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 the Council for the defence, as council for the
defendant.
The main role in a trial is held by the judge, who is in charge of the following 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 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.

BASIC 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

1
 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
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
case = couse, suit
witness-box = dock

ANTONYMS
legal - illegal
plaintiff - defendant
defence - prosecution
straightforward – indirect

1. Answer the questions:

1. When will a person consult a solicitor? A person consults a solicitor when that person needs the ssistance
of law for certain problems (a divorce, a fight with neighbours etc.)
2. When does a person appeal to the services of a barrister? A person appeals to the services of a barrister
when we discuss about serious and difficult problem.
3. Who are the participants in a criminal court? The jury is always present in a criminal court.
4. Who may a barrister represent in a court? The barrister represent persons which need to be judged in a
civil or criminal court.
5. Who presides over a court in England? The judge presides over a court in England.
6. What does a jury consist of ? The jury consists of twelve persons, called jurors, aged between 21-60
years old.
7. What are the duties of a jury? The jury has the responsability of unanimously giving the verdict “Guilty”
or “Not guilty”.
8. How long is the accused person supposed innocent? The person is supposed innnocent until his guilt is
proved.
9. What is the role of a witness? A witness is called into court by barristers and they are asked to swear on
oath and say what they saw.
10. Where is the evidence given? The evidence is given in a witness box.

2
11. What is "hearsay" evidence? The hearsay evidence is based not on a witness's personal knowledge but
on another's statement not made under oath.
12. Is "hearsay" evidence taken into consideration in English law courts? Yes, this evidence is taken into
consideration in English law courts because the witnesses are asked to say what they saw, not what they
heard from other persons.
13. Who posses the sentence on the accused? The jury is the only who posseses the sentece on the accused.
14. What is the role of the Bill of Rights in the US law courts? The Bill of Rights in the US law courts has
the role of protecting the individual from the arbitrary use of police power.
15. What kind of rights does it refer to? It mentions the right to representation by a lawyer, compulsory
provided by the state to those unable to afford one.
16. What is the structure of the court system in the US? The court system in the US is formed by the US
Supreme Court and other eighteen thousand American smaller courts (Trial Courts, the Apellate courts and
the District courts).
17. What is the role of the Trial courts? The role of the Trial courts is to listen to witnesses and decide what
is true and what is not, handling both civil and criminal matters.
18. What is the meaning of the "original jurisdiction"? The “original jurisdiction” is the power of being the
first court to hear a case.
19. Who takes decisions in a trial court? The decisions in trial courts are taken by a judge or by a jury.
20. What is the role of an Appellate court? The Appellate court has the role of reconsidering the decisions
made by a Trial court, if the defendant requests it.
21. Why does an Appellate court not use a jury? An Appellate court does not use a jury because the
interpretation of law is better using only judges.
22. What kind of matters do the District courts deal with? The District courts deal with criminal and civil
matters with the so called diversity cases.

2. Fill in the blanks with the missing words:

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

b) The ....jury..... consists of twelve people selected at random from the lists.
c) First the council for the ...prosecution...... presents the case.
d) ...The barrister...... plead his case in court.
e) Under English low, a person is considered innocent until his ..guilt....... is proved.
f) According to the court system in the US, each state has a ...specific…. court system.
g) The decisions in Trial court are made by a ....judge..... or by a ......jury….
h) The Appellate courts ….reconsider........ the decisions made by a Trial court.
i) The District courts deal both with ...criminal...... and ...civil...... 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 to plead the case in court. TRUE
b) A jury consists of twenty people selected according to a special procedure. FALSE (A jury consists of
twelve people…)
c) The judge may intervene at any point and ask questions to clarify matters. TRUE
d) It is the judge's duty to conduct the proceedings, interpret the laws and give the verdict of "Guilty" or
"Not Guilty". FALSE (It is the jury’s duty to conduct the proceedigs….)
e) The witness must not swear on oath on giving evidence before the jury. FALSE (The witness must not
swear on oath on giving evidence)
f) The decisions in a Trial court in America are always made by a judge and by a jury. FALSE (The
decisions in a Trial court in America are akways made by a judge or 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. FALSE (The role of the Appellate courts is to reconsider the decisions made by a trail)
h) The Trial courts form the lowest level of the court system in the US. TRUE
i) The Bill of Rights protects the individuals from the wrong use of police power. TRUE

4. Here are some expressions connected with a law court trial. Put them in the right order:
a) to bring somebody to court 4
b) to accuse somebody of something 3
c) to return a verdict 9
d) to give evidence 5

3
 e) to pass a sentence 7
f) to arrest on a charge of 2
g) to plead guilty 6
h) to commit a crime 1
i) to prosecute 8
j) to win a case 10
k) to release on bail 11

5. What do you call a person who:

a) pleads a case in court- a barrister

b) undertakes legal business for ordinary people- a solicitor
c) gives evidence in trial- the judge
d) is summoned to court to give a verdict in a case- the jury
e) presides over a magistrates' court – The Supreme Court
f) is brought to the court on the initiatives of the parties- the judge

MAGNA CARTA
An island on the Thames between Staines and Windsor had been chosen as the place of conference: the
King encamped on one bank, while the barons covered the marshy flat, still known by the name of Runnymede, on
the other. Their delegates met on the island between them, but the negotiations were a mere cloak to cover John's
purpose of unconditioned submission. The Great charter was discussed, agreed to and signed in a single day (1215,
June 16).
One copy of it still remains in the British Museum, injured by age and fire, but with the royal seal still
hanging on the brown, shrivelled parchment. It is impossible to gaze without reference on the earliest monument of
English freedom which we can see with our own eyes and touch with our own hands, the Great Charter to which
from age to age patriots have looked back as the basis of English liberty. But in itself the Charter was no novelty,
nor did it to establish any new constitutional principles. The character of Henry the First formed the basis of the
whole and the additions to it are for the most part formal recogni· tion of the judicial and administrative changes
introduced by Henry the Second. But the vague expressions of the other characters were now changed for precise
and elaborate provisions. The bounds of unwritten custom, which the older grants did little more then recognise,
had proved too weak to hold the Angevins; and the baronage now threw them aside for the restraints of written
law.
It is in this way that the Great Charter marks the transition from the age of traditional rights, preserved in
the nation's memory and officially declared by the Primate, to the age of written legislation, of parliaments and
statues, which was soon to come. The church had shown its power of self-defence in the struggle over the interdict,
and the clause that recognised its rights alone retained the older and general form. But all vagueness ceases when
the Charter passes on to deal with the rights of Englishmen at large, their right to justice, to security of person, to
good government. "No freeman", run the memorable article that lies at the base of the whole judicial English
system, "shall be siezed or imprisoned, or dispossessed, or outlawed, or in any way brought to ruin: we will not go
against any man nor send against him, save by legal judgement of his peers or by the law of the land". "To no man
will we sell", runs other, or "delay, right or justice".

Adapted from "A Short History of the English People", by J.R. Green

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 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 vocational stage and the apprenticeship. The academic stage of training is satisfied by the
completion of a qualifying law degree containing the six core subjects or by 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.

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
senior = more advanced in age or older in standingl superior in age or standing 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

5
 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

ANTONYMS
increasingly - decreasingly
satisfied - unsatisfied
subjective - objective
to maintain - to discontinue
simple - complex
artificial - genuine
to spend - to earn

1. Answer the questions:

1. What are the solicitors dealing with? The solicitors give advice and lead the business of the client.
2. Is there any difference between solicitors and barristers? The solicitor lead the business of the client
while the barrister care of a specific matter of the client’s business.
3. Which is the historical recognition regarding the two branches of the legal profession? The solicitors are
considered the junior part of the legal profession, while the governing bodies of the barrirsters are more
complex.
4. Which is the final stage in the solicitor's education? The final stage consists of 2 years of apprenticeship
to an established solicitor.
5. Name some barrister's governing bodies. 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.
6. Which are the stages the solicitors and the barristers are supposed to pass through? The barristers and
solicitors are supposed to pass through three stages: academic, vocational and apprenticeship.
7. What do the barristers deal with? The barristers care of a specific matter of the client’s business.
8. When can a barrister consider applying for promotion to Queen's Counsel? A barrister can apply for
promotion to Queen’s Counsel after ten-fifteen years in practice.
9. Can the two legal professions interfere within each other? Yes, because the distinction of the two legal
profession is an artificial one. There are no tasks exclusive to one branch.
10. Which are the motives that can lead to a fusion of the branches of the legal profession? There are many
barristers who seldom appear in court, spending time on written opinions on the law.

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

a) The judge- passes the sentence

b) The solicitor- an assistance of law
c) The barrister- pleads for the case

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. TRUE

6
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. FALSE (The solicitor gives advice and lead the client’s business)
c) Barristers are increasingly becoming the dominant branch of the profession. FALSE (The solicitors are
becoming the dominant branch of the profession)
d) There are eight core subjects for the final stage of training of the solicitors.FALSE (There are six 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. FALSE (In order to
become a barrister 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. TRUE

4. Fill in the blanks with the missing words:

a) The ..barrister...... , is currently alone entitled fo act as advocate in the low higher courts.
b) The six core subjects are…Constitutional and Administrative Law, Contract, Tort, Criminal
Law………….....and …Examination.
c) Once admitted, the ……solicitor……. is required to maintain a practising certificate.
d) The ……requirements….. of the academic stages are common to both branches of the profession.
e) ……The solicitors…………….. are all sole proctitioners.
f) ……Solicitors….......... regularly appear as advocates in the low courts.

7
 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 between the questions of law and the questions of Fad is
also a very subtle one. An 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.

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
evaluation = determining or setting the value or amount of
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

8
 (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

1. Answer the questions:

1. What does the judge deal with? The judge deals with questions of law.
2. What do the jurors deal with? The jurors deal with questions of fact.
3. Give an example of a question of fact. An example of question of fact is the issue whether the defendant
was at a particular place at a particular time.
4. Name a question of law. An example of question of law is in a trial, where the intention is relevant and
this question requires an evaluation of all the surrounding circumstances in coming about te defendant’s
state of mind.
5. What are the relations between the judge and the jury? The judge and jury must form a collective
viewpoint about the case.
6. What happens when the jury cannot agree on the verdict? If the jurors cannot agree and every effort of
coming to a conclusion fails, a new jury will be called and the case will be retried.
7. How many jurors are needed to obtain an accepted verdict? Ten jurors are needed to obtain an accepted
verdict.
8. When is the trial considered a failure by the trial judge? The trial is considered a failure when there had
been a mistake in the use of the right procedure.

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. FALSE (The judges deals
with questions of law and the jury deals with questions of fact)
b) The judge is the arbiter of the law. TRUE
c) The judge cannot ever exclude the jury. FALSE (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)
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. TRUE
e) Once the jury is refired, the judge delivers the sentence. FALSE (Once the jury is refired, a new jury will
be called)
f) Acquittal by a jury is sacred. The Court of Appeal can reopen or reconsider the jury's decision. FALSE
(The Court of Appeal can’t reopen or reconsider….)

3. Fill in the blanks with the missing words:

9
 a) When the defendant committed a public offence under the effects of medication, the jury will be called
upon to ....elucidates..... the facts.
b) At all stages, the role of the….judge..........is passive.
c) The ……jury........... 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 …...perverse.......when the jury ignores the judge's explanation of the law.
e) .....The jurors.... 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- a judge

b) Deals with questions of fact- the jury
c) Is the arbiter of the law - judge
d) Is the arbiter of the fact- the juror

SELECTION OF THE JURY

The principle underlying the selection of the English jury is that of randomness. The theory is that a jury
chosen at random will be representative of the community. Any prejudices held by particular members of the jury
are likely to be counteracted by the good sense of the other members of the jury. In marked contrast, the principle
underlying the selection of the jury in the United States is that of securing a "neutral" jury which will try the case
dispassionately according to the evidence. Potential jurors are subjected to detailed questioning either by the
councilor by the judge to reveal any prejudices and to confirm neutrality.
The basic qualification for the jury service in England and Wales is the simple age and residence
qualification. All persons aged between 18 and 70 registered as Parliamentary or local government electors who
have been resident in the United Kingdom for at least five years since attaining the age of 13 are eligible for jury
service. The advent of computerised databases means that today jury panels are selected genuinely at random from
electoral lists using random selection computer programmes. Persons with certain criminal convictions are
disqualified either for life or for ten years depending on the seriousness of the offence.
There is a group in the population who have a right to be excused if summoned; for them, service as jurors
is optional. These include those over 65, members and officers of Parliament, the military and the medical
profession, including veterinary practitioners. There are two general grounds on which a juror has a right to claim
to be excused of jury service: when the juror has attended court for jury service within the previous two years or
when the juror has been excused jury service for a longer period which has not expired (to those who have served
in long and complex trials). A juror who shows, or about whom it becomes apparent that he or she cannot
efficiently be elected as a juror because of a physical disability or insufficient understanding of English, must be
discharged.

From "The Administration of Justice", by Robin C. White

10
 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 system. Strabon, a Greek
geographer and historian, as well as lordanes, a historian of 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
Legal institutions
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
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

11
SYNONYMS
concurrently = simultaneously
wealth = fortune
to strengthen = to accentuate
disposal = disposition, measure; stipulation
to attest = to certify
combat = duel
conclusion = settlement

ANTONYMS
written - unwritten
difference - resemblance
monogamy - polygamy
private - collective
equality - inequality

1. Answer the questions:

1.What did Strabon and lordanes say about the Geto-Dacians laws? The two historians said that the Geto-
Dacian laws were adopted during the ruling of Burebita, who sustained the the laws he iposed were
inspirated by gods.
2.What was property in Dacia like? The property in Dacia was divided in private property and collective
property.
3.What is the information recorded by Horatio regarding the Geto-Dacians? Horatio said that Geto-Dacians
were great tillers.
4.What do we know about the family organization at that time? The families were monogamous and the
future husband had to bought his bride from her parents and the future wife had to brig to her new house a
dowry consisting in money or goods.
5.What do we know about the criminal law? The state was charged with the justice, but Geto-Dacians still
applied the system of the blood revenge.
6.Who was in charge with the organization and the trials?The king Comosycus took care of the organization
of the trial and the trial itself. They also used the judiciary combat in order to solve different littigations.
7.Did the Geto-Dacians use any norms of international law? Yes, they used norms of international law and
the priests used a certain ritual at the conclusion of the treaties.

2. Translate into English:

a ) În epoca sclavagistă exista o accentuată inegalitate intre femei şi bărbaţi. During the slavery period there
was an increased inequality between women and men.
b) Respectarea legilor statului asigura libertatea indivizilor. The respect of the state laws had ensure the
individual liberty.
c) Dezinformarea completului de judecată atrage după sine penalizarea celui in cauză. The misinformation
of the Court entails the penalization of the concerned.
d) Unii oameni cred că au numai drepturi în societate. Some people believe that they have only rights.
e) În ţara noastră nu este acceptată bigamia. The bigamy is not accepted in our country.
f) Fiind adaptabil, omul a reuşit să reziste transformărilor naturale de-a lungul timpului. Being an adaptable
creature, during time the man succed to resist natural transformations.

