silabus_engleza

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FACULTATEA DE LITERE CATEDRA DE LIMBI STRĂINE SPECIALIZATE FACULTATEA DE DREPT

ENGLISH FOR LEGAL PURPOSES Engleza în scopuri juridică

Silabus pentru

Învăţământul la Distanţă

anul I, sem 1 şi 2

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CUPRINSUL

I. Informaţii generale

Curpinsul.....................................................................................................2

Date de identificare a cursului....................................................................3

Condiţionări şi cunoştinţe prerechizite.......................................................3

Descrierea cursului.....................................................................................3

Organizarea temelor în cadrul cursului......................................................4

Formatul şi tipul activităţilor implicate de curs.........................................5

Materiale bibliografice obligatorii.............................................................5

Calendarul cursului....................................................................................5

Politica de evaluare şi notare.....................................................................6

Elemente de deontologie academică.........................................................6

Studenţii cu dizabilităţi.............................................................................6

Strategii de studiu recomandate............................................................... 6

II. Suportul de curs

Modulul I. Sources of English Law.........................................................9

Modulul II. Branches of Law..................................................................9

Modului III. The Legal Profession in UK..............................................10

Modului IV. Structure of Courts I. ........................................................11

Modulul V. Structure of Courts II..........................................................12

II. Anexe

Bibliografia completă a cursului............................................................12

Alte informaţii relevante pentru curs.....................................................13

Scurtă biografie a titularului de curs......................................................13

*Atenţie! În continuare găsiţi Unit-urile în pdf.!

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I. Informaţii generale Date de identificare curs şi contact tutori:

Nume: lector univ. dr. BRADEA Livia-Otilia Birou: A. Iancu nr. 11, Cabinetul de limbi străine (fosta Clinică juridică) Telefon: 0744 450503 Fax: 0264 – 599 744 E-mail: [email protected] Consultaţii: luni, orele12-14 la catedra de Limbi Străine Specializate, str. Horea nr. 7 şi la cerere la Facultatea de Drept.

Titlul cursului: Curs practic de limba engleză în scopuri juridice Codul cursului: LJ 1101, LJ1201 anul I Drept Sem I şi II, nivel intermediar Tipul cursului: oblig. Pagina web a cursului: http://www.law.ubbcluj.ro Tutori: BRADEA LIVIA – OTILIA şi SOCOL DELIA [email protected]

Recomandări Este important ca studenţii să participe la orele de consultaţii anunţate. Pentru anumite precizări şi detalii se recomandă comunicarea online cu tutorii.

Condiţionări şi cunoştinţe prerechizite Pentru această disciplină se recomandă cursanţilor o bună cunoaştere a limbii engleze, drept pentru care se indică reactualizarea informaţiilor şi a cunoştinţelor generale de limba engleză dobândite în anii de liceu. Descrierea cursului O limbă străină, îndeosebi engleza, a devenit o nevoie imperioasă atât pentru terminarea cu succes a studiilor, cât mai ales pentru înlesnirea integrării în câmpul muncii. Profesiunile juridice au căpătat o deosebită extindere şi implicare în viaţa economică, politică şi socială. Documentarea şi comunicarea juridică sunt facilitate de cunoaşterea temeinică a unei limbi străine. Din această perspectivă, accesul la licenţă este condiţionat de un text de competenţă lingvistică Scopul cursului este consolidarea cunoştinţelor generale de limbă engleză; introducerea in tehnicile de lectură a textelor juridice în vederea extragerii de informaţii; dezvoltarea competenţelor de comunicare scrisă prin elaborarea unor referate cu conţinut juridic în limba engleză şi a competenţei de comunicare orală prin prezentarea referatelor în plen în scopul exersării limbajului juridic de specialitate. În principal, structura cursului se axează pe probleme fundamentale de limbă sub raport recapitulativ, pentru stabilizarea şi dezvoltarea cunoştinţelor de limbă, dar – mai ales – are în vedere achiziţia de vocabular juridic şi comunicarea specifică în scopuri juridice. a. Vocabular: Introducerea în specificitatea limbajului de specialitate juridic. b. Gramatica limbii engleze Recapitularea unor noţiuni de morfologie şi sintaxă însuşite anterior. Dezvoltarea cunoştinţelor de limbă engleză în favoarea limbajului de specialitate juridic; exersarea competenţelor de comunicare orală prin Jocul de rol in context profesional juridic. Folosirea textelor juridice ca suport pentru dezvoltarea abilităţilor de comunicare orala. Familiarizarea cu structura Studiul de caz în vederea susţinerii unui astfel de proiect în plenul clasei.

mailto:[email protected]

http://www.law.ubbcluj.ro


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Organizarea temelor în cadrul cursului Test de plasament pentru evaluarea cunoştinţelor de limba engleză la începutului

cursului. 1. Sources of English Law

Tema familiarizează cu specificul surselor de drept englezesc. Se oferă o comparare a terminologiei folosite în limba engleză şi a celei din limba română. Se explorează şi Sources of Romanian Law pentru a se desprinde ideile, noţiunile şi conceptele care definesc dreptul român.

Studiul individual duce la dezvoltarea deprinderii de a structura informaţia dintr-un text de specialitate.

Problematica temei poate fi găsită pe suportul electronic sau în Unit 2 din manualul English for Legal Purposes, Editura Cavallioti, Bucureşti, 2001 pp- 12-25 2. Branches of Law

Capitolul aduce în atenţia cursantului ramurile de drept: Classification of Law/ Civil Law v. Criminal Law. Se realizează o introducere în terminologia juridică în limba engleză folosită în descrierea ramurilor dreptului.

Se poate compara un Curriculum de la o facultatea de drept din Anglia cu Curriculum-ul de la o facultate de drept din România.

Pentru această temă studiaţi Unit 3 de pe suportul electronic sau Unit 3 din manualul ELP, Branches of Law pp. 26-34.

De asemenea, se pot consulta lucrări din bibliografia generală a cursului. 3. The Legal Profession in UK

Scopul acestei tematici este de a familiariza cursantul cu particularităţile profesiunilor juridice din Marea Britanie. Apoi, se studiază particularităţile profesiunilor juridice din România - The Legal Profession in RO. În acest fel, se poate realiza un tablou comparativ.

Se prezintă profesiunea notarului public din UK şi din RO: Notaries Public in UK and RO. Lecţia vă va familiariza cu diferenţele existente şi particularităţile acestei profesiuni juridice în Marea Britanie şi în România.

Profesiunile juridice sunt foarte atrăgătoare, fiecare în parte putând oferi numeroase satisfacţii; utilizarea limbii engleze în diferite situaţii între parteneri a devenit o condiţie a succesului în afaceri, dar şi în exercitarea cu succes a profesiunii juridice care ajută afacerea. Dea aceea se recomandă să aprofundaţi paragraful Choosing a Legal Career. Problematica modulului se găseşte în unitatea 2 pe suportul electronic sau Unit 4, pp. 33-53, din manualul English for Legal Purposes, [ELP], Editura Cavallioti, Bucureşti, 2001. 4. Structure of Courts I.

Cu tema The US Court System se prezintă cele două tipuri de sisteme judecătoreşti – de stat şi federal, aflaţi cum ajunge un caz la Curtea Supremă.

Se exemplifică aceasta în studiul de caz: Brown vs. Board of Education. Capitolul devine atractiv cu lecţia: The US Constitution Conţinutul Constituţiei SUA.

The Bill of Rights. Se dau informaţii despre Washington DC. v. Unit 5 de pe suportul electronic sau din manual ELP, pp 54-63

5.Structure of Courts II.

Structura instanţelor în UK: The UK Court System şi calificarea juraţilor. Se trece apoi la structura instanţelor judecătoreşti în România: The RO Court System. Lecţia face şi compararea lor cu cele din SUA şi MB.

v. Unit 6 de pe suportul electronic sau din manual ELP, pp 64-79

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Formatul şi tipul activităţilor implicate de curs Studentul are libertatea de a-şi gestiona singur modalitatea şi timpul de parcurgere a

cursului folosind manualul indicat în bibliografie de la biblioteca facultăţii, CDROM-ul primit şi surse de pe internet. . Sesiunile de consultaţii sunt facultative şi vor fi organizate conform programului din calendarul disciplinei. Materiale bibliografice obligatorii:

English for Legal Purposes, Part I -manual pentru studenţii Facultăţii de Drept, elaborat de un colectiv de profesori din ţară prin proiect British Council, Editura Cavallioti, Bucureşti, 2001 Bibliografia suplimentară / opţională: * Brieger, Nick, Professional English. Law., Penguin English, Fifth impression, 2006 * Rivlin, Geoffrey, First Steps in the Law, 2nd edition, Oxford University Press, 2002 * Feinman, Jay M., Everything You Need to Know About the American Legal system, Law 101, Oxford University Press, New York, 2000 * Riley, Alison: English for Law, Macmillan Professional English [London, 1991] * Riley, David: Check Your Vocabulary for Law. A Workbook for Users, Second edition, Peter Collin Publishing [Teddington, UK, 1998] * Vince, Michael: Intermediate Language Practice, Macmillan Heinemann English Language Teaching, [Oxford, 1998] * Murphy Raymond: English Grammar in Use, Cambridge University Press, [1994]

Materiale şi instrumente necesare pentru curs

Mijloace audio-video aparţinând Facultăţii de Drept; xerox, cărţi, dicţionare Calendarul cursului Anul I, sem I

Luna

Capitole

Termen

predare / Locaţia

Tema lucrării (referate, eseu)

Bibliografie obligatorie

O

ctom

brie

Noi

embr

ie

Sources of Law (Unit 1, CD) Branches of Law (Unit 3, CD)

21 nov., 2009

Clinica juridică

Sources of Law around the World (text sscris în engleză de verificare a cunoştinţelor parcurse)

Pr

egăt

ire

cure

ntă

Dec

embr

ie

The Legal profession (Unit 2, CD)

5 dec., 2009

Clinica juridică

The legal Profession in Romania (eseu cca 3 pag.)

English for legal Purposes, part I, Cavallioti, Bucureşti, 2001

ianuarie colocviu 18-19 ianuarie 2009

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Anul I, sem II

Luna

Capitole

Termen

predare / Locaţia

Tema lucrării (referate, eseu)

Bibliografie obligatorie

fe

br.-m

artie

e The Structure of

the Courts I(US) (Unit 5

CD/manual)

6 martie, 2010

ora 10,00 Clinica juridică

The Structure of the Romanian Courts (referat, aprox. 3 pag.)

april

ie

The Structure of the Courts II (UK)

(Unit 6CD) The Structure of the Romanian

Courts

3 aprilie, 2010

orele 1]0-14

Clinica juridică

The Structure of the English, American and Romanian Courts. A comparative approach (referat, aprox. 3 pag.)

Pr

egăt

ire

cure

ntă

iuni

e

colocviu

5-6 iunie, 2010

ora 10.00 CJ

English for legal Purposes, part I, Cavallioti, Bucureşti, 2001

Politica de evaluare şi notare * Studenţii care nu pot fi prezenţi la tutoriale vor prezenta testele şi referatele cu ocazia colocviului. Forma de evaluare ( E-examen, C-colocviu, LP-lucrari de control) C

- răspunsuri la examen/colocviu/lucrari practice 50 - activitati aplicative atestate/laborator/lucrări practice/proiect etc. - teste pe parcursul semestrului 25

Stabilirea notei finale (procentaje)

- teme de control/referate 25 Elemente de deontologie academică

Pentru a evita orice tip de fraudă este necesar ca studenţii să prezinte lucrările cu un grad ridicat de creativitate. Nu se recomandă prezentarea de lucrări luate de pe internet fără a fi prelucrate şi citate sursele. De asemenea, nu se admite prezentarea de lucrări „copiate” în serie de la alţi colegi; fiecare lucrare trebuie să facă dovada contribuţiei proprii la documentarea şi tratarea temei. La examen, nu sunt admise recurgerea la mijloace tehnice de consultare a unei atare bibliografii, precum casca bluetooth, note book-ul, sau lucrări publicate etc. Studenţi cu dizabilităţi

Studenţii afectaţi de dizabilităţi fizice sunt invitaţi să contacteze titularul de curs la adresele menţionate (inclusiv prin e-mail, la adresa [email protected], pentru a identifica soluţiile în vederea pregătirii. Strategii de studiu recomandate

Materia este structurată pe 5 module, corespunzând perioadei celor două semestre. Pentru a obţine performanţe în studiu şi comunicarea în limba engleză, se recomandă parcurgerea


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suportului de curs şi rezolvarea exerciţiilor; de asemenea, se recomandă lectura de publicaţii de specialitate în limba engleză şi folosirea limbii în cât mai multe situaţii profesionale.

Pentru a obţine performanţa maximă, este recomandat un număr minim de 3 ore de studiu / săptămână pentru parcurgerea suportului de curs şi rezolvarea lucrărilor de verificare a însuşirii cunoştinţelor. O strategie optimă de studiu include câteva etape: lectura de familiarizare; lectura de aprofundare; realizarea de exerciţii scrise şi comunicarea cu colegii direct sau online, recapitularea extinsă pentru fixarea temeinică a cunoştinţelor.

Manualul recomandat este alcătuit atractiv, intuitiv şi participativ. Dacă se parcurge cu atenţie şi metoc, tenace şi cu interes continuă puteţi asimila cu uşurinţă structuri logice de limbă, vocabular şi vă puteţi clarifica singuri capcane ale limbii engleze. Procedând în acest fel vă apropiaţi de specificul discursului juridic în limba engleză, vă uşuraţi comunicarea scrisă şi orală, ceea ve vă va permite să relaţionaţi, să înţelegeţi ce auziţi cu uşurinţă, să vă documentaţi în materiile dreptului şi, desigur, în perspectivă o integrare profesională facilă.

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II. Suportul de curs

• Modulele se găsesc ataşate în format pdf. la finalul Suportului de curs.

**Sarcinile şi temele care vor fi notate sunt menţionate în calendarul disciplinei. De asemenea, aveţi precizată bibliografia recomandată – obligatorie şi suplimentară, în paragraful

Organizarea temelor în cadrul cursului.

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Modulul 1. SOURCES OF ENGLISH LAW

Scopul: Familiarizarea cu istoria şi specificul surselor de drept englezesc şi dezvoltarea deprinderii de a

structura informaţia dintr-un text de specialitate. Recapitularea unor probleme de gramatică care se regăsesc în contextul lecţiei.

La finalul studiului studentul trebuie să fie capabil: Obiectivele:

4să înţeleagă şi să-şi însuşească sursele şi terminologia folosită în limba engleză 4să compare terminologia juridică în engleză cu cea în limba română 4 selectarea prin lectură şi structurarea informaţiei necesară unei prezentări orale 4să folosească corect forme gramaticale specifice limbii engleze 4folosirea corectă a adverbelor şi locuţiunilor

Schema logică a modului *Schema logică se află la începutul unităţii, cuprinde secţiunile – A,B,C,D modalităţile şi metodele prin care abilităţile vor fi dezvoltate prin studiu – vorbirea, ascultarea, scrierea, citirea, vocabularul juridic achiziţionat, precum şi itemii gramaticali învăţaţi şi exersaţi.

Sarcina la acest modul este rezolvarea testului Sources of Law around the World, care va fi predat la tutorialul din data de 21.11.2008 sau cu ocazia colocviului din 18-19 ianuarie.

Bibliografie: Ñ***English for Legal Purposes, Part I ÑBrieger, Nick, Professional English. Law., Penguin English, Fifth impression, 2006 Ñ Gillian, D. Brown, Rice, Sally, Professional English in Use. Law, Cambridge University Press ÑGubby, Helen, English legal terminology. Legal concepts in language, Den Haag, 2004

Modulul 2. BRANCHES OF LAW

Scopul: Cunoaşterea ramurilor dreptului britanic pentru a le putea compara cu cele din dreptul

românesc. Obiective:

4să cunoască cu exactitate ramurile dreptului englezesc şi formele lingvistice de exprimare în limbă

4să compare şi să utilizeze dreptul românesc cu dreptul englezesc 4să exprime idei şi opinii proprii despre particularităţi şi diferenţe în limba engleză –

corect şi coerent 4 să utilizeze expresii englezeşti pentru descrierea şi compararea (Useful language) specificului unor ramuri de drept 4 să argumenteze opiniile şi îşi asume poziţii în dezbatere

Schema logică a modului *Schema logică se află la începutul unităţii, cuprinde secţiunile – A,B,C, modalităţile şi metodele prin care abilităţile vor fi dezvoltate prin studiu – vorbirea, ascultarea, scrierea, citirea, vocabularul juridic achiziţionat, precum şi itemii gramaticali învăţaţi şi exersaţi.

