LEGAL ENGLISH

- suport de curs pentru anul I, semestrul I -

Lector dr. Iulia Elena ZUP

OBIECTIVE GENERALE
Limbajul juridic poate fi neles i nsuit doar printr-o cunoatere
temeinic a regulilor gramaticale i a structurilor comunicative de baz ale
limbii engleze cel puin la nivelul mediu. Prezentul suport de curs se bazeaz
pe manualul utilizat n cadrul seminarului: Amy Krois-Lindner, Matt Firth and
TransLegal: Introduction to International Legal English, Cambridge
University Press, 2009, leciile 1-5. Obiectivul general l reprezint nsuirea
vocabularului juridic pentru materiile: contract law, tort law, criminal law,
company law.
Not informativ cu privire la evaluare: 50% activitate la seminar
(inclusiv evaluari pe parcursul semestrului) + 50% examen final scris.

I. Contract law
Obiective: - nsuirea vocabularului juridic corespunztor materiei de drept

The Contract: Definition

The contract is an agreement creating obligations enforceable by law.
The basic elements of a contract are mutual assent, consideration, capacity,
and legality. In some states, the element of consideration can be satisfied by a
valid substitute. Possible remedies for breach of contract include general
damages,

consequential

damages,

reliance

damages,

and

specific

performance.
Contracts are promises that the law will enforce. The law provides
remedies if a promise is breached or recognizes the performance of a promise
as a duty. Contracts arise when a duty does or may come into existence,
because of a promise made by one of the parties. To be legally binding as a
contract, a promise must be exchanged for adequate consideration. Adequate
consideration is a benefit or detriment which a party receives which
reasonably and fairly induces them to make the promise/contract. For
example, promises that are purely gifts are not considered enforceable because
the personal satisfaction the grantor of the promise may receive from the act
of giving is normally not considered adequate consideration. Certain promises
that are not considered contracts may, in limited circumstances, be enforced if
one party has relied to his detriment on the assurances of the other party.
Proof of some or all of these elements may be done in writing, though
contracts may be made entirely orally or by conduct. The remedy for breach
of contract can be "damages" in the form of compensation of money or
specific performance enforced through an injunction. Both of these remedies

award the party at loss the "benefit of the bargain" or expectation damages,
which are greater than mere reliance damages, as in promissory estoppel. The
parties may be natural persons or juristic persons. A contract is a legally
enforceable promise or undertaking that something will or will not occur. The
word promise can be used as a legal synonym for contract, although care is
required as a promise may not have the full standing of a contract, as when it
is an agreement without consideration.
Contracts are mainly governed by state statutory and common (judgemade) law and private law. Private law principally includes the terms of the
agreement between the parties who are exchanging promises. This private law
may override many of the rules otherwise established by state law. Statutory
law may require some contracts be put in writing and executed with particular
formalities. Otherwise, the parties may enter into a binding agreement without
signing a formal written document.

Elements
At common law, the elements of a contract are offer, acceptance,
intention to create legal relations, and consideration.
Offer and acceptance
In order for a contract to be formed, the parties must reach mutual
assent (also called a meeting of the minds). This is typically reached through
offer and an acceptance which does not vary the offer's terms, which is known
as the "mirror image rule". If a purported acceptance does vary the terms of an
offer, it is not an acceptance but a counteroffer and, therefore, simultaneously
a rejection of the original offer. It is important to note that where an offer