3. Some of the following sentences are true and some are false. Correct the false ones:

1) Iordanes was a Greek historian and geographer. TRUE

b) Burebista used the fear of gods in order fo impose the obedience of the law. TRUE
e) In Dacia there were slaves who worked on the private properties as well as on the collective ones.TRUE
d) Dacians were polygamous. FALSE (Dacians were monogamous)
e) Geto-Dacians used the coin and made trade. TRUE
f) They still applied the blood revenge. TRUE

12
 4. Explain the following terms:

generation- all of the people born and living at about the same time, regarded collectively, the production or
creation of something.
community- a group of people living in the same places
adultery- a inter course between a married person and who is not their spouse.
trade- action of buying and selling goods/ services

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

resemblance- difference
any- any and all
collective- separate, unshared
to strengthen- to reduce
polygamy-monogamy

BILL OF RIGHTS. COMMON LAWS

The first three amendments to the Constitution of the United States are generally referred to as the National
Bill of Rights. At the time Constitution was submitted to the people in 1787, there was much criticism of the
document due to the fact that it did not contain a Bill of Rights. The explanation of this goes bock to the original
English common low idea of government. According to this, individual rights exist themselves as inborn and
inalienable. The Constitution and government are merely an added protection to those rights people already
possess. This idea is today underlined by the government of Great Britain and the United States, by those of the
self-governing British Commonwealth.
In contrast to this, the doctrine and belief that were and still are prevalent in other countries should be
mentioned, such as the states of the Continental Europe, which are under what might be termed a prerogative type
of government. Even the most free of these countries in their written constitutions make statements of individual
rights that are based on the underlying thought that these rights are the gift of the state. Thus, we find the
Constitution of Switzerland (Article 55): "The freedom of the press is guaranteed. However, the lows of the
cantons shall enact the necessary provisions to avoid abuse; these provisions should be submitted to the approval
of the Federal Counsel. The Confederation may also fix penalties in order to prevent abuses directed against itself
or its authorities."
This provision is characteristic to the most enlightened European democracies and is in direct contrast to
the British and American common-law idea of protection for already existing, inalienable rights.
Common-law, originally custom and usage, become the law 'common' to all the people of England by
judicial enforcement. Thus it originated in England, but has come to consist in great part in the principles which
have been declared and developed in the decisions of the courts when adducting upon the private law in the
countries of Anglo-Saxon origin. It is usually not incorporated in the Constitution or written statutes of a country,
but is the term generally used to describe that system of fundamental law, which is in force among the English-
speaking peoples as contrasted, with Roman law and derivative systems based on an enacted code. The early
settlers of the United States claimed and were in fact supposed, to have brought with them in America their
inherent common-low rights of person and property. It is the English common-law, which thus is recognized
throughout the United States as the common-law of the country and is the fundamental basis of the institutions of
Government.
Primarily the Governments of each of the states and territories enforce the common-law. The Code
Napoleon and its development in the State of Louisiana due to the original French settlement there have inAuenced
it to some extent. It is, of course, subject to repeal or amendment by statute, but primarily the common-law has
been developed and extended by the state and Federal Courts, past and present.
In those states where the common-law has been codified, these codes consist in large part of a restatement
of the common-law doctrines and their later development up to the time of codification. In addition, the common-
law rights of the individual, as generally accepted, have been stated to a greater or lesser extent at various times in
American history. Among these statements is that in the Declaration of Independence, which says that all men "are
endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of
Happiness."
Also, the Bill of Rights or the first ten amendments to the United States Constitution and the Bill of Rights
in the various states constitutions are in whole or in large part made up of statements, common-law rights, which

13
are inborn, inherent and inalienable and not granted by any Government, according to Anglo-Saxon and American
theory. Thus, the American Governments, national or state, are merely added protection to the common-law rights,
which the citizens already possess.

Adapted from "Concise Dictionary of American History"

14
 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. Such civil acts could be: the determination of rights arising
under a contract, the rights regarding property and succession, the obligations of paying damages for torts, 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.;
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
fundamental = essential
consequence = effect
obligation = (1) contract; (2) = responsibility
compulsory = obligatory

ANTONYMS
fundamental - secondary
negligence - care
private - public
compulsory - voluntary

1. Answer the questions:

15
 1. Is there any difference between civil and criminal proceedings?
Yes, civil and criminal proceedings require different courts and procedures, although some judges sit in
both civil and criminal courts.
2. Which are the aims of the civil law and civil proceedings?
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.
3. Who is the person who begins the proceedings and what does he do?
In a civil proceeding, the person who begins the proceeding is the plaintiff and he sues or brings an action
against a defendant.
4. Which is the schedule of a civil proceeding?
Most civil proceedings are heard by a judge sitting aloneand then the judge delivers a judgement after
hearing the action.
5. What about divorce?
In divorce proceedings, the petitioner, who asks for the marriage to be dissolved, partitions for a decree
against the respondent.
6. What does the burden of proof imply?
The burden of proof, in civil cases, is said to be on the balance of probabilities.

2. Complete the blank spaces with the missing words:

a) Different courts and procedures are used for civil and criminal proceedings.
b) Civil law and proceedings aim to determine the rights and obligations of individuals as well as between
each other.
c) Questions of taxation or questions concerning planning or compulsory purchase
are rights that belong to private law.
d) Most civil proceedings are heard by a judge sitting alone.
e) In civil proceedings, the plaintiff usually has the burden of proof.

3. What do you mean by:

-proceeding – the legal action

-procedure – act/manner of proceeding in any action/process
-case – the object of investigation/a situation requiring investigation
-burden of proof – the duty of proving a disputed assertion/charge
-litigation – the act/process, practice of settling a dispute in court

4. Which of the following statements are false and which are true? Correct the false ones:

a) The distinction between civil and criminal proceedings is of no importance in understanding English
legal system. FALSE - The distinction between civil and criminal proceedings is important in
understanding English legal system.
b) The questions of taxation are of private law nature. FALSE - The questions of taxation are of public law
nature.
c) In most criminal proceedings the person beginning the proceedings is the plaintiff. TRUE
d) Most civil proceedings are heard by a jury of 12 persons. FALSE - Most civil proceedings are heard by a
judge sitting alone.
e) The plaintiff must satisfy the judge through admissible evidence, which is not as reliable as his
statements that he pretends to be true. FALSE - The plaintiff must satisfy the judge through admissible
evidence, which is more reliable than his statements that he pretends to be true.

RULES OF CIVIL PROCEDURE

The English system of civil procedure is based upon the adversary principle: a series of statements of fact
are put forward by one party to be attacked by the opposing party. The judge acts principally as umpire or referee
and leaves it to the parties to put the case before him. The rules of civil procedure which govern the handling of
cases are technical, complex and detailed. They are designed to regulate the conduct of the parties and their
advocates in an adversary trial. They can be found in large volumes entitled The supreme Court Practice (known
among lawyers as 'The White Book') and The County Court Practice (known among lawyers as 'The Green Book').
This mass of rules really has three objectives. The first objective is to ensure that the facts on which a claim is
based are accurately found and appropriately arranged so that the issues between the parties can be identified. The

16
second is to ensure that the correct and appropriate rule of law is found and applied. The third objective is to
ensure that the remedy or remedies prescribed by that rule of law can adequately be enforced.
It is not necessary to dwell on the detail of the rules of procedure, since a broad outline of the process in
action in contract and tort will serve for our enquiry.
Whether the rules actually achieve their objectives remains to be assessed, but there has been a succession
of calls over the last 30 years for the redrafting of the rules in order to make High Court practice and procedure
quicker, simpler and cheaper. Few of their recommendations have been implemented. The recommendations of the
Civil Justice Review pick up some of these recommendations and their implementation will mark the start of a
new era in the processing of civil disputes.

Adapted from "The Administration of Justice", by Robin C. White

17
 TRUTH -THE PRINCIPLE OF THE JUDICIAL PLEADING

Truth is the accurate reflection of the objective reality in thinking, by comparing what exists with what
really happens.
There are two kinds of truth: the objective and the relative truth.
The objective truth reflects the existing reality, which is independent from the human consciousness. The
criterion and the source of truth are the socialhistorical experience of humankind, which makes the process of
finding out the truth a continuous and unlimited in time one.
The relative truth is the reflection of reality, which is just, but approximate. For example, the scientific fact
is a relative truth. Using the relative truth, the human consciousness permanently aims to the absolute truth.
The absolute truth includes all the relative truth in its progressive and infinite historical sequence. Any
relative truth contains elements of absolute truth.
Along the history, all the conceptions, systems and schools were appreciated through their attitude towards
the truth. Truth is the key to any lawsuit or juridical proceeding.
At the basis of all the branches of the studies of law lies the principle of absolute truth, especially in the
procesuallaw, where complete concordance between the facts regarding the cause and the conclusion of the
criminal lawsuit is demanded. A person who has to give evidence in a trial will have to swear on oath that he will
tell the truth and nothing but the truth. He is required not to make a false statement or pass the truth over in silence.
What we mean by telling the truth is that a person says a true sentence and not a false one. As Aristotle
said, "a true statement is the one by which you say that it is what it is and that it is not what it is not".
In the Middle Ages, philosophers sustained that truth is the accord between object and intellect. Legally
speaking, we have the right to sustain that our opinions are true, but we must be able to motivate them, seriously
and firmly.

BASIC VOCABULARY. IDIOMS

accurate = careful in exact conformity with a standard or with a truth
really = in fact, in reality, positively
reality = property of being real
objective = belonging not to the consciousness or the perceiving or thinking subject, but to what is
presented to this, external to the mind, real
relative = pertinent, relevant, related to the subject
absolute = complete, pure, mere; real, unconditionat self-existent and conceivable without relation to other
things
truth = quality or state of being true or accurate; honest; sincere; loyal; accurately shaped; adjusted
irrespective of = not taking into account; without reference to
motive = what induces a person to act
consciousness = totality of a person's thoughts and feelings
criterion = principle, standard a thing is judged by
humankind = mankind, human species
source = origin, places where things come from
permanent = intended to lost indefinitely
opinion = judgement or belief not founded on certainty or proof; view held as probable
conception = thing conceived, idea
lie = intentional false statement
conclusion = final result
statement = stating, expression in words
intellect= faculty of knowing and reasoning

SYNONYMS
to assert = to declare
accurate = precise
really = indeed
absolute = perfect
relative = pertinent
criterion = principle
humankind = mankind
source = origin
permanent = lasting

ANTONYMS

18
truth - lie
accurate - inaccurate
reality - fiction
respective - irrespective
false - true

1. Answer the questions:

1.What is truth?
Truth is the accurate reflection of the objective reality in thinking, by comparing what exists with what
really happens.
2. What kinds of truth did you read about?
The text describes three kinds of truth: the objective, the relative truth and the absolute truth.
3. What does objective truth deal with?
The objective truth reflects the existing reality, which is independent from the human consciousness.
4. What about the relative one?
The relative truth is the reflection of reality, which is just, but approximate. For example, the scientific fact
is a relative truth.
5. What is the absolute truth?
The absolute truth includes all the relative truth in its progressive and infinite historical sequence.
7. What are the words a person has to soy before giving evidence?
A person who has to give evidence in a trial will have to swear on oath that he will tell the truth and nothing
but the truth.
8. What is a true statement in Aristotle's way of thinking?
Aristotle said that "a true statement is the one by which you say that it is what it is and that it is not what it
is not".
9. How did philosophers in the Middle Ages define the truth?
In the Middle Ages, philosophers sustained that truth is the accord between object and intellect.

2. Fill in the blank spaces with the missing words:

a ) Truth demands the complete reflection of facts.

b) The relative truth is the reflection of reality, but an approximate reflection of reality.
c) To say a truth means to say a true sentence, not a false one.
d) The scientific fact is a relative truth.
e) The process of finding out truth is continous and unlimited in time.
f) Before giving evidence in a trial, the witness must say the oath, the whole truth and nothing but the truth.

3. Make sentences using the antonyms of the following words:

Limited
The system can support an unlimited numer of uses.
Silence
There is so much noise in my classroom.
Cruel
We can hope that the court is merciful with us.
Serious
Let’s not think about such unimportant things.
Permanent
In his defense he chose temporary insanity.
Relative
FBI demands its emplyees absolute obedience.

4. Use the following expressions in sentences:

- to give evidence
He decided to give evidence against his family in return for state protection.
- to tell the truth
In court you must tell the truth and only the truth.

19
 - to pass something over in silence
He largely passed over the government’s record in silence.
- judidal proceedings
The judge needs more information regarding the upcoming judicial proceedings.

5. How many meanings can you find to these words?

-sentence
1. word/clause
2. judgement
3. period
4. opinion
-firm
1. fixed in place
2. not weak/uncertain
3.to make secure
4. to put into final form

6. Write a paragraph composition using the following:

lawyer, pleading, justice court, to lie at the basis, truth, accord, fact, exact, regarding, reality
Lying at the basis of a lawyer’s duties is presenting and summarizing cases to judges and juries. Before
that, the lawyer develops a pleading that defines the issues adjudicated in the action. His main goal is to fight for
justice in order to prove someone’s innocence. It is a known fact that not all lawyers plead only for innocent
people, but also for the guilty ones. Someone’s innocence can be proven by bringing witnesses to the justice
court. A witness swears that he tells the truth and nothing but the truth by presenting the exact reality.
Regarding to the lawyer’s remuneration, it depends on the accord signed by both parts: the attorney and the
client.

CHARTISM AND THE NEW POOR LAW

The history of the chartist movement (1838 -1848) is really an illustration of this. It is usual to point out
that, when payment of MP's was authorised in 1911, all the six political points of the Charter had been in principle
conceded, except the not very sensible proposal for general elections to be held annually. But William Lovett and
Feargus O'Connor, the two principal leaders -both of whom were sent to prison during the period of agitation -and
the bulk of their followers wanted something more than manhood suffrage, vote by ballot and other changes in
electoral procedure. They aimed at getting a different kind of MP, the sort of member who had first experience of
sufferings of the being completed in 1911, the Chartist demands in this sense only began to be considered after
1906, the year in which Members of Parliament of a new social type first appear in significant numbers.
The social reform which the Chartists advocated, were often vaguely described as impracticable and
inconsistent with each other. But they were certainly united in their outcry against the new poor relief system of
1834. Joseph Naylor Stephens, a Wesleyan minister turned into a Chartist agitator called it "this damnable law",
which violates all the laws of God". Yet the law which bore more hardly upon the lives of the workers was left
unaltered throughout the Queen's reign.
The Poor law of 1834 stopped the Speenhamland systems of rates in aid of the wages by trying to abolish
outdoor relief. If the poor needed help, they were let to come to the workhouse for it. If they came to the
workhouse, they found that the help they got -food and shelter for themselves and their families -was administered
in such a strict, mean and humiliating fashion that people would rather die than become paupers. If they would not
become paupers, than they must either find a job, however hard and poorly paid, or emigrate, or die. In spite of
Dickens' "Oliver Twist" and in spite of Chartist agitation, the grim new workhouses remained the typical buildings
of Victorian England.
Outdoor relief was never wholly abolished, especially in the case of the aged, and after about 1870 the
principle of abolition survived chiefly in rural areas. Some relieving officers and workhouse masters administered
the law in a kindlier spirit than others, and the workhouse infirmary, where the sick law, gradually took on more
the character of a hospital than a place of punishment. But the fear of the workhouse remained one of the biggest
factors in creating and maintaining the habits of hard work, thrift and adaptability. Whole families would move
about the country, on foot if necessary, in search of employment -which made what the books call our Labour
Force so efficient an instrument for creating wealth.
The supervision of the Poor Law, at first entrusted the commissioners, was the main task of a new
government department set up in 1871. This was the local Government Board, having as its other work the control
of the town councils, which had been reformed and put on an entirely new basis in 1835. Local government was a

20
second point at which the law affected the life of the workers, especially in the new industrial towns, for the law
intervened to restrict within narrow limits the improvements which a council could provide for the town it served.

Adapted from "British Life and Civilization", by Livia Deac, Adrian Nicolescu

ELOQUENCE

Eloquence is the art of beautifully, enthusiastically, thrilling and convincing speaking.

Judicial eloquence
In trials or instances regarding the commitment of serious offences, speeches or orations must be
distinguished by very serious argumentation. In order to obtain the forgiveness of the judge, the accused must
attract the attention of the audience and generate powerful emotions. We call a good speech that which connects
the public speaker and the listener. This masterstroke consists of various ways of persuasion, remarks, comments
upon rules, the staving off the hypothetical impediments and bewilderment. In fact, the whole pleading with a
logical background has a subtle and touching demonstration.

Demonstrative eloquence
There are many cases in which the demonstrative speech is expressed. Isocrate, the founder of a school of
rhetoric in Ancient Greece, distinguished himself by his speeches, which represented real masterpieces. Panagiric
and About Panatheene celebrations would be some examples of these. He used a very delicate style, a juicy and
nonpretentious vocabulary, harmonious sentences with figures of speech, an equal and eloquent rhythm and a
poetry of words loaded with maximum emotional value.

Latin eloquence
The Romans created an original rhetoric, whose outlines were represented by the orientation to pragmatism
and Stoic philosophy, as they had roots and developed the presocratic and isocratic tradition.
Another outstanding figure of Roman culture and civilisation was Cicero, famous for his rare qualities of
the perfect orator. As he stated, "an orator must have the logician's sharpness of mind, the thinking of the
philosopher, the poet's way of expressing his thoughts, the jurist's memory, the tragedian's voice and, above all, the
gesture of a famous actor".
Quintilian the greatest rhetor master and expert, defined oratory as the art of eloquence and the orator was
"a good man speaking". His lectures about rhetoric were well known and highly appreciated at that time. In
Quintilian's work we can find out the basic features of the ideal advocate: sincerity, sensibility, morality, modesty.
He has to be kind, but not familiar; he has to give the proper advice knowing what was all aboutJnot to be
passionate, not to get angry, but to be calmJto keep his interior equilibrium and, moreJ to be impartial.

