british legal system · 7 actions, flexible - law must be able to respond to the challenges of...
TRANSCRIPT
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CAMELIA FIRICĂ
THE LANGUAGE OF LAW
IN A NUTSHELL
CRAIOVA
2016
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“Knowledge is of no value unless you put it into practice“
Anton Chekhov
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Foreword If you talk to a man in a language
he understands, that goes to his head.
If you talk to him in his language,
that goes to his heart.
Nelson Mandela
There are many reasons why one should learn English!
The main one is that knowing a foreign language means to
live another life! It helps you beyond the limits of your world!
Another reason is that globalization nowadays is manifest at
linguistic level, too, so English has been accepted as the only
means of communication in politics, economy, academic life, in all
fields of life.
The unparalleled achievements that science knew during the
last decades occurred in English speaking countries and they
represented the reasons that imposed the use of English in every
part of the world.
The present course is a step that you may take if you want to
become more desirable to employers, take advantage of more and
better professional opportunities, attend international scientific or
professional events, get wider access to knowledge.
As you can see, many doors will open for you!
The author
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CHAPTER 1.
INTRODUCTION TO LAW
On the completion of this chapter your knowledge of
English will help you:
Give a brief definition of law.
Make the distinction between law and rule.
Speak about the characteristics of the law.
Define major legal systems and name them.
INTRODUCTORY DISCUSSION
How can law be briefly defined?
- It is a system of control through which society
operates, a set of rules - imposed by the coercive force of the
state - that developed in the course of time and that govern
the conduct of individuals among themselves or between
individuals and government inside a community.
Did all rules become laws?
- Rules become law when they concern the general
public as a whole and are enforced in public courts.
What are the characteristics of the law?
- Law must be certain - people must be secure in their
knowledge of what they are doing and the effects of their
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actions, flexible - law must be able to respond to the
challenges of society’s changes, fair - law must not be
inequitable, unfair or unreasonable, accessible for all citizens
who must have access to knowledge of the law.
What is the rule of law?
- The rule of law is the legal principle according to
which law should govern a nation, as opposed to being
governed by arbitrary decisions of individual government
officials. Rule of law implies that every citizen is subject to
the law, including law makers themselves. In this sense it
stands in contrast to autocracy, dictatorship or oligarchy
where the rulers are held above the law.
What is a legal system?
- A legal system is the totality of laws that regulate a
state, a legally organised community.
Are there several legal system?
- The major legal systems are: common law legal system
developed in England and transferred to most of the
English-speaking countries and civil (code) law legal system
that originates in Roman law and the French Napoleonic
Code (created by French jurists under the direct leadership
of Napoleon) used in Continental Europe and in the areas of
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other continents conquered and ruled by Continental
nations.1
Are there other classifications of the two legal
systems?
- Yes, there is the civil law and criminal law.
What is the difference between the two?
- Within a legal system the term civil law is used to
distinguish private actions from public wrongs, which fall
under the heading of criminal law. When one person,
organization, corporation or branch of government sues
another to obtain a remedy for a supposed injury, the case is
a civil case, leading to a possible remedy in money damages
or an order to do or not to do a certain act. When the states
prosecutes an individual or corporation for breach of a rule
of conduct set up by the legislature, the case is a criminal
case, which may result in a fine or imprisonment.2
1 Frederick Jr. Kempin, Historical Introduction to Anglo-American Law in a Nutshell, West Publishing Co., 1990. p.14. available at: https://books.google.ro
2 idem
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I AM THE LAW AND I HAVE A LARGE
FAMILY
MEET ME AND SOME OF MY RELATIVES!
The word law has different meanings
in Romanian and there are a lot of phrases derived from it.
Here are some of them that you may find useful:
law – lege; justiţie; jurisprudenţă, drept; proces
by/under law – în conformitate cu legea/potrivit legii
law breaking – infracţiune
law case – proces civil
law charges/ expenses – cheltuieli de judecată
law court – instanţă de judecată, tribunal, judecătorie
law giver/ maker (s.) – legiuitor, legislator
to keep/obey/ observe the law – a respecta legea;
to abide by the law – a se conforma/a se supune legii
to break the law – a încălca legea
to go to law – a recurge la justiţie, a merge la judecată
to be against the law – a fi ilegal
to issue a law – a da o lege
lawful (adj.) – legal, legitim
lawful owner – proprietar legitim
lawful inheritor – moştenitor legal
lawfully (adv.) – în mod legal; to act lawfully – a
acţiona în mod legal.
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YOU WILL STUDY THESE IF YOU WANT TO PRACTICE ME!
Administrative Law, Business Law
Civil Law , Commercial Law,
Constitutional Law
Criminal Law, Environmental Law,
European institutional law,
Family law, Financial Law, Fiscal Law
Insurance Law,
Intellectual Property Law
International Commercial Law
International Public and Private Law
Labour Law,
Private International Law
Public Finance Law, Roman Law
The General theory of Law
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Practice makes perfect! Solve the exercises.
1. State if the following are true or false:
1. Law is a set of rules that regulate the relationship of
people in society to ensure legal, social and political order.
2. Those rules laid down inside institutions, professional
associations, schools and so on must be obeyed and they
even become law.
3. The law is a regulatory tool in society.
4. Every citizen is subject to the law.
5. The common law legal systems originates in French
Napoleonic Code.
6. There are thousands of thoughts about law and laws that
all kinds of individuals, from common people to
philosophers, expressed.
2. Read the following quotes and tell your point of view:
The precepts of the law may be comprehended under these
three points: to live honestly, to hurt no man wilfully, and to
render every man his due carefully. Aristotle
The law, in its majestic equality, forbids the rich as well as
the poor to sleep under bridges, to beg in the streets, and to steal
bread. Anatole France
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An unjust law is itself a species of violence. Mahatma
Gandhi
Let all the laws be clear, uniform and precise. To interpret
laws is almost always to corrupt them. Voltaire
Law cannot persuade where it cannot punish. Thomas
Fuller
To know the law is not merely to understand the words,
but as well their force and effect. Justinian
Every truth has two sides. It is well to look at both sides
before we commit ourselves to either side. Aesop
The more laws, the less justice. Cicero
The more laws, the more offenders. Thomas Fuller
The accomplice is as bad as the thief. Proverb
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BRITISH LEGAL SYSTEM
Read! Anytime. Anywhere. Anyhow. Reading is the key to learning.
The English legal system is known
as the common law English system. In England and other
common law nations there are only two basic areas of law
that can be identified: civil law (citizen take action against
another citizen) or criminal law (state take action against the
accused).
The United Kingdom of Great Britain and Northern
Ireland is a unitary state and consists of four countries
forming three distinct jurisdictions - England & Wales,
Scotland, and Northern Ireland - each with its own court
system with differences in law, organisation and practice.
Differences date back to 1707.
English law and Northern Ireland law are based on
common law principles. Scotland’s law system is based on
both common law and civil law principles.
Nevertheless, a large amount of modern legislation
applies throughout Britain. Every citizen has the right to
equal treatment before the law.
People accused of more serious crimes are tried in
open court by a judge and jury. Less serious cases are tried
by law magistrates.
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Fines, probation or imprisonment may be imposed on
a convicted person.
There is a mandatory sentence of life imprisonment for
murder throughout Britain. Life imprisonment is the
maximum sentence of a number of other serious offences,
such as robbery, rape and manslaughter.
The word bucket fills your brain!
Read and learn the meaning of some important words and phrases of
the legal vocabulary!
right I (s.) – drept, titlu, privilegiu; II. (adj.) drept;
corect, exact; îndreptăţit
absolute right – drept incontestabil; absolute
ownership right – drept de proprietate absolută
abuse/violation of human rights – încălcare a
drepturilor omului
birthright – dreptul primului născut; drept câştigat
prin naştere
civil rights – drepturi civile
claimable right – drept care poate fi revendicat
constitutional rights – drepturi constituţionale;
freedom of speech is a constitutional right – libertatea
de exprimare este un drept constituţional
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imprescriptible right – drept inalienabil
inherited right – drept moştenit
legitimate/illegitimate right – drept legitim/nelegitim
natural rights – drepturi natural
right to vote – drept de vot
right to privacy – dreptul la intimitate
right to social insurance – dreptul la asigurări sociale
right to strike – dreptul la grevă
to fight for one’s right – a se lupta pentru un drept
to have equal rights – a avea drepturi egale
to instate somebody into his rights – a repune pe
cineva în drepturile sale
to lose a right – a pierde un drept
to protect somebody’s rights – a apăra drepturile cuiva
to refuse the defendant the right to appeal – a
respinge acuzatului dreptul la apel
to violate the European Convention of Human Rights
– a încălca Convenţia Europeană a Drepturilor Omului
rightful – legitim, îndreptăţit; legal; just, corect; the
rightful owner – proprietarul de drept/legitim; to
claim to be the rightful heir – a pretinde că este
moştenitor de drept
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Practice makes perfect! Solve the exercises.
1. Read the following phrases related to the word law and
try to give the proper translation:
bylaw;
according to the law;
above the law;
to abide a law
a law abiding citizen;
to amend a law;
a law amending the constitution;
to be against the law;
to break the law;
to enforce the law;
to go to law;
to obey the law;
to pass a law;
to practice law;
2. Complete the following sentences with the corresponding
phrases above:
1. Nobody is .
2. It is to smoke in public places.
3. When someone about something,
they ask a court to make a legal judgment about it.
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4. Wrongdoers often knowingly.
5. Lawyers, barristers, judges .
6. The police .
7. Every person must .
8. The parliament did not .
9. , having alcohol in blood while driving
is a crime.
10. The municipal counsellors voted in favour of the
that require dog owners to clean up after their pets.
11. I have always been a .
3. Correct the mistakes in the following sentences and give
reasons why these are considered incorrect statements.
1. My father-in-law is judge at the Supreme Court.
2. My brother-in-law has 32 years old.
3. When are you going to stop to lie?
4. Her in-laws live abroad for years.
5. I will call you when the trial will begin.
6. Can you call back later? I make a report.
7. The vice president has left the country a week ago.
8. Read carefully before you to write the report and think
before you to speak.
9. A witness must not to forswear.
10. That man over there is the attorney. It is my partner.
15. We are agree with the sentence of life imprisonment.
16. The police need all informations about the case.
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4. There are several idioms that describe the crime of
stealing. Insert the ones below so as to complete the
sentences in the most appropriate way:
robbed, robbers, robbery, mugged, mugging, muggers, mugger, steal (2 times), Stealing, embezzled, embezzlement, break-in, larceny
1. The shot a policeman before making their
getaway.
2. They are in prison because they committed armed .
3. This jewellery has been several times.
4. He was in the street in broad daylight by
two .
5. Authorities declared that is on the increase.
6. A mugger is a person who attacks people in order to
their money.
7. can take many forms, including cheating
someone or even delaying paying someone what you owe
him or her.
8. The Eighth Commandment ―Thou shall not ‖
protects personal property and teaches us to respect the
property of others.
9. She was convicted because she thousands of
Euros from the firm.
10. is a fraud.
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11. Criminals usually by damaging a window or door,
especially in order to steal.
12. Committing to feed your family may seem
justified, but it is still wrong.
TIP! Besides the linguistic meaning of propoziţie, the idiom sentence takes a legal meaning - that of sentinţă as a noun, and a condamna, as a verb.
5. Read the phrases in the table below and match them with
their corresponding meaning.
to be sentenced in one’s
absence/in contumacy
sentinţe consecutive cu
închisoare (pe viaţă)
back-to-back (life)
sentences
a fi condamnat în contumacie
to commute a sentence unele delicte pot atrage
sentinţa de închisoare pe viaţă
some offences carry a
life imprisonment
sentence
a ispăşi sentinţe cumulate/
concomitente
to serve concurrent
sentences
judecătorul a dat sentinţe
concomitente care însumează
30 de ani
to be sentenced to death judecatorul l-a condamnat pe
criminal la moarte prin injecţie
letală
the judge imposed
concurrent sentences
totalling 30 years
a comuta o sentinţă/pedeapsă;
a schimba o pedeapsă într-una
mai puţin severă
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the judge sentenced the
convicted murderer to
be executed by means of
lethal injection
a fi condamnat la moarte
to serve a sentence of
imprisonment
a ispăşi o pedeapsă cu
închisoarea
indefeasible sentence/
irreversible sentence
sentinţă irevocabilă
to be sentenced for
malversation
a impune sentinţa obligatorie
de închisoare pe viaţă
to impose the
mandatory sentence of
life imprisonment
a pronunţa o sentinţă
to pass a sentence a fi condamnat pentru
delapidare/abuz
to receive a life
imprisonment sentence
a primi o sentinţă de închisoare
pe viaţă
reversible sentence sentinţă revocalibă
to sentence a
wrongdoer to
imprisonment
condamnare cu suspendare
mandatory sentence sentinţă obligatorie
suspended sentence a condamna un delincvent la
închisoare
6. Turn the sentences below into indirect ones and change
the future simple into future in the past and make changes if
necessary. tart each sentence with I knew…
Model: The officer will be sentences in contumacy.
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I knew the officer would be sentences in contumacy.
1. He will be sentences in contumacy because he fled the
country.
2. For his crimes he will receive two back-to-back life
sentences.
3. The judge will refuse to commute the sentence.
4. The offence he committed in that country will carry a life
imprisonment.
5. The judge will impose concurrent sentences that will total
tens of years of imprisonment.
6. For trafficking drugs in that country anyone will be
executed by hanging.
7. They will resort to a lawyer for legal advice.
8. He will be grateful if they want to accept his suggestions.
9. The business will pass along profits in the form of
dividends.
10. The owner of a business will account for his successors’
failure.
11. The owner will assume all the losses.
12. Next year they will incur greater expenses as they want
to extend their business.
13. Government will safeguard individual properties.
14. We shall undertake the legal proceedings to open a
restaurant.
15. Competition will keep economy from stagnation.
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CHAPTER 2. THE LAW
On the completion of this chapter your knowledge of
English will help you:
Make the distinction between the two categories of law - civil law, criminal law
Improve vocabulary related to offences,
offenders, court.
Understand the differences about British and
American English.
Express yourself better in the field of law!
The law is divided into criminal law
and civil law. The distinction between the
two branches of the law is reflected in the
procedures used, the courts in which cases
may be heard and the sanctions which may
be applied.
Civil law is a means to solve disputes between
individuals, companies and sometimes local or central
government, for example, disputes over the terms of an
agreement or contract, debts, disputes between neighbours,
a person’s wrongfully dismissal from his employment.
In common law countries such as England, Wales, and
the United States, the term refers to non-criminal law. Civil
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law covers many areas including contract disputes, divorce,
libel and other intentional torts, debt, banking, insurance,
trusts, etc. Family law cases involving divorce, parental
responsibility for children, spousal support, child support
and division of property between spouses represent matters
of the civil law cases that may go to court. It is a civil
offence to drive faster than the speed limit.
