ENGLEZA JURDIDCA EXERCITII

7/28/2019 ENGLEZA JURDIDCA EXERCITII

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CONTENTS1. 1. MAGISTRATES IN THE UNITED KINGDOMGRAMMAR: SEQUENCE OF TENSES ..2. POLICE POWERSGRAMMAR: MODAL VERBS I ..3. TRIBUNALSPASSIVE VOICE ..4. COMMON LAW

GRAMMAR: MODAL VERBS II 5. EQUITYGRAMMAR: REPORTED SPEECH 6. THE SOURCES OF THE ENGLISH LAWGRAMMAR: CONDITIONALS 7. THE BRITISH CONSTITUTIONGRAMMAR: UNCOUNTABLE NOUNS 8. THE ACTORS OF THE CONSTITUTIONGRAMMAR: RELATIVE PRONOUNS 9. LEGAL PROFESSIONSGRAMMAR: DETERMINERS .

10 EUROPEAN LAWGRAMMAR: GERUNND OR INFINITIVE? 11 JUDICIAL POWER IN THE UNITED STATESGRAMMAR: IRREGULAR COMPARISON OFADJECTIVES .12 LITIGATIONS AND ADJUSTMENTGRAMMAR: EXPRESSING FUTURE .3UNIT 1MAGISTRATES IN THE UNITED KINGDOMIn England and Wales there are two types ofmagistrates: lay magistrates1 known as

lay justices, who havethe title of justice of the peace, and stipendiary magistrates2.The former is a body of men and women which has been inexistence since thefourteenth century and is called on to passjudgement on their fellow citizens, withoutany real legaltraining. The latter is a body of lawyers, called upon3 to dosubstantiallythe same job, hich dates from the eighteenthcentury. They both exercise their powers in a less formal courtthan the other courts,known as Magistrates Courts, and dealwith more cases than any other English courtof law.The main job of the magistrates is to deal with4 civiland criminal cases which are too trivial to be tried by theCrown and County Courts.The courts consist of two to sevenunpaid lay magistrates, but in some citiesprofessionalmagistrates may sit alone. The Magistrates Courts of civiljurisdiction

have limited civil jurisdiction, mainly related todomestic proceedings5.In terms of their criminal jurisdiction theMagistratesCourtsdeal with something over 95% of all cases.The English legal system divides criminaloffences into threecategories:- summary offences6 is the category of minor crimessuch as minor assaults,begging, parking offences and lessminor crimes such as drinking and driving whichare triedwithout a jury;- indictable offences7 are more serious offences forwhich the police are given apower of arrest and which will betried by jury; murder, manslaughter8 and seriousfraud all


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come within this category;4- a number of offences called either way offenceswhich may or may not be tried bya jury at the request of thedefendant. The best example is theft9 which may involveeithervery small or very large amounts of money.The magistrates criminaljurisdiction is mainly limitedto summary and either way offences (where thedefendant mayelect not to have a jury trial). Anyway, magistrates have animportantrole to play in serious criminal proceedings. When aerson is charged with areindictable offence, magistrates sit asexamining justices to decide whether the

prosecutions case isstrong enough to warrant10

committing the accused for trial intheCrown Court. The procedure is known as committalproceedings. They also issuearrest and search warrants to thepolice.The civil jurisdiction of the magistrate is limited tominor matters includingmatrimonial and family matters andthe granting of licenses.Justices of the peace arechosen by the Lord Chancelloron the advice of Advisory Boards, that are concernedwithrecruiting magistrates from amongst the worthy members.Many justices of thepeace are chosen on the recommendationof an existing magistrate. It seems that others are chosen fortheir background involuntary work such as in churches oryouth organisations. They are not paid a salarybut receive

expenses incurred11 in the performance of their judicial duties.They are assisted byclerks to the justices, solicitors orbarristers of at least seven yearsstanding, whoperform theadministrative work of the court.Stipendiary magistrates are to be found in most ofthelarge towns and cities of England and Wales. They are fulltimemembers of the Courtchosen by the Queen on the adviceof the Lord Chancellor. They receive wages or astipend12and unlike lay magistrates they may sit alone.5VOCABULARY

1) lay magistrate = magistrat nesalariat2) stipendiary magistrate = magistrat salariat3) to call upon = a chema, a mobiliza4) to deal with = a se ocupa de, a trata despre5) domestic proceedings = procedur legat de jurisdiciaintern6) summary offence = infraciune judecat faa CuriiMagistrailor7) indictable offence = infraciune grav judecat laCrown Court cu juraii8) manslaughter = omucidere involuntar

9) theft = furt10) to warrant = a autoriza, a mandata11) to incur = a suporta, a asumaCOMPREHENSION CHECKI. Answer the following questions:a) How many types of magistrates are there in Englandand Wales?b) What do you mean by lay magistrates? What aboutstipendiary?c) Which is the main job of the magistrates?d) What sort of offences do they deal with?e) What does the magistrates criminal jurisdictionconsist in?f) What is the civil jurisdiction of the magistrate limitedto?


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g) Who are the justices of the peace?h) Do magistrates play any role in indictable offences?6II. Give the Romanian equivalents of the followingEnglish terms for different types of crimes:

drunken driving

kidnapping

indecency

assault arson

theft

bribery and corruption

armed robbery

rape

parking offenceIII. Match each of the terms on the left with thecorrect explanation on the right:

attempt

arson burglary

assault

criminaldamage bribery

extortion1) any physical attack on the personof another2) entry into any secured, dwellinghouse, building, warehouse, or anyother secured structure for thepurpose of committing a crime3) any offence involving

theobtaining of something of value usingfalse statements, false documents,counterfeitcurrency, or representingoneself as an official person.4) an action taken to commit thecriminal act intended without successor completion5) the deliberate destruction ordamage of anothers property by fire;this may include public property6) the use of force, fear or threat toinduce another to perform an action,not performan action, or to acquire athing of value from another.7) offering, giving or causing to beoffered or given to any official person7 fraud

offenceacting in an official capacity anythingof value with the intention to alter orinfluence the persons decisions oractions.8) the deliberate destruction ordamage of anothers property, not byfire.IV. Fill in the blanks with the missing words:A _______ magistrate, otherwise known as a _______of the _______ deals with _______and criminal cases that arenot serious enough to go as far as the Crown or CountyCourts.


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Unlike ______ magistrates, who receive a _______ and areallowed to sit ______, they canclaim only _______ that arisein the course of their _______ duties. Magistrates handle all______ offences as well as some _______ offences, wherethe defendant prefers a______ without ______ . They alsodecide which cases should be referred to the higher_____,during what is termed _________ proceedings.V. Translate into Romanian:The law of criminal procedure regulates the modes ofapprehending, charging and

trying suspected offenders; theimposition of penalties on convicted offenders; and themethods of challenging the legality of conviction afterjudgment is entered. Litigationin this area frequently dealswith conflicts of fundamental importance for theallocation ofpower between the state and its citizensWhen a criminal offence hasbeen reported, thecompetent authority commences the criminal processbyinvestigating the circumstances. In this phase, relevantevidence is collected and preserved for a possible trial. Thesuspect also has the rightto collect evidence in this favour.8VI. Translate into English:Nu exist nici o diferen de domeniu, natur i scoptre regula moral i cea juridic.

Regula moral ptrundedrept prin intermediul concepiilor etice ale legiuitorului saujudectorului sau, cel mai bun caz, rtcete la frontiereledreptului pentru a

ptrunde atunci cd se ivete prilejul.Obligaiile morale legiferate sunt:responsabilitateacivil, interzicerea bogirii fr just cauz, executareacontractelor, exercitareaneabuziv a drepturilor conferite delege. Cd legea nu mai e conform cu principiilemorale vacdea desuetudine.VII. Discussion:

What are the major differences between this systemand that of your country withregard, for example, to thehandling of criminal cases at first instance?

FOCUS ON GRAMMARSEQUENCE OF TENSES

In English, the tense of the verb in the subordinateclause is determined by the tenseof the verb in themain clause;

The dependent verb shows time in relation to the mainverb. This phenomenon isknown as SEQUENCE OFTENSESTIMERELATIONTENSE IN THE MAINCLAUSETENSE IN THE

DIRECT OBJECTCLAUSE9AT THESAME TIMEPRESENT TENSEHe saysPAST TENSEJohn knewPRESENT TENSE


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he doesnt knowthe truthPAST TENSEeverything was allrightEARLIER PRESENT TENSEI knowPRESENT TENSE

The studentsdont

rememberPAST TENSEThey didnt rememberPRESENTPERFECTyou have doneyour lessons.PAST TENSEwhat I taughtthemlast week.

PAST PERFECTwhat I had taughtthem the weekbefore.LATER PRESENT TENSEShe hopesPAST TENSEShe hopedFUTURE TENSEhe will come soon.FUTURE IN THE

PASThe would changethe subject.I. Change the main verb in each sentence to theSIMPLE PAST. Then changethe verb in the subordinateclause according to its time relation to the mainverb.a) Mr. Barton claims that he has spoken to those people.b) We know they are tired.c) Bill thinks his brother needs your help.d) I suppose Michael will finish the work next week.e) Edward thinks he won the first prize in thecompetition.10

f) We assume the meeting will be over around sixoclock.g) I remember that the the wind blew very hard theweek before last.h) She hears that Professor Johnson is writing anotherbook.i) We guess our friends havent heard the good newsyet.j) The message indicates Dr. Evans will be back fromBucharest next Saturday.II. Use past forms for these auxiliaries after a mainverb in the past:For CAN, use COULDFor MAY, use MIGHTFor MUST, use MUST OR HAD TOFor SHALL, WILL, use WOULD1. Richard regretted that he ________ (not) go with us.