BASIC VOCABULARY. IDIOMS

eloquence = fluent, forcible and apt use of language
speech = public address
argumentation = methodical reasoning
oration = a formal public declaration or speech; discourse
orator = eloquent public speaker; the person who makes a good speech
audience = persons within hearing; assembly of listeners
to generate = to bring into existence
masterstroke = surpassingly skillful oct
masterpiece = consummate piece of workmanship
persuasion = persuading, persuasivenesst conviction
remark = a written or spoken comment, anything said
to stave off = to avert, to ward off
bewilderment = perplexity
demonstration = outward exhibition of feelings, of opinion, logically proved
demonstrative = serving to point out or to exhibit
founder = one who founds institutions
rhetoric = the art of persuasive and impressive speaking
rhetor = Ancient Greek or Roman feacher or professor of rhetoric; rare, orator
tradition = fact handed down from ancestors to posterity
original = innate, initial; that has served as pattern
outlines = main features

21
 pragmatism = doctrine that estimates any assertion solely by its practical bearing upon human interests
stoic philosophy = making virtue the highest good, concentrating attention on ethics and inculcating control
of the passions and indifference to pleasure or pain (school founded in Athens, 308 BC by Zeno)
feature = distinctive or characteristic port of something or somebody
equilibrium = stote of balance; neutrality of judgement
impartial = unprejudiced

SYNONYMS
orator = public speaker
oration = discourse
to generate = to produce
clemency = mercy
master = teacher
to stave off = to avert, to ward off, to defer
impediment = obstruction
bewilderment = confusion
ideal = perfect
impartial = fair

ANTONYMS
well - bad
favourable - unfavourable, disadvantageous
pretentious - nonpretentious
equal - unequal
rare - numerous
famous - unknown
calm - anxious
interior - exterior
impartial - prejudiced

1. Answer the questions:

1. What do the orators try to do during their speech?

In order to obtain the forgiveness of the judge, the orators try to attract the attention of the audience and
generate powerful emotions.
2. How do they succeed in doing this?
This technique consists of various ways of persuasion, remarks, comments upon rules, the staving off the
hypothetical impediments and bewilderment.
3. What was Isocrate's style like?
Isocrate used a very delicate style, a juicy and nonpretentious vocabulary, harmonious sentences with
figures of speech, an equal and eloquent rhythm and a poetry of words loaded with maximum emotional
value.
4. What are the characteristics of latin eloquence?
The Romans created an original rhetoric, whose outlines were represented by the orientation to pragmatism
and Stoic philosophy, as they had roots and developed the presocratic and isocratic tradition.
5. Describe the perfect orator in Cicero's version.
Cicero stated that "an orator must have the logician's sharpness of mind, the thinking of the philosopher, the
poet's way of expressing his thoughts, the jurist's memory, the tragedian's voice and, above all, the gesture
of a famous actor".
6. How is Quintilian's vision different from that of Cicero?
According to Quintilian the perfect orator has to be kind, but not familiar; he has to give the proper advice
knowing what was all about, not to be passionate, not to get angry, but to be calm, to keep his interior
equilibrium and to be impartial.

2. Fill in the blank spaces with the missing words:

a) An orator must have the logician's sharpness of mind, the thinking of a philosopher, the poet's way of
expressing his thoughts, the jurist's memory, the tragedian's voice and, above all, the gesture of a famous actor.
b) A good speaker must connect the public speaker and the listener.
c) Isocrate was the founder of a school of rhetoric in Ancient Greece.

22
 d) Quintilian defined the orator as "a good man speaking well".

3. Translate into English:

a) Cicero a fost o personalitate a retoricii romane.

Cicero was a figure of Roman eloquence.
b) Pledoaria avocatului a fost perfecta şi la obiect.
The lawyer’s pleading was perfect and straight-forward.
c) Procurorul s-a dovedit a fi foarte inteligent.
The prosecutor was proved to be very intelligent.
d) Discursul judiciar trebuie bine pregătit.
The judicial speech must be well-prepared.
e) Avocatul trebuie să fie bine informat pentru apararea inculpatului.
The lawyer must be well-informed for defending the accused.
f) Prietenii comentează verdictul. Au spus că judecata nu a fost corectă.
Friends are debating about the verdict. They said that the judgement was not fair.
4. Use the following words in sentences of your own:

eloquent; clemency; thrilling; founder; favour; persuasion; impediment; support; famous; impartial; to get
angry; quality

An eloquent speaker expresses himself clearly and powerfully.

The jury granted clemency for the accused man.
Sailing to Frankia was such an thrilling experience for the Vikings.
He is the founder of a world-renowned real estate company.
The odds were in her favour and Janet got the job she applied for.
Persuasion works well for indecisive people like Paul.
Global warming is a serious impediment for some endangered species.
You should seek for support whenever you are feeling down.
Jim Carey is famous for acting in many comedy movies.
A judge is considered to be an impartial person.
There is no need to get angry when things don’t seem to work out well.
Quality control hs certified this product and now it is ready to be sold in stores.

ANGLO-SAXON GOVERNMENT
The corner-stone of Government in the Saxon society was the king.
Although there were certain reins of his power controlled by the Witan full Witenagemot, a council of 'wise
men' chosen from the aristocracy), this council should not be seen as any sort of democratic Parliament. True, it
was responsible for the election of the king -qualification for kingship of the royal family and the Witan chose
from within that membership the most suitable successor, not necessarily the son of the previous king -and also
advised him on matters of government, but in the long run the king, once elected, was free to act much as he chose.
Successful rule, then, depended greatly on the personality of the king, who, to begin with, had no fixed
court, but travelled around with his followers, mainly in order to collect his rents, which, being paid in food, had to
be eaten on the spot. A king of no fixed abode, he could summon his Witan when he required it (to approve new
laws, for example) to whichever real estate he happened to be occupying at the time.
Later, as kingdoms became bigger, royal representatives were created to administer local justice. These,
earldormen attended and supervised the meetings of the local court and the process whereby the handling of
regional affairs passed from the freemen to the king, was under way.
By the time of the Norman Conquest this process was so complete and efficient for royal purposes that
William made little attempt to change it, so well did it to strengthen his hold of the country as a whole and enable
him to establish a firm feudal superstructure on society.
The old popular assemblies remained in existence -the 'hundred' (most likely, to begin with any rate,
meetings of groups of a hundred families); above this, the 'shire-moot'; and above this still, the 'folk-moot' -but
these moots or courts, were now controlled by the king's officers. The shire-reeve (the origin of the present-day
sheriff) was one of the most vital figures in the system, personifying royal authority to lord and peasant alike,
delivering the king's writ and ensuring his wishes were carried out in the area.
This process of change in local government was a slow gradual one, only dearing in outline in the 10-th and
ll-th centuries, when the Danish invasions undoubtedly added impetus to it, hustling the development of this near
feudal state by forcing the poor into the hands of the lord. In addition, many of the institutions of government were

23
most likely Danish innovations. We have already noted the 'husting'; it may be that the 'hundred' (in Danish areas,
the 'wapentake') was likewise a Danish introduction, or at least a refinement of an earlier Saxon idea.
In London, by the end of the Saxon period, local government was much more complex, with a larger
number of courts, one for each of the wards into which the city had been divided. There were also the 'sokes'
privileged areas that came under private iurisdiction. But public authority was the general rule, and the court of
highest authority remained the folk-moot, which met three times a year, attended by every citizen (in theory, at
leastL in the open air on the highest ground in the city -beside St. Paull s Cathedral.
LAW AND ORDER
On the basis there is the Saxon law of compensation to the injured party by payment of his 'wergild' to his
kinsfolk. Some crimes were considered, of course, beyond compensation -witchcraft, arson and predictably,
treachery to one's lord or king. The punishment for this was hanging. But in the crimes of the first category it was
legal for the kindred 10 refuse payment of the wergild and take revenge into their own hands. This meant of
course, retaliation of the kindred of the original criminal and the blood feud thus embarked on could continue for
many years.
Later kings tried to stamp out his practice with his inherent danger that a kindred might grow too powerful
and set itself above the law. But passing laws is one thing ensuring they are observed is another, especially in an
age when a police source as we know it was non-existent. Maintenance of law and order was in the hands of
people themselves. That it worked at all shows the genius for cooperation that the Saxons possessed. When a crime
was committed there followed a 'hue and cry' - all freemen were called out to pursue and catch the criminal.
Once captured, the criminal was brought to trial - a trial that bore little resemblance to the court procedures
today. It was, in fact, a Trial by Ordeal, provided, this is, the accused failed to get through the early stages which
consisted in swearing on oath -'By the Lord, I am not guilty of the act or pact in the crime with which I am charged
-backed by his helpers' who swore, 'By the Lord, the defendant'soath is true and not false'. This was preceded by an
oath made by the accuser, swearing that he was justified in bringing the charge. If this was successful and the
defendant's was not, the Trial by Ordeal commenced.
In the ordeal by fire, the accused took a bar of red-hot iron in his hand and walked for a fixed distance, or
he walked over red-hot ploughshares set unequally apart. In the ordeal by water, he plunged his hand into boiling
water to draw out a stone. The part affected was wrapped in linen (in Christian times, by a priest) and if on
removal after three days the wound was healed, the accused was found not guilty. The idea behind the Ordeal was
that in heaven might intervene the pass-judgement. Maintenance of law and order remained for a long time the task
of the people themselves, co-operative but unorganised. The first appearance of anything resembling a police force
seems to have been made in London in the early 10-th century where a peace-gild was formed. Composed of
groups of ten men, combining to form groups of one hundred under a headman, its aim was not only to create more
organised action against criminals, but also to make available out of the common property of the gild money to
compensate the iniured party. It was a police 'force', then, but it remained a voluntary organisation run by the
people, not a state-run institution.

From ''The Conqueror's London", by Derek Brechin

24
 METHODS OF JURIDICAL INQUIRY

The methods of inquiry used for juridical sciences are adapted and taken over from other sciences about
society. Some of these are: the logical method, the method of sociological inquiry, the quantitative method, the
method of the experiment, the systemical method and the structural and functional method.
Speaking about the logical method, we can say that it represents the summing-up of all the methodological
proceedings and operations which make possible the cognition of the structure, and of the dynamics of the
relations between the various components of the judicial system in society. There is a system of elements, rules
and types of general formal logic needed in order to explain the law. Among these we can mention: the inductive
arguments, the deductive arguments, syllogisms, the demonstrative elements, the analysis, the synthesis.
The comparative method is used in studying law by the simultaneous approach of the same kind of juridical
institutions that exist at the same time or successively within the same or different societies or law systems. The
essence of this method consists in comparing some phenomena, like the institution of property, marriage, family,
punishment, in order to reveal the similitude, and much more, the difference of substance and contents between the
compared factors. The comparative study of some contemporary juridical institutions allows the sharing of
legislative experience within the way of settlement of social relations (commercial societies, tariff system, juridical
protection, human rights).
The historical method consists in the progressive analysis of the juridical phenomena, in time and space, in
their historical development and, of course, connected to the socio-political moment. It reveals the causes and the
circumstances in which some juridical institutions appeared or vanished (take for example a type of law, like the
Roman private law).
The method of sociological inquiry consists in making direct investigations, by the agency of sociological
inquests (descriptions, interviews, questionnaires) in order to achieve a better cognition of the juridical
phenomena. The use of this method enables us to formulate conclusions and assessments regarding the utility and
the social efficiency of the juridical institutions and the juridical regulations.
The quantitative method is used to analyse some commensurable juridical phenomena (the frequency and
the repartition of the criminal phenomena) in order to formulate observations and conclusions regarding the causes
and tendencies of the respective manifestations of the phenomena. The statistical methods are frequently used in
law; moreover, they determine the appearance of computer sciencies in the juridical systems.
The method of the experiment has a larger and larger applicability in the field of economic organisation, of
retribution, of establishing prices, or taxation on turnover.
The systemic and functional method is based on the fact that the juridical phenomena represent assemblies
of systems and complex actions, as well as stable and organised actions, forming part of the socio-political
environment.

BASIC VOCABULARY. IDIOMS

method = a particular way of doing something; orderly arrangement of ideas; scheme of classification
science = study of the nature and behaviour of natural things and the knowledge that we obtain about them
through observation and experiment
society = 1. people’s way of life the customs and organization of a civilized nation; 2. the upper classes of a
community, whose doings are socially distinguished and well-to-do; 3. association of persons united by a common
aim, interests or principles
logical = 1. of logic or formal argument; 2. not contravening the laws of thought, correctly reasoned; 3.
reasonably to be believed or done; 4. capable of correct reasoning
experiment = 1. test, trial; 2. trying out of a new idea or method in order to see what it is like and what
effect if has
structure = the way in which a thing, a building, an organisation or other complete whole is constructed,
supporting framework, or whole of the essential parts of something
cognition = action or faculty of knowing, perceiving, conceiving, as opposed to emotion or volition
dynamics = moving forces, physical or moral, in any sphere
component = contributing to the composition of a whole based on induction
to analyse = to examine minutely
simultaneous = occurring or operating at the some time
progressive = moving forward
to reveal = to make known, to divulge
to asses = to estimate value
syllogism = form of reasoning in which from two given or assumed propositions called the premisses, that
have a (ammon or middle ferm, a third is deduced, called the conclusion, from which the middle term is absent

25
 synthesis = combination, composition, putting together, building up of separate elements, especially of
propositions, facts or conceptions, into a connected whole, especially a theory or a system

SYNONYMS
inquiry – investigation
logical – deducible
experiment – test
tendency – inclination
component – part
similitude – likeness
to reveal – to let appear

ANTONYMS
analysis - synthesis
logical - illogical
possible - impossible
inductive - deductive
progressive - regressive
to appeor - to vanish
stable - unstable

1. Answer the questions:

1. Can you give examples of methods of inquiry?

Some examples of methods of inquiry are: the logical method, the method of sociological inquiry, the
quantitative method, the method of the experiment, the systemical method and the structural and functional
method.
2. What can we use the logical method for?
Logical method is used for explaining the law.
3. What is the comparative method used like?
The comparative method is used in studying law by the simultaneous approach of the same kind of juridical
institutions that exist at the same time or successively within the same or different societies or law systems.
4. How can the historical method help us?
The historical method reveals the causes and the circumstances in which some juridical institutions
appeared or vanished.
5. Make a difference between the method of the experiment and the method of sociological inquiry.
The method of sociological inquiry enables us to formulate conclusions and assessments regarding the
utility and the social efficiency of the juridical institutions and the juridical regulations while the method of
the experiment has a larger applicability in the field of economic organisation, of retribution, of establishing
prices, or taxation on turnover.
6. What is the quantitative method used for?
The quantitative method is used to analyse some commensurable juridical phenomena in order to formulate
observations and conclusions regarding the causes and tendencies of the respective manifestations of the
phenomena.

2. Fill in the blank spaces with the missing words:

a) In order to explain the law are needed all the element, the rules and the types of general formal logic.
b) The comparative method presumes the comparing of some phenomena.
c) The historical method reveals the causes and the circumstances in which
some juridical institutions appeared or vanished.
d) The quantitative method is used to analyse some commensurable juridical phenomena.

3. Explain the following terms: syllogism, analysis, cognition and synthesis.

Syllogism - a process of logic in which two general statements lead to a more particular statement
Analysis - a detailed examination of anything complex in order to understand its nature or to determine its
essential features
Cognition - the mental action or process of acquiring knowledge and understanding through thought,
experience, and the senses

26
 Synthesis - the composition or combination of parts or elements so as to form a whole

4. Use the following words in sentences of your own: science, cognition, inductive, deductive, to reveal.
Psychology is the science that studies the human psyche.
Some neurological conditions can affect the patient’s cognition and behavior.
The philosophy teacher gave us some examples of inductive reasoning.
A syllogism is a good example of deductive reasoning.
The serial killer was not eager to reveal his hidden intentions.

5. Form sentences with the two meanings of the word 'trial'.

1 – This clinical trial reveals the effects of group psychotherapy on people who suffer from substance
abuse.
2 – Little did she know that her husband was involved in a courtroom trial.

APPEALS FROM COLONIAL COURTS (USA)

In the latter part of the 17-th century the new colonial charters propietary and royal, reserved for the king in
council the right to hear cases on appeal from provincial courts where the sum litigated exceeded 300 sterling. In
the New England colonies particularly the appellate authority was at best grudgingly conceded, as the Connecticut
Rhode Island charters made no provision for judicial review. At times, as in the case Frost v. Veighton (1739) an
order of the Privy Council was deliberately ignored by the Massachusetts authorities. Pending appeals, executions
of the colonial courts were suspended. Such appeals were both costly and protracted.
Through this appellate procedure the Privy Council sought to bring the legal systems of the colonies into
conformity with that of England, particularly in such matters as the rules of evidence and jury system. Major issues
on colonial policy were reviewed in litigation brought on appeal, notably Indian relations, the colonial currency
lawsand interstate succession. Currency practices in the colonies were more generally dealt with by the Privy
Council under its authority to disallow colonial legislation or by Parliament. In the suit of the Virginia clergy
instituted to recover back salaries resulting from the disallowance of the 'two penny act', the Council, in view of
the constitutional storms raised by the Stamp Act, was prompted by the political considerations to dismiss the
appeal on a technicality. In the notable case of Winthrop v. Lechmere the Council held the Connecticut custom of
divisible descent of the estates invalid as contrary to the common law, but reversed itself in Clark v. Tousey and in
the Massachusetts case of Philips v. Savage, a great victory for egalitarian property concepts in New England.