specifies a particular mode of acceptance, only an acceptance communicated

via that method will be valid.
Contracts may be bilateral or unilateral. A bilateral contract is an
agreement in which each of the parties to the contract makes a promise or set
of promises to each other. For example, in a contract for the sale of a home,
the buyer promises to pay the seller $200,000 in exchange for the seller's
promise to deliver title to the property. These common contracts take place in
the daily flow of commerce transactions, and in cases with sophisticated or
expensive promises may involve extensive negotiation and various condition
precedent requirements, which are requirements that must be met for the
contract to be fulfilled.
Less common are unilateral contracts in which one party makes a
promise, but the other side does not promise anything. In these cases, those
accepting the offer are not required to communicate their acceptance to the
offeror. In a reward contract, for example, a person who has lost a dog could
promise a reward if the dog is found, through publication or orally. The
payment could be additionally conditioned on the dog being returned alive.
Those who learn of the reward are not required to search for the dog, but if
someone finds the dog and delivers it, the promisor is required to pay. In the
similar case of advertisements of deals or bargains, a general rule is that these
are not contractual offers but merely an "invitation to treat" (or bargain), but
the applicability of this rule is disputed and contains various exceptions.
In certain circumstances, an implied contract may be created. A
contract is implied in fact if the circumstances imply that parties have reached
an agreement even though they have not done so expressly. For example, a
patient may implicitly enter a contract by visiting a doctor and being
examined; if the patient refuses to pay after being examined, the patient has

breached a contract implied in fact. A contract which is implied in law is also

called a quasi-contract, because it is not in fact a contract; rather, it is a means
for the courts to remedy situations in which one party would be unjustly
enriched were he or she not required to compensate the other.

Intention to create legal relations

In commercial agreements it is presumed that parties intend to be
legally bound unless the parties expressly state the opposite as in a heads of
agreement document.
In contrast, domestic and social agreements such as those between
children and parents are typically unenforceable on the basis of public policy.

Consideration
Consideration is something of value given by a promissor to a
promisee in exchange for something of value given by a promisee to a
promissor. Typically, the thing of value is a payment, although it may be an
act, or forbearance to act, when one is privileged to do so, such as an adult
refraining from smoking. This thing of value or forbearance from some legal
right is considered to be a legal detriment. In the exchange of legal detriments,
a bargain is created.
Courts will typically not weigh the "adequacy" of consideration as
long as the consideration is determined to be "sufficient", with sufficiency
defined as meeting the test of law, whereas "adequacy" is the subjective
fairness or equivalence. For instance, agreeing to sell a car for a penny may
constitute a binding contract if a party desires the penny. This is known as the
peppercorn rule, but in some jurisdictions, the penny may constitute legally

insufficient nominal consideration. Parties may do this for tax purposes,

attempting to disguise gift transactions as contracts. Transferring money may
be sufficient, particularly if there is accord and satisfaction.
However, consideration must be given as part of entering the contract,
not prior as in past consideration. The insufficiency of past consideration is
related to the preexisting duty rule. The preexisting duty rule also extends to
general legal duties; for example, a promise to refrain from committing a tort
or crime is not sufficient.

Formation
In addition to the elements of a contract:

A party must have capacity to contract. That means parties

in a contract must justify their majority in age to understand terms of

the contract and be mentally able.

The purpose of the contract must be lawful.

The form of the contract must be legal.

The parties must intend to create a legal relationship.

The parties must consent.

Exercise/Questions:
1. Please give the definition of the contract.
2. What are the requirements for a valid contract to be formed?
3. Which are the elements of the contract?
4. Which types of contracts are there?
5. What is consideration?
6. In which cases is the intention to create legal relations important?

II. Tort law

Obiective: - nsuirea vocabularului juridic corespunztor materiei de drept

Torts are civil wrongs recognized by law as grounds for a lawsuit.

These wrongs result in an injury or harm constituting the basis for a claim by
the injured party. While some torts are also crimes punishable with
imprisonment, the primary aim of tort law is to provide relief for the damages
incurred and deter others from committing the same harms. The injured
person may sue for an injunction to prevent the continuation of the tortious
conduct or for monetary damages.
Among the types of damages the injured party may recover are: loss
of earnings capacity, pain and suffering, and reasonable medical expenses.
They include both present and future expected losses. In order to prevail, the
plaintiff in the lawsuit must show that the actions or lack of action was the
legally recognizable cause of the harm. The equivalent of tort in civil law
jurisdictions is delict.
There are numerous specific torts including trespass, assault, battery,
negligence, products liability, and intentional infliction of emotional distress.
Legal injuries are not limited to physical injuries and may include emotional,
economic, or reputational injuries as well as violations of privacy, property, or
constitutional rights.
There are also separate areas of tort law including nuisance,
defamation, invasion of privacy, and a category of economic torts.
Although crimes may be torts, the cause of legal action is not
necessarily a crime, as the harm may be due to negligence which does not
amount to criminal negligence.