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2. We are sure that Tom _______ help us with thehomework.3. I regret that we ________ leave now.4. Kate thought she __________ find someone toexplain everything to us.5. They didnt know that we ________ leave at once.6. Our friend had to promise Mike that we ________help him.

7. We regret that we ________ stay only fifteenminutes longer.8. Daniel said he ________ send the parcel the nextday.11III. Put the verbs in brackets into the right tense:

1) Yesterday grandpa (take) a nap from 2.00to 3.00. I .. (get) homeat 2.30. When I .. (come)in, grandpa . (sleep)

2) .2) Tom: I . (be) in your native town last month. It (look) like a nicetown. I (never, be) therebefore.

Ann: What .. (you, do) in that part of thecountry?

Tom: My sister and I .. (drive) to Braov to seeour grandparents3) Laura .. (start) to read a novel by MihailSadoveanu. She (not, finish) reading it yet. She (read) it because herRomanian teacher . (ask) her to.4) The weather .. (be) terrible lately. It ..(rain) off and on for two days andthe temperature ..(drop) at least twenty degrees. Just three days ago the sun. (shine) and the weather .. (be) pleasant.The weather certainly .. (change) quickly here. WhenI .. (wake) uptomorrow morning, maybe it (snow).5) Last night I .. (go) to a party. When I (get) there, the room . (be)full of people. Some of them. (dance) and other . (talk). One

youngwoman (stand) by herself. I .. (never, meet) her,so I .. (introduce) myself to her.IV. Translate into Englisha) Zburam de treizeci de minute cd mi-am dat seamac am plecat de acas fr s chid ferestrele.b) Toi s-au dus s vad filmul de dat ce profesorulle-a povestit romanul.12c) N-am putut face excursia deoarece ploua de trei dezile.d) Cd am ajuns la cinema, filmul cepuse de mult.e) Vztorul plecase deja acas cd am ajuns noi lamagazin.f) Ne plimbm de o jumtate de or cd ne-am tnitcu Frank.

g) M dusesem deja la culcare cd mi-am adus amintec nu am cuiat ua.h) Te vom atepta faa teatrului cd se va terminapiesa.i) Cd Mary va absolvi facultatea, va fi studiat aicipatru ani.j) Sandra spera c se va putea duce la plimbare cuMichael dac va terminalucrarea.k) Ce-ai mai fcut de cd nu ne-am mai vzut?l) Nici nu terminase de gtit c a i sosit soul ei.m) Se gdea c dac pleac imediat o s ajung acasainte de miezul nopii.n) Soarele a rsrit, dar bate un vt rece.13


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UNIT 2POLICE POWERSOver the past few years, the powers the police have tostop, question, arrest, searchand detain1 have undergone majorchanges in the United Kingdom. The two key piecesoflegislation in this field are the Police and Criminal EvidenceAct, sometimes referredto as PACE, and the Public OrderAct.Arrest means the loss of liberty, being subjecttorestraint2 as to ones movements. An arrest by the police willonly be lawful if the

arrested person is informed that he or sheis under arrest and told the grounds3

for thearrest.The police have the power to arrest a person without awarrant in four differentsets of circumstances:- If they suspect that an arrestable offence has beencommitted is being committed, or is about to be committed.- If they have a statutory4 power of arrest (moststatutory powers of arrest without warrant were repealed5 bythe Act).- If one of the general arrest conditions is satisfied.- If they wish to fingerprint a convicted person.An arrestable offence is one which carries a sentenceof at least five years

imprisonment. This includes murder,burglary, theft, criminal damage, rape, andunlawful possessionof drugs. The Act also extends arrestable offences to include,for example, taking amotor vehicle, going equipped for theft,indecent assault on a female, corruption andsmuggling6.Specific serious arrestable offences are treason, murder,manslaughter, rape,kidnapping, incest with a girl under the agebuggery7 with a boy under the age of 16,and indecent assaultwhich constitutes gross indecency.In the case of serious arrestable offences the policehave the power to: set up road blocks; search for evidence;14detain a suspect for more than 24 hours and up to a maximumof 96 hours without

charge; hold a suspect incommunicado8and deny access to a solicitor for 36 hours (ajuvenile is stillentitled9 to have an appropriate adult informed of thedetention); take non-intimatesamples without the suspectsconsent (eg. hair).The statutory powers of arrestfor certain offencesinclude:- offences under the Public Order Act 1986;- some offences under the Prevention of Terrorism Act;- trespass10 under the Criminal Law Act 1977;- offences under the Immigration Act 1971.The general arrest conditions give the police the powerto arrest for offenceswhich are not automatically arrestable. Ifthere are reasonable grounds for suspecting

a person, the policemay arrest him or her if any one of the following conditionsapplies:- the suspects name is not known and can not be foundout;- the given name is believed to be false;- the suspect has failed to supply an address or has notsupplied an address which issatisfactory for serving asummons11.- it is believed that arrest is necessary to prevent theperson causing injury to self orothers, suffering injury, causingloss or damage to property, committing an offenceagainst


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public decency, unlawful obstruction of the highway, or toprotect a child or othervulnerable person from the suspect.A person can be arrested for fingerprinting ifthefollowing conditions apply: the person has been convicted of a recordable offence,that is, one defined inregulations; the person was never in police detention for theoffence and fingerprints were nottaken; within one month of conviction the person was asked

to go to a police station to be fingerprinted and had not done sowithin seven days.The police in all investigations should maintain aschedule12 of all material, meaningnot only documents, bualso articles and information, including material heldoncomputer. A list of items which are expected to be included inthe schedule shouldconsist in:

interview notes and audio-visual tape recordings;

draft13 witness statements;

statements taken from potential witnesses;

crime reports;

custody records and associated documents;

other documents or other material containing adescription of the suspect; any other material of information which the policeofficer considers to be relevant and helpful.VOCABULARY1) to detain = a reine ( arest)2) restraint = restricie, limitare, constrgere3) ground = temei, motiv4) statutory = statutar, reglementar; stabilit prin lege, legal5) to repeal = a revoca, a abroga, a anula6) smuggling = activitate de contraband

7) buggery = sodomie8) incommunicado = privat de posibilitatea de comunicarecu semenii9) to entitle = a da dreptul la, a dritui10) trespass = clcare, violare; braconaj11) summons = citaie pentru a comprea tribunal;mandat de aducere12) schedule = program; inventar; anex la un regulament1613) draft = plan; proiect; schiCOMPREHENSION CHECK

I. Answer the following questions:a) When can an arrest be considered lawful?b) What do you mean by an arrestable offence?c) What can the police do in the case of seriousarrestable offences?d) Is there any difference between murder andmanslaughter?e) Can you explain what powers do the police have withregard to the detention of aperson suspected of havingcommitted a serious arrestable offence?f) What is the difference between burglary and theft?g) When can a person be arrested for fingerprinting?h) What is the difference between being charged andbeing convicted?


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II. Give the Romanian equivalents of the followingEnglish terms for differenttypes of punishments:

imprisonment

probation

fine

community serviceorder corporal punishment

suspended sentence life imprisonment

capital punishmentIII. Choose the best word to complete the followingsentences, making anynecessary changes:accused, requirement, juror, unconditionally, mistrial,17incapable, misinterpretation, promises1) If the words of a contract are not clear and precise,there is a danger of __________by one or both of the parties.2) The offeree was pleased to accept the excelent offer______________3) The hearing was declared a ___________ becausethe court didnt have jurisdiction

over the offence.4) Ms. Grants application for shares was not acceptedon the grounds that she didntfulfil the _________ of residencein the U. K.5) The 12 _________ were not able to reach aunanimous decision.6) The defendant said that he would give the car to hiscousin for nothing. Inconsideration his cousin, the _________,was responsible for the transport of the car.7) A child is considered legally _________ ofcommitting a crime.IV. Look at the list of legal terms (1-8) and theirdefinitions (A-H). Match each term with its definition.1. illegal weaponpossession

2. kidnapping3. murder4. rapeA. an incident involving the manufacture,processing, packing, possession,transportation, sale or receiving of anyregulated drug or pharmaceutical product.B. entering onto or remaining on theproperty of another without permission orafterbeing advised to leave.C. the unauthorised taking of money,goods, property or services by a person orby adevice, installed or initiated by aperson.D. the possession of any wepon that isillegal, or any weapon in an illegal18

5. robbery6. theft7. drug dealing orpossession8. trespassingmanner.E. the taking of the life of one human byanother human; fatal traffic accidents willnot be included.F. the use of force, fear or threat toillegally detain or deprive a person ofher/hisliberty.G. sexual intercourse against the will ofone of the parties


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H. the use of force, fear or threat to takethe property of another from a personinpossession or control of the property.V. Translate into Romanian:A trial is conducted most frequently in the followingmanner. The attorneys for plaintiffand the defendant makeopening statements to the jury, outlining what eachconceivesto be the nature of the case and what each hopes to prove as thetrial proceeds. Next,the attorney for the plaintiff presents hiscase by calling witnesses, questioning them,

and permittingthem to be cross-examined by the attorney for the defence;when the former hasconcluded his presentation, the latterfrequently will ask for a dismissal of the suit forfailure ofplaintiff to establish aprima facie case (that is, a case sufficientuntil contradicted byevidence); if this is unsuccessful, he willcall and examine witnesses in order toestablish his defences,and these witnesses are subject to cross-examination by theplaintiffs attorney. Theattorneys for each side then make aclosing argument to the jury, putting the evidencepresented ina light most favourable to their respective clients.

VI. Translate the following sentences into English:1) El este bnuit de poliie c face trafic cu droguri.192) Puterile poliiei fac momentul de fa obiectul anenumrate schimbri.3) Incendierea scopuri criminale este considerat oinfraciune la fel de grav ca ifurtul.4) Textele privitoare la arestrile fr mandat urmeaz afi modificate.5) Poliia va interoga pe suspect mne diminea.6) De fiecare dat cd i se pune o trebare, se face cn-a auzit i n-a vzut nimic.7) Acest inspector este venic pe cale s cearpercheziiile la domiciliu chiar i cd nueste necesar.

