ENGLEZA PENTRU JURISTI
PART 1: THE ENGLISH LEGAL SYSTEM
1.The Inns and Outs
Who does what?
Test your knowledge
Answers: 1-D; 2-G; 3-F; 4-A; 5-C; 6-H; 7-I; 8-J; 9-B; 10-E
Lawyers Face the Free Market Test
Vocabulary items:
deregulation = change
cost-effective = financially efficient
constrained = limited
safeguarded = protected
are bound = are obliged
barrister = avocat pledant
ancillary = subordinate, secondary
jurisdiction = putere judiciara
expertise = competence
Legal Ombudsman = a Parliamentary Commissioner who investigates complaints against government department
Lay Observer = observator profan, nespecialist
conveyancing = cesiune
Categories: 1-C; 2-B; 3-D; 4-A; 5-C
Vocabulary search:
financially efficient = cost-effective
to work (as a lawyer) = to practice in the legal profession
restricted = constrained
protected = safeguarded
pleading in court = advocacy
the right to appear in court as an advocate = the right of audience
step/level = certificate
to give/to grant = to issue
pertinent = relevant
qualified or suitable for something = professional
to keep = retain
a person who acts as an intermediary in the buying and selling of property = estate agent
a person who acts as an intermediary between the general public and the Stock Exchange = stockbroker
to handle = to deal with
to get rid of = to abolish
a Parliamentary Commissioner who investigates complaints against government departments or large organisations 222x231c = Ombudsman
to reexamine = investigate
laws or rules intended to protect someone or something from being harmed = jurisdiction
acknowledged = eligible for appointment
special skills or knowledge acquired by training, study or practice = practice
(someone who is) not a member of the profession = non-lawyer
to make (something) difficult by placing obstacles in the way = to hinder
Crown Prosecutors, an Example of Change
Definitions:
a Crown Prosecutor = a prosecutor of the Royal service
to prosecute = to initiate and conduct legal proceedings
a) a da in judecata: Mary Whitehouse successfully prosecuted the editor of the newspaper.
b) a reprezenta acuzarea, a acuza: Mr. Woodby always defends, he never prosecutes.
prosecutor = acuzator, procuror
"lower" courts = courts of justice of minor importance
rights of audience = rights of practice in the court
a solicitor = (only in the lower courts) a solicitor is a lawyer who gives legal advice and prepares legal documents and cases; consilier juridic, jurist, avocat
a local authority = a public figure of the local community
the "duty solicitor" scheme = a schedule for solicitors to be on duty
to take instructions = to receive instructions
criminal case = legal case that has to do with conviction (not civil)
Rearrange the text:
The Crown Prosecution service was set up in October 1986 as a result of a Royal Commission that looked into the idea of separating the investigative process and prosecution itself. Now, however, a powerful national service exists that is completely independent from the police. Before the police had the responsability for both. There were, in fact, several means of obtaining solicitors to prosecute: some, for example, employed solicitors and the police had the same role as a private client.
To conclude, it may be said that this service is working well despite a lack of funding and some difficulty in recruiting staff.
2. The Arms of the Law.
The Judiciary. Magistrates
Definitions:
the judiciary = sistem juridic
Lord Justice = lord is the title used in front of the name of judge, bishops (episcop), and officials of high rank; e.g. the Lord Mayor of London; the Lord Chief Justice
appeal = apel, recurs
Lord Justice of Appeal = judecator la Curtea de Apel
Justice of Peace = judecator de pace; A Justice of Peace is an officer of the Court who judges cases that come before the lower courts.
stipendiary = salariat; (as an adj.) cu salariu: stipendiary magistrate
a magistrate = is an official who acts as a judge in a law court which deals with minor crimes or disputes
offence = delict, infractiune; An offence is a crime.