Adapted from "Concise Dictionary of American History"

27
 THE LAW

Generally speaking, by law we understand any normative act issued by a legislative body of a state,
following a pre-established procedure. But, what we understand by law is only the normative act passed in
Parliament, following, of course, a pre-established procedure.
Constitution makes provision for three types of laws: constitutional laws, organic laws and ordinary laws.
The constitutional laws establish the organisation of the political powers and the principles of government
of one state, regulate the rules, the fundamental civil liberties and some important social relations, which are the
juridical basis of the other laws.
The constitutional law has to be adopted with a majority of at least two thirds from the total number of the
members of the Parliament and it is approved by referendum.
The constitution is the fundamental law of a state, consisting of a system of juridical standards invested
with a superior juridical force. The Constitution is the mirror of the economic structures, of the forms of property,
of the organization of a state.
The organic laws have the second juridical force after Constitution and after the constitutional laws. These
two establish: the electoral system, the organization of the government, the organization of the Supreme Council of
Defence and of the political parties, of the referendum and of the local administration, of the education and of the
culture. These laws deal with the statute of the civil servants, the administrative disputed claims office, the
criminal actions, the punishment and its execution, the conciliation on amnesty and the collective pardon, too. The
organic laws are adopted with the absolute majority of the members of the two Houses of Parliament.
The ordinary laws are adopted with the absolute majority of the members who are present in each House of
Parliament. The ordinary laws represent the development of the principles formulated in the constitutional laws
and cannot confute or cannot limit these principles. They establish the most various social relations.
The law has three major characteristics: it is general, compulsory and permanent. The law is a conscious act
of will, which is made to reach some aims and to realise some social ideals. It is general because it is valid for all
the members of a society (an exception is represented by the ind ividuallaws, which are adopted for certain specific
acts). The law is compulsory because its observance does not depend on the option of those asked to conform
themselves to its disposals. As a rule, the law is permanent; itis in operation until it is -if it is abrogated. The only
exception is represented by the temporary laws, which are in operation up to a certain established date or an event
foreseen by that law itself.

WORD STUDY
to issue = to emerge from a condition; to result, to be derived (from); to end, to result (in); to come out; to
be published
constitution = body of fundamental principles according to which a state is governed
organic = inherent, fundamental, structural
to regulate = to control by rule, to adapt to requirements, to moderate
liberty = being free from captivity, imprisonment, slavery or despotic control
liberties = privileges, immunities or rights
civil = people or things in a country that are not connected to its armed forces
civil law = the law of a state related to private and civilian affairs
to approve = to confirm, to sanction, to pronounce satisfactory, to accept
referendum = a vote in which the people in a particular country are all asked to say whether they agree or
disagree with a particular policy
will = a document in which you declare what you want to happen to your money and property after you die
valid = legally acceptable, having legal force, effective, executed with proper formalities
invalid = having no legal force
disposal = disposing of, getting rid of, settling, dealing with, assignment; control; disposition, arrangement
to foresee = to see beforehand, to predict, to exercise foresight
property = owning, thing owned, possession
to claim = to demand as being due or as one's property; to assert as a fact, maintain against denial
to conciliate = to overcome the hostility of; placate; win over; to win or gain, especially by making friendly
overtures
conciliation = the act or process of conciliating, especially the involvement of a third party in an industrial
dispute to assist the parties in reaching a settlement
amnesty = intentional overlooking; a general pardon, especially for offences against a government
to confute = to prove (a person or thing) wrong, invalid or mistaken; disprove
compulsory = enforced, compelling, mandatory
to abrogate = to cancel a law or custom
aim = purpose, object, design

28
SYNONYMS
common = ordinary
to regulate = to moderate
aim = purpose
compulsory = enforced
liberty = freedom
to approve = to confirm
conscious = aware
property = possession
liberties = privileges

ANTONYMS
general - special
permanent - temporary
valid - invalid
conscious - unconscious
majority - minority
superior -inferior

1. Answer the questions:

1. What do we understand by law?

What we understand by law is the normative act passed in Parliament, following a pre-established
procedure.

2. Which are the three 1ypes of laws?

There are three types of laws: constitutional laws, organic laws and ordinary laws.

3. What are the constitutional laws?

The constitutional laws are laws that establish the organisation of the political powers and the principles of
government of one state, regulate the rules, the fundamental civil liberties and some important social
relations, which are the juridical basis of the other laws.

4. What is the Constitution?

The Constitution is the mirror of the economic structures, of the forms of property, of the organization of a
state.

5. Who votes the ordinary laws?

The ordinary laws are voted by the absolute majority of the members who are present in each House of
Parliament.
6. Talk about the characteristics of the law.
The law has three major characteristics: it is general, compulsory and permanent. It is general because it is
valid for all the members of a society. The law is compulsory because its observance does not depend on
the option of those asked to conform themselves to its disposals. As a rule, the law is permanent.

2. Form sentences with different meanings of the following words: will, property, disposat claim, liberty,
conscious, to issue
It was his father’s will to take over the family’s business.
This is a private property so parking here is not allowed.
Personal liberty is a basic human right.
Although the surgery is over, he is not fully conscious now.
The policeman was sent to issue a speeding fine for the reckless driver.

3. Fill in the blank spaces with the missing words:

a) A law passes in Parliament following a pre-established procedure.

b) There are three types of laws: constitutional laws, organic laws and ordinary laws.
c) Constitution is the fundamental law of a statel is the mirror of the organisation of a state.

29
 d) The ordinary laws ore adopted with the absolute majority of the members present in each House of
Parliament.
e) The law is the conscious act of will.
f) The law is valid for all the members of the society.

4. Explain the following terms: referendum, wilt to foresee, amnesty

referendum- the principle or practice of submitting to popular vote a measure passed on or proposed by a
legislative body or by popular initiative
amnesty- the act of an authority (such as a government) by which pardon is granted to a large group of
individuals
5. What do you call the laws which:
a) establish the organisation of the political powers?- the constitutional laws
b) establish the referendum?- the organic laws
c) represent the development of the principles of the constitutional laws, but cannot confute them?- the
ordinary laws

6.Use the following words in sentences: to regulate, liberties, conscious, disposal to claim, amnesty
New laws have been issued in order to regulate hunting activities.
Every human has both liberties and responsabilities.
The Court voted for the disposal to claim.
The Government granted amnesty to all political prisoners.

ADMIRALTY IN LAW AND COURTS IN THE USA

In the 17-th century American colonies, admiralty iurisdiction was generally exercised by the ordinary
common law courts, although governors had the right to commission courts of vice admiralty; but by the end of the
century, royal patents were being issued for the establishment of vice admiralty courts, beginning in New York in
1696.
In addition to the English jurisdiction of the English admiralty courts over such matters as prize, wreck,
salvage, insurance, freight and passenger contracts, bottomry charter parties and seamen's wages, the colonial vice
admiralty courts enforced the Acts of Trade. Piracy, which originally was under the jurisdiction of the admiralty,
was in the colonies normally dealt with by courts specially commissioned by the crown to deal with particular
cases. Procedure in vice admiralty was in rem rather than in personam. As the vice admiralty courts exercised
summary jurisdiction and did not have trial by jury, they attained a considerable degree of unpopularity among that
element in the colonies opposed to the Acts of Trade, and in some colonies writs of prohibition were frequently
issued by the common law courts again on the vice admiralty on the ground that the latter court was incompetent
to act in particular litigation. As a rule, such writs were obeyed. Common law courts throughout the colonial
period, as, for example, the Mayor's Court of New York City, continued to exercise a good deal of admirality
jurisdiction.
After the Revolution, most of the states erected their own courts of admiralty, really continuing the
provincial courts, but the Federal Convention gave to the federal courts "all the cases of admiralty and maritime
jurisdiction". Among the anachronisms surviving to the 20-th century in American admiralty law had been the
privilege of the shipowner to limit liability after a disaster to whatever the value of the vessel or wreckage may be
after the occurrence of the act.
The Titanic and the Marro Castel are two notorious examples of the application of this rule. The evolution
of the doctrine of the continuous voyage by the federal courts during the Civil War provided Great Britain during
World War I with a convenient precedent to justify the seizure of the ships bound for neutral ports on the ground
that their ultimate destination was Germany.

ABOLITION MOVEMENT
The first recorded vote against slavery in the United States was that on February 18-th, 1688, by the
Monthly Meeting of the Germantown, Pa., Society of Friends. Long before that, even in 1624, protests were heard
against slavery in the colonies, both in the South and in the North. When the Revolution came, it was plain to
increasing number that slavery was inconsistent with the sentiments of the Declaration of Independence. In
Jefferson's first draft of the document, the slave trade was described as a "cruel war against human nature itself,
violating its most sacred rights of life and liberty". Negroes were freed on enlisting in the Continental armies, in
which many of them served.
The early Formation of the antislavery societies during and immediately after the Revolution showed the
strength of the opposition to slavery which waxed until the invention of Eli Whitney's cotton gin in 1793 enthroned
King Cotton, made slaves valuable and, together with the Missouri Compromise, caused the dying out of

30
antislavery sentiment. With each year of cotton prosperity, the bitterness against all who attacked the human
property of the South rose.
For the corresponding appearance in the North by 1830 of a militant antislavery movement there were
various reasons, like the general awakening of a more humanitarian spirit as shown by the reforming of the jails,
hospitals and orphanages, the growth of the temperance movement and the beginning of the agitation for women's
rights and suffrage. At this time there appeared a number of leaders and agitators. William Lloyd Garrison was the
founder of the 'Liberato' with his determined announcement: "I will be as harsh as truth and as uncompromising as
justice... ". Within a year the legislature of Georgia offered a reward of 5,000 for Garrison's "arrest and
conviction".
The Garrison wing was uncompromisingly for immediate emancipation, it refused to act politically,
violently denounced all who disregarded his policies, had little to do with the Middle Western and political
movements and was as offensive to the moderate wing as to the slaveholders. At first, the Church was against the
Abolitionists from North. But gradually, there appeared a group of great preachers to expose the cause of the
slaves. Other outstanding leaders (John Quincy Adams) refused to ally directly to the Abolition Movement. Soon,
Abolitionists entered Northern state legislatures and congress, in which, prior 1835, there was only one William
Slade of Vermont.
Thereafter, Abolition was in politics to dominate everything until Emancipation. To this end the annexation
of Texas, the war with Mexico, the Fugitive Slave Law, the Kansas -Nebraska Ad, the "Bleeding Kansas", the
determination of the slaveholders to extent their "peculiar system", all contributed and gave the Abolitionists their
opportunity to appeal to the conscience of the nation and keep the country in a turmoil. To this, two books
contributed enormously, Harriet Beecher Stowe's 'Uncle Tom's Cabin' and Hinton Rowan Helper's 'The impeding
Crisis of the South'. From 1850 on, the history of Abolition is the history of nation.

Adapted from "Concise Dictionary of American History"

31
 THE CIVIL LAW

The civil law is the branch of the law system that establishes some patrimonial relations, in which the parts
are subjects equal in rights and some nonpatrimonial individual relations, connected with the person's
individuality. It also establishes the juridical terms of the physical persons and of other collective subjects in their
quality as parts in the juridical civil relations. The civil law contains all the juridical standards, having the roots in
the code of Civil law.
The patrimonial relations deal with the real relations (the right of property and other real rights) and with
the law of contract (the law of credence). The non-patrimonial relations contain: the relations regarding the
existence and the integrity of the subjects of the civil law (the right to life, to health, to reputation); the relations
regarding identification (the right to a name, to a residence); the relations generated by the intellectual creation (the
copyright).

The institutions of the civil law

The civil juridical relation is a social relation established by the norms of civil law; it turns the parts into
holders of rights and of legal obligations. The premises of the arising of the civil juridical relations are: the
existence of a standard of the civil law, the existence of the parts (subjects of law) and the existence of a juridical
fact.
The elements of this relation are: the subjects (physical or juridical persons) the contents (the subjective
rights of the active subject), the object (actions or abstentions of committing certain facts connected with the
subjective rights and with the parts' obligations in the juridical relation).
The juridical facts: events and actions (licit or illicit); among the licit actions, the juridical act has an
important place.
The juridical act -is that licit action committed in order to create, to assign, to modify or to cancel a juridical
relation. The juridical acts have power of law between the parts that concluded them.

The prescription
a) the extinctive prescription - which has the effect of losing the possibility of obtaining certain rights by
coercion.
b) the acquisitive prescription - which has the effect of acquiring certain rights on immovable property
(landed property) by performing the possession over that estate, during a period of time established by law.
The major real rights establish the right of property in its various forms (private and public) and the
dismemberments of the right of property (the usage, the usufruct, the occupancy, the easement).
The civil obligations have the following sources: the contract, the unilateral act of will, the illicit and
injurious act, the enrichment without fair ground. The right over the intellectual creation: the right of the author
and the right of the inventor, the right of the innovator. The successions (the succession bestowed by will) with
two categories: the legal successional devolution and the testamentary successional devolution.
The civil law is the general guarantee of a fair juridical consciousness, of the observance of the civil ethics,
of the protection of the patrimonial and nonpatrimonial values.

BASIC VOCABULARY

relation = 1. laying of information before Attorney - General for him to take action upon what one person or
thing has to do with another; 2. way in which one stands or is related to another; 3. kind of connection,
correspondence or feeling that prevails between persons or things
individuality = separate existence, individual character, especially when strongly marked.
to establish = 1. to set up (Government, houses of business) on permanent basis; 2. to make legally national;
3. to secure permanent acceptance for something
standard = 1. measure to which other conform or by which the accuracy of others is judged; 2. thing serving
as base of comparison
code = body of laws so arranged as to avoid inconsistency and overlapping
copyright = exclusive right given by law for term of years to author, designer or his assignee to print,
publish, sell copies of his original work.
identification = establishing identity of
holder = owner, tenant of (property, stocks, land)
premise = the aforesaid, the foregoing
correlative = having a mutual relation, analoguous
abstention = keeping oft especially not using one's vote
illicit = unlawful, forbidden

32
 to cancel = to obliterate, to cross out, to annut to abolish, to neutralize
prescription = positive: uninterrupted use or possession from time immemorial or for the period fixed by
law as giving title or right; negative: limitation of the time within which action or claim can be raised; fig. ancient
custom viewed as authoritative, claim founded on long use
immovable = 1. that cannot be moved; motionless; not subject to change; 2. (law) consisting of land, houses
estate = 1. person's interest in landed property (real estate) of movable property (personal estate); 2. one's
collective assets and liabilities
usage = habitual but not necessarily immemorial practice
usufrut = right of enjoying the use and advantages of another's property, provided the property itself
remains undiminished and uninjured in any way
easement = right of way or similar right over another's ground; supplementary building
succession = 1. right of succeeding to the throne or any office of inheritance set or order of persons having
such right; 2. law of succession: regulating inheritance especially in cases of interstate decease
to bestow = to deposit, to provide with lodging
devolution = descent of property by due succession lapse of unexercised right to ultimate owner
ethics = science of morals, treaties on these moral principles, rules of conduct, whole field of moral science

SYNONYMS
standard = illegal
to cancel = to annul
fair = honest

ANTONYMS
private - public
evolution - devolution
active - passive
to lose - to obtain
rich - poor

1. Answer the questions:

1. What does the civil law establish? The civil law establishs some patrimonial relations, in which the
subjects are equal in rights and some nopatrimonial individual relations, connected with the person’s
individuality.Moreover, it establishes the juridical terms of the physical persons and of collective subjects
in their quality as parts in the civil relations.
2. Enumerate the institutions of the civil law. The three institutions of civil law are: the existence of a s
tandard civil lax, the existence of the parts and the existence of a juridical fact.
3. Which are the juridical facts? The juridical facts are: the events and actions among the licit actions.
4. Give the definition of the juridical act. The juridical act can be defined as that licit action commited in
order to create, to assign, to modify or to cancel a juridical relation.
5. Which are the two kinds of prescriptions and what do they deal with? The two kinds of prescriptions are:
extinctive prescription (has the effect of losing the possibility of obtaining certain rights by coercion) and
the acquisitive prescription (has the effect of aquiring certain rights on immovable property by performing
the possession over the estate during a period of time established by law.
6. Which are the sources of the civil obligations? The sources of the civil obligations are: the contract, the u
nilateral act of will, the illicit and injurious act, the enrichment without fair ground.

2. Fill in the blank spaces with the missing words:

a) The patrimonial relations deal with the ...real...... relations.

b) The relations regarding the ....existence..... and the ....integrity..... of the subjects of the civil low are non-
patrimonial relations.
c) The right of properly belongs to the ....real..... relations.
d) The elements of the civil juridical relation are: the ...subjects......of the ....contents..... and the
….objects........
e) The ......acquisitive... prescription has the effect of acquiring certain rights on immovable property.
f) The right of property can be ..private....... and ....public.... ..