8)n Anglia, amprentele digitale se iau la comisariat.9) Violul este delict care atrage o pedeaps de cel puincinci ani.

10) Cifra cretere a delictelor penale Romiacepe s grijoreze autoritile.VII. Discussion/Essay:

How do police powers of arrest without warrant aspresented in the text comparewith those available to police inRomania?FOCUS ON GRAMMARMODAL VERBScan ; couldcan expresses something possible:Our factory can produce 800 cars a month.

Visas can be difficultto obtain sometimescould expresses possibility (ability) in the past:20We could understandmost of what he said.I could speakFrench quite well when I was atschool.can not or could not express somethingimpossible:You cant getto London on time, there is a strike.You couldntgo on trips abroad ten years ago.


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could + have + past participle expressesunfilled opportunity:I could have bookedan earlier flight, but it left at 7a. m.couldnt + have + past participle expresses apast impossibility:He couldnt have hadany engine trouble.II. Fill in the blanks with can, couldor be able to.

Sometimes you have more than one possibility:a) Whenever Susan learns the lesson, she ________give very good answers.b) He ___________ be at home now.c) They took his passport so that he _________ leavethe country.d) We have been looking for John for two hours, but we__________ not find him.e) _________ you tell me the entire Commercial Code?I ________ when I was at school but I _________ not now.f) _________ I speak to Mr. Perkins, please?g) He was very strong; he ___________ work all dayand study all night.h) Your brother _________ play the piano well.i) The police were suspicious at first but I _________

convince them that they were innocent.21II. Fill in the banks with CAN(T)/COULD(NT) +the right infinitive form of the verb:1) Im afraid I . (help) you at the moment.2) The negotiations broke down because we ..(agree) on the price.3) Mother, you (cook) a better meal,everything is delicious.4) Dont light a match in this chemical factory. It (cause) an explosion.5) He (hear) the news on the radiobecause be was sleeping then.6) No one (do) without water.7) He (solve) the first problem, but thesecond one was quite a puzzle tohim.

8) Im sorry I (come) to your talk9) He (ski) really well when be was inhis twenties, but now be is out ofpractice.10) What (you, do) with the money ifyou hadnt bought yourself a newwatch?III. Rewrite the following sentences using could orcould not:1) Ten years ago it wasnt possible to have hard currency on you.2) She drove a car with the brakes out of order. An3) It was very difficult to buy a suitable office at areasonable price, that is why wepreferred to rent one.4) She was able to speak Spanish after only threemonths on the training course.

5) From our hotel room, it was possible to see MontBlanc.226) Although we tried hard, it was impossible for ourcompany to get that contractsigned.7) He didnt manage to understand what she meant.8) It wasnt possible for us to lock the door yesterdaymorning; we had lost our keys.IV. Translate into English:1) Nu se poate ca el s fi acceptat s vd casa.2) John avea 12 ani cd a izbucbit rzboiul. El nu ar fiputut s fie armat.3) Mi-a spus c s-ar putea s tzie.4) Peter nu a putut s scrie eseul singur, aa c a rugat-ope sora lui s-l ajute.


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5) Nu te duce acum la ei, s-ar putea s fie la mas.6) Am vzut-o pe Sarah asear la concert, dar nu m-arecunoscut. Nu se poate s fifost Sarah, pentru c este spitalde dou sptmi.7) Presupun c a putea s fac munca asta dac ar finecesar.8) Trebuie s pleci? Nu mai poi s stai puin?9) Din fericire, am putut s-mi fac muli prieteni decd am venit acest ora.10) E posibil s refuze s te ajute astfel deprejurri?11) Am putut iei grdin dup ce a stat ploaia.

12) Sandra a spus c o s-i poat gsi o cas dac noi os-o ajutm.23UNIT 3TRIBUNALSIn the English judicial system two different types ofinstitutions have been set up1 toresolve legal problems: courtsand tribunals. The distinction between the two isdifficult tomake because there is no precise definition of these terms. Theword tribunalmeaning any judicial assembly2 is widely used.This use of the word would include thecourts.There is a narrower use of the word, however, which isof greater interest to the law

students. These institutions fallinto two, large categories: Domestic tribunals are non state organizationsset up as part of thedisciplinary procedures of professional orsporting organizations; Administrative tribunals are bodies set up by thestate in order to performjudicial functions as part of theadministration of some government scheme.A Council on Tribunals was initiated as a consultativeand advisory body. Its main taskis to advise governmentdepartments in setting up administrative tribunals and toreviewthe construction and working of these institutions. The Councilhas at present almostfifty tribunals under its jurisdiction:

the Rent3Tribunals which settle disputes betweenlandlords and tenants;

the Education Appeals Committees which hearappeals against the allocation ofschool places by localeducation authorities;

the Industrial Tribunals which settle the problemswhich may arise between employerand employee, such asredundancy payment disputes, questions of unfair dismissaland the problem of equal pay.The thorny question is whether these tribunals haveonly an administrative role or ifthey also have an adjudicative524role. However government departments have a generalinfluence over decisionmaking, so administrative tribunalsmay not be regarded as pure court substitutes.Another questionis whether the tribunals should make law. The answer is no,only the decisions of thecourts of law may be regarded asbinding law. In practice, tribunals have a strongtendency tofollow their previous decisions and these decisions areregularlyreported.Essentially, the tribunals have been set up to relieve6 theover-burdenedcourt system of work which may be dealt within a less formal way by experts in the particular field. Solicitorsand barristers arebeing appointed as chairmen of the tribunalsand their work is growing as the publicbecomes more aware ofthem. It this way tribunals provide a speedier and more expertalternative to the courtsystem.VOCABULARY


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1) to set up = a fiina2) assembly = adunare3) rent = chirie, chiriere; rent4) tenant = arenda; chiria, locatar5) adjudicative = de adjudecare6) to relieve = a uura, a eliberaCOMPREHENSION CHECKI. Answer the following questions:

1) What do you mean by a tribunal?2) What kind of organizations are the domestictribunals?3) What are the functions of the administrativetribunals?254) Which is the main task of the Council on Tribunals?5) How many kinds of tribunals are there under theCouncils jurisdiction? Speak aboutthem.6) Why have the tribunals been set up?7) Who are appointed as chairmen of the tribunals?II. Give the meaning of the following words. Write asentence with each ofthem:

barrister solicitor

counsel

judge

prosecutor

notary

to take oath

to outlook

attorney general

litigious advocacy

III. Match each term on the left with the correctexplanation on the right:1. forged currency2. obstruct justice3. disturbingpublic order4. harassment5. illegalwoodcutting6. customs offenceA. any assault committed with a weapon,or which results in grievous injury tothevictim..

B. the creation, possession or distributionof any false, forged or alteredofficialdocument of any country or governmentagency.C. the cutting of wood without the properpermit or with a forged or altered permit.D. the creation, possession of any false,forged or altered currency of any country.E. delay, hinder or obstruct a laweuforcement official by physical act,subterfuge orstatement in the executionof their official duties.F. words, gestures or actions that placeanother in fear or apprehension of death,267. counterfeiteddocuments


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8. grievous assaultinjury, damage to property, or interferewith the right of a person totravel freelyor be secure from harm.G. any act which does or is likely tocause a breach of peace or public orderH. any offence involving thetransportation or possession of goods,with the intent tocross, or having crossedthe border or boundary of a province orof a country.IV. Fill in with a preposition from the list below:upon, on, by, at, of, in, over,to, under, against, with, for

a) The drunken driver was put ________ arrest.b) Offences _________ the person include murder andrape.c) The criminal is to tried ________ manslaughter.d) The suspect was held ________ custody before beingrelased _________ bail.e) The Court of Kings Bench had first instancejurisdiction _______ all wrongs.f) A good lawyer must know which rules apply both_________ common law and_________ equity.g) When a barrister is admitted to the profession, wesay that be is called _________ thebar.h) _________ common law a mistake only prevents theformation of a contract if it is afundamental mistake of fact.

i) _________ the winding up of a firm a liquidator isappointed.j) The judges used to sit __________ the Assizes.27V. Translate into English:1) n ultimii cinsprezece ani s-au efectuat multe reformejuridice.2) n iunie 1998 guvernul a supus la vot 12 proiecte delege cu privire la educaie.3) n anii 60 comisia parlamentar a tocmit un raportasupra sistemului tribunalelor.4) Avocaii joac un rol important societatea actual.5) n 1875 sistemul juridic englez s-a schimbat i au

fost abolite common injunctions.