Sarcina la acest modul este rezolvarea testului Sources of Law around the World, care va fi predat la tutorialul din data de 21.11.2008 sau cu ocazia colocviului din 18-19 ianuarie.

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Bibliografie: Ñ***English for Legal Purposes, Part I Ñ Brieger, Nicck, Professional English. Law., Penguin English, Fifth impression, 2006 Ñ Krois-Linder, Any and TransLegal, International Legal English, Cambridge University Press, 2006 Ñ Brown, W., Gordon, Legal terminology, Fourth edition, Pearson, Prentice Hall, 2004 Ñ Gubby, Helen, English legal terminology. Legal concepts in language, Den Haag, 2004

Modulul 3.

THE LEGAL PROFESSION IN UK

Scopul Cunoaşterea particularităţilor profesiunilor juridice din marea Britanie în comparaţie cu

cele din România şi asimilarea formulărilor adecvate în limba engleză. Obiective

4să identificee informaţia din text şi Info box necesară pentru a înţelege corect particularităţile profesiunilor juridice britanice aşa cum sunt formulate în limba engleză 4 să recunoască şi să explice diferenţele existente între profesiunile juridice din România şi Marea Britanie 4 să sintetizeze informaţia acumulată în lecţie şi să exprime puncte de vedere personale privind tema dezbătută într-un eseu 4să folosească corect propoziţiile relative ale limbii engleze 4 să folosească corect adverbelor şi locuţiunilor


Verbul şi formele sale ridică destule probleme atât în comunicarea orală cât şi în cea

scrisă. Vă recomandăm să revedeţi capitolul verbul, insistând de această dată pe particularităţi ale verbelor to ensure, assure şi insure.

Vă propunem să aprofundaţi cu ajutorul lecţiei din manual profesiunea notarului public din UK precum şi cea din RO: Notaries Public in UK and RO. Lecţia vă va familiariza cu diferenţele existente şi particularităţile acestei profesiuni juridice în Marea Britanie şi în România.

În continuarea reactualizării cunoştinţelor de gramatica asupra verbului revedeţi participiile şi infinitivele.

Încercaţi evoluţia unui Joc de rol: întâlnirea cu un Notar public pentru realizarea unui contract de împrumut financiar de la o persoană privată.

Choosing a Legal Career. Aşa cum aţi constata până acum, profesiunile juridice sunt foarte atrăgătoare, fiecare în parte putând oferi numeroase satisfacţii; utilizarea limbii engleze în diferite situaţii între parteneri a devenit o condiţie a succesului în afaceri, dar şi în exercitarea cu succes a profesiunii juridice care ajută afacerea. Aveţi ocazia să exersaţi modul cum se alege o profesiune juridică şi cum este indicat să vă comportaţi atunci când participaţi la un interviu pentru obţinerea unui post. Încercaţi să discutaţi în limba engleză, fie direct, fie online cu un coleg despre oportunităţilor privind o viitoare carieră juridică. De asemenea, vă

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recomandăm în acelaşi fel un Joc de rol aplicat situaţiei – participarea la un interviu, realizând un dialog între solicitant(ul) de job juridic şi un angajator.

Revedeţi caracteristicile verbelor la condiţional. Bibliografie: Ñ***English for Legal Purposes, Part I, Editura Cavallioti, Bucureşti, 2001 Ñ Gillian, D. Brown, Rice, Sally, Professional English in Use. Law, Cambridge University Press, 2007 Ñ Brieger, Nicck, Professional English. Law., Penguin English, Fifth impression, 2006 Ñ Krois-Linder, Any and TransLegal, International legal English, Cambridge University Press, 2006

Modulul 4.

STRUCTURE OF COURTS I. Scopul:

Familiarizarea cu sistemele judecătoreşti din SUA din perspectiva Constituţiei americane. Obiectivele:

4să achiziţioneze noi termeni adecvaţi şi specifici limbajului de specialitate juridic (discurs, registru) 4să realizeze conexiuni corecte între sistemele juridice din diferite ţări 4să integreze învăţarea profesională propriu-zisă în limba română şi învăţarea integrată a limbii engleze. 4să comunice oral şi scris în limba engleză la nivele de competenţă şi performanţă academică ridicată în situaţii şi contexte profesionale;


Cu tema The US Court System vă familiarizaţi cu cele două tipuri de sisteme judecăto-reşti – de stat şi federal, aflaţi cum ajunge un caz la Curtea Supremă.

Exemplificarea în studiul de caz: Brown vs. Board of Education. Iată un paragraf foarte atractiv al lecţiei: The US Constitution Conţinutul Constituţiei

SUA. The Bill of Rights. Informaţii despre Washington DC. Exerciţiu: scrierea unui paragraf despre sistemul instanţelor din SUA.

Bibliografie: Ñ Gillian, D. Brown, Rice, Sally, Professional English in Use. Law, Cambridge University Press, 2007 ÑGubby, Helen, English legal terminology. Legal concepts in language, Den Haag, 2004 Ñ Brieger, Nicck, Professional English. Law., Penguin English, Fifth impression, 2006 Ñ Krois-Linder, Any and TransLegal, International legal English, Cambridge University Press, 2006 Ñ Rivlin, Geoffrey, First Steps in the Law, 2nd edition, Oxford University Press, 2002 Ñ Dhuicq, Bernard, Frison, Daniele, The English and American Legal Systems - Principes, Procédures et Institutions Juridique GB/US, [Pocket 1993]

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Modulul 5. STRUCTURE OF COURTS II.

Scopul: Dobândirea de către cursant al unei viziuni specifice şi integrate cu privire la instanţelor

judecătoreşti din România şi din SUA şi MB. Pe această bază, să comunice efectiv şi eficient la nivel general şi profesional prin dezvoltarea unitară a deprinderilor de limbă engleză – vorbire, scriere, citire, înţelegere

Obiective: 4să achiziţioneze termeni adecvaţi şi specifici limbajului de specialitate juridic (discurs, registru) prin asumarea de roluri, producerea de opinii, decizii şi redactarea corectă a unor documente juridice; 4să facă dovada unei incidenţe benefice (conexiuni) între învăţarea profesională propriu-zisă în limba română şi învăţarea integrată a limbii engleze. 4să comunice efectiv şi eficient la nivel general şi profesional prin folosirea unitară a deprinderilor de limbă engleză – vorbire, scriere, citire, înţelegere; 4să folosească abilităţile de limbă engleză pentru a realiza tipuri de documente juridice atât din punct de vedere al organizării textului, cât şi al stilului limbii;

Schema logică a modului *Schema logică se află la începutul unităţii, cuprinde secţiunile – A,B,C, modalităţile şi metodele prin care abilităţile vor fi dezvoltate prin studiu – vorbirea, ascultarea, scrierea, citirea, vocabularul juridic achiziţionat, precum şi itemii gramaticali învăţaţi şi exersaţi.

The UK Court System. Structura instanţelor în UK. Calificarea juraţilor. The RO Court System. Structura instanţelor judecătoreşti în România.. Atitudinea

publicului faţă de instanţele judecătoreşti româneşti. Aprofundarea cunoştinţelor de gramatică: verbele modale – will vs. would. Pasivul. Forme în -ing.

Vocabular: prefixe negative. Bibliografie: Ñ***English for Legal Purposes, Part I Ñ Brieger, Nicck, Professional English. Law., Penguin English, Fifth impression, 2006 Ñ Krois-Linder, Any and TransLegal, International legal English, Cambridge University Press, 2006 Ñ Gillian, D. Brown, Rice, Sally, Professional English in Use. Law, Cambridge University Press ÑGubby, Helen, English legal terminology. Legal concepts in language, Den Haag, 2004 Ñ Rivlin, Geoffrey, First Steps in the Law, 2nd edition, Oxford University Press, 2002

III. Anexe Bibliografia completă a cursului

A. Culegeri de texte de specialitate:

1. *** English for Legal Purposes, Part I, E.L.P., Cavallioti Publishing House – The British Council, Bucharest, 2001, Part I

2. Brieger, Nicck, Professional English. Law., Penguin English, Fifth impression, 2006 3. Krois-Linder, Any and TransLegal, International Legal English, Cambridge University

Press, 2006

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4. Gillian, D. Brown, Rice, Sally, Professional English in Use. Law, Cambridge University Press, 2007

5. Brown, W., Gordon, Legal terminology, Fourth edition, Pearson, Prentice Hall, 2004 6. Gubby, Helen, English legal terminology. Legal concepts in language, Den Haag,

2004 7. Rivlin, Geoffrey, First Steps in the Law, 2nd edition, Oxford University Press, 2002 8. Riley, David: Check Your Vocabulary for Law. A Workbook for Users, Second

edition, Peter Collin Publishing [Teddington, UK, 1998] 9. Dhuicq, Bernard, Frison, Daniele, The English and American Legal Systems -

Principes, Procédures et Institutions Juridique GB/US, [Pocket 1993] 10. Rusu, Liliana, Beizadea, Coziana-Mariana Limba engleză pentru studenţii Facultăţii

de drept, Editura Sylvi, Bucureşti, 2001 11. Molnar-Oprea, Nicoleta, Mateescu, Marinela-Carmen, Suciu, Cosmin Curs de limba

engleză pentru studenţii facultăţilor cu profil juridic, All [All Educational, 2000] 12. Merealbe, Emanuel Limba engleză pentru jurişti, Editura Eficient, 1998 [Bucureşti]

B. Dicţionare de drept: 1. ***BLACK’S Law Dictionary, ed. West Group, St. Paul, Minn., [1999] 2. *** Oxford Dictionary of Law, Fourth edition, Oxford University Press [1997] 3. Collin, P.H.:Dictionary of Law, Third edition, Peter Collin Publishing, [Teddington,

UK, 2000] 4. Gifis, Steven H. BARRON’S Dictionary of Legal Terms, Third Edition [New York,

1998] 5. Cutts, Martin Making Sense of English in the Law, Edinburg-New York [1992] 6. Hanga, V., Calciu, R., Dicţionar juridic englez-român, român-englez, ed. Lumina Lex,

1994 C. Volume de gramatică:

1. Vince, Michael: Intermediate Language Practice, Macmillan Heinemann English Language Teaching, [Oxford,1998]

2. Murphy, Raymond English Grammar in Use, Cambridge University Press, [1994] 3. Swan, Michael, Walter, Catherine, How English Works, Oxford University Press,

[1998] 4. Ur, Penny, Grammar Practice Activities, Cambridge University Press, [1998] 5. Bădescu, L.Alice: Gramatica Limbii Engleze, Editura Ştiinţifică şi Enciclopedică.,

Bucureşti, 1984 6. Chilărescu, Mihaela, Paidos, Constantin Proficiency in English, Instititul European,

[Iaşi] 2001 *

*Obs. În locul unui glossar, oricum, parţial, recomandăm lucrul cu dicţionarele indicate. Alte informaţii relevante pentru curs Este util să fiţi atenţi la manifestările pe care le organizează studenţii de la cursurile de zi: cercuri de studiu/cercetare pe domeniul juridic. În cadrul concursului Mott competition se prezintă speţe interesante. De asemenea, puteţi consulta de pe internet texte, studii de caz, dicţionare şi publicaţii cu profil juridic. Scurtă biografie a titularului de curs Titularul cursului, Bradea Livia Otilia, este lector la catedra de Limbi Străine Specializate din cadrul Facultăţii de Litere, UBB. Este licenţiată în filologie (engleză-germană) şi drept. A participat la cursuri de perfecţionare pentru predarea limbii engleze în scopuri specifice

14

organizate în ţară de Consiliul Britanic şi la un stagiu la Nottingham Trent University în cadrul programului TEMPUS. Este doctor în Ştiinţele Educaţiei din anul 2003. Predă limba engleză în scopuri juridice la Facultatea de Drept din anul 1997. A făcut parte din echipa naţională care a elaborat manualul “English for Legal Purposes”, vol. I-II, în cadrul Programul EUROACCES al Consiliului Britanic – Bucureşti. A publicat 2 lucrări originale cu autor unic, a colaborat la 5 volume colective şi are studii şi articole publicate în ţară şi străinătate.

*

UNIT ONE: SOURCES OF LAW

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eeexxxaaammmppplleee...judicial precedent

books of authority drept cutumiar

Jurispruden

case law custom

statute law

doctrin cutum

precedent judiciar

common law legisla ie

INFO BOX

Common law. As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgements and decrees of the courts recognising, affirming and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. In general, it is a body of law that develops and derives trough judicial decisions, as distinguished from legislative enactments.

Walker, David (1980) The Oxford Companion to Law OUP

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the Civil Code of 1864

the Old Testament

customs

the Napoleonic Code

the Ottoman rule

Constantin Mavrocordat’sreform

case law

the 1859 union of Wallachia & Moldavia

EC treaties

the union of the 3 Romanian provinces under the reign of Michael the Brave

the Romanian Constitution of 1923

Roman law

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a. THEORETICAL or PHILOSOPHICAL b. HISTORICAL

c. LITERARY d. DOCUMENTARY e. FORMAL 1. The _______________ sources of law are the acts and events in past time, which have given rise to particular principles and rules of law. In the United Kingdom and Continental European legal systems generally these include the Roman law, the canon law, the feudal customs, the law merchant and the general maritime law of Western Europe. In particular countries, such as England, they include the Magna Carta or the constitutional disputes between King and Parliament in the 17th century.

3. The term is used of the _____________________ sources which, by reason of their accepted authority, confer validity and legal force on principles and rules drawn from them. They are the recognised law-creating and law-declaring agencies from which come valid rules of law. In this sense, the formal sources of law in the United Kingdom are declarations by Parliament in the form of legislation, statements of law by superior courts, statements by authors of books of authority, customs, agreement of parties, and judicial ideas of justice, equity, morality and reason.

2. The term �sources� is sometimes applied to those ________________ principles which have influenced law, motivated legislation or prompted change. Thus, the source of many principles of equity was the idea of natural justice and that of much reforming legislation in the 19th century was utilitarianism, the philosophy of utility. In Eastern Europe, the philosophy of Marxism-Leninism has been the source of whole legal systems.

4. The term is used of the _________________ sources, the documents containing the authoritative statements of rules of law. In the United Kingdom, these are the volumes of statutes, statutory instruments and of reports of case law, and the writings of jurists, which are recognised as books of authority, such as Coke and Blackstone.

5. The term is used of the _________________ sources, legal literature, the books to which one turns for information. These include encyclopaedias, treaties, textbooks, and works of reference, which are based on the material sources but have no authority and validity as rules of law, and no judge is bound to accept the rules so stated as correctly stated.

INFO BOX

Equity. Justice administered according to fairness as contrasted with the strictly formulated rules of common law. It is based on a system of rules and principles which originated in England as an alternative to the harsh rules of common law and which were based on what was fair in a particular situation. One sought relief under this system in courts of equity rather than in courts of law. The term �equity� denotes the spirit and habit of fairness, justness, and right dealing which would regulate the intercourse of person with person. Equity is a body of jurisprudence, or field of jurisdiction, differing in its origin, theory and methods from the common law; though procedurally, equitable and legal rights and remedies are administered in the same court.

Walker, David (1980) The Oxford Companion to Law OUP

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1. What are the historical sources that have shaped the legal system of the United Kingdom? 2. Which two philosophical principles influenced 19th- century English law? 3. What are the formal sources of law in the UK? 4. What is the name used for writings by jurists, such as Coke and Blackstone? 5. Are legal treaties and encyclopaedias accepted as binding in courts of law? NNNooowww cccooommmpppaaarrreee yyyooouuurrr aaannnssswweeerrrsss wwiiittthhh ttthhheee ttteeexxtt...

