factors that lend weight to or cast doubt on certainevidence, from an independent and impartial standpoint. f the jury ignores the judge*se"planation of the law when drawing a conclusion or if the jury returns a verdict suspect ofcoming against the weight of evidence, the verdict will be called perverse.

The jury is considered the arbiter of the fact, who deals with all the issues of fact, whodeals with all the issues of fact. The jurors will secretly deliberate about whom they believe anddisbelieve. They must form a collective viewpoint about the case, as close to reality as possible,resulted from the evidence beore them. 1fter determining whether the defendant*s actionsconstitute the offence charged, the jury retires and is not allowed to interfere until a decision isreached. f the jurors cannot agree and if every effort of coming to a conclusion fails, a new

jury will be called and the case will be retried. The old discharged jury is called a 'hung' jury.

1t first, the decision of the jury in a trial court had to be unanimous, although it wasusually re!uiring a new trial of the same case. This problem was solved in $H%E, when Theriminal Justice 1ct was adopted. t introduced the principle of majority in the decisionreached by the jury. (owadays, it is possible to ac!uit 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. f a member of a twelve parties jury dies during the course of a trial, the trial will go on,even if the decision will have to be reached by eleven jurors. t will stop if the number of jurorsdecreases below ten.

/sually, the decision of the jury cannot be changed by an appeal. The ourt of 1ppealwill not reopen a case or reconsider the decision made by the jury, unless there had been amistake in the use of the right procedure. f this happens, it means that the judge will fail to

conduct the trial correctly and the case is retried by the ourt of 1ppeal.

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B10 891B/17;issue < a point in !uestion or a matter that is in dispute as between contending parties in

an action of lawto re!uire < to call upon or oblige )a person+ authoritatively= order or command= to

demand someone to account for his actions

evaluation < determining or setting the value or amount ofshoplifting < stealing goods from the shelves or displaying of a retail store while posingas a customer

sideAeffect < any effect of a drug, chemical or other medicine that is in addition to itsintended effect, especially an effect that is harmful or unpleasant

fraud < $. deceit, trickery, sharp practice or breach of confidence, used to gain someunfair or dishonest advantage= #. a particular instance of such deceit or trickery

deception < something that deceives or is intended to deceive= fraud= subterfuge= trickeryto contest < to call a witness )in a lawsuit+= to testifyadmissibility < capability of being admittedveracity < conformity to truth or fact= accuracy

to empanel < $. to enter on a panel or list for jury duty= #. to select )a jury+ from the panel)to+ convict < $. to prove or declare guilty of an offence, especially after a legal trial= #. a

person serving a prison sentencestandpoint < the mental position, attitude, from which one viewsn and judges thingscontention < struggle between opponents= dispute= controversy

perverse < wilfully determined or disposed to go counter to what is e"pected or desired=contrary

to mitigate < to make less severeconfines < a boundary= border= frontierto ac!uit < to declare innocent= settle )a debt+= behave oneselfa!uittal < declaration of innocence in court

0;(9(;40to re!uire < to demandshoplifting < theftfraud < deceptionto contest < to testifyveracity < honestycontention . Give an e"ample of a !uestion of fact.

?. (ame a !uestion of low.6. Chat are the relations between the judge and the juryD

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%. Chat happens when the jury cannot agree on the verdictDE. ow many jurors are needed to obtain an accepted verdictDF. Chen is the trial considered a failure by the trial judgeD

#. Which of the following statements are true and which are false? Correct the false ones.

a+ The judge deals with !uestions of fact and the jury deals with !uestions of law.b+ The judge is the arbiter of the law.c+ The judge cannot ever e"clude the jury.d+ The judge is re!uired to direct the jury to return a verdict of 'nof guilty' if during a

trial a conviction cannot be sustained in a case.e+ 9nce the jury is refired, the judge delivers the sentence.f+ 1c!uittal by a jury is sacred. The ourf of 1ppeal can reopen or reconsider the jury*s

decision.

>. Fill in the blanks with the missing words:

a+ Chen the defendant committed a public offence under the effects of medication, thejury will be called upon to ......... the facts.

b+ 1t all stages, the role of theM...........is passive.c+ The MM........... has the last word before the MMM......retires to consider a verdict

when he sums up the case for the jury.d+ The verdict is called M..........when the jury ignores the judge*s e"planation of the law.e+ ......... must debate in secret their deliberations about whom they believe and disbelieve.

?. What do !ou call a person who:

a+ 2eals with !uestions of lawb+ 2eals with !uestions of fadc+ s the arbiter of the lawd+ s the arbiter of the foct

SELECTION OF THE JURY

The principle underlying the selection of the -nglish jury is that of randomness. Thetheory is that a jury chosen at random will be representative of the community. 1ny prejudicesheld by particular members of the jury are likely to be counteracted by the good sense of theother members of the jury. n marked contrast, the principle underlying the selection of the jury

in the /nited 0tates is that of securing a 'neutral' jury which will try the case dispassionatelyaccording to the evidence. Potential jurors are subjected to detailed !uestioning either by thecouncilor by the judge to reveal any prejudices and to confirm neutrality.

The basic !ualification for the jury service in -ngland and Cales is the simple age andresidence !ualification. 1ll persons aged between $F and E& registered as Parliamentary or localgovernment electors who have been resident in the /nited Iingdom for at least five years sinceattaining the age of $> are eligible for jury service. The advent of computerised databasesmeans that today jury panels are selected genuinely at random from electoral lists using randomselection computer programmes. Persons with certain criminal convictions are dis!ualifiedeither for life or for ten years depending on the seriousness of the offence.

There is a group in the population who have a right to be e"cused if summoned= for them,

service as jurors is optional. These include those over %6, members and officers of Parliament,the military and the medical profession, including veterinary practitioners. There are two

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general grounds on which a juror has a right to claim to be e"cused of jury service: when thejuror has attended court for jury service within the previous two years or when the juror hasbeen e"cused jury service for a longer period which has not e"pired )to those who have servedin long and comple" trials+. 1 juror who shows, or about whom it becomes apparent that he orshe cannot efficiently be elected as a juror because of a physical disability or insufficient

understanding of -nglish, must be discharged.

rom 'The 1dministration of Justice', by 7obin . Chite

4. JUSTICE ON ANCIENT ROMANIAN LAND

"he legislation of the #eto$%acian state

Besides the unwritten law, e"pressed in the GetoA2acian 0tate, there was a law system.0trabon, a Greek geographer and historian, as well as lordanes, a historian of the Goths, at thecourt of the 9strogoths* kings, in taly, stated that GetoA2acians* laws were adopted during the

ruling of Burebista, who sustained that the laws he imposed were inspired by gods.The laws were transmitted from generation to generation, in written form and they have

been kept untillordanes* times )the %Ath century 9.-.+. By the agency of these laws there havebeen introduced new standards Acommandments of the king who resorted to the authority ofreligion in order to be taken into account by his people. There was the need of maintaining thefear of gods in order to be sure of the observance of the

&egal institutions

1t the same time with the e"tension of the slaveAowning system, the diferences ofwealth strengthened the great private e"tems property. n 2acia there were great landholdersthat used the labour of the slaves. Besides the private property, there e"isted the collective

property of the territorial community.Through the agency of information, recorded by oratio, we know that the GetoA2acians

were great tillers.7egarding the organi3ation of the family, there are a lot of information recorded by

erodot, 9vid and oratio. There was monogamy and the future husband had to bought hisbride from her parents. 9n the other hand, the future wife had to bring to her new house adowry consisting in money or goods.