Violations of civil law are considered to be torts or
breaches of contract, rather than crimes. Courts and
tribunals can be used to resolve disputes.
A plaintiff brings a case against the defendant. As a
result of the case, the plaintiff hopes to be awarded
damages or obtain an injunction against the defendant to
prevent the defendant taking an action. Parties retain a
lawyer - or may choose to represent themselves - to gather
evidence and present the case in court.
Criminal law, the other broad category of law, deals
with acts of intentional harm to individuals. In the eye of
law it is a crime to break into a home because the act not
only violates the privacy and safety of the home's occupants
but it also affects the feeling that people are secure in their
own homes. A crime is a deliberate or reckless act that
causes harm to another person or another person's
property.
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A country’s Criminal Code lists all criminal offences
and stipulates punishment. Since crimes are offences
against society, normally the state or Crown investigates
and prosecutes criminal allegations on the victim's behalf.
The police gather evidence and, in court, public prosecutors
present the case against the person accused of the crime. For
someone to be convicted of a crime, it must be proven that a
crime was committed and, for most offences, that the
person meant to commit the crime. For instance, striking
another person is the crime of assault but it is only a crime if
the blow was intentional.
In civil law, it is the injured person who brings the
lawsuit. By contrast, in criminal law, it is the government
that files charges. A violation of criminal law is considered a
crime against the state and is a violation of public law rather
than private law.
A defendant is innocent until proved guilty 'beyond
all reasonable doubt.' If a defendant is found not guilty, he
or she is acquitted. The decision is called the verdict.
The legal system of England and Wales comprises
both a historic body of conventions known as common law
and equity and parliamentary and European Community
legislation; the last of these applies throughout Britain.
Common law is based on custom and judicial
precedent rather than statutes. Equity law consists of a
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body of historic rules and principles which are applied by
the courts.
The English legal system is therefore distinct from
many of those of Western Europe, which have codes
derived from Roman law.
adapted after http://www.britannia.com/gov/gov8.html
http://legaldictionary.net/civil-law/
The word bucket fills your brain!
Read and learn the meaning of some important words and phrases of
the legal vocabulary!
equity – lege nescrisă, drept natural; jurisprudenţă
bazată pe legea nescrisă
injunction – hotărâre judecătorească; interdicţie; to
ask for an injunction – a face întâmpinare, a ridica o
obiecţie, a se opune
libel – calomnie, defăimare în scris; a calomnia, a
defăima în scris; action for libel/libel suit – proces
de calomnie
libeller – calomniator
libellous – defăimător, calomniator; libellous article
– un articol calomniator; libellous accusations –
acuzaţii calomniatoare
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plaintiff – reclamant, parte civilă
tort – ofensă, prejudiciu; delict civil, delict penal
trust agreement – contract fiduciar
trust deed – procură
trust I. (s.) – tutelă (asupra unui bun); încredere; II.
(vb.) a avea încredere; a se bizui pe;
breach of trust – abuz de încredere
to trust in justice – a avea încredere în justiţie
to abuse/betray someone’s trust – a abuza de/a
trăda încrederea cuiva
trusted – de încredere, de nădejde
trustee – tutore, curator, administrator; membru al
consiliului de administraţie.
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Practice makes perfect! Read and practice!
1. Read, translate and remember the following legal vocabulary on offences:
Offenses Explanation Translation
Violation
an action that breaks or acts against something, a law, agreement, principle
Offence (GB) Offense (US)
a crime or illegal activity for which there is a punishment
Fraud
any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage
Blackmail to use threats to persuade a person or government to do what you want
Contraband to distribute or sell illicitly
Theft the act of taking something from someone unlawfully
Burglary
entering a building unlawfully with intent to commit a felony or to steal valuable property
Hold-up
a situation in which someone threatens people in a bank or store with a weapon in order to get money or goods
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Hostage-taking
the act of seizing or holding a person as security for the fulfilment of a condition
Murder the unlawful premeditated killing of one human being by another
Arson the criminal act of deliberately setting fire to property
Abduction the action of forcibly taking someone away against their will
Kidnapping an act of abducting someone and holding them captive
Drug trafficking
the sale and distribution of illegal drugs
Drug dealing the sale and distribution of illegal drugs
Rape is a type of sexual assault usually involving sexual intercourse
Shoplifting
a form of larceny that involves the stealing of money or other things from the person of a victim without them noticing the theft at the time.
Pickpocketing the crime of stealing things from a store
Larceny the crime of stealing personal property
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2. Read the vocabulary related to the field of offenders and their translations and try to define them in English:
Offenders Definition Translation
Fraudster infractor,
şarlatan, escroc
Con artist şarlatan, escroc
Blackmailer șantagist
Thief hoţ
Burglar spărgător
Smuggler contrabandist
Attacker aggressor
Mugger hoţ, pungaş
(drug)
trafficker/
dealer
traficant de
droguri
Killer ucigaş
Murderer criminal
Assassin asasin
Arsonist piroman
Rapist violator
Pickpocket hoţ de
buzunare
Shoplifter hoţ de
magagine
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3. Complete the following sentences with the words in italic:
burglarized, arrested, police, policeman, inspectors, offence,
fine, investigation, burglars, witness, evidence, prosecution,
imprisonment, plead, verdict, lawyer
1. The young man was stopped yesterday, luckily enough
not , by a .
2. It was his first so he got a .
3. The old lady's house was .
4. She called the and now two are on their
way.
5. The first man said ‖The will be easy:
your neighbour was at home and he saw your .‖
6. He is a trustworthy .
7. Today is the last day of this , which has been
covered by the media.
8. Yesterday, faced with , the claimed three
years .
9, However, everybody knows that the for the
defence will a ―Not Guilty .‖
after http://www.tolearnenglish.com/exercises/exercise-english-2
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There are several verbs and phrases in
English that express the act of deciding that
someone should be put on trial for a crime:
to accuse of
The lawyer was accused of breach of confidentiality.
to arraign/to be arraigned on charges of …
He was arraigned on charges of aiding and abetting terrorists.
He was arraigned on a robbery charge.
to bring to trial/to put to trial for
At last, the criminals were brought to trial.
to charge with
The police have charged him with murder.
He was charged with theft.
to indict for
The police indicted a number of people for making and selling
counterfeit currency.
to prosecute for
He was prosecuted for fraud and perjury.
to take to court
The landlady threatened to take the tenant to court for not paying
the rent on time.
4. Using the words about offences and offenders in the
tables above and make sentences of your own with the
verbs studied as synonyms.
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5. Combine the following sentences according to the
models:
a) Model: I went out. I heard the scream.
I went out when I heard the scream.
1. The old woman was shopping. She was mugged by
two youngsters.
2. The woman hit the mugger with her umbrella. She
felt him behind her.
3. The man was walking in the street. He felt a pain in
the back.
4. He was walking in the street. He was stabbed.
5. He was crying loudly. A group of passersby
appeared.
6. He was lying on a bench. The couple saw them.
7. I was looking the other way. Someone hit my
shoulder.
8. Porters were carrying luggage. The customs officers
checked the passports.
9. The travellers were passing through the customs. The
aeroplane exploded.
10. They were waiting in the waiting room. They
announced the news.
b) Model: The policeman heard the girl. She was crying.
The policeman heard the girl crying.
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1. The man saw the mistress of the house. She was
standing on the terrace.
2. He heard her. She was talking feebly.
3. He smelt something. The house was burning.
4. We heard the woman. She was shouting.
5. We noticed the burglar. He was stealing her purse.
6. I saw a couple. They were breaking in.
7. My husband saw another pair. They were waiting in
a car in front of the house.
8. They noticed the thief. He was climbing the ladder.
c) Model: The shoplifter left. He did not look back.
The shoplifter left without looking back.
1. He entered the shop. He did not see the camera.
2. He bumped into the woman. He did not apologise.
3. The man sat down. He did not ask for permission.
4. The criminals drove several hours. They did not stop.
5. The lawyer spoke for ten minutes. He did not pause.
6. He crossed the road. He did not watch the traffic
light.
7. The man sat on the kerb. He did not say a word.
8. He listened to the prosecutor. He did not deny the
facts.
9. He entered the court. He did not put out his
cigarette.
10. They prosecuted him. They did not hear all the
witnesses.
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BRITISH VERSUS AMERICANS
Learning is the treasure that will follow its
owner anywhere. On July Fourth 1776 the United States declared its
territorial, political and administrative independence from
the British Empire reflected in the field of culture too.
Noah Webster - a prolific author and English language
spelling reformer - advocated America’s linguistic
independence, which later resulted in differences between
the two aspects of the same language - English. This came
to be known as British English and American English.
There is a story that the desire for independence from
whatever was English went so far as to propose that
Hebrew and Greek be adopted as official language of the
newly independent America. ―The passion of complete
political independence bred a general hostility... culminated
in the revolutionary attitude of Noah Webster...eager to set
up American as a distinct and independent dialect‖.3
Webster’s approach was followed by other scholars,
Benjamin Franklin being the first who proposed major
changes in language so that the separation from the British
be complete in both language and government.
3 H. L. Mencken, The American Language: A Preliminary Inquiry Into the Development of English in the United States, New York, Cosimo Inc. 2009, pag. 45
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Differences became so numerous that Oscar Wilde
said: The British and the Americans have everything in common,
but English and George Bernard Shaw joked that: Britain and
America are two countries separated by the same language.
The present British English spellings rules are, for the
most part, those standardized in Samuel Johnson’s work A
Dictionary of the English Language (1755), whereas American
English spell according to the norms settled by Noah
Webster. Webster endeavoured to establish an American
version of the English language. For example he asserted
that every part of a word should be uttered (hence that is
why Americans pronounce sec-re-ta-ry instead of sec-re-t‟ry
as the British do) which made American English easier to
learn.
For your future position it is important to be
acquainted with these issues as, one can never know, when
you may need to use them in your professional writing.
Punctuation
Full stops in abbreviations. American English tends to use
a full stop with abbreviations: Mr., Mrs., St., Dr. Ph. D, while
the British do not: Mr, Mrs, St, Dr, PhD.
Quotation
British English uses single quotation marks, while in
American English quotes are placed between double
quotation marks (").
36
Vocabulary
Vocabulary differences between American and
British English can cause problems to non-native speakers
and sometimes make Americans and British not to
understand each other. So, a jumper in Britain is a sweater, in
the States, it is a kind of a dress, French fries in America are
called chips in Britain and we can continue:
British English American English
autumn fall
flat apartment
bill check
cupboard closet
car park parking lot
holiday vacation
underground subway
luggage baggage
film movie
lift elevator
postman mailman
queue - rând, coadă line- rând, coadă
petrol gas
lorry truck
railway railroad
37
primary school elementary school
secondary school high school
Spelling
In the 1800's, the US Congress called for changes to
make spelling phonetic so words be spelled how they
sound:
AE - airplane, check, tire, pajamas versus BE - aeroplane,
cheque, tyre, pyjamas.
Here are other differences:
British English American English
The change of terminal -re into -er:
- re
centre
metre
theatre
- er
center
meter
theatre
The omission of the penultimate u in words ending in -our:
- our
behaviour
colour
labour
neighbour
- or
behavior
color
labor
neighbour
The omission of unaccented foreign terminations:
38
- ogue
catalogue
programme
- og
catalog
program
The change of s to z in words ending in -ise
- ise
realise
organise
- ize
realize,
organize
The reduction of duplicate consonants to single consonants:
final -l doubled after short
vowel
counselor
jewellery
travelled
- l not always doubled after
a short vowel
counselor
jewelery
travelled
The change of -ence ending into -ense
- ence ending
defence
offence
licence
pretence
- ense
defense
offense
license
pretense
39
NOTE: There are exceptions to some rules, ―all these
exceptions add to the difficulty of learning English as a
second language‖.4
So, several words spelt with -re in Modern French are
spelt with -er in both American and British usage: chapter,
enter, filter, letter, member, minister, monster, number, perimeter,
September, October, November, December.
Some words end in –ise in both British and American
English: surprise, advise, comprise, compromise, exercise,
supervise, advertise.
Grammar
There are differences between British and American
English grammar, too. One of these is the agreement of
collective nouns (team, government, committee) and verb.
Our team is playing tonight. (AE)
Our team are playing tonight. (BE)
Simple past
American English also allows the use of simple past
with adverbs just, already, yet, ever, before, which in British
English require a present perfect tense.
He just came home. or He has just come home. (AE)
He has just come home. (BE)
4 Jia, Peter Y. 2006. Simple Approaches to Writing Short Essays: (for Students of English as a second language), New York, p. 54
40
Will/Shall
American English uses will for all persons to form the
Future tense.
Have
Unlike the British, Americans usually use do with have
for questions and negatives.
Have you an appointment? (BE)
Do you have an appointment? (AE)
Subjunctive
British prefer should + infinitive in that-clauses.
It is important that law be observed. (AE)
It is important that law should be observed. (BE).
Use of verbs have and take
In British English, the verb to have is used in contexts
where it has very little meaning in itself.
To have is frequently used with nouns referring to
common activities such as washing or resting:
to have a bath/shower, to have a nap, to have a vacation, to
have a rest.
In American English, the verb to take, rather than to
have, is used in these contexts:
to take a bath/shower, to take a nap, to take a vacation, to
take a rest.
41
Use of prepositions
In British English, at is used with many time
expressions:
at Christmas/five 'o' clock, at the week-end.
In American English, on is always used when talking
about the weekend, not at.
In British English, at is often used when talking about
universities or other institutions, in American English, in is
often used:
She studied law at university. (BE)
She studied German in university. (AE)
In British English the particle to is always used after
the verb to write, in American English it can be omitted:
I promised to write to her every day. (BE)
I promised to write her every day. (AE)
Past tense forms Some verbs have different simple past and past
participle forms in American and British English.
Infinitive Simple past (BE)
Simple past (AE)
Past participle (BE)
Past participle (AE)
burn burned/ burnt
burned/ burnt
burned/ burnt
burned/ burnt
dream dreamed/ dreame dreamed/ dreamed/
42
Infinitive Simple past (BE)
Simple past (AE)
Past participle (BE)
Past participle (AE)
dreamt d/ dreamt
dreamt dreamt
spoil spoiled/ spoilt
spoiled/ spoilt
spoiled/ spoilt
spoiled/ spoilt
Numerals
Zero is much more common in American English
than in British English, where nought - which by the way
the Americans spell naught because they decided to change
o into a - is more common.
Date
An important element in any professional relations, so
that the recipient should be able to send a timely reply or
comply, date is differently expressed by Brits and
Americans:
The use of figures for date should be avoided as they
may be understood differently in U.S.A. (the month is placed
before the day: month - day - year) and England (the day is
placed before the month: day - month - year).
