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    CHEIE SEMINAR V MASTERAT LMA

    I. Fill in the blanks in the text below using the terms in the list:

    In private law, individuals bring claims against other individuals. Private law is also referred to as civil labecause it is the law used by citizens if they believe that their legal rights have been abused by other citizens. Thlaw of tort is a major part of private law. Today the most important tort of all is the tort of negligence, whethe negligence of the defendant has led to the plaintiff suffering harm. The defendants careless behavioucould cause the plaintiff to suffer physical injury, mental injuryor financial loss. It is because the law negligence is so important for all those involved in the practice of lawthat this particular tort is the main subjeof this chapter of law.

    II. Look at the list of legal terms below. Match each of these terms with its definition.

    1. J; 2.C ; 3. E; 4. F; 5. I ; 6.G ; 7.H ; 8.D ; 9. A ; 10. B ;

    III. Look at the sentences below and choose the alternative which best fills the blank spaces:

    1. A 2; B 3; C 1; D 2; E 1; F 3 ; G 1; 2. A 2; B 3; C 1; D 1; E 1; 3. A 2; B 3; C 4 ; 4. A 3; B 3; C 4

    IV. Supply the correct adjective derived from the nous below. Provide their Romaniaequivalents. Use them in sentences of your own.

    Slanderous; defamatory; libellous; liable; injured / injurious

    V. Fill the blanks in the text below using the terms in the list:

    Our law firm specializes in clinical negligence, so plaintiffs instruct us, that is to say individuals come to us to get an idwhether they have a potential claim and what the process will involve. Depending on that advice, they may then instruct to pursue the claim on their behalf. The likely amount of the damages has to be enough to cover the cost investigating the claim. We are always careful to give clients a fee estimate at the outset. Initially this will just be thcost of exploring the claim. It will involve obtaining the medical records of our clients from the relevant genermedical practice or hospital. We usually go through these before instructing an independent expert to prepare a reporThe department keeps a register of experts which we use for an impartial, unbiased opinion. Some clients may halegal expenses insurance or may qualify for Public Funding and others may have to fund themselves. In those cases wusually agree a payment schedule with the client. If we do pursue this is usually on a conditional fee basis, that is no w

    no fee, so there is an element of risk involved. The basis of a claim is that the plaintiff has sought medical advicetreatment and believes that as a result their health has suffered. We have to show that there is a causal linkbetween the twthings. The second essential leg is that there has been an element of negligence. Sometimes this involves extremecomplicated evidence. Basically, we need to demonstrate that the course of action or advice given by the doctor in the cain point would not be advised by a similarly experienced and reputable body of practitioners. The role of the experts in aof this is extremely important. WE rely upon them to explain how the action of the defendant has adversely affected thoutcome for the patient. The other extremely important point is that the plaintiff must bring the claimwithin thlimitation period. This is usually within 3 years of the event, although it may be extended if the case involves a child or thplaintiff has a mental disability.

    VI. After filling in the blanks of the text above, find synonyms for the following words and phrases:

    Possible case = potential claim; negatively influence the health of the client=adversely affected thoutcome; unprejudiced point of view=impartial, unbiased opinion; causation=causal link; to start a

    action=pursue a claim/bring a claim; probable costs of action= likely amount of the damages; proportion to the damages recovered= on a conditional fee basis / no win no fee; in this instance=in thcase in point.

    VII. Complete the sentences below with verbs from the text above on clinical negligence.

    1. gives; 2.explores; 3.obtains; 4.prepares; 5.keeps; 6.agrees; 7.pursue; 8.affected; 9. bring

    VIII. Here is a brief summary of the law of contract. Complete the text using the words below:

    obligation; agreement; consideration; capacity; fraud; illegal; oral; signed; property;breach; damageperformance; terms

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    IX. Make word combinations using the words below. Provide the definitions of the terms yohave found and their Romanian equivalents:

    Contrary evidence; counter offer; conditions of sale; rebuttal presumption; avoid uncertainty; qualifieacceptance; contracting parties; essential terms; subject to contract;

    - rebuttal presumption an assumption that can be contradicted- qualified acceptance whwn th person receiving the offer staes that he accepts the offer subject to contrac

    - essential terms for example price and delivery must be certain and not vague

    X. Complete the sentences below with words from the list below:

    1. rendered; 2. treated; 3. barred; 4. consented; 5. set aside; 6. implied; 7. required

    XI. Link the type of contract to its description. Provide their Romanian equivalents.

    1 F; 2 B; 3 D; 4 A; 5 G; 6 C; 7 I; 8 E; 9 H.

    XII. Look at the following extracts from contract clauses. Link the underlined word to imeaning; provide their Romanian equivalents.

    1 F = prin aceasta / prin prezenta ; 2 D = in cele ce urmeaza / in continuare; 3 K= alaturat/prin prezenta; 4 I= dla data prezenta / de acum inainte; 5 A = in conformitate cu prevederile acestui contract; 6 G= de acoldinauntru; 7 M = astfel / drept urmare; 8 E = dupa aceea / ulterior; 9 L= din aceasta; 10 B = conform celomantionate; 11 H = inclusiv; 12 J = in consecinta/ din acest motiv/astfel; 13 C= sus-mentionat/ mentinat anterior

    XIII. Below are the main paragraph titles from a Sale Agreement. Link the paragraph titles to thdetails of the contents of each paragraph. Provide their Romanian equivalents.