assault = atac
crime = delict
jury = juriu, totalitatea juratilor
indictable = pasibil de urmarirea penala, care cade sub rigorile legii
manslaughter = omor prin imprudenta
to commit = a trimite la inchisoare; a condamna
committal = arestare
warrant = mandat
to issue = a emite
betting (shop) = agentie de pariuri
panel = comisie, comitet, grup de specialisti
expense = cheltuieli care se deconteaza; at someone`s expense = pe cheltuiala cuiva
to incur = a face datorii; business expenses that arise / incurred outside the office
Vocabulary search:
not an expert (adj.) = lay
to handle = deal with
petty = marunt, neinsemnat, meschin, trivial
infringement of the law = criminal jurisdiction; incalcare, violare
soliciting money or goods = offence
offence that
is tried in the
murder with mitigating circumstances or no mens rea = manslaughter
stealing money, property or goods = theft
sum = amount
to choose = elect
to justify = to warrant
document authorising the arrest of a person or a search of his property = warrant
permission to do something that would otherwise be unlawful = license
the head of the judiciary = the Lord Chancellor
deserving = worthy
that arise = incur
something which proves the existence (or non-existence) of a fact = evidence
helped = assisted
Guided summary:
A lay magistrate, otherwise known as a Justice of the Peace deals with civil and criminal cases that are not serious enough to go as far as the Crown or County Courts. Unlike stipendiary magistrates, who receive a stipend and are allowed to sit alone, they can claim only expenses that arise in the course of their judicial duties. Magistrates handle all summary offences as well as some "either way" offences, where the defendant prefers a case without a jury. They also decide which cases should be referred to the higher courts, during what is termed committal proceedings.
Police Powers
Vocabulary items:
offence = delict, infractiune
to repeal = a abroga, a revoca
burglary = spargere
fingerprint = amprenta
smuggling = contrabanda
warrant = mandat de arestare
manslaughter = omor prin imprudenta
reckless = nesabuit
harm = vatamare, primejduire
charge = accusation
evidence = sample (proba)
under (the Public Order) = sub incidenta
record = cazier
conspiracy = uneltire
interference = amestec, ingerinta
summon = citatie
Translation:
1. Rape is an offence that carries a sentence of at least five years.
2. Police powers undergo changes at present.
3. Arsony for criminal purposes is considered as serious a crime as theft.
4. The texts regarding arrest without warrant are going to be modified.
5. He is suspected by the police of drugdealing.
6. Every time he is being asked a question, he pretends he hasn`t heard or seen anything.
7. Police is going to question the suspect tomorrow.
8. How annoying! This young inspector is always about to require house-search, even when it is not necessary.
9. In England, fingerprints are taken at the Commissariat.
10. The increasing number of criminal offences in Romania starts worrying the authorities.
3. The Court System
The Different Courts
What goes where?
The Initiation of a Case = to sue someone for damages, to bring an action to Court for compensation
The Parties to a Case = the plaintiff, the defendant/the accused
The Judgment = to prosecute, to fine the defendant, to find for the plaintiff, to sentence the accused, to award compensations
The Appeal = to reverse a decision, to quash a conviction, to order a new trial, to substitute an alternative verdict
The right terminology:
prosecuted = sued
accused = plaintiff
the plaintiff = the accused
awarded him damages = sentenced him to
reverse his conviction = substituted an alternative verdict
plaintiff = defendant
Tribunals
Translation:
1. In the fifties a Parliamentary Commisssion drew up a report on the system of tribunals.
2. During the nineties the European Court became more and more important.
3. A lot of judicial reforms were carried out in the last fifteen years.
4. Only in June 1990 the government took a vote on ten Acts as regards education.
5. It`s for the first time that this landlord sued the tenant at law.
6. He hasn`t received but the rent for a month this year ... and it`s already October.
7. The hearing has been lasting for three hours. / The hearing has been on for three hours.
8. The council was created on the basis of the report of the Commission.
9. The public ignored the existence of the adjucative councils during their creation.
4. The Job Market
What`s Right For You?