43
How often have you been puzzled when you noticed
that words such as lawyer, attorney, advocate, counsel, solicitor,
barrister were all translated in Romanian by the same avocat?
Let’s briefly - later in the course we’ll discuss about
them at large - review the responsibilities each of the
following professionals has:
Lawyer is a general term for a person who studied law
and gives legal device and aid and who conducts suits in
court.
An attorney or, more correctly, an attorney-at-law, is a
member of the legal profession who represents a client in
court when pleading or defending a case.
In the US, attorney applies to any lawyer.
In the UK, those who practice law are divided into
barristers, who represent clients in open court and may
appear at the bar, and solicitors, who are permitted to
conduct litigation in court but not to plead cases in open
court.
The barrister does not deal directly with clients but
does so through a solicitor.
Counsel usually refers to a body of legal advisers but
also pertains to a single legal adviser and is a synonym for
advocate, barrister, counselor, and counselor-at-law.
44
The word bucket fills your brain!
Read and learn the meaning of an important word of the legal
vocabulary!
Now about the word versus - of Latin origin meaning
against - so much used in law especially to indicate the
opposite positions taken by the parties in a lawsuit.5
In the title of a lawsuit, the plaintiff's name appears first,
the word versus follows and then the defendant's name
appears.
In legal documents versus is usually abbreviated "v., vs".
When the government charges someone with a crime it
will be referred to as: State or People v. Mark Brown.
If an individual sues an institution it will be: Brown v. X
Corporation.
In every day usage it may also mean în comparaţie cu,
comparativ cu, as had the example in the title of this unit.
Little, few, versus a little, a few
Meaning is important and sometimes, in English a letter
makes the difference!
Little and few have negative meanings.
We use them to mean not as much as may be expected or
wished for.
5 (http://legal-dictionary.thefreedictionary.com)
45
A little and a few are quantifiers meaning some.
See the differences in context:
She was so tired that all she wanted
was a few moments on her own. some, a small number
She could have few moments on her
own. not many/almost none
The widow saves a little money every
month. some, a small amount
The family had little money to spend. not much/almost
nothing
A: Have you got any money?
B: Yes, a little. some, a small amount
A: Have you got any money?
B: No, very little.
not much/almost
nothing adapted after: http://dictionary.cambridge.org
Remember that: Little means not much but quite a little means a rather
large amount. Few means not many but quite a few means a rather large
number.
Practice makes perfect! Read and practice! 1. In the following sentences, substitute little, quite a little,
few, quite a few for the underlined words:
1. A rather large number of law Romanian students have
trouble with legal English.
46
2. It requires a rather large amount of reading and practice.
3. Not many lawyers spend as much time with their clients.
4. The defendant hasn't much hope to win the trial.
5. My lawyer spent a rather large amount of time on this
case.
6. I don't know many people in this town.
7. The elderly don't spend much money on clothes.
8. The student spends a rather large amount of money on
books.
9. He doesn't have many law books and dictionaries.
10. He doesn't understand much of the law.
adapted after: https://owl.english.purdue.edu/exercises
Laws and rules must be obeyed no matter who you are or where you are!
2. Read the sentences below and complete the spaces with
appropriate words:
The newly elected mayor of the city
and his team of co-workers made a flying
visit a few days ago round several
districts both in the centre and on the
outskirts of the city. She wanted to see
the real state of the city but unfortunately there were plenty of
drawbacks. Listen to some of the findings of the visit:
47
1. There weren’t enough litterbins so people throw the
rubbish on the ground. There should be more litterbins
and No Litter warning plates.
The town would be cleaner if there were .
2. There were too many vehicles parked on the pavements
and pedestrians had to walk on the road. The
pedestrians wouldn’t walk on the road if there were less
cars parked on the pavement especially in rush hours.
There should be and drivers should obey
the No Parking signs.
3. There was not enough public transport in some areas.
The trams and buses were crowded and nearly always
late. There should be , and drivers should be
more disciplined. Public transport wouldn’t be so
crowded if the drivers were .
4. There’s too much traffic; people drive too fast and
carelessly without watching the crossing zebras. There
should be more policemen in charge of traffic to watch
the pedestrians crossing so that people could
safely.
5. There wasn’t enough street lightening and some electric
bulbs were broken or out of order so it’s really
dangerous to go out or walk at night.
There should be more streetlights and the broken bulbs
should be whenever necessary. Walking in
48
the streets wouldn’t be dangerous if the street lightening
weren’t out of order.
6. There are too few playgrounds for the children to play
and they almost always have to play in the street. The
children would be happier to have more playgrounds
and they wouldn’t play in the street if they had special
places to play. There should be .
7. There are too many straying dogs all over the town and
they often bite the passersby. The passers- by would be
safe in the streets if there weren’t so many stray dogs.
There should be taken certain measures to them
in special places.
8. There is too much dust that rises in the air when the
wind blows so everything looks dusty. Everything
would look better if there were less dust.
There should be planted .
3. Paying attention to the underlined adverbs indicating
time, complete each of the following sentences with the
correct form of the verb shown in brackets.
Model:
We wished they _________ us earlier. (to call)
We wished they had called us earlier.
She wishes she ____ in Rome now.
She wishes she were in Rome now.
I wish you _______with us tomorrow. (to come)
49
I wish you would come with us tomorrow.
1. I wish you ___________ my witness now. (to be)
2. I wish you _________in court yesterday. (to be)
3. He wishes the jury _________ tomorrow. (to declare him
not guilty)
4. You wish you ______________ earlier. (to leave)
5. They wished he _______with them the next day. (to come)
6. We wish you ________________ yesterday. (to )
7. I wish that she __________ abroad next year. (to study)
8. She wishes that she _______at home now. (to be)
9. You wish that he _____you last week. (to help)
10. He wishes he _______innocent. (to be)
11. The lawyer wished that he the case the next day.
(to win)
12. She wishes she the arrangements earlier. (to make)
13. I wish the weather ____________ warmer now. (to be)
14. We always wished we fluent in English. (to be)
15. They wish he _________them next week. (to telephone)
50
CHAPTER 3.
THE JUDICIARY
On the completion of this chapter your knowledge of
English will help you:
Understand the English court procedure
Understand the legal system in Scotland and North Ireland
Use vocabulary related to criminal and civil courts
Express yourself better in the field of law!
Read! Anytime. Anywhere. Anyhow. Reading is the key to learning.
The Lord Chancellor, whose
responsibilities include court procedure
and the administration of the higher courts
and many tribunals, traditionally served as
head of the judiciary and speaker of
the House of Lords.
In 2006, however, the post’s role was redefined
following the implementation of several constitutional
reforms. Most of the lord chancellor’s judicial functions
were transferred to the lord chief justice, and the Lords
51
speaker became an elected office. The changes allowed the
lord chancellor to concentrate on constitutional affairs.6
He appoints magistrates and recommends all judicial
appointments to the Crown. Judges are normally appointed
from practicing lawyers. They are not subject to ministerial
direction or control.
As to ‖the normal dress of the Lord Chancellor when
sitting as Speaker‖ it remained until 1998 when it was
updated: „a black cloth court suit, breeches, cotton and silk
stockings, silver buckled shoes, a black silk gown with train
and a full-bottomed late seventeenth-century wig‖.
THE COURTS
Criminal Courts.
The Magistrates Court - the lowest criminal court in
England and Wales, deals with less serious offences. Almost
all cases are tried by unpaid lay magistrates, Justices of the
Peace (JPs). In the legal system of England and Wales, there
is a custom to involve lay people, namely people from the
local community who hold no legal qualifications, in the
judicial decision-making process of the courts. They are
appointed by the Lord Chancellor on the recommendation
of local committees and have limited power.
6 http://www.britannica.com/topic/lord-chancellor
52
Potential JPs are nominated on the basis of their
judgment and character and come from a wide variety of
backgrounds. JPs are not professionally qualified, nor are
they paid, but they are assisted by professional clerks, who
are fully qualified lawyers. Some cases in the Magistrates
Courts are tried by professionally qualified full-time
stipendiary magistrates. More serious offences are tried by
the Crown Court, presided over by a judge who directs a
jury of citizens randomly picked from the local electoral
register.
Appeals from the magistrates' courts go before the
Crown Court or the High Court. Appeals from the Crown
Court are made to the Court of Appeal. The House of Lords
is the final appeal court in all cases.
Civil Courts
Civil justice in England and Wales is administered
mainly by the County courts - a court based in or with a
jurisdiction covering one or more counties, which are
administrative divisions within a country - and the High
Court, the latter dealing with the more complex cases.
The County Courts of England and Wales, deal with
cases of lesser value, importance and complexity. County
courts also handle family proceedings, such as divorce,
domestic violence and matters affecting children.
53
Most civil disputes do not go to court at all, and most
of those which do, do not reach a trial; they are dealt with
through statutory or voluntary complaints mechanisms, or
through mediation, negotiation, arbitration.
A large number of tribunals exist to determine
disputes. Most deal with cases that involve the rights of
private citizens against decisions of the State in areas such
as social security, income tax, mental health and
employment. Successful actions taken in the civil courts can
result in damages being awarded to the person pursuing
the claim.
The Home Secretary
The Secretary of State for the Home Department,
known as The Home Secretary is the chief United Kingdom
government minister responsible for the criminal justice
system and order in England and Wales. He as well advises
the Queen on the exercise of the royal prerogative of mercy
to pardon a person convicted of a crime or to remit all or
part of a penalty imposed by a court.
after http://www.britannia.com/gov/gov8.html
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
54
indispensable to legal profession!
court – judecătorie, tribunal, instanţă judecătorească;
judecător, judecători
Court of Appeal – Curtea de Apel
Court of Accounts – Curtea de Conturi
Supreme Court – Curtea Supremă
International Court of Justice – Curtea
Internaţională de Justiţie
European Court of Justice – Curtea Europeană de
Justiţie
appellate court – curte de apel
arbitration court – curte de arbitraj
inferior court – instanţă inferioară
higher/superior court – instanţă superioară
to settle out of court – a se înţelege pe cale amiabilă
court day – zi de judecată
court martial (– curtea marţială, tribunal militar
to be court-martialed – a fi judecat de curtea
marţială
court room – sală a tribunalului
adjourn – (despre o şedinţă) a amâna; a suspenda; a se
retrage (pentru deliberare, discuţii etc.); the court
adjourns - instanţa se retrage
appeal I. (s.) – apel, recurs, drept de apel; II. (vb.) a face
apel
55
crime – delict, infracţiune, crimă
capital crime – infracţiune care se pedepseşte cu
moartea
crime prevention – prevenirea crimei
crime rate – rata criminalităţii
criminal case – proces penal
criminal code – cod penal
criminal I. (adj.) – criminal, vinovat; penal; II. (s.)
criminal, făptaş vinovat, inculpat
criminal law – drept penal
criminal liability – răspundere penală
criminal offecnce/act – delict penal
criminal proceedings – proceduri penale
criminal prosecution – urmărire penală
criminal record – cazier
hardened criminal – recidivist
juvenile crime – crimă comisă de un minor
notorious/ known criminal – criminal notoriu
organized crime – crimă organizată
the scene of a crime – locul crimei
war crime – crimă de război
war criminal – criminal de război
to commit/perpetrate a crime – a comite o crimă
to solve a crime case – a rezolva un caz de crimă.
56
Practice makes perfect! Solve the exercises. 1. Translate into English: 1. Curtea marţială este o instanţă formată din judecători din
cadrul armatei.
2. Ofiţerul a fost judecat de curtea marţială pentru că a părăsit
postul fără a avea permisiunea.
3. Partea civilă a fost de acord să rezolve chestiunea pe cale
amiabilă.
4. Au depus plângere împotriva noastră şi la plecare au spus:
―Ne vedem la tribunal“.
5. Instanţa a considerat-o vinovată/ nevinovată
6. Procesul s-a amânat până luna viitoare.
7. Instanţa s-a retras pentru deliberări.
8. Instanţa a dat o amânare de două săptămâni în procesul pe
care statul îl are cu (use versus) partea civilă.
9. Inculpatul a făcut recurs la o instanţă superioară.
10. A câştigat recursul şi pedeapsa i-a fost înjumătăţită.
11. A făcut recurs cerând comutarea sentinţei în amendă.
12. Cazul a fost înaintat (use go) Curtii de Apel.
13. Procesul urmează (use to be due) să se judece luna viitoare
14. Prietenul nostru a fost numit Preşedinte al Curţii de Apel.
15. Este interzis să se vorbească tare într-o sală de judecată.
16. Martorul a fost acuzat de ofensă la adresa curţii pentru
57
tăinuirea faptelor.
17. Noi am solicitat custodie comună dat instanţa a încredinţat
mamei custodia copilului.
18. Tribunalul a decis ca victimelor să li se acorde despăgubiri.
19. Probele prezentate la proces au fost pură născocire (use
fabrication).
20. Acuzatul a recunoscut că a comis mai multe infracțiuni,
inclusiv cea de fraudă.
21. Inculpatul, un criminal notoriu, este acuzat pentru o serie
de crime, de la furt la crimă.
22. Poliţiştii au găsit un cuțit la locul crimei şi au putur
rezolva cazul foarte uşor după analiza amprentelor.
23. Bombardarea civililor este o crimă împotriva umanității.
24. Trebuie să fie luate măsuri pentru a reduce rata
infracționalității.
25. Instanţa trebuie să decidă dacă o persoană este vinovată
sau nevinovată de o crimă.
26. In Marea Britanie, jumatate din crimele violente sunt
comise de către persoane care au consumat alcool.
27. Nici o crimă nu este mai şocantă decât uciderea sau
abuzul copiilor.
28. Doi criminali de război au fost recent arestaţi
29. În unele țări, importul de droguri este o infracțiune care
se pedepseşte cu moartea.
58
SCOTLAND
For historic reasons, the legal
system in Scotland differs from that
of the rest of the United Kingdom.
The Scottish legal system is based on Roman law
because of the ancient connection with France. After the Act
of Union in 1707, the Scottish legal system remained
unchanged; however, the law laid down by Parliament is
almost always followed in Scotland. The major area of
difference is in landholding.
The system for the rest of the UK is based upon
Norman practice, that is Case Law.
The principles and procedures of the Scottish legal
system (particularly in civil law) differ in many respects
from those of England and Wales.
Criminal cases are tried in district courts, Sheriff
Courts and the High Court of Justiciary, the supreme
criminal court which sits in both Edinburgh and Glasgow,
and hears cases, taken on indictment, presided over by a
judge, sitting with a jury of fifteen members of the public. It
has exclusive jurisdiction over cases such as murder and
rape.
The main civil courts are the Sheriff courts and the
Court of Session. The Court of Session is the supreme civil
59
court which sits in Edinburgh, although there may be
appeal to the House of Lords in England. Cases brought
directly to it are both heard and decided upon by single
judges.
