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INTRODUCTION TO LAW

Traducere
1.Dreptul reprezint totalitatea regulilor, normelor de conduit stabilite sau sancionate de
stat i care sunt puse n aplicare prin fora de constrngere a statului.
The law represents the body of rules, conduct norms established or sanctioned by the
state, which are enforced by the coercive power of the state.
2.Sistemul dreptului se mparte pe ramuri: drept penal, drept civil, drept constituional,
drept administrativ, dreptul muncii, etc.
The law system is divided into branches: criminal law, civil law, constitutional law,
administrative law, employment (labour) law.
3.Dreptul civil este acea ramur a dreptului romnesc care reglementeaz att raporturi
patrimoniale n care prile apar ca subiecte egale n drepturi, ct i raporturi nepatrimoniale ce
privesc individualitatea persoanei. De asemenea, ea stabilete condiia juridic a persoanei fizice
i a altor subiecte ce iau parte la raporturile juridice civile. Dreptul civil i are rdcinile n
Codul civil din 1864.
The civil law is that branch of the romanian law which regulates both economical
relations, where the parties appear as subjects equal in rights, and noneconomical relations
concerning the person as an individual. It also sets the legal condition of the natural person and
other subjects taking part in civil legal relations. Civil law is rooted in the 1863 Civil Code.
4.Dreptul penal este o ramur a sistemului de drept ce apare ca subsistemul normelor
juridice care reglementeaz relaiile de aprare social prin interzicerea, ca infraciuni, sub
sanciuni specifice, a aciunilor sau inaciunilor ce pericliteaz valorile sociale, n scopul aprrii
acestor valori, fie prin prevenirea infraciunilor, fie prin aplicarea pedepselor persoanelor care le
svresc.
Criminal law is a branch of the law system which appears as the subsystem of legal
norms that regulates the social protection relations by prohibiting, as crimes, under specific
penalties, the actions or inactions which jeopardize the social valors, for the purpose of
protecting these valors, either by preventing crimes, or by inflicting punishments on persons who
commit them.
5.Dreptul este o tiin, dar i o art.
Law is a science, but also an art.
6.Nu cunosc circumstanele de drept i de fapt ale cauzei.
I dont know the legal and factual circumstances of the case.
7.Multe tribunale administrative nu au reguli privind dreptul de a pleda.
Many administrative courts dont have rules regarding the right to audience.
8.Statele trebuie s asigure protecia mpotriva nclcrii drepturilor omului.
The states must ensure protection against the infringement of human rights.
9.Nu este suficient ca o lege s fie bun, ea trebuie aplicat corect.
It is not sufficient that a law should be good, it must be inforced correctly.
10.Dreptul se mparte pe ramuri: drept civil, drept penal, drept constituional, dreptul
familiei.
The law is divided into branches: civil law, criminal law, constitutional law, family law.
11.Guvernul a introdus noi legi privind protecia mediului.
The government has introduced new laws on the environmental protection.

12.Studiul tiinific al dreptului se numete jurispruden.