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e.g. GOLIESATINL L E G I S L A T I O N 1. VISIONPRO _ _ _ _ _ _ _ _ _ 2. ROUCES _ _ _ _ _ _ 3. VARPEIL _ _ _ _ _ _ _ 4. DETELEGAD _ _ _ _ _ _ _ _ _ 5. SEAWLCA _ _ _ _ _ _ _ 6. UTASTET _ _ _ _ _ _ _ 7. ROMERF _ _ _ _ _ _ 8. SIODECIN _ _ _ _ _ _ _ _ 9. PREDECENT _ _ _ _ _ _ _ _ _ 10. ORNIM _ _ _ _ _ 11. TUSTATORY _ _ _ _ _ _ _ _ _

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i

1 L E G I S L A T I O N 2 3 4 5 6 7 8 9

10 11 12

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English law stems from seven main ______________ (1), though these vary a deal in importance. The basis of our law today is ____________(2), a mass of judge-made decisions which lays down rules to be followed in future cases. For many centuries it was the main form of law and it is still very important today. However, the most important form of law, in the sense that it _____________ (3) over most of the others, is _______________ (4), or Acts of Parliament, which today is the source of most major changes in the law. As well as being a source of law in their own right, statutes contribute to case law, since the courts occasionally have to interpret ______________ (5) provisions, and such decisions lay down new ______________ (6). ______________ (7) legislation is a related source, laying down detailed rules made to implement the broader _____________ (8) of statutes. An increasingly important source of law is the _______________(9) of the European Communities, which is the only type of law that can take precedence over statutes in the UK, and is increasingly influencing the ________________ (10) of the courts in interpreting statutes. Finally, custom, equity and obligations relating to international treaties are ____________ (11) sources of law, though Britain’s obligations under the European Convention on Human Rights have produced notable contributions to law ______________ (12).

Source: Catherine Elliott and Frances Quinn (1998) English Legal System, London: Longman

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precedent legislation contribute equity courts statutes statutory interpreting implement vary law international provisions

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T F 1. The English legal system is based on Roman law. 2. Most legal systems have their origins in ancient customs. 3. English common law was originally based on oral customs of the Anglo-Saxons. 4. Common law, also known as statutory law, is the ancient unwritten law of England. 5. Equity originated as a more flexible system of jurisprudence than common law. 6. Legislation means judge-made law.

7. Parliament�s enactment is not absolutely binding on all courts and all citizens. 8. In Britain today Parliament is the supreme legislative body. 9. The principle behind the doctrine of precedent is that judges follow the example of precedent of earlier decisions.

10. If domestic law and international law have different provisions concerning the same issue, judges may choose to apply either of them.

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COMMON LAW

PRECEDENT

TEXT BOOKS

EC LAW

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Name of topics One of the great fascinations of the law is that it reflects history, politics, economics and changing social values. Politicians come and go; public concerns fluctuate with remarkable speed; theories of behaviour developed by sociologists and criminologists find favour then fade; moral values differ from individual to individual, but the law is the formal code by which society chooses to regulate its behaviour. For example, the Public Order Act 1986 strengthened the provisions on crimes of racial hatred in response to public concern about the increase in such incidents. In the civil law, liberalisation of the divorce laws and the abortion laws illustrates that the law is a formal regulatory code and does not necessarily coincide with individual views about morality or the stability of social structures. More immediately, our laws come from two sources: legislation and the common law.

INTRODUCTION

Much of our law derives from specific legislation � Acts of Parliament proposed, debated, and amended in the Houses of Commons and Lords and finally accorded Royal Assent by the Sovereign. During the 1990s there has been much new legislation in the field of criminal law, some of it motivated by

a wish to make long-term improvements to the quality of justice, some motivated by short-term political expediency. For example, the short-lived unit fine system, introduced by the Criminal Justice Act 1991, proved disastrous and the Government was forced to backtrack very quickly. The same Act severely restricted the extent to which offenders� records could be taken into account when sentencing, and again this had to be abandoned very soon after. This is not to say that the 1991 Act was without merit; this Act also introduced a structured approach to sentencing which has proved largely successful. Acts of Parliament are increasingly supplemented by rules made by Statutory Instrument (�Regulations� or � Orders�). Thus, an Act may lay down legal principles, but give authority to a particular government minister to make rules, having the force of law, on secondary matters such as procedure or dates of implementation. For example, the Children Act 1989 set out the �welfare of the child�, �delay� and �no order� principles, the orders which courts can make, and so on, but left many details to be filled in by statutory instruments. Thus, procedure, the court in which proceedings should start, fees payable and many other matters are regulated by a host of Orders and Regulations, which are amended and updated from time to time. These Regulations are drafted by government departments and become law by being laid before Parliament for the requisite period. They may be subject to �positive� or �negative� resolution; either Parliament must specifically approve them before they become law, or they become law in the absence of any objection. The latter is the more common method, although it has attracted some criticism and more matters are controlled by Statutory Instrument and are not subject to full Parliamentary scrutiny. Local authorities may also be given powers to make by-laws applying in their own areas only. For example, the procedure by which local authorities can require dog-walkers to �poop scoop� has just been vastly simplified in an attempt to make it easier to keep public places clean and hygienic.

1. ________________

Unlike many other countries, English law has not been fully codified into statute, and many important provisions do not appear in any written law, but remain based, wholly or partly, in the common law � established custom as adopted and developed by judges over the years. For the details of this kind of law, it is necessary to refer to reported judgements. The most important example of a common law offence is murder: the constituents of �malice aforethought� and an intention unlawfully to kill or cause grievous bodily harm derive from what judges have said in the past, not from any Act of Parliament which says that murder is a crime. Statute has, though, intervened to impose a mandatory life sentence for those convicted of murder, and, more recently, to abolish the old common law rule that death must occur within a year and a day to constitute murder.

2. _______________

In the interests of fostering certainty, the principle of legal precedent promotes consistency in decision-making. Thus, largely, higher courts should follow their own earlier decisions, and decisions made in higher courts are binding on lower courts: what the House of Lords says is binding on the Court of Appeal; what the Court of Appeal says applies in all lower courts. The principle of precedent applies to both civil and criminal cases, and to the implementation of both common law and statute-based

3. _______________

law. Magistrates� courts and the Crown Court are not bound by their own earlier decisions, but they are bound by the decisions of the higher courts. The tradition is to name criminal cases in the style �R Smith�, where R stands for , all cases still strictly being brought by the prosecutor on behalf of the sovereign; and being the name of the defendant; or, for short, the case may be referred to simply as � �. Reports published in the official law reports, the All England Law Reports and the Weekly Law Reports may well be mentioned. Although English legislation tends to be drafted in a fairly detailed way by comparison with that of other European countries, and certainly with European Community (EC) legislation, the draftsmen cannot always contemplate every conceivable situation, and are not always as precise in their wording as might be desirable. Gaps, inconsistencies and ambiguities are dealt with by �judicial interpretation� in individual cases. Sometimes such interpretations reveal gaping holes in the law � tax lawyers are adept at seeking out such loopholes. Sometimes a court will refer to clarify the intention of Parliament in passing a particular piece of legislation, in an endeavour to interpret it in the right spirit. Interpretations of this kind are, like anything else, subject to the rule of precedent. Some judges have been said to be rather too imaginative in the use of this power, to the extent that they make law in usurpation of the prerogative of Parliament.

4. _______________

Finally, the courts of England and Wales are subject to EC law, which takes priority over all domestic law. The Community makes laws by means of Directives (which must then be implemented in each member state by domestic legislation); Regulations (which are directly binding on the member states) and Decisions, which concern particular matters and are addressed only to the individual Member State concerned. Most of the EC�s legislative activities do not affect the criminal courts, but environmental protection is an increasingly important exception. For example, and this is by no means an isolated example, Regulations which came into force in September 1996 implemented a directive on hazardous waste and created certain new criminal offences.

5. _______________

Text books have no formal place in making and interpreting the law, but advocates in court often refer to certain established works when seeking to persuade the judge of a particular point of view. Arguments on doubtful points of law are fairly rare in the magistrates� courts, but leading books are often referred to to explain the relevant law, even though it may not be in doubt. This is particularly likely in a case which is relatively unusual for

6. _______________

magistrates. Among authoritative books sometimes referred to are

and . Generally, the more editions of a

book that have been published, and the fact that it is referred to by its author�s (or original author�s) name alone, the more authoritative it is!

, Blackstone Press Ltd., London, 1997

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NOUN VERB ADJECTIVE law - to regulate code amended offender procedure resolution to approve scrutiny to require provision mandatory to abolish

- binding prosecution statute - defence judgement persuasive

authoritative

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1. There are ___________ difficulties in getting this Bill through Parliament. 2. The _____________ of the death penalty is a prerequisite of EU accession. 3. She said that she did not want a lawyer and was going to conduct her own

_________. 4. UK judges are ____________ by the decisions of superior courts. 5. Bleak House is about the failings of the English _________ system in

Victorian times. 6. The Romanian civil law was _________ in 1864. 7. You must produce the _________ documents to prove that you�re the owner,

before we can let you have the car. 8. The body of law contained in Acts of Parliament is known as __________

law.

PROCEDUREABOLISHDEFEND

BINDINGJUDGE

CODEREQUISITION

STATUTORY

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a. fortuitous/ incidental b. encouraging/favouring c. to try/make an effort d. hesitate, oscillate, vary e. suitability/appropriateness f. to make clear or understandable g. ways of escaping a rule h. proved guilty of a crime i. to withdraw j. uniformity/unity

_______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________

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t

The Sources of Romanian Law

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English for Law � ANSWER KEY

___e.g. judicial precedent__ ____________________

UUNNIITT TTHHRREEEE:: TTHHEE LLEEGGAALL PPRROOFFEESSSSIIOONN SSSEEECCCTTTIIIOOONNN AAA::: TTTHHEEE LLLEEEGGGAAALLL PPPRRROOOFFFEEESSSSSSIIIOOONNN IIINNN TTTHHHEEE UUUKKK H

nAAA...111... Pre-reading discussion WWWhhhaaattt dddooo yyyooouuu kkknnnooowww aaabbbooouuuttt ttthhheee llleeegggaaalll ppprrrooofffeeessssssiiiooonnn iiinn RRRooommmaaannniiiaaa??? Work in groups and try to answer as many of the following questions as possible:

1. What are the main branches of the legal profession in Romania? 2. What is the difference between a lawyer, a public prosecutor and a judge? 3. What basic responsibilities and duties do the above mentioned professionals have? 4. Do you know the necessary steps one must take in order to become a lawyer in Romania? 5. How are Romanian lawyers organized on national and local level? 6. Are there any major differences between the legal profession in our country and in Britain? AAA...222... RRReeeaaadddiiinnngggYou are going to read a text about the legal profession in the UK. Read the whole text and check your

understanding of the main points by completing each sentence below with the correct alternativefrom a, b and c.

1. Lawyers may exercise their profession

(a) as lawyers, solicitors and barristers; (b) as solicitors and barristers; (c) as solicitors, barristers and judges

2. The controlling body for solicitors is: (a) the Law Society (b) the Inns of Court (c) the Bar Council

3. All lawyers undergo an extensive period of education through: (a) practical training (b) formal academic learning (c) both

4. In the case of solicitors the practical training takes the form of: (a) one-year training (b) two-year training (c) three-year training

5. A barrister must join: (a) one of the four Inns of Court (b) the Inns of Court (c) the Law Society

6. The barrister�s task is: (a) to present the case (b) to express the arguments on the client�s behalf (c) both

7. Solicitors (a) deal directly with the client (b) ensure that the barrister chosen is properly and fully instructed (c) do both of the above and some other tasks as well

8. Barristers have: (a) limited rights of audience (b) full rights of audience (c) rights of audience in lower courts

2

The legal profession is divided into two branches, barristers and solicitors. The former are

legal practitioners, who have been admitted to plead at the bar and who are engaged in conducting the trial or argument of causes; they have exclusive right of audience in the Supreme Court. The latter assemble the materials necessary for presentation in court and settle cases out of court. They may also practise in most inferior courts, such as county courts and certain proceedings of the Crown Court.

Each have their own controlling bodies - the Bar Council and the Law Society respectively -

and an intending lawyer must decide, at a relatively early stage in legal training, whether to practise as a solicitor or a barrister, because apart from the initial period of legal education (usually a law degree course) the two branches are mutually exclusive in terms of personnel and training, although rather less so in terms of their work. The controlling bodies exercise strict codes of professional ethics and standards of practice: this is one of the ways in which the exclusivity of the profession, and its claim to produce high standards of work, are maintained. Both bodies act as disciplinary agencies to deal with any alleged breach of these codes, and for serious breaches a member of either branch of the legal profession may be �struck off�.

This exclusivity is further promoted by the impact of training and socialisation. All lawyers

undergo extensive periods of education, both through formal academic learning and through practical training in legal work. In the case of solicitors, this practical training takes the form of a two-year period, after obtaining a law degree and completing the one-year Legal Practice Course, in a training contract with a firm of practitioners. For intending barristers, the period of training is rather more complicated and less financially secure, but possibly more intensive because of the immersion of the novice in the traditions and practices of the Bar. Apart from undertaking various examinations in the law, the prospective barrister must also join one of the four Inns of Court, where the life of the barrister is learned. The various rules and institutions of the Bar serve to socialise the novice into the established ways of that branch of the profession, where customs, traditions and etiquette play so great a part. Barristers� professional, and often much of their social, life involves an exclusive and somewhat socially isolated experience where the company in which they move comprises, very often, other barristers and judges who are members of the same Inn.

For many people, the image of the typical lawyer and his work is that presented in the formal setting of the courtroom. Here, it is traditionally the barrister, in wig and gown, who presents the case and expresses the arguments on the client�s behalf; the solicitor�s task is to deal directly with the client, to ensure that the barrister chosen is properly and fully instructed, to collect and collate all relevant evidence (such as witnesses, statements, letters, photographs and so on) and to ensure that all relevant persons are present in court on the day of the trial.

This image of lawyers and their work is, however, somewhat misleading: the traditional

division of functions in the courtroom has gradually been broken down. Although only barristers have full �rights of audience� (that is, the right to address the judges� bench directly on the client�s behalf) in all courts, solicitors have full rights of audience, too, in magistrates� and county courts, and in some Crown courts.

Source: Harris, Phil (1997) An Introduction to Law, Butterworths

3

INFO BOX. Do you know what the following terms mean?

Inns of Court Any of the four autonomous institutions, one or more of which English barristers must join to receive their training and of which they remain members for life: the Honourable Societies of Lincoln�s Inn, the Middle Temple, the Inner Temple, and Gray�s Inn. These powerful bodies examine candidates for the Bar, �call� them to the Bar, and award the degree of Barrister.

Garner, Bryan A (ed. in chief) (1999) Black’s LawDictionary St. Paul, Minn.: West Group

Bar Council The common name for the General Council of the Bar of England and Wales which in 1894 replaced the Bar Committee. It comprised the Law Officers, the Chairman and Vice-chairman, 48 elected practising barristers, additional members appointed on account of their position or to represent any section of the Bar not adequately represented, and persons co-opted Honoris Causa. It was supported by contributions from the Inns of Court and subscriptions. It issued rulings and gave guidance on professional etiquette and conduct but had no disciplinary power. It was concerned generally with the independence, honour and integrity of the Bar and the improvement of the administration of justice. In 1974 it, and the Senate of the Four Inns of Court, was replaced by the Senate of the Inns of Court and the Bar and a new Bar Council came into existence exercising through its Bar Committee, exclusive jurisdiction in matters of professional conduct and etiquette falling short of disciplinary proceedings.

Walker, David (1980) The Oxford Companion toLaw OUP

Crown Court An English court having jurisdiction over major criminal cases. Crown Courts date from 1971, when they assumed the criminal jurisdiction of the Assize Courts and all the jurisdiction of the Courts of Quarter Sessions. Garner, Bryan A (ed. in chief) (1999) Black’s Law

Dictionary St. Paul, Minn.: West GroupThe Law Society A professional organisation in England, chartered in 1845, governing the education, practice, and conduct of articled clerks and solicitors. A clerk or solicitor must be enrolled with the Law Society to be admitted to he legal profession. Garner, Bryan A (ed. in chief) (1999) Black’s LawDictionary St. Paul, Minn.: West Group AAA...333... Fill in the blanks with words from the text.

