Engleza tea de Drept

8/8/2019 Engleza tea de Drept

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Romanian-American University

Faculty of Law

Low-Frequency, 1st

year, 1st

semester

Teacher: assistant lecturer-PHD candidate Preda Mariana

Topic 1: Law

Objectives:

-Practising reading skills;-Introducing and practising the vocabulary related to law and types of law-Practising word-order in a sentence and question tags

The Content of the lesson

Rules of conduct of any organized society that are enforced by threat of punishment if they are

violated. Modern law has a wide sweep and regulates many branches of conduct.

Law is the formal regime that orders human activities and relations through systematic

application of the force of politically organized society.

Law

Old English lagu, of Scandinavian origin

1. A rule of conduct or action prescribed or formally recognized as binding or enforced by acontrolling authority as:

a. a command or provision enacted by a legislatureb. something (as a judicial decision) authoritatively accorded binding or controlling

effect in the administration of justice

Example: that case is no longer the law of this circuit2.

a. a body of lawsExample: the law of a state

broadly: laws and justice considered as a general and established entity

Example: the law looks with disfavour on restraints on alienation

b. "common law"3.

a. the control or authority of the law


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Example: maintain law and order

b. one or more agents or agencies involved in enforcing lawsc. the application of a law or laws as distinct from considerations of factExample: an error of law

(See also issue of law at question 2)

4. the whole body of laws and doctrines relating to one subjectExample: contract law

5.

a. the legal professionExample: practice law

b. the nature, use, and effects of laws and legal systems as an area of knowledge orsociety

Example: the politics of law

Development of Early Law

Law does not develop systematically until a state with a centralized police authority has

appeared. For this development a written language is not required, but necessarily the earliest

known legal codes are those of literate societies. Examples of early law systems are to be found

in the code of Hammurabi (Babylonia), the Laws of Manu (India), and the Mosaic code

(Palestine). These codes show what would seem to be the universal tendency of the religious and

ethical system of a society to produce a legal order to enforce its ethical and social mandates. In

classical antiquity the first codes of law are those attributed to Solon and to Lycurgus.

Roman Law and Its Influence

The first law code in Roman history was the Law of the Twelve Tables, the prelude to thedevelopment of Roman law, a highly elaborate system that has had immeasurable influence on

the growth of Western law. It was summarized in the Corpus Juris Civilis in the time of

Justinian. Roman law developed the distinction between public law (in which the state is

concerned directly, e.g. treason and taxation) and private law (concerned with disputes between

persons, e.g. over contracts).

The breakup of the Roman Empire under the pressure of the Germanic invasions brought the

disruption of the Roman legal administration. Feudal law showed the effects of Roman law,although in theory it was based not upon any concept of the state but on personal relations.


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In the Renaissance the study of Roman law was revived. It became the basis of most Continental

law, as exemplified in the French Code Napolon, the archetype of codes that govern the

jurisdiction of civil law.

Anglo-American Law

In England after the Norman Conquest the feudal law was ultimately replaced by the law of the

royal courts, such as the Kings Bench. The royal courts developed common law, i.e. judicial

legislation as opposed to the law of the formally enacted statute. Common law adhered

excessively to precedent, and equity, exercised by the king's chancery, appeared, with its reliance

upon the dictates of conscience rather than upon precedent.

The two systems became bitter rivals. In the early 17th century Francis Bacon championed

equity, while such eminent jurists as Edward Coke upheld the common law. In the 18th centuryEnglish jurisprudence stressed natural law (the theory that law must incorporate the natural

rights of humans).

The work of Blackstone was the most important influence in U.S. law (except for Louisiana,

Puerto Rico, and the Virgin Islands, where Continental civil law prevailed). Among those who

helped to develop the American concept of law were James Kent and Joseph Story; in

constitutional law the most important figure was John Marshall. In the United States the

distinctive feature is the coexistence of federal and state law, for the U.S. Constitution limits the

sphere in which federal law is supreme.

Vocabulary:

Law = lege, drept

Threat = ameninare

Punishment = pedeaps

To violate = a nclca (ex: o lege)

Sweep = raz de aciune

To regulate = a reglementa

Branch of = ramur a

Conduct = comportament

Binding = impus, obligatoriu

To enforce = a impuneCommand = ordin

Provision = prevedere

To enact = a elabora, a redacta

Legislature = legislatur

Circuit = circumscripie

Restraint = restricie

Alienation = alienare

To maintain = a ntreine

Issue = chestiune, problem

Knowledge = cunoatere

Code = codMandate = mandat


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Treason = trdare

Statute = statut

Precedent = precedent

Equity = echitate, dreptate

Chancery = cancelarie

Reliance upon = dependen, ncredere (a te baza pe)

Jurisprudence = jurispruden

Feature = caracteristic, trstur

Exercises

Answer the following questions:

1. What does the term law generally mean?2. What are the earliest known legal codes of laws?3. What distinction did Roman Law draw in the Ancient times?4. What did the England Law basis consist of after the Feudal time?5. What is the distinctive feature in the American Law?Grammar:

Topics: S+V+DO+IO+Pl.+Ti+Mo

Questions

Topics: Question Word + Aux.vb. +Sb. + Vb.

Who, what, how, where, when, why, whom, whose,

How long, how far, how much, how many, what about, how about, why not

Exercises

Complete the following questions:

1. do they invite to the party?2. are you looking sad?3. do you go on your holidays?4. doesnt he go to the meetings?5. does he work at the weekends?6. is this pink pencil?7. does she say to you?8. does she know the answer?9. do you think you will finish?10. have you been here?


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11. my friends?12. is she dancing with?13. are you talking to?14. are you coming from?15. having lunch at the restaurant?The verb to be

S + BE + VB (am, is, are) She is amusing.

BE + S + VB? Are you a pilot?

S + BE + Not + VB They are not here now.

The verb to have

S + HAVE/HAS (+ GOT)HAVE/HAS + S + GOT? DO/DOES + S + HAVE?

S + HAVE/HAS + Not (+GOT) S + DO/DOES + Not + HAVE

She has such beautiful eyes!

Have they got a blue car? Do they have a blue car?

He has not got a lot of money. He does not have a lot of money.

Negative questions:Arent you hungry?

Dont you have enough time?

Isnt he thirsty?

Doesnt she have a good job?

Tag questions:

He is a very clever boy, ISNT HE?

You have a new car, DONT YOU?

He will leave tomorrow morning, WONT HE?

They had not come back before he realized that, HAD THEY?

SB+VB+.., VB+not+SB?/ SB+VB+not+.., VB+SB?

Exercises

Complete the following questions:


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1. They want to rent a room,.?2. He can speak 5 languages,..?3. She does not believe my stories,..?4. The man in white who crosses the street, at this time every morning, is your

neighbour,?5. He is never wrong,.?

Tests

I. Answer the following questions:

1. Your friend says he is feeling very unhappy. What could you say to him?2. You are at a party and you feel dizzy. What do you say?3. You are at a caf and you see a very interesting person. You want to know more about

him/her. How can you approach this person?

4. You have a terrible headache. Your friend comes into and begins to speak loud. What doyou tell him?

5. Your phone rings late in night. What do you answer?6.

You wait for a friend at the cinema and he doesnt come. You meet him the very next day.What will you say?