6) Trebuie totui s remarcm c numai o parte a uneijudeci este luat

considerare.7) Nu exist dec trei circumstane care se poateface abatere de la judecileprecedente.8) Pe parcursul acestui text: s-au ridicat multe problemejuridice.9) ntr-adevr, legea englez se bazeaz pe principiul destare decisis (ceea ce afost decis ainte trebuie respectat).10) Judectorul a fost constrs s-i pronune verdictuldup modelul unui caz carefusese deja judecat.VI. Fill in the table below, using a dictionary ifnecessary:

verb nouncompensationto settleto foreseeapplicationto dismisssolutionto allegeapprovalto injure28


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to allowVII. Translate into Romanian:Most Bills (Acts of Parliament) are measures relating topublic policy. The greatmajority of these are governmentmeasures introduced by a Minister, but certain daysare setaside for debating Private Members Bills (public Billsintroduced by members of theHouse not holding office in theGovernment). In addition, some private Bills relatingsolely to

matters of individual corporate or local interest are promoted ineach session bypersons or bodies outside Parliament.Bills may be introduced by either House unlesstheydeal with finance or representation (when they are introducedin the Commons).Those that pass through all the necessarystages in both Houses receive Royal Assentand become law asActs of Parliament. The House of Lords may not alter afinancialmeasure, nor may it delay for longer than one yearany Bill passed by the Commons in two successive sessions.VIII. Comment on the following proverbs:A good judge conceives quickly, judges slowly.A fault confessed is half redressed.FOCUS ON GRAMMAR

PASSIVE VOICETo make the passive we have to use a form of theverb to be and apast participle.ACTIVE PASIVEThe government raisedinterest rates by 1%Interest rates were raised by1% .29Our supplier is shipping thegoods next weekThe goods are being shippednext weekWe can arrange a loan withinsix days

A loan can be arrangedwithin six daysSometimes, the doer of the action is not mentioned.It might be: unimportant, clear from the situation or unknown.Instead, the important information is either the actions or thethings affected by the action:A very large proportion of world oil is generatedin theMiddle East.These incentives will be offeredto retail investors inEU countries who make anearly subscription.Have/get something done:When a professional person, a technician or anaccountant, does some work for us,we can use have/getsomething done:

We hadour offices redecoratedlast year.You must have your computers checkedfor viruses.We gotthe contract checkedby our lawyers.I. Put the following sentences into the Passive:1) They have chosen the new design.2) We cannot ship your order until we receive payment.3) They will not finish the project by the end of themonth.4) We are spending more than a million dollars onadvertising this year.5) Somebody damaged the goods in transit.306) They have closed fifty retail outlets over the lastyear.


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7) The Accounts Department may not authorise thispayment.8) One of our best young designers created this line.9) Our department has discovered a promising newdrug.10) He was asking me some difficult questions.II. Offer explanations or reasons for the following.Use the passive voice:eg: Mother looks happy.She has (just) been offeredflowers.

1) I cant drive my car today.2) There was a long queue in front of the box-officeyesterday.3) When Mr. Johnson returns to his native town nextyear, be will not recognize it.4) Alice has got a perfect score on her test.5) Jane likes going to parties.6) When the seven dwarfs returned home they werevery surprised.7) The letters were very urgent but nobody posted themyesterday.8) Jenny is feeling better today.III. Change into the Active Voice:a) A course in Civil Law is delivered once a week.b) The thief was arrested yesterday.

c) The burglar will be convicted.d) Courts of Quarter Session are presided over by abench of justices.31e) Cases had been heard by a judge sitting with a jury.f) Appeals may be heard in the High Court.g) All trials at quarter sessions are held with a jury.h) The ordinary civil actions will be heard by theCounty Court.i) In England magistrates are appointed by the LordChancellor.j) In Ireland the police have been controlled by anInspector General.IV. Translate into English using Passiveconstructions:

1) Astzi este 10 aprilie. Telefonul ar fi trebuit pltitp acum.2) n multe din oraele rii se construiesc biblioteci.

3) Ai prul prea lung. Ar trebui s te tunzi.4) Paul a fost externat din spital la dou zile dup ce afost internat.5) S-au fcut multe cercetri pentru a descoperi cauzeleacestei boli molipsitoare.6) A dori s-mi fac o fotografie pentru paaport.7) Publicului nu i se spusese ce se tpla spatelecortinei.8) Domnul Brown dorea s tie dac se servete miculdejun la hotel.9) Mi s-a spus c eti bolnav.10) Florile acestea ar crete mai bine dac ar fi udatemai des.

11) Telegrama va fi mat generalului c mairepede posibil.12) Ni se dau o mulime de teme zilnic.32UNIT 4COMMON LAWCommon law1, also called Anglo-American law, is thebody of customary law, basedupon judicial decisions andembodied in reports of decided cases, which has eenadministered by the common-law courts of England since theMiddle Ages. From thishas evolved the type of legal systemnow found also in the United States and in mostof the memberstates of the Commonwealth of Nations. Common law standsin contrastto rules developed by the separate acts of equity2, tostatute law (i.e., the acts of


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legislative bodies), and to the legalEurope and elsewhere.The term of common lawis used in a number ofdifferent ways each emphasizing various aspects ofthiscomplex idea. There are three basic uses of the term: As a description of the general system of law withina national jurisdiction;

As a specific description of a historicaldevelopment in England and Wales;

As a description of a particular set of rules incontrast to the rules of equity and of statute law.

First, common law is used to distinguish one type ofgeneral legal system from otherlegal systems. It is most oftenused to distinguish common law jurisdictions from civillawjurisdictions. Those states whose laws are derived from theEnglish system such as theU. S. A., Canada, Australia, HongKong, etc. are therefore known as common lawjurisdictions.The second way in which the term is often used is todescribe a historical situation inwhich the jurisdiction of thekings courts of justice was extended throughout all theregionsof England and Wales, creating systems of law common to all33England in contradistinction to local law and custom whichvaried from area to area.

After the Norman conquest it was Williams successorswho managed to diminish4 theopportunity for corruptionamong their officials by creating a more centralizedandspecialized form of government. This was achieved in part bythe delegation ofroyal judicative power to itinerant justices,organized on circuits, who would travel round the countryholding sittings5 (Assizes)to hear and settle6 cases waiting tobe tried in the country towns and enforce7 thekings rights.At the same time as this development of the itinerantcourts was taking place, theimpetus8 for more efficient andeffective government created three static, royal courtslocatedat Westminster: the Court of Exchequer9, specialized in royalfinance; the Courtof Common Pleas, which had jurisdiction inordinary litigation; and the Court of Kings

Bench which hadjurisdiction over all wrongs with the Court of Common Pleasand hadan appellate10 and supervisory jurisdiction over allroyal justice. The jurisdiction ofthese courts was extendeduntil what had originally been an exceptionaljurisdictionbecoming common to the whole kingdom. The law created bythis jurisdiction was therefore known as the common law.The third and most modernuse of the term commonlaw comes into opposition to the notions of equity andstatute law. The common law means the rules, standards andprinciples created bythe judges which are not equity. Lawyersmust simply learn what the rules at commonlaw are and whatthe rules in equity are. In many situations the rules overlap11andalthough the rules in equity will prevail12, it is of greatimportance that the lawyer beaware of what the positions isboth at common law and in equity.

VOCABULARY1) common law = drept comun, drept cutumier342) equity = drept natural; lege nescris3) widespread = rspdit; tins4) to diminish = a diminua; a micora, a slbi5) sitting = edin, adunare, trunire6) to settle a case = a soluiona, a rezolva un caz, ocauz7) to enforce the rights = a valorifica drepturi8) impetus = imbold, impuls9)Court of Exchequer = Curtea Ministerului de Finane( Anglia)


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10) appellate (jurisdiction) = jurisdicie de apel11) to overlap = a suprapune; a coincide ; a tretia12) to prevail = a predomina; atriumfaCOMPREHENSION CHECKI. Answer the following questions:a) Describe with your own words what common lawmeans. Write a shortcomposition about it.b) What are the basic uses of the term common law?

c) What does the first use consist in?d) What are the itinerant courts? Did they contributeto the development of thejudicial system?e) What were the Royal Courts that were located atWestminster?f) What does the third use of the term common lawcome into opposition to?g) What happens if the rules at common law and thosein equity should overlap?II. Fill in the blanks with the suitable prepositions:1. Magistrates are appointed __________ behalf of theCrown, _________ the lordChancellor.352. There is substantial identity ____________ manypoints ___________ the Scottish

system and those of the rest________ Britain.3. The sources _________ law also include a largeamount ___________ unwritten orcommon law gathered_________ numerous decisions _________ the courts.4. Central responsibility ____________ theadministration to _________ the judicial systemlies partly________ the Home Secretary.5. The police system is organized __________ anumber ____________ separate forceslinked _________ localGovernment and subject _________ the influence and control___________ the Home Secretary.III. Give the Romanian equivalents of the followingwords; Try to write asentence with each of them:

counterespionage

to infringe poaching

to disclose

to distort

traffic regulation

to misuse

receiver

proviso

grievanceIV. Try to match the legal terms (1-8) with the

proper definitions (A-H):1. discharge offirearm2. theft of motorvehicle3. illegal bordercrossingA. the recruitment, transportation,transfer or receipt of persons by means ofthreat, use of force, coercion, fraud or theabuse of authority for the purpose ofexploitation.B. crossing the border or boundary of aprovince without proper documentsC. traffic incidents involving theoperation of a motor vehicle while under36


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4. trafficking inperson5. licensing, permitand localordinanceviolations6. speeding7. improperregistration8. driving underthe influencethe influence of any intoxicatingsubstance.D. any offence relating to the speed ofoperation of a motor vehicle.E. any incident involving the unlawfuldischarge of a firearm.F. the theft of a passenger vehicle, truck,bus or other vehicle intended for

usetransporting persons or goods upon theroadway.G. violation of any local ordinance,permit or licensing requirementsestablished bylocal authorities.H. any offence relating to false, altered,forged display or exhibition of documentsevidencing the registration of a motorvehicle..V. Translate into English:1) Tribunalul poate impune o sentin care s privezepe acuzat de libertate.2) Se iau toate msurile pentru a respinge orice avantajal acuzrii asupra aprrii.3) Dup ce o persoan a fost arestat, el/ea esteacuzat() i adus() faa instanei.4) Intervievarea martorilor acuzrii este foarteimportant tr-un proces penal.5) n general, infraciunile care sunt judecate pe bazaunei proceduri sumare sunt

pedepsite cu o amend.6) Nu trebuie subestimat depoziia vreunui martor anchetarea cazului.377) La intrarea Marea Britanie, ofierul de la imigrrirecomand ca s nu sedepeasc perioada permis de edere ar.8) Dei parlamentul voteaz legile, judectorii sunt ceicare le aplic, ind cont i despecificul cazurilor.9) Dac el ar fi mrturisit totul de la ceput, vina lui arfi fost mai mic.10) n caz c este arestat, suspectul are dreptul sconsulte un avocat.VI. Ask questions to the following statements:

1) Most legislation applies to Great Britain or theUnited Kingdom as a whole.2) The great majority of Bills are government measuresintroduced by a Minister.3) The main opportunities offered in the House ofCommons for detailed examinationof government policy areprovided through parliamentary questions and answers.4) Some private Bills relating to matters of individualor corporate interest arepromoted in each session.5) On some matters, separate Acts are passed forEngland and Wales and forScotland.6) Bills may be introduced by either House, unless theydeal with finance orrepresentation.VII. Translate into Romanian:

The sovereignity has the duty of prosecuting those whocommit crimes; its attorneyfor the purpose is the prosecutor.The prosecutor, who performs the function of triallawyer forsovereignity, has extensive resources at his disposal forinvestigation and preparationpurposes. He is not at liberty todistort or misuse this information. He mustdiscloseinformation tending to relieve the accused of guilt. Anyconduct of aprosecutor or judge that hinders the fairness of atrial to the extent that the outcome is adversely affected is inviolation of thedefendants right of due process. The efforts ofthe prosecutor and the court should bedirected toward fairnessand justice.


