SC - Limba Engleza

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Departamentul de Învăţământ la
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Distanţă şi Formare Continuă
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Facultatea de Drept și Stiințe
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Administrative
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Coordonator de disciplină:
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2021-2022
Suport de curs – învăţământ la distanţă
Studii universitare de licenţă
Specializarea: DREPT
anul I, semestrul I
Prezentul curs este protejat potrivit legii dreptului de autor şi orice folosire alta
decât în scopuri personale este interzisă de lege sub sancţiune penală
UVT
LIMBA STRĂINĂ I
2
SEMNIFICAŢIA PICTOGRAMELOR
 = INFORMAŢII DE REFERINŢĂ/CUVINTE CHEIE
= TEST DE AUTOEVALUARE
= BIBLIOGRAFIE
= TIMPUL NECESAR PENTRU STUDIUL UNEI UNITĂŢI DE

ÎNVĂŢARE
3
CUPRINS – Suport curs autoinstruire (A.I.)
UI 1. PARTICIPANTS IN A TRIAL................................................. 5
1.1. Reading: - Let’s stop wasting time and get on with it!................................ 6
1.2 Reading: Vocabulary, synonyms, antonyms............ 6
1.3. Let’s answer the questions................................................................................... 7
1.4. Fill in the blanks with the missing words and true and false 8
sentences.................................................................................
UI 2. SOLICITORS AND BARRISTERS.............................................. 11
2.4. Fill in the blanks with the missing words and true and false
sentences.................................................................................
UI 3. THE ROLE OF JUDGE AND JURY........................................................... 18
3.4. Fill in the blanks with the missing words and true and false 22
sentences.................................................................................
UI 4. JUSTICE ON ANCIENT ROMANIAN LAND....................................……. 24
4.3. Let’s answer the questions...................................................................................
sentences.................................................................................
UI 5. 5. CIVIL PROCEEDINGS........................................ 28
5.3. Let’s answer the questions...................................................................................
sentences.................................................................................
4
UNITATEA DE ÎNVĂŢARE 1
UI 1. PARTICIPANTS IN A TRIAL
1. Contents
2. Aims
3. Introduction
4. Topic development
5. Bibliography
Contents
 UI 1. PARTICIPANTS IN A TRIAL
1.1. Reading: Text 1 - Let’s stop wasting time and get on with it!
1.2 Reading: Vocabulary is the cement that holds language together
1.3. Small talk phrases
= 3 ore
 Aims: to discuss the importance and drawbacks of vocabulary at

law; to teach some useful phrases for legal expressions; to provide practice
and feedback of the situation of law vocabulary.
 Introduction: The text in this lesson present arguments from

opposing viewpoints, which may help students to question their own
assumptions. The lesson goes on to introduce useful language for both trial
and participants, with practice in the form of role-plays.
5
PARTICIPANTS IN A TRIAL
The Parliament in Great Britain has the role of making the laws, which are
interpreted by the law courts or the courts of justice. The British legal profession
includes two members: the solicitor and the barrister.
The solicitor is consulted if a person needs the assistance of a law for a certain
problem, like: a divorce, a fight with the neighbours, setting of a business, to make a
will or to sell a property. The barrister is consulted if a person has a more serious and
difficult problem, which need to be judged in a civil or criminal court of law. This
 will represent him in the court and will plead for his case. The barrister will take part
in the trial as part of the Council for the Prosecution, as council for the plaintiff, or of
Reading,
the Council for the defence, as council for the defendant.
key-
The main role in a trial is held by the judge, who is in charge of the following
concepts
responsibilities: to conduct the proceedings, to point out the matters which have to be
clarified, to ask questions to the parties and witnessesl to examine the documents and
the evidence, to present the summary of the case to the jury, to interpret the laws and
to pass the sentence. The jury is formed by twelve persons, called jurors, aged
between 21 and 60 years old. The jury is always present in a criminal court and
sometimes in a civil court and has the role of unanimously giving the verdict “Guilty”
or “Not guilty” (if the jury can’t reach an agreement, then a new jury has to rejudge
the case).
In a criminal case, according to the English law, a person is considered innocent
and is not accused of robbery or murder until his guilt is proved. For this, the two
parties usually bring witnesses, who are called into the court by the barristers, in a
witness box, where they are asked to swear on oath and then say what they saw, not
what they heard from other persons.
The court system in the us is formed by the us Supreme Court and over
eighteen thousand other American smaller courts, like the Trial courts, the Appellate
courts and the District courts. Each state has a specific court system.
The lowest level of the court system is represented by the Trial courts, or lithe
courts of first instance”, possessing original jurisdictionl which is the power of being
the first court to hear a case. The role of these courts is to take evidence, listen to
witnesses and decide what is true and what is not, handling both with civil and
criminal matters. The decisions in this court are made by a judge or by a jury, made
up of citizens selected from the community. Most of the parties involved in a civil
litigation demand a judge and not a jury to take part in a trial, because the decision is
reached faster by the judge.
The Appellate courts are charged with the responsibility of reconsidering the
decisions made by a Trial court, if the defendant requests it. It makes a review to
ensure that there is no error in the interpretation of a law, by using only judges and
not jury.
The District courts deal both with criminal and civil matters, the so called
diversity cases, like suits between parties from different states, when the amount in
controversy is over $50,000, the approval of passports, the solving of the federal
prisoners’ cases and the naturalization of the immigrants.
According to the American law, rooted in the Bill of Rights, the rights of
persons accused of crimes are meant to protect the individual from the arbitrary use
6
of police power. An accused person has the right to representation by a lawyer, who
is compulsory provided by the state to those unable to afford one.
VOCABULARY
law = 1. body of enacted or customary rules recognized by a community as