Vocabulary items:
litigation = litigiu, proces, judecata
liaison = legatura
practice = birou
Vocabulary search:
A consilia = to advice
Cautat = seeked
Provocare = challenge
Volum de munca = volume of work
Disponibil = available
Insolvabilitate = insolvency
Administrator judiciar = administrative receiver
Drept penal = criminal law
Experienta = practice
Consilier fiscal = tax consultant
Formatie = team
Conceput = conceived
Ameliorat = enhanced
Arbitraj = litigation
Retea nationala = nationwide network
Gama larga = wide range
Pertinent = competent
A evalua = to asset
Stagiar = trainee, articled
Definitions:
Scheme = project
Career advancement = promotion
Associate partner = another solicitor working in the same business
Administrative receiver = legal administrator; administrator judiciar
Insolvency = the state of a person or organisation that does not have enough money to pay their debts
Rewards = recompensa, rasplata
Corporate tax = taxes paid by corporations
Bonus = an extra sum of money as a reward for work well done; prima
Articles = the period of being a trainee; stagiatura
Applicant = a person who wants to get a job
Applying for a Job
A Curriculum Vitae: 1-D; 2-C; 3-G; 4-A; 5-E; 6-F; 7-B
PART TWO: LEGAL CONCEPTS
The common law = the general legal system
Jurisdiction = jurisdictie; the power that a court of law or someone in authority has to carry out legal judgements or enforce law
Equity = a) echitate, dreptate; b) jurisprudenta bazata pe legea nescrisa / dreptul antioal; the principle used in law which allows a fain judgement to be made in a case where the existing laws do not provide a reasonable answer to the problem
Statute = act legislativ; lege adoptate de parlament
Statute book = cod penal; culegere de legi votata de parlament
To atomize = divided into a lot of small parts; a se pulveriza, scinda
Jutes = Low-German tribe that settled in Britain in the 5th-6th cent.
Intestate [intesteit] = die without leaving a will; fara a lasa testament
Tenure (of land) = in the legal right to live in a palace or use land or buildings for a period of time
Tenants in chief = Norman noblemen given their land by the king who presided the feudal courts
Tenant = chrias
Self-seeking = egocentric, egoist, interesat
Patrimonial rights = patrimoniu, mostenire, avere
Judicative = judicial
A sitting = is an occasion when an official body such as a law court has a meeting; reuniune, sedinta
Revenue = venit
Forfeiture = pierdere
Amerce = a) (law) punish by fine; b) punish arbitrarily
To resent = to revolt e.g. If you resent something you feel bitter and angry about it; a se indigna, infuria
Impetus = impuls, avant
Exchequer = Ministerul de Finante
Plea = a formal statement by or on behalf of the defendant; pledoarie. A plea is the answer which someone gives when they say they are guilty or not.
Appellate = law (especially of a court) concerned with or dealing with appeals (The Court of Appeal)
To supplant = to take their place; a inlocui
At the outset = de la inceput
Matching: 1-D; 2-H; 3-I; 4-E; 5-A; 6-J; 7-C; 8-B; 9-F; 10-G
The Nature of the Common Law
Language Focus: Prepositions
The judges used to sit on the Assizes.
Offences to the person include murder and rape.
The criminal is to be tried for manslaughter.
When a barrister is admitted to the profession, we say that he is called to the bar.
In common law a mistake only prevents the formation of a contract if it is a fundamental mistake of fact.
A good lawyer must know which rules apply both to common law and equity.
The drunken driver was put under arrest.
The suspect was held in custody before being released on bail.
The Court of King`s Bench had first instance jurisdiction over all wrongs.
A suit now refers to any type of court proceedings though its original meaning was a suit for equity rather than an action of law.
For the winding up of a firm a liquidator is appointed.
The Writ System
Writ = ordonanta, dispozitie
Indorse (endorse) = confirm,, sign; write an explanation on the back of a document
Pleading = pledoarie
Onerous = difficult and unpleasant; oneros, impovarator
Vocabulary search:
Not the same = no more than
At the beginning = originally
To obtain = to acquire
Remedy / the act of making right = to redress
A person party to a court action = litigant
Satisfaction = relief
A court order telling a person that he must fulfil his obligations under a contract = injunction
To be victorious / to take precedence = to prevail
To resist = to defy
Complicated = intricate
To replace = to supersede
To make law = judicature
A person applying for redress against another person in a law suit = plaintiff
Pure / simple = idle
To count on = rely on
Eviction = ejectment
A conveyance of land giving full possession to a person for a fixed period = lease
Agreement / promise = covenant
Responsible in law = liable
Non-respect of an agreement = breach
Definitions:
An injunction = a judicial order restraining a person from an act or compelling redress to an injured party
The "fountain of justice" = the supreme justice
"Conflict or variance" = disagreement
the Court of Chancery = the supreme / Royal court of justice
a tenant = a person who rents land or property from a landlord
equity = natural justice
Translation:
Modern law is complex as compared to equity.