The scientific study of law is called jurisprudence.
13.Familia i coala trebuie s formeze ceteni care s respecte legea.
Family and school must educate law-abiding citizens.
14.Faptele sale au avut drept consecin pierderea drepturilor civile.
He was disfranchised as a result of his actions. (His acts resulted in the loss of his civil
rights.)
THE COMMON LAW
Definiii
The most important meaning of the term common law refers to that part of English law
based on rules developed by the royal courts during the first three centuries after the Norman
Conquest (1066) as a system applicable to the whole country, as opposed to local customs.
The definition of equity implies the following aspect:
a.the application of the dictated of conscience or the principles of natural justice to the settlement
of disputes;
b.a system of jurisprudence or a body of doctrines and rules developed in England and followed
in the United States, serving to supplement and remedy the limitations and the inflexibility of the
common law.
Statute law denotes the written law established by enactments expressing the will of the
legislature, as distinguished from the unwritten law or common law.
Traducere
1.Noiunea de izvor de drept are 2 sensuri:
-izvor material, prin care se neleg condiiile materiale, naturale, de existen a societii care
dau coninutul, esena dreptului; i
-izvor formal, adic formele specifice de exprimare a normelor juridice prin care se determin
voina care a stat la baza adoptrii lor.
The notion of source of law has two meanings:
-material source, namely the material, natural, existence conditions of the society giving the
content, essence of law; and
-formal source, namely the specific forms of expressing the legal norms determining the will on
the basis of which they have been adopted.
2.Din punct de vedere istoric, dreptul anglo-saxon a luat fiin prin extinderea
competenei instanelor regale n toate regiunile din Anglia i ara Galilor, crendu-se astfel un
sistem de drept comun ntregii Anglii, spre deosebire de cutumele i legile locale, diferite de la o
regiune la alta. Termenul definete, de asemenea, totalitatea regulilor de drept complementare
noiunilor de echitate i acte legislative.
From historically point of view, the Anglo-Saxon law came into being through expanding
the royal courts in all the regions of England and Gale Country (Walles), thus creating a law
system common to the whole England, unlike local customs and laws which deffered from one
region to another. The term also defines the body of legal rules cimplementary to the notions of
equity and statute law.

CONSTITUTIONAL LAW
Traducere
1.Dreptul constituional se refer la normele juridice care reglementeaz relaiile sociale
dintre individ i stat, relaii ce apar n procesul instaurrii, meninerii i exercitrii statale a
puterii.
Constitutional law refers to legal norms which regulates social relations between the
individual person and the state, relations arising in the process of establishing, maintaining and
exercising the power of the state.
2.Art.1: Statul romn
(1) Romnia este un stat naional, suveran i independent, unitar i indivizibil.
(2) Forma de guvernmnt a statului romn este republica.
(3) Romnia este stat de drept, democratic i social, n care demnitatea omului, drepturile i
libertile cetenilor, libera dezvoltare a personalitii umane, dreptatea i pluralismul politic
reprezint valori supreme, n spiritul tradiiilor democratice ale poporului romn i idealurilor
Revoluiei din decembrie 1989, i sunt garantate.
(4) Statul se organizeaz potrivit principiului separaiei i echilibrului puterilor legislativ,
executiv i judectoreasc n cadrul democraiei constituionale.
(5) n Romnia, respectarea Constituiei, a supremaiei sale i a legilor este obligatorie.
Art. 1: Romanian state
(1) Romania is a sovereign, independent and unitary National State.
(2) The form of government of the romanian state is the republic.
(3) Romania is a democratic and social state governed by law in which the humans dignity, the
right and freedom rights, the free development of human personality, justice and politic pluralism
represent supreme valors, following the democratic traditions of the Romanian state and the
ideals of the Revolution from December 1989, and they shall be guaranteed.
(4) The state shall be organised in accordance with the principle of separation and balance of
powers legislative, executive and judicial within constitution democracy.
(5) In Romania, the observance of the Constitution, of its supremacy and laws shall be
mandatory (binding).
3.Curtea Constituional are urmtoarele atribuii:
-se pronun asupra constituionalitii legilor, nainte de promulgarea acestora, la sesizarea
preedintelui Romniei, a unuia dintre preedinii celor 2 camere, a guvernului, a CCJ, a
avocatului poporului, a unui numr de cel puin 50 de deputai sau de cel puin 25 de senatori,
precum i din oficiu asupra iniiativelor de revizuire a Constituiei.
The Constitutional Court shall have the following powers:
-it adjudicates on the constitutionality of laws, before their promulgation, upon notification by
the president of Romania, by either of the presidents of the two chambers, by the government, by
the High Court of Cassation and Justice, by the advocate of the people, by a number of at least
50 deputies or at least 25 senators, as well as ex officio on initiatives to revise Constitution.
4.Curtea Constituional se pronun asupra constituionalitii regulamentelor
parlamentului, la sesizarea unuia dintre preedinii celor 2 camere, a unui grup parlamentar sau a
unui numr de cel puin 50 de deputai sau de cel puin 25 de senatori. Hotrte asupra
excepiilor de neconstituionalitate privind legile i ordonanele ridicate n faa instanelor
judectoreti sau de arbitraj comercial; excepia de neconstituionalitate poate fi ridicat i direct
de avocatul poporului.