    1.PRICE AND PAYMENT = E; 2. GOODS = C; 3. DELIVERY = H ; 4. ACCEPTANCE = F ; 5. TITLE AND RISK =A; 6. LIMITATION OF LIABILITY = J; 7. FORCE MAJEURE = D ; 8. ENTIRE AGREEMENT= B; 9. GOVERNINLAW AND JURISDICTION = G; 10. RIGHTS OF CONSUMER

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    CHEIE SEMINAR VI MASTERAT LMA

    I. Match the terms below with their correct definition:

    1H; 2B ; 3 D; 4 F; 5 J; 6 M; 7 N; 8 O; 9 M; 10 L; 11 I; 12 G; 13 E; 14 C; 15 A; 16 K;

    II. Complete the sentences below using the correct words from the list. In some sentences severawords can be used.

    1. English-speaking jurisdictions generally distinguishes between real property and personal property. 2. Repropertyis a general term for land, tenaments and hereditaments which, upon the death of the owner, pass this heirs. 3. Personal propertyrefers to / includes everything which does not fall under the heading of reproperty. 4. Real property can be divided/ classified / categorized / grouped into freehold estates anleaseholds. 5. Essentially, there are four types / classes / categories of freehold estates. 6. Real property laencompasses / includes such things as easements, mortgages and other financing measures.

    III. Complete the clauses below from a tenancy agreement using the words below:

    Reasonable; Premises; thereon; deemed; liable; Lessee; harmless; herein; rules; quietly

    IV. Match the nouns below with the verbs with which they commonly collocate. Some nouncollocate with more than one verb. Provide Romanian translations, then use these phrases tcomplete the sentences below.

    VERBS: abandon premises / site; comply with contract / lease/ regulation/requirement/statute; terminacontract/lease/tenancy

    1 abandon the premises; 2. comply with the lease; 3. terminate the tenancy; 4. terminate the lease ; 5. comply withe requirements

    V. Fill in the blanks in the text below using the words in the list:

    Let us say a few words about conveyancing, namely the transfer of the ownership of property in the UK. In thUK the transfer of property is governed by the principle ofcaveat emptor (Lat. Let the buyer beware). Contra

    provisions reinforce this principle by acknowledging that the purchaser has had an opportunity to make fuinvestigations of the title, that is the rights of ownership, and to check the property. Generally, a commerciagent will market a commercial property. The property particulars will specify the terms on which thproperty is to be sold. The details show whether it is to be sold by auction (sold to the highestbidder) or so

    by private treaty (the seller and buyer reach an agreement). If the sale is to be by auction, a legal pacprepared by the sellers solicitor, will be available to prospective purchasers. It will contain the speciconditions relating to the sale as well as copies of appropriate searches (documents which prove inspection records, for instance about land use and restrictions on its use). It will also include planning permission

    warranties and other documents relevant to the property and to the transfer of ownership, such as legevidence of the sellers title to the property. The prospective purchasers must be satisfied with the sellers titand other information. If necessary, they may raise further inquiries in advance of thebidding for the propertThe signing of the sale memorandum by the purchaser or their agent at the auction constitutes the contra

    to purchase. Sale, known as completion, when payment is made and the deed of transfer is passed to thpurchaser, usually takes place at a completion date specified in the special conditions.

    VI. Supply the correct adjective derived from the nous below. Provide their Romaniaequivalents. Use them in sentences of your own.Statutory, reasonable, negligent, capable, inheritable, prospective, necessary, safe

    VII. The main objective of the Law of Property, Natural Resources and the Environment is tensure that the environment is protected against both public and private actions that fail to tak

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    account of costs and harms inflicted to the eco-system. Match a word in List A with a word in LisB to form 13 phrases related to the law of property. Provide their Romanian translation.

    atomic energy; clean air; clean water; endangered species; energy sources; natural resources navigable waternoise pollution; ocean pollution; oil dumping; pesticide control; tropical forests; waste disposal;

    VIII. Below are seven agency relationships. Match the principals with the agents and then matceach principal and each agent with the correct definition.

    Attorney (6) client (6); executor (5) heir (1) ; trustee (7) beneficiary (5); master (4) servant (3guardian(3) ward (2) ; corporate director (2) stockholder (7); employer (1) employee (4)

    IX. Below are the main areas of commercial law. Match each branch to the contents ir covers.

    1 B; 2. A; 3.D; 4 C; 5 F; 6 E; 7 H; 8 G; 9 J; 10 I; 11. L; 12.K

    X. Look at the sentences below and choose the alternative which best fills the blank spaces:

    1.A promissory note is a negotiable instrument which contains an unconditional promise to pay a certaamount of money to thebearer of the document. It is signed by the maker.

    2.A promissory note can also be payable to the order, which means that the sum of money is payable to a certaiperson and not to the holder of the instrument.

    3.If a promissory note is eventually held by someone who is unconnected with the underlyintransaction,but who holds the note in good faith and knows of no problem with the instrument, that persocan become abona-fide purchaser.

    XI. These parties are all involved in the use of negotiable instruments. Match their names with thcorrect definition. Provide Romanian translations and use these terms in sentences of your own.

    1C; 2D; 3F; 4G; 5B; 6A; 7E.

    XII. Legal Latin. Match the legal Latin terms below with their English translation. Provide theRomanian translations and use them in sentences of tour own.

    1 B; 2 D; 3 F; 4 H; 5 J; 6 L; 7 N; 8 P; 9 R; 10 T; 11 V; 12 W; 13 U; 14 S; 15 Q; 16 O; 17 M; 18 K; 19 I; 20 G; 21 E; 22 C23 A.