NORTHERN IRELAND
The legal system of Northern Ireland is, in many
respects, similar to that of England and Wales. It has its own
court system: the superior courts are the Court of Appeal,
the High Court and the Crown Court, which together
comprise the Supreme Court of Judicature.
A number of arrangements differ from those in
England and Wales. A major example is that, those accused
of terrorist-type offences, are tried in nonjury courts to
avoid any intimidation of jurors.
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
case – proces, caz, speţă, precedent
case law – precedent juridic; jurisprudenţă
case history – antecedente
60
the case for the defence/prosecution – pledoaria
apărării/acuzării
to state one’s case – a-şi expune argumentele
to rest one's case - a-şi încheia pledoaria
to win/lose a case – a câştiga/pierde un process
liability – obligaţie, îndatorire, răspundere,
responsabilitate, (ec.) pasiv, datorii, garanţie
liable for – răspunzător pentru/de
to be liable for one’s facts – a fi răspunzător pentru
faptele proprii
liable to – pasibil de, predispus la, expus la
to be liable to be fined – a fi pasibil de amendă
to stand trial – a apărea în faţa instanţei; the two are
due to stand trial for murder - cei doi urmează să
apară în faţa instanţei pentru crimă.
61
THE SCOTLAND FLAG
Learning is the treasure that will follow its owner anywhere.
The Scottish flag - a white cross on a blue background
- is regarded as one of the oldest country flags still in
existence. The white cross is called a Saltire but that name is
applied to the whole flag of Scotland.
According to popular belief, when St Andrew, one of
the Apostles, was crucified by the Romans, he is said to
have asked to be placed on a cross which a different shape
from that of Jesus.
His remains were said to have been brought to
Scotland, so the white cross became the Scottish national
flag and St Andrew the country’s guardian patron.
In the days when flags and banners were important to
identify opposing elements in battle, King William I "the
Lion", adopted a heraldic sign representing a rampant lion,
the king of beasts, with three paws stretched out. This
became the royal coat of arms in Scotland. The lion was also
incorporated into the Great Seal of Scotland which was
placed on all official documents.
When the royal coat of arms was designed, the lion
rampant was incorporated, with the motto "No one attacks
me with impunity".
62
The national flag of the United Kingdom of Great
Britain and Northern Ireland is commonly known as
the Union Jack or Union Flag.
The current design of the flag dates since 1801 when
Ireland and Great Britain united. It consists of the red cross
of Saint George (patron saint of England), edged in white,
superimposed on the Cross of Saint Patrick (patron saint
of Ireland), which are superimposed on the Saltire of Saint
Andrew (Scotland’s patron saint). Wales, however, is not
represented in the Union Flag by Wales's patron saint, Saint
David, as at the time the flag was designed Wales was part
of the Kingdom of England.
Why thistle as national emblem? England
has the rose, Wales the daffodil, Ireland the shamrock and
Scotland…the thistle.
There is a legend that tells of how a band of Vikings
(presumed to be the men of Norway’s King) tried, long time
ago, to attack a party of Scottish warriors under cover of
darkness.
To avoid noise the king ordered his band of Vikings to
remove their footwear. Unfortunately, one of the attackers
stood on the thistle and shrieked out in pain.
The Scottish were alerted of the attack and the Vikings
were defeated by the Scots.
63
As a sign of gratitude, the stinging plant became
known as the Guardian Thistle and was then adopted as the
national symbol of Scotland.
http://www.rampantscotland.com/know/blknow_flags.htm
There are several words in English to define
a wrongdoer, a person who commits a crime and they all are
used to translate the Romanian: vinovat, criminal,
infractor, delincvent, răufăcător, făptaş.
criminal
Police officers must tell the criminals that they have the right to
remain silent.
felon
The felon pleaded guilty to six felonies.
offender
He is a first-time offender but as he concealed the facts he is as
guilty as hardened delinquent.
murderer
The judge sentenced the convicted murderer to be executed by means
of lethal injection.
perpetrator
The perpetrators of the massacre must be brought to justice as war
criminals.
64
slayer
They found the slayer all covered in the victim‟s blood.
transgressor
Law must be impartial, and enforced on every transgressor.
delinquent
He was underage therefore he was placed in a school for
delinquent boys.
culprit
The eye witnesses helped the police to find the culprits.
TIP! An agent noun refers to a person who performs an
action. Usually an agent noun is formed by adding the
suffixes -er or -or to the verbs that shows action the
person is performing:
write - writer - someone who writes;
edit - editor - someone who edits.
TIP!
A recipient noun refers to a person who receives a
thing or action or for whom something is done. Usually
an agent noun is formed by adding the suffix -ee.
train - trainee - someone who is trained;
tutor - tutee - someone who is tutored.
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Practice makes perfect! Solve the exercises.
1. Complete the free spaces with those agent nouns or
recipient nouns derived from the verbs in italic:
1. The one who commits a crime is a .
2. The person who murders someone is called a .
3. To perpetrate something is to commit it and that who does
so is a .
4. To slay is synonymous with to murder, kill or slaughter
and the person who does such a terrible thing is .
5. A is one who commits a felony.
6. The is usually transgress a law, a moral
principle or other established standard of behaviour.
7. To commit an illegal act is to offend and the is
liable to punishment.
8. Those who prosecute criminal are .
9. The one who indicts a wrongdoer is an and the one
indicted is the .
10. The person who is in debt is a and the person to
whom a debt is due is .
11. The employs people and the are
employed for their skills.
12. I paid my duties, I was the and the one to
whom I gave the money was the .
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13. He was nominated for the lawyer of the year title
alongside ten other so the had a
difficult decision to make.
14. A is a person who holds the lease of a
property and that one who leases or lets a property to
another is the .
15. The land will be held in trust by the Church, case in
which the Church is the .
16. He was acquitted on the shoplifting charge, he is the .
17. If you address a letter to someone, you are the
while the one who receives the complaint is the .
18. Those who are absent are the .
19. When people adopt children they raise .
20. The government were appointed by the prime
minister.
21. A is an inmate paroled after he has completed part
of his or her sentence in prison.
http://www.oxforddictionaries.com/us/definition/american_english/appellee
2. Rewrite the following sentences using infinitives:
Model: I have nothing I can put on. I have nothing to put on.
1. Has the prosecutor anything he wants to say?
2. Has the defendant anything he wants to add?
3. He is sorry he is a wrongdoer.
4. He is ashamed he mugged people.
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5. The police have no evidence they can offer.
6. The secretary has a lot of documents she must type.
7. The barrister has a lot of work he must do.
8. Can’t you find something better you could say?
9. The solicitor has tens of clients he must see.
10. He has a lot of clients he must assist.
11. He buys a dictionary so he can learn the language better.
12. We haven’t much money we can spend.
13. We must wait till we hear the examination results before
we make holidays plans.
14. She is happy that she finds such a pleasant place to live
in.
15. The woman is happy that she has good, obedient
children.
16. The public are horrified that they have to see the
murderer again.
3. Insert the words below in the following sentences so as
they make sense:
will stand trial, work, is disputing, accused, caught and arrested, charged, indicted, alleged, are suing, punishment, a fine, a juvenile court, act, the perpetrator, dispute, back-to-back no-parole life sentences
1. The police the perpetrator this afternoon.
2. The murderer tomorrow.
3. Judges often on several cases at the same time.
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4. The prosecutor the defendant of mugging the
victim’s money.
5. The prosecutor the criminal with murder
yesterday.
6. The culprit the charges and says that he is
innocent.
7. The suspect was officially after he was arrested
last week.
8. The police that the suspect shot the criminal with a
stolen gun.
9. With civil law, the defendant might have to pay ,
but with criminal law, he may face much more serious ,
such as imprisonment.
10. Many people their neighbours because their
dogs bit them.
11. Parents are seeking when their children were
abused.
12. As he is under age, the boy will stand trial in .
13. As there is very little evidence and no eye witnesses, it
goes without saying that this is a very difficult __________
to prove.
14. The accused decided not to __________ the charges
because there was too much evidence.
15. He admitted he was , and the prosecutors agreed to
a milder sentence.
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16. The judge gave a for a man
convicted of shooting two people to death.
adapted after http://stickyball.net/esl-vocab.html?id=478
4. Complete the sentences below with the words in the box:
legal, lawsuit, available, factor, economy, research, similar, analysis, period, indicates
1. I am doing an _______________ of the way children learn
in school to be law abiding citizens.
2. The truck driver was arrested for drunk driving because
he had drunk more than the _______________ limit of
alcohol.
3. The cultures of the western European countries are quite
_______________.
4. This country’s _______________ largely relies on natural
resources.
5. Environmental pollution seems to be an important
_______________ in the increase in cancers all over the
world.
6. The flat will be _______________ by Easter.
7. The law firm became famous after winning a
_______________ for a large company.
8. Your continued lateness for work _______________ to the
employer that you are not really a very serious employee.
9. Providing expert advice for people with legal problems
during that _______________ was important for my
working experience.
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10. Some _______________ into second language learning
suggests that oral fluency increases when the speaker lives
in a proper linguistic environment.
5. Translate into English:
1. Corectă sau greşită, decizia fusese deja luată şi verdictul
dat.
2. Femeia avea dreptul incontestabil de a locui în acea casă
după divorţ.
3. Dacă acest drept nu i-ar fi fost recunoscut ar fi fost un
abuz din partea autorităţilor.
4. Era pe deasupra, dreptului primului născut ceea ce este
unul dintre principiile din dreptul civil care pot fi
revendicate în faţa oricărei instanţe. Era moştenitorul
legitim.
5. Toate drepturile constituționale sunt prevăzute în
constituția națională, care este legea supremă a țării, ceea ce
înseamnă că orice alte legi care sunt în contradicție cu ea
sunt considerate neconstituționale și, prin urmare, nule.
6. Definiția termenului imprescriptibil este cea de ceva ce nu
poate fi luat.
7. Un exemplu de ceva imprescriptibil este un drept pe care
legea îl protejează întotdeauna.
8. Moștenirea este practica de a trece în proprietate titluri,
datorii, drepturi și obligații la moartea unui individ.
9. Faptul că eu pretind acest bun este un drept al meu
moştenit.
10. De-a lungul timpului oamenii au trebuit să lupte pentru a-
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şi câştiga drepturile: dreptul de a vota, dreptul la intimidate,
dreptul la grevă, dreptul de a se exprima liber.
11. Indivizii se nasc egali, au obligaţii, au drepturi egale în faţa
legii, dar, prin faptele lor, îşi pierd unele drepturi.
11. Poliţia nu a mai prins niciodată vinovaţii.
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CHAPTER 4.
LEGAL SERVICES
On the completion of this chapter your knowledge of
English will help you:
Understand the responsibilities of legal professionals
Understand the differences between legal professionals
Use vocabulary related to legal services
Express yourself better in the field of law!
Legal aid implies the provision of
assistance to people unable to afford legal
representation and access to the court
system. Legal aid is regarded as central in
providing access to justice by ensuring equality before the
law, the right to counsel, and the right to fair trial.
Legal advice involves advising the client about a
particular matter, or recommending or advising the client to
take a certain action.
In both the U.K. and the U.S.A, lawyer is the general
word used to define a trained legal adviser.
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Lawyers survive because people need their two
important functions: advice and advocacy.7
Lawyers who do most of their work representing
people in court trials are called barristers in England and
advocates in Scotland.
A barrister - also known as barrister-at-law or Bar-at-
law in common law jurisdictions - works at higher levels of
court. Barristers mostly specialise in courtroom advocacy
and litigation. A barrister has rights of audience in all courts
on contentious matters. Barristers can specialise in a
particular area of law in criminal practice and undertake
criminal prosecution or defence in all courts. Other areas of
practice may be in civil matters related to family or common
law, or in commercial disputes. Most barristers work on a
self-employed basis. An increasing number of employed
barristers work in private and public organisations.
Barristers are generally involved in the following
range of work activities:
mastering and managing legal briefs (cases);
researching relevant points of law;
writing opinions and advising solicitors and other
professionals;
7 Frederick Jr. Kempin, Historical Introduction to Anglo-American Law in a Nutshell, West
Publishing Co., 1990. p.75. available at: https://books.google.ro
74
preparing cases for court, including holding client
conferences, preparing legal argument, etc;
presenting arguments in court;
examining and cross-examining witnesses;
advising on matters of law and evidence;
drafting legal documents;
negotiating settlements.
Senior, best barristers ―take silk‖ meaning that they
become Queen's Counsels QCs (or King's Counsel, KCs -
during the reign of a king), "Her Majesty's Counsel learned
in the law" and are awarded the right to wear silk gowns of
a particular design. This is informally known as taking silk
and hence QCs are often called silks. They wear wigs and
gowns in court - which distinguishes them from a solicitor,
another legal profession in England.
Barristers do not come into contact with the public as
much as solicitors. They are given details of a case by a
solicitor and then have a certain amount of time to review
the evidence and to prepare what they are going to say in
court.
When people talk about going to see their lawyer, it is
usually a solicitor that they refer to. Solicitors are normally
the first contact for citizens seeking legal advice or services.
Solicitors can work for a big range of organizations,
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including commercial or non-commercial law firms, private
businesses, the government, banks and corporations.
A commercial solicitor acts for businesses of all
sizes. Caseloads can range from general
company/commercial work (such as advising small start-
up businesses) to large complex corporate transactions
(such as mergers and acquisitions). They advise on
specialist areas of law and represent clients where there is a
business-related dispute. Most commercial solicitors
specialise in particular areas of law: property; tax;
employment; finance; intellectual property.
Generally, commercial solicitors work as part of a
team on highly complex and intellectually demanding
work, which requires the ability to meet exacting deadlines
and work under considerable pressure.
Work activities typically involve:
meeting clients and advising clients on the law and
how it may affect their case;
drafting documents and contracts relating to the
client's case;
negotiating with clients and other professionals to
secure the desired objectives;
researching documents and case history to ensure the
accuracy of advice and procedure;
supervising the implementation of agreements;
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co-ordinating the work of all parties involved in each
case;
acting on behalf of clients in contentious matters and
representing them in court, if necessary;
supervising more junior members of the team,
depending on level of seniority;
checking all documentation prior to signing and
implementing;
organising further contact with the client to negotiate
work, contracts and to gather information to assist in
the preparation of case materials;
instructing advocates for representation;
keeping up to date with changes and developments
in the law by reading journals and attending courses,
often as part of continuing professional development
(CPD).
Non-commercial solicitors provide a wide range of
legal support and advice to clients, individuals and small
businesses. They take instructions and advise on necessary
courses of legal action. Typical services offered may relate
to buying and selling property, landlord and tenant
agreements, wills and probate, litigation, and matrimony.
Non-commercial solicitors may also be involved in legal aid
work.