The legal profession is divided into (1) _______ branches: (2) _______ and (3) _______. Their controlling bodies are (4) _______ and (5) _______. Both bodies act as disciplinary agencies to deal with any (6) _______ of their codes. For serious (7) _______ a member of either branch of the (8) _______ profession may be �(9) _______�. All lawyers undergo extensive periods of (10) _______, both through academic (11) _______ and practical (12) _______ in legal work. In the case of solicitors this practical training takes the form of a (13) _______ period. For (14) _______ the period of training is more complicated. The prospective barrister must also join one of the four (15) _______, where the life of the barrister is learned. Traditionally the (16) _______ in wig and gown (17) _______ the case and expresses the arguments on the client�s (18) _______. The solicitor deals with the (19) _______, chooses a properly and fully instructed (20) _______, collects relevant (21) _______ and ensures that all relevant persons are present in (22) _______ on the day of the (23) _______ . Although only barristers have full (24) _______ in all courts, solicitors have rights of audience in (25) _______ courts, (26) _______ courts and in some (27) _______ courts.

4

AAA...444... Study the following table and supply the missing information from the text.

SOLICITOR

BARRISTER

A legal practitioner in the UK. The position and the rights, duties, obligations and privileges are now regulated by statute. The UK still has a distinction on the one hand between the ordinary lawyer who is a man of affairs and a generalists who (in England especially) does not essentially appear in courts, and on the other hand the barrister or advocate. However, the distinction is becoming blurred with the creation of the solicitor advocate.

Stewart, W J & Robert Burgess (1996)Collins Dictionary – Law Glasgow:

Harper Collins, Publishers

A member of the Bar, the professional body of barristers also known as Counsel or if the Counsel has taken silk to become a QC � Queen�s Counsel (or KC, King�s Counsel when the monarch is male), Senior Counsel. The barrister becomes such by virtue of being called to one of the Inns of Court (Lincoln�s Inn, Inner Temple, Middle Temple and Grays Inn). His liability for mistakes is not the same as that of other professional persons because of the public interest in having litigation concluded. He is bound by the �cab rank� principle by which any barrister in practice must accept any instructions to appear before a court on a subject that he professes to practice and at a proper fee. he has a duty to the court that is paramount and so is not in any sense a �mouthpiece�. His fees are an honorarium not a contractually due payment and so he cannot sue for them but may refer a defaulting solicitor to the Law Society. Similar terminology is used in the Republic of Ireland. However a Senior Counsel there is a person called to the Inner Bar by the Chief Justice with the approval of he Government, and obviously is not to be designated QC or KC.

Stewart, W J & Robert Burgess (1996) CollinsDictionary – Law Glasgow: Harper Collins,

PublishersControlling body

Education and training

Duties

Rights of audience

A.5. Group discussion

1. Individually, on the basis of what you have read in the text, write down in one sentence what you consider to be the most important difference between the way the legal profession is organised in England and Romania.

2. Then read out what you have written to the members of your group, while one person acts as a scribe, putting down the different ideas.

5

3. Working together in your group, try to negotiate a single joint statement, which must then be read aloud to the entire class.

4. Continue negotiating until you reach a final conclusion. AAA...666... LLLaannnggguuuaaagggeee WWWooorrrkkk a

AAA...666...111... LLLaaannnggguuuaaagggeee AAAwwwaaarrreeennneeessssss Read the text once again and try to answer the questions on the left:

6

1. Does the underlined word mean �practising� lawyer? 2. Can you replace this infinitive with a that clause? Is it a good idea to do this?

3. Can you say �a two-years period�? Why (not)? 4. Can you rephrase this expression using another one with the same meaning? 5. Explain the role of this construction. 6. Could you replace ensure with assure?

The legal profession is divided into two branches, solicitors and barristers. Each have their own controlling bodies - the Law Society and the Bar Council respectively - and an intending lawyer must decide, at a relatively early stage in legal training, whether to practise as a solicitor or a barrister, because apart from the initial period of legal education (usually a law degree course) the two branches are mutually exclusive in terms of personnel and training, although rather less so in terms of their work. The controlling bodies exercise strict codes of professional ethics and standards of practice: this is one of the ways in which the exclusivity of the profession, and its claim to produce high standards of work, are maintained. Both bodies act as disciplinary agencies to deal with any alleged breach of these codes, and for serious breaches a member of either branch of the legal profession may be �struck off�.

This exclusivity is further promoted by the impact of training and socialisation. All lawyers undergo extensive periods of education, both through formal academic learning and through practical training in legal work. In the case of solicitors, this practical training takes the form of a two-year period, after obtaining a law degree and completing the one-year Legal Practice Course, in a training contract with a firm of practitioners. For intending barristers, the period of training is rather more complicated and less financially secure, but possibly more intensive because of the immersion of the novice in the traditions and practices of the Bar. Apart from undertaking various examinations in the law, the prospective barrister must also join one of the four Inns of Court, where the life of the barrister is learned. The various rules and institutions of the Bar serve to socialise the novice into the established ways of that branch of the profession, where customs, traditions and etiquette play so great a part. Barristers� professional, and often much of their social, life involves an exclusive and somewhat socially isolated experience where the company in which they move comprises, very often, other barristers and judges who are members of the same Inn.

For many people, the image of the typical lawyer and his work is that presented in the formal setting of the courtroom. Here,

, in wig and gown, and expresses the arguments on the client�s behalf; the solicitor�s task is to deal directly with the client, to ensure that the barrister chosen is properly and fully instructed, to collect and collate all relevant evidence (such as witnesses, statements, letters, photographs and so on) and to ensure that all relevant persons are present in court on the day of the trial.

This image of lawyers and their work is, however, somewhat misleading: the traditional division of functions in the courtroom has gradually been broken down. Although only barristers have full �rights of audience� (that is, the right to address the judges� bench directly on the client�s behalf) in all courts, solicitors have full rights of audience, too, in magistrates� and county courts, and in some Crown courts.

Source: Harris, Phil (1997) An Introduction to Law, Butterworths LANGUAGE BOX TO ASSURE = to tell (sb) positively or confidently [e.g. I assure you they’ll be

perfectly safe with us] TO ENSURE = to make sure, guarantee [ e.g. The book ensured his success.

7

Please ensure that all the lights are switched off at night.] TO INSURE sb./smth. (against) = to make a contract that promises to pay

somebody an amount of money in case of accident, injury, death, etc., or damage to or loss of something [I lost my camera onholiday and I wasn’t insured for it. All our household goods are insured against accidental damage.]

Hornby, A S (1989) Oxford Advanced Learner’s Dictionary OUP AAA...666... 222 Find synonyms in the text for the following words or expressions:

111...222...333...444...555...666...777...888...999...111000...111111...111222...111333...111444...111555...

1

authority having the power to control something e.g. controlling body breaking or neglecting of a law/ agreement ____________ to collect together and arrange ____________ unwritten laws observed by members of a profession ____________ hall in which a court is held ____________ inexperienced person/ beginner ____________ information proving something ____________ involve oneself in something ____________ person summoned to testify in court ____________ removed from membership of a professional body ____________ rules of conduct observed by professional groups ____________ staff ____________ stated without being proved ____________ the seat of a judge in court ____________ to work as a lawyer/doctor ____________

AAA...666...333 Further Vocabulary Practice How many words have you learned so far? Provide the legal terms corresponding to the following definitions: 11 e.g. Magistrate’s Court aaa its principal function is to provide the forum in which all criminal

prosecutions are initiated; it has limited jurisdiction in civil matters 22 2

bbb any of the civil courts forming a system covering all of England and Wales

33 3 c

cc the right of an advocate to be heard in legal proceedings

44 4 ddd part of the Supreme Court of Judicature which has an unlimited jurisdiction over all criminal cases tried on indictment and also acts as a court for the hearing of appeals from magistrates� courts

55 5 e

ee person who is trained and qualified in legal matters

66 6 fff a legal practitioner admitted to plead at the Bar, acting for parties in courts and tribunals; s/he also undertakes the writing of opinions

77 7

ggg

a state official with power to adjudicate on disputes and other matters brought before the courts for decision

88 8

hhh a body established by law for the administration of justice by judges and magistrates

99 9 iii a justice of the peace (JP) sitting in the lowest court; most of them are lay persons and have no formal legal qualifications

111000 jjj the professional body for solicitors in England and Wales furthering the professional interests of solicitors

111111 kkk a legal practitioner who possesses a practising certificate; undertaking the general aspects of giving legal advice and conducting legal proceedings

8

111222 lll person who argues a case for a client in court 111333 mmm a representative organisation for furthering the interests of barristers 111444 nnn ancient legal societies situated in central London; every barrister must

belong to one of these societies 111555 ooo a person who judges less serious cases in a local lawcourt; a magistrate

Definitions adapted after Oxford Dictionary of Law (1997) OUP and Oxford Advanced Learner’s Dictionary(1989) OUP AAA...666...444 Grammar focus

Study the following examples from the text. What is the function of the underlined part in each sentence? Is it possible to remove the underlined words in either of the sentences and still retain the main sense?

1. � the prospective barrister must also join one of the four Inns of Court, where the life of the barrister is learned.

2. � the company in which they move comprises, very often, other barristers and judges who are members of the same Inn.

Now check the following grammar box, in which the two types of relative clauses are defined.

RELATIVE CLAUSES

DEFINING A defining relative clause specifies which person or thing we mean. It cannot be separated from the person or thing it describes.

E.g. She despised men who were weak.[She despised those men who were weak.]

NONDEFINING

A non-defining relative clause contains extra information. In writing it is separated by commas, and in speech, if used at all, is usually indicated by intonation.

E.g. She despised men, who were weak.

[She despised all men; they were weak.] Can you find any other examples of defining and nondefining relative clauses in the text?

First match the beginnings of the sentences in column I with their endings in column II. Then considerwhether a comma is necessary to separate them. When both a defining and a non-defining relative clause can be used, try to find the difference of meaning between them. See the examples below. a. The judge addressed the jury members whose attention had been captured by the defending lawyer.

(only those jurors who were fascinated with the defence plea) b. The judge addressed the jury members, whose attention had been captured by the defending lawyer.

(all the jurors) 111 222 333 444 555 666 777 888 GGG

9

I II1. The judge addressed the jury members� 2. Equity used to be administered in the Court

of Chancery� 3. A barrister � � may be disbarred. 4. The solicitor owes a contractual duty of care

to his client� 5. Solicitors have functions� 6. Judges have discretionary power� 7. Anyone� � must undergo training at one of

the four Inns of Court. 8. A barrister is an advocate�

A. � where people could take their cases if they were dissatisfied with common law rulings.

B. � who is guilty of professional misconduct� C. � for breach of which he is liable to an

action for damages. D. � which include giving advice to clients, and

preparing legal documentation. E. � to create new rules of law when none

exists to solve the case. F. �whose task is to present his client�s case

effectively in court. G. � whose attention had been captured by the

defending lawyer. H. � wishing to specialise as a barrister.

10

SSSeeeccctttiiiooonnn BBB CCCHHHOOOOOOSSSIIINNNGGG AAA CCCAAARRREEEEEERRR BBB...111... Would you like to work for a large or a small firm of lawyers? Scan the advertisements for legal positions below and choose one such job that might appeal to you.

11

BBB...222... Present your choice in front of the class by supporting it with arguments including:educational and experience requirements you might have/be able to meet advantages and disadvantages of accepting such a position responsibilities/duties involved specific skills required (computer and keyboard skills; communication skills; administrative and analyticalskills) personal qualities (adaptability, decisiveness)

.

q ou w he o

financial/career benefits and satisfactions that working in that particular branch might offer you. Has the presentation of the ad (choice of words, style, layout) influenced you in any way? BBB..333... LLLaaannnggguuuaaagggeee aaawwwaaarrreeennneeessssss TTThhheee aaadddvvveeerrrtttiiissseeemmmeeennntttsss aaabbbooovvveee cccooonnntttaaaiiinnn cccooollllllooocccaaatttiiiooonnnsss (((rrreeeggguuulllaaarrr cccooommmbbbiiinnnaaatttiiiooonnnsss ooofff wwwooorrrdddsss))) dddeeessscccrrriiibbbiiinnnggg ssskkkiii llllllsss ooorrr aaabbbiii llliii tttiiieeesss rrreeeqquuuiiirrreeeddd ooofff aaapppppplll iiicccaaannntttsss fffooorrr vvvaaarrriiioouusss jjjooobbbsss ... DDDeeeccciiidddeee wwhhhiiiccchh vvveeerrrbbbsss iiinnn ttthhheee cccooollluuummmnnn cccaaannn bbbeee cccooommmbbbiiinnneeeddd wwwiiittthhh ttthhhee nnnoouuunnnsss ppprrriiinnnttteeeddd iiinnn ttthhheee rrrooowww bbbeeelllooowww... TTThhheeennn ssscccaaannn ttthhheee ttteeexxxtttsss tttooo fffiiinnnddd sssooommmeee mmmooorrreee eeexxxaaammmpppllleeesss ... recommen-

dations research /development

horizons knowledge matters legal team

case- load

workload

Ability

make undertake adapt to demonstrate contribute to handle decide extend do expand BBB...444... Read the following text and, in pairs, discuss the issues prompted by the questions on the right. Then compare your answers with the rest of the class. Even lawyers with the same qualifications and professional titles may be doing very different kinds of work. Most towns in the United States, for example, have small firms of attorneys who are in daily contact with ordinary people, giving advice and acting on matters such as consumer affairs, traffic accident disputes and contracts for the sale of land. Some may also prepare defences for clients accused of crimes. However, in both the United States and other industrialized countries, lawyers are becoming more and more specialised. Working in small firms, lawyers now tend to restrict themselves to certain kinds of work, and lawyers working in large firms or employed in the law department of a large commercial enterprise work on highly specific areas of law. One lawyer may be employed by a mining company just to ____________________(1). Another may work for a newspaper ______________________ (2). Another may be part of a Wall street firm of over a hundred lawyers who specialise in ___________________ (3). As well as the type of work, the working conditions and pay among members of the legal profession also vary greatly. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life. However, it should not be forgotten that there are also lawyers whose lives are not secure. The Wall Street attorney probably earns a high salary, but the small firm giving advice to members of the public on welfare rights or immigration

a. How do Romanian lawyers practise law? What is the general tendency nowadays? b. Provide examples for the type of work that lawyers in situations (1), (2) and (3) may have to do. c. Which branch of legal

14

procedures may have to restrict salaries in order to stay in business. There are lawyers in developing countries whose business with fee-paying clients subsidizes the work they agree to do for little or no payment for citizens� rights groups. (�) In countries where the government ensures that all people have access to a lawyer in an emergency, there are firms that specialize in dealing with people who would not be able to pay for legal services out of their own pocket. For example, in England anyone facing criminal prosecution is entitled to choose a firm of lawyers to represent him. If his income is below a certain level he will not be asked to pay: the firm will keep a record of its costs and will apply to the government-funded Legal Aid Board for payment.

professionals enjoys the highest financial rewards? d. Are Romanian citizens entitled to free legal assistance? In criminal or civil cases?

Adapted after Powell, R. (1993) Law Today Longman

SSSeeeccctttiiiooonnn CCC NNNOOOTTTAAARRRIIIEEESSS PPPUUUBBBLLLIIICCC CCC...111...111... In the definitions of the documents below, the headwords are missing. Supply them correctly, by choosing from among the ones in the box. power of attorney will affidavit statement instrument codicil deed conveyancing document

1. __________________ = official power which gives someone the right to act on someone’s behalf in legalmatters

2. __________________ = written statement which is signed and sworn before a solicitor and which canthen be used as evidence in court hearings

3. __________________ = a general term for a legal document 4. __________________ = declaration of fact; an allegation by a witness 5. __________________ = legal document by which a person gives instructions to his executors as to how his property should

be disposed of after his death 6. __________________ = a later addition to a will, especially one that changes part of it 7. __________________ = legal document which has been signed, sealed and delivered by the person making it 8. __________________ = document which legally transfers a property from a seller to a buyer

Definitions adapted after Collin, PH (1986) Dictionary of Law Peter Collin Publishing and Oxford Advanced Learner’sDictionary(1989) OUP

CCC...111...222... Which of the following legal professionals are entitled to perform notarial functions. judges barristers notaries public justices of the peace counsels consuls solicitors ambassadors attorneys lawyers legal advisors magistrates C. 2. INFO BOX

In most civil law countries, the practising legal profession is officially divided to some extent, at least between lawyers and notaries. The notary occupies a special position in civil law systems. Unlike the common law figure with the same name, the civil law notary is an important legal personage. The notary has three major functions: drafting certain documents, such as marriage contracts, wills, mortgages, and conveyances; certifying documents which then have a special evidentiary status in court proceedings; and serving as a depository for the original copies of wills and the like. There are a limited number of notary�s offices established by law. A law graduate who wishes to be a notary must pass a special examination and then for a vacancy. Unlike the regular lawyer, a notary is supposed to be impartial and to instruct and advise all parties involved in the transactions he/she handles. Because of the nature of these transactions, the notary often becomes a trusted family legal advisor whose assistance is needed in connection with the property aspects of such major events as marriages, divorces and death of a family member. There are very few notaries public in England, and most are also practising solicitors. The few specialist notaries practise in London, where they deal mainly with the preparation of documents for use in foreign countries.