The Constitutional Court shall adjudicate on the constitutionality of the Standing Orders
of Parliament, upon notification by either of the presidents of the two chambers, by a
parliamentary group or a number of at least 50 deputies or at least 25 senators. It shall decide
upon the objections as to the unconstitutionality regarding the laws and ordinances raised before
courts of law or comercial arbitration; objections as to the unconstitutionality may also be
brought up directly by the Advocate of the People.
5.Legile organice i hotrrile privind regulamentele camerelor se adopt cu votul
majoritii membrilor fiecrei camere. La cererea guvernului sau din proprie iniiativ
Parlamentul poate adopta proiecte de legi sau propuneri legislative cu procedur de urgen
stabilit potrivit regulamentului fiecrei camere. Legea se trimite spre promulgare preedintelui
Romniei. Promulgarea legii se face n termen de cel mult 25 de zile de la primire.
Organic laws and regulations regarding the Standing Orders of Chambers are passed by
the majority vote of members of each chamber. At the request of the government or on his own
initiative, the Parliament may pass bills or legislative proposals under the emergency procedure
established in accordance to the standing orders of each chamber. The law shall be sent to
promulgation to the president of Romania. The laws promulgation is done within 25 days after
the law has been received.
ntrebri
1.What is a constitution?
A constitution refers to the rules and practices that determine the composition and
functions of the organs of central and local governments in a state and regulate the relationship
between the individual and the state.
2.Define constitutional law.
Constitutional law stands for the body of law deriving from the constitution and dealing
primarily with governmental powers, civil rights and civil liberties. Constitutional law also
represents the body of legal rules that determine the constitution of a state with a flexible
constitution.
3.Is the British Constitution flexible or rigid?
The British Constitution is considered a flexible constitution.
4.What does the British Constitution consist of?
The British Constitution consists of: statutes/Acts of Parliament, common law rules and
constitutional conventions.
5.Which is the legislative power in the UK?
In the UK the legislative power belongs to Parliament.
6.General elections VS by-election.
General elections are held every five years, but it is possible to hold elections sooner if
the Prime Minister wants it. A general election for the House Of Commons involves all UK
constituencies and takes place when the monarch dissolves Parliament and summons a new one.
A by-election is caused by the resignation or death of an MP during his life of a
Parliament.
7.Does the US have a written Constitution?
Yes, US has a written Constitution.
8.What does the US Constitution set out?
The US Constitution sets out to protect the nation and to ensure justice, peace and liberty
for all.

9.How many parts is the US (american) Constitution divided into?


The US Constitution is divided into three parts: the Preamble, the Document and the
twenty-six Amendments.
10.Is it of a rigid or flexible type? (US Constitution)
The US Constitution appears as a rigid one.
11.What is the name of the first 10 amendments together?
The First 10 Amendments together are called the Bill of Rights.
12.Why does the US Constitution share power among groups?
The US Constitution shares power among groups in such a way that each has a certain
authority over the others.
13.What does Congress represent?
The Congress represents the legislative power and consists of two houses, the Senate (to
which each state elects two senators for a period of six years) and the House of Representatives
(in which the number of representatives from each state depends on its population).
14.What institutions represent the judicial power?
The judicial power is represented by the courts.
15.In what capacity does the President represent the country?
The President represents the country as Head of State, but also has real political power.
BRITISH PARLIAMENT
ntrebri
1.What does the British Parliament consist of?
The British Parliament consists of the sovereign, the House of Lords and the House of
Commons.
2.Which is the role of the two chambers?
The business of the Parliament takes place in two Houses: the House of Commons and
the House of Lords. Their work is similar: making laws (legislation), checking the work of the
government (scrutiny) and debating current issues. The House of Commons is also responsible
for granting money to the government through approving Bills and raise taxes. Generally, the
decisions made in one House have to be approved by the other. In this way the two-chamber
system acts as a check and balance for the both Houses.
3.Who can stand as a candidate in a UK Parliamentary general Election?
To stand as a candidate in a UK parliamentary General Election one needs to be at least
18 years old and:
-a British citizen;
-a citizen of the Republic of Ireland;
-a citizen of a commonwealth country who does not require leave to enter or remain in the UK,
or has indefinite leave to remain in the UK.
4.Who are the members of the House of Commons Commission?
The House of Commons Commission is chaired by the Speaker of the House of
Commons, a sitting MP elected to the position of Speaker through a ballot of all MPs. The other
members are the Leader of the House, the Shadow Leader of the House (or another MP
appointed by the Opposition) and three backbench MPs from the three largest parties.