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VIII. Write a short composition in which to show thephases of a trial inRomania. You can as well discuss a casethat you studied about.FOCUS ON GRAMMARMODAL VERBSmust is used to express an obligation given by thespeaker:You really must come and visit our shop next week.must also expresses a necessity or a deduction:They must go to work every day.That must beJane, she always comes late..mustnt expresses an interdiction:Pedestrians mustnt cross the road when the light is red.have to expresses an obligation given by someexternal authority:You have to wearthis badge, thats our regulationdont have to and neednt express the absence ofobligation:You dont have to speak so loudly, I can hear you.should expresses moral obligation or advice,suggestion:She should paymore attention to her spelling.39I. Patrick and Susan are colleagues attending aconference. Complete the dialogue. Use must, mustntor have to:Patrick: Well, its been good talking, but Im really tirednow, and I mustgo end getsome sleep.Susan: Really? you go so soon? Lets haveanother drink at the bar.Patrick: No, really. I If I stayed for anotherdrink, I know Id be uselesstomorrow. And I

start work at 6.00 in the morning.Susan: At 6.00?! Why do you start so early?Patrick: Because my head of department wants me to runa breakfast seminar, and Istill have somepreparation to do I . make anymistakes!Susan: Why the seminar . so early?Patrick: I dont know. Stupid, isnt it?Susan:The things we do for this company!I think we all work far too hard!II. Fill in the blanks with must or the present,future, or past form of have to:1. Little Simon got lost and ask apoliceman the way.2. If you buy a radio set you buy a licence for it.

3. Passengers be in possession of a travelticket.4. I never remember his telephone number; I always... look it up.5. Children take an important exam at sixteen.6. Mr. Brown was in a hurry, so he take a taxi.7. My grandpa is hard of hearing; he wear ahearing aid all the time.408. Mr. Barton . cook his own meals next weekbecause his wife will be away.9. You see this film. Its really very good.III. After reading the following sentences, express animpression or anopinion about the ideas they contain,using modal verbs followed by aperfect infinitive:


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eg, I didnt see Harry at the conference (might)He might have been absent.a) Jennys pronunciation has improved considerably(must).b) Mary didnt get on with her examination as well asshe was expected to (could).c) The doctor didnt return yesterday as he hadpromised his patients (should).d) They were very tired when they came home (must).e) He seemed terribly excited when I saw him (might).f) Well, I suppose be has failed (should).g) They had an appointment in his office yesterday, butMr. Roberts didnt come

(might

).h) His journey didnt last more than an hour (could).i) They looked for the child everywhere except in thesick mans room (might).IV. Translate into English:1) Trebuie s fie destul de tziu, fiindc strzile suntpustii.2) N-am eles lecia, aa c Dan a trebuit s mi-oexplice din nou.3) Va trebui s stai aici p se toarce secretara.Cineva trebuie s rspund la telefon.414) Ieri diminea a trebuit s m duc dup cumprturipentru c aveam musafiri lacin.5) Nu crezi c-ar trebui s te duci la doctor dac nu tesimi bine?

6) De ce ai cumprat fructe? Am luat trei kilograme demere, nu mai trebuia scumperi i tu.7) E nevoie s art legitimaia de serviciu ori de ce orivin aceast instituie?8) Mike nu rspunde la telefon. Probabil c a plecatfoarte devreme de acas.9) Trebuie s predau proiectul de diplom ainte desfitul sptmii.10) N-a fost nevoie s-i traduc articolul fiindc tie bineenglezete.42UNIT 5EQUITYIn Anglo-American law, the custom of courts outsidethe common law is called equity.In origin equity providedremedies in situations in which precedent or statutory law

might not apply or be equitable. By the end of the 13th centurythe English kingscommon-law courts had largely limited therelief available in civil cases to thepayment of damages and tothe recovery of the possession of property.The disappointed litigants1 petitioned theking, who wasthe fountain of justice. The king, through his Chancellor,eventually set up a specialcourt to deal with these petitions.The rules applied by the Court of Chanceryhardened2 into lawand became a regular part of the law of the land. The mostimportant branch3 of equityis the law of trusts4, but equitableremedies such as specific performance andinjunction5 are also

much used. In case of conflict or variance between the rulesof common law andequity, equity come to prevail.Equity thus worked behind the scenes of thecommonlaw action; the common law principles were left intact, butthey weresuperseded6 by equitable rules in all cases.This system went on until 1875 when theold courts ofcommon law and the Court of Chancery were abolished, and intheir placewas established a single Supreme Court ofJudicature, each branch of which had fullpower to administerboth law and equity.When one says that a particular rule ofmodern law is arule of equity, one means that it has to be read in the light ofa whole complex of rules developed by the Chancellors. One of43them was (and is) tothe effect that he who comes to equitymust come with clean hands. This rule willapply wheneverthe plaintiff7 is relying upon an equitable right, but notnecessarily


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when he is relying on a common law right. To saythat a particular right is an equitableright means that all thesubsidiary rules of equity apply to it. On the other hand,aparticular right is to be interpreted in a common lawatmosphere, leaving out of account such equitable rules asapply only to equitablerights.Although the rule is that when law and equity conflict,equity prevails, there isalways the possibility that a litigantwho relies on an equitable rule may for somereason findhimself outside the limits of that equitable rule and when thishappens thecontradictory common law rule, which may

generally seem to be a dead letter, becomes very much alive.Courts of equity alsodeveloped early in the UnitedStates, but in the late 19th and early 20th centuries mostU. S.courts similarly abolished the distinctions between actions atlaw and suits inequity and fused8 their administration in oneprocedural system, with but one civilaction, in the same court.Modern equity has been much assisted by legislation. Theoldnotion that equity protects only property rights has beenvirtually abandoned. Nowan employee9, for example, can bebarred from competing10 with his employer afterdischarge orresignation. An injunction may now be had, where otherfactors of appropriateness permit, against threatened injury tointerests of personality,such as civil liberties, privacy,reputation and domestic relationsVOCABULARY

1) litigant =.pricinat, parte litigant, acuzator2) to harden = a (se) consolida, a (se) tri

3) branch = ramur, domeniu; cp de activitate4) trust = tutel, procur445) injunction = ordonan, hotre judectoreasc6) to supersede = a locui; a (se) substitui7) plaintiff = reclamant (tr-un proces civil; partevtmat tr-un litigiu civil)8) to fuse = a se contopi, a fuziona9) employee = angajat, salariat

10) to compete with = a concura, a intra

competiieCOMPREHENSION CHECKI. Match each of the following words to the correctdefinition:1. to sue2. damage3. defender4. case of firstinstance5. to dismiss anappeal6. to deliver

judgement7. to hold8. to be entitled9. plaintiffA. to have a right to something.B. a person who defends a civil orcriminal action.C. money given as a legal compensation.D. to take legal action against someonein a civil case.E. to give a judicial decision.


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F. to reject, or not accept an appeal.G. a person who brings an action in civillawH. to decide in legal proceedings.I. the first hearing of a case, not anappeal.II. Give the Romanian equivalents of the followinglegal terms; Write asentence with each of them:

injunction forfeiture

appeal

breach of the law

liable

hereditary peerage

mens rea (lat)

remedy45

to move a motion prima facie (lat)

III. Fill in the blanks, using the words in the tablebelow:arrest, the police, arrestable offence, general,attempting, serious arrestable offences, suspecting, offence,restraint1) Some offences are considered as _________ inwhich case the police have additionalpowers.2) An __________ is one which carries a sentence of atleast five years of _________3) ___________ means the loss of liberty, being subjectto _________ as one movements.4) The _____________ arrest conditions give _______the power to arrest for offenceswhich are not automatically

arrestable.5) If the police have reasonable grounds for _________a person for committing or_______ to commit any ________they may arrest that person.IV. Give the Romanian for the following branches oflaw:

Criminal law

Law of Tort

Administrative law

Land law

Roman law

Constitutional law

Property law Law of contract

Commercial law

Labour law

Try to explain which branch of our law is concernedwith the respectivefield if there is no exact termV. Translate the following sentences intoEnglish:461) Acuzatul trebuie s fie condamnat la chisoare pevia, truc a comis un omor.2) Infractorii sub vsta de 21 de ani pot fi trimii lainstituii de reeducare.


