1 / pg.

19
1. T
2. F
3. T
4. T
2 / p. 20
1. A rule is a statement of what can, should or must be done in particular circumstances or when playing a
game.
A law represents all the rules established by authority or custom for regulating the behaviour of members
of a community or country.
2. Example: It is against the law to hit a person.
Social: If you hit a citizen you will get a fine or go to prison
Sports: If you hit your opponent you will be suspended
At work: If you hit your work colleague you will get fired
3 / pg. 21
a. evolve = to develop naturally and gradually
The idea evolved from a picture discovered in the attic.
b. independent = not dependent on other people or things, not controlled by other people or things
He is a very independent young man.
c. centralized = drawn toward a center or brought under the control of a central authority
Is government becoming too centralized?
d. hierarchical = classified according to various criteria into successive levels or layers
It has been said that only a hierarchical society with a leisure class at the top can produce works of art.
e. precedent = an earlier decision, case, that is regarded as an example or a rule to be followed in similar
circumstances later
That is a decision without precedent.
f. impartial = not favouring one person or thing more than another
He has become very impartial.
4 / pg. 21
a. The United Kingdom does not possess a unitary legislative system.
b. The English legislation has evolved gradually.

c. The greatest part of the English legislation is not codified.

d. The communitarian law has been developed by the judges.
e. The Courts of Law do not own the same authority.
f. The English judges do not collect evidence for their trial cases.
5 / pg. 21
The Romanian legal system is based on the Napoleonic Code. The judiciary is to be independent, and
judges appointed by the president are not removable. The president and other judges of the Supreme Court
are appointed for a term of 6 years and may serve consecutive terms. Proceedings are public, except in
special circumstances provided for by law. The judicial power belongs to a hierarchical system of courts
culminating with the supreme court-nalta Curte de Justiie i Casaie (The High Court of Justice and
Cassation). The Romanian judicial system is an inquisitorial system, with a strong French influence.
6 / pg. 21
I think it would make the law more flexible because someone must interpret the code and fill in the gaps
that might appear.
7 / pg. 21
The independence is meant to accomplish, seeking to clarify some areas of
confusion by re-characterizing and so refocusing the inquiry. Most discussions of
judicial independence bog down in what commentators view as an irreconcilable
tension between independence and democratic accountability. We are told we
cannot have it both ways. We can have a bench that is independent or a bench that
is accountable, but we must accept a trade-off that sacrifices one or the other of
these goals to some yet to be defined extent. Maybe so, but we will argue that
independence and accountability are not the ends about which we need to be
concerned.
8 / pg. 21
The advantage of an inquisitorial system is that it is a legal system where the court or a part of the court
is actively involved in determining the facts of the case, as opposed to an adversarial system where the
role of the court is solely that of an impartial referee between parties. Inquisitorial systems are used in
most countries in Europe and Latin America.
9 / pg. 23

1. Reciprocities are the basic source both of the recognition of duty to obey law and of law enforcement
in a customary law system.
2. The assizes were held twice each year from the 13th century to 1971 in each county, grouped into a
number of circuits.
3. The Domesday Book was commissioned in 1086 by William I who wished to survey the territory of
England which he had conquered in 1066.
4. The legal profession, however, remained unsatisfied with the various reports so that in 1865 a Council
of Law Reporting was established with the function of publishing semi-official law reports.
5. Common law legal systems are in widespread use, particularly in those nations which trace their legal
heritage to Britain, including the United Kingdom, most of the United States and Canada, and other
former colonies of the British Empire.
10 / pg. 23
systems; in; by; of; derived; of; system;
system; the; of; when; standard; not; common
11 / pg. 24
a. Drept Comun denumit de asemeni Drept Anglo American, corpul principal al dreptului uzual, bazat
pe decizii juridice i concretizat n raporturile cazurilor rezolvate, care este administrat de curile de drept
comun din Anglia nc din Evul Mediu. De aici a evoluat acel tip de sistem legal regsit de asemenea n
Statele Unite i n majoritatea statelor membre ale Commonwealth of Nations. Dreptul comun vine n
contrast cu normele elaborate de actele separate ale echitii, jurisprudenei (i.e., hotrrile corpurilor
legislative), i cu sistemul legal rezultat din dreptul civil n prezent rspndit n Europa continental i prin
alte pri.
b. The Anglo-Saxon law was created in England being stated into force in this country and in Wales, as
well as in USA, Australia, New Zeeland, India, etc. Common Law is made up by judicially established
rules (judicial precedents acts established by judicial courts of law which become compulsory for
inferior courts for similar causes.
12 / pg. 24
1. F
2. T
3. T
4. F