II. Give the Romanian equivalents:

Roman Law =

Public Law =

Private Law =

Feudal Law =

Continental Law =

Western Law =

Common Law =

Federal Law =

Natural Law =


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Topic 2: Classifications of Laws

Objectives:

-Practising reading skills;-Introducing and practising the vocabulary related to types of law-Practising Present Tense Simple and Present Tense Continuous


There are several different ways in which laws can be classified, depending on the criteria,

characteristics, or tests that are applied for setting up the categories. These classifications are not

absolute: they depend on context and purpose. Thus it is possible to classify laws according to:

2. the extent, or scope of application of laws;3. the sources or origins of laws;4. the extent to which laws relate to the State or to the private individual;5. the extent to which laws relate to criminal offences, or relate to civil claims;6. the subject matter of laws;7. the extent to which laws provide for procedures and processes for determining and

enforcing obligations.

I. Classification by extent or scope

This classification divides the laws according to the extent of the geographical or political area to

which they apply. It divides the total field of law into the categories of International Law and

Domestic or Municipal Law.

International law is the law that operates outside a country. It is usually subdivided into:

- public international law, which is the law regulating relationships between states; and


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- private international law, which is the law regulating relationships between individuals

outside a country.

Domestic (or municipal law) is the law that operates within a country. Such law is national

(applying throughout the whole country) or regional (applying within a particular section of the

country such as a state, province, or district). At the most immediate level of administration,

such regional law is often called local law, since it is law that operates only within a certain

limited area or locality within a country, such as a subdistrict, municipality, city, or town.

II. Classification by source or origins

One possible classification based on the sources of the law in the system is the division of law

into: Common Law, Civil Law, Canon law and Muslim law.

Common Law. System of law that prevails in England and in countries colonized by England.

The name is derived from the medieval theory that the law administered by the king's courts

represented the common custom of the realm, as opposed to the custom of local jurisdiction that

was applied in local or manorial courts.

Civil Law. A modern legal system based upon Roman law, as distinguished from common law.

Civil law is based on written legal codes, in which disputes were settled by reference to a written

legal code arrived at through legislation, edicts, and the like; common law is based on theprecedents created by judicial decisions over time.

Canon law comprises the laws of the Anglican, Eastern Orthodox, Roman Catholic churches. In

Western culture, canon law is the law of the Roman Catholic and Anglican churches. The

Eastern Orthodox concept of canon law is similar to but not identical to the more legislative and

juridical model of the West. In both traditions, a canon is a rule adopted by a council; these

canons formed the foundation of canon law.

Muslim (Islamic) Law. The Muslim legal system is an autonomous legal system that is actually

religious in nature and predominantly based on the Koran. In a number of countries of Muslim

persuasion it tends to be limited to personal status, although personal status can be rather broadly

defined.

III. Classification by relationship to state or private individual

Laws can be classified according to whether they are Public, or Private Law. Public law refers

to law that is mainly concerned with matters relating to the State, whereas private law is mainly

concerned with matters relating to private individuals.


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Constitutional law, and administrative law are regarded as falling within the first category. Most

other kinds of law, e.g. contract law, land law, or family law, are regarded as falling within the

second category. Some topics of law fall partly within the public law category and partly within

the private law category. Examples of this include criminal law and revenue law.

IV. Classification by relationship to criminal offences or civil claims

Laws can be classified as Criminal or Civil according to whether they relate to conduct that is

regarded as criminal (or punishable by the State); or whether they relate to liability for civil

claims by other persons. Criminal law, criminal procedure, and some aspects of the law of

evidence may be regarded as failing into the first (criminal) category. Other topics of law fall

into the second (civil) category.

Vocabulary:

According to = n conformitate cu

Claims = plngeri, pretenii, revendicri

Domestic = intern

Realm = regat

Manorial = de pe moii

To be settled by = a fi rezolvat, soluionat de

Edict = edictCanon = canon

To comprise = a cuprinde

To tend = a tinde

To set up = a stabili

Exercises

I. True or false:b.It is possible to classify laws according to the procedures and processes for enforcing

obligations.

c.Domestic Law operates outside a country.

d.Civil Law is distinguished from Common Law.

e.Canon Law comprises both Eastern Ortodox laws and Roman Catholic ones.

f.Public International Law regulates relationships between individuals within a country.


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II. Match the words (from the left) with the proper prepositions (from the right) according

to the text:

Depending up

According throughout

Setting onProvide to

Subdivided within

Applying on

Based into

Opposed for

Applying to

Settled toLimited by

Adopted by

Grammar:

PRESENT TENSE

Present SimpleForm:

Af. Sent.: SB+VB(pers.3 sg.s/-es)

Int. Sent.: DO/DOES+SB+VB?

Neg. Sent.: SB+DO/DOES+NOT+VB

Use:

-a habit or a rule

-general truth

-a state that stays the same for a long period of time

Notes:

Verbs that end in -es: -ss, -zz, -sh, -ch, -x, -o.

Verbs that end in cons. +y= -ies.

Adverbs of frequency: never, ever, rarely, seldom, often, usually, always, sometimes

Adverbs of time: every day, at weekdays, every morning, all the time

Ex.:

She always wakes up at 8 oclock in the morning.


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He usually spends his summer holiday at the seaside.

Present Continuous (Progressive)

Form:

Af.sent.: SB+ BE(AM, IS, ARE)+ VB-INGInt. sent.: BE+ SB+ VB-ING

Neg.sent.: SB+ BE+ NOT+ VB-ING

Use:

-now

-for a limited period of time or near the present

-a temporary activity

-a planned future arrangement

Notes:

Verbs that end in -e lose -e: smoking

Verbs that end in -ee keep the final -e: seeing

In verbs of one syllable, the consonant is doubled: stopping, running (exceptions: if the

consonant is y or w, this is not doubled: playing, showing)

Adverbs of time: now, at this very moment, at this time in the night

Ex.:

They are going out right now.

He usually lives at the hotel, but this month he is living at his brother.

Exceptions:

Verbs of permanency:

Vbs. of mind: know, understand, think, believe, mean, doubt, forget, remember, agree, expect,suppose, imagine, realize

Vbs. of emotion and feeling: like, dislike, love, hate, care, prefer, want

Vbs. of 5 senses: see, hear, touch, taste, smell

Vbs. of possession: have, own, belong

Certain other verbs: need, contain, depend, consist, cost, seem

When they have their first meaning, in a sentence, they can not receive -ing.

Ex.: I think it is a very interesting movie.ButIm thinking about you.


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He has a wonderful house

ButShe is having a shower now.

I see a bird.

ButThe teacher is seeing about our trip.

OrAre you seeing him tomorrow?

EXERCISES

I. Choose the correct sentence:

a) She speaks Russian very well.

b) She is speaking Russian very well.

c) Look at that man! He wears such a funny hat!

d) Look at that man! He is wearing such a funny hat!

e) Do not take that book back to the library! I am reading it.

f) Do not take that book back to the library! I read it.

g) They have 2 daughters and a son.

h) They are having 2 daughters and a son.

i) We are thinking the opera is boring.

j) We think opera is boring.

k) Do you understand Spanish?

l) Are you understanding Spanish?

II. Complete the verbs in brackets:

1. They (live) with their friends until they can find a flat.2. The Nile (flow) into the Mediterranean.3. The offices on the second floor (belong) to an insurance company.4. He usually (enjoy) parties, but I (not think) he (enjoy) this one.5. What size shoes (your wife - take), sir?6. Mr. Sellers (catch) the 8.00 train every morning, but today he (drive) his new Rover.7. Why (you-put) on your raincoat? It (not-rain).8. This meat (smell) awfully bad.9. Susan (like) dancing very much.10. Listen! Somebody (shout) in the street.11. I (not-think) he (hide) anywhere. I (be) afraid the police (held) him.12.