binding; 2. one of these rules; 3. their controlling influence, jurisprudence; law as a
system (court of low) or science (to read law); 4. one of the branches of the study of
law, the lows concerning specified deportment (commercial law)
 member = 1. person belonging to a society; 2. MP (one formerly elected to toke
part in proceedings), member of Parliament;
legal = 1. required or appointed by law; 2. based on, occupied with law
barrister = is called to Bar and has the right to participate as advocate in
superior courts
solicitor = member of the legal profession, competent to advise clients, instruct
and prepare causes for barristers, but not to appear as advocate except in certain lower
courts
dispute = controversy, debate, difference of opinion
will = the declaration of a person’s wishes regarding the disposal of his
property after his death
to set up a business = to start a business
to sue somebody = to bring somebody to court; to bring/enter an action against
somebody
to plead = to address court as advocate on behalf of either party
to plead (not) guilty = to deny, confess liability or guilt liability
to represent somebody = to act as embodiment for, to stand for, to be entitled to
speak for somebody
plaintiff = party who brings suit into court of law
defendant = person sued in law-suit
judge = public officer appointed to hear and try causes in courts of justice
to preside = to exercise control
evidence = information, statement, proof (given personally or drawn from
documents) admissible as testimony in court to establish the facts
to rule = to give judicial or authoritative decision; to keep under control
jury = body of twelve persons who try final issues of fact in criminal or civil
cases and pronounce the verdict
to make the summing-up = to make the review of evidence or argument
(especially of judge after both sides have been heard)
to summon = to demand the presence of, to call upon, to appear
to return a verdict = to communicate a verdict
witness = person whose existence, position, state, serves as testimony or proof
and who gives sworn testimony in low court
to swear something on an oath = to state something by a solemn appeal to God
to hear = to listen judicially to
hearsay = what one hears, but does not know to be true
to pass a sentence = to give a sentence
to agree on a verdict = to pronounce a verdict
7
to reach agreement = to have on accordance in opinion
SYNONYMS
dispute = controversy, debate

to set up = to start
to plead guilty = to confess guilt
to plead not guilty = to deny guilt
counsellor = adviser
to iudge = to try
proceeding = piece of conduct
 eye-witness = bystander
Reading, case = couse, suit
key- witness-box = dock
concepts
ANTONYMS
legal - illegal
plaintiff - defendant
defence - prosecution
straightforward – indirect
1. Answer the questions:
1. When will a person consult a solicitor?

2. When does a person appeal to the services of a barrister?
3. Who are the participants in a criminal court?
4. Who may a barrister represent in a court?
5. Who presides over a court in England?
6. What does a jury consist of ?
7. What are the duties of a jury?
8. How long is the accused person supposed innocent?
9. What is the role of a witness?
10. Where is the evidence given?
11. What is “hearsay” evidence?
12. Is “hearsay” evidence token into consideration in English law courts?
13. Who posses the sentence on the accused?
14. What is the role of the Bill of Rights in the US law (ourt?
15. What kind of rights does it refer to?
16. What is the structure of the court system in the US?
17. What is the role of the Trial courts?
18. What is the meaning of the “original jurisdiction”?
19. Who takes decisions in a trial court?
20. What is the role of an Appellate court?
21. Why does an Appellate court not use a jury?
22. What kind of matters do the District courts deal with?
8
2. Fill in the blanks with the missing words:
a) Civil cases are brought by a plaintiff against a ......... .

b) The ......... consists of twelve people selected at random from the lists.
c) First the council for the ......... presents the case.
d) ......... plead his case in court.
e) Under English low, a person is considered innocent until his ......... is proved.
f) According to the court system in the US, each state has a ......... court system.
g) The decisions in Trial court are made by a ......... or by a ......... .
h) The Appellate courts ......... the decisions made by a Trial court.
i) The District courts deal both with ......... and ......... matters.
3. Which of the following sentences are true and which are false? Correct the
false ones:
a) Civil cases are brought by a plaintiff against a defendant and the lawyers,
who act for each side, will hire solicitors 10 plead the case in court.
b) A jury consists of twenty people selected according to a special procedure.
c) The judge may intervene at any point and ask questions to clarify matters.
d) It is the judge’s duty to conduct the proceedings, interpret the laws and give
the verdict of “Guilty” or “Not Guilty”.
e) The witness must not swear on oath on giving evidence before the jury.
f) The decisions in a Trial court in America are always made by a judge and by
a jury.
g) The role of the Appellate courts is to take evidence, listen to witnesses and
review the written records of the lower courts.
h) The Trial courts form the lowest level of the court system in the US.
i) The Bill of Rights protects the individuals from the wrong use of police
power.
4. Here are some expressions connected with a law court trial. Put them in the
right order:
a) to bring somebody to court
b) to accuse somebody of something
c) to return a verdict
d) to give evidence
e) to pass a sentence
f) to arrest on a charge of
g) to plead guilty
h) to commit a crime
i) to prosecute
j) to win a case
k) to release on bail
9
5. What do you call a person who:
a) pleads a case in court
b) undertakes legal business for ordinary people
c) gives evidence in trial
d) is summoned to court to give a verdict in a case
e) presides over a magistrates’ court
f) is brought to the court on the initiatives of the parties
BIBLIOGRAFIE RECOMANDATĂ
1. Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