Tasks may typically involve:
77
meeting and interviewing clients to establish the
firm's suitability to provide the services required by
the client;
advising the client on legal issues;
taking the clients' instructions;
researching and analysing information, including
statements, medical reports, legal documents and
case histories, and police and local authority reports;
attending meetings with opposing parties;
preparing papers for court;
calculating damages;
attending court, to sit behind counsel or represent a
client in the lower courts;
working in a team within the firm, sometimes
referring files to the head of department;
making cross referrals to other colleagues
liaising with outside agencies;
undertaking necessary administration, e.g. billing for
work done on clients' behalf;
Advocates in Scotland perform the same role as
barristers in England and Wales and Northern Ireland. In
essence, an advocate is a self-employed independent
lawyer.
Typical work activities include:
preparing for cases;
78
presenting cases and representing clients in courts,
tribunals and public enquiries;
providing specialist legal representation and advice
to solicitors and appropriate professional bodies in
written opinions or at consultations.
Judges in each system are recruited from the ranks of
practicing barristers, advocates and solicitors on the basis of
experience and ability. They are thus, already senior and
respected lawyers who are trained for judicial office rather
than being part of a separate state career structure.
In both the U.K. and the U.S.A., counsel is the formal
legal word for a lawyer who is representing people in court,
and in a U.S. court, you might call them Counsellor.
A lawyer in the U.S. is also sometimes referred to as an
attorney, especially in formal speech or official letters.
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
advocacy (s.) – profesiune de avocat, avocatură;
apărare, pledoarie
age of consent – vârsta la care o persoană se poate
căsători legal
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age of discretion – vârsta la care se consideră că o
persoană are discernământ şi poate răspunde în faţa
justiţiei pentru faptele sale
age discrimination – discriminare datorată vârstei;
full age – majorat
to be of age/under age – a fi major/minor
to come of age – a deveni major
evidence I. (s.) – mărturie, probatoriu, depoziţie;
dovadă, semn, probă; bază, temeinicie, evidenţă; II.
(vb.) a depune mărturie împotriva; piece of evidence
– o dovadă
evidence for/in support of – probe în sprijinul
admissable evidence – probe admisibile
hard evidence – probe irefutabile
incriminating evidence – dovezi incriminatoare
circumstantial evidence – dovezi indirecte
conclusive evidence – probe concludente
false evidence – mărturie falsă;
evidence of conformity – dovadă de conformitate
to produce/ destroy evidence – a aduce/distruge
dovezi
to collect/gather evidence – a strânge dovezi
legal – juridic; legal, valid, valabil, după lege
legal action – acţiune în justiţie
legal advice - consultanţă juridică
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legal adviser – jurisconsult
legal aid - asistenţă juridică
on legal grounds – pe bază legală
to ask for legal/financial advice – a solicita consiliere
juridică/financiară
you should ask your lawyer to give you some legal
advice and your accountant to give you some
financial advice – ar trebui să ceri avocatului tău
consiliere juridică şi contabilului tău consiliere
financiară
a legal adviser was brought to conciliate between
the two sides involved in the conflict – a fost adus
un jurist să concilieze între părţile aflate în conflict
to provide expert advice for people with
legal/financial problems – a asigura consiliere
specializată pe probleme juridice/financiare
to institute legal proceedings against somebody – a
intenta acţiune judiciară cuiva.
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Did you notice the wooden hammer
a judge slams down on his desk when
he's trying to bring order to the court?
That's a gavel.
Commonly made of hard wood, a gavel is used by a
person that presides a meeting in order to signal for
attention or to request or maintain order.
A gavel is a symbol of the authority and of the right to
act officially in the capacity of a chair person.
Judges are not the only ones who use gavels.
They are also used by auctioneers to indicate
acceptance of the final bid.
Practice makes perfect! Solve the exercises!
1. Insert the words in the box below in the following
sentences so as they make sense:
legislation, benefits, approached, policy, environment, create,
respond, finance, source, individual
1. One of the _______________ of studying English in an
English speaking country is that you have the opportunity
to speak English outside of class.
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2. The policeman slowly _______________the bush where
the mugger was hiding.
3. A mayor says that the new factory will _______________
tens permanent jobs in the city.
4. The government recently passed _______________ which
prohibits tobacco advertising at sporting events.
5. There are many things one can do in everyday life to help
protect the _______________, such as recycling or riding a
bicycle.
6. The _____________of the evil is somewhere in education.
7. You must _______________ to our offer within 30 days or
it will be withdrawn.
8. The government has announced a special program to
help _______________ new small businesses.
9. It is the _______________ of our government that no one
should be without food or shelter.
10. Liberty includes liberty and freedom of
expression.
2. Choose the correct answer:
1. A/An is an official legal
document that says one must come to a court of law to
give information.
a. order
b. subpoena
c warrant
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2. A/An is a formal accusation that a person has
committed a crime.
a. complaint
b. verdict
c indictment
3. A/An is an official judgement made in court.
a. complaint
b. verdict
c indictment
4. The employer had to pay to his former employee, plus additional legal costs.
a. damages
b. salary
c damage
5. In the phrase to hear a cases, the verb to hear means:
a. overhear what the defendant is saying;
b. hear what the defendant has to say;
c to listen to all the facts in a case in a court of law in order to make a legal decision
6. In the sentence: Drug offences are taken very seriously and carry severe penalties that vary according to the type and amount of drugs involved the word penalties may be replaced with:
a. sanction
b. punishment
c fine
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7. In the sentence: If you know there are drugs in your share house, you can be charged with even if they belong to someone else, the missing word is:
a. possession
b. ownership
c keeping
8. In the sentence: In order that prosecutors be able to bring charges against a suspect, they need an indictment from a grand jury the word indictment means:
a. allegation
b. accusation
c libel
9. In the sentence: In light of the evidence, the judge issues an injunction against the man to immediately cease all business activities, the word injunction means:
a. interdicţie
b. hotărâre judecătorească
c ordin
10. If the defendant has a criminal record, the sentence harsher.
a. will be
b. is
c would be
11. is an examination conducted to determine whether a candidate is qualified to practice law in a given jurisdiction.
a. a call to the Bar
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b. Bar examination
c Bar injunction
12. means to write something like a legal document, speech or letter that you intend to change later.
a. to draw up
b. to subscribe
c to draft
13. Authorities are concerned because the crime figures are , so need urgent measures.
a. going up
b. going on
c growing
14. The United Kingdom flag consists of three other flags that stand for Scotland, England and Ireland, each of them represented by a patron saint:
a. Saint George (England), Saint Patrick (Ireland), St. Andrew (Scotland)
b. St. George (Scotland), St. Andrew (England), St. Patrick (Ireland)
c St. Patrick (Scotland), St. Andrew (England), St. George (Ireland)
15. The attorney: „When did you sue the lawyer for breach of confidentiality?‟ The attorney inquired when the lawyer for breach of confidentiality.
a. we did sued
b. we had sued
c we sued
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1. b; 2. c; 3. b; 4. a; 5. c; 6. b; 7. a; 8. b; 9. c; 10. a.; 11. b; 12. c; 13. a; 14. a; 15. b
3. Make compound adjectives that can help you describe
people. Mind that such adjectives are used with the verb to
be:
Model: with blue eyes > blue eyed; with long hair> long
haired
The woman is blue eyed and long haired.
with narrow mind, with broad mind, with quick wit;
with broad shoulders, with broad chest, with long legs,
with short legs;
with green eyes, with straight eyebrows, with bushy
eyebrows, with short sight, with long sight, with curly
hair, with short hair, with fair hair, with dark hair, with
bald head;
with white face, with pale face, skinny face, with lean face,
with round face, with long face, with wrinkled face, with
red nose, with snub nose, with pointed chin, with broad
forehead, with high forehead, with low forehead, with bony
cheeks, with hollow cheeks, with thick lips, with tiny teeth,
with delicate features,
with ill temper, with hasty temper, with hot temper, with
hot head, with cool head;
with cold blood, with hot blood, with coarse hands;
with heavy heart, with hard heart, with kind heard;
with five fingers, with five toes;
with black coat, with short trousers;
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with bad manners, with good manners;
with soft voice, with hoarse voice, with feeble voice.
4. Can you tell the meaning of the verb refer in the sentence
in the text: referring files to the head of department? Can you
infer the meaning of the word from the examples hereafter?
- to refer a matter to court;
- to refer a request to somebody;
- to refer a question to somebody’s decision/judgement;
- to refer to an authority;
- to refer somebody to...;
- I’ve been referred to you;
- the High Court has referred the case to the Court of
Appeal;
- Your Honour, I’d like to refer you to the case of....
5. Change each of the following sentences from a statement
containing a probable condition to a statement containing a
false or improbable condition.
Model:
If she is angry, she will scold us.
If she were angry, she would scold us.
If he wins, we will congratulate him.
If he won, we would congratulate him.
They will join us, if we send them a message.
They would join us, if we sent them a message.
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1. If they want to see you, they will come to the party.
2. If he is curious, he will ask what we are doing.
3. She will help us, if she has time.
4. If they work hard, they will succeed.
5. If I find the culprits, I will teach them a lesson.
6. If she recognizes us, she will wave.
7. They will treat you well, if you are honest with them.
8. If she likes you, she will tell you.
9. If he is ready, we will invite him to come.
10. If they see me, they will want to speak to me.
TIP! ~ING vs ~ED
Some participles can be used as adjectives.
Present Participle (-ing) is used to describe something or
someone. He is boring.
Past Participle (-ed) is used to describe how people feel
about something or someone. He is bored of his job.
6. Choose the most appropriate adjective:
1. They found the crime so (frightened/frightening) that
they could not listen to the facts.
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2. One is (frustrated/frustrating) when one can't express
his feelings.
3. It is (frustrated/frustrating) when one is not believed
when telling the truth.
4. The case was very (challenging/challenged) for the
police.
5. They were (confusing/confused) by the witnesses
depositions.
6. They were all (amazing/amazed) by the old man’s
(amazing/amazed) act.
7. The judge felt (insulting/insulted) by the barrister’s
(insulting/insulted) remarks.
8. That (shocking/shocked) murder left people
(shocking/shocked).
9. Their constant chatter (annoying/annoyed) the judge
who found the noise is very (annoying/annoyed).
10. Prosecutors can offer evidence of (aggravated/
aggravating) factors that would merit a harsh sentence
during trial.
11. A prior record of similar convictions (aggravated/
aggravating) the sentence.
12. The defence may put on evidence of (mitigated/
mitigating) factors that would support leniency in
sentencing.
90
13. His mental and physical illnesses as well the lack of a
prior criminal record incurred a (mitigated/mitigating)
punishment.
14. We were stopped by a man with a knife who took our
money. It was a (terrified/terrifying) experience that left us
(terrified/terrifying).
15. The evidence against the suspect was (overwhelmed/
overwhelming) that he felt (overwhelmed/overwhelming)
by the burden of his wrongdoings.
16. The woman is (worrying/worried) about her son, he is a juvenile delinquent.
91
CHAPTER 5.
THE BAR
On the completion of this chapter your knowledge of
English will help you:
Understand the characteristics of British legal processes
Be able to respond in special situations
Express yourself better in the field of law!
Read! Anytime. Anywhere. Anyhow. Reading is the key to learning.
The Bar is the collective term
for barristers. Prior to being
'called' to the Bar, lawyers must
complete a course in law and be
admitted to one of the Inns of Court - an unique English
institution. The four Inns, professional associations
for barristers in England and Wales, are: Lincoln's Inn,
Grey's Inn, Inner Temple and Middle Temple. They have
supervisory and disciplinary functions over their members.
The Inns also provide libraries, dining facilities and
professional accommodation.
The Bar Council is the highest governing body of the
Bar and Inns of Court.
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Characteristics of British Legal Processes: The
Common Law heritage of the British legal systems is
enshrined in certain distinctive characteristics of the legal
process.
Significantly, the legal systems both use the
adversarial system for deciding cases, which is founded on
the conception that justice should not only be done, but be
seen to be done. Thus, the success or failure of a case is
determined by the persuasiveness of the parties' arguments,
taking into account the evidence accepted by the Court.
Accordingly, there is extensive use of juries in criminal
cases, consisting of randomly selected members of the
public, whose responsibility it is to decide matters of fact,
leaving the judge to determine the application of the law.
The importance of persuasive legal argument is a key
aspect of both legal systems. Arguments on matters of law,
presented by the parties' legal representatives, if accepted
by a court, may become authoritative and binding
statements of law through the system of precedent.
The system of precedent means that lawyers and their
clients can receive guidance as to the likely outcome of a
legal issue by having regard to previous judgments. A
typical example is the case of Lloyds Bank versus Bundy. In
this case, a farmer called Bundy had borrowed money from
Lloyds Bank against the security of his farm. The property
93
was in his sole name, although he had lived at the farm
with his wife for many years. Mrs. Bundy had not signed
the bank documents for the loan. Mr. Bundy failed to repay
the loan or make repayments and so the bank sued to get
possession of the farm which it would then sell to recover
its money.
Lord Justice Denning (sitting in the highest appeal
court) ruled that, as the wife had contributed to the house
over many years, she was entitled to a share of it and that
the bank had no right to deprive Mrs. Bundy of her home in
order to satisfy the bank's demand for repayments. The
bank would have to wait until the farm was sold at some
future date. In other words, the bank's security was limited
to Mr. Bundy's share of the property and, as the property
was indivisible, the bank could not have the farm. The
precedent set by this case sent shivers throughout the
banking system as all banks had lent money to businesses
against the matrimonial home which, more often than not,
was in the sole name of the husband and the wife had not
been party to the loan agreement.
This precedent did not require a new law to be
passed by Parliament; the precedent has become the 'law of
the land'. So now, if I wish to borrow money from the bank
against my house, my wife has to sign all the documents.
http://www.xiangtan.co.uk/legal.htm
94
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
enshrined – consacrat
persuasive – convingător, persuasiv; persuasive
argument – motiv/argument convingător
to take into account – a lua în considerare
sue – a da în judecată, a intenta proces, a acţiona în
judecată
to sue somebody for libel – a da pe cineva în
judecată pentru calomnie
to sue for custody/damages – a da în judecată pentru
custodie/daune
justice (s.) – justiţie, dreptate, echitate, onestitate; judecată,
justiţie; judecător
social justice – dreptate socială
miscarriage of justice – eroare judiciară
to bring to justice – a deferi justiţiei
to do justice – a face dreptate
to escape the long arm of justice – a scăpa de braţul lung al
justiţiei; to prevent the course of justice – a împiedica
justiţia să-şi urmeze cursul
Mr. (or Mrs.) Justice Green – Domnul (sau doamna)
judecător Green.
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Do word associations!
When you learn new meanings of a word, try to associate
it with its other meanings.
This is a very good method of improving your vocabulary,
particularly when it comes to specialized languages that
satisfy professional purposes! This is the case with the
language of law, for instance.