Miss. Park (talk) to John in the hall. Can you see her?

III. Translate into English:


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1.Deseori ncep cte o carte i o las neterminat pentru c lucrez mult i sunt mereu obosit.

2.Vecinul meu pariaz rareori pe cai aa c nu cred s cheltuiasc vreodat muli bani cu toate c

are o slujb bun i ctig bine.

3.De obicei sngerezi cnd te tai la deget, dar dac tu nu sngerezi de loc, nseamn c eti

deosebit.4.Ori de cte ori arzi pe foc mncarea pentru so, nu te necji. ntreab-l dac are bani s

5.mncai n ora, iar dac refuz, du-te singur i las-l s flmnzeasc. Asta d ntotdeauna

rezultate.

6.De obicei, vara, el construiete case, dar anul acesta face o excursie n strintate i nu tie ct

o s dureze aceasta.

7.Nu vorbi aa tare! Nu vezi c tocmai prind cel mai mare pete din ru?

8.Pleac chiar n acest moment pentru a prinde avionul de Australia aa c nu cred c te maiaude.

Tests:

I. Translate into English:

1. Cumnata ei vine n fiecare an s m ajute la curenie n casa de la mare, dar anul acestanu vine fiindc are n grij un copil de 1 an.

2. i arat inelele pentru a-i lua msur i a-i face o mare surpriz. Sunt sigur de asta!3. Chiar n aceast clip ei aleg o actri pentru rolul Ofeliei.4. Chirurgul opereaz n condiii foarte proaste, dar e prea periculos s mai atepte.5. Tocmai taie felii de pine i pregtete prnzul fiindc ne e foarte foame.6. Cunosc un ceretor care se preface cnd i cnd c e orb, iar a doua zi l vezi urmrind un

film la cinema i apoi, cerind bani fiindc chiopteaz ru.

7. De obicei la aceast or din noapte doarme adnc, dar dac tu zici c danseaz nu tecontrazic, dei pot s jur c nu se aude nici un zgomot.

8. Ce faci cu calul pe care clresc eu de obicei?9. Vreau s tiu cnd cltoreti peste hotare, ce afaceri desfori i ce parteneri ai.10. Se tot uit pe geam. Sunt sigur c ateapt pe cineva.11. Nu-mi amintesc de tine, dei pot spune c rareori uit figurile oamenilor pe care-i

ntlnesc n cltoriile mele.

12. Vine n fiecare zi la bibliotec, dar nu citete nimic. Se aeaz la masa din dreapta i seuit spre u de fiecare dat cnd intr cineva.


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13. ntotdeauna deschide radioul la micul dejun i ascult tirile i uneori programul demuzic, care ncepe la ora 7.45.

II. Fill the gap with the correct form of the verb:

A- Alec and Mary are Scotts. They (come) . from Glasgow.

B-They will be here very soon. They (come) .. by car.

A- Lisa cannot answer the phone . She (have) a bath.

B- She (have) .. 2 new pairs of jeans.

A- I (think) that all politicians tell lies.

B- I (think) . about my girlfriend. She is in New York at the moment.

A- We (not enjoy). this party at all. The music is too loud.

B- We (enjoy). going to big parties at our mountain chalet.

A- Be quiet! I (watch) .. my favourite TV program.

B- I always (watch) . it on Thursday evenings.

III. True or false?

Jim is not wanting an icecream. He does not like it.

We are enjoying the lecture very much. We are learning a lot.

I am understanding you, but I am not agreeing with you.

Do you think that Vanessa plays golf well?I am sorry. I am not knowing the answer.

I does not believe you. You tell lies.

They know the car costs a lot, but they really want to buy it.

Look! She listens to a French song, but she do not understand what it is meaning.

Correct them all!

Topic 3: Classifications of Laws (II)

Objectives:

-Practising reading skills;-Introducing and practising the vocabulary related to types of law-Practising Past Tense Simple and Past Tense Continuous



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V. Classification by subject matter

A very common way of classifying laws is to set up the categories on the basis of the subject

matter that the laws deal with. It is usual to recognise that the subject matter of laws can be

classified into the following main categories:

contracts law; torts law;

property law;

intellectual property law;

family law;

business or commercial law;

criminal law;

constitutional law; administrative law;

revenue law;

law of procedure;

law of evidence.

Contracts law. Contracts are agreements made between people or bodies who have legal

capacity to do so. Such contracts or agreements are enforced by the courts if they are satisfied

that the agreements: are intended to be binding; are not illegal or contrary to public policy; andare not based upon some fundamental mistake made by both parties or caused by one of the

parties.

Torts law. Torts are civil wrongs that are committed when one person causes injury, damage or

loss to another person in circumstances that the courts consider should render him liable to pay

damages to compensate for the harm he has caused. Some torts are also criminal offences and

are punishable by the State, as well as giving rise to liability to pay damages to the individual

suffering injury.

Property law is the law that governs the various forms of ownership in real property (land as

distinct from personal or moveable possessions) and in personal property, within the common

law legal system.

Intellectual property law. Intellectual property is a form of legal entitlement that allows its

holder to control the use of certain intangible ideas and expressions. The most common forms of

intellectual property include patents, copyrights, trademarks, and trade secrets. In civil law

jurisdictions, intellectual property has often been referred to as intellectual rights.


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Family law. Family law is concerned with the law relating to births, deaths and burials,

marriages, nullity of marriage, divorce or dissolution of marriage, the custody of children of a

marriage, and the rights to property of a marriage.

Business or commercial law. This law is concerned with those matters of particular importance

to business or commerce, especially such matters as companies, partnerships, agencies and sale

of goods.

Criminal (penal) law. The branch of law that defines crimes, and provides for their punishment.

A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as

an offence committed against the public, even though only one individual may have been

wronged. The real distinction lies in the way a remedy for the wrong is pursued. A tort is a

wrong for which the remedy is pursued by, and at the discretion of, the injured individual or hisor her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the

state for the purpose of punishment.

Constitutional law. Constitutional law is made up of the rules that regulate the powers and

relationships of the main organs of the State: Head of State, Government Ministers, Ministries

and Departments, Public Service and Courts.

Administrative law. Administrative law is concerned mainly with the rules regulating therelationship between the agencies of the State and private individuals. In particular, such rules

define the limits of the powers of the State agencies, and control the way those powers should be

exercised within those limits.

Revenue law. This is the body of law that determines what revenues the Government can require

people to pay to it to finance its operations and other activities it is supporting. Taxation is

usually divided into two kinds: direct taxation (imposed directly upon a person, e.g. income tax,

death duties, or gift duties) and indirect taxation (imposed indirectly, usually as customs duties

on imports and exports, and taxes on goods and services).

Law of Procedure. The law of procedure regulates the way in which proceedings are brought in

the courts. Usually the topic is divided into:

the law of civil procedure, which regulates the bringing of civil proceedings;

and

the law of criminal procedure, which regulates the bringing of criminal proceedings.

Law of Evidence. This is the body of laws regulating the evidence that can be produced to a


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court in the course of civil and criminal proceedings. Basically, it is concerned with such matters

as relevance, admissibility and reliability of evidence, and the competence of witnesses.

VI. Classification by provision of substantive rights or procedures for

determining/enforcing such rights

Laws can also be classified as being either Substantive, or Procedural (or Adjectival) Law.

Where they provide substantive legal rights and/or obligations they fall within substantive law.

If they provide procedures by which legal rights and/or obligations can be determined and

enforced, they are termed adjectival law, which can also be called procedural law.

