Limba Engleza - L.ciocoi Pop

ENGLEZA PENTRU JURISTI PART 1: THE ENGLISH LEGAL SYSTEM 1.The Inns and Outs Who does what? Test your knowledge: Answers: 1-D; 2-G; 3-F; 4-A; 5-C; 6-H; 7-I; 8-J; 9-B; 10-E

Lawyers Face the Free Market Test Vocabulary items: deregulation = change cost-effective = financially efficient constrained = limited safeguarded = protected are bound = are obliged barrister = avocat pledant ancillary = subordinate, secondary jurisdiction = putere judiciara expertise = competence Legal Ombudsman = a Parliamentary Commissioner who investigates complaints against government department Lay Observer = observator profan, nespecialist conveyancing = cesiune Categories: 1-C; 2-B; 3-D; 4-A; 5-C Vocabulary search: financially efficient = cost-effective to work (as a lawyer) = to practice in the legal profession restricted = constrained protected = safeguarded pleading in court = advocacy the right to appear in court as an advocate = the right of audience step/level = certificate to give/to grant = to issue pertinent = relevant qualified or suitable for something = professional to keep = retain

a person who acts as an intermediary in the buying and selling of property = estate agent a person who acts as an intermediary between the general public and the Stock Exchange = stockbroker to handle = to deal with to get rid of = to abolish a Parliamentary Commissioner who investigates complaints against government departments or large organisations = Ombudsman to reexamine = investigate laws or rules intended to protect someone or something from being harmed = jurisdiction acknowledged = eligible for appointment special skills or knowledge acquired by training, study or practice = practice (someone who is) not a member of the profession = non-lawyer to make (something) difficult by placing obstacles in the way = to hinder

Crown Prosecutors, an Example of Change Definitions: a Crown Prosecutor = a prosecutor of the Royal service to prosecute = to initiate and conduct legal proceedings a) a da in judecata: Mary Whitehouse successfully prosecuted the editor of the newspaper. b) a reprezenta acuzarea, a acuza: Mr. Woodby always defends, he never prosecutes. prosecutor = acuzator, procuror “lower” courts = courts of justice of minor importance rights of audience = rights of practice in the court a solicitor = (only in the lower courts) a solicitor is a lawyer who gives legal advice and prepares legal documents and cases; consilier juridic, jurist, avocat a local authority = a public figure of the local community the “duty solicitor” scheme = a schedule for solicitors to be on duty to take instructions = to receive instructions criminal case = legal case that has to do with conviction (not civil) Rearrange the text: The Crown Prosecution service was set up in October 1986 as a result of a Royal Commission that looked into the idea of separating the investigative process and prosecution itself. Now, however, a powerful national service exists that is completely independent from the police. Before the police had the responsability for both. There were, in fact, several means of obtaining solicitors to prosecute: some, for example, employed solicitors and the police had the same role as a private client. To conclude, it may be said that this service is working well despite a lack of funding and some difficulty in recruiting staff.

2. The Arms of the Law. The Judiciary. Magistrates Definitions: the judiciary = sistem juridic Lord Justice = lord is the title used in front of the name of judge, bishops (episcop), and officials of high rank; e.g. the Lord Mayor of London; the Lord Chief Justice appeal = apel, recurs Lord Justice of Appeal = judecator la Curtea de Apel Justice of Peace = judecator de pace; A Justice of Peace is an officer of the Court who judges cases that come before the lower courts. stipendiary = salariat; (as an adj.) cu salariu: stipendiary magistrate a magistrate = is an official who acts as a judge in a law court which deals with minor crimes or disputes offence = delict, infractiune; An offence is a crime. assault = atac crime = delict jury = juriu, totalitatea juratilor indictable = pasibil de urmarirea penala, care cade sub rigorile legii manslaughter = omor prin imprudenta to commit = a trimite la inchisoare; a condamna committal = arestare warrant = mandat to issue = a emite betting (shop) = agentie de pariuri panel = comisie, comitet, grup de specialisti expense = cheltuieli care se deconteaza; at someone`s expense = pe cheltuiala cuiva to incur = a face datorii; business expenses that arise / incurred outside the office Vocabulary search: not an expert (adj.) = lay to handle = deal with petty = marunt, neinsemnat, meschin, trivial infringement of the law = criminal jurisdiction; incalcare, violare soliciting money or goods = offence offence that is tried in the Common Court = indictable offence murder with mitigating circumstances or no mens rea = manslaughter stealing money, property or goods = theft sum = amount to choose = elect to justify = to warrant document authorising the arrest of a person or a search of his property = warrant permission to do something that would otherwise be unlawful = license

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

Police Powers Vocabulary items: offence = delict, infractiune to repeal = a abroga, a revoca burglary = spargere fingerprint = amprenta smuggling = contrabanda warrant = mandat de arestare manslaughter = omor prin imprudenta reckless = nesabuit harm = vatamare, primejduire charge = accusation evidence = sample (proba) under (the Public Order) = sub incidenta record = cazier conspiracy = uneltire interference = amestec, ingerinta summon = citatie Translation: 1. Rape is an offence that carries a sentence of at least five years. 2. Police powers undergo changes at present. 3. Arsony for criminal purposes is considered as serious a crime as theft. 4. The texts regarding arrest without warrant are going to be modified. 5. He is suspected by the police of drugdealing. 6. Every time he is being asked a question, he pretends he hasn`t heard or seen anything. 7. Police is going to question the suspect tomorrow. 8. How annoying! This young inspector is always about to require house-search, even when it is not necessary.