Equity is part of the common law.
The British legal system is the best in the world.
Lawyers play an important part in contemporary society.
In the Middle Ages the king, as the fountain of justice, acted / was very often as both the judge and the judiciary.
In 1875 the English Judiciary changed and "common injunctions" were abolished.
In Paris the angry landlord and the tenant that doesn`t pay his rent are typical litigants in the court of law.
I love law, especially commercial law.
Contemporary law students are the future lawyers and we call upon them to study the use of the article in English.
Vocabulary items:
Practice statement = a statement made in the course of trials; no legal statement
Admonitory (admonition) = warning, rebuke; dojana, admonestare
Obiter dicta = (a thing said by the way by a judge) not essential, without binding authority
A counsel = is a lawyer who gives advice on a legal case and fights the case in court; e.g. That is one of the arguments that is used by defense counsels.
Answer the questions:
The Acts of Judicature of 1873-1875.
A judge`s decision in a particular case constitutes a "precedent".
Binding decision = compulsory; persuasive decision = consider it is material, but not binding
The parts of a decision regarding as binding are called the ratio decidendi of the case; persuasive = obiter dicta
The Court may depart from its earlier decision when it thought it right to do so.
It may depart from its previous decisions in only three narrow situations: where there are two earlier conflicting decisions; where the Court`s earlier decision cannot stand with a subsequent decision of the House of Lords; and when the Court`s earlier decision was given per incuriam (through negligence or oversight).
Language Focus: The Passive: Translate into English:
At the beginning of the century the Courts of Appeal (Appelate Courts) were compelled to apply the doctrine of precedent.
The doctrine of precedent was considered as binding.
Indeed the English law is based on the principle of stare decisis (in other words, what was decided previously must be obeyed).
The judge was compelled to state his verdict on account of a precedent case that was already judged.
Starting 1966 a relaxation is to be noticed.
The English judges were allowed to depart from a previous decision for the sake of jurisdiction.
Nevertheless, there are only three instances when a departure from previous decisions can be made.
It must be noted that only a part of a judgement is taken into account.
Any proposition of law found in the judgement that is not related to ratio decidendi is called obiter dicta.
All along this text many judicial aspects were brought up.
Vocabulary items:
Go-slow = greva cu incetinirea ritmului de lucru
Work-to-rule = greva japoneza
To withhold = a retine
Fall due = i se cuveni, a-i reveni
Repudiatory = a repudia, a respinge
To detract = a scadea, a diminua
Recourse = recurgere
Notice = atentionare, avertizare
Rescission abrogare, anulare
Redundancy = concediere, reducere de personal
To accrue = a se acumula
Concession = concesie
The vocabulary of industrial action:
1-G; 2-L; 3-J; 4-K; 5-O; 6-B; 7-E; 8-D; 9-N; 10-M; 11-A; 12-C; 13-H; 14-F; 15-J
Language Focus: Linking Words:
Dar = but
De fapt = in fact
Cu toate ca though
Asa cum = as
Mai mult / in plus = moreover
Totusi = however
Altfel = but only that
La fel = any more than
Deoarece = since
Din aceasta cauza = thereby
Daca da . sau nu = whether or not
In timp ce = during
Asa incat = in that
In acest scop = here
Bineinteles = indeed
Translation:
As Mr. X took part in a go-slow strike 10% of this month wage will be withheld.
Although the workers preceded the strike by a notice they are liable of breach of contract.
Moreover, common law enhances the illegal character of the strikes.
In fact, it is difficult to state / assert that the state adopts a neutral stand regarding industrial actions / in its attitude toward strikes.
Even lesser forms of industrial action, such as work-to-rule or go-slow, are punished by law.
The strikers that give a notice simply want to "break" the contract trying to keep the contract alive as long as the employer does not exercise his right of rescission.
If an employee thinks he is the victim of unfair dismissal whether or not he took part in a strike, he can, of course, ask for a judicial decision (an industrial tribunal has jurisdiction to hear his complaint).
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