Documente online.
Username / Parola inexistente
  Zona de administrare documente. Fisierele tale  
Am uitat parola x Creaza cont nou
  Home Exploreaza
Upload




























ENGLEZA PENTRU JURISTI

diverse




ENGLEZA PENTRU JURISTI


PART 1: THE ENGLISH LEGAL SYSTEM





1.The Inns and Outs


Who does what?


Test your knowledge

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


Lawyers Face the Free Market Test


Vocabulary items:

deregulation = change

cost-effective = financially efficient

constrained = limited

safeguarded = protected

are bound = are obliged

barrister = avocat pledant

ancillary = subordinate, secondary

jurisdiction = putere judiciara

expertise = competence

Legal Ombudsman = a Parliamentary Commissioner who investigates complaints against        government department

Lay Observer = observator profan, nespecialist

conveyancing = cesiune


Categories: 1-C; 2-B; 3-D; 4-A; 5-C


Vocabulary search:

financially efficient = cost-effective

to work (as a lawyer) = to practice in the legal profession

restricted = constrained

protected = safeguarded

pleading in court = advocacy

the right to appear in court as an advocate = the right of audience

step/level = certificate

to give/to grant = to issue

pertinent = relevant

qualified or suitable for something = professional

to keep = retain

a person who acts as an intermediary in the buying and selling of property = estate        agent

a person who acts as an intermediary between the general public and the Stock Exchange = stockbroker

to handle = to deal with

to get rid of = to abolish

a Parliamentary Commissioner who investigates complaints against government departments or large organisations 222x231c = Ombudsman

to reexamine = investigate

laws or rules intended to protect someone or something from being harmed = jurisdiction

acknowledged = eligible for appointment

special skills or knowledge acquired by training, study or practice = practice

(someone who is) not a member of the profession = non-lawyer

to make (something) difficult by placing obstacles in the way = to hinder


Crown Prosecutors, an Example of Change


Definitions:

a Crown Prosecutor = a prosecutor of the Royal service

to prosecute = to initiate and conduct legal proceedings

a) a da in judecata: Mary Whitehouse successfully prosecuted the editor of the newspaper.

b) a reprezenta acuzarea, a acuza: Mr. Woodby always defends, he never prosecutes.

prosecutor = acuzator, procuror

"lower" courts = courts of justice of minor importance

rights of audience = rights of practice in the court

a solicitor = (only in the lower courts) a solicitor is a lawyer who gives legal advice and prepares legal documents and cases; consilier juridic, jurist, avocat

a local authority = a public figure of the local community

the "duty solicitor" scheme = a schedule for solicitors to be on duty

to take instructions = to receive instructions

criminal case = legal case that has to do with conviction (not civil)


Rearrange the text:

The Crown Prosecution service was set up in October 1986 as a result of a Royal Commission that looked into the idea of separating the investigative process and prosecution itself. Now, however, a powerful national service exists that is completely independent from the police. Before the police had the responsability for both. There were, in fact, several means of obtaining solicitors to prosecute: some, for example, employed solicitors and the police had the same role as a private client.

To conclude, it may be said that this service is working well despite a lack of funding and some difficulty in recruiting staff.



2. The Arms of the Law.


The Judiciary. Magistrates


Definitions:

the judiciary = sistem juridic

Lord Justice = lord is the title used in front of the name of judge, bishops (episcop), and officials of high rank; e.g. the Lord Mayor of London; the Lord Chief Justice

appeal = apel, recurs

Lord Justice of Appeal = judecator la Curtea de Apel

Justice of Peace = judecator de pace; A Justice of Peace is an officer of the Court who judges cases that come before the lower courts.

stipendiary = salariat; (as an adj.) cu salariu: stipendiary magistrate

a magistrate = is an official who acts as a judge in a law court which deals with minor crimes or disputes

offence = delict, infractiune; An offence is a crime.

assault = atac

crime = delict

jury = juriu, totalitatea juratilor

indictable = pasibil de urmarirea penala, care cade sub rigorile legii

manslaughter = omor prin imprudenta

to commit = a trimite la inchisoare; a condamna

committal = arestare

warrant = mandat

to issue = a emite

betting (shop) = agentie de pariuri

panel = comisie, comitet, grup de specialisti

expense = cheltuieli care se deconteaza; at someone`s expense = pe cheltuiala cuiva

to incur = a face datorii; business expenses that arise / incurred outside the office