2. NICOLETA MOLNAR OPREA, MARINELA CARMEN MATEESCU,
COSMIN SUCIU, Curs de limba engleză pentru studenții facultăților cu
profil juridic, Editura All Educational, București, 2000.
Resurse online
1. International Legal English,
https://law.univ.kiev.ua/images/abook_file/International_legal_english.pdf
2. Business and work, https://learnenglish.britishcouncil.org/en/business-and-
work
10
UI 2. SOLICITORS AND BARRISTERS
Contents
1. Aims
2. Introduction
4. Bibliography
Contents
 UI 2. SOLICITORS AND BARRISTERS
2.1. Reading: Let’s stop wasting time and get on with it!
2.2 Reading: Vocabulary, synonyms, antonyms
2.3. Let’s answer the questions
2.4. Fill in the blanks with the missing words and true and false sentences
= 3 ore
 Aims: to discuss the importance of building relationships

between solicitors and barristers; to teach some useful phrases; to analyse an
example of relationship-building in practice; to provide practice and feedback
of the situation of building a relationship in a trial.
 Introduction: When we think of trials, we tend to focus on the

skills connected with communication. In fact, many professional
communicators will confirm that the most important skill is effective
relationship building. If there is trust and understanding between the two
parties, the process will be much more successful, as will the long-term
relationship between them.
11
2.1. Read the following fragments
SOLICITORS AND BARRISTERS
The legal profession in England and Wales is divided into solicitors and
barristers. The duty of the solicitor is to give advice and to lead the business of the
client. He will also have a barrister to care of a specific matter of the client’s
business. The solicitors have the right to a brief council, who will be called in if the
situation requires, in order to give specialist advice, to draft documents or to act as
advocates in the higher courts. He is the one who will entitle the barrister to act as an
advocate in the higher courts.
The solicitors have been usually considered the junior part of the legal
profession, but have increasingly become the dominant part of it. They are only
 admitted for practice if they complete three stages of training: the academic stage, the
Reading, vocational stage and the apprenticeship. The academic stage of training is satisfied by
key- the completion of a qualifying law degree containing the six core subjects or by
concepts passing the Common Professional Examination. The six core subjects are
Constitutional and Administrative Law, Contract, Tort, Criminal Law, Land Law and
Equity and Trust. The last stage consists of a two years apprenticeship to an
established solicitor and can be regarded as the clinical stage of training. In this stage,
they learn various skills that are necessary for a solicitor, like managing an office,
interviewing clients, writing letters, instructing counsel and handling money. Once
admitted, the solicitor is required to maintain a practising certificate, for which a
substantial annual fee is charged.
The governing bodies of the barristers are more complex then those of
solicitors. First of alt in order to become a barrister, it is necessary to become a
member of one of the Inns of Court, like the Inner Temple, the Middle Temple,
Lincoln’s Inn or Gray’s Inn. Though admission to the Bar is still largely the domain
of the individual Inns, the formal education of a trainee barrister is centralised
through the Inns of Court School of Law. Another governing body for barristers is the
Bar Council, which is the barristers’ elected representative body.
Like in the case of solicitors, the training of barristers is divided into three
stages: academic, vocational and apprenticeship. The requirements of the academic
stage are the same with those of the solicitors. Barristers work in offices, in groups of
between twelve and twenty sharing services notably of a derk, but also secretarial and
other services. Each chamber is required to have at least one clerk, who performs the
functions of office administrator and accountant, business manager and agent. After
around ten to fifteen years in practice, a successful barrister can consider applying for
promotion to Queen’s Counsel known as “silk” from the material of which the
Queen’s Counsel formal gown is made.
The distinction between the two branches of the legal profession is an artificial
one. In fact, there are no tasks exclusive to one branch. Solicitors regularly appear as
advocates in the law courts and sometimes in Crown Courts, which are
geographically remote from barristers’ chambers. Equally, there are many barristers
who very seldom appear in the court, spending their time on written opinions on the
law. Over the years, there has been debate on the fusion of the two branches of the
profession.
12
BASIC VOCABULARY
fusion = the result of fusing; a coalition of ideas, conceptsl bronches, parties
etc.
advice = an opinion or recommendation offered as guide to action, conduct etc.
to draft = to draw the outlines or plan of; to sketch; to drow up in written form,
to compose
circumstance = a condition, detail, part or attribute, with respect to time, place,
manner, agent etc. which accompanies, determines, or modifies a fact or event; a
 modifying or influencing factor
Key- senior = more advanced in age or older in standingl superior in age or standing
concepts to, of higher or highest degree
to carry out = to put (principles, instruction) in practice
task = piece of work imposed
to handle = to manage (thing, person)
(to) brief = 1. summary of facts and law points of a case drawn up for counsel;
2. to instruct (barrister, solicitor) by brief, employ
completion = the act of completing; fulfilment
apprenticeship = working for another in order to learn a trade, for instruction,
training
vocational stage = educational training that provides a student with practical
experience in a particular occupational field
Inns of court = a legal society occupying such a building
sole = belonging or pertaining to one individual or group to the exclusion of all
others; exclusive
practitioner 1. one engaged in the practice of a profession, occupation; 2. one
who practices something specified
clinical = extremely objective and realistic
equity = 1. the application of the dictates of conscience or the principles of
natural justice to the settlement of controversies; 2. a system of jurisprudence or a
body of doctrines and rules developed in England and followed in the United States,
serving as supplement and remedy the limitations and the inflexibility of the common
law
trust = a fiduciary relationship in which one person (the trustee) holds the title
to property (the trust estate or trust property) for the benefit of the other (the
beneficiary)
gown = official or uniform robe of various shapes worn by judge, lawyer,
clergyman, college
tort = a wrongful act, not including a breach of contract or trust, which results
in injury to another’s person, property, reputation, or the like, and for which the
injured party is entitled to compensation
SYNONYMS
to divide = to separate
occasion = opportunity
to maintain = to keep up
artificial = synthetic
to spend =to disburse
advice = guidance
13
ANTONYMS
increasingly - decreasingly
satisfied - unsatisfied
subjective - objective
to maintain - to discontinue
simple - complex
artificial - genuine
to spend - to earn
1. What are the solicitors dealing with?