9vid affirmed that woman was on an inferior level compared to that of man. 0he workedhard and she was sentenced to death if she had committed adultery.

There is no recorded information about the e"istence of any standards regardingobligations and commercial contracts, but scientists consider that they e"isted )the argument

was the intensification of trade and the large use of coin+.n the field of criminal law, the main disposals considered the defence of the state and ofthe private property. Generally speaking, the state was charged with the justice, but they stillapplied the system of the blood revenge.

The 2acian 0tate was concerned with the organi3ation of the legal system. The kingomosycus Aas lordanes recorded Atook care of the organi3ation of the trial and the trial itself,

but he was at the same time the great priest. 0ome historical te"ts certify the use of the judiciarycombat in order to solve different litigation. 1s for the diplomatic activity of the 2acians, theyused norms of international law, the priests using a certain ritual at the conclusion of thetreaties.

B10 891B/17;custom < usual practice= )law+ established usage having the force of a law

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generation < $. whole body of persons born about the same lime= #: procreation,propagation of species, begetting or being begotten= >. production by natural or artificialprocess= ?. overage time in which children are ready fo replace parents )reckoned at >& years, asa time measure+

agency < active operation, action= instrumentality

slave < person who is legol property of another and is bound to absolute obedienceat the same time < concurrentlywealth < welfare, prosperity, riches, large possessions, opulence, abundancecollective < of, from, many individuals, common, by all, for the benefit of all

private < individual, personal, not affecting the communitycommunity < $. joint ownership, fellowship= #. body of people living in the same

locality= >. body of people having religion, profession in commonto strengthen < to become stronger, to make strongertiller < ploughman, farmer, cultivatormonogamy < practice, circumstance of being married to one at a timeinformation < $. informing, telling= #. thing told, items of knowledge, news= >.)low+

charge, complaint, lodged with court or magistrate )against+dowry < $. property or money brought by wife to husband= #. endowment, marriage

portion= >. gift of nature, talentadultery < voluntary se"ual intercourse of married person with one of the opposite se",

other than his or her spousetrade < $. e"change of commodities for money or other commodities, commerce= #.

e"portation or importation of goods from or to home countries, or e"change of commodities ofdifferent countries

to revenge < to satisfy oneselt to be satisfied with retaliation )for offence, upon, on theoffender+= to take vengeance

ritual < $. prescribed order or performing religious service= #. performance of religiousacts

0;(9(;40concurrently < simultaneouslywealth < fortuneto strengthen < to accentuatedisposal < disposition, measure= stipulationto attest < to certifycombat < duelconclusion < settlement

1(T9(;40written A unwrittendifference A resemblancemonogamy A polygamy

private A collectivee!uality A ine!uality


$.Chat did 0trabon and lordanes say about the GetoA2acians= lawsD

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#.Chat was property in 2acia likeD>.Chat is the information recorded by oratio regarding the GetoA2aciansD?.Chat do we know about the family organi3ation at that timeD6.Chat do we know about the criminal lawD%.Cho was in charge with the organi3ation and the trialsD

E.2id the GetoA2acians use any norms of international lawD

#. "ranslate into 'nglish:

a + Nn epoca sclavagistO e"ista o accentuatO inegalitate intre femei i bOrbaQi.b+ 7espectarea legilor statului asigura libertatea indivi3ilor.c+ 2e3informarea completului de judecatO atrage dupO sine penali3area celui in cau3O.d+ /nii oameni cred cO au numai drepturi Rn societate.e+ Nn Qara noastrO nu este acceptatO bigamia.f+ iind adaptabil, omul a reuit sO re3iste transformOrilor naturale deAa lungul timpului.

>. (ome of the following sentences are true and some are false. Correct the false ones:

$+ ordanes was a Greek historian and geographer.b+ Burebista used the fear of gods in order fo impose the obedience of the law.e+ n 2acia there were slaves who worked on the private properties as well as on the

collective ones.d+ 2acians were polygamous.e+ GetoA2acians used the coin and made trade.f+ They still applied the blood revenge.

?.'xplain the following terms:

generationcommunityadulterytrade

%. )se the anton!ms of the following words in sentences of !our own:

resemblance

anycollectiveto strengthen

polygamy

BILL OF RIGHTS. COMMON LAWS

The first three amendments to the onstitution of the /nited 0tates are generally referredto as the (ational Bill of 7ights. 1t the time onstitution was submitted to the people in $EFE,there was much criticism of the document due to the fact that it did not contain a Bill of 7ights.The e"planation of this goes bock to the original -nglish common low idea of government.1ccording to this, individual rights e"ist themselves as inborn and inalienable. The onstitution

and government are merely an added protection to those rights people already possess. This

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idea is today underlined by the government of Great Britain and the /nited 0tates, by those ofthe selfAgoverning British ommonwealth.

n contrast to this, the doctrine and belief that were and still are prevalent in othercountries should be mentioned, such as the states of the ontinental -urope, which are underwhat might be termed a prerogative type of government. -ven the most free of these countries

in their written constitutions make statements of individual rights that are based on theunderlying thought that these rights are the gift of the state. Thus, we find the onstitution of0wit3erland )1rticle 66+: 'The freedom of the press is guaranteed. owever, the lows of thecantons shall enact the necessary provisions to avoid abuse= these provisions should besubmitted to the approval of the ederal ounsel. The onfederation may also fi" penalties inorder to prevent abuses directed against itself or its authorities.'