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3) S-ar putea ca el s fie nevinovat.4) ntruc el dorete s mai lase o parte din averea sa iunei alte persoane, el trebuies adauge o clauz testament.5) Inculpatul trebuie s plteasc reclamantului oamend mare truc i-a avariat gravmaina.6) S-a instituit procedur judiciar potriva oferuluivinovat.7) Judectorul i-a impus inculpatului s plteascamend plus cheltuielile de judecat.8) Ca urmare a atacului comis asupra unui om de ctrecei doi tineri, s-a emis mandat

de aducere

faa instanei acelor vinovai.9) Dup audierea tuturor martorilor, juriul a ceputdeliberrile.10) n Marea Britanie sindicatele protejaz intereseleangajailor prin negociereasalariilor cu organizaiile patronilor.VI. Translate into Romanian:The legal systems rooted in the English common lawhave diverged from their parentsystem so greatly over timethat in many areas the legal approaches of common-lawcountries differ as much along themselves as they do with thecivil-law countries.Indeed, England and the United States haveso many legal differences that they aresometimes described astwo countries separated by a common law. The moststrikingdifferences are found in the area of public law: England has nowritten

constitution and no judicial review, whereas everycourt in the United States possesses the power to pass judgmenton the conformity oflegislation and on other official actions toconstitutional norms.VII. Put the following statements concerning theservice of a writ intochronological order.1. The court officer stamps the writ and gives it anumber.2. The writ is issued.3. The plaintiff indorses the nature of his claim againstthe defendant.4. The defendant decides to contest the claim.5. The writ is sent by first-class post to the defendant.VIII. Comment on the following proverbs:

The man who goes to law often loses an ox to win acat.No physician like a true friend.FOCUS ON GRAMMARREPORTED SPEECHWhen we report what someone else has said orthought we use reported (orindirect) speech:Eg. He saidthat he couldnt swim.She insistedthat she had to see us.DIRECT SPEECH INDIRECT SPEECHa. Johnny, youve passedyourexam.

I toldJohnny hed passedhisexam.b. Ill telephone todaythisHe saidhed telephone thatday48evening thateveningc. Mr. Smith will be backtomorrow.


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They toldme Mr. Smithwould be backthe next/thefollowing day.d. Your parcel arrivedyesterday JaneI toldJane her parcel hadarrivedthe day before.e. It happenedtwo hours ago.They told me it hadhappenedtwo hours before.I. Rewrite the sentences in Reported Speech:a) Ive read the report and I dont understand section4, he said.He said b) When I finish my presentation, Im going to have adrink, he said.He said c) I like playing tennis, but I dont do it very often,she said.She said

d) Im preparing the figures but I wont be long, shesaidShe said e) Im going to visit our French subsidiary, but Imnot sure when, she said.She said f) We received your order last week, they said.They said g) Im sorry about the delay, Ill deal with this now,he said.He said

II. Turn the statements, questions and orders belowinto reported speech:49a) These shoes are too small. I am returning them tothe shop and I hope I will be refunded, said my aunt.b) I have just opened a savings account. I want to goto Bahamas next summer, my friend said.c) You must take out a mortgage. We can no longershare this tiny flat, their parents said.d) Can I buy oil and sugar on credit? My husband willonly get the unemployment benefit next week asked the house

wife.e) I wont pay the bill. Its simply a rip-off, said thecustomer.f) Why did they sell this wonderful painting at such asmall price? asked Mrs. Smith.III. Change the following sentences from indirectinto direct speech:1. Linda wanted to know whether George had reallyshot that bear.2. Mother asked me whether I had finished my work.3. Doris inquired whether he would bring his brotheralong.4. Mike asked his girl-friend whether she liked her newjob.5. Mary wanted to know what she was supposed to do.


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6. They asked whether Jack had been heard of lately.7. I asked Peter whether be had ever eaten cookedbananas.8. Jimmy asked me yesterday whether I had returnedthe book.IV. Translate into English:50a) El spunea c dac pleac imediat o s ajung acasainte de miezul nopii.b) Mi-a spus s-l scuz dac va tzia puin.c) Ea spunea c a trecut o sptm i jumtate decd a venit oraul acesta.

d) Spera c dac totul va merge bine va pleca

iunie.e) Mi-a spus ieri c astzi plinete 30 de ani.f) Mi-a scris c se afl la Cluj de dou sptmi.g) Ea mi-a spus c vor pleca la mare de dat cediscut cu cumnatul lor.h) L-am tnit pe strad, dar n-am putut sta de vorbcu el fiindc mi-a spus c efoarte grbit.i) El ne-a trebat de ce ori am fost strintate.j) Mi-a spus c dac va citi cartea p luni mi-o vaapoia chiar ziua aceea.51UNIT 6THE SOURCES OF THE ENGLISH LAW

According to the solemnity of the form in which theyare made, laws are traditionallydivided into two maincategories: written or unwritten. Written law signifies anylaw that is formally enacted1, whether reduced to writing ornot, while unwritten lawsignifies all enacted law.On the Continent the volume of written law tendstopreponderate over the volume of unwritten, but in Englandunwritten law ispredominant, for more of their law derivesfrom judicial precedents2 than from legislative enactment. Twomain and twosubsidiary sources of law are to be mentioned.The principal sources are Legislationand Judicial Precedent;the subsidiary sources are Custom and Books of Authority.Theprinciple of justice is enforced in English law bythe rule ofstare decisis (referring towhat has been decidedpreviously) and this rule has a coercive3 or binding4 nature

inthe English system. The rules of common law have beenevolved inductively fromdecision to decision involving similarfacts, so that they are firmly grounded upon5 theactivities oflitigation and the reality of human conduct. New cases leadonwards6 toreach forward new rules. In contrast, the Europeancivil law supposes the task of thecourts to be deductive: tosubsume the present case under a generalized and codifiedrule.So, a distinctive feature of the English system is that, becausethe English judgehas through precedent power to makenew law, his position in the legal system iscentral.The judge may be obliged to consider the formerdecision as part of the material onwhich his present decisioncould be based, or he may be obliged to decide it in thesame52

way as that in which the previous case was decided. In thelatter case the precedent issaid to be binding. A court whichis inferior in authority to another court is obliged tofollow acourt of superior authority if called upon to decide upon factssimilar to facts alreadytried by the superior court. On thecriminal side of the Court of Appeal the Court coulddepart7from its previous decisions in the interest of justice. On thecivil side it maydepart from its previous decisions in threesituations: when there are two earlierconflicting decisions;when the Courts earlier decisions cannot stand withasubsequent decision of The House of Lords; and when theCourts earlier decision was givenper incuriam8. Theseexceptions of the rule ofstaredecisis underline the fact that,although the rules of precedent are important in


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English law,they are not as important as the judges obligation. The judgeshave a fieldof choice in making their decisions, they rest theirjudgements upon the generalprinciples exercised in case lawas a whole.Customs are social habits, patterns of behaviour, whichall societies seemto evolve. Custom is not solely9 important asa source of law, for even today somecustomary rules areobserved in their own right and they command almost asmuchobedience as rules of law in that their observance10 is notenforced by the organsof the State. In modern times mostgeneral customs have either fallen into desuetude

or becomeabsorbed in rules of law.The European writings of legal authors formanimportant source of law. In England, in accordance with thetradition that the law isto be sought injudicial decisions, theirwritings have in the past been treated withcomparatively littlerespect. They have been cited in court, rather by way ofevidence of what the law isthan as independent sources fromwhich it may be derived.53VOCABULARY1) to enact a law = a promulga o lege2) precedent = precedent, decizie judectoreasc ce facejurispruden3) coercitive = de constrgere, coercitiv

4) binding = obligatoriu5) to ground upon = a (se) baza pe, a (se) temeia pe, a(se) sprijini pe (fig.)6) onwards = ainte; mai departe7) to depart = a se abate8) per incuriam (lat) = prin neglijen sau omisiune9) solely = numai10) observance = respectare; observan; regulCOMPREHENSION CHECKI. Answer the following questions:a) How many categories of law do you know?b) What are the main sources of law?

c) What are the subsidiary sources of law?d) What is the principle of justice in English lawenforced by?e) How have the rules of common law been evolved?f) Which is the judges position in the English legalsystem?g) Are customs important as sources of law? Why?h) Do the English legal writings have any importance asa source of law?II. Match the following terms with the definitionsbelow:54a) accident personal injuryb) defective equipment

c) dangerous drivingd) impedinge) riotf) road blockg) booting1) the offences of theft, burglary or criminal damageduring time of civil unrest,disturbance or natural disaster2) the assembly of more than two persons whosemalicious actions cause death, injuryor property damage3) the assembly of more than two persons for thepurpose of blocking a roadway; theblockage may be by use of


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an object, group of objects or any substance4) any motor vehicle accident causing injury, but notdeath, to a person5) offences relating to the operation of motor vehicleswith altered, broken, defective,damaged or missing equipment.6) operating a motor vehicle so as to endanger life orproperty7) offences relating to the illegal or improper parking,stopping or standing on, in oradjacent to a roadwayIII. Add suffixes to form nouns:

to appoint; to assess; to attend; to convict; to defend; todispose; to establish; to evaluate; to hear; to immigrate; toimprison; to proceed; to propose; to prosecute; to withdrawIV. Ask questions to the following statements:a) The basic powers and responsibilities of localauthorities shall be prescribed by theconstitution or statute.55b) The principle of local self-government shall berecognised in domestic legislation.c) Public responsibilities shall be exercised by thoseauthorities which are closest tothe citizen.d) Allocation of responsibility to another authorityshould weigh up the extent andnature of the task andrequirements of efficiency.

e) Powers given to local authorities may not beundetermined, or limited by anothercentral or regionalauthority.V. Choose the correct answer:1) In the legal profession, men ___________ women byfive to one.a) outclass c) overcomeb) outnumber d) supersede2) The _________ sentenced the accused to 15 years inprisona) barrister c) judgeb) counsel d) solicitor3) After a close cross-examination, the barrister was________ . His client was tellingthe truth.

a) content c) happyb) glad d) satisfied4) I _________ to say anything unless I am allowed tospeak to my solicitor.a) deny c) refuseb) neglect d) resist5) All __________ barristers are expected to study atthe Inns of Court.a) hopeful c) willingb) prospective d) wishfulVI. Translate into English:561) n Marea Britanie nu exist numai un singur organ allegii.