2. Is there any difference between solicitors and barristers?
3. Which is the historical recognition regarding the two branches of the legal
profession?
4. Which is the final stage in the solicitor’s education?
5. Name some barrister’s governing bodies.
6. Which are the stages the solicitors and the barristers are supposed to pass
through?
7. What do the barristers deal with?
8. When can a barrister consider applying for promotion to Queen’s Counsel?
9. Can the two legal professions interfere within each other?
10. Which are the motives that can lead to a fusion of the branches of the legal
profession?
2. What part does each of the following take in a trial?
a) The judge
b) The solicitor
c) The barrister
3. Which of the following statements are true and which are false? Correct the
false ones.
a) The barrister gives advice and has the conduct of the business of the client
from day to day.
b) The solicitor has the conduct of the business and he will retain another
solicitor to carry out a specific task in handling the client’s business.
c) Barristers are increasingly becoming the dominant branch of the profession.
d) There are eight core subjects for the final stage of training of the solicitors.
e) In order to become a solicitor it is necessary to become a member of the
Inn’s Court.
f) After around ten years in practice, successful barristers can consider applying
for promotion the Oueen’s Counsel.
14
a) The ........ , is currently alone entitled fo act as advocate in the low higher
courts.
b) The six core subjects are…………….....and ….
c) Once admitted, the …………. is required to maintain a practising certificate.
d) The ……….. of the academic stages are common to both branches of the
profession.
e) ………………….. are all sole proctitioners.
f) ……….......... regularly appear as advocates in the low courts.

Resurse online
work
15
UI 3. THE ROLE OF JUDGE AND JURY
1. Contents
2. Aims
3. Introduction
5. Bibliography
Contents
 UI 3. THE ROLE OF JUDGE AND JURY
3.1. Reading: Let’s stop wasting time and get on with it!
3.2 Reading: Vocabulary, synonyms, antonyms
3.3. Let’s answer the questions
3.4. Fill in the blanks with the missing words and true and false sentences
= 3 ore
 Aims: to discuss issues connected with the role of judge and jury
in a trial; to teach some useful phrases for starting a conversation and leaving
a conversation; to provide practice and feedback of the situation of starting
and leaving conversations with strangers.
 Introduction: This lesson aims to get students thinking about the