The law relating to the procedures of the courts in civil and criminal proceedings, and to the

giving of evidence in the courts in both civil and criminal proceedings, is regarded as adjectival

or procedural law, whereas the law dealing with other topics, e.g. contracts, criminal law or

property law, is regarded as substantive law.

Vocabulary:

Agreement = acord, contract

Policy = politic

Wrong = ru, greeal

Injury = injuriu

Damage = pagubDamages = daune

Loss = pierdere

To be liable = a fi pasibil de

Liability = rspundere

Harm = ru, stricciune, pagub

Ownership = proprietate

To allow = a permite

Patent = brevet, licen

Licence = licen

Copyright = copyright

Trademark = marc de licen

Nullity = anulare

Dissolution = dizolvare

Wrongdoer = rufctorTo prosecute = a ancheta, a acuza

Revenue = venit anual

Income tax = venit pe cifr de afaceri

Customs duties = taxe vamale

Proceeding = procedur

Concerning = care privete sau se refer la

Regarding = referitor, privitor la

To provide = a oferi, furniza

Exercises

I. Give the Romanian equivalents for:

Contracts Law=


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Torts Law=

Property Law=

Intellectual Property Law=

Family Law=

Business Law=Commercial Law=

Criminal Law=

Constitutional Law=

Administrative Law=

Civil Law=

Revenue Law=

Grammar

PAST TENSE

Past Simple

Form:

Aff. Sent.: S + VB (second form/+-ed)

Int. Sent.: DID + S + VB?

Neg. Sent.: S + DID + NOT + VB

Use:

an action that happened at a specific time in the past and now it is finished

Notes: It is used to tell a story.

Regular vbs.: vb + -ed

Irregular vbs.: the second form of the vb. from the Irregular Verb List.

Adverbs of time: last time, yesterday, few days ago, a day before yesterday, a month ago, in

1998, when I was young, at one time, earlier, lately, a year last January, once ago, long ago, eversince, recently, originally, in the past etc.

Notes:

when the vb. ends ine = just addd; (liked, used);

in vbs. of one syllable, with one written vowel+one written consonant = the consonant is doubled

(stopped, planned);

if there are 2 vowels = the consonant is not doubled (cooked, looked);

if the consonant is y or w = the consonant is not doubled (played, showed);

vbs. that end in a consonant + y = -i+ ed (carried, buried)


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Ex: I read a book yesterday.

Past Continuous

Form:

Aff. Sent.: S + BE (WAS/WERE) + VB-ING

Int. Sent.: BE + S + VB-ING?

Neg. Sent.: S + BE + NOT + VB-ING

Use:

- idea of duration and activity in progress over a period of time

Ex: At 10 clock I was having a shower.

an activity that happened at a particular time in the past, while another activity it is happening

Ex.: When I got home the children were cryingan activity that is interrupted

Ex.: When I arrived, she was making some coffee.

express incompleteness

Ex.: I was reading a book yesterday.

Notes: it is used for description.

Exercises

I. Put the correct form of the verbs in brackets:

He (trip) over the mat while he (cross) the room.

He ( lose) the keys when they (walk) in the park.

She (not hear) the phone because she (listen) to the radio.

He (burn) his hand while he (cook) dinner.

I (dress) when they (rush) into my room.

The dog (start) to bark because someone (try) to get into the house.The driver (sleep) when the car (crash) into the wall.

I (look) the other way when they (steal) my bag.

It (get) dark when we (get) to the town.

Jane (wash) the dishes while I (sleep).

II. What is the right order of the words:

Medicine for sent the you doctor while were the buying nurse the.

Windos inspect the was washed headmaster being to the were classroom expected the because.Park and gates being the all away the were of visitors locked the were because night being at


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driven was it late.

Begin when boss why the she text secretary told must whole again the her type the did to cry?

III Correct each sentence:

Ive been there yesterday.

Have you ever went to Hawai?

I goed there last summer.

It were beautiful there.

What did Einstein?

Shes been born in 1995.

He was dropping that vase on the floor.

IV Translate into English:

1. Tocmai facea curat cind a intrat cineva care i-a cerut o carte despre delicventa juvenila.2. Vecinul suna la usa de o jumatate de ora, pina cind a aparut cineva care sa-l primeasca.

3. Vinzatorul vindea inghetata unei fetite, cind a aparut un ciine care a latrat asa tare incit ceidoi s-au speriat si au fugit, iar ciinele a mincat toata inghetata.

4. Chelnerul a fost indus in eroare de hainele scumpe ale clientului si i-a ingaduit sa plece sisa se intoarca mai tirziu cu banii pentru nota de plata. Chelnerul nu si-a mai vazut clientulnici pina in ziua de azi.

5. In ce trageai ieri in padure, de era cit pe ce sa ma impusti pe mine?

Tests:

I. Translate into English:1. Propietareasa auzi ce-i spunea chiriasul ei soacrei lui, care deja impacheta, hotarita sa

plece din casa si sa nu se mai intoarca niciodata, ceea ce a si facut in cele din urma spre

marea uimire a ginerelui ei.

2. Zidarul cumpara caramizi, cind l-am intilnit, pentru a-si construi o casuta la tara, undespera sa se mute cu intreaga sa familie.

3. Dactilografa a aprins lumina si a inceput sa bata la masina nuvela scriitorului despre unhot foarte faimos.

4. Politistul a pierdut arma si a cautat-o foarte mult timp, dar n-a gasit-o si acum astepta sa fie

pedepsit


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5.A cui masina mergea cu viteza asa mare saptmina trecuta si a facut accident?

II. Translate into English:

1. Prejudiciul companiei se ridic la sume uriae.2. Daunele vor fi suportate de ctre inculpat.3. Majoritatea regulilor reglementate de ctre Dreptul Constitutional sunt prevzute n

Constituie.

4. n unele ri, sunt permise cstorii conform obiceiurilor locale i nu legilor n vigoare.5. n sistemul de drept civil exist o diviziune ntre proprietatea mobila si cea imobila.6. Proprietatea intelectuala include si drepturile morale care nu pot fi vindute sau

cumparate.

Topic 4: Common Law

Objectives:

-Practising reading skills;-Introducing and practising the vocabulary related to common law-Practising Present Perfect Simple and Present Perfect Continuous


In. the traditional unwritten law of England, based on custom and usage, which began to develop

over a thousand years before the founding of the United States. The best of the pre-Saxon

compendiums of the common law was reportedly written by a woman, Queen Martia, wife of a

king of a small English kingdom. Together with a book on the "law of the monarchy" by a Dukeof Cornwall, Queen Martia's work was translated into the emerging English language by King

Alfred (849-899 A.D.). When William the Conqueror invaded England in 1066, he combined the

best of this Anglo-Saxon law with Norman law, which resulted in the English common law,

much of which was by custom and precedent rather than by written code. By the 14th century

legal decisions and commentaries on the common law began providing precedents for the courts

and lawyers to follow. It did not include the so-called law of equity (chancery), which came from

the royal power to order or prohibit specific acts. The common law became the basic law of moststates due to the Commentaries on the Laws of England, completed by Sir William Blackstone in


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1769, which became every American lawyer's bible. Today almost all common law has been

enacted into statutes with modern variations by all the states except Louisiana, which is still

influenced by the Napoleonic Code. In some states the principles of Common Law are so basic

they are applied without reference to statute.