5. T

13 / pg. 26
a. It was early provided that, in seeking to remove one who wrongfully entered another's land with force
and arms, a person could allege disseisin (dispossession) and demand (and pay for) a writ of entry. That
writ not only gave him the written right to re-enter his own land, but it also established this right under the
protection of the Crown if need be, whence its value. In 1253, to prevent judges from inventing new writs,
Parliament provided that the power to issue writs would thereafter be transferred to judges only one writ at
a time, in a "writ for right" package known as a form of action. However, because it was limited to
enumerated writs for enumerated rights and wrongs, the writ system sometimes produced unjust results.
Thus, even though the King's Bench might have jurisdiction over a case and might have the power to issue
the perfect writ, the plaintiff might still not have a case if there was not a single form of action combining
them. Therefore, lacking a legal remedy, the plaintiff's only option would be petitioning the King.

b. The distinction between "law" and "equity" is an accident of history. The "law courts" or "courts of
law" were the courts all over England that enforced the king's laws in medieval times. Another distinction
is the unavailability of a jury in equity: the judge is the trier of fact. A final important distinction between
law and equity is the source of the rules governing the decisions. In law, decisions are made by reference
to legal doctrines or statutes. In contrast, equity, with its emphasis on fairness and flexibility, has only
general guides known as the maxims of equity.
c. The writer agrees with Williams.

d. At the end of the 13th century the courts of law gradually froze the types of claims they would hear, and
the procedure that governed the hearing of those claims. Because the range of legal claims at that time was
quite narrow, legal procedures were painfully hyper technical, with the result that many deserving
plaintiffs were denied relief.
14 /pg. 26
Noun

Verb

Adjective

a. petition

to petition

petitioner

history

b. historical

equity

c. equitable

e. specificity

f. to specify

specific

g. abolition

to abolish

litigant

h. to litigate

15 / pg. 26
a. to grant a remedy = To consent to the fulfillment of
He has granted the remedy for her.
b. equitable = fair to all parties as dictated by reason and conscience
It was an equitable decision.
c. injunction = a judicial remedy issued in order to prohibit a party from doing or continuing to do a
certain activity; Injunction were formerly obtained by writ but now by a judicial order.
d. petition = formal application in writing made to a court asking for some specific judicial action
She filed a petition for divorce.
e. to prevail = To be in force, use, or effect; be current
An ancient tradition that still prevails.
f. Chancellor = the person who is head of state (in several countries)
g. = to start or file a legal procedure
h. = to pay compensation

16 / pg. 26
a. Aceasta a devenit ceea avea s poarte numele de hotrre judectoreasc comun. S presupunem ca A
ntreprinde o aciune mpotriva lui B ntr-unul din tribunalele de drept comun, iar Curtea de Justiie a
Lordului Cancelar consider aciunea ca fiind inechitabil, datoria lui B era s se adreseze Curii Lordului
Cancelar pentru un ordin numit hotrre judectoreasc comun, adresat lui A cu sfatul de a nu mai
continua aciunea sa. Dac A ncalc hotrrea, Curtea l va condamna la nchisoare pentru sfidarea curii.
Dreptul natural (echitatea) lucra deci n culisele aciunilor de drept comun; principiile dreptului comun
rmneau teoretic intacte, dar prin intermediul unui mecanism complex ele sunt sistate datorit regulilor
echitabile n toate cazurile de conflicte sau dispute. Rezultatul justifica sarcasmul criticului care afirma
c n Anglia o curte era menit s comit nedrepti i o alta s-o opreasc.