15

Sources: Glendon, Mary Ann, Michael Wallace Gordon & Christopher Osakwe (1994) Comparative Legal Traditions St. Paul,Minn.: West Publishing Co. &Litigation 2000: Courts , Judges and Lawyers???

A notary public has functions that in the UK are performed by solicitors or government departments. (A)Can you draw up a list of the main responsibilities of a Romanian notary taking into account the information in Romanian below? (B)On what conditions may a law graduate become a notary public in Romania?

LEGEA NR. 36 DIN 12 MAI 1995 A NOTARILOR PUBLICI I A ACTIVIT II NOTARIALE

Cap. 1 Dispozi ii generale Art. 3 Notarul public este investit s îndeplineasc un serviciu de interes public i

are statutul unei func ii autonome. Art. 4 Actul îndeplinit de notarul public, purtând sigiliul i semn tura acestuia, este

autoritate public i are for a probant prev zut de lege. Art. 5 Actele notariale pot fi efectuate i de misiunile diplomatice i oficiile

consulare ale României, precum i de alte institu ii în condi iile i limitele prev zute de lege.

Cap. 2 Competen a notarilor publici Art. 8 Notarul public îndepline te urm toarele acte notariale: a) redactarea înscrisurilor cu con inut juridic, la solicitarea p r ilor; b) autentificarea înscrisurilor redactate de notarul public, de parte personal sau de

avocat; c) procedura succesoral notarial ; d) certificarea unor fapte, în cazurile prev zute de lege; e) legalizarea semn turilor de pe înscrisuri, a specimenelor de semn tur , precum i

a sigiliilor; f) darea de dat cert înscrisurilor prezentate de p r i; g) primirea în depozit a înscrisurilor i a documentelor prezentate de p r i; h) actele de protest al cambiilor, al biletelor la ordin i al cecurilor; i) legalizarea copiilor de pe înscrisuri; j) efectuarea i legalizarea traducerilor; k) eliberarea de duplicate de pe actele notariale pe care le-a întocmit; l) orice alte opera iuni prev zute de lege. (�) Art. 16 Notar public poate fi cel care îndepline te urm toarele condi ii: a) are numai cet enia român i domiciliul în România i are capacitatea de

exerci iu a drepturilor civile; b) este licen iat în drept � tiin e juridice � sau doctor în drept; c) nu are antecedente penale; d) se bucur de o bun reputa ie; e) cunoa te limba român ; f) este apt din punct de vedere medical pentru exercitarea func iei; g) a îndeplinit timp de doi ani func ia de notar stagiar i a promovat examenul de notar

public sau a exercitat timp de cinci ani func ia de notar, judec tor, procuror, avocat sau o alt func ie de specialitate juridic i dovede te cuno tin ele necesare func iei de notar public.

16

CCC...333... Notary public/client role-play

A foreign businessman who has been working in Romania for some years has to return urgently to the UK. He has no time to sell his flat therefore, he must give power of attorney to a British colleague who will act on his behalf. One of you is the client and one of you the notary. You have a 15-minute appointment to discuss the situation and collect the necessary data. Use the information on the role cards given to you by your teacher. What kind of questions would the notary public ask the client in order to elicit this information?

USEFUL PHRASES: Eliciting information Asking for an expert opinion

How could I be of help to you? What can I do for you? Would you please enlarge upon �? Could you repeat that? Please say that again. Sorry? Pardon? I�m afraid I didn�t (quite) understand/ catch what you said. What exactly do you mean by XXX ? Tell me some more about � Would you care to detail the situation? What has led you to �? I would like you to define/ explain/ describe �

What would you advise me to do? I wonder if you could help me to �? What, in your opinion, would be the �.? Would you like to/be so kind (as) to explain �?How could I �? Where would I find �.? Do you really think I should �? Would you agree that �?

Making polite requests

Can you/will you/ would/could you …? Would you mind �? I wonder if you could �? Do you think you could �? I wish you would� I would like you to � I would appreciate it if you could � Would you be good enough/so kind (as) to �? You should take into consideration � You might consider �

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C.4. Writing. Now on the basis of your discussion draw up a power of attorney using the information you elicited. Guide yourselves after the following example:

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS that I, ( name) of

(address) do hereby constitute and appoint my attorney (name and address) as my Attorney in Fact, to act in my name, place, and stead for the purpose of signing all documents of every nature, type and kind with regard to the sale of land and premises located at (address) , for he total sale price of (figures) , said land and premises being more particularly described as follows: (description of the property) ___________________________________________________________. FURTHER, my Attorney, ( name) , is hereby authorised and empowered to take such action and to sign and execute any and all instruments of every nature and kind as may be required in order that the above-described premises may be sold. Dated at (palce) , this (figure) day of (months), (year). In presence of: _____________________ _____________________ (Witness) (Signature) State of , County At (place) , this (figure) day of (months), (year).personally appeared (name) who acknowledged the above instrument, signed and sealed by her, to be her free act and deed. ____________________ Notary Public

Section DDD : ROUND-UP Use this space to record useful language related to the topic of this unit.

___e.g. conveyancing document ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

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Unit 3 BRANCHES OF LAW

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Section A Classification of Law

A.1 The Law Faculty Curriculum

A.1.1 What legal subjects do you study this year? In groups brainstorm as many subjects as you can think ofwhich make up a law degree. You may compare your ideas with the curriculum provided at the end of theunit (Appendix).

A.1.2 Here are some short course descriptions from the Lancaster University prospectus. Match them withthe names of the courses in the box.

1. Common Law2. Criminal Law3. European Union Law I4. European Union Law II5. Foundations of English & European Union Law6. Introduction to Comparative Law I7. Introduction to Comparative Law II8. Public Law

A. ______________________________This course provides a broad introduction to the main techniques, methods and sources involvedin undertaking legal research. It provides a critical understanding of the historical developmentof law, the sources of law (including European Community Law), the main institutions withinwhich the law is administered, the personnel who practise the law, the cultural and politicalsignificance of law and legal institutions and their interpretative processes whose workings un-derpin the presence of law in society. The course covers the professional Foundation subjectFoundations of European Union Law.

B. ______________________________This course provides an introduction to the comparative analysis of legal phenomena. Studentswill be introduced to the main features of different legal systems, to see how they compare andcontrast with the English legal system. Much emphasis will be put on the European civil lawlegal systems, especially in France and Germany. Students will be introduced to some of thehistorical reasons for the development of legal systems, looking at the divergence and conver-gence of legal systems. Finally, students will be introduced to comparative law methodology, i.e.how does one compare legal phenomena in different systems in a meaningful way? Knowledge ofa foreign language, though desirable, is not essential. On some occasions a foreign lawyer willgive lectures on their national legal systems.

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Unit 3: BRANCHES OF LAW

C. ______________________________This course is an introductory course on the law of obligations. It introduces students to the underlyingconceptual framework and covers the basic principles of contract and tort law. It is designed to provide afoundation for more advanced optional courses in this area of law which can be taken in Part II. Theteaching and learning methodology involves an emphasis on independent study and research within a contextof learning support teams. A significant element of the course promotes skills acquisition, both generic andspecifically legal, through the use of practical seminar exercises, which involve case-study classes, oralpresentations, mooting and team-based negotiation sessions. Extensive use is made of learning technologiessuch as Law Courseware and WWW-conferencing to support students� independent study. The coursecovers the professional Foundation Subjects Obligations I & II (Contract & Tort).

D. _______________________________This course is divided into three topic areas: Constitutional Law, Civil Liberties and Administrative Law. InConstitutional Law, topics covered include: the constitutional actors and their roles, parliamentary sovereigntyand the European Union and constitutional conventions. In Civil Liberties, students will examine humanrights in Britain, with particular attention given to the police powers, government secrecy, and censorship.Judicial review of administrative action, abuse of discretion and natural justice are covered in Part III of thecourse.

E. ________________________________This course is designed for students who want the opportunity to study in depth selected aspects of EC Lawand Policy in a contemporary context, especially the free movement of goods, services, persons and capital;competition law and policy and its enforcement; the internal market, and other topics such as intellectualproperty law and social policy.

F. ________________________________This branch of law is largely concerned with the prevention and punishment of certain kinds of conduct. Itis a body of rules designed to cover activities deemed �criminal�. This course introduces students to, andconducts a broad investigation of, the body of rules which make up Criminal Law. However, as Criminallaw is more than a body of rules, the course also examines how the law attributes criminal responsibilityfrom a wide perspective. Particular attention is given to offences against persons and property. The courseconsiders the nature, function and rationale of various criminal offences and evaluates the scope for reform.

G. _______________________________This course offers an introduction to the history of European integration, the structure and role of majorCommunity institutions, the sources of Community law, the relationship between community law and nationallegal systems, and the application of Community law in the national courts (with particular reference to theEnglish context).

H. ____________________________This course continues an introduction to the comparative analysis of legal phenomena. In this half-unitstudents will be introduced to certain substantive areas of the law, especially in the area of the law ofobligations. Students will study these areas of law in a comparative context which emphasises the role ofhistory, European developments and the policies and principles which underlie particular solutions to legalproblems. Much emphasis will be put on the European civil law legal systems, especially France and Germany,though reference will also be made to other civil law and common law jurisdictions. On some occasions aforeign lawyer may be asked to give lectures on their national legal systems. Knowledge of a foreignlanguage, though desirable, is not essential. Introduction to Comparative Law I is a pre-requisite for thiscourse (unless a student can otherwise demonstrate an adequate grounding in comparative law).

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A.2 False Friends

The following words from the prospectus excerpts above have a different meaning from Romanian wordswith very similar or identical form. Can you point out their respective meanings? What other false friendscan you think of?

�to support students� independent study� (C) �contract and tort� (C)�topics covered include� (D) �abuse of discretion� (D)�the scope for reform� (F) �substantive areas� (H)�rationale of criminal offences � (F)

A.3 How does the curriculum of the Romanian faculty of law compare to that of a British one? Discuss, usingwords and phrases from the language boxes below and other phrases you can find in the Lancaster Universityprospectus (A.1.2).

Useful language

Mentioning area(s) covered

Topics covered include �� which involve �

Referring to the main aim of the course

The course introduces students to �� is designed to provide a foundation for �

Comparing and contrasting

There are differences/ similarities in�� whereas �Unlike �� in the same way �Similarly �

Referring to specific aspects/ Special emphasis

(Much) Emphasis is put on �A significant element of the course promotes �

TOPICSThe influence of law on our lives

Civil and criminal law

The nature of law

Public and private law

What examples were given of situations covered by laws on:Working conditionsLeisure pursuitsPersonal relationships

A.4 A Lecture on Law

A.4.1 You are going to listen to the beginning of a lecture, which is the first in a series about law. Thepresenter will speak about the topics listed below. Mark them in the order in which they are mentioned.

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A.4.2 Listen to the next part of the lecture and take notes on the areas covered by the branches of law thatare mentioned.

The British Constitution is just as important to the British as the US Constitutionis to the Americans. Nevertheless, it is not written; that is to say, it has never beenwholly reduced to writing. This does not mean, however, that the British possess noimportant constitutional documents; it merely means that the constitution is notembodied in any single document, or series of documents, containing their essentialconstitutional laws.

Many constitutional rules are �laws� in the ordinary sense, that is to say, they will berecognized and enforced by the courts. But there are certain other rules which governthe working of the constitution, which are not laws in this sense. They are called�conventions�, because they arise from usage, or agreement.

info boxinfo boxinfo boxinfo boxinfo box

Can you provide similar explanations about the branches that were not explained by the lecturer? Work in pairs.

Useful language

It refers to� body of law defining � Its influence extends to�

� law concerning� It governs� It is often contrasted with�

It is confined to� � is concerned with�

Branch of law Area covered

Public Law

Constitutional Law

Administrative Law

Criminal Law

Private Law

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*From year 2000 in the UK plaintiff has been replaced with claimant. Plaintiff is now only used in American English.

B.2 Fill in the tables on the next page with the information in the bubbles:

* rescission = anulare prin respingere

Section B Criminal vs. Civil Law

B.1 Warm up. Match the following words with their definitions: e.g. 1 � h

a) A court order placing an offender under supervision instead of asentence of imprisonment

b) A document that sets out legal rules and has been passed by theParliament

c) A person against whom court proceedings are broughtd) A person applying for relief against another person in an action, suit,

petition, motion, summons or any other form of court proceedingse) A remedy in the form of a court order to do or not to do somethingf) An Act of Parliament, an order or any other piece of subordinate

legislation, or any particular provision contained in any of theseg) The judgement that a person is found guilty of a crimeh) The pursuit of legal proceedings, particularly criminal proceedings

1. Prosecution

2. Defendant

3. Conviction

4. Probation order

5. Enactment

6. Act

7. *Plaintiff

8. Injunction

Offences againstthe state

To preserve orderin the communityby punishingoffenders anddeterring others

A defendantmay be foundliable or notliable

A claimantsues adefendant

A defendantmay be convictedif he is guilty andacquitted if heis innocent

A prosecutorprosecutes adefendant

To remedy the wrongwhich has been suffered

Imprisonment, fine, probation,community service

Disputesbetweenprivateindividuals

Damages, injunctions,rescission*, specificperformance

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B.4 Here is an example of a case where the same set of events can lead to both criminal and civil actions.Read it and identify the purpose of the action, parties involved, decision taken and sanctions given ineach case.

A middle-aged woman was crossing the road at a zebra crossing when she was struck andseriously injured by a van driven at high speed. The woman was taken to the local hospital,where she was diagnosed with a broken arm and ribs. Meanwhile, the police arrived at theplace of the accident and breathalysed the driver. The result was positive. Consequently, thedriver was charged with the criminal offence of driving with an excess of alcohol, and wasconvicted by the local Magistrates� Court. He was disqualified from driving for a period oftwo years and fined five hundred pounds.

The fine paid to the Court didn�t go to compensate the victim of the criminal act, as a criminalcourt has a limited power to order an offender to pay compensation for any personal injury,loss or damage caused to the victim of the offence. However, the woman was also able topursue a civil action against the van driver to remedy the personal wrong she had suffered.She sued him under the tort of negligence for the injury she had sustained. The case washeld in a County court, where the driver was found liable. He was ordered to pay threethousand pounds, along with the claimant�s costs in bringing the action.

Can you think of any other cases where both civil and criminal law apply? In pairs prepare to describe sucha case to the class. Try and use as much of the vocabulary you�ve learned as you can.

B.3 Now listen to the second part of the lecture on the classification of law that you heard in Section A andcheck your answers.

Criminal Law

Concerns

Purpose of action

Parties

Decision

Sanctions

Civil Law

Concerns

Purpose of action

Parties

Decision

Sanctions

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Section C Giving Information on Courses - Role Play

C.1 A Telephone Conversation

Situation

A visiting lecturer from Australia is coming to your law faculty to give a series of lectures andwould like some information about your courses. He is calling the Faculty Office and speaks to astudent who is working there part time.

Roleplay the telephone conversation after you consult your role card.

If you are the Professor, look at File 14 (at the end of the book).If you are the student, look at File 11.

C.2 With a class mate, write an e-mailmessage to the Australian Professor and givehim details about your curriculum. In order todo this, translate the curriculum into Englishand write short descriptions of the courses,using the Lancaster University prospectus as amodel.