Vocabulary search:

not an expert (adj.) = lay

to handle = deal with

petty = marunt, neinsemnat, meschin, trivial

infringement of the law = criminal jurisdiction; incalcare, violare

soliciting money or goods = offence

offence that is tried in the Common Court = indictable offence

murder with mitigating circumstances or no mens rea = manslaughter

stealing money, property or goods = theft

sum = amount

to choose = elect

to justify = to warrant

document authorising the arrest of a person or a search of his property = warrant

permission to do something that would otherwise be unlawful = license

the head of the judiciary = the Lord Chancellor

deserving = worthy

that arise = incur

something which proves the existence (or non-existence) of a fact = evidence

helped = assisted


Guided summary:

A lay magistrate, otherwise known as a Justice of the Peace deals with civil and criminal cases that are not serious enough to go as far as the Crown or County Courts. Unlike stipendiary magistrates, who receive a stipend and are allowed to sit alone, they can claim only expenses that arise in the course of their judicial duties. Magistrates handle all summary offences as well as some "either way" offences, where the defendant prefers a case without a jury. They also decide which cases should be referred to the higher courts, during what is termed committal proceedings.




Police Powers


Vocabulary items:

offence = delict, infractiune

to repeal = a abroga, a revoca

burglary = spargere

fingerprint = amprenta

smuggling = contrabanda

warrant = mandat de arestare

manslaughter = omor prin imprudenta

reckless = nesabuit

harm = vatamare, primejduire

charge = accusation

evidence = sample (proba)

under (the Public Order) = sub incidenta

record = cazier

conspiracy = uneltire

interference = amestec, ingerinta

summon = citatie


Translation:

1. Rape is an offence that carries a sentence of at least five years.

2. Police powers undergo changes at present.

3. Arsony for criminal purposes is considered as serious a crime as theft.

4. The texts regarding arrest without warrant are going to be modified.

5. He is suspected by the police of drugdealing.

6. Every time he is being asked a question, he pretends he hasn`t heard or seen anything.

7. Police is going to question the suspect tomorrow.

8. How annoying! This young inspector is always about to require house-search, even when it is not necessary.

9. In England, fingerprints are taken at the Commissariat.

10. The increasing number of criminal offences in Romania starts worrying the authorities.


3. The Court System


The Different Courts


What goes where?

The Initiation of a Case = to sue someone for damages, to bring an action to Court for compensation

The Parties to a Case = the plaintiff, the defendant/the accused

The Judgment = to prosecute, to fine the defendant, to find for the plaintiff, to sentence the accused, to award compensations

The Appeal = to reverse a decision, to quash a conviction, to order a new trial, to substitute an alternative verdict


The right terminology:

prosecuted = sued

accused = plaintiff

the plaintiff = the accused

awarded him damages = sentenced him to

reverse his conviction = substituted an alternative verdict

plaintiff = defendant


Tribunals


Translation:

1. In the fifties a Parliamentary Commisssion drew up a report on the system of tribunals.

2. During the nineties the European Court became more and more important.

3. A lot of judicial reforms were carried out in the last fifteen years.

4. Only in June 1990 the government took a vote on ten Acts as regards education.

5. It`s for the first time that this landlord sued the tenant at law.

6. He hasn`t received but the rent for a month this year ... and it`s already October.

7. The hearing has been lasting for three hours. / The hearing has been on for three hours.

8. The council was created on the basis of the report of the Commission.

9. The public ignored the existence of the adjucative councils during their creation.


4. The Job Market


What`s Right For You?