Take some examples below!
TIP! Remember that you know the words from every
day English!
COUNT – a particular crime that a person is accused of
- capăt de acuzare, infracţiune
The prisoner was found guilty on two counts of murder.
Remember that you know the word from every day
English!
TO SIT – to hold an official meeting - a se reuni, a se
întruni, a fi în sesiune (d. curtea de justiţie); to be member of
a professional, official group - a fi în funcţie, a fi membrul
unui grup profesional;
The court will sit tomorrow morning.
All of the judges currently sitting will be convened.
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In the case of compound words, mind the sense of each of
the compounds. And this will help, in some cases at least!
hereafter - de acum încolo, în/pe viitor
As will hereafter be seen, the witness is lying.
hereby/herewith - prin prezenta; prin aceasta, pe
această cale
We hereby confirm that he is our graduate.
I hereby declare that I saw nothing.
herefrom - de aici, din aceasta
Any contract resulting herefrom will be awarded to the tenderer.
herein - aici, în cele de faţă; alăturat
We enclose herein the documents required.
hereinafter/ hereunder - după cum urmează mai jos
Ownership shall be granted on the terms specified hereunder.
hereinbefore - mai sus, anterior
Facts hereinbefore mentioned.
hereof - din prezentul document, al prezentului
document
At the date hereof. According to paragraph 4 hereof.
hereto - la acesta (document), la prezentul
(document)
The written evidence hereto attached.
whereby (conj.) – prin care, cu ajutorul căruia
A law whereby prostitution is punished.
Take the tip as a further example:
97
HOW TO RESPOND
IN SPECIAL SITUATIONS
Learning is the treasure that will follow its owner anywhere.
Professional life also means relations others than those related to work.
There are cases when one has to answer or react in certain cases. Let’s see some:
Congratulations
Congratulations! is said in many circumstances, such as
promotions, passing exams, weddings, parents and family
of a new baby.
Well done! is said to someone who has passed an exam or
achieved something difficult like a promotion.
On birthdays
The most usual ways of referring to someone's
birthday are by saying Happy Birthday! or, more
formally, Many happy returns!
Cultural note: Some birthdays are more special than
others in Britain. Your 18th birthday is special as you then
become an official adult. In the past, 21 was the age of
adulthood, and some people still celebrate it in a special
way by giving silver keys, which represent the key to the
door.
Before an exam or a difficult situation
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Wish someone good luck before something difficult,
by saying Good luck! But if people are superstitious and
believe that saying Good luck will have the opposite effect,
you could also hear Break a leg!
If someone has failed at something, you can say Bad
luck!
Toasting
At parties and gatherings, you might be asked to drink
a toast to celebrate a happy event, and you may hear: Here's
to …, Let's drink to…, Please raise your glasses to…
Writing to someone who has passed an exam
If you are writing a card or a letter to someone who
has passed an exam, you can use the following expressions:
Well done! It's a fantastic result. Congratulations on passing!
You deserve it after so much hard work.
Writing wedding cards
Here are a couple of standard phrases to write on
wedding cards: Congratulations! Wishing you many happy
99
years together.
Wishing you the best of luck in your future together.
Writing in sad situations
In difficult situations you can write: I was so sorry to
hear that …
If you are writing to the relatives of someone who has
died, you can also write: I was deeply saddened to hear… or
Please accept my deepest condolences on the death of…
after: http://www.english-at-home.com/vocabulary/how-to-respond-appropriately-in-special-situations/
TIP! LATE VS. LATELY
LATE - after the expected, arranged or usual time
the late - defunctul, defuncta The late Mr. Smith.
late of... - care până recent a trăit în/lucrat la...
Judge Smith late of Court of Appeal.
LATELY - recently; in the recent past
Practice makes perfect! Solve the exercises!
1. Find the correct answer so the following sentences make
sense:
1. Have you ever been accused of something?
100
a) wrong
b) wronger
c) more wrongly
d) wrongly
2. I would you to seek qualified legal about
how to handle this situation.
a) advise/advice
b) advised/advices
c) advising/advice
3. The lawyers paperwork all day. In all, I guess they
about tens of letters.
a) have done/have signed
b) have been doing/have signed
c) have done/ have been signing
d) do/sign
4. With this last sentence I the letter of application
and I am going to write my résumé too so that I send
them both.
a) have finished/can
b) am finishing/can
c) finish/could
d) was finishing/was being able to
e) have been finishing/have been able to
5. is my the draft of my project? I it on my
desk when I for lunch.
a) where/left/went
b) wear/left/went
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c) were//left/went
6. Nobody enter this Informatics laboratory so far,
but the students who were to give their exams.
a) was permitted
b) was permit
c) has been permission to
d) has been permitted to
7. All the students enrolled for the Distance Learning will
receive information about the examination next
week.
a) farther
b) further
c) farer
d) farrer
8. Neither the husband his wife heard the noise made
by the .
a) or/thiefs
b) nor /thieves
c) and/thiefes
d) but/thief
9. Have you heard the news about the awful crime?
a) latest
b) last
c) lately
d) most lately
10. Never in his life such a thing.
a) has the man seen
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b) the man has seen
c) the man saw
d) did the man see
2. Insert the words in the box in the sentences:
verdict, testified, prosecution, innocent, sentence, judge,
arrest, witnesses, convicted, suspects, victims, charge, guilty,
trial
1. The _________do not want to testify in the murder trial
because they are afraid the suspect will chase them when he
is out of goal.
2. The neighbourhood residents hope they___________ the
thief that has been breaking into cars lately.
3. They it is better to risk saving a guilty person than to
condemn an _________one.
4. Police have brought a ___________of assault against the
man accused of beating up a colleague.
5. At the trial, the old woman _________that on the night of
the murder, she heard the accused threatening to kill the
victim.
6. Giving the sentence, the _________said that that was the
most abominable criminal he had ever condemned.
7. Hel received a _______________ of life imprisonment.
8. Nowadays, the elderly are afraid of becoming
__________of crime, because studies show they are actually
the members of society most attacked or robbed.
9. The suspect felt relieved when the _____was read out.
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10. The police have no ____________in the murder case.
11. He is a _______________ drug dealer who is also serving
time for theft and assault.
12. The _______________ had to drop its case when its only
witness died.
13. The witness gave evidence at the _________which
suggested the police had arrested the wrong person.
14. The jury found her innocent, but everybody thinks she is
_______________.
3. Choose the most appropriate word to complete the
sentences:
1. The of a property is the person who rents it
from the landlord.
a) occupier
b) purchaser
c) tenant
d) party
2. I was protected my creditors because of the
Bankruptcy Judgement.
a) with
b) through
c) in
d) from
3. The written agreement to live in a house, but not to buy
it, is called a .
a) contract
b) lease
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c) conveyance
d) stay
4. I keep my money in a account at the bank
which means I can have access to it whenever I want it.
a) usual
b) special
c) deposit
d) current
5. A cheque is a type of instrument.
a) negotiable
b) legal
c) payer
d) tender
6. A document known as a is usually used when
you borrow money from a bank to buy a house.
a) security
b) proof
c) mortgage
d) loan
7. An act which causes someone else to suffer some form of
loss or harm is called a ...................
a) tort
b) damage
c) hurt
d) injury
8. is the word used to describe laws passed by a
Country’s Parliament.
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a) bills
b) legislation
c) schedules
d) by-laws
9. A is a person who starts a case against someone
else in a civil court.
a) sponsor
b) customer
c) client
d) litigant
10. A Public Limited Company is one which can sell its
to the public.
a) debentures
b) credit
c) loans
d) shares
11. A is the person who is charged with a crime in
a court case.
a) respondent
b) bailiff
c) defendant
d) pleader after: http://www.british-legal-centre.com/en/test/3.html?section=16
4. Choose the most appropriate answer:
1. When it's someone's birthday, you can say
a) Congratulations!
b) Good birthday!
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c) Happy birthday!
2. The person can then reply to you:
a) To you too!
b) Thank you!
c) Greetings!
3. Before someone does something difficult, you can say:
a) Best luck!
b) Good luck!
c) Success!
4. You can say ''Congratulations!'' to someone when:
a) they get married
b) it’s their birthday
c) they failed an exam
5. If someone has achieved something great (such as a
promotion) you can say:
a) I’m really amazed!
b) I’m really surprised!
c) I’m really happy for you!
6. If someone tells you they failed at something (for
example, they failed an exam or didn't get a job) you can
say:
a) Good luck!
b) Bad luck!
c) Better luck next time!
7. When you want to say what you're congratulating a
person for, you can say:
a) ''Congratulations for passing the test!
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b) ''Congratulations with passing the test!
c) ''Congratulations on passing the test!
8. During a toast, the phrase is:
a) Let’s drink to (name of the celebrated)
b) Let’s drink for (name of the celebrated)
c) Let’s drink with (name of the celebrated)
9. When you hear that someone has died, you can write to
the relative
a) Please accept my best wishes!
b) Please accept my condolences!
c) Please accept my sad wishes!
10. In sad situations you can also say or write:
a) I was so sorry to hear that/about…
b) I have received your terrible news!
c) I received the news!
after: http://www.english-at-home.com/vocabulary/how-to-respond-appropriately-in-special-situations/
108
CHAPTER 6.
IN COURT ROOM
On the completion of this chapter your knowledge of
English will help you:
Acquaint with the actors in a court room q
Understand the role of each character in a court
room.
Know how to behave in a court room.
Express yourself better in the field of law! q
A suit always begins by an initial
document that must be filed in court.
This initial document is called a
complaint; in the eventuality of a civil
case the complaint is filed by the person who claims, the
plaintiff, against the defendant; in a criminal case the
complaint is the accusation, the state files, against a person
charged with the committal of an offence.
The complaint is meant to state the plaintiff's version
of the facts and asks for certain damages or other relief.
So, we refer to the plaintiff as the party who files the
complaint, brings an action, complains or sues in a personal
action.
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The plaintiff must carry the burden of proof (the
obligation to prove allegations) and burden of persuasion
(an obligation that remains on a single party for the
duration of the claim) in order to succeed in its lawsuit.
So, we refer to the defendant as the party or entity
against whom the case is filed; if we speak about a civil
case, the defendant is the person against whom the lawsuit
is brought; if we speak about a criminal case, the defendant
is the person accused of committing the crime.
In some areas of law, such as domestic relations, the
person filing the complaint is the petitioner, and the person
against whom the case is filed is the respondent.
The plaintiff also files with the court clerk a request, a
summons which is issued to the defendant. Through the
instrumentality of this legal notice, usually served by mail,
the defendant is informed of the lawsuit, as well as the date
and location of the court where the case will be heard.
After the notification, there is a certain period of time
during which the defendant files an answer to admit or
deny the allegations made in the complaint. To put it
otherwise, the answer is the pleading by which the
defendant resists or responds to the plaintiff's allegation of
facts.
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The allegation is the statement by a party in a
pleading describing what that party's position is and what
that party intends to prove.
When charges are brought to a person, there must be
mentioned the time, the date, the place that the criminal act
allegedly took place, the alleged involvement of the
accused, and the details of the crime.
There are three ways to bring charges against a
person:
1. Through an indictment (a formal charge of having
committed a serious criminal offence) which is used
primarily for felonies; the indictment states that there is
enough evidence that the defendant committed the crime.
2. Through the filing of an information – an alternative
to an indictment as a means of charging a criminal, which is
in fact the accusation made by a prosecutor that the
defendant committed a crime.
3. Through a citation, which is a direction to appear in
court. The citation is made by a police officer for minor
traffic offenses and the like. This procedure is usually used
for certain petty misdemeanours and other minor criminal
matters.
The term felony is used for the most serious crimes
such as robbery, assault with a deadly weapon, and sexual
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assault, for which punishment is imprisonment.
Incarceration is made in a prison.
A misdemeanour is a lesser criminal act, such as petty
theft, prostitution, simple assault, driving while intoxicated,
trespassing, vandalism for which punishment could be a
term of incarceration in jail. Petty misdemeanours such as
traffic infractions include minor moving violations,
disorderly conduct, parking violations and littering are
usually just punished by fines.
The word bail as a legal term means the amount of
money a defendant must deposit or pledge to a court in
order to be released from custody until the trial. It is not a
fine, and it is not supposed to be used as punishment. The
bail is a guarantee, and its purpose is to ensure that the
defendant will appear for trial and all pre-trial hearings for
which they must be present. When their trial is over, the
bail is returned to defendants minus a processing fee.
The amount to which the bail rises is decided by the
judge who considers several factors such as:
a) the risk of the defendant fleeing;
b) the type of crime alleged;
c) how dangerous the defendant is;
d) the community‟s safety.
The heart of the case is the presentation of evidence. In
its broadest sense, the term refers to anything that is used to
112
determine or demonstrate the truth (a form of accord with
fact or reality) of an assertion.
Evidence can be classified into - direct evidence and
circumstantial evidence.
a) Direct evidence usually is that which speaks for itself:
eyewitness accounts, a confession, or a weapon.
b) Circumstantial evidence usually is that which
suggests a fact by implication or inference: the
appearance of the scene of a crime, testimony that
suggests a connection or link with a crime, physical
evidence that suggests criminal activity.
The presentation of evidence is performed by the
lawyers for the plaintiff or government and begins by
calling witnesses (the ones who testify under oath as to
what they saw, heard or observed, identify documents,
pictures or other items introduced into evidence). The
questions the lawyers ask of the witnesses are direct
examination usually performed to elicit evidence in support
of facts.
Cross-examination is the act of asking questions
performed by the lawyer for the defendant as soon as the
lawyer for the plaintiff or government has finished
questioning a witness; we say the lawyer for the defendant
cross-examines the witness.
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A hostile witness is a witness in a trial who testifies
for the opposing party or a witness who offers adverse
testimony to the calling party during direct examination.
Possible verdicts in criminal cases are guilty or not guilty.
When deciding a sentence, the magistrate or judge
considers a number of factors such as:
the seriousness of the crime
the effect on the victim
the offender’s circumstances
the offender’s criminal history
whether the offender has cooperated with police.
While there is a maximum penalty set for each crime
normally, a greater penalty can be imposed if the offence
takes place with aggravation—something which increases
the seriousness of the crime or the harm to the victim—such
as when the crime is committed by more than 1 person or
when a weapon is carried.
https://www.qld.gov.au/law/crime-and-police/types-of-crime/sentencing-fines-and-
penalties-for-offences/
114
COURTS HAVE THE SAME SET
In law, a chambers (office) is a room used by a judge.
The Judge's chambers refer to a small, private room
off the courtroom, usually behind the Judge’s bench, where
wherein he or she hears motions, signs papers, and perform
s other tasks pertaining to his other office, changes into
robes and confers with lawyers.
The Jury room is the private room adjacent to a courtroom,
where a trial jury deliberates, discusses a case and reaches
the verdict, on the bases of evidence.