2) n ce privete diferenele dintre sistemul juridicscoian i cele din restul MariiBritanii, acestea sunt maiextinse.3) O trstur comun tuturor sistemelor juridice dinMarea Britanie este aceeapotrivit creia sursele de drept includlegislaia,precum i o mare cantitate de cutum(unwritten law)care provine din numeroasele hotri ale instanelor de-alungul timpului sau din altesurse.4) Majoritatea urmririlor penale Anglia suntconduse de ctre poliie, dar punereasub acuzare este decompetena procurorului public.


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5) Este necesar ca avocaii s caute toate informaiilerelevante pentru cazul respectivla poliie.6) Fiecare acuzat are dreptul s apeleze la un avocatpentru aprare.7) Dac acuzatul nu poate s-i permit s angajeze unavocat pentru aprare, atuncii se acord asisten juridic pecheltuiala public.8) La ceputul secolului curile de apel au fost obligates-i respecte judecileprecedente.VII. Translate into Romanian:

The plaintiff begins his action by way of a writ ofsummons, which is a formaldocument containing details of theparties, the plaintiffs claim, an instruction to thedefendant toacknowledge the writ within a specified time and a warning tothe defendant that hemust acknowledge and indicate anintention to contest the case or risk the plaintiffproceedingdirectly to a judgment.On the back of the writ the plaintiff must set out(indorse) the nature of his claim against the defendant either57in a brief, generalstatement (a general indorsement) or in afull statement (a special indorsement). Ifthe writ containsonly a general indorsement and the defendant wishes to contestthe case, a full

statement of claim will become a necessary partof the pleadings which will follow indue course.VIII. Make up your own definition of the doctrine ofprecedent in about 50-100 words (with your coursebookclosed). All the definitions should then beread out in class,and a jury should decide which is the most accurate,complete andgrammatically correct.FOCUS ON GRAMMARCONDITIONALSType 1a) possible, probable/real condition referring to

something which may or equally may nothappen:IfClausePresent Tense, Present perfectMain ClauseFuture, Imperativeeg. If it rains, we wont go to buy the newspaper.b) tentative, possible condition referring to somethingwhich is rather unlikely to happen, but still do so:IfClauseShould+InfinitiveMain Clause

Imperativeeg. If you should be interested, please, letme know.Type 2- improbable condition referring to something to whichthe speaker can imagine happening in theory:58IfClausePast Tense/Past Subjunctive IMain ClausePresent Conditionaleg. If I were you, I wouldnt change my job.


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If she became a reporter, she would workvery hard.Type 3- impossible condition referring to something in the pastwhich cannot by definition happen:IfClausePast Perfect Tense/Past Subjunctive IIMain ClausePerfect Conditionaleg. If she had known English, she would have

translatedthe text..Note: In negative sentences, if notis replaced byunless:eg. He will not understandthe lesson unless he learnsthe new words.I. Match the two parts of the following statements:1) If I were a young manager and I received a numberof complaints from my customers about unfriendly service, ..2) If my suppliers workforce kept going on strike, ...3) If my employees refused to work overtime, 4) If I inherited a fortune and opened my own business

and a close relative asked me to give him/her a well paid job,a) I would use alternative suppliers and make sure I hademergency stocks.b) I would offer her/him the job only when the businessbecomes profitable.59c) I would think of some ways to encourage my staff tobe helpful.d) I would give them bonuses for extra hours.II. Underline the correct words:1) I wouldnt/wont worryif I am/were you.2) If youphoned/had phonedme yesterday, I hadtold/would have toldyou.3) If you took/would have taken more exercise, youmight feel/had leftbetter.4) If Tim would have listened/had listenedmorecarefully, he wouldnt have made/didnt make that mistake.5) If we would found/foundsuitable premises, wewould have moved/had movedearlier.6) If people kept/had kepttheir offices more tidy, itmight present/presenteda better image to our visitors.7) If I had known/would know about their financialproblems, I wouldnt do/wouldnt have done business withthem.8) If our side had been/was better prepared, wesucceeded/could have succeededin the negotiations.III. Translate into English:1) Dac nu l-a fi eles, l-a fi rugat s vorbeasc mairar.2) A alege rochia aceasta dac n-ar fi at de strt.3) Dac compania noastr ar fi vrut s vd sau scumpere valut, ar fi pututcontacta un agent de burs.


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4) Dac nu pleci imediat, vei pierde mod sigur trenul.5) i-a fi recunosctor dac mi-ai da mai multeinformaii legtur cu folosireacardului.6) Dac nu te trezeti devreme, n-o s poi s ajungi laserviciu la timp.607) Dac a fi observat accidentul, a fi notat numerelemainilor.8) Cum ai reaciona dac ai afla c firma lui va dafaliment?9) Cnele meu latr todeauna dac aude vreunzgomot neobinuit.

10) Kate ar fi

vat

c dou ore, dac ar fi tiut cexamenul fusese am

at.11) Dac mne a avea zi liber, a pleca excursie lamunte.12) Dac a fi tiut c facei comer cu aceast firm deata ani, a fi luat legtura cu voi imediat.IV. Put the verbs in brackets into the right form:a) They (not to be) angry with her if they had knownthe truth.b) What you (to do) if you found a burglar in yourhouse?c) Someone (to steal) your car if you leave it unlocked.d) Jim (to be ruined) if the bought his wife everythingshe asked for.e) If she were sent to prison, you (to visit) her?f) He would have forced his way into the house if I (notto call) for help.

g) If I (to change) my job would it affect my pension?h) If father had been at home, he (to answer) the phone.i) Mike wouldnt have believed it if he (not to see) itwith his own eyes.j) He (to buy) shares in your company if he had somemoney.61UNIT 7THE BRITISH CONSTITUTIONThe British Constitution is not written in a basicdocument or group of documents. Ithas evolved over thecenturies with several dramatic changes and high degree ofhistorical continuity has been maintained as the constitutionhas been brought up todate.

The constitution is regulated1 to a large extent by ruleswhich do not belong to thenormal legal categories and whichare called constitutional conventions. They arerules of politicalconduct or binding usages, most of which are capable of beingvaried or of simply disappearing as political conditions andideas change. Sometimes itis convenient to contrastconstitutional convention with strict law2. Ths, in strict law(by virtue of the royal prerogative) the Queen can dismiss herMinisters at pleasure.By convention this legal power isexercisable nly in very extraordinary circumstances.As theQueen must act in accordance with ministerial advice,Parliament still adoptsthe form of conferring discretionarypowers on Her Majesty. This dichotomy3 of law andconvention pervades4 much of theconstitutional law.The absence of a cumbersome5 procedure for altering

rules of constitutional importance, the omnicompetence6 ofParliament and thepliability7 of many constitutionalconventions tend to make the British constitutionflexible andeasily adaptable.62The upper House of Parliament, the House of Lords,still constituted on a hereditary basis, is of minor importance;the lower House, theelected House of Commons, is the focusof political attention. The political arm of theexecutive branchof government is recruited from and located within Parliament,andthe Cabinet is collectively responsible to Parliament ingeneral and the House ofCommons in particular. AGovernment would either have to resign or go to the country ifit were to forfeit8 thesupport of a majority in the Commons.Because of the structure of modern Britishpoliticalparties, and the operation of the electoral system and certainconstitutional


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rules the Government is normally able tocommand parliamentary support for theimplementation ofalmost any policy that it is in practice likely to adopt.TheGovernment has indeed to be responsive9 to parliamentaryopinion, as well as tothe weight of opinion in the electorate atlarge, but one must not imagine that it is inany real sense adelegate or agent of Parliament. Parliamentary government isnot governed by Parliament. The Government governs in andthrough Parliament. Atthe same time, it would be erroneous tospeak in terms of Cabinet dictatorship. AGovernment

operates within a complex network10

of constraints restrictingits freedom of manoeuvre.The constitutional principles, rules and practices of theUnited Kingdom have never been codified. They derive fromstatute law, fromcommon law, and from conventions of theconstitution, which are not laws at all, butpolitical practiceswhich have become considered as indispensable to the smoothworking of themachinery of government.VOCABULARY1) to regulate = a pune la punct, a potrivi; a regla, aajusta2) strict law = lege necondiionat, fix633) dichotomy =dihotomie, diviziune cu dou pri

4) to pervade = a cuprinde; a ptrunde ()5) cumbersome = obositor, incomod, greoi

6) omnicompetence = puternicire deplin7) pliability = pliabilitate, flexibilitate8) to forfeit = a pierde prin confiscare9) responsive = elegtor; corespunztor10) network = reeaCOMPREHENSION CHECKI. Answer the following questions:a) What do you mean by constitutional conventions?b) Can you explain the term strict law?

c) Is the British Constitution a flexible and easilyadaptable one? Why?d) What happens if the Government should forfeit thesupport of a majority in theCommons?e) Can one speak about the British Government interms of Cabinet dictatorship?f) How does a Government really operate? Explain it ina few words.II. March the following terms with the definitionsbelow:1. demonstration2. missing person3. natural or accidental death4. suicide

5. deportation6. civil disputes7. domestic disputesA. incidents or disputes concerning agreements, propertyownership, land use etc.;they are concluded by referring theparties to judicial officers, social department orother agencies64B. the official government action of expelling a person from acountry or from aprovinceC. the assembly of more than two with a common purposewithout causing death,injury or property damage


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D. family disputes in which there is absolutely no criminalconductE. cases of persons who intentionally terminate their livesF. the report that a persons location is unknown and, shouldreasonably be known;this report must be made by aresponsible partyG. deaths reported to the police that are caused by natural bodyfunctions or byunintentional but legal actionsIII. Choose the right answer:1) The judge _______ the pedestrian for the accident.

a) accused c) chargedb) blamed d) sued.2) A _______ is a trial lawyer or litigator.a) barrister c) solicitorb) judge d) coroner3) The judge will hear the next _______ after lunch.a) case c) lawsuitb) charge d) trial.4) His legal training enables him to put his case ______very convincingly.a) down c) over

b) out d) up5) The ________ sentenced the convicted man.a) judge c) barristerb) counsel d) prosecutorIV. Give the Romanian equivalents of the followinglegal terms. Write a sentence with each of them:65 assent

to hold office

adjournment

to reverse a sentence

liability to take precedence

misconduct

to be empowered

to vest

retirementV. Reduce each of the following complex sentencesto make a more condensed one:1) Passengers must go through the Customs before theyembark.2) He promised he would buy me a present.