b. Natural Law appeared during the Middle Age duet o the fact that common law could not compensate
the prejudice for all prosecutors. Court of Chancery stipulated an equitable repair when considering the

devices of common law to be inequitable. If common law and natural law contradict one another, it is
recommended that the laws of natural law to come first.
17 / pg. 29
Background line 1-2
Complaint line 3
Action line 4-5
Defence line 6-8
Judgement line 9-11
Reasons line 16-20
18 / pg. 29
a to
b about
c to
d by
e to
f for
g for
h in
i to
j of
19 / pg. 30
Equity is law - In modern practice, perhaps the most important distinction between law and equity is the
set of remedies each offers. The most common civil remedy a Court of law can award is money damages.
Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting.
Often this form of relief is in practical terms more valuable to a litigant.
The law of England - The history of the English law did not go in one straight line, just as much as
England was invaded over the centuries, the system of law received many changes.
The common law - The common law is created and refined by judges: a decision in the case currently
pending depends on decisions in previous cases and affects the law to be applied in future cases. When
there is no authoritative statement of the law, judges have the authority and duty to make law by creating
precedent.

Modern law - If the plaintiff knows of the defendant's harmful actions but delays in bringing suit, and the
delay works against the rights of the defendant, the plaintiff risks dismissal of the case. Under modern law,
such defenses are available in any civil case.
20 / pg. 30
The Court of Chancery was the court that developed from the Lord Chancellor's jurisdiction. Unlike the
courts of law, which were rigidly based on formal causes of action, the Lord Chancellor had jurisdiction to
determine cases, on behalf of the King, according to equity or fairness rather than according to the strict
letter of the law. Gradually the rules of equity became formalized, but they preserved important
innovations, such as injunctions and trusts.
Nuisance is a common law tort. It is one of the oldest causes of action known to the common law, with
cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that
the right of quiet enjoyment is being disrupted to such a degree that a tort is being committed.
Held - decided or ruled, as "the court held that the contract was valid."
Interest - any and all, partial or total right to property or for the use of property, including an easement to
pass over a neighboring parcel of land, the right to drill for oil, a possibility of acquiring title upon the
happening of some event, or outright title. While most often referring to real property, one may have an
interest in a business, a bank account, or any article.
21 / pg. 30
Equity is a branch of jurisprudence in common law jurisdictions.
Equity recognizes the need to treat un-equals differently in order to ensure that the quality of the
educational experiences are equal and of high standards.
The maxims of equity are:

1 Equity regards as done that which ought to be done.

2 Equity will not suffer a wrong to be without a remedy
3 Equity delights in equality
4 One who seeks equity must do equity
5 Equity aids the vigilant, not those who slumber on their rights
6 Equity imputes an intent to fulfill an obligation
7 Equity acts in personam.
8 Equity abhors a forfeiture
9 Equity does not require an idle gesture
10 One who comes into equity must come with clean hands
11 Equity delights to do justice and not by halves
12 Equity will take jurisdiction to avoid a multiplicity of suits
13 Equity follows the law
14 Equity will not aid a volunteer
15 Between equal equities the law will prevail
16 Between equal equities the first in order of time shall prevail
17 Equity will not complete an imperfect gift

18 Equity will not allow a statute to be used as a cloak for fraud

19 Equity will not allow a trust to fail for want of a trustee

The purpose of equity is to supply the deficiencies of the law.