Time for fun!Time for fun!Time for fun!Time for fun!Time for fun!Civil or Criminal?

A man from Charlotte, North Carolina purchased a case of rare, very expensive cigars andinsured them against � fire (!?!) Within a month, he had smoked his entire stockpile of fabulouscigars. As he had yet to make a single premium payment on the insurance policy, the man fileda claim against the insurance company, in which he stated that he had lost the cigars in �aseries of small fires.� The insurance company refused to pay, citing the obvious reason that theman had consumed the cigars in a normal fashion. The man sued � and won!

In delivering his ruling, the judge stated that since the company had warranted thatthe cigars were insurable, and also guaranteed that it would ensure the cigars againstfire, without defining what it considered to be �unacceptable fire�, it was obligated tocompensate the insured for his loss.

Rather than endure a lengthy and costly appeal process, the insurance companyaccepted the judge�s ruling and paid the man $15,000 for the rare cigars he had lostin the �fires�. After the man cashed his check, however, the insurance company hadhim arrested � on 24 counts of arson! With his own insurance claim and testimonyfrom the previous case being used as evidence against him, the man was convictedof intentionally burning the rare cigars and sentenced to 24 consecutive one-yearterms.

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Use this space to record useful language related to the topic of this unit.

Build Your Own Legal Vocabulary

Appendix FACULTATEA DE DREPTPLAN DE ÎNV MÂNT

DREPT PENAL � ANUL II1. Infrac iuni contra statului2. Infrac iuni contra persoanei3. Infrac iuni de fals4. Infrac iuni contra s n t ii publice

DREPT INTERNA IONAL PUBLIC � ANUL II1. No iunea i tr s turile dreptului interna ional public2. Natura juridic a teritoriului de stat3. Dreptul m rii4. Dreptul tratatelor5. R spunderea statelor în dreptul interna ional6. Protec ia mediului înconjur tor în dreptul interna ional

DREPT INTERNA IONAL PRIVAT � ANUL II1. No iunea i domeniul dreptului interna ional privat2. Norma conflictual3. Aplicarea legii str ine4. Izvoarele interne i interna ionale ale dreptului

interna ional privat5. Condi ia juridic a str inului6. Persoana juridic în dreptul interna ional privat

DREPT CIVIL � ANUL I1. Izvoarele dreptului civil2. Aplicarea legii civile în timp i spa iu3. Interpretarea legii civile4. Raportul juridic civil5. Obliga iile civile6. Efectele actului juridic civil

DREPT CIVIL � ANUL II1. Clasificarea obliga iilor civile2. Izvoarele obliga iilor3. R spunderea civil delictual4. Transmisiunea i transformarea obliga iilor5. Garantarea obliga iilor

DREPT PENAL � ANUL I1. Evolu ia dreptului penal român2. Principiile fundamentale ale dreptului penal3. Izvoarele dreptului penal4. No iunea i tr s turile esen iale ale infrac iunii5. Sanc iuni de drept penal6. R spunderea penal

Unit 5 THE STRUCTURE OF THE COURTS (I)

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Section A The US Court System

A.1 Below you have a presentation of the court structure in the US. Unfortunately, it has not been divided intosections and there are no sub-headings. Read the text and, in pairs, divide it into sections and suggest a relevantheading for each of them. There may be more than one paragraph in each section.

Compare your solutions with the pairs next to you. Be prepared to provide arguments in support of your solutions.

Court Structure in the US

Issues of crime and justice have always held Americans� attention. Americans are accustomed to bringingtheir claims for justice to the courts. There are few countries where so many people treat the law as part oftheir everyday lives. Local, state, and federal courts handle approximately 12 million cases a year. The sheernumber of Americans employed in the legal profession is overwhelming: there is one lawyer for every 440Americans, whereas in Japan there is one lawyer for every 10,000 people.

Americans� claims for justice rest on the provisions of the US Constitution. Most of the rights and freedomsthat Americans enjoy are guaranteed in the first ten ammendments or �Bill of Rights� of the Constitution.

The Constitution, written in 1787, established a separate judicial branch of government which operatesindependently alongside the executive and legislative branches. Within the judicial branch, authority is di-vided between state and federal (national) courts. At the head of the judicial branch is the Supreme Court, thefinal interpreter of the Constitution, which consists of nine justices and has jurisdiction over all other courtsin the nation.

The Constitution recognizes that the states have certain rights and authorities beyond the power of the federalgovernment. States have the power to establish their own systems of criminal and civil laws, with the resultthat each state has its own laws, prisons, police forces and state courts.

The separate system of federal courts, which operate alongside the state courts, handles cases which ariseunder the US Constitution or under any law or treaty, as well as any controversy to which the federal govern-ment is itself a party. Federal courts also hear disputes involving governments or citizens of different states.

All federal judges are appointed for life. A case which falls within federal jurisdiction is heard before afederal district judge. An appeal may be made to the Circuit Court of Appeals and, possibly, in the last resort,to the highest court in the land: the US Supreme Court.

The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in whichsomeone claims that Constitutional law has been violated. Its decisions are final and become legally binding.Not all Americans are satisfied with all Supreme Court decisions. Many Americans believe that the court toooften �takes the side of the criminals� in declaring the proceedings invalid because an accused person�s rightshave been violated. Others argue, however, that protecting the innocent is the real intent of these rulings, andthat it is better to have a few criminals go free than to have one innocent person be jailed. Although theSupreme Court does not have the power to make laws, it does have the power to examine actions of thelegislative, executive and administrative institutions of the government and decide whether they areconstitutional. It is in this function that the Supreme Court has the potential to influence decisively thepolitical, social, and economic life of the country by giving new protection and freedom to the minorities, forexample, or by nullifying certain laws of the Congress, or even declaring actions of American presidentsunconstitutional.

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Unit 5: THE STRUCTURE OF THE COURTS

Presidents have often criticised the Supreme Court, although the criticism comes more frequently today from barassociations, law schools and court observers in the press. The two judicial systems, federal and state, form layers ofcourts that check each other and are checked in turn by the law profession and the law schools that study the decisionsand create an informed opinion. Congress also reviews the laws to be enforced and can change the laws and the numberof Supreme Court judges. The president nominates the Supreme Court appointee, while the Senate examines to determinewhether he or she is qualified. Similarly the governors, the state legislatures, and the people select the state judges. Onceapproved, a justice remains on the Supreme Court for life. The Supreme Court justices have no obligation to follow thepolitical policies of the president or Congress. Their sole obligation is to uphold the laws of the Constitution. However,the Supreme Court, by choosing the cases it wishes to review, sets the tone of the judicial system.

Despite official statements to the contrary, politics always play a role in a president�s selection of a Supreme Courtjustice. On average, a president can expect to appoint two new Supreme Court justices during one term of office.Presidents are likely to appoint justices whose views are similar to their own, with the hope that they can extend someof their power through the judicial branch. For example, President Reagan�s appointments to the Supreme Court werejudges with a decidedly conservative view of constitutional law. One should remember that the appropriate level ofpolitical awareness is difficult for the Court to achieve. Judges must be politically sensitive but not too advanced or tooreactionary � a fine line to straddle.

The Supreme Court consists of a chief justice and eight associate justices, and the responsibility and power of thesepeople are extraordinary. Supreme Court decisions can affect the lives of all Americans and change society significantly.In the past, Supreme Court rulings have halted actions by American presidents, have declared unconstitutional, andtherefore void, laws passed by the Congress, have freed people from prison and have given new protection and freedomto black Americans and other minorities.

There are many federal courts in the system which has the Supreme Court as its head. In addition, each state within theUS has established a system of courts, including a state supreme court, to deal with civil, criminal and appellateproceedings. There are also county and city courts. There are separate military courts for members of the armed forcesand other specialized courts to handle matters ranging from tax questions to immigration violations.

In the US, a person accused of a crime is considered to be innocent until he or she is proven guilty. The Constitutionrequires that any accused person must have every opportunity to demonstrate his or her innocence in a speedy andpublic trial, and to be judged innocent or guilty on the basis of evidence presented to a group of unbiased citizens, calleda jury. A person who has been judged guilty must still be treated justly and fairly, as prescribed by law. A person treatedunjustly or cheated by another or by a government official must have a place where he or she can win justice. That place,to an American, is a court.

There are two types of courts in the US: trial and appeals. Trial courts listen to testimony, consider evidence, and decidethe facts in disputed situations. In any trial there are two parties to each case. In a civil trial, the party initiating the legalaction is called the plaintiff. In a criminal trial, the government (state or federal) initiates the case and serves as theprosecutor. In both civil and criminal trials, the party responding to the plaintiff or prosecution, as the case may be, iscalled the defendant. Once a trial court has made a decision, the losing party may be able to appeal the decision to anappellate, or appeals, court.

In an appeals court, one party presents arguments asking the court to change the decision of the trial court. The otherparty presents arguments supporting the decision of the trial court. There are no juries or witnesses, and no evidence ispresented. Only lawyers appear before the judges to make legal arguments.

Not everyone who loses a trial can appeal. Usually, an appeal is possible only when there is a claim that the trial courthas committed an error of law. An error of law occurs when the judge makes a mistake as to the laws applicable in thecase.

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A.2 Language Focus

Work in groups of four. Try to explain the meaning of the words and phrases in the box below by referring to thereading text. Even if you are not familiar with the terminology in the box, the context will surely help you to guess themeaning and make sense of the paragraph. The number that follows each word or phrase that needs to be explainedindicates the number of the line providing the necessary context for inferring the meaning. Each member of the groupshould be responsible for reporting to the class at least two of the explanations worked out by the group.

A.3 Language Awareness

accustomed to (1) sheer number (3) to rest on smth (6) to operate alongside (8, 16)to handle cases (16) to hear disputes (18) to fall (19) in the last resort (20)legally binding (23) to nullify (32) sole obligation (41) a justice (44)term of office (44) to halt actions (52) to declare void (52) appelate proceedings (56)speedy trial (60) unbiased (61) trial court (65) evidence (65)testimony (65) plaintiff (67) prosecution (68) defendant (69)appeals/appelate court (70)

Work in pairs to answer the questions on the left. The statements are taken from the reading text.

P r e s id e n t s h av e o f t e n c r i t i c i s ed t h eSupreme Court, although the criticism comesmore frequently today from bar associations,law schools and court observers in the press.

..................................................................................

..................................................................................

An appeal is possible only when there is aclaim that the tr ial court has committedan error of law.

.....................................................................................

..................................................................................

In an appea ls c our t , on e pa r ty pre sent sarguments asking the court to change thedecision of the trial court. There are no juriesor witnesses, and no evidence is presented.Only lawyers appear before the judges tomake legal arguments.

What tense is the verb in this statement?How does it differ in meaning fromPresidents often criticised... andPresidents often criticise...?

Why is the Present Perfect used here?What meaning does this tense convey?

Can you use this noun also in the pluralform? What is its Romanian equivalent?

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SOME TRICKY NOUNS

Unlike their Romanian equivalents, English words like evidence, information,advice are uncountable nouns. Here are their main features:

they have no plural and are only used with the verb in the singulare.g. The information he gave me was very useful.

they cannot be preceded by the indefinite article a(n); instead, we usesome as a quantifiere.g. Can you give me some advice?

they can be made countable, by using a piece ofe.g. That was an important piece of evidence.

Other nouns which behave in the same way are news, luggage, equipment,furniture.

NOTE: As you know, the word money is uncountable in English, and is therefore usedwith the verb in the singular.

However, it also has the plural (countable) form moneys/monies. This is a formal use,as well as a legal term, referring to several separate sums of money that form part of alarger amount received or spent.e.g. The project received public monies/ community moneys.

Have the moneys in this year�s budget been allocated?

grammar box

A.4 Grammar PracticeDecide which of the nouns used in the sentences below are preceded by a(n) and which by some:

1. We took .............. heavy luggage / ............... heavy suitcase on the trip.2. He�s got .............. strange furniture / ............. strange bed in his room.3. Can I offer you ............. suggestion / .............. advice?4. There was .............. interesting news / .............. interesting information / ............interesting

announcement on the radio this morning.5. They�ve installed ........... very modern machine / ............ very modern equipment in the

laboratory.6. You�ll need ............ accommodation / ............. room for the night.7. Let�s put on ........... music / ............ tape!8. There was ............ terrible thunderstorm / .............. terrible weather last night.9. He�s doing ............ good job / ............. good work for the company.

Which of the nouns above can also be used with a piece of ... ?

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Section B The Two Separate Court Systems

B.1 You will hear an American lawyer providing basic information on the court structure in the US. Listencarefully and list all the types of courts he mentions. Compare your list with a partner. You may need tolisten to the tape again in order to check your lists.

B.2 Language Focus

The statements below are part of the taped presentation on the US court systems. Listen to the tape again andfill in the missing words or phrases. Read the incomplete statements below before listening to the tape.

1. As you may expect, they also hear cases involving parties from different states whenthe amount _________ _________ is more than $ 10,000.

2. Most state court systems ____________________ the federal courts in structure andprocedure.

3. Probate courts ___________ cases involving wills and ________ _________ the estatesof persons who die with or without a will.

4. If a decision of the state supreme court involves only state law, it can be appealed_________ _________ .

5. The highest court in each state has the final ___________ on interpretation of statelaws and the state constitution.

Prosecutor: Doctor, you have been summoned to give evidence concerning the sus-picious death of your former colleague. I understand it was you who examined thebody of the deceased.

Witness: That�s right.Prosecutor: Now please tell the court: how many autopsies have you performed on

dead bodies?Witness: !?!

Time for fun!Time for fun!Time for fun!Time for fun!Time for fun!

A.5 Case Study

Work in groups of four. Imagine you are American lawyers. Consider Bob Carsten�s case described below andthen advise him as to the action you recommend. Make sure you justify the recommended action and pointout the error of law you can build an argument on. What court has jurisdiction of such a case?

One of the group members will present to the class the recommendation that was found acceptable by all thegroup members.

At the trial, the judge instructed the jury that, in order to find Carsten guilty of auto theft, theyonly had to decide whether he was driving a car that was not his when he was caught by thepolice. As a result, the jury found Bob Carsten guilty.

Bob Carsten left the key in his 1999 silver mini van and went about his business. When he cameback two hours later, he got into someone else�s silver mini van by mistake. This car also hadthe key in it. Carsten, who did not realize it was a different car, started it and went his way. Afew hours later he was arrested for auto theft.

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Section C How Does a Case Reach the Supreme Court?

C.1 The text below points to the procedure through which a case reaches the Supreme Court. Some wordsare missing. In pairs try to come up with the missing terminology. The number in brackets indicates howmany letters there are in each word.

While there are certain cases that can be brought directly to the Supreme Court,

the majority of cases are brought on ________ (6). If either party in a case is

unhappy with the decision of a ______(5) court, it has the right to appeal that

decision to a h igher court . An appeal i s not a new tria l but rather a re-

______________(11) of the evidence, procedures and legal or constitut ional

principles on which the decision was based in the __________(8) trial.

Only a very small number of cases appealed are ___________(10) by the Supreme

Court. Commonly the Court agrees to hear less than 5% of the cases for which it

receives _________(9). Generally speaking, the Court will be inclined to _____(4)

a case if it involves a ______(5) constitutional principle, an important question of

federal law or a _________(8) between state and federal law.

Now that you have filled the gaps in the text, go to File 4 then check your solutions with the key.

C.2 A Real Life Illustration

In what follows you have the jumbled sequence of the stages through which a real-life case reached theSupreme Court. Work in groups of four and decide on the correct steps through which the case came to beexamined by the Supreme Court.

Appeal to the US Supreme Court

While many cases must be appealed from district court to the court of appeals, this case was appealeddirectly to the Supreme Court.The Supreme Court agreed to hear the Brown case.6 months later: Arguments were heard from lawyers for both sides. However, the Court was dividedand unable to arrive at a decision.

a.

From the Federal District Court to the Supreme CourtBrown v. Board of Education

�My rights have been violated�

An eight-year-old black student named Linda Brown was denied admission to an all-white elementaryschool in Kansas.

b.