Tort law is different from criminal law in that: (1) torts may result
from negligent but not intentional or criminal actions and (2) tort lawsuits
have a lower burden of proof such as preponderance of evidence rather than
beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case
even if the person who caused the harm was acquitted in an earlier criminal
trial. For example, O.J. Simpson was acquitted in criminal court and later
found liable for the tort of wrongful death.
Regardless of the tort action, three elements must be present:

Tortfeasor, or defendant, had a duty to act or behave in a

certain way.

Plaintiff must prove that the behavior demonstrated by the

tortfeasor did not conform to the duty owed to the plaintiff.

The plaintiff suffered an injury or loss as a result.

Because torts are a civil action involving private parties, punishment

does not include a fine or incarceration. The punishment for tortious acts
usually involves restoring the injured party monetarily. Sometimes a court
order may force the tortfeasor to either do or not do something.
Torts fall into three general categories: intentional torts (e.g.,
intentionally hitting a person); negligent torts (e.g., causing an accident by
failing to obey traffic rules); and strict liability torts (e.g., liability for making
and selling defective products). Intentional torts are those wrongs which the
defendant knew or should have known would occur through their actions or
inactions. Negligent torts occur when the defendant's actions were
unreasonably unsafe. Strict liability wrongs do not depend on the degree of
carefulness by the defendant, but are established when a particular action
causes damage.

Negligence
Negligence is a tort which arises from the breach of the duty of care
owed by one person to another from the perspective of a reasonable person.
The majority determined that the definition of negligence can be divided into
four component parts that the plaintiff must prove to establish negligence. The
elements in determining the liability for negligence are:

The plaintiff was owed a duty of care through a special

relationship (e.g. doctor-patient) or some other principle

There was a dereliction or breach of that duty

The tortfeasor directly caused the injury [but for the

defendant's actions, the plaintiff would not have suffered an injury].

The plaintiff suffered damage as a result of that breach

The damage was not too remote; there was proximate

cause to show the breach caused the damage

In certain cases, negligence can be assumed under the doctrine of res
ipsa loquitur (Latin for "the thing itself speaks"); particularly in the United
States, a related concept is negligence per se.

Intentional torts
Intentional torts are any intentional acts that are reasonably
foreseeable to cause harm to an individual, and that do so. Intentional torts
have several subcategories:

Torts against the person include assault, battery, false

imprisonment, intentional infliction of emotional distress, and fraud,

although the latter is also an economic tort.

Property torts involve any intentional interference with the

property rights of the claimant (plaintiff). Those commonly recognized

include trespass to land, trespass to chattels (personal property), and
conversion.
An intentional tort requires an overt act, some form of intent, and
causation. In most cases, transferred intent, which occurs when the defendant
intends to injure an individual but actually ends up injuring another individual,
will satisfy the intent requirement. Causation can be satisfied as long as the
defendant was a substantial factor in causing the harm.

Statutory torts
A statutory tort is like any other, in that it imposes duties on private or
public parties, however they are created by the legislature, not the courts. For
example, the European Union's Product Liability Directive imposes strict
liability for defective products that harm people.

Business torts
Business or economic torts typically involve commercial transactions,
and include tortious interference with trade or contract, fraud, injurious
falsehood, and negligent misrepresentation. Negligent misrepresentation torts
are distinct from contractual cases involving misrepresentation in that there is
no privity of contract; these torts are likely to involve pure economic loss
which has been less-commonly recoverable in tort. One criterion for
determining whether economic loss is recoverable is the "foreseeability"
doctrine.