9. In England, fingerprints are taken at the Commissariat. 10. The increasing number of criminal offences in Romania starts worrying the authorities.

3. The Court System The Different Courts What goes where? The Initiation of a Case = to sue someone for damages, to bring an action to Court for compensation The Parties to a Case = the plaintiff, the defendant/the accused The Judgment = to prosecute, to fine the defendant, to find for the plaintiff, to sentence the accused, to award compensations The Appeal = to reverse a decision, to quash a conviction, to order a new trial, to substitute an alternative verdict The right terminology: prosecuted = sued accused = plaintiff the plaintiff = the accused awarded him damages = sentenced him to reverse his conviction = substituted an alternative verdict plaintiff = defendant

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

4. The Job Market What`s Right For You? Vocabulary items: litigation = litigiu, proces, judecata

liaison = legatura practice = birou Vocabulary search: A consilia = to advice Cautat = seeked Provocare = challenge Volum de munca = volume of work Disponibil = available Insolvabilitate = insolvency Administrator judiciar = administrative receiver Drept penal = criminal law Experienta = practice Consilier fiscal = tax consultant Formatie = team Conceput = conceived Ameliorat = enhanced Arbitraj = litigation Retea nationala = nationwide network Gama larga = wide range Pertinent = competent A evalua = to asset Stagiar = trainee, articled Definitions: Scheme = project Career advancement = promotion Associate partner = another solicitor working in the same business Administrative receiver = legal administrator; administrator judiciar Insolvency = the state of a person or organisation that does not have enough money to pay their debts Rewards = recompensa, rasplata Corporate tax = taxes paid by corporations Bonus = an extra sum of money as a reward for work well done; prima Articles = the period of being a trainee; stagiatura Applicant = a person who wants to get a job

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

PART TWO: LEGAL CONCEPTS 1. The Common Law Definitions The common law = the general legal system Jurisdiction = jurisdictie; the power that a court of law or someone in authority has to carry out legal judgements or enforce law Equity = a) echitate, dreptate; b) jurisprudenta bazata pe legea nescrisa / dreptul antioal; the principle used in law which allows a fain judgement to be made in a case where the existing laws do not provide a reasonable answer to the problem Statute = act legislativ; lege adoptate de parlament Statute book = cod penal; culegere de legi votata de parlament To atomize = divided into a lot of small parts; a se pulveriza, scinda Jutes = Low-German tribe that settled in Britain in the 5th-6th cent. Intestate [intesteit] = die without leaving a will; fara a lasa testament Tenure (of land) = in the legal right to live in a palace or use land or buildings for a period of time Tenants in chief = Norman noblemen given their land by the king who presided the feudal courts Tenant = chrias Self-seeking = egocentric, egoist, interesat Patrimonial rights = patrimoniu, mostenire, avere Judicative = judicial A sitting = is an occasion when an official body such as a law court has a meeting; reuniune, sedinta Revenue = venit Forfeiture = pierdere Amerce = a) (law) punish by fine; b) punish arbitrarily To resent = to revolt e.g. If you resent something you feel bitter and angry about it; a se indigna, infuria Impetus = impuls, avant Exchequer = Ministerul de Finante Plea = a formal statement by or on behalf of the defendant; pledoarie. A plea is the answer which someone gives when they say they are guilty or not. Appellate = law (especially of a court) concerned with or dealing with appeals (The Court of Appeal) To supplant = to take their place; a inlocui At the outset = de la inceput Matching: 1-D; 2-H; 3-I; 4-E; 5-A; 6-J; 7-C; 8-B; 9-F; 10-G

The Nature of the Common Law Language Focus: Prepositions 1. The judges used to sit on the Assizes. 2. Offences to the person include murder and rape. 3. The criminal is to be tried for manslaughter. 4. When a barrister is admitted to the profession, we say that he is called to the bar. 5. In common law a mistake only prevents the formation of a contract if it is a fundamental mistake of fact. 6. A good lawyer must know which rules apply both to common law and equity. 7. The drunken driver was put under arrest. 8. The suspect was held in custody before being released on bail. 9. The Court of King`s Bench had first instance jurisdiction over all wrongs. 10. A suit now refers to any type of court proceedings though its original meaning was a suit for equity rather than an action of law. 11. For the winding up of a firm a liquidator is appointed.