While the members of the jury deliberates, communication
with the outside world is forbidden. The members of the
jury are only allowed to send notes to the court registrar to
ask the judge to remind details relating to evidence or
explain the law. When they reached the verdict - based on
complete agreement - they return to court and where the
foreman or forewoman tells the verdict.
In a legal context, the term bar designates a fence-like
barricade that separates the public from the court. The area
in front of the bar is restricted to participants in the trial:
the judge, court officials, the jury, the lawyers for each
party, the parties to the case, and witnesses giving
testimony. The area behind the bar is open to the public.
115
...AND CHARACTERS
..
116
Besides the characters already discussed, courts also
are populated with others such as:
- the bailiff is the police officer who maintains order
in the court;
- the court clerk is the person who helps with
administrative duties and stores the physical exhibits
introduced as evidence at the trial.
- the court reporter types every word said during the
trial. The typewritten document is a permanent
record of the trial.
http://www.factmonster.com
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
allegation (s.) – acuzaţie, afirmaţie (nedovedită),
declaraţie, depoziţie; pretext, motiv neîntemeiat
allegations of professional misconduct against/
about – depoziţie privind proasta conduită
profesională împotriva/despre
to deny allegations – a nega acuzaţiile
to make allegations against/about something – a da
declaraţii împotriva/despre ceva
117
misdemeanour – delict, crimă; ofensă, insult
bail I. (s.) – cauţiune, garanţie; garant, răspunzător;
II. (vb.) a elibera pe cauţiune
to be released on bail – a fi eliberat pe cauţiune
to set bail – a fixa suma ce trebuie plătită drept
cauţiune
to refuse to grant bail – a refuza eliberarea pe
cauţiune.
118
Wh-Questions Wh-Questions allow a speaker to find out
more information about topics. As future law graduates you may need to ask or answer
a lot of questions.
Wh-Questions What they indicate
What Object/Idea/Action
When Time
Where Place
Who Person
Whose Person (possession)
Which Person, Thing
Which (one) Choice of alternatives
Why Reason
How Manner
How long? Duration
How much Quantity; Price
How many Quantity
How often Frequency
What time Time, Hour
119
Read the examples of the use of Wh-Questions in sentences,
try to remember these examples and use these patterns in
future:
Who (to inquire about
person or people)
Who is the suspect in this
murder case?
What (to inquire about
things)
What is the offence?
When (to inquire about
times)
When did he commit it?
Where (to inquire about
locations)
Where were you at the
time of the crime?
Why (to inquire about
reasons)
Why did you commit
perjury?
How (to inquire about
manner or method)
How did you break in?
Which (to inquire about a
specific member of a
group)
Which one of the two
muggers took your purse?
Whom (formal objective
case for persons)
Whom do you suspect?
Whose (to inquire about
ownership)
Whose are these?
How
much
(to inquire about
amount)
How much money did
they steal from you?
120
How
many
(to inquire about
number)
How many burglars were
there?
How
long
(to inquire about
duration of time)
How long have you been
watching the house?
How
far
(to inquire about
distance)
How far did you drive
before you were caught?
How
often
(to inquire about
frequency)
How often did you do
that?
What? (to inquire about
occupation)
What do you do? What is
your profession?
(to inquire about
activities)
What did you do last
night?
What...
for
(to inquire about
reason)
What did you kill him for?
Practice makes perfect! Solve the exercises!
1. Match the words on the right side of the table with the
corresponding definitions:
An official judgment made in a court about
whether someone is guilty of a crime. trial
A formal request for a court of law or similar evidence
121
authority to change its decision.
Fact, statements or objects that help to prove
whether or not someone committed a crime.
Things that witnesses say in a court of law
when they answer questions.
appeal
To order someone to go to a court of law to
be formally charged with a crime. verdict
The process of examining a case in case of law
and deciding whether someone is guilty or
innocent.
arraign
2. Complete the sentences with the words in the box:
hard , convict , evidence, arraigned, verdict, unanimous,
appeal, trial
1. The defendant claims that the police fabricated
against him.
2. The given in court was a complete fabrication.
3. A 22-year-old man has been on charges of
murder.
4. The boy was on a charge of attempted rape.
5. The jury was unanimous in their .
6. The jury took several hours to reach a verdict, but they
finally reached a verdict of not guilty.
7. The mayor has been released on bail pending an .
8. The police didn’t have enough evidence to him.
9. They are reluctant to prosecute without any evidence.
122
10. He is on for armed robbery.
11. The suspect remains in prison waiting on major
fraud charges.
12. The suspect’s statement to the police was used in
against him.
3. Read the vocabulary in the table below regarding the
court activity and match the words on the left with their
corresponding definitions on the right:
At the
court
Definition
Trial a legal action, especially one to be decided
in a court of law
Evidence an individual, company, or institution sued
or accused in a court of law
Case
an examination of evidence by a judge,
before a jury, in order to decide guilt in a
case
Accused
a person harmed, injured, or killed as a
result of a crime, accident, or other event or
action
Defendant
information drawn from personal
testimony, a document, or a material object,
used to establish facts in a legal
investigation or admissible as testimony in a
law court
123
Victim a person or group of people who are
charged with or on trial for a crime
Judge a person who sees an event, typically a
crime or accident, take place
Witness a person who studies or practices law
Lawyer a public officer appointed to decide cases in
a law court
a plea of
guilty/ not
guilty
the case presented by or on behalf of the
party accused of a crime
Prosecution
the institution and conducting of legal
proceedings against someone in respect of a
criminal charge
Defense
a statement of a defendant or prisoner,
stating guilt or innocence in response to a
charge
Presiding
judge
a body of people sworn to give a verdict in a
legal case on the basis of evidence submitted
to them in court
Jury the act of presenting a case in court, as by a l
awyer on behalf of his client
Pleading the name given to the judge who is hearing
or presiding over a trial
3. Find the correct answer:
1. Which of the solicitors on Saturday?
a) did work
124
b) do work
c) does work
d) worked
2. We will call the lawyer the comes.
a) unless/ policemen
b) if/ police man
c) as/ policemans
d) because/ policemens
3. The man saw the thief the building at noon and
twenty minutes later.
a) to enter/to leave
b) entered/left
c) to have entered/to have left
d) entering/leaving
4. The lawyer says he dinner at home as she till
late at night.
a) never eats/works
b) doesn't never eat/is working
c) never eat/working
d) don't ever eat/worked
5. The Dean of the Law Faculty the theses
for two hours.
a) reads/students
b) has been reading/students’
c) read/ student
125
d) is read/ students’s
6. The employer said he the effort the workers had
made and give them a raise in three weeks’ time.
a) shall appreciate/shall
b) appreciates/wants
c) appreciated /would
d) appreciated/will
7. The students would better as there’s only one month
before the exams begin.
a) stopped missing classes
b) stop missing classes
c) to stop missing classes
d) will stop to miss classes
3. Fill in with the correct word:
1. I would be very interested in for that job.
a) entering
b) working
c) applying
d) writing
2. Do you want to as a candidate in the local elections?
a) stand
b) sit
c) go
d) try
126
3. They are completely up with all the noise in the
centre of town.
a) tired
b) fed
c) sick
d) ill
4. The reason there are no buses is because the drivers are
on .
a) hit
b) stop
c) strike
d) leave
5. The government has changed its policy and had a
complete change of .
a) view
b) opinion
c) mind
d) heart
6. This supermarket is trying to young shoppers
by offering fashionable clothes.
a) target
b) persuade
c) encourage
d) trap
7. You should have those shares when they were cheap.
127
a) taken out
b) sold off
c) bought up
d) taken over
8. Keep quiet because the judge’s patience is out.
a) running
b) racing
c) pacing
d) turning
9. Have you ever tried your at running a business?
a) arm
b) finger
c) hand
d) leg
10. After all these years she has decided to take early .
a) leave
b) finishing
c) departure
d) retirement
128
HOW TO ACT IN COURT
Courts are serious places and it is
important to act in a respectful way.
Here are the do’s and don’ts of acting in court:
Be on time! Give yourself extra time to get to
court. Court dates are not like appointments that you may
miss and reschedule for later. If you miss your court date
for a criminal case, you may be arrested. If you miss your
court date for a civil matter, you may lose the case by
default. You may also be held in contempt of court if you
are late to or miss a hearing. If you have a valid, urgent
reason why you cannot attend your court date, contact the
courthouse clerk. You will probably need to file a petition or
forms to request a date change.
BEHAVIOUR IN COURT
Be quiet! Do not roll your eyes or make comments or
gestures towards the other parties in the courtroom,
including the jury or opposing attorney. Do not
communicate with the others by gestures.
Do not eat, drink, laugh, talk, chew gum or tobacco,
smoke!
Turn off your cell phone and other electronic devices!
Many courts enforce a total ban on cell phone use
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Don’t take photographs!
APPEARANCE IN COURT
Dress appropriately for your court appearance! Dress
like you are going to a job interview! Do not wear jeans,
shorts, t-shirts, miniskirts, low-cut or see-through clothing,
sleeveless tops or dresses! How you dress conveys your
respect for the judge and the court. Ensure all of your
clothing is neat, clean, and pressed.
SPEAKING IN COURT
Stand when you are speaking! It shows that you are
being respectful .
When you speak to a judge you will use the phrase
"Your Honour", but you should also know how to
communicate yourself through body language and how you
behave. Do not wave your hands, do not make unnecessary
gestures!
Be polite to everyone in the courtroom, including
court staff, lawyers, and the other party! It is important to
use a calm tone.
Do not shout, do not use slang or swear words! Do
not threaten! You will be held in contempt of court and
you’ll be fined or put to prison.
Never interrupt the other party (or lawyer) when he
or she is speaking!
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Speak loudly so the judge can hear you and when
you are asked, answer by Yes, Your Honour or No, Your
Honour.
All hereinbefore, can be grounds for the judge to have
you removed from the courtroom by the bailiff.
http://www.courtinformation.ca/canada-justice-system/what-happens-in-a-courtroom
http://www.courtinformation.ca/canada-justice-system/what-happens-in-a-courtroom
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
contempt (s.) – nesupunere, insubordonare; sfidare;
dispret; neascultare;
contempt of court – sfidare a curţii, ofensa la adresa
curţii; neîndeplinirea sentinţei judecătoreşti;
to be found to be in contempt of court for refusing to
reveal the evidence – a fi acuzat de ofensă la adresa
curţii pentru tăinuirea probelor;
to hold in contempt – a dispreţui, a sfida
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Practice makes perfect! Solve the exercises!
1. Choose the correct preposition for each of the sentences:
1. The driver was later blamed the accident.
a) with
b) about
c) for
d) from
2. They reported that matter to the police days ago.
a) about
b) on
c) of
d) for
3. The inheritance was divided equal parts between
inheritors.
a) to
b) at
c) into
d) for
4. It was a good thing you could stop him making
that remark in court room!
a) from
b) against
c) at
d) for
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5. I congratulated him his passing the bar
examination.
a) with,
b) on
c) for
d) by
6. You shouldn't mistake a pickpocket a shoplifter.
a) by
b) against
c) to
d) with
7. Why didn't you inform us the strike ?
a) about
b) against
c) to
d) with
8. I agree his proposal on the condition that he
dropped all charges.
a) with
b) to
c) on
d) about
9. Are we sufficiently insured fire ?
a) for
b) at
c) against
d) from
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10. If you are serious going ahead with the trail,
let's have an appointment.
a) on,
b) about,
c) for,
d) in,
2. Fill each of the blanks in the following text.
will, solicitors, law, solicitors, concentrating, sell, do, If,
consult, to, he, with, There, consult, a, make, A, own,
order, and, understand
1. There are about 40,000 practising in the UK.
2. They perform a wide variety of .
3. Some , particularly in city centres, are specialists ,
for example, on company or maritime .
4. Many others are general practitioners who most
work requested by their clients.
5. a person wishes to his house or make a
will, he will usually a solicitor.
6. If he wants bring a case to court he usually
need a barrister's services.
7. However, will not be able to deal the
barrister directly.
8. He must a solicitor who will "instruct the barrister".
9. is no legal obligation to employ solicitor
when carrying out legal work.
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10. person can sell his own house, his own
will and conduct his divorce.
11. All that a person needs is time common sense to
understand and apply the basic procedures of the law.
12. In to prepare a defense to criminal charges, the
defendant must the exact nature of the offense of
which he or she has been accused.
3. Insert the proper words in the sentences below:
policemen, court, innocent, arrested, under, guilty, prison, fine, ashamed, parents, lawyer, company
1. Our neighbour’s child was ____for shoplifting last night.
2. Two ____ came to his house and spoke to his .
3. The boy has to go to ________next week.
4. If he is _______he will have to pay a ______.
5. He cannot go to gaol because he is age.
6. If he is _______he can go home.
7. Under aged cannot go to ______.
8. His parents are desperate and had to hire a .
9. He was a good child but he used to keep bad .
10. Now, he is thinking about what he did and his
colleagues and teachers will find out.
4. Choose the right words to complete the sentences:
randomly, a person or organization, prosecution, acts,
conflict, governing, punishable, Criminal, action, jury,
verdict, assistance, release, Death penalty law, ―bench
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trial‖, commission, misappropriating, larceny, Criminal
liability
1. Genocide, murder, enslavement and other against
the civilians, committed before, during, or after a or war
are crimes against humanity.
2. A criminal case is the by the State of , for
committing a public wrong considered an offence against
the State.
3. procedure represents the rules how
the court will process a criminal case.
4. Criminal offense is the considered wrong and that
can be according to law.
5. A is a group of citizens (called jurors) selected
and given power to decide the facts of a legal case
submitted to them and to return a .
6. A parole refers to the conditional, revocable, premature
of a prisoner.
7. A case decided by a judge without the of a jury is
often referred to as a ― .‖
8. , also known as capital punishment law,
covers issues relating to the imposition of death as
punishment for the of a crime.
9. Embezzlement law provides the specific elements that the
state must prove in order to convict someone accused of
money or property that was placed in their care.
136
10. Embezzlement is very similar to , in that both
crimes involve the taking of property belonging to another.
11. is the liability that arises out of breaking
a law or committing a criminal act.
5. Fill in with the appropriate word:
1. The company had its own code of in these matters.
a) behaviour
b) practice
c) dealing
d) attitude
2. This is a example of what not to do.
a) critical
b) pure
c) simple
d) prime
3. Plans have already been drawn to deal with such
situations.
a) over
b) through
c) up
d) into
4. Thousands of are already signing up for this new
telephone service.
a) individuals
b) subscribers
c) applicants
137
d) interviewees
5. Job losses are mainly in the sectors of the industry.
a) blue-collar
b) red-collar
c) stiff-collar d
d) high-collar
6. The circular will contain financial information to
help investors.
a) key
b) obvious
c) intelligent
d) noted
7. The report is to show better than expected results.
a) necessary
b) possibly
c) clearly
d) likely
8. So many of these animals have been shot over the years
that they are now classed as species.
a) dangerous
b) endangered
c) unwanted
d) limited
9. Some people are to learn a foreign language.
a) unaccustomed
b) shy
c) reluctant
138
d) inhibited
10. It was a big for her to give up her acting career
to look after her family.
a) trial
b) sacrifice
c) endeavour
d) test
139
CHAPTER 7.