Overview

System of law that prevails in England and in countries colonized by England. In its early

development common law was largely a product of three English courtsKing's Bench,

Exchequer, and the Court of Common Pleaswhich competed successfully against other courts

for jurisdiction and developed a distinctive body of doctrine. The term common law is also

used to mean the traditional, precedent-based element in the law of any common-law

jurisdiction, as opposed to its statutory law or legislation (see statute), and also to signify that

part of the legal system that did not develop out of equity, maritime law, or other special

branches of practice.

All Canada except Quebec and all of the United States except Louisiana follow common law.

U.S. state statutes usually provide that the common law, equity, and statutes in effect in England

in 1603, the first year of the reign of James I, shall be deemed part of the law of the jurisdiction.

Later decisions of English courts have only persuasive authority.

Characteristic Features of Common Law

The distinctive feature of common law is that it represents the law of the courts as expressed in

judicial decisions. The grounds for deciding cases are found in precedents provided by past

decisions, as contrasted to the civil law system, which is based on statutes and prescribed texts.

Besides the system of judicial precedents, other characteristics of common law are trial by jury

and the doctrine of the supremacy of the law. Originally, supremacy of the law meant that not

even the king was above the law; today it means that acts of governmental agencies are subject

to scrutiny in ordinary legal proceedings.

Judicial precedents derive their force from the doctrine of stare decisis [Lat.,=stand by the

decided matter], i.e., that the previous decisions of the highest court in the jurisdiction are

binding on all other courts in the jurisdiction. Changing conditions, however, soon make most

decisions inapplicable except as a basis for analogy, and a court must therefore often look to the

judicial experience of the rest of the English-speaking world. This gives the system flexibility,

while general acceptance of certain authoritative materials provides a degree of stability.

Nevertheless, in many instances, the courts have failed to keep pace with social developments

and it has become necessary to enact statutes to bring about needed changes; indeed, in recent


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years statutes have superseded much of common law, notably in the fields of commercial,

administrative, and criminal law. Typically, however, in statutory interpretation the courts have

recourse to the doctrines of common law. Thus increased legislation has limited but has not

ended judicial supremacy.

Development of Common Law

Early common law was somewhat inflexible; it would not adjudicate a case that did not fall

precisely under the purview of a particular writ and had an unwieldy set of procedural rules.

Except for a few types of lawsuits in which the object was to recover real or personal property,

the only remedy provided was money damages; the body of legal principles known as equity

evolved partly to overcome these deficiencies. Until comparatively recent times there was a

sharp division between common law (or legal jurisprudence) and equity (or equitable

jurisprudence). In 1848 the state of New York enacted a code of civil procedure (drafted by

David Dudley Field) that merged law and equity into one jurisdiction. Thenceforth, actions at

law and suits in equity were to be administered in the same courts and under the same procedure.

The Field code reforms were adopted by most states of the United States, by the federal

government, and by the United Kingdom (in the Judicature Act of 1873).

Vocabulary:

Lawyer = avocatScrutiny = scrutin

Stare decisis = cu privire la ce s-a decis anterior

To superseed = a depi

Remedy = remediu

Merged = care au fuzionat

Exercises


7. What are the distinctive features of Common Law?8. What was the English medieval theory about the administration of law?9. Is the term common law opposed to that of Statutory Law? In what sense?

II. Give synonyms for:

To invade, to include, to use, to provide, to derive, to supersede, to increase, to limit, to recover,

to evolve.

III. How do you say in English the following phrases:


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A se face nevzut; la locul faptei; a face abstracie de; a fi cunoscut sub numele de; a amna pn

la nesfrit.

Grammar:

PRESENT PERFECT

Present Perfect Simple

Form:

Aff. sent.: S + HAVE/HAS (pers 3 sg.) + VBed/3-rd form (participle)

Interog. sent.: HAVE/HAS + S + VB-ed/3-rd form?

Neg. Sent.: S + HAVE/HAS + NOT + VB-ed/3-rd form

Use:

- recent events, without a definite time given.Ex.: Weve missed the bus.

- indefinite events, happened at an unknown time in the past; no definite time is given.

Ex.: Jim has had 3 car accidents up to the present.

- indefinite events that may have an obvious result in the present.

Ex.: She has broken her leg, thats why she cant walk.

- a state that lasts up to present (with state vbs.).

Ex.: Ive lived here for the past ten years.- a habitual action in a period of time up to present.

Ex.: Ive been jogging every morning for the last month.

Contrasts with Past Simple:

Past Simple is used with time expressions which refer to definite times.. The time may be stated

or understood.

Ex.:

Ive bought a new car.I bought a new car last year.

I bought a new car after all.

(The choice between past simple and present perfect may depend on speakers attitude: if he

feels distant in time and place from the event or if he feels separated in time from the event.)

Ex.:

Ive left my wallet in the car. Im going back to get it.

I left my wallet in the car.


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Present Perfect Continuous

Form:

Aff. Sent.: S + HAVE/HAS + BEEN + VB-ing

Interog. Sent.: HAVE /HAS + S + BEEN + VB-ing?

Neg. sent.: S + HAVE /HAS + NOT + VB-ing

Use:

- a state which lasts up to the present moment

Ex.: Ive been waiting for you for 3 hours.

- an incomplete activity

Ex.: Ive been cleaning the house but I have still havent finished it.

- emphasises duration

Ex.: Ive been writing letters all morning.

Notes:

- use for to show the period the action lasts up to.

- use since to show the moment when the action began.

Adverbs:

Yet, just, already, since..., for

Exercises:

I. Answer the questions using the present perfect simple:

10. What films have you seen this month?11. What new places have you visited this year?12. How much money have you spent this week?13. How many holidays have you spent abroad over the past six years?14.

How long have you lived in your present house?

II. Rewrite the sentences, using the past simple tense for one of the verbs in each example,

and the present perfect tense for the remaining verbs:

14. More people (buy) properties abroad since exchange controls (abolishpassive).15. Since British Rail (introduce) its new structures, more people (have) to travel by train.16. Since I (make) my report last year, there (be) a steady improvement in the Companys

trading position.

17. Since the last survey (makepassive) conditions (change) considerably.


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18. Since the new laws (introducepassive), the flow of foreign workers into the country(reduce) a lot.

19. The numbers of unofficial strikes in the factory (go down) dramatically since the newpayment system (institutepassive).

20. The new manager (have) many problems to solve since he (take over) six month ago.III. Rewrite the sentences, using the present perfect tense with since or for, as

appropriate.

c.I last went to dentist six month ago.

d.He last spoke to me about his plans a year ago.

e.When I last met him, he was 15 years old.

f.It last rained 3 weeks ago.

g.The company last made a profit in 2003.

Tests:

I. Translate into Romanian:

During 1931-1933 the B-Ks gang successfully looted banks at such a rapid pace, it became

routine. As part of the planning and strategy for each bank, the gang tried to carry more fire

power than they anticipated the police would have. The machine guns came from either a

connection in NY or the gang members walked into a rural police station after midnight and told

the officer on duty, at gunpoint, they wanted the machine guns. In other words, armed robberies

of police stations.

II. Translate into English:

4.De ce nu i-a dus nimeni o haina pina acum?

5.Nici nu stiu de cind n-am mai mincat ceva atit de gustos.

6.Probabil ca de la o vreme incoace era amenintat si de aceea n-a mai putut pastra taina.

7.Inca nu am gasit ceea ce cautai.

8.Fura ceasuri de mai bine de un an si inca nu a fost prins.

9.N-am condus niciodata masina atit de repede asa ca nu te mira daca o sa fac un accident.

10.De 2 zile haina e atirnata acolo; asta inseamna ca n-a venit nici pina azi.

11.Sta acolo de citeva ore si vinde carti.12.De ce il tin in inchisoare de atita vreme caci noi stim ca n-a facut nimic rau.