Remedies
The main remedy against tortious loss is compensation in 'damages' or
money. In a limited range of cases, tort law will tolerate self-help, such as
reasonable force to expel a trespasser. This is a defense against the tort of
battery. Further, in the case of a continuing tort, or even where harm is merely
threatened, the courts will sometimes grant an injunction. This means a
command, for something other than money by the court, such as restraining
the continuance or threat of harm. Usually injunctions will not impose positive
obligations on tortfeasors.

Exercise/Questions:
1. What are torts?
2. Name the objectives of tort law.
3. What does the term injuction mean?
4. What types of loss can be compensated by an award for
damages?
5. What are the differences between tort law and criminal law?
6. Name the elements of the tort action.
7. Which are the categories of torts?
8. What is negligence and how can it be determined?
9. What are intentional torts?

III. Criminal law

Obiective: - nsuirea vocabularului juridic corespunztor materiei de drept

Criminal law is the body of law that relates to crime. It regulates

social conduct and proscribes whatever is threatening, harmful, or otherwise
endangering to the property, health, safety, and moral welfare of people. It
includes the punishment of people who violate these laws. Criminal law varies
according to jurisdiction, and differs from civil law, where emphasis is more
on dispute resolution and victim compensation than on punishment.
Criminal law involves prosecution by the government of a person for
an act that has been classified as a crime. Civil cases, on the other hand,
involve individuals and organizations seeking to resolve legal disputes. In a
criminal case, the state, through a prosecutor, initiates the suit, while in a civil
case the victim brings the suit. Persons convicted of a crime may be
incarcerated, fined, or both. However, persons found liable in a civil case may
only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public
law forbidding or commanding it. Though there are some common law
crimes, most crimes in the United States are established by local, state, and
federal governments. Criminal laws vary significantly from state to state.
Crimes include both felonies (more serious offenses -- like murder or
rape) and misdemeanors (less serious offenses -- like petty theft or
jaywalking). Felonies are usually crimes punishable by imprisonment of a
year or more, while misdemeanors are crimes punishable by less than a year.
However, no act is a crime if it has not been previously established as such
either by statute or common law.

Most crimes (with the exception of strict-liability crimes) consist of

two elements: an act, or "actus reus," and a mental state, or "mens rea".
Prosecutors have to prove each and every element of the crime to yield a
conviction. Furthermore, the prosecutor must persuade the jury or judge
"beyond a reasonable doubt" of every fact necessary to constitute the crime
charged. In civil cases, the plaintiff needs to show a defendant is liable only
by a "preponderance of the evidence," or more than 50%.
Capital punishment may be imposed in some jurisdictions for the most
serious crimes. Physical or corporal punishment may be imposed such as
whipping or caning, although these punishments are prohibited in much of the
world. Individuals may be incarcerated in prison or jail in a variety of
conditions depending on the jurisdiction. Confinement may be solitary.
Length of incarceration may vary from a day to life. Government supervision
may be imposed, including house arrest, and convicts may be required to
conform to particularized guidelines as part of a parole or probation regimen.
Fines also may be imposed, seizing money or property from a person
convicted of a crime.
Five objectives are widely accepted for enforcement of the criminal
law by punishments: retribution, deterrence, incapacitation, rehabilitation and
restoration. Jurisdictions differ on the value to be placed on each.

Retribution Criminals ought to suffer in some way. This

is the most widely seen goal. Criminals have taken improper advantage,
or inflicted unfair detriment, upon others and consequently, the criminal
law will put criminals at some unpleasant disadvantage to "balance the
scales." People submit to the law to receive the right not to be murdered
and if people contravene these laws, they surrender the rights granted to

them by the law. Thus, one who murders may be executed himself. A
related theory includes the idea of "righting the balance."