situation (through a quiz-based discussion and jigsaw reading) as much as
speaking and practicing the skill of starting conversations with strangers.
THE ROLE OF JUDGE AND JURY
There is a very subtle difference between the iudge and the iury: the judge deals
 with questions of law, while the jury deals with questions of fad. The difference
Reading, between the questions of law and the questions of Fad is also a very subtle one. An
key-
16
concepts
example of a question of fact is the issue whether the defendant was at a particular
place at a particular time. This issue is called by lawyers a question of primary fact.
On the other hand, in a criminal trial, where the intention is relevant, a question of
fact will require an evaluation of all the surrounding circumstances in coming to a
conclusion about the defendant's state of mind. For example, in a shop lifting (the
offence of theftL if the defendant was in a state of confusion resulted from the side
effects of medication and he had no intention to steal goods, the jury would be called
upon to elucidate these facts. This is no longer conclusive in the complex cases of
fraud or deception, where these issues are more important than the primary facts.
Moreover, the judge will have to deal with a question of law when defining the
constituent elements of the offence of theft.
The role of the judge in a court of law is a passive one. He has the role of the
arbiter of the law, who controls the trial and directs the jury. The length of a trial may
vary from a few hours to a month or more; the average length of a contested case is
just under nine hours, which is about two days of court time. If there are points of law
involving admissibility of evidence which are easy to decide upon without too much
argue, the judge may exclude the jury. Otherwise, the jury will listen to and will form
opinions about the veracity of witnesses. In this case, the judge will direct the iury to
reach a verdict of guilt or innocence. The iudge will be required to direct the jury to
give a verdict of not guilty" if a conviction cannot, as a matter of law, be sustained in
a case, during a trial. The judge cannot ignore such a direction, the resulting verdict
being called a direct acquittal. The judge will also sum up the case for the jury, before
it retires to consider a verdict. In the summing up, the judge will summarize the case,
explain the legal issues in contention, comment on factors that lend weight to or cast
doubt on certain evidence, from an independent and impartial standpoint. If the jury
ignores the judge’s explanation of the law when drawing a conclusion or if the jury
returns a verdict suspect of coming against the weight of evidence, the verdict will be
called perverse.
The jury is considered the arbiter of the fact, who deals with all the issues of
fact, who deals with all the issues of fact. The jurors will secretly deliberate about
whom they believe and disbelieve. They must form a collective viewpoint about the
case, as close to reality as possible, resulted from the evidence beFore them. After
determining whether the defendant's actions constitute the offence charged, the jury
retires and is not allowed to interfere until a decision is reached. If the jurors cannot
agree and if every effort of coming to a conclusion fails, a new jury will be called and
the case will be retried. The old discharged jury is called a "hung" jury.
At first, the decision of the jury in a trial court had to be unanimous, although it
was usually requiring a new trial of the same case. This problem was solved in 1967,
when The Criminal Justice Act was adopted. It introduced the principle of majority in
the decision reached by the jury. Nowadays, it is possible to acquit a convict if ten
jurors agree on a verdict, even if the jury consists of eleven or twelve jurors, or if nine
agree when the jury consists of ten jurors. If a member of a twelve parties jury dies
during the course of a trial, the trial will go on, even if the decision will have to be
reached by eleven jurors. It will stop if the number of jurors decreases below ten.
Usually, the decision of the jury cannot be changed by an appeal. The Court of
Appeal will not reopen a case or reconsider the decision made by the jury, unless
there had been a mistake in the use of the right procedure. If this happens, it means
that the judge will fail to conduct the trial correctly and the case is retried by the
Court of Appeal.
17
BASIC VOCABULARY
issue = a point in question or a matter that is in dispute as between contending
parties in an action of law
 to require = to call upon or oblige (a person) authoritatively; order or command;
to demand someone to account for his actions
Key-
evaluation = determining or setting the value or amount of
concepts
shoplifting = stealing goods from the shelves or displaying of a retail store
while posing as a customer
side-effect = any effect of a drug, chemical or other medicine that is in addition
to its intended effect, especially an effect that is harmful or unpleasant
fraud = 1. deceit, trickery, sharp practice or breach of confidence, used to gain
some unfair or dishonest advantage; 2. a particular instance of such deceit or trickery
deception = something that deceives or is intended to deceive; fraud;
subterfuge; trickery
to contest = to call a witness (in a lawsuit); to testify
admissibility = capability of being admitted
veracity = conformity to truth or fact; accuracy
to empanel = 1. to enter on a panel or list for jury duty; 2. to select (a jury) from
the panel
(to) convict = 1. to prove or declare guilty of an offence, especially after a legal
trial; 2. a person serving a prison sentence
standpoint = the mental position, attitude, from which one viewsn and judges
things
contention = struggle between opponents; dispute; controversy
perverse = wilfully determined or disposed to go counter to what is expected or
desired; contrary
to mitigate = to make less severe
confines = a boundary; border; frontier
to acquit = to declare innocent; settle (a debt); behave oneself
aquittal = declaration of innocence in court
SYNONYMS
to require = to demand
shoplifting = theft
fraud = deception
to contest = to testify
veracity = honesty
contention =controversy
ANTONYMS
to require – to forgo
veracity - dishonesty
partial - impartial
contention - disagreement
to believe - to disbelieve
18
1. What does the judge deal with?
2. What do the jurors deal with?
3. Give an example of a question of fact.
4. Name a question of low.
5. What are the relations between the judge and the jury?
6. What happens when the jury cannot agree on the verdict?
7. How many jurors are needed to obtain an accepted verdict?
8. When is the trial considered a failure by the trial judge?
2. Which of the following statements are true and which are false? Correct the
false ones.
a) The judge deals with questions of fact and the jury deals with questions of
law.
b) The judge is the arbiter of the law.
c) The judge cannot ever exclude the jury.
d) The judge is required to direct the jury to return a verdict of "nof guilty" if
during a trial a conviction cannot be sustained in a case.
e) Once the jury is refired, the judge delivers the sentence.
f) Acquittal by a jury is sacred. The Courf of Appeal can reopen or reconsider
the jury's decision.
a) When the defendant committed a public offence under the effects of