This provision is characteristic to the most enlightened -uropean democracies and is indirect contrast to the British and 1merican commonAlaw idea of protection for already e"isting,inalienable rights.

ommonAlaw, originally custom and usage, become the law *common* to all the people of-ngland by judicial enforcement. Thus it originated in -ngland, but has come to consist in great

part in the principles which have been declared and developed in the decisions of the courtswhen adducting upon the private law in the countries of 1ngloA0a"on origin. t is usually notincorporated in the onstitution or written statutes of a country, but is the term generally usedto describe that system of fundamental law, which is in force among the -nglishAspeaking

peoples as contrasted, with 7oman law and derivative systems based on an enacted code. Theearly settlers of the /nited 0tates claimed and were in fact supposed, to have brought with themin 1merica their inherent commonAlow rights of person and property. t is the -nglish commonAlaw, which thus is recogni3ed throughout the /nited 0tates as the commonAlaw of the countryand is the fundamental basis of the institutions of Government.

Primarily the Governments of each of the states and territories enforce the commonAlaw.The ode (apoleon and its development in the 0tate of ouisiana due to the original renchsettlement there have in1uenced it to some e"tent. t is, of course, subject to repeal oramendment by statute, but primarily the commonAlaw has been developed and e"tended by thestate and ederal ourts, past and present.

n those states where the commonAlaw has been codified, these codes consist in large partof a restatement of the commonAlaw doctrines and their later development up to the time ofcodification. n addition, the commonAlaw rights of the individual, as generally accepted, have

been stated to a greater or lesser e"tent at various times in 1merican history. 1mong thesestatements is that in the 2eclaration of ndependence, which says that all men 'are endowed bytheir creator with certain unalienable rights, that among these are life, liberty and the pursuit ofappiness.'

1lso, the Bill of 7ights or the first ten amendments to the /nited 0tates onstitution andthe Bill of 7ights in the various states constitutions are in whole or in large part made up ofstatements, commonAlaw rights, which are inborn, inherent and inalienable and not granted byany Government, according to 1ngloA0a"on and 1merican theory. Thus, the 1mericanGovernments, national or state, are merely added protection to the commonAlaw rights, whichthe citi3ens already possess.

1dapted from 'oncise 2ictionary of 1merican istory'

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5. CIVIL PROCEEDINGS

/nderstanding the -nglish legal system must start with the distinction between civil andcriminal proceedings. ivil and criminal proceedings re!uire different courts and procedures,although some judges sit in both civil and criminal courts. The distinction between civil and

criminal proceedings consists mainly in the legal conse!uences that follow a particular act.The role of the civil law and civil proceedings is to determine the rights and obligations

of individuals themselves, as well as in their relations with the others. 0uch civil acts could be:the determination of rights arising under a contract, the rights regarding property andsuccession, the obligations of paying damages for torts, like negligence, nuisance ordefamation, !uestions of status, such as divorce, adoption and the custody of children. Theserights belong to the area of private law, as they are of private nature= but there are also rightsthat belong to the public law, like !uestions of ta"ation, or !uestions of planning andcompulsory purchase, which are of public nature.

n a civil proceeding, the person who begins the proceeding is the plaintiff and he sues orbrings an action against a defendant. The plaintiff will be seeking a remedy, usually in the formof damages )money compensation+, but possibly also in the form of an injunction )an order

prohibiting the defendant from committing or continuing to commit a wrongful act+. 4ost civilproceedings are heard by a judge sitting alone= in defamation cases, which are very rarel thejudge will be helped by a jury in civil proceedings. The judge delivers a judgement afterhearing the action. The terminology is not the same in all the civil proceedings. or instance, indivorce proceedings, the petitioner, who asks for the marriage to be dissolved, partitions for adecree against the respondent. f it is certain that the marriage has broken down irretrievably

because of the respondent*s adultery, the person with whom the respondent is alleged to havecommitted adultery must usually join the proceedings. This party is called coArespondent.

n civil proceedings, the plaintiff usually must prove the facts on which the claim is

based. This means that the plaintiff has the burden of proof, which in the civil cases is said to beon the balance of probabilities. n other words, the plaintiff must satisfy the judge throughadmissible evidence, which is more reliable than his statements which he pretends to be true.

B10 891B/17;. 2940procedure < $. act or manner of proceeding in any action or process= conduct= #. a

particular course or mode of action= >. mode of conducting legal parliamentary, or otherbusiness, especially litigation and judicial proceedings

obligation < $. an argument enforceable by law, originally applied to promises under seal=#. a document containing such an agreement= >. a bond containing a penolty with a conditionanne"ed for payment of money, performance of covenance etc.= ?. any bond, note, bilt

certificate, or the like, as of a government or a corporation, serving os evidence ofindebtedness= 6. something by which a person is bound to do certaih things, and which arisesout of a sense of duty or results from custom, low etc.=

succession < the descent or transmission of a throne, dignity, estate, or the like=nuisance < something offensive or annoying the individuals or to the community,

especially in violation of their legal rights=defamation < false or unjustified injury of the good reputation of another as by slander,

libel, calumnycompulsory < re!uired without e"ception= mandatory= obligatory=

0;(9(;40

fundamental < essentialconse!uence < effect

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obligation < )$+ contract= )#+ < responsibilitycompulsory < obligatory

1(T9(;40fundamental A secondary

negligence A careprivate A publiccompulsory A voluntary


$. s there any difference between civil and criminal proceedingsD#. Chich are the aims of the civil law and civil proceedingsD>. Cho is the person who begins the proceedings and what does he doD?. Chich is the schedule of a civil proceedingD6. Chat about divorceD

%. Chat does the burden of proof implyD

#. Complete the blank spaces with the missing words:

a+ 2ifferent ......... and ......... are used for civil and criminal proceedings.b+ ivil law and proceedings aim to determine the ......... and ......... of individuals as well

as between each other.c+ Luestions of ta"ation or !uestions concerning planning or compulsory purchaseare rights that belong to ......... low.d+ 4ost civil proceedings are heard by a ......... sitting alone.e+ n civil proceedings, the plaintiff usually has the ......... of proof.

>. What do !ou mean b!:

AproceedingAprocedureAcaseAburden of proofAlitigation

?. Which of the following statements are false and which are true? Correct the false ones:

a+ The distinction between civil and criminal proceedings is of no importance inunderstanding -nglish legal system.

b+ The !uestions of ta"ation are of private law nature.c+ n most criminal proceedings the person beginning the proceedings is the plaintiff.d+ 4ost civil proceedings are heard by a jury of $# persons.e+ The plaintiff must satisfy the judge through admissible evidence, which is nof as

reliable as his statements that he pretends to be true.