5.Of how many types are the members of the House of Lords?
The members of the House of Lords belong to three categories: life Peers, bishops and
elected hereditary Peers.
ELECTIONS AND VOTING
Traducere
Cetenii au drept de vot de la vrsta de 18 ani mplinii pn n ziua alegerilor inclusiv.
Au dreptul de a fi alei cetenii cu drept de vot care ndeplinesc condiiile prevzute n art. 16
dac nu le este interzis asocierea n partide politice potrivit art. 40.
Citizens having turned 18 up to on election day shall have the right to vote (shall be
entitled to vote). The eligibility (the right to vote) is granted to all citizens having the right to
vote which meet the requirements provided under art. 16 unless they are forbidden to join a
political party in accordance with art. 40.
ntrebri
1.When is a general election held? Exceptions.
General elections are held on the first Thursday in May every five years. There are two
provisions that trigger an election other than at five year intervals:
-a motion of no confidence is passed in Her Majestys Government by a simple majority and 14
days elapses without the House passing a confidence motion in any new Government formed;
-a motion for a general election is agreed by two thirds of the total number of seats in the
Commons including vacant seats.
2.Where and how can voting take place?
Most voting takes place in polling stations, but anyone eligible to vote can apply for a
postal vote. British citizens living abroad are also entitled to a postal vote as long as they have
been living abroad for less than 15 years.
An additional way to vote is by proxy, which can be useful if you are unable to get to a
polling station. A proxy vote means that you appoint someone you trust to vote on your behalf.
This can be helpful if you fall ill or if you are abroad on Election Day. Anyone over 18 years can
apply for a proxy vote if you are on the electoral register but you will need to provide a reason.
3.What do by-elections refer to?
A by-election takes place when a seat in the House of Commons becomes vacant between
general elections. A by-election does not automatically take place if an MP changes political
party.
BILLS
ntrebri
1.What is a Bill?
A Bill is a proposal for a new law, or a proposal to change an existing law that is
presented for debate before Parliament.
2.What is a draft Bill?
Drafts Bills are Bills issued for consultation before being formally introduced to
Parliament.

3.Who can introduce Bills?


Bills can be introduced by:
-The government
-Individual MPs or Lords
-Private individuals or organizations.
4.How many types of Bills do you know?
There are three different types of Bill: Public, Private and Hybrid Bills. There is also
another kind of Public Bill called Private Members Bills.
5.Which are the stages that a Bill has to go through before it becomes law? (Bill starting
in the House of Commons)
A Bill starting in the House of Commons has to go through the following stages before it
becomes law:
A.House of Commons
a.First reading
b.Second reading
c.Committe stage
d.Report stage
e.Third reading
B.House of Lords
a.First reading
b.Second reading
c.Committe stage
d.Report stage
e.Third reading
C.Consideration of amendments
D.Royal Assent
6.Bill starting in the House of Lords.
A Bill starting in the House of Lords has to go through the following stages before it
becomes law:
A.House of Lords
a.First reading
b.Second reading
c.Committe stage
d.Report stage
e.Third reading
B.House of Commons
a.First reading
b.Second reading
c.Committe stage
d.Report stage
e.Third reading
C.Consideration of amendments
D.Royal Assent

7.How do changes to Acts operate?