medication, the jury will be called upon to ......... the facts.
b) At all stages, the role of the…...........is passive.
c) The ……........... has the last word before the ………......retires to consider a
verdict when he sums up the case for the jury.
d) The verdict is called …..........when the jury ignores the judge's explanation
of the law.
e) ......... must debate in secret their deliberations about whom they believe and
disbelieve.
4. What do you call a person who:
a) Deals with questions of law

b) Deals with questions of fact
c) Is the arbiter of the law
d) Is the arbiter of the fact
19
3.4. Leaving a conversation
Complete the three short speeches using the words from the box at the side.

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20
UI 4. JUSTICE ON ANCIENT ROMANIAN LAND
1. Contents
2. Aims
3. Introduction
5. Bibliography
Contents
 UI 4. JUSTICE ON ANCIENT ROMANIAN LAND
4.1. Key terms
4.2 Reading: JUSTICE ON ANCIENT ROMANIAN LAND
= 3 ore
 Aims: to discuss techniques for planning and preparing; to teach

some useful phrases for stating your opening position;
 Introduction: The key to successful study is preparation and

research. This means finding out exactly what you want from the
negotiation/bargain/trade, and why you want it.
21
4.1. Key terms
Match the words and phrases on the left with the explanations on the right.
1. Position a. This is the figure for a particular variable that you

would find satisfactory.
2. Interest b. This is something that doesn’t really matter to you, but
which you include in your opening position statement
because you may be able to trade it for something
from the other party.
 3. Variable c. This is your best alternative to a negotiated agreement.
Key-
concepts In other words, it is what you will still have if the
negotiation fails.
4. Opening point d. A situation where there is no solution, because neither
side can move.
5. Target point e. This is your limit for a particular variable. You cannot
go beyond this point.
6. Reservation point f. This is the figure you give for a particular variable
when you first state your position.
7. BATNA g. This is what you really need out of the negotiation.
8. Deadlock h. To agree to a compromise half-way between person
A’s figure and person B’s figure.
9. Split the difference i. This is what you say you want out of the negotiation.
10. Giveaway j. This is one of the things that can be negotiated, such as
the unit price, guarantees or the delivery date.
JUSTICE ON ANCIENT ROMANIAN LAND
 The legislation of the Geto-Dacian state

Besides the unwritten law, expressed in the Geto-Dacian State, there was a law
Reading,
key- system. Strabon, a Greek geographer and historian, as well as lordanes, a historian of
concepts the Goths, at the court of the Ostrogoths’ kings, in Italy, stated that Geto-Dacians’
laws were adopted during the ruling of Burebista, who sustained that the laws he
imposed were inspired by gods.
The laws were transmitted from generation to generation, in written form and
they have been kept untillordanes' times (the 6-th century O.E.). By the agency of
these laws there have been introduced new standards - commandments of the king
who resorted to the authority of religion in order to be taken into account by his
people. There was the need of maintaining the fear of gods in order to be sure of the
observance of the law.
Legal institutions
22
At the same time with the extension of the slave-owning system, the
difFerences of wealth strengthened the great private extems property. In Dacia there
were great landholders that used the labour of the slaves. Besides the private property,
there existed the collective property of the territorial community.
Through the agency of information, recorded by Horatio, we know that the
Geto-Dacians were great tillers.
Regarding the organization of the family, there are a lot of information recorded
by Herodot, Ovid and Horatio. There was monogamy and the future husband had to
bought his bride from her parents. On the other hand, the future wife had to bring to
her new house a dowry consisting in money or goods.
Ovid affirmed that woman was on an inferior level compared to that of man.
She worked hard and she was sentenced to death if she had committed adultery.
There is no recorded information about the existence of any standards regarding
obligations and commercial contracts, but scientists consider that they existed (the
argument was the intensification of trade and the large use of coin).
In the field of criminal law, the main disposals considered the defence of the
state and of the private property. Generally speaking, the state was charged with the
justice, but they still applied the system of the blood revenge.
The Dacian State was concerned with the organization of the legal system. The
king Comosycus -as lordanes recorded -took care of the organization of the trial and
the trial itself, but he was at the same time the great priest. Some historical texts
certify the use of the judiciary combat in order to solve different litigation. As for the
diplomatic activity of the Dacians, they used norms of international law, the priests
using a certain ritual at the conclusion of the treaties.
BASIC VOCABULARY
custom = usual practice; (law) established usage having the force of a law
generation = 1. whole body of persons born about the same lime; 2: procreation,
propagation of species, begetting or being begotten; 3. production by natural or
artificial process; 4. overage time in which children are ready fo replace parents
(reckoned at 30 years, as a time measure)
agency = active operation, action; instrumentality
slave = person who is legol property of another and is bound to absolute
obedience
at the same time = concurrently
wealth = welfare, prosperity, riches, large possessions, opulence, abundance
collective = of, from, many individuals, common, by all, for the benefit of all
private = individual, personal, not affecting the community
community = 1. joint ownership, fellowship; 2. body of people living in the
same locality; 3. body of people having religion, profession in common
to strengthen = to become stronger, to make stronger
tiller = ploughman, farmer, cultivator
monogamy = practice, circumstance of being married to one at a time
information = 1. informing, telling; 2. thing told, items of knowledge, news; 3.
(low) charge, complaint, lodged with court or magistrate (against)
dowry = 1. property or money brought by wife to husband; 2. endowment,
marriage portion; 3. gift of nature, talent
adultery = voluntary sexual intercourse of married person with one of the
opposite sex, other than his or her spouse
23
trade = 1. exchange of commodities for money or other commodities,
commerce; 2. exportation or importation of goods from or to home countries, or
exchange of commodities of different countries
to revenge = to satisfy oneselt to be satisfied with retaliation (for offence, upon,
on the offender); to take vengeance
ritual = 1. prescribed order or performing religious service; 2. performance of
religious acts
SYNONYMS
concurrently = simultaneously
wealth = fortune
 to strengthen = to accentuate
disposal = disposition, measure; stipulation
Key- to attest = to certify
concepts combat = duel
conclusion = settlement
ANTONYMS
written - unwritten
difference - resemblance
monogamy - polygamy
private - collective
equality - inequality
1.What did Strabon and lordanes say about the Geto-Dacians; laws?
2.What was property in Dacia like?
3.What is the information recorded by Horatio regarding the Geto-Dacians?
4.What do we know about the family organization at that time?
5.What do we know about the criminal law?
6.Who was in charge with the organization and the trials?
7.Did the Geto-Dacians use any norms of international law?
2. Translate into English:
a ) În epoca sclavagistă exista o accentuată inegalitate intre femei şi bărbaţi.