RULES OF CIVIL PROCEDURE

The -nglish system of civil procedure is based upon the adversary principle: a series of

statements of fact are put forward by one party to be attacked by the opposing party. The judgeacts principally as umpire or referee and leaves it to the parties to put the case before him. The

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rules of civil procedure which govern the handling of cases are technical, comple" and detailed.They are designed to regulate the conduct of the parties and their advocates in an adversarytrial. They can be found in large volumes entitled The supreme ourt Practice )known amonglawyers as *The Chite Book*+ and The ounty ourt Practice )known among lawyers as *TheGreen Book*+. This mass of rules really has three objectives. The first objective is to ensure that

the facts on which a claim is based are accurately found and appropriately arranged so that theissues between the parties can be identified. The second is to ensure that the correct andappropriate rule of law is found and applied. The third objective is to ensure that the remedy orremedies prescribed by that rule of law can ade!uately be enforced.

t is not necessary to dwell on the detail of the rules of procedure, since a broad outline ofthe process in action in contract and tort will serve for our en!uiry.

Chether the rules actually achieve their objectives remains to be assessed, but there hasbeen a succession of calls over the last >& years for the redrafting of the rules in order to makeigh ourt practice and procedure !uicker, simpler and cheaper. ew of their recommendationshave been implemented. The recommendations of the ivil Justice 7eview pick up some ofthese recommendations and their implementation will mark the start of a new era in the

processing of civil disputes.

1dapted from 'The 1dministration of Justice', by 7obin . Chite

6. TRUTH -THE PRINCIPLE OF THE JUDICIAL PLEADING

Truth is the accurate reflection of the objective reality in thinking, by comparing whate"ists with what really happens.

There are two kinds of truth: the objective and the relative truth.The objective truth reflects the e"isting reality, which is independent from the human

consciousness. The criterion and the source of truth are the socialhistorical e"perience ofhumankind, which makes the process of finding out the truth a continuous and unlimited intime one.

The relative truth is the reflection of reality, which is just, but appro"imate. or e"ample,the scientific fact is a relative truth. /sing the relative truth, the human consciousness

permanently aims to the absolute truth.The absolute truth includes all the relative truth in its progressive and infinite historical

se!uence. 1ny relative truth contains elements of absolute truth.1long the history, all the conceptions, systems and schools were appreciated through their

attitude towards the truth. Truth is the key to any lawsuit or juridical proceeding.

1t the basis of all the branches of the studies of law lies the principle of absolute truth,especially in the procesuallaw, where complete concordance between the facts regarding thecause and the conclusion of the criminal lawsuit is demanded. 1 person who has to giveevidence in a trial will have to swear on oath that he will tell the truth and nothing but the truth.e is re!uired not to make a false statement or pass the truth over in silence.

Chat we mean by telling the truth is that a person says a true sentence and not a falseone. 1s 1ristotle said, 'a true statement is the one by which you say that it is what it is and thatit is not what it is not'.

n the 4iddle 1ges, philosophers sustained that truth is the accord between object andintellect. egally speaking, we have the right to sustain that our opinions are true, but we must

be able to motivate them, seriously and firmly.

B10 891B/17;. 2940

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accurate < careful in e"act conformity with a standard or with a truthreally < in fact, in reality, positivelyreality < property of being realobjective < belonging not to the consciousness or the perceiving or thinking subject, but

to what is presented to this, e"ternal to the mind, real

relative < pertinent, relevant, related to the subjectabsolute < complete, pure, mere= real, unconditionat selfAe"istent and conceivable withoutrelation to other things

truth < !uality or state of being true or accurate= honest= sincere= loyal= accurately shaped=adjusted

irrespective of < not taking into account= without reference tomotive < what induces a person to actconsciousness < totality of a person*s thoughts and feelingscriterion < principle, standard a thing is judged byhumankind < mankind, human speciessource < origin, places where things come from

permanent < intended to lost indefinitelyopinion < judgement or belief not founded on certainty or proof= view held as probableconception < thing conceived, idealie < intentional false statementconclusion < final resultstatement < stating, e"pression in wordsintellect< faculty of knowing and reasoning

0;(9(;40to assert < to declareaccurate < precisereally < indeedabsolute < perfectrelative < pertinentcriterion < principlehumankind < mankindsource < origin

permanent < lasting

1(T9(;40truth A lie

accurate A inaccuratereality A fictionrespective A irrespectivefalse A true


$.Chat is truthD#. Chat kinds of truth did you read aboutD>. Chat does objective truth deal withD?. Chat about the relative oneD

6. Chat is the absolute truthD%. Chat are the words a person has to soy before giving evidenceD

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E. Chat is a true statement in 1ristotle*s way of thinkingDF. ow did philosophers in the 4iddle 1ges define the truthD

#.Fill in the blank spaces with the missing words:

a + Truth demands the complete ......... of facts.b+ The relative truth is the ........., but ......... reflection of reality.c+ To say a truth means to say a ......... sentence, not a false one.d+ The scientific fact is a ......... truth.e+ The process of finding out truth is ......... and ......... in time.f+ Before giving evidence in a trial, the witness must say the .................., the whole .........

and nothing but the ......... .

>.*ake sentences using the anton!ms of the following words:

limited, silence, truel serious, permanent, relative

?. )se the following expressions in sentences:

A to give evidenceA to tell the truthA to pass something over in silenceA judidal proceedings

6.How man! meanings can !ou find to these words?

AsentenceAfirm

%. Write a paragraph composition using the following:

lawyer, pleading, justice court, to lie at the basis, truth, accord, fact, e"act, regarding,reality

17T04 1(2 T- (-C P997 1CThe history of the chartist movement )$F>F A$F?F+ is really an illustration of this. t is

usual to point out that, when payment of 4P*s was authorised in $H$$, all the si" political

points of the harter had been in principle conceded, e"cept the not very sensible proposal forgeneral elections to be held annually. But Cilliam ovett and eargus 9*onnor, the twoprincipal leaders Aboth of whom were sent to prison during the period of agitation Aand the bulkof their followers wanted something more than manhood suffrage, vote by ballot and otherchanges in electoral procedure. They aimed at getting a different kind of 4P, the sort ofmember who had first e"perience of sufferings of the being completed in $H$$, the hartistdemands in this sense only began to be considered after $H&%, the year in which 4embers ofParliament of a new social type first appear in significant numbers.

The social reform which the hartists advocated, were often vaguely described asimpracticable and inconsistent with each other. But they were certainly united in their outcryagainst the new poor relief system of $F>?. Joseph (aylor 0tephens, a Cesleyan minister

turned into a hartist agitator called it 'this damnable law', which violates all the laws of God'.

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;et the law which bore more hardly upon the lives of the workers was left unaltered throughoutthe Lueen*s reign.