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13.Ai mai locuit vreodata intr-un apartament atit de scump?

Topic 5: Civil Law

Objectives:

-Practising reading skills;-Introducing and practising the vocabulary related to civil law-Practising Past Perfect Simple and Past Perfect Continuous


Civil law has at least three meanings. It may connote an entire legal system, or either of two

different bodies of law within a legal system:

1. a legal system (by contrast to the Common law system)

2. the set of rules governing relations between persons (either humans or legal personalities such

as corporations); here the contrast is public law, especially criminal law;

3. Secular law, as opposed to canon law or natural law.

1. A legal system (by contrast to the Common law system)

Civil Law is a modern legal system based upon Roman law, as distinguished from common law.

Civil law is based on written legal codes, a hallmark of the Roman legal system, in which

disputes were settled by reference to a written legal code arrived at through legislation, edicts,

and the like; common law is based on the precedents created by judicial decisions over time. The

tendency in civil law is to create a unified legal system by working out with maximum precision

the conclusions to be drawn from basic principles. The civil law judge is bound by the provisionsof the written law. The traditional civil law decision states the applicable provision from the code

or from a relevant statute, and the judgment is based upon that provision.

With a few exceptions, the countries on the continent of Europe, the countries that were former

colonies of such continental powers (e.g., the Latin American countries), and other countries that

have recently adopted Western legal systems (e.g., Japan) follow civil law. It is also the

foundation for the law of Quebec prov. and of Louisiana. Modern countries that do not adhere to

the civil law (this includes Great Britain and all the United States except Louisiana) for the most

part were colonized by England and apply the system of common law prevailing there.


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2. As opposed to criminal law

Unlike criminal law, Civil law regulates relationships amongst persons and organizations. Civil

law, in this sense, is usually referring to redress to civil law courts (as opposed to criminal

courts) and is often used as a means to resolve disputes involving accidents (torts such as

negligence), libel and other intentional torts, contract disputes, the probate of wills, and trusts,and any other private matters that can be resolved between private parties. Violations of civil law

are considered to be torts or breaches of contract, rather than crimes. Depending upon the

regional government, this field of law contains commercial law and some kinds of administrative

law remedies, though sometimes administrative law judges adjudicate penal law violations such

as parking tickets and other minor offenses.

Contractual law enforces contracts by allowing a party(the plaintiff), whose rights have been

violated or breached, to collect damages and penalties from a defendant. Where monetary

damages are deemed insufficient, civil courts may offer other remedies; such as forbidding

someone to do an act (eg; an injunction) or formally changing someone's legal status (eg; divorce

or change of name). Civil lawsuits sometimes occur as a result of criminal action, and such a

lawsuit can be successful even when the defendant was found not guilty under criminal law.

Some civil lawsuits, such as under the civil provisions of the U.S. federal RICO (Racketeer

Influenced and Corrupt Organizations) statutes, allow for a private right of action for damages

when someone has suffered due to the violation of certain crimes under federal law (such as mailfraud and other specifically enumerated federal offenses).

3. As opposed to canon law

Civil law (as opposed to "canon law") is the secular legal system of the national government

when there is also a system of ecclesiastical courts governed by a church's laws in the same

country. This was the situation in England that repeatedly caused problems between the two

legal systems, most famously perhaps the one that led to the murder of Thomas Becket during

the reign of Henry II of England.

Vocabulary:

To redress = a indrepta

Negligence = neglijenta

Libel = calomnie

Probate of wills = autentificarea testamentului

Trust = tutelaOffense = infractiune

Offender = infractor

Plaintiff = reclamant

Defendant = inculpat; pirit

To deem = a considera

Remedy = remediuInjuction = hotarire


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Lawsuit = proces

To occur = a se petrece, a se intimpla, a aparea

Due to = conform

Ecclesiastical = ecleziastic

Reign = domnie

Provision = prevedere

Judgement = judecata

To prevail = a predomina

Exercises

I. Find out as many meanings as you can for:

Redress, will, trust, occur

II. Give the opposite for the following:

Regulate, intentional, insufficient, not guilty, written, unified, adhere

III. Study the words in column D. What verbs can you use with them? Write the infinitive,

past and participle forms of the verbs in columns A, B, C. Some letters are given to help

you.

A B C D

Break broke broken a contract, a promise

s t t an invoice, a letter

y d .d in cash, a bill

k e .e a mistake, a profit

.a .e. .e. a report, the newspaper

.l. .e .n by helicopter, by Concorde

.p .t ..t money, time

g.. ..a. .n evidence, advice

b a. .u. a business, a career

.m ..a.. .....o. President, the department manager

l t t confidence, loyalty

Grammar

PAST PERFECT

Past Perfect Simple

Form:


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Aff. sent.: S+ HAD + VB-ed/3-rd form

Interog. sent.: HAD + S + VB-ed/3-rd form?

Neg. sent.: S+ HAD + NOT + VBed/3-rd form.

Use:

an event or action that happened before another particular event in the past.

Example:

They had been married long before he was born.

Past Perfect Continuous

Form:

Aff. sent.: S+ HAD + BEEN + VB-ing

Interog. sent.: HAD + S + BEEN + VB-ing?

NEG. sent: S + HAD + NOT + BEEN + VB-ing.

Use:

-emphasizes the duration of an event happened in the past before another event in the past.

Example:

He had been learning Chinese when he was a child, but he forgot it and now he is learning it

again.

Exercises

I. Join the sentences using by the time as in the example:

The film started. We arrived.

The film had started by the time we arrived.

15. He forgot the phone number. He got to the phone boot.16. We had breakfast. He came downstairs.17. The man slept. His wife came from shopping.18. He smoked 20 cigarettes. We came back by his car.19. The thief burnt all the evidence. The police arrested him.II. Put the verbs in brackets in Past Perfect Progressive, as in the example :

1. When they found him, he had been living in Africa for 12 years.2. When she arrived, I (wait) for more than 3 hours.3. What (they-do)? They got home so dirty and wet.4. When her body was found, she (be) dead for 20 hours.


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5. She said she (drive) that car only for a month.6. They (drink) all night, so they all had hangovers the following morning.III Put the verbs in brackets into Past Progressive or Past Perfect Progressive:

1. The police eventually caught the thief. They look for him for months.2. The sun (not shine) when I took these photographs.3. (The dogbark) when you opened the gate?4. Since the end of the war he (try) to set up his own business.5. By then we had discovered who (steal) money from the company the last 3 years.Tests:

I. Translate into English:20.Nu mai primise pota de mai bine de o lun i se plnsese potaului despre acest lucru,

dar potaul nu l-a luat n seam.

21.De cnd fuseser jafuri n cartier, btrna obinuia s ncuie bine toate uile pe timpulnopii.

22.Vizitase mprejurimile mai bine de o lun, dar tot nu gsise casa n care se nscuse.23.Dormea de cteva ceasuri cnd a venit portarul i l-a dat afar.24.Plecaser de acas de mai bine de o jumtate de or cnd a nceput ploaia.25.Abia sprsese geamul, c a aparut vecinul i a trebuit s-i cear scuze.26.Lipsea de 2 ani de acas cnd a primit scrisoarea despre pierderea cinelui.27.Dezvluise deja afacerile partenerului cnd a venit poliia i l-a arestat.28.Mncase tot tortul i a fost dus la spital cu dureri mari de burt.29.tiuse tot timpul acest lucru dar nu a crezut pn nu a vzut cu proprii lui ochi.