b) Respectarea legilor statului asigura libertatea indivizilor.
c) Dezinformarea completului de judecată atrage după sine penalizarea celui in
cauză.
d) Unii oameni cred că au numai drepturi în societate.
e) În ţara noastră nu este acceptată bigamia.
f) Fiind adaptabil, omul a reuşit să reziste transformărilor naturale de-a lungul
timpului.
3. Some of the following sentences are true and some are false. Correct the
false ones:
24
1) Iordanes was a Greek historian and geographer.
b) Burebista used the fear of gods in order fo impose the obedience of the law.
e) In Dacia there were slaves who worked on the private properties as well as
on the collective ones.
d) Dacians were polygamous.
e) Geto-Dacians used the coin and made trade.
f) They still applied the blood revenge.
4. Explain the following terms:
generation
community
adultery
trade
6. Use the antonyms of the following words in sentences of your own:
resemblance
any
collective
to strengthen
polygamy

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25
UI 5. CIVIL PROCEEDING
1. Contents
2. Aims
3. Introduction
5. Bibliography
Contents
 UI 5. CIVIL PROCEEDINGS
5.1. Reading: CIVIL PROCEEDINGS
5.2 Useful phrases for making suggestions, agreeing and disagreeing
= 3 ore
 Aims: to discuss the advantages and disadvantages of civil

proceedings; to teach some useful phrases for making suggestions, agreeing
and disagreeing; to provide practice and feedback of the situations of civil
proceeding.
 Introduction: This lesson aims to provide practice of civil

proceeding at the same time as exploring possible improvements. The
second half of the lesson focuses on the necessary follow-up to proceedings:
evaluating ideas. This means the lesson covers two of the key language
functions of legal english: making suggestions and agreeing/disagreeing.
26
5.1. Reading: CIVIL PROCEEDINGS
CIVIL PROCEEDINGS
Understanding the English legal system must start with the distinction between
civil and criminal proceedings. Civil and criminal proceedings require different courts
and procedures, although some judges sit in both civil and criminal courts. The
distinction between civil and criminal proceedings consists mainly in the legal
consequences that follow a particular act.
The role of the civil law and civil proceedings is to determine the rights and
 obligations of individuals themselves, as well as in their relations with the others.
Reading, Such civil acts could be: the determination of rights arising under a contract, the
key- rights regarding property and succession, the obligations of paying damages for torts,
concepts like negligence, nuisance or defamation, questions of status, such as divorce, adoption
and the custody of children. These rights belong to the area of private law, as they are
of private nature; but there are also rights that belong to the public law, like questions
of taxation, or questions of planning and compulsory purchase, which are of public
nature.
In a civil proceeding, the person who begins the proceeding is the plaintiff and
he sues or brings an action against a defendant. The plaintiff will be seeking a
remedy, usually in the form of damages (money compensation), but possibly also in
the form of an injunction (an order prohibiting the defendant from committing or
continuing to commit a wrongful act). Most civil proceedings are heard by a judge
sitting alone; in defamation cases, which are very rarel the judge will be helped by a
jury in civil proceedings. The judge delivers a judgement after hearing the action. The
terminology is not the same in all the civil proceedings. For instance, in divorce
proceedings, the petitioner, who asks for the marriage to be dissolved, partitions for a
decree against the respondent. If it is certain that the marriage has broken down
irretrievably because of the respondent's adultery, the person with whom the
respondent is alleged to have committed adultery must usually join the proceedings.
This party is called co-respondent.
In civil proceedings, the plaintiff usually must prove the facts on which the
claim is based. This means that the plaintiff has the burden of proof, which in the
civil cases is said to be on the balance of probabilities. In other words, the plaintiff
must satisfy the judge through admissible evidence, which is more reliable than his
statements which he pretends to be true.
BASIC VOCABULARY. IDIOMS