Vocabulary items:

litigation = litigiu, proces, judecata

liaison = legatura

practice = birou


Vocabulary search:

A consilia = to advice

Cautat = seeked

Provocare = challenge

Volum de munca = volume of work

Disponibil = available

Insolvabilitate = insolvency

Administrator judiciar = administrative receiver

Drept penal = criminal law

Experienta = practice

Consilier fiscal = tax consultant

Formatie = team

Conceput = conceived

Ameliorat = enhanced

Arbitraj = litigation

Retea nationala = nationwide network

Gama larga = wide range

Pertinent = competent

A evalua = to asset

Stagiar = trainee, articled


Definitions:

Scheme = project

Career advancement = promotion

Associate partner = another solicitor working in the same business

Administrative receiver = legal administrator; administrator judiciar

Insolvency = the state of a person or organisation that does not have enough money to pay their debts

Rewards = recompensa, rasplata

Corporate tax = taxes paid by corporations

Bonus = an extra sum of money as a reward for work well done; prima

Articles = the period of being a trainee; stagiatura

Applicant = a person who wants to get a job


Applying for a Job


A Curriculum Vitae: 1-D; 2-C; 3-G; 4-A; 5-E; 6-F; 7-B




PART TWO: LEGAL CONCEPTS


The common law = the general legal system

Jurisdiction = jurisdictie; the power that a court of law or someone in authority has to carry out legal judgements or enforce law

Equity = a) echitate, dreptate; b) jurisprudenta bazata pe legea nescrisa / dreptul antioal; the principle used in law which allows a fain judgement to be made in a case where the existing laws do not provide a reasonable answer to the problem

Statute = act legislativ; lege adoptate de parlament

Statute book = cod penal; culegere de legi votata de parlament

To atomize = divided into a lot of small parts; a se pulveriza, scinda

Jutes = Low-German tribe that settled in Britain in the 5th-6th cent.

Intestate [intesteit] = die without leaving a will; fara a lasa testament

Tenure (of land) = in the legal right to live in a palace or use land or buildings for a period of time

Tenants in chief = Norman noblemen given their land by the king who presided the feudal courts

Tenant = chrias

Self-seeking = egocentric, egoist, interesat

Patrimonial rights = patrimoniu, mostenire, avere



Judicative = judicial

A sitting = is an occasion when an official body such as a law court has a meeting; reuniune, sedinta

Revenue = venit

Forfeiture = pierdere

Amerce = a) (law) punish by fine; b) punish arbitrarily

To resent = to revolt e.g. If you resent something you feel bitter and angry about it; a se indigna, infuria

Impetus = impuls, avant

Exchequer = Ministerul de Finante

Plea = a formal statement by or on behalf of the defendant; pledoarie. A plea is the answer which someone gives when they say they are guilty or not.

Appellate = law (especially of a court) concerned with or dealing with appeals (The Court of Appeal)

To supplant = to take their place; a inlocui

At the outset = de la inceput


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


The Nature of the Common Law


Language Focus: Prepositions

The judges used to sit on the Assizes.

Offences to the person include murder and rape.

The criminal is to be tried for manslaughter.

When a barrister is admitted to the profession, we say that he is called to the bar.

In common law a mistake only prevents the formation of a contract if it is a fundamental mistake of fact.

A good lawyer must know which rules apply both to common law and equity.

The drunken driver was put under arrest.

The suspect was held in custody before being released on bail.

The Court of King`s Bench had first instance jurisdiction over all wrongs.

A suit now refers to any type of court proceedings though its original meaning was a suit for equity rather than an action of law.

For the winding up of a firm a liquidator is appointed.


The Writ System


Writ = ordonanta, dispozitie

Indorse (endorse) = confirm,, sign; write an explanation on the back of a document

Pleading = pledoarie

Onerous = difficult and unpleasant; oneros, impovarator


Vocabulary search:

Not the same = no more than

At the beginning = originally

To obtain = to acquire

Remedy / the act of making right = to redress

A person party to a court action = litigant

Satisfaction = relief

A court order telling a person that he must fulfil his obligations under a contract = injunction

To be victorious / to take precedence = to prevail

To resist = to defy

Complicated = intricate

To replace = to supersede

To make law = judicature

A person applying for redress against another person in a law suit = plaintiff

Pure / simple = idle

To count on = rely on

Eviction = ejectment

A conveyance of land giving full possession to a person for a fixed period = lease

Agreement / promise = covenant

Responsible in law = liable

Non-respect of an agreement = breach


Definitions:

An injunction = a judicial order restraining a person from an act or compelling redress to an injured party

The "fountain of justice" = the supreme justice

"Conflict or variance" = disagreement

the Court of Chancery = the supreme / Royal court of justice

a tenant = a person who rents land or property from a landlord

equity = natural justice


Translation:

Modern law is complex as compared to equity.

Equity is part of the common law.

The British legal system is the best in the world.