33
 3. Group the following under two headings:

patrimonial relations
a) the right of private property
d) the right of public property
f) the low of credence

non-patrimonial relations
b) the right to health
c) the right to reputation
e) the right to life
g) the copyright
h) the right to a name

4. Which of the following sentences are true and which are false? Correct the false ones.

a) The juridicalacl is that illicit action committed in order to cancel a juridical relation. TRUE
b) The acquisitive prescription has the effect of acquiring certain rights on immovable property by coercion.
FALSE (The acquisitive prescription has the effect of acquiring certain rights on immovable property by
performing the possession over that estate, during a period of time established by law)
c) The usage, the usufruct, the occupancy are established by the non-patrimonial relations. FALSE (The
usage, the usufruct, the occupancy are established by the patrimonial relations)
d) The juridical facts are events and actions (licit or illicit). TRUE
e) The civil obligations have as sources the contract, the unilateral act of will, the licit act, the enrichment
without a fair ground. TRUE

5. Explain the following terms: code, prescription, succession, usufruct

code- a systematic statement of a body of law

prescription- the establishment of a claim of title to something under common law usually by use and
enjoyment for a period fixed by statute
succession- the order in which or the conditions under which one person after another succeeds to a
property, dignity, title,
usufruct- the legal right of using and enjoying the profits of something belonging to another

7. Use the following words in sentences of your own: devolution, to bestow, estate, copyright.
Pay attention to the central government to amend the approved list of investment projects, ,
review devolution of authority.
Professional societies bestow other forms of credentials on a voluntary basis.
He is a real estate agent.
The CD is protected by copyright.

THE JUDICIARY IN THE UNITED STATES (Part one)

The judiciary of the United States has its historical background in the legal and political institutions of
England. The tribunals set up in the colonies were similar to those of the mother country and acts of Parliament
and the principles of the common law and equity were enforced in the new country as the old, with the added
responsibility on colonial courts of enforcing the enactments of colonial assemblies. The office of justice and
peace, for dealing with minor civil matters and minor offences, was well established. Above this office was the
court usually known as the country court, having original jurisdiction in more important matters. A right of appeal
to the colonial assembly existed in some colonies, analogous to the House of Lords in England. There was in some
cases a right of appeal from colonial courts to the judicial committee of the Privy Council in England.
After the colonies became independent states, the courts remained fundamentally the same, except for the
development of courts of appeals full-time professional judges. Constitutions prescribed the governments of the
states, pursuant to which state laws were made and enforced. The application of the common law and equity
principles was continued.
No provision for an adequate Federal judiciary was included in the Articles of the Confederation. Congress
was given the power, however, to set up commissions to settle disputes among the states. This power was
infrequently exercised, but the Confederation Congress did set up a court of appeals to decide cases appealed from
state courts involving prizes of war and piracies and felonies on the high seas. The lack of an adequate judiciary

34
was one of the maior defects of the confederation. All the proposed plans of government submitted to the
Constitutional Convention of 1787 provided for a national judiciary, distinct from the judicial system of the states.
The first three articles of the constitution provided respectively for the establishment of the legislative,
executive and judicial branches of the Government. The judiciary article provided that the judicial power of the
United States should be vested in a Supreme Court and in such inferior courts as Congress might ordain and
establish. All federal judges were to hold office during good behaviour, and their salaries were not to be
diminished during their continuance in the office. By article II, dealing with the executive, the President was
authorised to nominate, and, by end with the advise and consent of the Senate, to appoint Supreme Court judges
and certain specified officers. It also defined the original jurisdiction of the Supreme Court and prescribed the
content of Federal judicial power. The jurisdiction of particular Federal courts, however, was left to congressional
determination. The sixth article established a basis for review by the Federal judiciary of state court decisions
involving the Federal Constitution, laws or treaties by providing that state judges should be bound by them, not
with standing any contrary provisions in the constitutions and laws of the states. The first ten amendments, added
in 1791 to meet criticism voiced in the ratifying conventions, included additional prescriptions with respect to the
court. Among them, suits at common law involving more than twenty dollars were to be tried by jury; criminal
trials, with certain exceptions, were to be presided by indictment by great jury; the resort to excessive bail,
excessive fines and cruel and unusual punishments was prohibited.
The judiciary provisions of the Constitution were given effect in the Judiciary Act, 1789, enacted after
eleven states ratified the Constitution. The judicial system was headed by a Supreme Court consisting of a Chief
Justice and five Associate Justices. Below the Supreme Court were three circuit courts which had no judges of
their own, but were conducted by two Supreme Court judges and a district judge. Below the circuit courts were
thirteen district courts, for each of which a district judge was to be appointed by the President in the same manner
as Supreme Court judges.

Adapted from "Concise Dictionary of American History"

35
 TAX EVASION. BRIBERY AND CORRUPTION

The evasion
Business organizations have the same motivation to avoid paying their taxes as individual citizens. But
there is one essential difference between individual and corporate tax payers: because the latter have vastly more
political influence, they are able to obtain specific industry -by industry tax breaks and loopholes to make most
corporate tax avoidance completely legal. The bewildering complexity of the tax laws is a major ally of corporate
tax dodgers. It often takes years of litigation to determine if a new corporate tax strategy is legal or not. As a result,
most corporations are shielded from criminal prosecution even when their actions are apparently intended to
defend the Government.

Bribery and corruption

Bribery is a universal phenomenon with roots that stretch far back into human history. The code of
Hammurabi, created by the king who founded the first Babylonian empire, held that if a man was bribed to give
false witness against another, he must bear the penalty imposed in the case. An edict by one Egyptian Pharaoh
proclaimed the performance of his judicial duties. References in Greek and Roman laws, as well as in the Bible,
show that bribery was condemned with harsh penalties in other ancient societies as well.
Many criminologists classify individual bribery case on the basis of the intended target. Thus, they
distinguish bribery directed at private firms and individuals from bribery directed at government employees. From
a sociological standpoint, however, it makes more sense to include in bribery the payoffs made to win private
business, for the motivations and modus operandi of the offenders are often identical. Accordingly, we will
distinguish between commercial bribery intended to promote sales or obtain confidential business information, and
political bribery, intended to influence government policy.
The concept of commercial bribery is a more recent legal development. And although it is often
condemned, many more people are willing to brush it off as a normal business practice that causes little real harm.
Supporters of this position argue that the total amount of money paid out in bribery cases is relatively small and
has little effect on the average consumer. Critics charged that even if the total amount of money involved in
commercial bribery is small, the practice creates a climate of corruption and disrespect for the law and gives.
major corporations with vast financial resources an unfair advantage over their smaller competitors in the USA.
When firms attempt to buy sales for their products, their first targets are oftem the purchasing agents who are paid
to make such decisions. Corporate payoffs are often made through dummy firms set up specifically to act as
conduits for illegal transactions. Under this arrangement, the parent corporation can write off bribe money as a
legitimate business expense and claim it knew nothing about the payoffs.
Sometimes, businesses distribute payoff money through sale agents. Because many multinational
corporations find it difficult and expensive to set up an office in every country in which they do business, they
often employ local sales agents who know the people involved in making major purchases. Such agents also
provide an excellent conduit for the distribution of bribe money, as they know who is likely to accept bribes and
what kind of inducements they prefer. In addition, the use of local sale agents allows foreign multinationals to
avoid direct involvement in the illicit payments.
Regarding political bribery and corruption, there are special-interest groups that use a host of different
techniques to bend the government's actions to their ends. Despite their corrosive effects upon the democratic
process, many of those techniques are completely legal. The most popular legal method of purchasing political
influence is still through campaign contributions. Recent restrictions on direct corporate contributions to political
candidates have created some problems and led to many illegal attempts to skirt the law.
Corporations sometimes provide free services directly to sympathetic candidates, in the hope that such
assistance will be less obvious than illegal monetary contributions. Other corporations make large loans to
candidates that mayor may not be paid back, or secretly pay campaign expenses by shifting part of a candidate's
advertising bills to their own accounts.
Corporations have not always been content to operate through such indirect methods, and there have been
numerous relations of direct corporate payments to finance election campaign.

BASIC VOCABULARY
tax payer = 1. a person who pays a tax or is subject to taxation; 2. a temporary building that yields rent
suffident only to pay the taxes on the property on which it stands
dodger = 1. a person who changes position suddenly as to avoid a blow or get behind something; 2. a shifty
person, especiolly one who persistently evades a specific responsibility (taxdodgers)
loophole = 1. a small or narrow opening, for looking through; 2. a means of escape or evasion, a means of
evading a rule, law
to shield = 1. to protect (someone or something) with or as with a shield; 2. to serve as a protection for; 3. to
hide or conceal; to protect by hiding

36
 payoff = the poyment of a salary, debt, wage
corruption = 1. the act or state of corrupting or being corrupted; 2. perversion of integrity; 3. dishonest
proceedings
(to) purchase = 1. to acquire by the payment of money or its equivalent; to buy; 2. to influence by a bribe; 3.
acquisition by the payment of money or its equivalent; buying, or a simple act of buying
dummy = a representation or copy of something, as for displaying to indicate oppearance; counterfeit,
fictitious
inducement = 1. act of leading or moving by persuosion or influence a stote of mind, aelion; 2. something
that induces, motivotes, persuades
fo skirt = to avoid, to go around the edge of, or keep distant from

SYNONYMS
motivation = incitement
to shield = to ovoid
dummy = fictitious
inducement = incentement
employee =worker
obvious = plain

ANTONYMS
corruption - honesty
complete - incomplete
sympathetic - repugnant
secret - well-known
obvious - hidden
employee - employer

1. Answer the questions:

1.What is the difference between individual and corporate tax-payers? The corporate tax payers have
vastly more political influence , obtaining specific industry tax breaks and loopholes to make the
corporate tax avoidance legal.
2.What is the result if you try to determine if a new corporate tax strategy is legal or not? The result is
that most corporations are shieldied from criminal prosecution even their actions are apparently
intended to defend the Government.
3.What do you mean by bribery? The bribery represents the act or practice of giving or taking a bribe
4. Which are the roots of bribery? The roots of bribery stretch far back into human history, back to
the Babylonian empire during the Greek and Roman times.
5. Is there any difference between individual bribery and private firms bribery? The individual
bribery directed the bribe to private firms and individuals while the private firms directed it to
government employees.
6. Is the commercial bribery a normal business practice? Many more people consider that commercial
bribery is a normal business practice that causes little real harm.
7. Which is the critics' opinion on bribery?
8. What can you tell about political bribery and corruption? Even if the amount of money involved in
the commercial bribery is small, the practice creates a climate of corruption and disrespect for the
law and gives major corporations with vast financial resources an unfair advantage over their
samller competitors.
9. Do the elections have a special place in the bribe problem? Yes, the most popular method of
purchasing political influence is through campaign contributions.

2. Fill in the blank spaces with the missing words:

a) The ...corporate tax payers...... have vastly more politital influence.

b) The bewildering complexity of the tax laws is a major ally of corporate ....tax dodgers......
c) Bribery is a ....universal..... phenomenon.
d) Many ...criminologist...... classify individual bribery case on the basis of the intended target.
e) The concept of ...commercial bribery...... is a more recent legal development.
f) Sometimes, business distribute payoff money through .....dummy firms.....
g) Corporations sometimes provide free services directly to ...sympathetic...... candidates.

37
 3. Which of the following statements are false and which are true. Correct the false ones:

a) Business organizations have the same reasons to ovoid paying their faxes as individual citizens. TRUE
b) It often takes months of litigation to determine if a new corporate strategy is legal or not. FALSE (It
often takes years of litigation to determine if a new corporate strategy is legal or not)
c) An edict of one Greek emperor proclaimed the performance of his judicial duties. FALSE (An edict of
one Egyptian Pharaoh proclaimed the performance of his judicial duties)
d) The criminologists distinguished bribery directed at individuals. FALSE (The criminologists
distinguished bribery directed at government employees)
e) Critics charged that even if the total amount of money involved in the commercial bribery is small, the
theory creates a climate of corruption. FALSE (Critics charged that even if the total amount of money
involved in the commercial bribery is small, the practice creates a climate of corruption)
f) Sometimes, businesses send payoff money through sale agents. TRUE

4. What do you mean by:

a) multinational corporations- a business that operates in many countries in the same time
b) commercial bribery- bribery of a purchasing agent in order to induce the agent to enter into a transaction
c) corruption- dishonest or fraudulent conduct by those in power
e) payment- he action or process of paying someone or something or of being paid
g) campaign-  a connected series of operations designed to bring about a particular result

BRIBERY SCANDALS
The international bribery scandals of the 1970s revealed numerous incidents in which sale agents made
large payments to encourage the purchase oftheir employers' aircraft. The Grumman Corporation used sales agents
to negotiate its deals in Iran. In internal company correspondence, at least one Grumman executive referred to
these sales agents as "bagmen" and the agents
described themselves as "errand boys" for high officials in the Iranian military. In 1975, Grumman paid its
sales agents $ 2.9 million, most of which was given out to various officials in the Iranian Airforce. But Grumman
was not the only corporation involved in Iranian bribery. At least seven different American companies are known
to have paid large "fees" to the Air Taxi Company, a Teheran sales agency that was partially owned by the
commanding general of the Iranian Airforce.
The first of the international bribery scandals and the one that offered some of the most spectacular
revelations, involved the Lockheed Aircraft Corporation, involving the $ 25 million that Lockheed admitted giving
out in "questionable payments". But no other firm seemed to have fostered corruption in such high circles as
Lockheed. Among those named in bribery charges were former Prime Minister of Japan -Kakuei Tanaka and
Prince Bernhard of the Netherlands. The CIA personnel checked out the matter and found the sales agent of
Lockheed Aircraft Corporation, to be well connected with the new regime in Indonesia. Other documents show
that Lockheed's bribes may have reached all the way to Sukarno himself, and later to his successor, President
Subarto. Lockheed memos show that the company tried to convince the officers of the need to take the bribes
through agents because of the "significant protection provided for them as well as for us". Officials in Iran, the
Philippines, Italy, West Germany, Turkey, Mexico, Columbia and Venezuela also received bribe money. But the
biggest scandals involved Lockheed's illegal activities in Netherlands and Japan. Although an investigative
committee appointed by the Dutch government did not find sufficient grounds for a criminal indictment, numerous
serious charges were made. Lockheed's criminal activities in Japan involved much larger sums of money and a
wider network of corruption which led to the arrest of Tanaka, his secretary and two top executives of the
Marubeni Trading Corporation (Lockheed's national trading agent) for accepting bribes.

Adapted from "The Sociology of White Collar Crime", by J. W Coleman

38
 FALSE ADVERTISING AND FRAUD

Few events have had a more profound effect upon the pattern of modern life than the growth of
bureaucracy. The unprecedented size and complexity of the modern state and the enormous number of tasks it has
assumed have wrousht profound changes in our social structure. But the most revolutionary transformation has
come in economic organization. Even democracy itself has a different meaning in a society in which public
opinion is shaped by the bureaucracies of mass communication and the growth of economic concentration has
placed so much power in the hands of the few.
No matter how skeptical they may be about the reasons of big business, few see corporate executives and
managers as violent criminals. It is easy to believe that a vast reservoir of violence lies behind the defiant visages
of the young blacks trapped in the ghettos or the haggard features of heroine addicts, but corporate executives
would seem to be another story entirely. But the differences between the criminals of the upper world and those of
the underworld are as much matters of form as of substance. Although the techniques may be different, the results
are often the same. The young robber, who accidentally kills a store clerk displays the same disregard for human
life as shown byengineers who falsify test results to conceal a deadly Aaw in an automobile or airplane
manufactured by their employer.
The legal response to this organisational revolution has been slow and ineffectual. Traditionally, the law has
been based upon the principle that criminal responsibility rests with autonomous individual actors. But in many
ways the organisations themselves are the real perpetrators of organisational crimes.

False advertising
It represents one of the best known forms of fraud and deception. Who hasn't seen an advertisement that
seems patently false or bought a product whose performance fell far short of the claims of its promoters? Although
common sense would tell us that false advertising consists of the use of untrue statements in advertising, the law
uses a different standard. It is not falsity, but deception in advertising that is illegal. According to Section 5 of the
Federal Trade Commission Act, deceptive advertisements are those that are "misleading in material respect",
which has been interpreted by the courts to mean that the deceptive advertisements must somehow affect the
purchasing decisions of the customer. Although there often is little doubt about what makes a statement true or
false, determining whether or not a statement is deceptive this is a much more complex business, because one must
not only examine the nature of the statement, but also judge its potential effect upon the listener. You think some
product is extraordinary, but it isn't. Such deceptions can be devastating to small competitors who cannot afford
major advertising campaigns of their own, but the vast majority of the victims are consumers deceived into
thinking that an expensive brand name product is better than less-expensive substitutes.