22 / pg. 30
Fred sells Bob a watch for 100. Fred tells Bob it is an antique Rolex. In fact it is a fake one and worth
50. If it had been a genuine antique Rolex, it would be worth 500. Fred is in breach of contract and
could be sued. In contract, Bob is entitled to an item worth 500, but he has only one worth 50. His
damages are 450. Fred also induced Bob to enter into the contract through a misrepresentation (a tort). If
Bob sues in tort, he is entitled to damages that put himself back to the same financial position place he
would have been in had the misrepresentation not been made. He would clearly not have entered into the
contract knowing the watch was fake, and is entitled to his 100 back. Thus his damages in tort are 100.
23 / pg. 30
At first, the plaintiffs accepted the 300$ as payment for the entire amount of money, but then they sued the
defendants for the recovery of the rest of the amount. The defendants then claimed the principles of equity,
because the plaintiffs accepted the 300$ as equivalent for the whole amount.
24 / pg. 31
The contribution made by equity to the English law
Equity is the name given to the set of legal principles, in jurisdictions following the English common law
tradition, which supplement strict rules of law where their application would operate harshly, so as to
achieve what is sometimes referred to as "natural justice." Equity, however, enters injunctions or decrees
directing someone either to act or to forbear from acting. Often this form of relief is in practical terms
more valuable to a litigant. A plaintiff whose neighbor will not return his only milk cow, which wandered
onto the neighbor's property, for example, may want that particular cow back and not just its monetary
value. However, in general, a litigant cannot obtain equitable relief unless there is "no adequate remedy at
law"that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for
the injury in question. Equity, with its emphasis on fairness and flexibility, has only general guides known
as the maxims of equity. As noted below, a historic criticism of equity as it developed was that it had no
fixed rules of its own, with the Lord Chancellor from time to time judging in the main according to his
own conscience. As time went on the rules of equity did lose much of their flexibility and from the 17th
century onwards equity was rapidly consolidated into a system of precedents much like its cousin common
law.

25 / pg. 36
a Baker vs. Willoughby [1970] AC 467 the volume of Appeal Cases for the year 1970 at age 467.
b Armstrong vs. Jackson [1917] 2 K B 82 2 the second volume of Kings Bench for the year 1917 at
page 82.
c Cox vs. Green [1966[ 1 Ch 216 the first volume of Chancery for the year 1966 at page 216
d Day vs. Grant [1987] 13 All ER 678; [1987] QB; [1987] 3 WLR 537 the 13 th volume of All England
Law Reports for the year 1987 at page 678; the volume Queens Bench for the year 1987 at page 972; the
third volume of Weekly Law Reports for the year 1987 at page 537
e R. vs. Hudson [1980] Crim LR 107 the volume Criminal Law Reports for the year 1980 at page 107.
26 / pg 36
Civil
civil wrong
plaintiff
defendant
liable
county court
judgement for the plaintiff
offence

Criminal
crime
Crown Court
guilty
Life imprisonment
to convict
defendant
to prosecute
conviction
prosecutor
punishment
to punish

27 / pg 36
a. Legea proprietii determin natura i gradul de extindere a drepturilor pe care oamenii le pot deine
asupra terenurilor i altor proprieti, i legea succesiunii care are n vedere transferul de proprietate dup
deces, precum i n alte cazuri specifice.
Ramurile dreptului sunt arbitrare, special constituite n scopul unor interpretri ct mai avantajoase;
fiecare domeniu de drept tinde s fuzioneze cu cel al vecinilor, i niciun domeniu nu poate fi pe deplin
neles izolat de celelalte. n continuare, subdiviziunile pot fi la rndul lor adesea divizate; de exemplu,
legea ageniilor i legea angajrii sunt ramuri ale dreptului contractelor, dar sunt tratate independent;
dreptul constituional de asemenea, n sensul cel mai larg, conine multe ramuri speciale, cum ar fi dreptul
guvernrii locale, dreptul electoral i administrativ.
b. All types of law so far have known a plurality of sources normative acts of state authorities, customs,
judicial precedent, doctrines, etc. Formal sources of law imposed by the evolution of law so far are the