Lawyers play an important part in contemporary society.

In the Middle Ages the king, as the fountain of justice, acted / was very often as both the judge and the judiciary.

In 1875 the English Judiciary changed and "common injunctions" were abolished.

In Paris the angry landlord and the tenant that doesn`t pay his rent are typical litigants in the court of law.

I love law, especially commercial law.

Contemporary law students are the future lawyers and we call upon them to study the use of the article in English.


Vocabulary items:

Practice statement = a statement made in the course of trials; no legal statement

Admonitory (admonition) = warning, rebuke; dojana, admonestare

Obiter dicta = (a thing said by the way by a judge) not essential, without binding authority

A counsel = is a lawyer who gives advice on a legal case and fights the case in court; e.g. That is one of the arguments that is used by defense counsels.


Answer the questions:

The Acts of Judicature of 1873-1875.

A judge`s decision in a particular case constitutes a "precedent".

Binding decision = compulsory; persuasive decision = consider it is material, but not binding

The parts of a decision regarding as binding are called the ratio decidendi of the case; persuasive = obiter dicta

The Court may depart from its earlier decision when it thought it right to do so.

It may depart from its previous decisions in only three narrow situations: where there are two earlier conflicting decisions; where the Court`s earlier decision cannot stand with a subsequent decision of the House of Lords; and when the Court`s earlier decision was given per incuriam (through negligence or oversight).




Language Focus: The Passive: Translate into English:

At the beginning of the century the Courts of Appeal (Appelate Courts) were compelled to apply the doctrine of precedent.

The doctrine of precedent was considered as binding.

Indeed the English law is based on the principle of stare decisis (in other words, what was decided previously must be obeyed).

The judge was compelled to state his verdict on account of a precedent case that was already judged.

Starting 1966 a relaxation is to be noticed.

The English judges were allowed to depart from a previous decision for the sake of jurisdiction.

Nevertheless, there are only three instances when a departure from previous decisions can be made.

It must be noted that only a part of a judgement is taken into account.

Any proposition of law found in the judgement that is not related to ratio decidendi is called obiter dicta.

All along this text many judicial aspects were brought up.



Vocabulary items:

Go-slow = greva cu incetinirea ritmului de lucru

Work-to-rule = greva japoneza

To withhold = a retine

Fall due = i se cuveni, a-i reveni

Repudiatory = a repudia, a respinge

To detract = a scadea, a diminua

Recourse = recurgere

Notice = atentionare, avertizare

Rescission abrogare, anulare

Redundancy = concediere, reducere de personal

To accrue = a se acumula

Concession = concesie


The vocabulary of industrial action:


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


Language Focus: Linking Words:

Dar        = but

De fapt = in fact

Cu toate ca though

Asa cum = as

Mai mult / in plus = moreover

Totusi = however

Altfel = but only that

La fel = any more than

Deoarece = since

Din aceasta cauza = thereby

Daca da . sau nu = whether or not

In timp ce = during

Asa incat = in that

In acest scop = here

Bineinteles = indeed


Translation:

As Mr. X took part in a go-slow strike 10% of this month wage will be withheld.

Although the workers preceded the strike by a notice they are liable of breach of contract.

Moreover, common law enhances the illegal character of the strikes.

In fact, it is difficult to state / assert that the state adopts a neutral stand regarding industrial actions / in its attitude toward strikes.

Even lesser forms of industrial action, such as work-to-rule or go-slow, are punished by law.

The strikers that give a notice simply want to "break" the contract trying to keep the contract alive as long as the employer does not exercise his right of rescission.

If an employee thinks he is the victim of unfair dismissal whether or not he took part in a strike, he can, of course, ask for a judicial decision (an industrial tribunal has jurisdiction to hear his complaint).

























































































Document Info


Accesari: 3390
Apreciat:

Comenteaza documentul:

Nu esti inregistrat
Trebuie sa fii utilizator inregistrat pentru a putea comenta


Creaza cont nou

A fost util?

Daca documentul a fost util si crezi ca merita
sa adaugi un link catre el la tine in site

Copiaza codul
in pagina web a site-ului tau.




eCoduri.com - coduri postale, contabile, CAEN sau bancare

Politica de confidentialitate

Copyright Contact (SCRIGROUP Int. 2020 )