Future changes to the law happen through the passing of another Act or delegated
legislation. An Act can be also be repealed so that its provisions no longer apply. Parliamentary
committees examine UK laws and recommend the removal of out of date legislation.
CRIMES
Crimes against the person
Clasificare
In the American legal system, crimes are divided into:
-felonies
-misdemeanors;
-treason.
In the British legal system, offences are commonly classified into:
-indictable offences;
-summary offences;
-offences which are triable either way.
ntrebri
1.Define a crime.
A crime is defined as an act (or sometimes a failure to act) that is deemed by statute or by
the common law to be a public wrong and is therefore punishable by the state in criminal
proceedings. The modern tendency is to refer to crimes as offences.
2.What is the difference between crime and offence?
There is no difference. Crime is a term used in the American legal system and offence is
used in the British legal system. The modern tendency is to refer to crimes as offences.
3.What was meant by a felony? What categories of offences exist now and to what extent
do they overlap?
A felony is an offence punishable by imprisonment for more than one year or by death or
imprisonment generally. Felonies are usually more serious crimes.
Now the main offences against the person are: fatal offences and non-fatal offences. Fatal
offences overlap with felonies and indictable offence. Non-fatal offences overlap with
misdemeanors and summary offences.
4.What is meant by actus reus? Can a person be guilty of an offence by omitting to act?
In most cases, the actus reus will simply be act accompanied by specified circumstances,
or it may just consist in an omission to act. A person can be guilty of an offence by omitting to
act.
5.What is mens rea?
Mens rea is a guilty mind.
6.Define and distinguish between murder and manslaughter. What is meant by malice
aforethought in the former?
Murder is the unlawful killing of a person. Manslaughter is the unlawful killing of a
person, but without malice aforethought.
The mens rea for murder is traditionally known as malice aforethought. It means that the
defendant intended to cause the death of the victim or to do serious bodily harm to the victim.

7.What is the difference between voluntary and involuntary manslaughter?


Voluntary manslaughter arises when the defendant had the intent to kill, but mitigating
circumstances, such as provocation or diminished responsibility, reduce the offence to
manslaughter.
Involuntary manslaughter is the killing of a person without mens rea. Death results from
an accident or from an unlawful act of omission.
8.Distinguish between assault and battery. Give examples of aggravated assault.
Assault is an intentional or reckless apprehended as an act of violence, whereas battery is
the actual application of force to a person.
Aggravated assault include assault with intent to resist lawful arrest and assault with
intent to rob.
9.What offences involving sexual intercourse can you define?
Offences involving sexual intercourse are: rape, buggery.
Rape is the crime of having sexual intercourse with someone without his or her consent
and against his or her will.
It is also rape:
-to have intercourse with a girl under 16;
-to have intercourse with mental defectives.
Buggery is defined as sexual intercourse in an unnatural matter or with an animal.
10.Which are the defences available in the case of bigamy?
Bigamy in the act of marrying someone when already married to someone else. There is a
defence if the accused honestly and reasonably believed that his/her first spouse was dead (or
presumed to be dead because the defendants spouse had been continuously absent for seven
years or more) or that their previous marriage was void or had been dissolved.
Crimes against property
ntrebri
1.What is arson?
Arson is the intentional and malicious burning of another persons property. It is
sometimes expanded by statute to include acts similar to burning such as exploding.
2.Give examples of criminal mischief.
Criminal/malicious mischief, also known as vandalism, is the willful damaging of the
property of another. It may include throwing rocks through windows, slashing car tires, ripping
down fences, breaking off car aerials.
3.Is there any difference between larceny and theft?
Before 1969, in the British legal system, the offence of theft was called larceny with the
distinction that larceny was more limited than theft and it required the carrying away of the
property.
4.How many types of larceny do you know?
According to the value of property taken or the method used, larceny is sometimes
classified into grand larceny, which is a felony, and petit (petty) larceny, which is a misdemeanor.