The Poor law of $F>? stopped the 0peenhamland systems of rates in aid of the wages bytrying to abolish outdoor relief. f the poor needed help, they were let to come to the workhousefor it. f they came to the workhouse, they found that the help they got Afood and shelter for

themselves and their families Awas administered in such a strict, mean and humiliating fashionthat people would rather die than become paupers. f they would not become paupers, than theymust either find a job, however hard and poorly paid, or emigrate, or die. n spite of 2ickens*'9liver Twist' and in spite of hartist agitation, the grim new workhouses remained the typical

buildings of 8ictorian -ngland.9utdoor relief was never wholly abolished, especially in the case of the aged, and after

about $FE& the principle of abolition survived chiefly in rural areas. 0ome relieving officers andworkhouse masters administered the law in a kindlier spirit than others, and the workhouseinfirmary, where the sick law, gradually took on more the character of a hospital than a place of

punishment. But the fear of the workhouse remained one of the biggest factors in creating andmaintaining the habits of hard work, thrift and adaptability. Chole families would move about

the country, on foot if necessary, in search of employment Awhich made what the books call ourabour orce so efficient an instrument for creating wealth.

The supervision of the Poor aw, at first entrusted the commissioners, was the main taskof a new government department set up in $FE$. This was the local Government Board, havingas its other work the control of the town councils, which had been reformed and put on anentirely new basis in $F>6. ocal government was a second point at which the law affected thelife of the workers, especially in the new industrial towns, for the law intervened to restrictwithin narrow limits the improvements which a council could provide for the town it served.

1dapted from 'British ife and ivili3ation', by ivia 2eac, 1drian (icolescu

. ELO!UENCE

-lo!uence is the art of beautifully, enthusiastically, thrilling and convincing speaking.

+udicial eloquence

n trials or instances regarding the commitment of serious offences, speeches or orationsmust be distinguished by very serious argumentation. n order to obtain the forgiveness of the

judge, the accused must attract the attention of the audience and generate powerful emotions.Ce call a good speech that which connects the public speaker and the listener. This

masterstroke consists of various ways of persuasion, remarks, comments upon rules, the stavingoff the hypothetical impediments and bewilderment. n fact, the whole pleading with a logicalbackground has a subtle and touching demonstration.

%emonstrati,e eloquence

There are many cases in which the demonstrative speech is e"pressed. socrate, thefounder of a school of rhetoric in 1ncient Greece, distinguished himself by his speeches, whichrepresented real masterpieces. Panagiric and 1bout Panatheene celebrations would be somee"amples of these. e used a very delicate style, a juicy and nonpretentious vocabulary,harmonious sentences with figures of speech, an e!ual and elo!uent rhythm and a poetry ofwords loaded with ma"imum emotional value.

&atin eloquence

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The 7omans created an original rhetoric, whose outlines were represented by theorientation to pragmatism and 0toic philosophy, as they had roots and developed the presocraticand isocratic tradition.

1nother outstanding figure of 7oman culture and civilisation was icero, famous for hisrare !ualities of the perfect orator. 1s he stated, 'an orator must have the logician*s sharpness of

mind, the thinking of the philosopher, the poet*s way of e"pressing his thoughts, the jurist*smemory, the tragedian*s voice and, above all, the gesture of a famous actor'.Luintilian the greatest rhetor master and e"pert, defined oratory as the art of elo!uence

and the orator was 'a good man speaking'. is lectures about rhetoric were well known andhighly appreciated at that time. n Luintilian*s work we can find out the basic features of theideal advocate: sincerity, sensibility, morality, modesty. e has to be kind, but not familiar= hehas to give the proper advice knowing what was all aboutJnot to be passionate, not to get angry,

but to be calmJto keep his interior e!uilibrium and, moreJ to be impartial.

B10 891B/17;. 2940elo!uence < fluent, forcible and apt use of language

speech < public addressargumentation < methodical reasoningoration < a formal public declaration or speech= discourseorator < elo!uent public speaker= the person who makes a good speechaudience < persons within hearing= assembly of listenersto generate < to bring into e"istencemasterstroke < surpassingly skillful octmasterpiece < consummate piece of workmanship

persuasion < persuading, persuasivenesst convictionremark < a written or spoken comment, anything saidto stave off < to avert, to ward off

bewilderment < perple"itydemonstration < outward e"hibition of feelings, of opinion, logically proveddemonstrative < serving to point out or to e"hibitfounder < one who founds institutionsrhetoric < the art of persuasive and impressive speakingrhetor < 1ncient Greek or 7oman feacher or professor of rhetoric= rare, oratortradition < fact handed down from ancestors to posterityoriginal < innate, initial= that has served as patternoutlines < main features

pragmatism < doctrine that estimates any assertion solely by its practical bearing upon

human interestsstoic philosophy < making virtue the highest good, concentrating attention on ethics andinculcating control of the passions and indifference to pleasure or pain )school founded in1thens, >&F B by Seno+

feature < distinctive or characteristic port of something or somebodye!uilibrium < stote of balance= neutrality of judgementimpartial < unprejudiced

0;(9(;40orator < public speakeroration < discourse

to generate < to produceclemency < mercy

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master < teacherto stave off < to avert, to ward off, to deferimpediment < obstruction

bewilderment < confusionideal < perfect

impartial < fair

1(T9(;40well A badfavourable A unfavourable, disadvantageous

pretentious A nonpretentiouse!ual A une!ualrare A numerousfamous A unknowncalm A an"iousinterior A e"terior

impartial A prejudiced


$. Chat do the orators try to do during their speechD#. ow do they succeed in doing thisD>. Chat was socrate*s style likeD?. Chat are the characteristics of latin elo!uenceD6. 2escribe the perfect orator in )icero*s version.%. ow is Luintilian*s vision different from thot of iceroD

#.Fill in the blank spaces with the missing words:a+ 1n ......... must have the logician*s sharpness of mind, the thinking of a ........., the .........

*s way of e"pressing his thoughts, the ......... *s memory, the ......... *s voice and, above all, thegesture of a famous ..................

b+ 1 good .........MM. must connect the public speaker and the ..................c+ ................. was the founder of a school of rhetoric in 1ncient Greece.d+ ..................defined the orator as 'a good man speaking well'.

>. "ranslate into 'nglish:

a+ icero a fost o personalitate a retoricii romane.b+ Pledoaria avocatului a fost perfecta i la obiect.c+ Procurorul sAa dovedit a fi foarte inteligent.d+ 2iscursul judiciar trebuie bine pregOtit.e+ 1vocatul trebuie sO fie bine informat pentru apararea inculpatului.f+ Prietenii comentea3O verdictul. 1u spus cO judecata nu a fost corectO.