II. Write a short composition about how the Civil Law System contrasts to the Common

Law System

Topic 6: Civil and Criminal Cases. Pre-trial Procedures.

Objectives:

-Practising reading skills;


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-Introducing and practising the vocabulary related to civil and criminalcases;

-Practising Future Tenses.


The law deals with two kinds of cases. Civil cases involve conflicts between people or

institutions such as businesses. A civil case usually begins when a person or organization

determines that a problem cant be solved without the intervention of the courts. In civil cases,

one (or more) of these persons or organizations brings suit.

Criminal cases involve enforcing public codes of behavior as embodied in the laws, with the

government prosecuting individuals or institutions. In a criminal case, the government brings

charges against the person alleged to have committed the crime.

In many parts of the world, civil and criminal legal actions are combined into one case, but in

the US they are not. If there are serious civil and criminal aspects of an event, there will be two

(or more) distinct cases.

Most civil cases are settled by mutual agreement between the parties. A dispute can be settledeven before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the

trial, while the jury is deliberating, or even after a verdict is rendered.

A settlementdoesnt usually state that anyone was right or wrong in the case, nor does it have

to settle the whole case. Part of a dispute can be settled, with the remaining issues left to be

resolved by the judge or jury.

Criminal cases are not settled by the parties in quite the same way civil cases are. However, notevery case goes to trial. The government may decide to dismiss a case, or be ordered to do so by

a court. The defendant may decide to plead guilty, perhaps as a result of negotiations with the

government that result in dismissing some of the charges or recommending leniency in

sentencing. Plea bargains are a very important and efficient way to resolve criminal cases.

Pre-trial Procedures in Civil Cases

Suits begin with the filing of a complaint in the proper court. The person filing the suit is oftenreferred to as the plaintiff; the person or entity against whom the case is filed is often referred to


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as the defendant. 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 complaint states the plaintiff's version of the facts, the legal theory under which the case is

brought (negligence, for example), and asks for certain damages or other relief. The plaintiff

also files with the court clerk a request that a summons (or notice) be issued to the defendant.

After being notified, the defendant has a certain period of time to file an answer admitting or

denying the allegations made in the complaint.

Jurisdiction and Venue

The plaintiff's lawyer must decide where to file the case. A court has no authority to decide a

case unless it has jurisdiction over the person or property involved. To have jurisdiction, a court

must have authority over the subject matter of the case and

the court must be able to exercise control over the defendant,

or the property involved must be located in the area under the court's control.

The extent of the court's control over persons and property is set by law.

Certain actions are transitory. They can be brought wherever the defendant may be found and

served with a summons, and where the jurisdiction has sufficient contact with one of the partiesand the incident that gave rise to the suit. Other actions - such as foreclosing on a piece of

property - are local. They can be brought only in the county where the subject of the suit is

located.

Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried.

The venue of a lawsuit is set by statute, but it can sometimes be changed to another county or

district (because of pre-trial publicity or for the convenience of witnesses).

Pleadings

A lawsuit begins when the person bringing the suit files a complaint. This first step begins what

is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with

the court that state the parties' basic positions. Common pre-trial pleadings include:

Complaint (or petition or bill). Sets out the plaintiff's version of the facts and specifying the

damages. It includes various counts - that is, distinct statements of the plaintiffs cause of action

- highlighting the factual and legal basis of the suit.


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Answer. This statement by the defendant usually explains why the plaintiff should not prevail.

It may also offer additional facts, or plead an excuse.

Reply. Any party in the case may have to file a reply, which is an answer to new allegations

raised in pleadings.

Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff hasinjured the defendant in some way, and should pay damages.

Motions

Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the

most common pre-trial motions include:

Motion to Discover. A motion by which one party seeks to gain information from the adverse

party. Motion to Dismiss. This motion asks the court to dismiss the suit because the suit doesnt

have a legally sound basis, even if all the facts alleged are proven true.

Motion for Summary Judgment (sometimes called motion for summary disposition). This

motion asks the court for a judgment on the merits of the case before the trial.

Discovery

This is the formal process of exchanging information between the parties about the witnessesand evidence theyll present at trial. Its designed to prevent "trial by ambush," where one side

doesnt learn of the other sides evidence or witnesses until the trial, when theres no time to

obtain answering evidence.

One of the most common methods of discovery is to take depositions. A deposition is an out-of-

court statement given under oath by any person involved in the case. It is used at trial or in

preparation for trial. It may be a written transcript, videotape, or both. In most states, either of

the parties may take the deposition of the other party, or of any other witness. Both sides have

the right to be present during oral depositions.

In addition to taking depositions, either party may submit written questions, called

interrogatories, to the other party and require that they be answered in writing under oath. If

one party chooses to use an interrogatory, written questions are sent to the lawyer representing

the other side, and that party has a period of time in which to answer.

Other methods of discovery include


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subpoenaing or requiring the other side to produce books, records or other documents for

inspection (a subpoena is a written order issued by a court compelling a person to testify or

produce certain physical evidence such as records);

having the other side submit to a physical examination; or

asking that a document be submitted for examination to determine if it is genuine.

Pre-trial Conferences

Judges use pre-trial conferences with lawyers for many purposes. One type of conference

gaining popularity is the status conference (sometimes called the early conference). This

conferenceheld after all initial pleadings have been filedhelps the judge manage the case.

Arbitration involves submitting the dispute to a neutral third party who renders a decision after

hearing arguments and reviewing evidence. In mediation, a third-party mediator who is neutral

assists the parties to reach a negotiated settlement of their differences, but he or she is not

empowered to decide the case.

If a case hasnt been settled, many courts set a time for an issue conference. The lawyers

usually appear at this hearing before a judge without their clients and try to agree on undisputed

facts or points of law. Such agreements are called stipulations. If a settlement doesnt take place

through pre-trial conferences, the judge sets a date for the trial.

Vocabulary:

Complaint = plngere, reclamaie

Plaintiff = reclamant

Defendant = prt

Petitioner = petiionar

Summon = citaie

Allegation = pretenie

Venue = loc de judecat

Transitory = tranzitoriu

Witness = martor

Pleading= pledoarie

Motion = moiune

Deposition = depoziie

Interogatory = interogatoriuSubpoena = citaie


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Arbitration = arbitraj

Mediation = mediere

Stipulation = stipulare

Conference = conferin

Exercises


1. What is a civil case?

2. What does a criminal case involve?

3. How is usually a civil case settle?

4. And what about criminal cases?

II. Complete the table below:

Noun Adjective Translation

1. action . ..

2. . criminal ..

3. dissent .. ..

4. . tortious ...

5.equity ...

6. .. damaged ...

7. appeal .. .......

8.. triable .......

9. answer

10. accusation ..

III. Match each of the Latin words to their appropriate definitions:

A. per incuriam 1. that is to say

B. ultra vires 2. against

C. locus standi 3. part of an English judgement; Its not essential to the decision

D. obiter dictum 4.through lack of care

E. res judicata 5.that is, namely

F. with the proviso that 6.matter on which judgement has been given


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G. versus 7.the right to be heard in court

H. scilicet (abbr. Scil.) 8.the reason for the judicial decision

I. ratio dicidendi 9.exceeding ones legal powers

J. viz (videlicet) 10.under the condition that (in a contract)

IV. Name the crime and the criminal for each verb:

Verb Crime Criminal

To commit an offence offence offender

To murder ....

To break into smbs house . .

To rob .. .

To kidnap . ..To shoplift ..

To smuggle ..

To hijack .

To blackmail . .

To bribe . ..