Deterrence Individual deterrence is aimed toward the

specific offender. The aim is to impose a sufficient penalty to

discourage the offender from criminal behavior. General deterrence
aims at society at large. By imposing a penalty on those who commit
offenses, other individuals are discouraged from committing those
offenses.

Incapacitation Designed simply to keep criminals away

from society so that the public is protected from their misconduct. This
is often achieved through prison sentences today. The death penalty or
banishment have served the same purpose.

Rehabilitation Aims at transforming an offender into a

valuable member of society. Its primary goal is to prevent further

offense by convincing the offender that their conduct was wrong.

Restoration This is a victim-oriented theory of

punishment. The goal is to repair, through state authority, any injury

inflicted upon the victim by the offender. For example, one who
embezzles will be required to repay the amount improperly acquired.
Restoration is commonly combined with other main goals of criminal
justice and is closely related to concepts in the civil law, i.e., returning
the victim to his or her original position before the injury.

Elements
The criminal law generally prohibits undesirable acts. Thus, proof of a
crime requires proof of some act. Scholars label this the requirement of an
actus reus or guilty act. Some crimes particularly modern regulatory

offenses require no more, and they are known as strict liability offenses.
Nevertheless, because of the potentially severe consequences of criminal
conviction, judges at common law also sought proof of an intent to do some
bad thing, the mens rea or guilty mind. As to crimes of which both actus reus
and mens rea are requirements, judges have concluded that the elements must
be present at precisely the same moment and it is not enough that they
occurred sequentially at different times.

Fatal offenses
A murder, defined broadly, is an unlawful killing. Unlawful killing is
probably the act most frequently targeted by the criminal law. In many
jurisdictions, the crime of murder is divided into various gradations of
severity, e.g., murder in the first degree, based on intent. Malice is a required
element of murder. Manslaughter (Culpable Homicide in Scotland) is a lesser
variety of killing committed in the absence of malice, brought about by
reasonable provocation, or diminished capacity. Involuntary manslaughter,
where it is recognized, is a killing that lacks all but the most attenuated guilty
intent, recklessness.
Settled insanity is a possible defense.

Personal offenses
Many criminal codes protect the physical integrity of the body. The
crime of battery is traditionally understood as an unlawful touching, although
this does not include everyday knocks and jolts to which people silently
consent as the result of presence in a crowd. Creating a fear of imminent

battery is an assault, and also may give rise to criminal liability. Nonconsensual intercourse, or rape, is a particularly egregious form of battery.

Property offenses
Property often is protected by the criminal law. Trespassing is
unlawful entry onto the real property of another. Many criminal codes provide
penalties for conversion, embezzlement, theft, all of which involve
deprivations of the value of the property.

Participatory offenses
Some criminal codes criminalize association with a criminal venture
or involvement in criminality that does not actually come to fruition. Some
examples are aiding, abetting, conspiracy, and attempt.

Exercise/Questions:
What is criminal law?
What ar the objectives of criminal law?
Define the crime. Which are the types of crimes?
What types of punishments are there?
What are the elements of a criminal offence?

IV. Company law

Obiective: - nsuirea vocabularului juridic corespunztor materiei de drept

Companies law (or the law of business associations) is the field of

law concerning companies and other business organizations. This includes
corporations, partnerships and other associations which usually carry on some
form of economic or charitable activity. The most prominent kind of
company, usually referred to as a "corporation", is a "juristic person", i.e. it
has separate legal personality, and those who invest money into the business
have limited liability for any losses the company makes, governed by
corporate law. The largest companies are usually publicly listed on stock
exchanges around the world. Even single individuals, also known as sole
traders may incorporate themselves and limit their liability in order to carry on
a business. All different forms of companies depend on the particular law of
the particular country in which they reside.
The law of business organizations originally derived from the
common law of England, but has evolved significantly in the 20th century. In
common law countries today, the most commonly addressed forms are:

Corporation

Limited company

Unlimited company

Limited liability partnership

Limited partnership

Not-for-profit corporation

Company limited by guarantee

Partnership

Sole Proprietorship

The proprietary limited company is a statutory business form in

several countries, including Australia.
Many countries have forms of business entity unique to that country,
although there are equivalents elsewhere. Examples are the limited liability
company (LLC) and the limited liability limited partnership (LLLP) in the
United States.
Other types of business organizations, such as cooperatives, credit
unions and publicly owned enterprises, can be established with purposes that
parallel, supersede, or even replace the profit maximization mandate of
business corporations.
There are various types of company that can be formed in different
jurisdictions, but the most common forms of company are:

a company limited by guarantee. Commonly used where

companies are formed for non-commercial purposes, such as clubs or

charities. The members guarantee the payment of certain (usually
nominal) amounts if the company goes into insolvent liquidation, but
otherwise they have no economic rights in relation to the company .

a company limited by guarantee with a share capital. A

hybrid entity, usually used where the company is formed for noncommercial purposes, but the activities of the company are partly
funded by investors who expect a return.

a company limited by shares. The most common form of

company used for business ventures.

an unlimited company either with or without a share

capital. This is a hybrid company, a company similar to its limited

company (Ltd.) counterpart but where the members or shareholders do

not benefit from limited liability should the company ever go into
formal liquidation.
There are, however, many specific categories of corporations and
other business organizations which may be formed in various countries and
jurisdictions throughout the world.

Exercise/Questions:

What is companies law?

Which are the types of companies?
Which types of companies are characteristic for your country?

Modele de grila:
1. This area of law covers liability for injuries caused to person and property:
a) contract law
b) criminal law
c) tort law
2. A partner is:
a) someone's boyfriend or girlfiend
b) a colleague
c) one of the owners of a partnership
3. A law clinic is:
a) a practice specialised in medical issues
b) a clinic for lawyers
c) a centre offering free legal assistance
4. courses in . writing and research
a) law
b) legally
c) legal
5. apply recruitment programme
a) for
b) on
c) to
6. to award
a) an offer
b) damages
c) a contract
7. to perform
a) an offer
b) a contract
c) a lawsuit
8. to file
a) a contract
b) a lawsuit
c) for damages
9. to file
a) a contract
b) a police report
c) for damages
10. assignee means:
a) cedent

b) cesionar
c) debitor
11. the injured party is:
a) the non-breaching party
b) the breaching party
c) the third party
12. defendant means:
a) parat
b) reclamant
c) partea prejudiciata
13. A type of remedy is:
a) damages
b) the counter-offer
c) the price
14. What is not a requirement for formation of contracts?
a) remedy
b) agreement
c) consideration
15. My client had requested me to .. a lawsuit against you.
a) make
b) award
c) file
16. You the offer my client made to you.
a) awarded
b) admitted
c) accepted
17. When you sign a contract, legal rights are .. which are enforceable under the
law.
a) called
b) claimed
c) created
18. not to carry out the obligations under the contract means:
a) to terminate the contract
b) to reject the contract
c) to breach the contract
19. the injured party can
a) accept damages
b) enforce damages
c) claim damages

20. civil
a) party
b) wrong
c) damages
21. fraudulent
a) damages
b) misrepresentation
c) relations
22. the tortfeasor is
a) a criminal offender
b) a wrongdoer
c) the injured party

23. unfair competition is

a) a negligent tort
b) an intentional tort
c) a strict liability tort
24. making and selling defective products is:
a) a strict liability tort
b) an intentional tort
c) a negligent tort
25. the injured party cannot sue for:
a) punishment
b) an injunction
c) damages
26. the standard of proof is:
a) higher in criminal law
b) higher in tort law
c) as high in criminal law as in tort law
27. legal issue is:
a) information about the parties and the case
b) what happened
c) relevant point of law
28. the ruling is:
a) how the lower courts decided
b) relevant point of law
c) what the court decided
29. the person against whom an action is brought in a court of law is called:
a) claimant
b) plaintiff