CRIMES
On the completion of this chapter your knowledge of
English will help you: q
Make the difference between the types of crimes.
Express yourself better in the field of law! q
A simple definition of the word crime would be: the
action or an instance of negligence that
is deemed injurious to the public
welfare or morals or to the interest of the
state and which is legally prohibited.
If the seriousness of a crime is
the classification criterion, crimes are classified as:
infractions, felonies and misdemeanours.
The difference is that:
An infraction, sometimes called a petty offense - is the
violation of an administrative regulation, an ordinance, a
municipal code, a state or local traffic rule. Infraction is not
considered a criminal offense and is not punishable by
incarceration.
A misdemeanour - is a less serious crime such as: petty
theft, shoplifting, driving under the influence (DUI), reckless
driving, prostitution, disorderly conduct, vandalism, trespass,
140
discharging a firearm within city limits, drugs possession. As a
rule, misdemeanours carry a fine and jail sentence of less
than a year.
A felony - is the most serious crime such as: an act of
terrorism, treason, arson, murder, rape, robbery, burglary, and
kidnapping and consequently it carries a year or more in prison.
From the point of view of the intended victim or target
generally crimes can be divided into: personal crimes,
property crimes, inchoate crimes, and Statutory Crimes.
Personal Crimes or Offenses against the Person are crimes
that result in physical or mental harm to another. Personal
crimes include: assault, battery, kidnapping, homicide – crimes
such as first and second degree murder and involuntary
manslaughter, and vehicular homicide, rape, sexual assault and
other offenses of a sexual nature.
Property Crimes or Offenses against Property are crimes
that do not necessarily involve harm to another person.
Instead, they involve an interference with another person’s
right to use or enjoy their property. Property crimes
include: larceny (theft), robbery (theft by force - also considered a
personal crime since it results in physical and mental harm),
burglary, arson, embezzlement, forgery, false pretences, receipt of
stolen goods.
Inchoate Crimes – Inchoate translates into incomplete,
meaning crimes that were begun, but not completed. This
141
requires that a person take a substantial step to complete a
crime, as opposed to just ―intend‖ to commit a crime.
Inchoate crimes include: attempt – any crime that is attempted
like “attempted robbery”, solicitation, conspiracy.
Statutory Crimes refer to violation of a specific statute
and can involve either property offenses or personal
offense. Statutory crimes include: alcohol-related crimes such
as drunk driving (DUI), selling alcohol to a minor.
https://www.justia.com/criminal/glossary.html
The word bucket fills your brain!
Read and learn the meaning of some words and phrases
indispensable to legal profession!
abet (vb.) – a fi complicele cuiva; a încuraja, a
îndemna, a instiga (la o faptă rea), a încuraja (un
viciu, o crimă)
to abet a person in a crime – a instiga o persoană la
crimă
to aid and abet – a fi complice
abetment (s.) – aţâţare, instigare, încurajare (la ceva
rău)
abetting (s.) – aţâţare, instigare, încurajare
aiding and abetting – complicitate
abettor (s.) – instigator; complice
142
accessory – complice
accessory to murder – complice la crimă
accessory after the fact – tăinuitor (al faptei)
accessory before the fact – instigator (la faptă)
assault and battery – (atac şi) vătămare, molestare
bias I. (s.) – favorizare; predilecţie; parţialitate; II. (vb.) a
influenţa, a aduce prejudicii; a afecta;
bias crime – infracţiune comisă din prejudecăţi (rasiale,
religioase, etnice, etc.);
judges with/without political biases – judecători
cu/fără simpatii politice
to bias a witness against the defendant – a influenţa
un martor să depună mărturie împotriva inculpatului;
to withheld information on the grounds that it would
bias the verdict – a nu da publicităţii informaţiile pe
motiv că ar influenţa verdictul
143
Practice makes perfect! Solve the exercises!
1. Match the definitions with the corresponding words:
A person that helps someone else commit
a crime, either before or after the crime.
Aggravated
assault
An unlawful attack by one person upon
another for the purpose of inflicting
severe or aggravated bodily injury. This
type of assault usually is accompanied by
the use of a weapon or by means likely to
produce death or great bodily harm.
Accessory
A defense claim that the accused was
somewhere else at the time a crime was
committed.
Bail
Money provided to the court to
temporarily allow a person's release from
jail and assure their appearance in court.
Alibi
A judgment of guilt against a criminal
defendant. Embezzlement
The unlawful misappropriation or
misapplication by an offender to his/her
own use or purpose of money, property,
or some other thing of value entrusted to
Conviction
144
his/her care, custody, or control.
The unlawful taking, carrying, leading, or
riding away of property from the
possession or constructive possession of
another.
Parole
The release of a prison inmate after he has
completed part of his or her sentence in
prison. When the parolee is released to
the community, he or she is placed under
the supervision of a probation officer.
Larceny-Theft
A written order issued by a judge that
directs a law enforcement officer to search
a specific area for a particular piece of
evidence.
Search
warrant
2. Put a (an) or the in the sentences below, where you think
necessary, according to the context:
1. Making allowance for his age, the police
considered teenager did a good job in the robbery case.
2. youth is the age when life seems easy.
3. For youth nowadays there are several temptations as
compared to their parents.
4. This woman is good Magistrate, able to take
responsibility as she has experience of whole lifetime
behind her.
145
5. responsibility of being Magistrate requires
experience.
6. He is one of best lawyers; he is well trained because
he was given scholarship abroad when he was
student.
7. life is difficult for most people, but most of them
consider that life wouldn’t be worth living without
hope.
8. What exactly is your idea of happy life?
9. It must be most awful thing for those people who
experience death of somebody dear but everyone
faces death sooner or later.
10. Many elderly people suffered from influenza this
winter and unfortunately influenza granny had caused
her much trouble.
11. All members of Government assert that
industry must develop more all over country, to solve
unemployment problem.
12. industry of developed countries supplies goods
for export and provides employment for lot of
people.
13. It makes no difference to me if I am appointed a
magistrate, but it made all difference to him that he was
appointed magistrate.
15. Can you tell me difference between felony and
146
misdemeanour?
16. thief passes for gentleman when stealing has
made him rich.
17. news about his arrest shocked everybody.
18. green is colour when passersby may cross the
street.
19. fathers usually take responsibilities and earn their
families’ living.
20. father of that family was alcohol addict so it was
relief when he left them.
3. Reading comprehension:
The Rollover Accident
Rollover accidents are responsible for highways or
roads fatalities as well as punishments for the guilty ones
because in rollover accidents car occupants may be killed or
seriously hurt.
Read the text below on the subject and answer the
questions:
The man was driving on a national highway when
suddenly he felt the van's tire hit something like a bump
and this disrupted the forward motion of the vehicle.
He was driving around a curve, and it is true that he
was driving very fast. He felt he was losing control; the van
went off the road and rolled over.
147
Luckily, no one was hurt. The man is okay, but he is
frightened and upset. The roof of the vehicle is damaged
and the right door is broken. The driver has car insurance,
but his insurance rate will go up because this accident will
be on his record.
After several minutes, as it took him to come into his
senses, he called the police, and they are on the way.
Meanwhile a few other drivers stopped to see what
happened and to offer help.
Our man also called his insurance company and his
wife. She was horrified and wanted him to go to the
hospital for a medical examination, but the man thinks he’s
okay, and he doesn’t want to go to the hospital. He just
wants to go home. After realizing the seriousness of the
situation he begins to feel satisfied he did not cause a
tragedy. Someone might have been killed and he could
have gone to prison. Or…he might have been dead!
Now, a little calmer and composed, the man
remembered a friend’s accident. It was a hit-and-run with
severe legal consequences. Besides the suspension of the
driver's license (lifetime revocation of a driver's license was
suggested) his friend was punished by imprisonment as this
act is frequently considered a criminal offense. The
insurance company also void the policy.
a) State if the following sentences are true or false:
148
1. The man’s car rolled over when he was driving too fast
around a curve.
2. He called the police, his car insurance company, and his
wife.
3. The driver is severely wounded.
4. The car is hardly damaged.
5. The man doesn’t want to go home because his wife is
angry.
b) What about you?
1. Have you got a driver’s license.
2. Are you a fast or slow driver?
3. Are you afraid to drive on the highway?
4. Have you had any accidents?
5. Has your car insurance went up after I had an accident.
6. Do you as a rule obey the traffic rules?
7. Have you ever been fined for speeding?
8. Have you ever been involved in a car accident?
9. Give your opinion on the legal consequences for the
perpetrator of a road traffic accident in which people die.
149
ABOUT SOME DEGREES OF
KINSHIP AND OTHER
RELATIONS
Being related to a person or people through descent,
sharing or marriage is defined as kingship. Kingship is a
social relationship based on real and putative
consanguinity. Two ideas are involved in the organisation
of domestic life everywhere. The first of these is the idea of
affinity and the second is the idea of descent or parenthood.
The people who are relative to an individual through
affinity and descent are known as kin.8 Some of the kins are
very near, while some kins are relatively distant.
A lineal descendant, in legal usage, is a
blood relative in the direct line of descent - the children,
grandchildren, great-grandchildren, etc. of a person.
By bilateral descent they mean the principle whereby
descent is traced equally through males (father) and females
(mother).
A prohibited degree of kinship refers to a degree
of consanguinity between persons that results in certain
actions between them becoming illegal.
8 K. N., Dash, Invitation to Social and Cultural Anthropology, Atlantic Publishers and
distributors, 2004, p.88
150
Two major examples of prohibited degrees are found
in incest and nepotism. Incest refers to sexual relations and
marriage between closely related individuals; nepotism is
the preference of blood-relations in the distribution of a
rank or office. An incest taboo against relations between
parent and child or two full-blooded siblings is a cultural
universal. Taboos against sexual relations between
individuals of other degrees of close relationship vary
between the world's cultures, but stigmatization of unions
with full siblings and with direct descendants are
widespread. One example of criminalization of nepotism is
the restriction the appointment or hiring of relatives
by public officials.
An affin is a relative by marriage. Relatives by marriage
are also named in-laws. Affinal relatives, or in-laws, are all
your relatives by marriage.
Children-in-law
daughter-in-law - one’s son´s wife
son-in-law - one’s daughter´s husband
Parents-in-law
father-in-law - the father of the person one is married to
mother-in-law - the mother of the person one is married to
Siblings-in-law
brother-in-law - the brother of one's spouse or the
husband of one's sibling
sister-in-law - the sister of one's spouse or the wife of
151
one's sibling
A foster parent is that person who acts as parent and
guardian for a child in place of the child´s natural parents
but without legally adopting the child.
A foster-child is a child who is raised by foster
parents.
A step-parent (step-father, step-mother) as a phrase
refers to the man or woman who is married to someone´s
mother or father but who is not their real father or mother
by blood.
A widow is the woman whose husband is dead
especially one who has not remarried.
A widower is a man whose wife is dead especially one
who has not remarried.
As to marital relationships, a person may be:
divorced - married in the past but not now married;
a divorcee is someone who is divorced and who has
not married again;
engaged - having formally agreed to marry and
having a fiancé or fiancée;
separated - living apart but not divorced from an ex-
spouse, ex-husband or ex-wife;
single - not married, or not having a romantic
relationship with someone;
152
spinster - an unmarried woman, typically an older
woman beyond the usual age for marriage;
bachelor - a man who is not and has never been
married; a confirmed bachelor - a man who was
resolute to remain unmarried;
widowed - describes a person whose husband or
wife has died
FAMILY AND RELATIONSHIPS VERBS
get divorced from
get engaged to
get married to
get on well with somebody
marry someone
start a relationship with someone
end a relationship with someone
adapted after http://www.word-power.us
https://en.wikipedia.org
Practice makes perfect! Solve the exercises!
1. Insert the words in the box below in their proper place:
153
obligations, marital, related, have, affinal, Kinship, blood ties,
relationship, used, life, activities, descent
is a part of the social structure. The kin are
related to each other through the relationship only,
whereas the consanguinal kin are to each other
through .
Adopted sons and daughters are also regarded as kin
although they no blood relation of any kind.
Kinship includes through blood and
relationships through marriage that links individuals in a
web of rights and .
The term to designate various kin are called kinship
terms and the whole is called the system of kinship
terminology.
In the different stages of cycles, kinship has an
important bearing on an individual to carry on his .
The kins who are related to each other through direct are
called lineal kin.
154
155
TABLE OF CONTENTS
Foreword ……………………………………………….........4
Chapter 1. Introduction To Law ........…………………… 6
Chapter 2. The Law …………………………… ………… 22
Chapter 3. The Judiciary ………………………………….50
Chapter 4. Legal Services …………………………… ……72
Chapter 5. The Bar ……………………………………… 91
Chapter 6. In Court Room ………………………………..108
Chapter 7. Crimes ……………………………………… 139
156
BIBLIOGRAPHY
1. Academia Româna, Dicţionar Englez Român, Editura
Univers Enciclopedic, 2004
1. Dash, K. N., Invitation to Social and Cultural
Anthropology, Atlantic Publishers and distributors,
2004, available at https://books.google.ro
2. Firică, Camelia, A Glossary of Economic and Legal
Terms and Pgrases, Editura Universitaria, Craiova,
2010
3. Gălăţeanu Fârnoagă, Georgiana, Comişel, Ecaterina,
Gramatica Limbi engleze, Editura didactică şi
pedagogică, Bucureşti
4. H. L. Mencken, The American Language: A Preliminary
Inquiry Into the Development of English in the United
States, New York, Cosimo Inc. 2009. available at
https://books.google.ro
5. Jennings, Ivor, The British Constitution, Cambridge
University Press, 1966
6. Kempin, Frederick Jr., Historical Introduction to Anglo-
American Law in a Nutshell, West Publishing Co.,
1990, available at: https://books.google.ro
7. Nădrag, Lavinia, Limba engleză pentru jurişti, Editura
Funfaţiei Romania de Mâine, Bucureşti, 2001
8. Peter Y. Jia, Simple Approaches to Writing Short Essays:
(for Students of English as a second language), New
York, 2006, available at https://books.google.ro
157
9. Thomson, A.J., Martinet, A.V., A Practical English
Guide, Oxford University Press, 1997
10. Woodhouse, Diana. 2001. The Office of Lord Chancellor,
Oxford and Portland, Oregon, Hart Publishing,
available at https://books.google.ro