?. )se the following words in sentences of !our own:

elo!uent= clemency= thrilling= founder= favour= persuasion= impediment= support= famous=impartial= to get angry= !uality

ANGLO-SA"ON GOVERNMENT

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The cornerAstone of Government in the 0a"on society was the king.1lthough there were certain reins of his power controlled by the Citan full Citenagemot,

a council of *wise men* chosen from the aristocracy+, this council should not be seen as any sortof democratic Parliament. True, it was responsible for the election of the king A!ualification forkingship of the royal family and the Citan chose from within that membership the most

suitable successor, not necessarily the son of the previous king Aand also advised him on mattersof government, but in the long run the king, once elected, was free to act much as he chose.0uccessful rule, then, depended greatly on the personality of the king, who, to begin with,

had no fi"ed court, but travelled around with his followers, mainly in order to collect his rents,which, being paid in food, had to be eaten on the spot. 1 king of no fi"ed abode, he couldsummon his Citan when he re!uired it )to approve new laws, for e"ample+ to whichever realestate he happened to be occupying at the time.

ater, as kingdoms became bigger, royal representatives were created to administer localjustice. These, earldormen attended and supervised the meetings of the local court and theprocess whereby the handling of regional affairs passed from the freemen to the king, wasunder way.

By the time of the (orman on!uest this process was so complete and efficient for royalpurposes that Cilliam made little attempt to change it, so well did it to strengthen his hold ofthe country as a whole and enable him to establish a firm feudal superstructure on society.

The old popular assemblies remained in e"istence Athe *hundred* )most likely, to beginwith any rate, meetings of groups of a hundred families+= above this, the *shireAmoot*= and abovethis still, the *folkAmoot* Abut these moots or courts, were now controlled by the king*s officers.The shireAreeve )the origin of the presentAday sheriff+ was one of the most vital figures in thesystem, personifying royal authority to lord and peasant alike, delivering the king*s writ andensuring his wishes were carried out in the area.

This process of change in local government was a slow gradual one, only dearing inoutline in the $&Ath and llAth centuries, when the 2anish invasions undoubtedly added impetusto it, hustling the development of this near feudal state by forcing the poor into the hands of thelord. n addition, many of the institutions of government were most likely 2anish innovations.Ce have already noted the *husting*= it may be that the *hundred* )in 2anish areas, the*wapentake*+ was likewise a 2anish introduction, or at least a refinement of an earlier 0a"onidea.

n ondon, by the end of the 0a"on period, local government was much more comple",with a larger number of courts, one for each of the wards into which the city had been divided.There were also the *sokes* privileged areas that came under private iurisdiction. But publicauthority was the general rule, and the court of highest authority remained the folkAmoot, whichmet three times a year, attended by every citi3en )in theory, at least in the open air on the

highest ground in the city Abeside 0t. Paull s athedral.1C 1(2 972-79n the basis there is the 0a"on law of compensation to the injured party by payment of

his *wergild* to his kinsfolk. 0ome crimes were considered, of course, beyond compensationAwitchcraft, arson and predictably, treachery to one*s lord or king. The punishment for this washanging. But in the crimes of the first category it was legal for the kindred $& refuse payment ofthe wergild and take revenge into their own hands. This meant of course, retaliation of thekindred of the original criminal and the blood feud thus embarked on could continue for manyyears.

ater kings tried to stamp out his practice with his inherent danger that a kindred mightgrow too powerful and set itself above the law. But passing laws is one thing ensuring they are

observed is another, especially in an age when a police source as we know it was nonAe"istent.4aintenance of law and order was in the hands of people themselves. That it worked at all

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shows the genius for cooperation that the 0a"ons possessed. Chen a crime was committed therefollowed a *hue and cry* A all freemen were called out to pursue and catch the criminal.

9nce captured, the criminal was brought to trial A a trial that bore little resemblance to thecourt procedures today. t was, in fact, a Trial by 9rdeal, provided, this is, the accused failed toget through the early stages which consisted in swearing on oath A*By the ord, am not guilty

of the act or pact in the crime with which am charged Abacked by his helpers* who swore, *Bythe ord, the defendant*soath is true and not false*. This was preceded by an oath made by theaccuser, swearing that he was justified in bringing the charge. f this was successful and thedefendant*s was not, the Trial by 9rdeal commenced.

n the ordeal by fire, the accused took a bar of redAhot iron in his hand and walked for afi"ed distance, or he walked over redAhot ploughshares set une!ually apart. n the ordeal bywater, he plunged his hand into boiling water to draw out a stone. The part affected waswrapped in linen )in hristian times, by a priest+ and if on removal after three days the woundwas healed, the accused was found not guilty. The idea behind the 9rdeal was that in heavenmight intervene the passAjudgement. 4aintenance of law and order remained for a long time thetask of the people themselves, coAoperative but unorganised. The first appearance of anything

resembling a police force seems to have been made in ondon in the early $&Ath century wherea peaceAgild was formed. omposed of groups of ten men, combining to form groups of onehundred under a headman, its aim was not only to create more organised action againstcriminals, but also to make available out of the common property of the gild money tocompensate the iniured party. t was a police *force*, then, but it remained a voluntaryorganisation run by the people, not a stateArun institution.

rom **The on!ueror*s ondon', by 2erek Brechin

#. METHODS OF JURIDICAL IN!UIRY

The methods of in!uiry used for juridical sciences are adapted and taken over from othersciences about society. 0ome of these are: the logical method, the method of sociologicalin!uiry, the !uantitative method, the method of the e"periment, the systemical method and thestructural and functional method.

0peaking about the logical method, we can say that it represents the summingAup of allthe methodological proceedings and operations which make possible the cognition of thestructure, and of the dynamics of the relations between the various components of the judicialsystem in society. There is a system of elements, rules and types of general formal logic neededin order to e"plain the law. 1mong these we can mention: the inductive arguments, the

deductive arguments, syllogisms, the demonstrative elements, the analysis, the synthesis.The comparative method is used in studying law by the simultaneous approach of thesame kind of juridical institutions that e"ist at the same time or successively within the same ordifferent societies or law systems. The essence of this method consists in comparing some

phenomena, like the institution of property, marriage, family, punishment, in order to reveal thesimilitude, and much more, the difference of substance and contents between the comparedfactors. The comparative study of some contemporary juridical institutions allows the sharingof legislative e"perience within the way of settlement of social relations )commercial societies,tariff system, juridical protection, human rights+.