c) defendant
30. When a court states that a judgment of a lower court is true, it that judgment.
a) finds for
b) agrees to
c) affirms
31. When a court changes the judgment of a lower court to its opposite, it .. that
judgment.
a) contradicts
b) reverses
c) finds against
32. the use of spoken words to harm someone's reputation is:
a) libel
b) slander
c) insult
33. defamation is:
a) a tort
b) an offence
c) a breach of a contract
34. to render:
a) a suit
b) a verdict
c) a sentence
35. Which is a criminal offence?
a) libel
b) battery
c) defamation
36. a criminal law case is initiated by
a) the victim
b) the state
c) the lawyer
37. the barrister is:
a) a lawyer
b) the judge
c) the breaching party
38. prostitution is:
a) an offence against the person
b) an offence against property
c) a public-order crime
39. the trier can be:

a) the lawyer
b) the judge
c) the prosecutor
40. rape is:
a) a tort
b) a felony
c) a misdemeanour
41. a misdemeanour is:
a) a serious offence
b) a tort
c) a less serious offence
42. to be on parole is:
a) being released before the sentence is finished
b) to be given a period of time in which to behave well in order to avoid prison
c) to perform unpaid work for the community in order to avoid prison
43. to be placed on a community service order means:
a) being released before the sentence is finished
b) to be given a period of time in which to behave well in order to avoid prison
c) to perform unpaid work for the community in order to avoid prison
44. is not a white-collar crime:
a) bribery
b) insider-dealing
c) embezzlement
45. fraudulently gaining access to personal information from financial institutions is:
a) pretexting
b) skimming
c) phishing
47. the law
a) prescribes
b) proscribes
c) describes
48. this document contains regulations relating to the internal affairs of a company:
a) memorandum
b) certificate of incorporation
c) articles of association
49. In which type of business the shareholders arent liable for the companys debts?
a) corporation
b) partnership
c) sole proprietorship

50. What is not part of the double taxation?

a) tax on the companys profits
b) unemployment tax
c) tax on the dividents
51. a lawyer is not:
a) a prosecutor
b) a solicitor
c) a barrister
52. assignor means:
a) cedent
b) cesionar
c) creditor
53. the punitive damages are awarded
a) to put the victim in the initial position
b) to punish the wrongdoer
c) to compensate the breaching party
54. causing an accident by failing to obey traffic rules is:
a) a negligent tort
b) an intentional tort
c) a strict liability tort
55. an action in tort may not result in:
a) conviction
b) liability of the defendant
c) damages
56. the reasoning is:
a) information about the parties and the case
b) what the court decided
c) why the court came to that decision
57. the publication of false and malicious statements or pictures that causes harm to another
person is:
a) libel
b) slander
c) indignity
58. to bring:
a) a suit
b) a sentence
c) a verdict
59. a felony is:
a) a serious offence
b) a tort

c) a less serious offence

60. to be on probation is:
a) being released before the sentence is finished
b) to be given a period of time in which to behave well in order to avoid prison
c) to perform unpaid work for the community in order to avoid prison
61. which is a white-collar crime:
a) bribery
b) forgery
c) embezzlement
62. stealing credit card numbers by using a special storage device is:
a) phishing
b) stealing
c) skimming
63. pretending to be a financial institution and sending spam or pop-up messages to get
people to reveal personal data is:
a) skimming
b) phishing
c) pretexting
64. What is not part of the double taxation?
a) tax on the companys profits
b) unemployment tax
c) tax on the dividents
65. a lawyer is not:
a) a prosecutor
b) a solicitor
c) a barrister
66. Before you accept the job, it is important that you agree with the . of the
contract.
a) conditionals
b) conditions
c) conditioners
67. It was a severe . which needed immediate hospital treatment.
a) damage
b) injury
c) harm
68. A lot of .. was caused to buildings during the storm.
a) damage
b) injury
c) harm