Grammar:

FUTURE

WILL

Form:

Aff. sent.: S + WILL +VB

Interog. sent.: WILL + S + VB?

Neg. sent.: S + WILL + NOT + VB

Use:a future prediction

I think it will rain tomorrow.

a future intention

Ill see you next week.

Note:

The intention/decision is made at the moment of speaking; it isnt planned before.

Values:- a promise


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Ill bring you the book tomorrow.

- a threat

If you do that again, Ill kill you.

- a decision

Well go back home at 8 oclock.Adverbs of time: one of these days, some day, sometime, sooner or later, tomorrow, the day after

tomorrow, this time next, next week, the week after next etc.

BE GOING TO

Form:

Aff. sent.: S + BE (AM, IS, ARE) GOING TO + VB

Interog. sent.: BE + S + GOING TO + VB?Neg. sent.: S + BE + NOT + GOING TO + VB

Use:

a future intention, plan or decision thought about before the moment of speaking

We are going to get married in June.

a future event for which there is some evidence now

Look at those clouds. Its going to rain.

Note:

1) The difference between Future with will and Future with be going to is when the decision

was made.

Eg:

A: We have run out of sugar

B: I know. Im going to buy some.

A: We have run out of sugar.

B: Have we? I didnt know. Ill buy some when I go shopping.

2) You can also use BE DUE TO or BE ABOUT TO +infinitive to refer to planned future

events that you expect to happen soon.

He is due to start as a lawyer shortly.

Another 100 people are about to lose their jobs.

FUTURE CONTINUOUS

Form:Aff. sent.: S + WILL + BE + VB-ING


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Interog. sent.: WILL + S + BE + VB-ING?

Neg. sent.: S + WILL + NOT + BE + VB-ING

Use:

indicates certainty ( you are sure that something will happen because arrangements have been

made)Ill be seeing them when Ive finished with you.

She will be appearing tomorrow night at the Royal Festival Hall.

FUTURE PERFECT SIMPLE

Form:

Aff. sent.: S + WILL + HAVE + VB-ed/3-rd form

Interog. sent.: WILL + S + HAVE + VB-ed/3-rd form?

Neg. sent.: S + WILL + NOT + HAVE + VB-ed/3-rd form

Use:

refers to a future event that will happen before another particular time in the future

Maybe when you come up, you will have heard the news from your sister.

FUTURE PERFECT CONTINUOUS

Form:

Aff. sent.: S + WILL + HAVE + BEEN + VB-INGInterog. sent.: WILL + S + HAVE + BEEN + VB-ING?

Neg. sent.: S + WILL + NOT + HAVE + BEEN + VB-ING

Use:

indicates the duration of a future event that will happen before another particular event in the

future

The register will have been running for a year in May.

PRESENT SIMPLE AND PRESENT CONTINUOUS FOR FUTURE

Both Simple and Continuous Present can be used to state plans that you have for the future.

use Present Simple for schedules:

My last train leaves London at 10.30.

use Present Continuous to express a future event that has already been planned:

Im seeing him tomorrow.

The difference between Be going to and Present Continuous for Future:

Im going to have dinner with Mr. Palmer tonight.(it is my intention; I want to do this)


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Im having dinner with

(it is only a planned future event in my business agenda; it is nothing about speakers attitude).

Exercises:

I. Put the verbs into the correct form using will or be going to:

1.A: Have you got a moment to spare?

B: Sorry, we have lunch.

2.A: Alan is starting university next month.

B: Really? What (he) study?

3.A: What would you like to drink, red or white wine?

B: I .have red, please.

4.A: What (youdo ) ..with your flat?

B: Isell it. I live at the countryside from now on.

5.A: I can not work out how to use this digital camera.

B: Its quite easy. I .show you.

II. Decide which of the following sentences are wrong and correct them:

Im seeing the doctor tomorrow.

Its going to rain tomorrow. It said so on the radio.The film is starting at 5 and is going to finish at 6.30.

Its snowing this weekend.

When do you meet her? At 10 p.m.

III. Rewrite the sentences using the verbs in brackets:

1. Of course he wont have any money left by the end of the week. (spend)

2. Im sure you wont remember me in ten years from now. (forget)

3. By the time Easter comes, there wont be any snow here. (melt)4. In two years there wont be any houses around here. (pull down)

5. When he is 30, hell be a successful barrister. (change)

IV. Put the verbs in brackets into a proper Future Form:

Please dont telephone before eleven. John (sleep) until ten.

Mary (teach) in this school for six years by next month.

I (get) you some cigarettes if you like. The shops (still-be open).Goodbye, we (see) you soon. You (hear) from us before long.


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What are you doing next weekend? Oh, I (work) in the garden as usual.

The train (arrive) here very soon. By the time they (travel) for more than 24 hours.

By this time next year you (finish) the course.

Please get on the bus. We (leave) in a few minutes.

I must rush home now. The children (come) from school soon.This time tomorrow everyone (read) of your success.

The exhibition (open) to the public next month.

Tests:

I Translate into English:

1. Cnd l vei trimite s studieze n strintate?

2. Cine va intra primul n biroul lui?

3. Te va plti pentru activitatea ta?

4. -Nu v suprai, rmnei mult vreme la noi?

Am sa plec curnd dac continu s plou aa.

5. - Ai s cumperi vreodat puc s ma nvei s vnez?

6. Studenii vor da examen mine de la ora 12 la 14.

7. Susan va studia Dreptul Civil anul urmtor.

8. Faci ceva mine sear ntre 6 i 7 sau ieim n ora?

9. Ea nu va purta ochelarii la nunta ei.

10. Ei vor juca cri toat noaptea.

11. El i va fi terminat treaba i presupun c se va duce la un film.

12. Snt sigur c i va fi uitat sfatul pn la ntlnirea cu ea.

13. Sptmna viitoare pe vremea asta, el se va fi aflat n spital de o lun.

14. Luna viitoare voi fi lucrat de 20 de ani n acest birou aa c mai bine nu m nva el pe mine

cum s-mi fac treaba.

II. Make sentences choosing one item from each column below, linking them (if necessary)

with one of the expressions A-H:

A. as to; B. against; C. at; D. for; E. in; F. to; G. down; H. from.

1. The plaintiff brought an action I. damages

2. The cashier is held accountable II. 3 million dollars

3. He started an action III. any loss of money at the cash desk4. She allegedly claimed 5.500 dollars IV. whether she should challenge the opinion


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of the court or comply with the law

5. The court assessed damages V. the defendant because he was entitled to

equal pay

6. She took legal advice VI. obtain money for the damage sustained

7. He is answerable to the CID VII. the loss of any police record

8. The prosecution has withdrawn VIII. the case because the witness for the

prosecution refused to testify, now.

9. In this case the judges dissented IX. the ruling. They reversed the judgement of

the Louisiana court.

10. The justices finally handed X. a previous ruling and delivered a landmark

decision

Bibliography:

- Merriam-Websters Dictionary of Law, Merriam-Webster, 1996- English with a key, Lidia Vianu, Editura de Vest, Timisoara, 1992- Practise your grammar, P. Dombrovos, Prisma Publications, 1991- Sinteze de gramatica engleza. Exercitii si teste de evaluare, Galateanu, F.

Georgiana, Editura Cruso si Lucman, Bucuresti, 1996

- Longman Dictionary of Contemporary English, Longman Group Ltd., Harlow,1995

- A Practical English Grammar. Exercises, Thomson A.J., Martinet A.V., o.u.p.,Oxford, 1997

- Advanced Language Practice with key, Vince M., Heinemann, Oxford, 1994

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