following: juridical custom, judicial practice and judicial precedent, doctrine, normative contract and
normative act.
28 / pg 37
If Bob has been charged with murder he cannot be sued in the county court because crime represent a
criminal wrong, therefore it has to be judged in the Crown Court. The prosecutor, not the plaintiff is
successful in the action and Bob is found guilty not liable. He is punished by being ordered to pay a fine,
not damages.
29 / pg 37
Criminal law, sometimes called penal law, refers to any of various bodies of rules in different
jurisdictions whose common characteristic is the potential for unique and often severe impositions as
punishment for failure to comply. There are some archetypal crimes, like murder, but the acts that are
forbidden are not wholly consistent between different criminal codes, and even within a particular code
lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law
typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
Civil law or is the predominant system of law in the world. Civil law as a legal system is often compared
with common law. The main difference that is usually drawn between the two systems is that common law
draws abstract rules from specific cases, whereas civil law starts with abstract rules, which judges must
then apply to the various cases before them.
30 / pg 37
The employer might sue the Jones for theft. It constitutes a criminal wrong, Jones could be convicted to
paying a fine or even to prison, but it can also be a civil wrong, the shop assistant having to pay damages
to his employer.
31 / pg 38
a. civil
b. civil
c. criminal
d. civil
32 / pg 38
a. Procedural law comprises the rules by which a court hears and determines what happens in civil or
criminal proceedings. The rules are designed to ensure a fair and consistent application of due process (in
the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. In

the European legal systems the Roman law had been of great influence. In ancient times the Roman civil
procedure applied to many countries. One of the main issues of the procedure has been the actio (similar
to the English word "act"). In the procedure of the legis actiones the actio included both procedural and
substantive elements. Because, during this procedure, the Praetor had granted or denied litigation by
granting or denying, respectively, an actio. By granting the actio the praetor in the end has created claims.
I.e. a procedural act caused substantive claims to exist. Such priority (procedure over substance) is
contrary to what we think of the relationship nowadays. But it has not only been an issue of priority and
whether the one serves the other. Since the actio had been composed of elements of procedure and
substance it was difficult to separate both parts again.
b. Procedure is not so important today. Although different kinds of legal procedure are directed towards
facilitating the resolution of different kinds of legal activities, all have certain things in common. All legal
procedure, for example, is concerned with due process. Absent very special conditions, a court can not
impose a penalty - civil or criminal - against an individual who has not received notice of the action being
brought against them, or who has not received a fair opportunity to present evidence for themselves.
33 / pg 39
a. F
b. T
c. F
d. T
e. T
34 / pg. 40
Substantive law
substance
abstract principles
substantive

Procedural law
machinery
form
subject matter
formal requirements
adjectival

35 / pg 40
a. Dreptul procedural, denumit de asemenea i drept secundar, descrie mijloacele respectrii drepturilor
sau asigurrii ndreptrii greelilor i conine reguli legate de jurisdicie, pledoarie i practic, probatoriu,
recurs, executare judectoreasc, reprezentarea n discuie, costuri, transmitere i nregistrare, precum i
alte noiuni. Dreptul procedural este n mod curent n contrast cu dreptul autonom (substanial), care
constituie corpul efectiv de legi i definete i reglementeaz drepturile i ndatoririle legale.

b. Locurile de munc n domeniul legal poate fi clasificat n: practic privat, aprare public,
consilier corporativ, servicii juridice gratuite, predarea dreptului. Aceste clasificri pot fi utile
pentru nelegerea opiunilor pentru carier. Exist i alte modaliti de a clasifica locurile de munc din
domeniul legal. De exemplu, acestea variaz n funcie de dreptul autonom practicat. Dac te pasioneaz
un anumit domeniu de drept, poi practica n interiorul mai multor cadre i avocaii din domeniul privat
i cel public practic domeniul antitrust, servicii juridice gratuite i munc de consilier corporativ.
36 / pg. 41
The procedure disadvantaged Thomas first because the judge did not allow the defence lawyer question
the witness who Thomas claimed to have been at home at the crime time. Then, another disadvantage
would be that the prosecuting lawyer pointed out the previous antecedents of the defendant, fact which
might bring severe consequences in stating the verdict.