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SC - Limba Engleza
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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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1
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
= TEST DE AUTOEVALUARE
= BIBLIOGRAFIE
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
2.1. Reading: - Let’s stop wasting time and get on with it!................................ 12
2.2 Reading: Vocabulary, synonyms, antonyms............ 13
2.3. Let’s answer the questions................................................................................... 15
2.4. Fill in the blanks with the missing words and true and false
sentences.................................................................................
UI 3. THE ROLE OF JUDGE AND JURY........................................................... 18
3.1. Reading: - Let’s stop wasting time and get on with it!................................ 19
3.2 Reading: Vocabulary, synonyms, antonyms............ 20
3.3. Let’s answer the questions................................................................................... 21
3.4. Fill in the blanks with the missing words and true and false 22
sentences.................................................................................
UI 4. JUSTICE ON ANCIENT ROMANIAN LAND....................................……. 24
4.1. Reading: - Let’s stop wasting time and get on with it!................................ 25
4.2 Reading: Vocabulary, synonyms, antonyms............ 25
4.3. Let’s answer the questions...................................................................................
4.4. Fill in the blanks with the missing words and true and false
sentences.................................................................................
UI 5. 5. CIVIL PROCEEDINGS........................................ 28
5.1. Reading: - Let’s stop wasting time and get on with it!................................ 29
5.2 Reading: Vocabulary, synonyms, antonyms............ 30
5.3. Let’s answer the questions...................................................................................
5.4. Fill in the blanks with the missing words and true and false
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
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
7
to reach agreement = to have on accordance in opinion
SYNONYMS
legal - illegal
plaintiff - defendant
defence - prosecution
straightforward – indirect
8
2. Fill in the blanks with the missing words:
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
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
UNITATEA DE ÎNVĂŢARE 2
Contents
1. Aims
2. Introduction
3. Topic development
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
11
2.1. Read the following fragments
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
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
4. Fill in the blanks with the missing words:
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.
BIBLIOGRAFIE RECOMANDATĂ
Resurse online
3. International Legal English,
https://law.univ.kiev.ua/images/abook_file/International_legal_english.pdf
4. Business and work, https://learnenglish.britishcouncil.org/en/business-and-
work
15
UNITATEA DE ÎNVĂŢARE 3
1. Contents
2. Aims
3. Introduction
4. Topic development
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.
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.
19
3.4. Leaving a conversation
Complete the three short speeches using the words from the box at the side.
BIBLIOGRAFIE RECOMANDATĂ
Resurse online
5. International Legal English,
https://law.univ.kiev.ua/images/abook_file/International_legal_english.pdf
6. Business and work, https://learnenglish.britishcouncil.org/en/business-and-
work
20
UNITATEA DE ÎNVĂŢARE 4
1. Contents
2. Aims
3. Introduction
4. Topic development
5. Bibliography
Contents
UI 4. JUSTICE ON ANCIENT ROMANIAN LAND
4.1. Key terms
4.2 Reading: JUSTICE ON ANCIENT ROMANIAN LAND
= 3 ore
21
4.1. Key terms
Match the words and phrases on the left with the explanations on the right.
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?
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.
generation
community
adultery
trade
resemblance
any
collective
to strengthen
polygamy
BIBLIOGRAFIE RECOMANDATĂ
Resurse online
7. International Legal English,
https://law.univ.kiev.ua/images/abook_file/International_legal_english.pdf
8. Business and work, https://learnenglish.britishcouncil.org/en/business-and-
work
25
UNITATEA DE ÎNVĂŢARE 5
UI 5. CIVIL PROCEEDING
1. Contents
2. Aims
3. Introduction
4. Topic development
5. Bibliography
Contents
UI 5. CIVIL PROCEEDINGS
5.1. Reading: CIVIL PROCEEDINGS
5.2 Useful phrases for making suggestions, agreeing and disagreeing
= 3 ore
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.
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
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.
-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.
BIBLIOGRAFIE RECOMANDATĂ
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
29