Fraud
In contrast to false advertising, more blatant frauds are usually handled as criminal offences, but the
severity of the punishment varies greatly with the type of offence and the size and influence of the company
involved.
The "commercial underworld" - small and medium-sized firms that operate on the fringes of the law,
typically prey on the poor and on minorities through door-fo-door sales schemes, high·pressure credit sales and
other marginal ventures. One typical approach involves the sale of cheap merchandise or promised home repairs
on "easy credit" terms to low-income buyers. The loans then are quickly sold at a discount to finance companies
and by the time the customers realise that they have not got their money's worth, it is too late. According to the
law, "a holder in due course" of a note is entitled to collect on it, even if the original holder did not keep up his
agreement with the borrower.
But those with low incomes and little education are not the only victims of the commercial underworld.
Land fraud schemes, for example, prey on more affluent victims. These schemes typically involve high-pressure
sales of retirement or vacation lots that are described in lavish brochures as having all utilities and being set in
beautiful locations. Unsuspecting customers are often persuaded to buy the property sight unseen, and when they
finally visit their property, they find barren desert or swampy marshland.

BASIC VOCABULARY
democracy = government by the people; a form of government in which the supreme power is held by the
people and exercised directly by them or by their elected agents under a free electoral system
skeptical = inclined to skepticism; having (showing) doubt
defiant = characterised by a daring or bold resistance to authority or to any opposing force, or by
antagonism
visage = aspect, appearance
ghettos = a section of a city, especially a thickly populated slum area, inhabited predominantly by Negroesl
Puerto Ricans, or any other minority group, often as a result of social or economic restrictions

39
 haggard = wild-looking; having a wasted or exhausted appearance, as from prolonged suffering, exertion,
anxiety
(to) addict = a person who is addicted to a practice or habit; to give (oneself) over, as to a habit or pursuit
disregard = lack of due or respectful regard
to conceal = to hide; to withdraw or remove from observation; to cover or keep from sight; to keep secret;
to prevent or avoid divulging
promoter = a person who initiates or takes part in the organising of 0 company, developing a project; one
who presents (o product) for consumer acceptance, especially through advertising
perpetrator = the one who performs, commits or executes a crime, wrong
to mislead = to lead or guide wrongly; to lead into error of condud, thought or judgement
blatant = obtrusive; brazenly obvious
retirement = withdrawal into privacy and seclusion

SYNONYMS
enormous = prodigious
wrought = elaborated
skeptical = doubtful
defiant =refractory
haggard =drawn
disregard = disrespect
ineffectual = pointless

1. Answer the questions:

1. Which are the effects of the growth of bureaucracy? The effects of bureaucracy are visible upon the
pattern of modern life, in our social structures and in economic organization.
2. How has the democacy been changing in the new society? The most revolutionary transformations
has come in economic organization. The democracy has a different meaning in the society , the growth of
economic concentration placed so much power in the hands of a few.
3. Can the corporate executives and managers be violent criminals? Yes. The executives and managers are
violent criminal but just a few can see them like this.
4. How do the differences between the upperworld and the underworld affed the rate of criminality ? The
techniques may differ, but the results are always the same.
5. What do you understand by false advertising? The false advertising is one of the best known forms of
fraud and deception.
6. Does false advertising have any effect upon the small competitors? Yes, the small competitors cannot
afford major advertising so the people will chose the brand name product instead of his lees-expensive
substitute.
7. What about the buyers? The buyers are the victims of this false advertising because they think that
something expensive is better than a cheaper version.
8. What are the effects of the "cheap merchandise" or promised home repairs? The effects of cheap
merchandise are seen in the loans that quickly sold at a discount to finance companies . By the time he
customers realise that they have not got their money’s worth.

2. What is the difference hetween false advertising and fraud? The difference between fraud and false
advertising consists in the way of punishment. The fraud are handled as criminal offences, while the false
advertising are not.

3. Fill in the hlank spaces with the missing words:

a) Even ......democracy... itself has a different meaning in a society in which public opinion is shaped by the
........bureaucracies… of moss communication.
b) But the ..difference....... between the criminals of the upperworld and those of the underworld are as
much matters of form as of substance.
c) The false advertising is one of the best known forms of fraud and ......deception.. ..
d) In contrast to ...false advertising......, more blatant ......fraud.. are usually handled as criminaloffences.
e) The ..loans....... are quickly sold at a discount to finance companies.
f) According to the law, ".....a holder.... in due course" of a note is entitled to collect on it.

40
 4. What do you mean by:

- criminal- a person who has commited a crime

- underworld- the world of criminals or of organized crimes
- upperworld- the respectable law-abiding part of society
- disregard- to pay no attention to something
- misleading- to lead in a wrong directionor into a mistaken action
- advertising- the action of calling something to the attention of the public especially by paid
announcements

VIOLATIONS OF CIVIL LIBERTIES

Assaults on individual liberty take many forms. In authoritarian regimes, they involve direct and often
violent repression of dissenting views. In the liberal democracies, political repression assumes more subtle guises.
Corporations commonly hire investigators and informants to spy on their political opponents. Government agents
work behind the scenes and out of public view, often violating the laws and claiming to be obeying them. This
paradox is a reflection of the fact that the ruling elite in most contemporary industrial societies do not have
unlimited power to control the legal definition of criminal behaviour. The strength of tradition, public opinion and
opposing political groups has been sufficient to define many of the abuses committed in the interest of the
powerful, as criminal offences.
The mere concentration of economic control has transformed some long·standing business practices into
new threats of civil liberties. While uncovering information about corporate violations of civil liberties is no easy
matter, the problem is vastly more difficult where the Government is concerned. The Government Agencies
involved in domestic spying wrap themselves in a cloak of secrecy and often claim that "national security" is being
threatened whenever attempts are made to strip away their cover. It is clearly illegal for the Government to engage
in any sort of political harassment or of dirty tricks against its citizens.

Adapted from "The Sociology of White Collar Crime", by J.W. Coleman

41
 THE COERCIVE LAW

The coercive law is a branch of the system of laws consisting of all the legal standards which establish the
action highly dangerous for the society called penal offences and, of course, the penalties for the persons who did
such actions, called offenders.
The object of the coercive law stands in the social relations regarding the activity of coercion ('penal
repression') and, on the other hand, in the activity of prevention of the infractional phenomenon. These relations
exist between the members of a society and derive from the necessity of defending the essential values of the
society and their safe development, as an indispensable condition for the existence and for the normal evolution of
a society.
By the concrete regulation of this process of social defence, there are created the juridical coercive
relations, having a separate speciffic character.
The members of a society have the duty not to harm or to endanger by their acts the social values of a
society or the other members who are title holders of these. On the other hand, they have the right to receive the
same attitude from the other members of the society, towards the values they themselves are titulars of.

The necessity of the coercive laws

The social life, with its various phenomena and causal actions, cannot exist if there is not a system of
defence against the acts determined by individual motives and purposes, that put it in danger.
The totality of the acts of antisocial conduct, of the criminal acts (offences) is a social phenomenon with
serious and grave implications in the evolution of the society, called criminality or infractional phenomenon.
Criminality is the object of study for criminology as a science. It studies the causes of the infractional
phenomenon, the conditions that lead to offences, the structure and its legislation. Beside the characteristic
methods, criminology resorts to the methods used by socio-humanistic sciences in order to reveal the character of
criminality, often very complex.
In order to put into practice the duties of the coercive law, there are: the criminal processuallaw, which
regulates the coercive action, the trial and the punitive sanctions; the criminal execution of the coercive penalties,
as well as their application, according to the norms of penal procedure.

VOCABULARY PRACTICE

offence = aggressive action, attacking; transgression, misdemeanour, illegal oct infraction, breaking /
infringement of the law
offender = infringer of the low, delinquent
penal = of punishment, concerned with inflicting this
penal law = punishable by law
penalty = punishment, for breach of low, rule of contract
coercion = constraint, compulsion, restraint
duty = moral or legal obligation, what one is bound or ought to do; binding force of what is right
attitude = settled behaviour, as indicating opinion
to endanger = to couse danger to, to imperil, to put in danger, to jeopardise
implication = involving in
necessity = constraint or compulsion regarded as a low prevailing through material universe and governing
all human action; constraining power of circumstances, state of things compelling to certain course
motive = what induces a person to oct, reason, incentive, cause, ground
aim = direction of a missle at an object, design, purpose, goal
conduct = manner of life, behaviour
sanction = 1. law decree; 2. penalty (also vindictive or punitive) or reword for (dis)obedience attached to a
low, douse containing this; 3. confirmation or ratification of law by supreme authority

SYNONYMS
coercive = criminal
offence =infraction
offender = delinquent
coercion =constraint
to endanger = to imperil
necessity = need
motive = reason
aim = purpose

42
 ANTONYMS
high -low
normal- abnormal
to reveal - to cover
punitive -vindictive
complex -simple
often -seldom

1. Answer the questions:

1 What does coercive low deal with? The coercive law establish the action highly dangerous for the society
called penal offences.
2. How can you describe the object of the coercive law? The object of coercive law is described in the
social relations regarding the activity of coercion and in the activity of prevention of the infractional
phenomenon.
3. Define criminality. Criminality reveals the methods used by socio-humanistic sciences in order to
present the character of criminality.
4. What does criminality study? Criminality studies the causes of the infractional phenomenon, the
conditions that lead to offences, the structure and its legislation.
5. What does the criminal processuallaw and the criminal executory law regulate?
The criminal processuallaw regulates the coercive actions, the trial and the punitive actions while the
criminal execution regulates the coercive penalties, with their applications.

2. Try to define in your own words the coercive law.

The coercive law can be defined as the category of laws which punishes the most dangerous actions
such as penal offences.

3. Translate into English:

a) Între două state vecine a izbucnit un conflict puternic. A conflict has erupted between two neighbouring
states.
b) Procesul dintre soț și soție a durat două luni. The trial between wife and husband lasted 2 months.
c) Este mai important să se urmărească prevenirea accidentului decât să fie pedepsiți cei vinovati. It is
more important to prevent the accident rather than punishing the guilty ones.
d) Securitatea socială este pusă în pericol din cauza creșterii criminalității. The social security is threatened
due to rising crime.
e) Pentru că nu s-a oprit la somația polițistului, hoțul a fost impușcat. The burglar was s hot because he
didn’t stop to police injunction.
f) Viața socială, cu diversele sale fenomene și acțiuni cauzale, nu poote exista dacă nu se instituie un
sistem de apărare impotriva manifestărilor determinate de motive și scopuri individuale care o pun în
pericol. The social life with its phenomenon and causative effects cannot exists if there isn’t a system of
defending against the manifestations caused by individual reasons and purposes which threatened it.

THE JUDICIARY IN THE UNITED STATES (Part two)

The district courts were given original jurisdiction in minor offences against Federal laws and in a wide
range of admiralty cases, the latter making up the burden of their work in early years. In some cases, right of
appeal lay to the circuit courts. The circuit courts had original jurisdiction in cases involving larger amounts and
more serious offences. The major portion of their work in earlier years was with cases involving state laws in
which Federal jurisdiction depended on the fact that the parties were citizens of different states. The Suo preme
Court was given the jurisdiction allotted to it by the Constitution and to appellate jurisdiction in certain cases from
decisions of the circuit courts and the highest state courts.
The history of the Federal judiciary has been the history of the steady expansion of business and the
consequence of this expansion. The expansion has been one of territory, an increase in the settled area requiring
judicial service. It has been one of population, in that growth of population within given areas has added to the
work of the courts. It has been one of legislation, in that the bulk of Federal legislation to be applied by the courts
has grown with the growth of the country and the increasing complexity of the conditions of liVing.
Although the district courts survived and increased in number, they underwent drastic jurisdictional
changes by which they were crowded into the field originally occupied by the circuit courts. The circuit courts had

43
a more difficult task of survival. Modified early in 1801 by on oct of Congress creating a number of circuit
judgeships and abolishing the requirement that Supreme Court judges ride circuit, the old circuit court system was
restored within a few months. In 1869, Congress provided for the appointment of nine circuit judges for the
circuits, thereby relieving the judges of the Supreme Court of port of their circuit responsibilities. The increase in
the appellate work of the Supreme Court led to demand for future relief. Congress responded with a new measure
in 1891. This measure added a new circuit judge to each circuit, withdrew all appellate jurisdictions from the
circuit courts and by implication relieved Supreme Court judges of the obligation to ride circuit. The some oct
provided for the creation of a circuit court of appeals in each circuit. Upon these courts was conferred the appellate
jurisdiction hitherto exercised by the Supreme Court. The circuit courts were finally abolished in 1911 because of
the extent to which their work overlapped with that of the district courts.
The Federal juridical system, therefore consists now of the district courts, the circuit courts of appeal and
the Supreme Court. The Federal district courts are the bottoms of the regular judicial hierarchy. Between the
district courts and the Supreme Court there is a court of appeal in each of the eleven circuits into which the United
States is divided. By an act of Congress of 1948, the former circuit courts of appeals were renamed United States
Courts of Appeal and the District of Columbia was recognized as constituting one of the eleven circuits).
Provisions with respect to appellate jurisdiction of the Federal courts are exceedingly complex. For
example, some cases are taken directly from the district courts to the Supreme Court. Some go from the district
courts to the courts of appeals and thence to the Supreme Court. Some cannot go beyond the courts of appeals. The
purpose of Congress in prescribing the appellate jurisdiction of the several courts is to provide for the expeditious
appeal to the highest court of cases of greatest importance, while limiting or cutting off altogether the right of
appeal in those of lesser importance.
The appellate jurisdiction of the Supreme Court is almost entirely discretionary. By the Judiciary Act of
1925, the court itself was constituted by the judge, with only a few exceptions, of what cases it will hear on appeal.
The Federal judiciary, in a narrow sense consists only of these several courts, which are created pursuant to
the provisions of the third article of the Constitution. In the exercise of the other powers conferred upon it,
however, such as the powers as the govern territories, to grant patents, and to appropriate money to pay claims
against the United States. Congress may create other tribunals to exercise judicial functions. These are known as
legislative courts, in contrast with the so-called constitutional courts organized under Article Among them are the
courts established in the territories of the United States, the Court of Claims and the Court of Customs and Potent
Appeals. Bearing some resemblance to legislative courts, there are independent agencies such as the Interstate
Commerce Commission, the Federal Trade Commission, the Notional Labour Relations Boord and other agencies
within some of the departments of the Government, which exercise iudicial functions, but which are not usually
classified as iudicial tribunals.

Adapted from "Concise Dictionary of American History"

44
 THE PUBLIC INTERNATIONAL LAW

The public international law of conflicts is the totality of the standards and principles that regulates the
relations between subjects of the international law -the states and the intergovernmental organizations. In this
system governed by the standards of international law of conflicts, the interstate relations have to be ones in which
the states are titular of their sovereign rights.
The fundamental principles of the international law contain general rules of conduct, whose observance is
essential to the development and co-operation between states, to the maintaining of the international peace and
security.
In the Chart of the United Nations, adopted in 1970, there are seven principles:
1) not to resort to force and to threat by force;
2) the settlement of the international conflicts by peaceful means;
3) not to intervene in the internal affairs of one state;
4) international co-operation;
5) equality of rights for all the nations and the right of nations to selFdetermination;
6) sovereign equality of states; 7) the good faith accomplishment of the assumed duties.
To these principles, there were other three more added at the Conference for security and co-operation held
at Helsinki, in 1975:
1) the inviolability of the frontiers;
2) the territorial integrity of states;
3} the observance of the human rights and of the Fundamental liberties.
These fundamental principles are the peremptory norms of the internationallaw. The states cannot depart
from these principles in their agreements, in their local or bilateral relations. This proves the importance that all the
states confer to these principles in the settlement of their relations.
The fundamental principles have no absolute character. They establish some of the limits of the actions and
of the rights of the states. In their co-operation, the states take upon themselves new mutual obligations. Every
principle has to be understood properly and has to be applied in connection with the other principles.
There are some standards which aim at rights concerning all the states, but which are not the object of their
sovereignty (the liberty of seas, the interdiction of piracy); there are also some other humanitarian standards,
considered by all states indispensable in order to guarantee the respecting of the elementary rights of life and of
human dignity (the interdiction of genocide and of slavery, the rules and the manners of the war).