procedure = 1. act or manner of proceeding in any action or process; conduct; 2.
a particular course or mode of action; 3. mode of conducting legal parliamentary, or
other business, especially litigation and judicial proceedings
obligation = 1. an argument enforceable by law, originally applied to promises
under seal; 2. a document containing such an agreement; 3. a bond containing a
penolty with a condition annexed for payment of money, performance of covenance
etc.; 4. any bond, note, bilt certificate, or the like, as of a government or a
corporation, serving os evidence of indebtedness; 5. something by which a person is
bound to do certaih things, and which arises out of a sense of duty or results from
custom, low etc.;
27
succession = the descent or transmission of a throne, dignity, estate, or the like;
nuisance = something offensive or annoying the individuals or to the
community, especially in violation of their legal rights;
defamation = false or unjustified injury of the good reputation of another as by
slander, libel, calumny
compulsory = required without exception; mandatory; obligatory;
 SYNONYMS
Key-
fundamental = essential
concepts
consequence = effect
obligation = (1) contract; (2) = responsibility
compulsory = obligatory
ANTONYMOUS
fundamental - secondary
negligence - care
private - public
compulsory - voluntary
1. Is there any difference between civil and criminal proceedings?

2. Which are the aims of the civil law and civil proceedings?
3. Who is the person who begins the proceedings and what does he do?
4. Which is the schedule of a civil proceeding?
5. What about divorce?
6. What does the burden of proof imply?
2. Complete the blank spaces with the missing words:
a) Different ......... and ......... are used for civil and criminal proceedings.
b) Civil law and proceedings aim to determine the ......... and ......... of
individuals as well as between each other.
c) Questions of taxation or questions concerning planning or compulsory
purchase
are rights that belong to ......... low.
d) Most civil proceedings are heard by a ......... sitting alone.
e) In civil proceedings, the plaintiff usually has the ......... of proof.
3. What do you mean by:
-proceeding
-procedure
-case
-burden of proof
-litigation
4. Which of the following statements are false and which are true? Correct the
false ones:
28
a) The distinction between civil and criminal proceedings is of no importance in
understanding English legal system.
b) The questions of taxation are of private law nature.
c) In most criminal proceedings the person beginning the proceedings is the
plaintiff.
d) Most civil proceedings are heard by a jury of 12 persons.
e) The plaintiff must satisfy the judge through admissible evidence, which is
nof as reliable as his statements that he pretends to be true.
1.Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

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 = INFORMAŢII DE REFERINŢĂ/CUVINTE CHEIE

= TIMPUL NECESAR PENTRU STUDIUL UNEI UNITĂŢI DE

 Aims: to discuss the importance and drawbacks of vocabulary at

 Introduction: The text in this lesson present arguments from

law = 1. body of enacted or customary rules recognized by a community as

dispute = controversy, debate

1. Answer the questions:

1. When will a person consult a solicitor?

a) Civil cases are brought by a plaintiff against a ......... .

1. Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

UI 2. SOLICITORS AND BARRISTERS

 Aims: to discuss the importance of building relationships

 Introduction: When we think of trials, we tend to focus on the

SOLICITORS AND BARRISTERS

1. Answer the questions:

1. What are the solicitors dealing with?

2. What part does each of the following take in a trial?

1. Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

UI 3. THE ROLE OF JUDGE AND JURY

 Introduction: This lesson aims to get students thinking about the

THE ROLE OF JUDGE AND JURY

1. Answer the questions:

3. Fill in the blanks with the missing words:

a) When the defendant committed a public offence under the effects of

4. What do you call a person who:

a) Deals with questions of law

1. Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

UI 4. JUSTICE ON ANCIENT ROMANIAN LAND

 Aims: to discuss techniques for planning and preparing; to teach

 Introduction: The key to successful study is preparation and

1. Position a. This is the figure for a particular variable that you

JUSTICE ON ANCIENT ROMANIAN LAND

 The legislation of the Geto-Dacian state

1. Answer the questions:

2. Translate into English:

a ) În epoca sclavagistă exista o accentuată inegalitate intre femei şi bărbaţi.

4. Explain the following terms:

6. Use the antonyms of the following words in sentences of your own:

1. Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

 Aims: to discuss the advantages and disadvantages of civil

 Introduction: This lesson aims to provide practice of civil

BASIC VOCABULARY. IDIOMS

1. Answer the questions:

1. Is there any difference between civil and criminal proceedings?

2. Complete the blank spaces with the missing words:

3. What do you mean by:

1.Gude, Kathy (1997). Proficiency in English, Oxford: University Press.

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