5.What is embezzlement?

Embezzlement is the fraudulent taking of property by someone to whom it was entrusted.


It is often associated with bank employees, public officials, who during their lawful activities
may happen to take for their own use property, such as money, which actually belongs to others.
6.Distinguish between robbery and burglary.
Robbery is the unlawful taking of property from a persons immediate possession, by
using force against that person or putting him/her in fear if being subjected to force.
Burglary is the breaking and entering any structure, such as a building, with the intent to
commit a crime (theft, inflicting grievous bodily harm, causing criminal damage).
7.Imagine the following situations:
a)A well-executed pickpocketing;
b)Some boys surrounded a young man threateningly, and the young man, in fear for his safety,
offered money which was accepted.
Can these come under the offence of robbery?
The first case is not robbery, because robbery involves force.
The second case is robbery, because the young man was scared by the boys.
8.What threats do extortion statutes generally cover?
Extortion statutes generally cover the future physical harm, destroying property or
damaging someones character.
9.What is forgery? Explain the phrase false instrument.
Forgery is generally defined as the making of a false instrument with the intention that it
shall be used to induce somebody to accept as genuine, thereby causing harm to others.
A false instrument may be a false document or any device in which information is
recorded or stored.
10.What other offences against property do you know?
Keeping lost property and receiving stolen property are also crimes against property.
THE LEGAL PROFESSION
Traducere
1.n Romnia avocatul este persoana cu studii juridice superioare a crui activitate const
n principal n asistarea sau reprezentarea persoanei fizice i a persoanei juridice n raportul
acestora cu autoritile publice, instituiile i orice persoan romn sau strin.
In Romania a lawyer is the person with legal higher qualification whose activity mainly
consists in assisting or representing natural persons and legal persons in their relations with
public authorities, institutions, and with any romanian or foreign person.
2.Att la nivel naional, ct i internaional, n exercitarea dreptului la aprare, avocatul
are dreptul i obligaia s asigure prin toate mijloacele legale liberul acces la justiie, un proces
echitabil soluionat ntr-un termen rezonabil.
At above national and international level, when exercising the right to defence, the
lawyer has a right and duty to ensure through all legal means free access to justice, a fair trial
within a reasonable time.
3.Intrarea n profesie presupune 2 etape: dobndirea calitii de avocat i nscrierea n
barou n vederea exercitrii efective a profesiei.
Admission to the legal profession inplies two stages: acquiring the status of lawyer and
registering in the bar for the actual exercise of the profesion.

4.Contractul de asisten juridic ncheiat ntre avocat i clientul su reprezint acordul de