VQCABULARY. IDIOMS

public = concerning the people as a whole; done by or for, representing the people
international = existing, carried on between different nations
conflict = fight, struggle, collision; dashing (of opposed principles)
inter = express mutual or reciprocal action or relation, or with sense 'among', 'between'
organization = organized body, system or society
to govern = 1. to rule with authority, to conduct the policy actions and affairs of state, subject, despotically
or constitutionally, to regulate proceedings of; 2. to rule, to influence, to regulate, to determine (a person, his acts,
course or issue of events), to be the predominating influence; 3. to conduct oneself in some way; 4. to constitute a
low, rule, standard or principle, to serve to decide
security = 1. thing that guards or guarantees; 2. organization for preventing leakage of information to
enemy
co-operation = working together to the some end, to concur in producing an effect
threat = 1. declaration of intention to punish or hurt; 2. such menace of bodily hurt or injury to reputation or
property as may restrain person's freedom of action; 3. indication of coming evil
affair 1. thing to be done; concern, business, matter 2. pl. ordinary pursuits of life
self-determination = a nation's right to determine its own policy
accomplishment = 1. fulfilment, completion; 2. thing done or attained, achievement
inviolable = 1. not to be violated; 2. (of laws, persons, places): to be kept sacred from infraction,
profanation
to confer = 1. to grant to bestow; 2. to afford, to accord, fo give
integrity = wholeness, uprightness, honesty
peremptory = imperious, final, imperative, absolutely fixed, dogmatic, dictatorial
agreement = 1. mutual understanding, covenant, treaty; 2. contract legally binding on parties; 3. accordance
in opinion
to interdict = to prohibit (action); to forbid use of; to restrain (person from doing)
interdict = injunction

45
piracy = sea-robbery, sea roving
genocide = extermination of a race

SYNONYMS
mutual = reciprocal
in connection with = in conjunction with
interdiction = prohibition
manner = habit
settlement = regulation
conference = congress, meeting
observance = respecting
indispensable = essential
co-operation = concurrence-assistance
to assume = to take upon oneself

ANTONYMS
internal - external
prohibited - free
agreement - disagreement
essential - trivial, worthless, unimportant
absolute - relative
to affirm - to deny
to consider - not to consider
faithful - unfaithful
national - international
peace -war

1. Answer the questions:

1. Define the public international law. The public international law is defined as the totality of standards
and principles that regulates the relations between subjects of the international law.
2. Which are the fundamental principles adopted in 1970? The fundamental principles adopted in 1970 are:
not to resort to force and to threat by force; the settlement of the international conflicts by peaceful means;
not to intervene in the internal affairs of one state; informational co-operation; equality of rights for all the
nations and the right of nations to selfdetermination; sovereign equality of states; the good faith of the
assumed duties.
3. Which are the added principles from Helsinki Conference? The new principles are: the inviolabilityof the
frontiers; the territorial integrity of states; the observance of the human rights and of the Fundamental
liberties.
4. Which of the standards are essential in the relations between states? The essential standards in the
relations between states are peremptory norms of the international law. The states cannot depart from these
principles in their agreements.
5. What do the interstate relations have to be? The states take upon themselves new mutual obligations.
Every principle has to be understood properly and has to be applied in connection with the other
principles.

2. Translate into English:

a) Dreptul fiecărei ţări este să fie suverană. Every country’s right is to be sovereign.
b) Principiile dreptului international asigură relaţiile bilaterale şi cooperarea între state. The principles of
international rights provide bilatyeral effects and cooperation between states.
c) Aceste principii constituie normele fundamentale ale dreptului international. This principles represent the
foundation of the International right.
d) Procuratura a trimis probele la laborator pentru a fi analizate. The prosecution office has send the
evidence to laboratory for the examination.

3. Explain the following terms:

-international- related to national boundaries
-threat- an expression of intention to inflict evil, injury or damage.

46
 -agreement- the harmony of opinion, action, an arrangement
-to govern- the action of ruling/ to exercise the sovereign authority
-self-determination- the free choice of one’s own acts or states without external compulsion

4. Use the antonyms of the following words in sentences of your own: external, relative, to consider, war,
peace, national.

external-internal
He has knowledge of the country’s internal affairs.
relative- non-relative
to consider- to disregard
They have shown disregard for human rights.
war- harmony
They try to maintain harmony between the two communities.
peace-conflict
Both sides in the conflict have agreed temporarily to suspend hostilities.

5. Fill in the blank spaces with the missing words:

In the ..... Chart.... of the United Nations there are ...seven...... principles:
1. not to resort to .. force....... and to threat by ..force........
2. .......The equality.. of rights and the right of nations to ....self-determination.... .
3. sovereign ...equality...... of states
4. the good faith accomplishment of the ..assumed....... duties
5. international ...co-operation..... .
6. not to ….intervene........ in the internal affairs of one state
7. the settlement of the international ....conflicts..... by peaceful means

THE JUDICIARY OF THE UNITED STATES (Part three)

Since the business of the Federal courts is clearly deFined, like the Constitution and the acts of Congress,
state and local courts handle most law cases in the United States. In every state the courts are organized in a
progressive series. At the bottom of the scale is the justice of the peace, an office of ancient origin which was early
established in the United States and which has persisted to the present day. The jurisdiction of the court of justice
of the peace is confined to petty civil disputes and breaches of the peace. In cities, this jurisdiction is exercised by
police courts and municipal civil courts rather then justice of the peace. Above the petty courts are the trial courts,
which hear most of the civil and criminal cases, arising in the states. These intermediate courts are variously called
"county courts" (usually of limited jurisdiction), "superior courts" and"circuit courts". At the head of the juridical
system of every state there is a court of last resort (known as Supreme Court or Court of Appeals) for all cases
arising under the state Constitution and laws. The states, finally, usually have special tribunals for particular
purposes. There are, for example, probate courts, small claim courts, children's courts, chancery courts,
administrative courts, such as industrial commissions.
The state judicial systems differ greatly among themselves and from the Federal system in matters of
appointment and tenure. In the early years, the
selection of judges was made largely by the legislature or indirectly under its control. The Jacksonian
period saw a movement toward popular election, particularly in the newer states. In some of the states, including a
number of the original thirteen and other older states, judges of appellate courts and courts of general jurisdiction
are selected by legislatures or governors or by co-operation between governors and legislatures or senates. The
other states resort to election by the people, in more than one half the states on a partisan ballot. The latest method
is generally regarded as defective as it involves the judiciary in politics and often fails to result result in the best
selection of the personnel.
Tenure varies greatly from state to state and from court to court. The term is usually shortest in the lower
courts and longest in those of higher rank. In a few states (Maryland, Pennsylvania, Massachusetts, New
HampshireL judges of the higher courts have long terms that often are tantamount to life tenure. Removal of a
judge before the expiration of a term is difficult. The machinery of impeachment is available, but is cumbersome
and hard to use. A few states authorize removal by the governor on address of both houses of the legislature
without resorting to impeachment procedure.

47
 Complexities of procedure have embarrassed the states, as well as the Federal Government. In the middle of
the 19-th century, a movement was started for the codification of the procedure with the elimination of the
unnecessary technicalities. It was carried forward under the leadership of David Field, of New York, and spread to
many other states. A similar movement was started for the codification of the substantive law. Codes were adopted
in a number of states and have been satisfactory in part, but they have never entirely fulfilled their intended
purpose. More recently, the American Law Institute has attempted to achieve simplification by a restatement of
law in the several fields.
Although there is no complete separation of powers in any state or in the Federal Government, the several
judiciaries have maintained their strength against legislative and executive departments.
There has been little interFerence with the personnel on the bench, once the personnel have been chosen.
There has been little interference with the work of the courts through the alteration of their jurisdiction. On the
other hand, the courts have strengthened their position down through the years by resort to judicial review, making
themselves final authorities as to the meaning of state and Federal Constitutions. By keeping their interpretations
in harmony with conservative sentiments of the times they maintained a prestige which has given added authority
to their interpretations. There have been popular outbursts against particular courts at particular times, but seldom
against the courts as institutions.

Adapted from 'The Concise Dictionary of American History"

48
 THE BRITISH PARLIAMENT

The Parliament is the legislative body in any country's political system. In Britain, the Parliament consists
of two Houses: the House of Lords and the House of Commons.
The House of Lords is the highest Court of Appeal in Britain and it is lead by the Lord Chancellor, who is
also the head of the judiciary. The House of Commons is lead by the Speaker, who has the role of announcing the
members of parliament who want to make a speech with the phrase: "I call upon the honourable member for ... ",
naming the constituency for which the man is a member.
The number of parliamentary constituencies in Britain is 640 and each of these contains between 60.000
and 100.000 electors. People are allowed to vote in Britain over the age of 18.
The job of the members of Parliament in Britain is to take care of the general running of the country as a
whole. A member of Parliament (M.P.) is also directly responsible to his constituents, who are usually helped by
them in problems of bureaucracy and injustice at a local government or even at ministerial level. The link between
the member of Parliament and his constituents is very close, meaning that a well-liked candidate from the area may
take away votes from his opponent, even though the latter belongs to the party which has the greatest support. This
situation is even more relevant at the by-elections, caused by the resignation or death of a member, than in the case
of general elections, where everybody wants his party to win as many seats as possible, so that it might form the
basis of the next government.
The general elections in Britain are held every five years, except the cases when the Prime Minister wants
to make the elections sooner.
The main role of the Parliament is to make laws and this is done in the following way: the Government and
the opposition send bills before the Houses of Parliament, which debate them and reach a decision, in favour or
against that bill. Usually, the bill is improved by the Houses of Parliament and passed on to the Queen. The bill
only becomes a law when the Queen agrees on it and gives the Royal Assent to it.
In Britain, the members of Parliament have also posts in the Government and in various departments and
Ministries. So, they also have the power in the administration of the country, besides that of making and approving
laws in the Parliament. The most important one is the Cabinet, which is a committee of advice for the British
Prime Minister.
The Parliament is also the place where the administration can be criticised, or the Government policies can
be challenged. The ministries can be asked embarrassing questions by the opposition, about specific shortcomings
or injustices. This is called a motion of censure on Government.
The Parliament has always been described as "the finest debating club in the world", because it is flexible at
allowing time for discussions of immediately important issues, but it is obvious that it is much more than that.

BASIC VOCABULARY
Parliament = counsel forming with the Sovereign the supreme legislative of the United Kingdom, consisting
of House of lords and House of Commons
judiciary = the judges of a state collectively
chairman = person chosen fo preside meeting, permanent president of a committee
Court of Appeal = courf hearing cases previously tried in inferior courts
government = 1. the state as an administration or ministry; 2. body or successive bodies of persons
governing a state
Cabinet = 1. council room of inner circle of ministers controlling Government policy; 2. those ministers
collectively
shadow cabinet = formed by opposition leaders from prospective hold-the oppositioners of portfolios
the opposition = parliamentary party opposed to that in office
to elect = to choose a person by vote
general elections choosing, especially by vote of representatives,
by-elections = choosing of M.P. to fill vacancy
elector = one who has right of election
constituent member of a constituency
constituency = body of voters who elect a representative M.P.
appointment = naming somebody in a certain position
resignation = giving up a job, to retire, to concel
bill = draft of proposed Act of Parliament
bureaucracy = officialism
Royal Assent = sanction to sovereign to bill passed by Parliament
issue = point in question between contending parties in action
shortcoming = defect, imperfection

49
 speaker = president officer in House of Commons charged with preservation of order and having casting
vote in case of equal division, similar officer in US' House of Representative
Lord Chancellor = lord presiding in House of lords and in Court of Appeal

SYNONYMS
constituency = electoral district
elector = voter
register of electors = electoral role
iniustice = unfairness
justice = fairness
to describe = to set forth in words
member = part

ANTONYMS
justice - injustice
appointment - resignation
to criticise - to praise
direct - indirect
over - under
highest - lowest
to ask - to answer

1. Answer the questions:

1. What is the British Parliament? The British Parliament is the legislative body of the country’s political
system.
2. What does it consist of? The British Parliament consists of two Houses: The House of Lords and The
House of Commons.
3. What is the Lord Chancellor? The Lord Chancellor is the head of the judiciary and he leads the House
of Lords.
4. What are the duties of the Speaker? The Speaker has the role of announcing the members of parliament
who want to make a speech, he also leads the House of Commons.
5. How many constituencies is Britain divided into? The Britain is divided into 640 constituencies and each
of these contains between 60.000-100.000 electors.
6. What are the duties of an M.P.? The M.P is responsible to his constituents, who are usually helped by
them in problems of bureaucracy and injustice at a local or at ministerial level.
7. How often are general elections held? The general elections are held every five years, except when the
Prime Minister wants to make the elections sooner.
8. When are by-elections called? The by-elections are called when a member resignes or dies.
9. Who has the right to bring bills before the House? The opposition send bills before the House of
Parliament, which debate them and reach a decision in favour or against the bill.
10. What are the stages the bill passes through? The bill is improved by the Houses of Parliament and
passed to the Queen. When the Queen agrees the bill it becomes a law.
11. When does a bill become a law? The bill becomes a law when the Queen agrees thebill.
12. Who is responsible for the administration of the country? The members of the Parliament have the
power in the administration of the country.

2. What do you call a person who:

a) is in charge of the House of lords- Lord Chancellor

b) calls upon M.P.-s who are eager to speak- The Speaker
c) is able to vote- the elector
d) is directly responsible to his constituents- M.P (member of Parliament)

3. What is the difference between:

the government - the opposition

The government is the body with the power to enforce laws/control a country while the oppositions is the
action of opposing or being in conflict.

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a general election - a by-election
The general elections are held after a fixed interval of time while the by-elections are held at any time
whenever necessary.
a bill - a law
The difference is that the bill is a proposed law that has not been approved yet, and a law has been
passed.

4. Explain the terms:

-legislative body- a person who make, amend or repeal laws

-constituency- a group of voters in a specified area who elect a representative to a legislative body
-opponent- someone who competes/ opposes another in a constest
-judiciary- the judicial authorities of a country, judges collectively

5. Fill in the blanks with the missing words:

a) The chairman of the House of Commons is called the .....Speaker... …….

b) Britain is divided into 640 parliamentary .... constituencies……. each containing between 60,000 and
100,000 ...electors.......
c) A candidate well-liked in the area may take votes from his ....opponent......
d) ......The general elections...........must be held every five years.
e) After the Queen gives the Royal Assent, the ...bill...... becomes .....law.... .
f) Both the ....Government..... and the .....opposition.... bring bills before the House of Commons.

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 THE PARLIAMENT DURING THE REIGN OF CHARLES I

Charles I, who inherited the financial diFficulties which started during his father's reign, James I, tried to
overcome them by summoning Parliament in three instances in order to vote new taxes and loans as well as the
levying of tonnage and poundage.
Charles, a weak monarch and politician, provoked and faced the op-. position of Parliament in the form of
Petition of Right denying him the right to levy taxes. The religious policy alike proved a matter of debate between
King and Parliament.
In 1640, Charles, finding no other way to raise funds, called the Parliament, but when it met, the Commons
refused to grant supplies until the King has abandoned all his parliamentary devices for raising money. After three
weeks it was dissolved to be called again.
The Long Parliament unaware of the revolutionary meaning of the decisions declared illegal all the
financial devices of Charles and abolished most of Tudor's machinery which had been built to control state and
church. The Parliament started to impose its own conditions as far as to demand a reform of the church in a Puritan
direction. Moreover, the Parliament took the right of appointing the lord lieutenant who controlled the militia.
The King gathered support from among the cavaliers and heads of leading families. The ensuing Civil
Wars, one from 1642 to 1646, the second from 1646 to 1651, divided the country into two camps on religious
grounds, the Puritans siding with Parliament, the Catholics helping the King. The main support for Parliament
came from the commercial classes and the fleet which dealt CI heavy blow to royalty.
During the clashes, the personality of Oliver Cromwell decided the fate of the battles at Marston Moor
(1644) and at Naseby (1645) with the help of the New Model Army.
The army's demands that Charles should be executed were not unanimously accepted to the trial which was
held in Westminster Hall, on January 3D, 1649; Charles was led forth to his execution outside the Royal Palace,
which put an end to one of the most violent conflicts between an English King and Parliament, between two
religious forces.

Adapted from "British Life and Civilization" by Livia Deac, Adrian Nicolescu

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 THE COMMERCIAL LAW

The commercial law consists of the totality of the juridical standards regarding the interposing and the
circulation of the merchandise, from the producers to the consumers. It consists of all the operations of producing
the goods by transforming the raw materials into more valuable products, activity developed by the makers.
From the juridical point of view, the commercial law establishes not only the production (the industry), but
also the circulation (distribution) of the wares.

The Antiquity
In ancient times, the first manifestations of exchange appeared at the same time with the emerging of the
idea of property. In order to satisfy the existential necessities, people started to exchange their products between
themselves. This way appeared the barter, a primitive form of exchange.
The continuous increase of the peoples' needs and the magnifying of their relationships determined certain
forms of organization, in which they assured the conditions for a great number of people to meet in certain periods
of time and in places already established. This way appeared the markets. The Greeks were the first who
established rules regarding traders' activity. In the good years of Rome, there were juridical institutions, some of
them consisting of the basis of the commerce by representatives ('actio institoria' and 'actio exercitoria').