The historical method consists in the progressive analysis of the juridical phenomena, intime and space, in their historical development and, of course, connected to the socioApolitical

moment. t reveals the causes and the circumstances in which some juridical institutionsappeared or vanished )take for e"ample a type of law, like the 7oman private law+.

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The method of sociological in!uiry consists in making direct investigations, by theagency of sociological in!uests )descriptions, interviews, !uestionnaires+ in order to achieve a

better cognition of the juridical phenomena. The use of this method enables us to formulateconclusions and assessments regarding the utility and the social efficiency of the juridicalinstitutions and the juridical regulations.

The !uantitative method is used to analyse some commensurable juridical phenomena)the fre!uency and the repartition of the criminal phenomena+ in order to formulateobservations and conclusions regarding the causes and tendencies of the respectivemanifestations of the phenomena. The statistical methods are fre!uently used in law= moreover,they determine the appearance of computer sciencies in the juridical systems.

The method of the e"periment has a larger and larger applicability in the field ofeconomic organisation, of retribution, of establishing prices, or ta"ation on turnover.

The systemic and functional method is based on the fact that the juridical phenomenarepresent assemblies of systems and comple" actions, as well as stable and organised actions,forming part of the socioApolitical environment.

B10 891B/17;. 2940method < a particular way of doing something= orderly arrangement of ideas= scheme of

classificationscience < study of the nature and behaviour of natural things and the knowledge that we

obtain about them through observation and e"perimentsociety < $. peoples way of life the customs and organi3ation of a civili3ed nation= #. the

upper classes of a community, whose doings are socially distinguished and wellAtoAdo= >.association of persons united by a common aim, interests or principles

logical < $. of logic or formal argument= #. not contravening the laws of thought,correctly reasoned= >. reasonably to be believed or done= ?. capable of correct reasoning

e"periment < $. test, trial= #. trying out of a new idea or method in order to see what it islike and what effect if has

structure < the way in which a thing, a building, an organisation or other complete wholeis constructed, supporting framework, or whole of the essential parts of something

cognition < action or faculty of knowing, perceiving, conceiving, as opposed to emotionor volition

dynamics < moving forces, physical or moral, in any spherecomponent < contributing to the composition of a whole based on inductionto analyse < to e"amine minutelysimultaneous < occurring or operating at the some time

progressive < moving forward

to reveal < to make known, to divulgeto asses < to estimate valuesyllogism < form of reasoning in which from two given or assumed propositions called

the premisses, that have a )ammon or middle ferm, a third is deduced, called the conclusion,from which the middle term is absent

synthesis < combination, composition, putting together, building up of separate elements,especially of propositions, facts or conceptions, into a connected whole, especially a theory or asystem

0;(9(;40

in!uiry investigationlogical deducible

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e"periment testtendency inclinationcomponent partsimilitude likenessto reveal to let appear

1(T9(;40analysis A synthesislogical A illogical

possible A impossibleinductive A deductive

progressive A regressiveto appeor A to vanishstable A unstable


$. an you give e"amples of methods of in!uiryD#. Chat can we use the logical method forD>. Chat is the comparative method used likeD?. ow can the historical method help usD6. 4ake a difference between the method of the e"periment and the method of

sociological in!uiry.%. Chat is the !uantitative method used forD

#.Fill in the blank spaces with the missing words:

a+ n order to e"plain the law are needed all the ........., the ......... and the ......... of generalformal logic.

b+ The comparative method presumes the ......... of some phenomena.c+ The historical method reveals the ......... and the ......... in whichsome juridical institutions appeared or vanished.d+ The !uantitative method is used to analyse some ......... juridical phenomena.

>.'xplain the following terms: syllogism, analysis, cognition and synthesis.

?. )se the following words in sentences of !our own : science, cognition, inductive,

deductive, to reveal.6.Form sentences with the two meanings of the word *trial*.

APPEALS FROM COLONIAL COURTS $USA%

n the latter part of the $EAth century the new colonial charters propietary and royal,reserved for the king in council the right to hear cases on appeal from provincial courts wherethe sum litigated e"ceeded >&& sterling. n the (ew -ngland colonies particularly the appellateauthority was at best grudgingly conceded, as the onnecticut 7hode sland charters made no

provision for judicial review. 1t times, as in the case rost v. 8eighton )$E>H+ an order of thePrivy ouncil was deliberately ignored by the 4assachusetts authorities. Pending appeals,

e"ecutions of the colonial courts were suspended. 0uch appeals were both costly andprotracted.

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Through this appellate procedure the Privy ouncil sought to bring the legal systems ofthe colonies into conformity with that of -ngland, particularly in such matters as the rules ofevidence and jury system. 4ajor issues on colonial policy were reviewed in litigation broughton appeal, notably ndian relations, the colonial currency lawsand interstate succession.urrency practices in the colonies were more generally dealt with by the Privy ouncil under

its authority to disallow colonial legislation or by Parliament. n the suit of the 8irginia clergyinstituted to recover back salaries resulting from the disallowance of the *two penny act*, theouncil, in view of the constitutional storms raised by the 0tamp 1ct, was prompted by the

political considerations to dismiss the appeal on a technicality. n the notable case of Cinthropv. echmere the ouncil held the onnecticut custom of divisible descent of the estates invalidas contrary to the common law, but reversed itself in lark v. Tousey and in the 4assachusettscase of Philips v. 0avage, a great victory for egalitarian property concepts in (ew -ngland.

1dapted from 'oncise 2ictionary of 1merican istory'

&. THE LAW

Generally speaking, by law we understand any normative act issued by a legislative bodyof a state, following a preAestablished procedure. But, what we understand by law is only thenormative act passed in Parliament, following, of course, a preAestablished procedure.

onstitution makes provision for three types of laws: constitutional laws, organic lawsand ordinary laws.

The constitutional laws establish the organisation of the political powers and theprinciples of government of one state, regulate the rules, the fundamental civil liberties andsome important social relations, which are the juridical basis of the other laws.

The constitutional law has to be adopted with a majority of at least two thirds from thetotal number of the members of the Parliament and it is approved by referendum.

The constitution is the fundamental law of a state, consisting of a system of juridicalstandards invested with a superior juridical force. The onstitution is the mirror of theeconomic structures, of the forms of property, of the organi3ation of a state.

The organic laws have the second juridical force after onstitution and after theconstitutional laws. These two establish: the electoral system, the organi3ation of thegovernment, the organi3ation of the 0upreme ouncil of 2efence and of the political parties, ofthe referendum and of the local administration, of the education and of the culture. These lawsdeal with the statute of the civil servants, the administrative disputed claims office, the criminalactions, the punishment and its e"ecution, the conciliation on amnesty and the collective

pardon, too. The organic laws are adopted with the absolute majority of the members of the two

ouses of Parliament.The ordinary laws are adopted with the absolute majority of the members who are presentin each ouse of Parliament. The ordinary laws represent the development of the principlesformulated in the constitutional laws and cannot confute or cannot limit these principles. Theyestablish the most various social relations.