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C.3 Revisiting the US Court System

In pairs write a paragraph about the US court system using as many of the words studied in the previousactivity as you can. Use a detachable sheet of paper. Don�t take more than 15 minutes for the activity. Post theparagraphs on the board. Compare them and choose the piece of writing you like best.

True False

1. It is the Supreme Court�s responsibility to decide if the Congress and the

President exercise authority in keeping with the provisions in the Constitution.

2. The process of making decisions in court is affected by the public opinion.

3.In the US people write to judges expressing their opinions on the decisions

made in court.

4.The legal procedure is changing in response to the necessities of the time.

Now listen and check your answers.

Section D Views of a Justice

D.1 An Interview with a Supreme Court Justice

You will listen to an interview which was conducted with Justice Clark in her chambers in the Supreme Court. Shespent more than 20 years as a lawyer and a judge and served on the Supreme Court for almost 5 years beforeresigning because of a potential conflict of interest.

Before listening decide if the statements below are true or false.

Second Appeal

A year later, arguments were again heard for both sides. During that time a significant change occurredon the Court and a new Chief Justice was appointed by President Eisenhower.

c.

The Supreme Court decides

6 months later: By a 9 to 0 vote the Supreme Court overruled the district court�s decision. It stated thatsegregated schools were unconstitutional because segregation �deprives children of the minority groupof equal educational opportunities.� It nullified the �separate but equal education� provision.

d.

Trial in Federal District Court

6 months later: Her father, Oliver Brown, and 12 other black parents sued the city�s Board of Educationin the US District Court. The case was officially titled Brown v. Board of education, Kansas. Brownlost the case.

e.

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D.2 Language Awareness

In pairs answer the questions on the left. Compare solutions with the pairs seated next to you.

D.3 Language Focus

D.3.1 In pairs match the legal terminology in the left column with the definitions provided on the right. Thelegal vocabulary detailed below comes from the taped dialogue.

The Chief Justice before you used to say thatthe Court�s function was nothing less than tobe an arbiter among rival forces in our society.

..................................................................................

..................................................................................

I did get quite a few letters from all over thecountry about various things, but I don�t thinkany of those things influenced my thinking onthe legal matters which were involved.

Is there any difference in meaning between thisstatement and

�The Chief Justice before you said that...�?

What is the function of did in this statement?

1. To uphold (a decision)

2. To lay down (rules)

3. To enforce (rules)

4. To reprimand

5. Felony

6. Ruling (court rulings)

7. Crime

8. Misdemeanour

9. To resolve

10.In keeping with

a. to put or keep in force; to compel obedience to

b. an authoritative decision, as one by a judge, on a debated point oflaw

c. a criminal offence defined as less serious than a felony

d. to support or defend, as against opposition or criticism

e. any offence, especially one of grave character; an action or instanceof negligence that is deemed harmful to the public welfare or morals,or to the interests of the state and that is legally prohibited

f. in conformity with, in agreement with

g. to assert firmly; to state authoritatively

h. to deal conclusively with a question or a matter of uncertainty; tosolve

i. To reprove severely, especially in a formal way

j. any of various offences, as murder, burglary, etc., of graver characterthan those called misdemeanours, especially those commonlypunished in the US by imprisonment for more than a year

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D.3.2 In pairs practise the terminology above by filling the missing words in the following statements.

1. This type of irresponsible behaviour will certainly be severely __________.

2. It is against the court __________ to visit your children more than once a week.

3. The high court __________ the lower court�s judgement of the case.

4. Good laws and rules are no good if they are not _________.

5. In this country it is a __________ to leave young children unattended.

6. There are charges of ___________ against you. You need the best lawyer you can get!

7. In this company all staff is required to observe the rules _______ _______ by the President,

no matter how rigid they may appear.

8. _____________ are strictly punished in our community.

9. The board hasn�t _________ the question of how to attract funds for this ambitious project.

10. I�m sorry to inform you that the court ruled that your actions were not _______

________ ______ the responsibilities you had agreed to assume.



Unit 6 THE STRUCTURE OF THE COURTS (II)

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Section A The English Court Structure

A.1 Discuss:

1. What do you know about the structure of the English courts?

2. What was the function of the earliest English justices?

3. What are the magistrates� duties?

A.2 You and your partner have photocopied a text on magistrates� courts in England and Wales.Unfortunately both your copies are of poor quality and some words are blurred in each of them.

Look at your respective copies (Student A - File1, Student B - File5) and try to guess the missing information.Then ask each other questions to check your guesses.

A.3 The article below throws a new light on magistrates� courts. As you read it, try to find the answers to thefollowing questions:

� What features of magistrates� courts are mentioned in the article?

� Does the article reveal any criticisms that have been made concerning this system of justice?

� What steps have been taken to reform and improve the magistrates� court system?

� What other courts in Britain does the article refer to? What seem to be their advantages?

Jury is still out on the volunteers who tip scales of justiceMoves to abolish the right of some defendants to crown court trials will test the fairness of

magistrates� courts, writes Jean Eaglesham

Had Roger Bailey owned a washing machine in1977, he might never have become involved in thecriminal justice system.

One of the locals he met on his regular visits tothe launderette persuaded him to follow her exampleand become a magistrate.

Two decades later, retired from engineering andrunning a smallholding in East Sussex, Mr Bailey isstill part of one of the most extraordinary featuresof the English system of justice.

Trials may be associated in popular culture withbewigged judges and barristers. But 97 per cent ofall criminal cases are judged by 30,000 part-time,unpaid and legally unqualified volunteers like MrBailey.

This produces one of the cheapest court systemsin the world. But the fairness and quality of that

system will come under intense scrutiny following thegovernment�s decision to abolish the right to trial byjury for tens of thousands of cases.

Plans announced last week by Jack Straw, the homesecretary, would prevent defendants charged withoffences such as theft and possession of drugs optingfor a crown court trial rather than a hearing beforemagistrates.

Under the new regime, the decision on such �eitherway� cases would rest with the magistrates, althoughdefendants would have the right to appeal to the crowncourt against a decision.

Civil rights campaigners and lawyers are appalledby the proposals. Their objections go to the heart offears about how the magistrates work � �middle-class,middle-aged white ladies sending unemployed youngblack lads back to prison�, as one lawyer put it.

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There is some evidence to back this view from apilot study by the Home Office into magistrates�courts in Leicestershire.

The preliminary findings suggest black defendantsaccused of theft are more likely than other defendantsto get a custodial sentence and less likely to be grantedunconditional bail.

�Black people appear to be treated differentlythroughout the criminal justice system. Trial by juryis a key safeguard and Afro-Caribbeans are morelikely than Asians or whites to choose it�, saidCourtenay Griffiths QC, of the Society of BlackLawyers.

�That reflects the mistrust of magistrates� courts,which are still perceived as being police courts�.

Such fears have not been assuaged by the systemfor appointing magistrates that prevailed untilrecently.

The local advisory committees that recommendappointments to the Lord Chancellor were completelysecret.

Critics suspected the committee members tendednot to look beyond the local Conservative, Rotary orgolf club when trawling for candidates.

A study earlier this decade showed that fewer thanone in five magistrates were working class, and peoplefrom ethnic minorities were substantially under-represented.

Recent reforms have tried to redress thisimbalance. Contact details for the advisory committeeare now published, along with the names ofcommittee members.

The guidelines for choosing magistratesemphasise there should be no racial or sexual bias.The Lord Chancellor proposed in December that

demographic factors should be taken into accountwhen selecting magistrates.

But only a relatively small number of newmagistrates are appointed each year. �Any possibleimprovement in balance whether in terms of politicalpersuasion, or indeed any other of the balancingfactors, can only be achieved gradually�, the LordChancellor�s department admitted.

In the meantime, critics believe the abolition ofthe right to a jury trial could add to an already over-heavy workload for the magistrates� courts.

�The system is already creaking. This wouldthreaten it with collapse�, said Malcolm Fowler,chairman of the Law Society�s criminal lawcommittee.

�It is not the fault of the magistrates � the vastmajority of them do their honest best � but they doso in circumstances that border on the intolerable ...they have to churn cases as quickly as they can incourts that are often woefully inadequate�.

The Lord Chancellor�s department said there wasno evidence of undue pressure on the courts.

�The system is coping and working to make itselfmore efficient�, it said.

Whatever the effect of these reforms, there areno serious moves afoot to challenge the wide-rangingscope and powers magistrates enjoy.

The system offers cheap and fairly quick justicein a way that many other countries admire.

There is also no evidence of a shortage ofvolunteers to sit on the magistrates� bench, mostmotivated by a sense of civic duty.

�It�s a way of contributing to society�, said MrBailey. �It�s not fun, but it�s interesting.�

From Financial Times, 27/5/1999

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A.4.2 Below you have some information concerning the qualifications of people who can be members of ajury in England and Wales. Read it, then discuss in small groups the advantages and disadvantages of trial byjury. Compare your conclusions with those of other groups.

A.4 Speaking practice: Exchanging views

A.4.1 Working in pairs, prepare 4 -5 questions about the article to ask other pairs. Use phrases from the boxbelow to start your questions. Then use the questions to see if the pairs next to you have a clear understandingof the reading text.

What do you think is meant by ...? What do you understand by ...?

What would be the result of ...? What are the chances of ... ?

According to the article, who.../what...? Why is it that ....?

Was there anything in the article that...? What�s the reason behind...?

What are the implications of ...? In your opinion, what should...?

Qualifications of Jurymen

The basic qualification of jurymen is that of citizenship as evidenced by inclusionin the Electoral Register. Anyone between the ages of 18 and 65 registered as anelector who has lived in England or Wales for five years or more since the age of13 becomes liable for jury service.

Payments in respect of jury service for travelling, subsistence and financial lossare made to jurors.

Anyone who has been imprisoned in the past ten years is disqualified from serv-ing on a jury as is anyone who has been on probation during the previous fiveyears.

Peers, judges, M.P.s, clergymen, barristers, solicitors, medical practitioners, mem-bers of H.M. Forces and police officers are among the persons exempt from juryservice. Mentally ill persons are illegible.

Note: The word �jurors� is preferred today to the rather old-fashioned �jurymen�. Can youexplain why?

i n fo b oxi n fo b oxi n fo b oxi n fo b oxi n fo b ox

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Had Roger Bailey owned a washing machine in 1977, he might never havebecome involved in the criminal justice system...................................................................................

Trials may be associated in popular culture with bewigged judges andbarristers. But 97 per cent of all criminal cases are judged by 30,000 part-time, unpaid and legally unqualified volunteers like Mr. Bailey.

This produces one of the cheapest court systems in the world. But the fairnessand quality of that system will come under intense scrutiny following thegovernment�s decision to abolish the right to trial by jury for tens of thousandsof cases.

Plans announced last week by Jack Straw, the home secretary, would preventdefendants charged with offences such as theft and possession of drugs optingfor a crown court trial rather than a hearing before magistrates........................................................................................

The preliminary findings suggest black defendants accused of theftare more likely than other defendants to get a custodial sentence andless likely to be granted unconditional bail.

A.5 Language Awareness

Look at the following excerpts from the article you read in A.3 and answer the questions in the margin:

Did R.B. own a washingmachine? How else can youput this?

Why is �may� used here?

Why is �will� used here?How does the meaningchange if �will� is replacedby �would�?

Why does the author say�would prevent� and not�will prevent�?

How else can you put this?

WILL vs. WOULD

will is used to talk about things you really expect to happen (or not to happen), things yousee as real possibilities:

e.g. I expect she�ll phone tonight. I don�t think the new bridge will solve the traffic problem.

would is used to talk about things you are just imagining as possible alternatives, butwhich you don�t see as really going to happen:

e.g. If I were you, I wouldn�t smoke so much. Why don�t you go jogging every morning? That would help you lose weight.

By changing from will to would in the same context, we can turn from predicting whatwill happen to imagining other possibilities:

e.g. The council�s plan to restrict the traffic will not solve the pollution problem in the area. A betteridea would be to take drastic measures against the big industrial pollutors. This would reallyimprove the local environment.

grammar box

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A.6.2 Can you remember some �rules of thumb� about how the Passive is formed? Apply these rules inturning the underlined verbs below into the Passive. You will need to rewrite the passage. What effect isachieved by these changes?

The European Convention on Human Rights provides for an individual�s right to respect for hisprivate and family life, home and correspondence. However, the British law of defamation offerslimited protection to celebrities, who often find that photographers have digitally doctored (i.e.altered) their photographs to manipulate the public.

By contrast, American law gives greater protection to celebrities, who can sue publishers ofphotographs that one could say are defamatory. In 1977, a US District Court awarded the actorDustin Hoffman $1,500,000 in punitive damages for invason of his right of publicity. Los AngelesMagazine published a defamatory picture of Hoffman which the photographer had created bymerging a picture of the actor from the film Tootsie with another photograph of a model. Thejudge found that the newspaper had �violated Hoffman by technology�, depriving the actor of hisdignity, professionalism and talent.

Find other examples of the Passive in the article.

A.6 Grammar Focus: The Passive

A.6.1 Look at the underlined verbs in the following passage from the article. Can you explain why the authorhas used the Passive here? How would the meaning change if the verbs were in the Active Voice?

The Lord Chancellor proposed in December that demographic factors should be taken intoaccount when selecting magistrates. But only a relatively small number of new magistratesare appointed each year. �Any possible improvement ... can only be achieved gradually.�


Last night Sheffield police were held atgunpoint and rubbed (sic!) by masked terrorists.

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A.6.3 Now replace the passives with their activeequivalents and make other changes, if needed, to turnthe piece of news below into less formal, moreconversational English, as you would tell it to a friend:

grammar box

USING THE PASSIVE

�We use the Passive when we are interested in what happened to someone or something,rather than in who did the action.

e.g. The police were called at the scene of the accident.

What action will be taken in this case?

We were told that their computer had been stolen.

� Passive reporting verbs followed by infinitives are especially common in more formalwritten English (e.g. newspaper reports). In conversational English, active forms aremore ususal. Compare:

They are known to work for the Mafia. Everyone knows they work for the Mafia.

She is reported to be living in Chicago. There are reports she�s living in Chicago.

He is said to have robbed a bank. They say he robbed a bank.

�We also use the passive for stylistic purposes, in order to keep the same subject overseveral sentences. Compare:

His grandfather fought in the SecondWorld War and the enemywounded him on D-Day.

His grandfather fought in the SecondWorld War and was wounded onD-Day.

Mark Griffiths, 28, was hit in the chest andarm by 50 shotgun pellets as he and anotherman tried to smash their way into an oldman�s home. The gun had been fired in self-defence by Mr. Fowler, an 82-year-oldpensioner, the court was told by the defence.Nevertheless, Mr. Fowler was found guiltyand ordered to pay Mr. Griffiths £4,000damages for physical injury. Griffiths isbelieved to have been involved in severalother burglaries in the area, but this has notbeen proved yet.

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Now complete the following sentences with some of the word partnerships you have formed:1. Solicitors offer ............ ............ to clients.2. People are often reluctant to initiate ........... ............. .3. The role of ............ .............. is to protect citizens from wrongdoers.4. Many people are ignorant of the way in which the ............ ............ works.5. People often associate ........... ........... ............ with being tried for a crime.

Section B Attitudes to the Legal System

B.1 An Interview on the Public Attitude to the Courts

B.1.1 You are going to listen to an interview on people�s attitudes to the legal system in Britain. Before youlisten to it, discuss the folowing questions with a partner:

What do you think is the public image of the courts among the British?

What about the public perception of judges?

Are the following statements true or false? Discuss. T F

Most people in Britain have confidence in the legal system.Most British people believe that the system works better for the rich than for the poor.Few people in Britain make the distinction between civil and criminal courts.

B.1.2 Now listen to the interview and see if your predictions are right.

B.1.3 Give your Opinion

What would people in Romania say if they were interviewed for a similar survey? Would their attitudes differfrom those of the British? How would you answer the question: �Do you trust our legal system?�Apart from the criminal courts that have been discussed so far, the English juridical system includes a series ofcourts for civil litigation. You can find some basic information about these in the Info box at the end of Section B.