The Middle Ages

In this period of time, the collapse of the Roman Empire determined the division of the political power and
instead of a uniform law, there appeared the speciffic law for the different state that resulted. In order to defend
their rights, the tradesmen had begun to organize themselves in corporations ('universitaria'), which gradually
obtained the administrative, juridical and even legislative aUtonomy. A corporation consisted of all the
commercial men and handicraftsmen from the same field and the leader was a consul, helped around by
councillors. The consul issued internal standards, based on customs, in order to solve the litigations between the
members of a corporation.
There was a law of the markets with regulations for all the participants, no matter of their origin and a
special procedure of solving the litigation between merchants.

The Modern Period

It was the period when the written law of commerce appeared. The first country that passed from the
common-law to the written law for the whole territory was France, starting with Carol IX's edict in 1563. In 1807,
the French Commercial Code was adopted; for the first time the dualism of the private law (civil and commercial
law) was considered legal.
By the influence of the French Revolution, a great number of countries (Italy, Holland, Spain, Brazil,
Belgium, Egypt) took over the French Commercial Code as their own. This Code was the model that helped at the
drawing uo of the Romanian Commercial Code, in 1887.
In England and the United States, the common·law is used, establishing rules both for commercial men and
non-commercial men.

BASIC VOCABULARY. IDIOMS

commerce = exchange of merchandise

merchandise = commodities for commerce, goods for sale, wares
producer = one who produces articles of consumption
product = thing produced by natural process or manufacture
consumer = user of an article
consumer’s goods = things which directly satisfy human wants or desires (e.g. food or clothing)
circulation = transmission, distribution (of things, news, coins, books)
Antiquity = ancientness, old times, time before Middle Ages, ancient times
exchange = act, process of exchanging (of goods, prisoners of war, words)
to exchange = to give, to receive (one thing) in place for another; to interchange; to be received as
equivalent for
to satisfy = 1. to meet the desires or expectations of, to come up to; 2. to give satisfaction, to leave nothing
to be desired; 3. to be content or pleased with; 4. to demand no more than, to consider enough to do
necessity = constraint or compulsion regarded as a law prevailing through the material universe and
governing all human action, needs
barter = exchange of goods or immaterial things for other goods
to assure = to make certain, to ensure the happening of, to ensure, to secure, to make safe

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 trader = dealer, commercial man, tradesman, merchant
autonomy = right of self-government, personal freedom, freedom of the will (in Kantian doctrine), a self
governing community
handicraft = manual skill, art or trade or occupation
handicraftsman = man skilled in a handicraft
corporation = united body of persons, especially by one authorized to work as an individual
statute = 1. a written low of a legislative body; 2. ordinance of a corporation, founder, intended to be
permanent
origin = derivation, beginning of rising from something, person's extraction, source, starting point, birth,
descent
edict = order proclaimed by authority, decree

SYNONYMS
merchandise = commodities
antiquity = ancientness
circulation = distribution
needs = necessities
barter = truck
magnifying = amplification
to assure = to ensure
to issue = to emit

ANTONYMS
producer - consumer
this - that
these - those
to receive - to send
the first - the last
existential - non-existential
commercial - non-commercial

1. Answer the questions:

1. What is the commercial law? The commercial law consists of the totality of the juridical standards
regarding the interposing and the circulation of the merchandise from the producers to consumers.
2. How did the commercial law appear in the ancient times? In ancient times, people started to exchange
their products between themselves, this was the first manifestation of the commerce, then the Greeks were
the first who establish rules regarding traders’ activity. Later, the Romans had juridical insitutions for the
commerce.
3. Which were the first organizations of the tradesmen in the Middle Ages? The first organizations of
tradesmen were observed during the Roman period when the tradesmen had begun to organize themselves
in corporations.
4. When and where was the first Commercial Code adopted? The first Commercial Code was adopted in
France in 1807.
5. Is there any difference between the Commercial Codes of the states? Yes, in the US and England the
common law is used, establishing rules both for commercial men and non-commercial men.

2. Fill in the blanks with the missing words:

a) The commercial law establishes not only the, ...production. …., but also the ....circulation (distribution).
…of the goods.
b) A primitive form of exchange was the ……barter…..
c) The……Greeks….. were the first who established rules for traders.
d) In the Middle Ages the traders had begun to organize themselves in ... …corporations……having
a ...consul...... as leader, helped around by ..councellors ...........
e) The French Commercial Code was adopted in …1807..
f) In England and the United States, the …common………. law is used.

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 3. Explain the terms 'producer' and 'consumer'; what is the difference between them?
The difference between a producer and a consumer is the following: a producer is a person responsible for
the financial/ managerial tasks while a consumer is the person who utilizes the economic goods.

4. Use at least two synonyms for the following words in sentences of your own:

- merchandise- goods for sale, product - trader- dealer, merchant

- distribution – allocation, delivery - descent- plunge, slide
- ancientness- antiquity - to ensure- guarantee, assure
- to satisfy- to please, to entertain
They had shoplifted thousands of dollars' worth of merchandise.
There are huge inequalities in the distribution of research funding.
We have talked about the difference between ancientness and moderness in painting.
They should satisfy their clients with good prices and discounts.
The company is an international trader in textiles.
The law obliges companies to pay decent wages to their employees.
You must ensure that the information that you provide is correct and true.

TYPES OF TRADE

Wholesale Trade
The wholesaler is an intermediary between the producer and the retailer. His main functions are:
- the breaking of bulk, that is buying in large quantities from the producer and selling in smaller quantities
to the retailer;
- warehousing, that is holding stocks to meet fluctuations of demand;
- helping to finance distribution by allowing credits to retailers, although paying his own suppliers
promptly;
- sometimes preparing a commodity for sale by grading, packing and branding the goods.
Since wholesaling is an essential part of the work of distribution, the elimination of the wholesaler simply
means that the work of wholesaling must be undertaken by someone else -the manufacturer or the retailer. Large
scale retailers generally buy directly from the manufacturers, but in the case of the multiple shop organizations this
merely means that they themselves must then undertake the business of warehousing and distribution of their stock
to their branches. Manufacturers of many brandy goods, too, prefer to undertake the distribution of their products
to retailers to ensure that they reach the maximum number of retail outlets.

Retail Trade
Increased division of labour and an expanding rage of consumer's goods have led to a great expansion of
the retail trade, which forms the final stage of distribution - the selling of goods to the people who actually wish to
use them. The most common retail outlet is the shop. In addition, there are street traders, peddlers, hawkers,
market smallholders and the expanding mail-order business. Most shops are small, but an increasing proportion of
retailing is in the hands of large-scale retailers -department stores, multiple shops and societies. A recent
development has been the establishment of supermarkets and self-service stores. The main service of the retailer is
to ensure that the consumers are offered the things in the form and the quantities they want. He should therefore
carry a varied stock. Hire purchase has brought about a large increase in the sale of the more expansive durable
consumers' goods.

Auction
When a commodity is sold by auction, prospective buyers make bids, the commodity being sold to the
person making the highest bid. This is the usual method of sale on organized commodity markets or produce
exchanges, as those for wool, tea or fish, where the commodity cannot easily be graded. The bids of the buyers are
influenced by their own personal estimation of the quality of the commodity offered for sale. Commodities that
can be fairly accurately graded, such as wheat and cotton, are more usually sold by private treaty. Auctions are not
so common at the retail stage, though rare consumers' goods, such as work of art and antiques, are frequently sold
by auction. Valuable paintings, jewelry and antiques are sold at well-known auctions.

Essential Elements of a Sales Contract

A contract is a mutual bilateral transaction, establishing, modifying or making cease the right and
obligations to it.

55
 As a rule, the object of a sales-contract is the transfer of property over certain goods from the seller to the
buyer, for an amount of money, called the price.
Under a contract, the vendor is obliged to deliver the goods and transfer his ownership over them to the
buyer; the buyer is obliged to take delivery and pay For the goods he has received. The vendor has the right of
cashing the price of the goods he has delivered, the buyer -that of getting a merchandise of the quality and in the
quantity agreed upon, with concomitant observance of all other contract stipulations.
The essential elements of a contract are the following:
- number of the contract, place and date of conclusion, name of the parties and their legal address;
- denomination of the goods that form the object of the contract;
- quantity, quality;
- packing and marking;
- price;
- means and methods of payment;
- terms of delivery (place, time); reception;
- transport, insurance;
- contingencies; claims and penalties; arbitration; jurisdiction;
-other clauses (experimental operations, guarantees, technical documentation, taxes and customs duties,
amendments and cancellation);
- signatures.
The general conditions of sale are very often printed on the reverse side of the contract and form an integral
part thereof.

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 CRIMINAL PROCEEDINGS

Criminal law and criminal proceedings are concerned with wrongs regarded as committed by the individual
against society for which guilty individuals must be punished. In some circumstances, even companies can commit
criminal offences. As the objective of civil proceedings is to provide a remedy for the person wronged, usually in
the form of damages, the objective of criminal proceedings is to determine the guilt or innocence of the accused
person and, if that person is found to be guilty, to punish the wrongdoer and to protect the society.
Part of the purpose of the penalty is also seen as seeking to rehabilitate the wrongdoer. In criminal
proceedings a prosecutor, usually the police, institutes a prosecution against the defendant or accused person
(sometimes referred to as the accused). The outcome is a determination of guilt or innocence (by verdict if trial is
by jury). A finding that the accused person is not guilty is termed on acquittal. If the offence is proved, the court
imposes a sentence (usually a fine or a term of imprisonment) or makes some other order (such as a probation or
community service order).
In criminal proceedings the prosecutor almost invariably has the burden of proof, which is said to be
beyond all the reasonable doubt. The prosecutor must adduce admissible evidence to prove that there is no
reasonable doubt that the defendant committed the offence charged. This involves satisfying the tribunal of fact
(magistrates or iury) that every essential element of the offence is proved and that the acts of the defendant were
done with the requisite intent. When certain defences are raised, such as insanity, the defendant has the burden of
proof on the balance of probabilities. In other words, if insanity is raised as a defence, the prosecutor does not have
to prove beyond all reasonable doubt that the defendant was sane, but rather the defendant must prove that on the
balance of probabilities he or she is insane within the legal definition of that term.
The same set of facts may give rise to both civil and criminal proceedings. The most common example is
the motor accident where someone is injured because of a driver's bad driving. A civil action by the injured person
often follows as well as a prosecution for a driving offence. Another example of overlap might occur in the case of
persons who sell dishonesty goods, which tion of law or rule are in their possession for repair. Such action
amounts to breach of contrad (a civil wrong) or theft (a crime).
When both civil and criminal cases go on appeal, the terminology again changes. The party appealing is
called the appellant and the other party who responds to the appeal is called the respondent. Appeals serve a
variety of purposes and can be divided into those concerned with the merits of the decision under appeal and those
concerned with the legality of the process by which that decision was reached. A litigant is entitled not only to a
fair and proper decision on the merits, but also to a decision arrived at by due process of law.

BASIC VOCABULARY

aquittal = judicial deliverance from a criminal change on a verdict or finding of not guilly
to adduce = to bring forward in argument or as evidence
requisite = required or necessary for a particular purpose/ position; indispensable
intent = the state of a person's mind which directs his actions toward a specific object
insanity = such unsoundness of mind as affects legal responsibilily or capacity
to overlap = to coincide in port withto have in common with
appeal = 1. an application or proceeding for review for a higher tribunal; 2. a forward question as to the
correctness of a ruling by a presiding officer;
3. a formal charge or accusation
proceedings = 1. the instituting or carrying on of an action at law; 2. a legal step or measure
wrong = 1. not in accordance with what is morally right or good; 2. deviating from truth or fact, erroneous;
3. not correct in action, judgement, opinion, method; 4. an invasion of another's right, to this damage; a tort
wrongdoer = one who does wrong, especially a sinner or transgressor
wrongdoing = 1. behaviour or action that is wrong, evil or blameworthy; 2. an act that is wrong, evil
punishment = 1. act of punishing; 2. fact of being punished, as for an offence or fault; 3. a penalty inflicted
for an offence; 4. severe handling or treatment
to provide = to arrange for, to stipulate beforehand, as by a provision
damage = the estimated money equivalent for detriment or injury sustained

SYNONYMS
wrongdoing = misdeed
damage =mischief
to adduce = to bring into
requisite =needed
intent = intention

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insanity =dementia

ANTONYMS
damage - improvement
requisite - dispensable
insane - sane
appellant -respondent

1. Answer the questions:

1.What are the criminal low and criminal proceedings concerned with? Criminal law and criminal
proceedings sre concerned with wrongs regarded as commited by the individual against society for which
guilty individuals must be punished.
2.What is the objective of civil proceedings? The objective of civil proceedings is to provide a remedy for
the person wronged, in the form of damages.
3. What is the objective of criminal proceedings? The objective of criminal proceedings is to determine the
guilt or innocence of the accused person.
4. What is the schedule of a criminal case? The schedule of a criminal proceeding is the following: the
prosecutor has the burden of proof, also, the prosecutor must adduce admissible evidence to prove that there
is no reasonable doubt that defendant committed the offence charged.
5.What is the task of the prosecutor in criminal proceedings? The prosecutor must adduce admissible e
vidence to prove that there is no reasonable doubt that the defendant committed the offence charged.
6.Comment on insanity and the burden of proof. When certain defences are raised, such as insanity, the
defendant has the burden of proof on the balance of probabilities.
7. What happens when civil and criminal cases go on appeal? When civil and criminal cases go on appeal,
the terminology changes. The part appealing is called the appellant and the other party is the respondent.

2. Fill in the blanks with the missing words:

a) Even companies can commit ..criminal....... offences.

b) In criminal proceedings a prosecutor institutes a prosecution against a …defendant/ accused person
c) The ..outcome....... is a determination of guilt or innocence.
d) If the ...offence...... is proved, the court imposes a sentence.
e) The party ...appealing...... is called the appellant and the other party who responds to the appeal is
called the ...respondant.........
f) ...... Appeals... serve a variety of purposes.
g) A .....litigant............ is entitled to a decision arrived at by due process of law.

3. Make sentences of your own with the following words:

- individual The minister refused to comment on individual cases.

- to commit I am not sure that those men won’t commit crime again.
- wrongdoer It is very hard to find the wrongdoer.
- probation The judge sentenced James to four years’ probation.
- breach of contract Our lawyer advised us that the breach of contract is actionable.

4. Which of the following sentences are false and which are true? Correct the false ones:

a) The objective of criminal proceedings is to provide a remedy for the person wronged. TRUE
b) Another objective of criminal proceedings is to determine the guilt or innocence of the accused person.
TRUE
c) In criminal proceedings the prosecutor has the burden of proof. TRUE
d) When certain defences are raised, such as insanity, the plaintiff has the burden of proof or the balance of
the probabilities. FALSE (When certain defences are raised, such as insanity, the prosecutor doesn’t have
the burden of proof or the balance of the probabilities)
e) In a civil criminal cases, which go on appeal, the terminology doesn't change. FALSE (In civil criminal
cases, which go on appeal, the terminology does it change again)
f) A defendant is entitled to a fair and proper decision. FALSE (A litigant is entitled to a fair and proper
decision)

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 PLEADINGS
Pleadings are opened by the preparation on behalf of the plaintiff of the statement, or particulars, of claim.
This document is in practice drafted by the plaintiff's solicitor. The statement is a brief account of the material
facts upon which the plaintiff relies for the claim. It does not set out the evidence to be adduced in support of the
allegations and it contains no argument on the law. Again in practice the statement will be drafted by reference to a
standard form precedent for such claims; counsel will suck to leave open every avenue of attack against the
defendant.
Typical personal injury statements are divided in four parts:
- a statement of the date, time and place of the accident and the persons involved
- an allegation of negligence against the defendant following a ritual formula details of the injuries suffered
by the plaintiff and of any damage to the property of the plaintiff and of his actual loss of earnings
- a formal claim for damages
The plaintiff claiming personal injuries must also provide a medical report setting out the nature of the
injuries together with a schedule of special damages, to date and to estimate any future expenses and losses,
including earnings and possession rights, unless the court has given leave for these to be filed at a later date. If
there is any change in the plaintiff's medical condition requiring an additional medical report, a copy of that report
must be served on the defendant together with an up-dated schedule of special damages.
On receiving the statement, the defendant must formulate a strategy for response. If some part of the
statement of claim is unclear, further and better particulars of the claim can be requested. The Rules of the
Supreme Court provide that any allegation of fad is domed to be admitted unless it is specifically denied. If the
defendant does not file a defence, then the plaintiff can obtain judgement by default.

Adapted from "The Administration of Justice", by Robin C. White

59