3)Dont forget you must deposit your key at thereception desk when you leave the hotel.4) We are sorry we are so late.5) I regret I spoke to the boy so rudely.6) The meeting that was arranged for tomorrow willnow be held a week fromtomorrow.7) Can you find something that will stop the doorbanging?8) I hope I shall hall see you on Tuesday.VI. Translate into English:1) El ar fi putut obine o not mai mare la Drept Civil,dar nu a studiat deajuns.


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2) El ar fi trebuit s plteasc o amend mai marepentru avarierea destul de serioasa mainii reclamantului.3) Nu putea s fure el ceasul, toat lumea considerun om onest.4) Este necesar ca aceast lege s fie votat parlament.5) Avocatul insist ca inculpatul s fie eliberat pecauiune.6) Judectorul a hotr c trul infractor s fie trimisla o coal de reeducare.7) Pot fi jurisconsuli absolvenii facultilor de tiinejuridice.8) Funcia jurailor este de a declara dac acuzatul estevinovat sau nevinovat.VII. Translate in to Romanian:When the governments manifesto commitment tointroduce compulsory trade unionrecognition is finallyimplemented, an increasing number of employers maycomeunder pressure to reach collective agreements on such mattersas the procedurefor selection in the event of redundancy. TheCourt of Sessions decision in the caseassumes particularsignificance against that backcloth. The employer had agreedwiththe GMB a selection procedure on he basis of last in,first out, but decided instead to apply an alternative scheme.An employee who wasthereby placed in the firing line soughtan order prohibiting the employer from makinga selection onany basis other than last in, first out.

VIII. Comment on the following proverbs:Much law, but little justice.Of two disputants, the warmer is generally in thewrong.FOCUS ON GRAMMARUNCOUNTABLE NOUNSAn uncountable noun has only one form. We cannotuse numbers with it:67Eg. - substances, materials: water, air, oil, coffee,money, steel, food, electricity.

- abstract ideas: freedom, progress, health,trouble, fun.- activities: sleep, music, work, football,research- human qualities/feelings: sadness, respect,courage, honesty, patience.The following nouns are uncountable in English:advice, business, cash, furniture, health, homework, luggage,machinery, money,accommodation, traffic, weather.A few uncountable nouns and in s: athletics,diabetes, economics, gymnastics,measles, news, politics.Uncountable nouns cannot be counted directly;however, we can count them using phrases like: a piece of, abit of, an item of, a cup of, a glass of, a bottle of, a kilo of, abarrel of etc:eg. a piece/two pieces of advicea bottle/two bottles of watera bit/two bits of informationa kilo/two kilos of ricean item/two items of newsa barrel/two barrels of oil.Singular or Plural?Some singular nouns can be followed by either a


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singular verb or a plural verb: army, audience,board, committee, family, group, management,staff, team, union:eg.The company is/are doing very well at themoment.Some nouns have only a plural form and take aplural verb:eg. clothes, contents, earnings, expenses, feelings,goods, police, scissors, remains, surroundings, trousers.68

I. Underline the correct words:a) How much/How manypages are there on yourwebsite?b) Is/Are there many/much traffic in Geneva?c) How much/How manyinformation have we gotabout this company?d) Where is/are the goods we ordered?e) There is/are some people waiting for you inreception.f) We bought some new equipment/equipments lastmonth.g) He gave me an/some advice which was/were reallyuseful.h) Im afraid we havent got much/manytime.i) The news is/are on at nine. They may be an/someinformation about Davos.j) You can choose some/anycolour you want.

II. Fill in the blanks with the correct form, singularor plural, of the verb (use simple present or past tense):1) The United States .. a great politicaland economic power.2) The youth everywhere .. eager to livean interesting life.3) The headquarters located in adeveloped area.4) A lot of information .. necessary forthe new project.5) The equipment that we ordered . here.6) Economics studied in all business schools.7) The ecological farm produce in greatdemand.698) The news about the closure of the company really depressing.

9) How much money left in your account?III. Singular or plural? Underline the correct formof the words in italics in each pair there is one singularand one plural:a) 1. The large content/contents of the lorry madeit possible to carry all thosegoods.2. The content/contents of the book seemedinteresting enough.b) 1. Thepremise/premises may have been good,but the final result was a failure.2. The companyspremise/premises had to beredecorated.c) 1. They had to wait a lot before they passed thecustom/customs.2. They admired the unique custom/customspeople keep in that village.

d) 1. The sales targets for the first term/termscould not be achieved.2. The term/terms of the contract will be drawnup by the lawyers.e) 1. The compass/compasses broke, so that theexplorer lost himself in the rainforest.2. I borrowed his compass/compasses to finishmy diploma design.f) 1. I need the minute/minutes of the lastmeeting.2. They didnt find out the result of the contestuntil the last minute/minutes.g) 1. The girls tried on a lot ofcloths/clothes fortheir holidays.702.She bought some cloths/clothes to have a fewdresses made.


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h) 1. The manager has asked us to collect thefigures and submit him thestatistic/statistics.2. Students have passed their exams instatistic/statistics.IV. Translate into Romanian:a) All Dacians rose in arms when the Romans invadedDacia. b) The letter burnt toashes. c) Clothes do not make theman. d) Have a look at the table ofcontents. d)Goods areusually transported in goods trains. e) They couldnt finish the

project for lack offunds

. f) He is a man ofmeans

, he can affordit. g) Youll find the information you need in the minutes of themeeting. h) We are all atpains to please her. i) There is asuspect on thepremises. j) Ive put all my savings in thesavings bank. k) She is always in good spirits. l) I cant drinkspirits. m) She is sitting on the stairs n) The standard of livingin the Middle Ages was very low.V. Translate into English:1) Etajera aceasta poate ine multe cri. 2) Sunt muliclieni magazinul din col. 3)Pojarul este o boalcontagioas. 4) Cine i-a adus tirea? 5) Tplarul, pe care l-aicunoscut la mine, face mobil frumoas. 6) Am vzut mulipeti otd sub pod. 7)

Mrfurile acestea au venit din China.8) Vrei s-mi dai foarfecele o secund? 9) A tiatdou pni ia pus feliile pe mas. 10) Cu mintea ta i cu puin hrnicie pois reueti. 11) Au mcat orez loc de cartofi. 12) Oameniiacetia s-au adunat pentru a rezolva o problemimportant. 13)Trebuie s te duci ora s cumperi nite pahare. 14)71Acoperiurile caselor erau acoperite cu zpad. 15) A cumpratceva ge. i placecarnea de gc? 16) Turitii au tnitceva cprioare. 17) De ce se pune petrol lamp? 18) Pneaaceasta este proaspt, aceea este veche. 19) Dac clzeticeara, ea se moaie. 20)Oamenii acetia sunt din nord.

UNIT 8THE ACTORS OF THE CONSTITUTIONThe British monarchy must seem to outsiders acaricature of the traditional conceits:the participants are trustedto play the game, though its rules are undefined, and, ifthey donot abide1 by the rules, nobody knows what the sanctions mightbe.Most political business in Britain is conducted in thename of the Crown. Parliamentdoes not govern; the Queen inParliament governs. When Parliament reassembles2 atthebeginning of a session, the Queen herself reads out the list oflaws the governmenthopes to pass. Every bill that passesthrough Parliament needs to have royal assent3

before it passesinto law. The Queen appoints bishops, judges and the top brass4of the army, butalways on the advice of the Prime minister.When one party wins a majority in theHouse of Commons, themonarch has no difficulty in nominating the leader of the partyto be prime minister.The Queen has to work on two principles:she must appear impartial, and must find agovernment capableof surviving in the House of Commons.The House of Lords is made up of hereditaryand life


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peers5 and peeresses, including the law lords appointed toundertake the judicialduties of the House, the archbishops ofCanterbury and York, the bishops of London,Durham and72Winchester and 21 senior bishops of the Church of England.The main function of theHouse of Lords is to bring the wideexperience of its members into the process of law-making.The House of Commons is elected by universal adultsuffrage and consists of 650members of Parliament (MPs).General elections are held after a Parliament has been

dissolved and a new one summoned6

by the Queen. When anMP dies or resigns or isgiven a peerage7, a by-election8 takesplace.For electoral purposes the United Kingdomis dividedinto constituencies9, each of which returns one member to theHouse ofCommons. Elections are by secret ballot. Britishcitizens and citizens of otherCommonwealth10 countries,together with citizens of the Irish Republic, may vote providedthey are aged 18 orover, resident in the United Kingdom,registered in the annual register of electors forthe constituencyand not subject to any disqualification.People not entitled to vote include members oftheHouse of Lords, patients detained under mental healthlegislation, sentenced prisoners

and people convicted withinthe previous five years of corrupt or illegal electionpractices.The Representation of the People Act 1985 extends thefranchise11 to British citizensabroad for a period of five yearsafter leaving the United Kingdom and extends theright toapply for an

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