The Writ System Writ = ordonanta, dispozitie Indorse (endorse) = confirm,, sign; write an explanation on the back of a document Pleading = pledoarie Onerous = difficult and unpleasant; oneros, impovarator

2. Equity Equity and the Common Law Vocabulary search: Not the same = no more than At the beginning = originally To obtain = to acquire Remedy / the act of making right = to redress A person party to a court action = litigant Satisfaction = relief A court order telling a person that he must fulfil his obligations under a contract = injunction To be victorious / to take precedence = to prevail To resist = to defy Complicated = intricate To replace = to supersede To make law = judicature A person applying for redress against another person in a law suit = plaintiff Pure / simple = idle

To count on = rely on Eviction = ejectment A conveyance of land giving full possession to a person for a fixed period = lease Agreement / promise = covenant Responsible in law = liable Non-respect of an agreement = breach Definitions: An injunction = a judicial order restraining a person from an act or compelling redress to an injured party The "fountain of justice" = the supreme justice "Conflict or variance" = disagreement the Court of Chancery = the supreme / Royal court of justice a tenant = a person who rents land or property from a landlord equity = natural justice Translation: 1. Modern law is complex as compared to equity. 2. Equity is part of the common law. 3. The British legal system is the best in the world. 4. Lawyers play an important part in contemporary society. 5. In the Middle Ages the king, as the fountain of justice, acted / was very often as both the judge and the judiciary. 6. In 1875 the English Judiciary changed and "common injunctions" were abolished. 7. In Paris the angry landlord and the tenant that doesn`t pay his rent are typical litigants in the court of law. 8. I love law, especially commercial law. 9. Contemporary law students are the future lawyers and we call upon them to study the use of the article in English.

3. The Doctrine of Precedent and Case Law The Rules of Precedent Vocabulary items: Practice statement = a statement made in the course of trials; no legal statement Admonitory (admonition) = warning, rebuke; dojana, admonestare Obiter dicta = (a thing said by the way by a judge) not essential, without binding authority A counsel = is a lawyer who gives advice on a legal case and fights the case in court; e.g. That is one of the arguments that is used by defense counsels. Answer the questions: 1. The Acts of Judicature of 1873-1875.

2. A judge`s decision in a particular case constitutes a "precedent". 3. Binding decision = compulsory; persuasive decision = consider it is material, but not binding 4. The parts of a decision regarding as binding are called the ratio decidendi of the case; persuasive = obiter dicta 5. The Court may depart from its earlier decision when it thought it right to do so. 6. It may depart from its previous decisions in only three narrow situations: where there are two earlier conflicting decisions; where the Court`s earlier decision cannot stand with a subsequent decision of the House of Lords; and when the Court`s earlier decision was given per incuriam (through negligence or oversight). Language Focus: The Passive: Translate into English: 1. At the beginning of the century the Courts of Appeal (Appelate Courts) were compelled to apply the doctrine of precedent. 2. The doctrine of precedent was considered as binding. 3. Indeed the English law is based on the principle of stare decisis (in other words, what was decided previously must be obeyed). 4. The judge was compelled to state his verdict on account of a precedent case that was already judged. 5. Starting 1966 a relaxation is to be noticed. 6. The English judges were allowed to depart from a previous decision for the sake of jurisdiction. 7. Nevertheless, there are only three instances when a departure from previous decisions can be made. 8. It must be noted that only a part of a judgement is taken into account. 9. Any proposition of law found in the judgement that is not related to ratio decidendi is called obiter dicta. 10. All along this text many judicial aspects were brought up.

4. Statute Law Strikes: The Position at Common Law and Statute Vocabulary items: Go-slow = greva cu incetinirea ritmului de lucru Work-to-rule = greva japoneza To withhold = a retine Fall due = i se cuveni, a-i reveni Repudiatory = a repudia, a respinge To detract = a scadea, a diminua Recourse = recurgere Notice = atentionare, avertizare Rescission abrogare, anulare

Redundancy = concediere, reducere de personal To accrue = a se acumula Concession = concesie The vocabulary of industrial action: 1-G; 2-L; 3-J; 4-K; 5-O; 6-B; 7-E; 8-D; 9-N; 10-M; 11-A; 12-C; 13-H; 14-F; 15-J Language Focus: Linking Words: Dar = but De fapt = in fact Cu toate ca though Asa cum = as Mai mult / in plus = moreover Totusi = however Altfel = but only that La fel = any more than Deoarece = since Din aceasta cauza = thereby Daca da … sau nu = whether or not In timp ce = during Asa incat = in that In acest scop = here Bineinteles = indeed Translation: 1. As Mr. X took part in a go-slow strike 10% of this month wage will be withheld. 2. Although the workers preceded the strike by a notice they are liable of breach of contract. 3. Moreover, common law enhances the illegal character of the strikes. 4. In fact, it is difficult to state / assert that the state adopts a neutral stand regarding industrial actions / in its attitude toward strikes. 5. Even lesser forms of industrial action, such as work-to-rule or go-slow, are punished by law. 6. The strikers that give a notice simply want to "break" the contract trying to keep the contract alive as long as the employer does not exercise his right of rescission. 7. If an employee thinks he is the victim of unfair dismissal whether or not he took part in a strike, he can, of course, ask for a judicial decision (an industrial tribunal has jurisdiction to hear his complaint).