B.2 Language Focus

B.2.1 Vocabulary Work

How many word patnerships can you form by combining the two lists below?

civil advicelegal courtcriminal proceedingsjudicial servicecourt rights(to) go to system(to) defend structure(to) enforce

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B.2.2 Negative Prefixes

Use the prefixes in-, im-, mis-, un- to form the opposites of the following words (most of them can be foundin the article you read in A.3 and in the interview in B.1). Then write one or two paragraphs on the Englishcourt system, including as many of these opposites as you can:

qualified balanceunderstanding tolerablepaid adequatetrust expensivelikely fortunatefortune employed

A

Thank you for your invitation.

The courts play a major role in theprotection of citizens.

A trial can be very stressful.

B

Thank you for inviting me.

The courts play a major role in protectingcitizens.

Going to court can be very stressful.

B.2.3 Grammar Focus: -Ing Forms

(1) Compare the underlined words in the pairs of sentences below. What differences are there between those incolumn A and those in column B? What do they have in common?

Replace the nouns in italics with -ing forms, retaining the meaning:

1. A lawyer�s work can be very demanding.

2. He�s an expert in legal advice.

3. Were you responsible for the investigation of the case?

4. The Professor started his lecture with a review of the main divisions of law.

(2) Note that -ing forms often follow phrases with prepositions. Here are two more examples form the interviewyou have listened to:

The media play an important part in shaping the public�s views.

The study revealed a perception of judges as prone to making insensitive comments.

Complete these sentences including a preposition and an -ing form:1. They accused him ...... ................ the bank.2. Courts are responsible ...... ................. the law.3. Would you be interested ...... ................. the historical sources of English law?4. They blamed her ..... ............... her children.5. Is he thinking ..... ................... a career in law?

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He�s worried about ...He�s afraid of ...

Two solicitors discussing their firm�s financial situation:

�Expenses are up, income is down. I think we need to charge our clients more.��Charge them more per hour! We can�t, really - our rates are extortionate already!��What if we shorten the hour to, say... fifty minutes?��Brilliant!��We could even shorten it to forty minutes and agree to reduce our «hourly» rate by

ten per cent!��We can surely fit a lot of hours in the day!�

I may have toappear beforea judge.

I may notget a fairhearing.

They may sendme to prison!

The solicitor maycharge me more than

I can afford.

The judgemay not beimpartial.

They maysentence me

for somethingI didn�t do!

(3) Look at the examples below. Which use a passive form?

The study involved questioning 1,100 adults.For most people, going to court is the same as being tried for a criminal offence.Being a magistrate is a way of contributing to society.Why did they try to prevent him from being appointed a magistrate?

Jim Bradley is being held suspect in an armed robbery case. He didn�t actually take part in it, but he doesn�thave an alibi. In the bubbles below you can see some of his fears and worries. Use -ing forms to say what theyare, starting your sentences like this:


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info boxinfo boxinfo boxinfo boxinfo box

Civil Courts in England and Wales

As the English legal system has evolved mainly through case law, in the structure of thecourts inferior courts are bound by the decisions made by the High Court. Similarly, theHigh Court is generally bound by the decisions made by the Court of Appeal and theHouse of Lords. The court which deals with a case for the first time, as opposed to a courtwhere the case goes on by way of appeal, is known as the court of first instance.

The High Court

The High Court includes the Royal Courts of Justice, based in London, as well as otherbranches, known as District Registries, in larger towns throughout England and Wales.The High Court consists of three divisions:a) Chancery Division, which deals with matters such as trusts and disputes about

ownership of land, and also includes the Companies Court and the Patents Court.b) Family Division, which deals with family matters such as some defended divorce

cases, legitimacy, and adoption.c) The Queen�s Bench Division, the most used division of the High Court, which deals

with all matters that are not specifically allocated to the other divisions (e.g. contractand tort). It includes the Admiralty Court and the Commercial Court.

Appeals against decisions made in the High Court can be made to the Court of Appeal.

High Court judges are appointed from the ranks of barristers and solicitors. They hearcases, and also some legal matters which may be heard in private in the judge�s room (orchambers) and do not have to be heard in open court. All judges in the different divisionsof the High Court have considerable judicial powers. Some of them may be promoted tothe Court of Appeal or even to the House of Lords. The Lord Justices of Appeal musteither be judges already or barristers of 15 years� standing.

The County Court

Each district in England and Wales has its own county court and a District judge isresponsible for his own court. Some of the larger courts in urban areas have more thanone District judge, while in some of the smaller areas several courts are grouped togetherwith just one District judge between them. A District judge is appointed by the LordChancellor and is a solicitor or barrister of some years� standing. Circuit judges, whotravel from one court to another, also hear cases in the county courts. A circuit judgemust have been a barrister of 10 years� standing.

Besides hearing civil litigation cases, some county courts, but not all, may deal withcertain divorce cases, admiralty, bankruptcy and race relations matters. Certain types ofproceedings relating to copyright, designs and patents may also be heard in countycourts, but an even wider range may be heard in the Patents County Court.

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Section C Court Structure in Romania

C.1 Together brainstorm facts you know about the structure of Romanian courts. When you have done this,read the Info Box at the end of this unit, giving a brief outline of the legal system in Romania and compareit with your list. Are there any aspects you have not mentioned/ thought about?

C.2 In groups draw a comparison between two different court systems, as follows:Group A - the U.S. and the English systemsGroup B - the U.S. and the Romanian systemsGroup C - the English and the Romanian systems

Put down in note form what the respective systems have in common and what distinguishes them.

You may also refer to the public�s knowledge of the court system and understanding of how it works, as wellas their attitude to it. State what measures should be taken to improve these.

C.3 Giving a Presentation

C.3.1 In the next part of this section, you will have to give a presentation on your topic. Before you do so, studythe instructions below outlining the structure of a presentation.

The Introduction (�Tell them what you�re going to tell them�)- greet the audience (+ introduce yourself)- give the subject/title of your talk- describe the structure of your talk- refer to questions and/or discussion

The Main Body (�Tell them�)

Sections Sub-sections- first part - a

- b- c

- second part - a- b- c

- third part - a- b- c

The Conclusion (�Tell them what you�ve told them�)

- sum up the main points- conclude- invite questions from the audience and/or introduce discussion

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C.3.2 Here are some useful phrases for the various stages of the presentation. In pairs, decide which phrasesto use in each of the stages outlined above. The first one has been done as an example.

................................................................................................................................................................Thank you for listening. Now I�d like to invite your comments.Right. Now, are there any questions or comments?I�d be very interested to hear your comments.

...........................................................................................................................................................There are (three) things to consider.First ... Second ...One is ... Another is ... A third (aspect) ...On the one hand, ...On the other hand, ...

..............................................................................................................................................................................................Right, I�ve told you about...So far we have looked at ...So much for ...

...............................................................................................................................................................................In conclusion, ...To conclude, we can say that ...I think we have seen that ...

...............................................................................................................................................................................Let me turn now to ... Now I want to (describe) ... Let�s move on to ...Let�s look now at ...

...................................................................................................................................................................................................Good morning/afternoon, ladies andgentlemen.Ladies and gentlemen, ...

.....................................................................................................................................................................I�d like to end by emphasising the main points.I�d like to recap/sum up now ...Let me summarise briefly what I�ve said.

.....................................................................................................................................................................Please interrupt if you have any questions.After my talk there�ll be time for questions.

....................................................................................................................................................................................My talk will be divided into ... parts.First (of all ), I�ll ... Second.... Third...Firstly... Secondly ... Thirdly ...In the first part, I�ll ... Then ... Next ... Finally ...

a. Introducing the subjectI�m going to talk about ...The subject of my talk/presentation is ...I�d like to give you an overview of ...I�d like to begin by ...

b.

c.

d.

e.f.

g.

h.

i.

j.

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C.3.3Now use your notes in C.2 above and phrases from C.3.2 to prepare your presentation. Work in yourgroups. Prepare a visual aid or use the board to accompany your talk. Each of you should be responsible fordelivering one part of the presentation.

While listening to your colleagues� presentations, fill in the feedback form below:

Observation sheet for oral presentation

Score1 5

(min) (max)

Name of presenter

Points to consider

- subject knowledge- relevance- evidence/ support information

- outline/ organisation- coherence- signalling/ sequencing- planning

- contact with audience- persuasiveness- timing

- appropriacy- variety- fluency

- grammar- vocabulary- pronunciation

Aspects

Content

Clarity

Delivery

Range/ useof expression

Accuracy

The structure of courts in Romania

Competenþa dupã materie:

�Art. 1 - Judecãtoriile judecã:

1. în primã instanþã, toate procesele ºi cererile, în afara celor date prin lege în competenþaaltor instanþe;

2. plângerile împotriva hotãrârilor autoritãþilor administraþiei publice cu activitatejurisdicþionalã ºi ale altor organe cu astfel de activitate, în cazurile prevãzute de lege;

3. în orice alte materii date prin lege în competenþa lor.

i n fo b oxi n fo b oxi n fo b oxi n fo b oxi n fo b ox

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Art. 2 - Tribunalele judecã:

1. în primã instanþã:a) procesele ºi cererile în materie comercialã al cãror obiect are o valoare de pânã la 10

miliarde lei inclusiv, precum ºi procesele ºi cererile în aceastã materie al cãror obiecteste neevaluabil în bani;

b) procesele ºi cererile în materie civilã, al cãror obiect are o valoare de peste 2 miliardelei; b1) conflictele de muncã, cu excepþia celor date prin lege în competenþa altorinstituþii;

c) procesele ºi cererile în materie de contencios administrativ, în afarã de cele date încompetenþa curþilor de apel;

d) procesele ºi cererile în materie de creaþie intelectualã ºi de proprietate industrialã;e) procesele ºi cererile în materie de expropriere;f) cererile pentru încuviinþarea adopþiilor;g) cererile privind punerea sub interdicþie, declararea dispariþiei ºi declararea morþii;h) cererile privitoare la nulitatea cãsãtoriei, nulitatea sau desfacerea adopþiei ºi cele pentru

decãderea din drepturile parinteºti;i) cererile pentru repararea prejudiciilor cauzate prin erori judiciare sãvârºite în procesele

penale;j) cererile pentru recunoaºterea, precum ºi cele pentru încuviinþarea executãrii silite a

hotãrârilor date în þãri strãine;

2. ca instanþe de apel, apelurile declarate împotriva hotãrârilor pronunþate de judecãtoriiîn primã instanþã;

3. ca instanþe de recurs, recursurile declarate împotriva hotãrârilor pronunþate de judecãtoriiîn ultimã instanþã;

4. în orice alte materii date prin lege în competenþa lor.

Art. 3 � Curþile de apel judecã:

1. în primã instanþã, procesele ºi cererile în materie comercialã al cãror obiect are o valoarede peste 10 miliarde lei, precum ºi procesele ºi cererile în materie de contenciosadministrativ privind actele autoritãþilor administraþiei publice;

2. ca instanþe de apel, apelurile declarate împotriva hotãrârilor pronunþate de tribunale înprimã instanþã;

3. ca instanþe de recurs, recursurile declarate împotriva hotãrârilor pronunþate de tribunaleîn apel, sau împotriva hotãrârilor pronunþate în primã instanþã de tribunale în proceseleºi cererile în materie comercialã, precum ºi alte cauze prevãzute de lege;

4. în alte materii date prin lege în competenþa lor.

Art. 4 � Curtea Supremã de Justiþie judecã:

1. recursurile declarate împotriva hotãrârilor curþilor de apel ºi a altor hotãrâri, în cazurileprevãzute de lege;

2. recursurile în interesul legii;

3. recursurile în anulare;

4. în orice alte materii date prin lege în competenþa sa.

(extras din Codul de procedurã civilã, cu modificãrile aduse prin OUG Nr. 138/2000)

E L P / 79




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UNIVERSITATEA “Babe -Bolyai” – Cluj-NapocaFacultatea de Drept

TEST DE LIMBA ENGLEZ PENTRU STUDEN II DE LA DREPT (1)

A. CITIRE-ÎN ELEGERE /READING COMPREHENSION/

I. Read the following text/Citi i urm torul text:

SOURCES OF LAW AROUND THE WORLD(Sursele Dreptului în lume)

The earliest existing written laws are found in the Code of Hammurabi whoruled Babylon from 2123 to 2081 B.C. Like most early legal systems, this code wasbased on the dominant religion of the culture and dealt harshly with those who brokeits rules of behaviour. For example, adultery was punishable by death, and the law ofretaliation demanded that if a defective building collapsed and the owner was killed,the building architect was put to death.

The concept of retaliation also was found in the Hebrew system, whichborrowed heavily from the Babylonian code. Both the Babylonian and the Hebrewsystems relied on capital punishment and slavery as punishment for breaking civil andcriminal law. Like the Babylonians, the Hebrews believed the law was of divine origin.However, the basis for the Hebrew law was the Pentateuch (the first five books of theOld Testament) and the Talmud (the written traditions governing Jewish life). Manyearly Hebrew laws were solutions to practical problems. For example, dietaryrestrictions on eating certain foods, such as pork, reflected the dangers presented bylack of refrigeration.

As the Roman Empire developed, so did a complex system of laws gearedtoward governing an increasingly urban population. The Roman philosopher Cicerodefined three elements of law – legislation, administrative edicts and judicial reasoning– which dominate in all legal systems today. Roman law spread throughout Europe,and after the fall of the Roman Empire, the rulers of the rising Eastern Empire,continued to develop the concepts of Roman law. In AD 528 the Emperor Justiniancollected these laws and published them as the Code of Justinian or Corpus JurisCivilus. This code is the cornerstone of today’s civil law systems dominant throughoutEurope, South America, Scotland and Quebec. In the United States, only Louisianabases its laws on a civil system, reflecting its heritage as a French colony.

The Law of Islam, developed in the seventh century, is an all-embracing body of religious duties that regulates the life of every Muslim. Today, Middle East nationsstruggle to reconcile Islamic law and Western law. Typically, religious law prevails inmatters of family, inheritance, and criminal law and Western law prevails in commercialand finance matters. Thus, religious law treats a man’s wife as his chattel orpossession, while Western law governs the negotiation of trade agreements betweenMiddle East countries and Western nations.

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II. Completa i propozi iile de mai jos, alegând unul din cele trei r spunsurisugerate /Complete the statements below choosing one of the three suggestedanswers/:1. The Code of Hammurabi was based on _____: a) rules of behaviour b) the dominant religion of the culture c) the law of retaliation2. Retaliation means _____:a) insulting somebody b) hurting someone c) repaying an injury3. The Hebrew system relied on _____: a) the concept of retaliation b) the Babylonian system of lawc) on capital punishment and slavery as punishment for breaking the law4. The elements of law deriving from Roman law which dominate in all legalsystems today are_____:a) legislation, administrative edicts and judicial reasoning b) retaliation,religion and culturec) religion, legislation and administration5. The Code of Justinian is the cornerstone of the civil law system in countriessuch as_____:a) France b) England c) U.S.A.6. The Law of Islam regulates_____:a) family matters b) succesion, criminal and family matters c) religious matters

20 puncte

B. SCRIERE /WRITING/I. Încercui i varianta corect care completeaz adecvat spa iile libere /Circle the correct variant to fill in the blanks/:1. Last year he played hockey much better than he ___ now.

a) played b) plays c) does d) will play2. This pen ___ to his late (= no longer alive) friend.

a) is belonged b) belongs c) has belonged d) belonged3. If he ___ surprised at our visiting at the museum, he didn’t show it.

a) were b) was c) had been d) has been 4. The management decided that the festivity hall ___ open all day long.

a) remain b) will remain c) should remain d) remained

20 puncte

II. Reformula i fiecare din urm toarele propozi ii f r a schimba sensul acestora /Rephrase each of the following sentences so that the meaning stays the same/:1. The correctness of his English is absolute. He speaks English ______________________________________________________________.2. My friend said “Don’t stop the car here. The policeman is looking at us”. My friend told__________________________________________________________________

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3. They missed the train because they got up late. If ___________________________________________________________________

4. I regret attending that boring lecture. I wish___________________________________________________________________

20 puncte

III. Scrie i un scurt eseu (cca 150 cuvinte) despre textul pe care l-a i citit anterior (A,I) /Write a short essay (cca 150 words) about the text you have read before /_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

20 puncte

C. VORBIRE-ASCULTARE/SPEAKING - LISTENINGDiscuta i urm toarea tem : De ce ai ales s studiezi Dreptul?Discuss the following topic:

Why did you choose to study law?20 puncte

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