The law has three major characteristics: it is general, compulsory and permanent. The lawis a conscious act of will, which is made to reach some aims and to realise some social ideals. tis general because it is valid for all the members of a society )an e"ception is represented by theind ividuallaws, which are adopted for certain specific acts+. The law is compulsory because itsobservance does not depend on the option of those asked to conform themselves to itsdisposals. 1s a rule, the law is permanent= itis in operation until it is Aif it is abrogated. The only

e"ception is represented by the temporary laws, which are in operation up to a certainestablished date or an event foreseen by that law itself.

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C972 0T/2;to issue < to emerge from a condition= to result, to be derived )from+= to end, to result )in+=

to come out= to be publishedconstitution < body of fundamental principles according to which a state is governed

organic < inherent, fundamental, structuralto regulate < to control by rule, to adapt to re!uirements, to moderateliberty < being free from captivity, imprisonment, slavery or despotic controlliberties < privileges, immunities or rightscivil < people or things in a country that are not connected to its armed forcescivil law < the law of a state related to private and civilian affairsto approve < to confirm, to sanction, to pronounce satisfactory, to acceptreferendum < a vote in which the people in a particular country are all asked to say

whether they agree or disagree with a particular policywill < a document in which you declare what you want to happen to your money and

property after you die

valid < legally acceptable, having legal force, effective, e"ecuted with proper formalitiesinvalid < having no legal forcedisposal < disposing of, getting rid of, settling, dealing with, assignment= control=

disposition, arrangementto foresee < to see beforehand, to predict, to e"ercise foresight

property < owning, thing owned, possessionto claim < to demand as being due or as one*s property= to assert as a fact, maintain

against denialto conciliate < to overcome the hostility of= placate= win over= to win or gain, especially

by making friendly overturesconciliation < the act or process of conciliating, especially the involvement of a third

party in an industrial dispute to assist the parties in reaching a settlementamnesty < intentional overlooking= a general pardon, especially for offences against a

governmentto confute < to prove )a person or thing+ wrong, invalid or mistaken= disprovecompulsory < enforced, compelling, mandatoryto abrogate < to cancel a law or customaim < purpose, object, design

0;(9(;40common < ordinary

to regulate < to moderateaim < purposecompulsory < enforcedliberty < freedomto approve < to confirmconscious < aware

property < possessionliberties < privileges

1(T9(;40general A special

permanent A temporaryvalid A invalid

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conscious A unconsciousmajority A minoritysuperior Ainferior


$. Chat do we understand by lawD#. Chich are the three $ypes of lawsD>. Chat are the constitutional lawsD?. Chat is the onstitutionD6. Cho votes the ordinary lawsD%. Talk about the characteristics of the law.

#.Form sentences with different meanings of the following words: will, property, disposatclaim, liberty, conscious, to issue

>.Fill in the blank spaces with the missing words:

a+ 1 law passes in Parliament following a ......... procedure.b+ There are three types of laws: ......... laws, ......... laws and ......... laws.c+ onstitution is the ......... law of a statel is the ......... of the organisation of a state.d+ The ordinary laws ore adopted with the ......... majority of the members ......... in each

ouse of Parliament.e+ The law is the conscious act of ........ ..f+ The law is valid for all the members of the ........ ..

?.'xplain the following terms: referendum, wilt to foresee, amnesty

6. What do !ou call the laws which:

a+ establish the organisation of the political powersDb+ establish the referendumDc+ represent the development of the principles of the constitutional laws, but cannot

confute themD

%. )se the following words in sentences: to regulate, liberties, conscious, disposal toclaim, amnesty

ADMIRALTY IN LAW AND COURTS IN THE USA

n the $EAth century 1merican colonies, admiralty iurisdiction was generally e"ercised bythe ordinary common law courts, although governors had the right to commission courts of viceadmiralty= but by the end of the century, royal patents were being issued for the establishmentof vice admiralty courts, beginning in (ew ;ork in $%H%.

n addition to the -nglish jurisdiction of the -nglish admiralty courts over such matters aspri3e, wreck, salvage, insurance, freight and passenger contracts, bottomry charter parties andseamen*s wages, the colonial vice admiralty courts enforced the 1cts of Trade. Piracy, whichoriginally was under the jurisdiction of the admiralty, was in the colonies normally dealt with

by courts specially commissioned by the crown to deal with particular cases. Procedure in vice

admiralty was in rem rather than in personam. 1s the vice admiralty courts e"ercised summaryjurisdiction and did not have trial by jury, they attained a considerable degree of unpopularity

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among that element in the colonies opposed to the 1cts of Trade, and in some colonies writs ofprohibition were fre!uently issued by the common law courts again on the vice admiralty onthe ground that the latter court was incompetent to act in particular litigation. 1s a rule, suchwrits were obeyed. ommon law courts throughout the colonial period, as, for e"ample, the4ayor*s ourt of (ew ;ork ity, continued to e"ercise a good deal of admirality jurisdiction.

1fter the 7evolution, most of the states erected their own courts of admiralty, reallycontinuing the provincial courts, but the ederal onvention gave to the federal courts 'all thecases of admiralty and maritime jurisdiction'. 1mong the anachronisms surviving to the #&Athcentury in 1merican admiralty law had been the privilege of the shipowner to limit liabilityafter a disaster to whatever the value of the vessel or wreckage may be after the occurrence ofthe act.

The Titanic and the 4arro astel are two notorious e"amples of the application of thisrule. The evolution of the doctrine of the continuous voyage by the federal courts during theivil Car provided Great Britain during Corld Car with a convenient precedent to justify thesei3ure of the ships bound for neutral ports on the ground that their ultimate destination wasGermany.

ABOLITION MOVEMENT

The first recorded vote against slavery in the /nited 0tates was that on ebruary $FAth,$%FF, by the 4onthly 4eeting of the Germantown, Pa., 0ociety of riends. ong before that,even in $%#?, protests were heard against slavery in the colonies, both in the 0outh and in the

(orth. Chen the 7evolution came, it was plain to increasing number that slavery wasinconsistent with the sentiments of the 2eclaration of ndependence. n Jefferson*s first draft ofthe document, the slave trade was described as a 'cruel war against human nature itself,violating its most sacred rights of life and liberty'. (egroes were freed on enlisting in theontinental arm

texte drept engleza

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