voin expres exprimat i ncheiat ntre forma de exercitare a profesiei de avocat i client, prin
care avocatul accept mandatul acordat de clientul su, n temeiul cruia se oblig s efectueze
tot ceea ce este necesar i legal n vederea asigurrii drepturilor, libertilor i intereselor legitime
ale persoanei fizice sau juridice contractante.
The legal assistance contract concluded between the lawyer and his client represents the
mutual agreement expressly set out and concluded between the form of exercising lawyers
profession and the client, under which the lawyer agrees to represent the client, representation on
the basis of which he undertakes all that is necesarily and legal in order to ensure the protection
of the legitimate rights, freedoms and interests of the contracting natural or legal person.
ntrebri
1.Are there any differences between a lawyer and an attorney-at-law?
An attorney-at-law is a lawyer qualified to represent clients in legal proceedings in the
US, while the term lawyer is covering both solicitor and barrister.
2.Does a lawyer differ from a solicitor or a barrister?
No, the term lawyer is covering both solicitor and barrister.
3.What is a counsel?
A counsel is a barrister who is intructed by a solicitor to prepare a document known as
instructions to counsel or a brief to counsel.
4.Which are the main branches of the legal profession in England and Wales?
The main branches are solicitors and barristers.
5.What particular activities does a work of a barrister cover?
A barrister is a specialist in advocacy that represents his client in court and also provides
specialist legal advice. Also, the barristers increasingly specialise in particular areas of law such
as commercial law, criminal law, chancery law (estates and trust).
6.Which are the training stages for a barrister?
The training stages for a barrister are the academic stage, vocational stage and pupillage.
The academic stage consists in a degree in law (three years full-time), or in any other
subject followed by the conversion course (Graduate Diploma in Law); the vocational stage
consists in the Bar Professional Course, one year full-time or two years part-time; the pupilage is
one year in an authorised pupillage training organisation (barristers chambers or another
approved legal environment).
7.What is a QC?
A QC is a Queens Counsel. When a member of the Inn is appointed a QC, he is called
into the bar.
8.What are the Inns of Court?
The Inns of Court have the sole right to call members to the Bar and also deal with the
discipline of barristers, including the severe sanction of removing a barrister (Middle Temple,
Inner Temple, Grays Inn, Lincolns Inn).
9.What particular activities does the work of a solicitor cover?
The solicitors undertake the general aspects of giving legal advice and conducting legal
proceedings, they have the rights of audience in the lower courts and, if they have acquired
appropiate advocacy qualification, in the higher courts. They also prepare cases for barristers to
present in superior courts.

10.Which are the training stages of a solicitor?


The training stages for a solicitor are the academic stage, vocational stage and practice
based training.
The academic stage consists in a degree in law (three years full-time) or in any other
subject followed by the Common Professional Examination/Graduate Diploma in Law; another
route is through the Institute of Legal Executives. The vocational stage consists in the Legal
Practice Course one year full-time. Practice based training (training contract) incorporates the
Professional Skills Course two years full-time.
THE COURT SYSTEM
Traducere
1.O funcie important a justiiei o constituie posibilitatea controlului constituionalitii
legilor. Magistratura este activitatea desfurat de judectori n scopul nfptuirii justiiei i de
procurori n scopul aprrii intereselor generale ale societii, a ordinii de drept i a drepturilor i
libertilor cetenilor.
An important function of justice is the possibility of the judicial review of laws.
Magistracy is the activity performed by judges with the purpose of doing justice and by
prosecutors with the purpose of defending the general interests of the society, the order and the
citizens rights and freedoms.
2.Judectorul este persoana cu studii juridice superioare care n condiii prevzute de lege
este nvestit n funcie de ctre stat prin reprezentanii si constituionali i avnd drepturi i
obligaii specific ce deriv direct din Constituie i din lege i care au dreptul i responsabilitatea
aplicrii legii n cadrul sistemului instanelor judectoreti.
A judge is a person with higher legal education who, as provided by law, is invested in
office by state through its constitutional representatives, with specific rights and duties deriving
from (arising out of) the Constitution and the law, with the right and responsibility to enforce the
law within courts systems.
ntrebri
1.How can courts be classified?
Courts can be classified at several levels:
-civil courts and criminal courts;
-original jurisdiction courts and appellate jurisdiction courts;
-superior courts and inferior courts.
2.Which are the courts of original jurisdiction?
The courts of original jurisdiction are: the magistrates courts, county courts, the Crown
Court and High Court.
3.Magistrates Courts
They primarily have a criminal jurisdiction, as well as limited civil jurisdiction. They are
also responsible for the enforcement of fines and community punishments.
4.County Courts
The county court deals with civil matters and its jurisdiction is set out in statute.

5.The Crown Court


The Crown Court deals with more serious criminal cases (murder, rape, robbery), some
of which are on appeal or referred from magistrates courts. As a court of appellate jurisdiction,
the Crown Court hears appeals against decisions of magistrates courts.
6.The High Court
The High Court deals with higher level civil disputes within three divisions (the Queens
Bench Division, the Chancery Division, the Family Division) and deals with other jurisdictions
including the Administrative Court. It has unlimited jurisdiction in civil matters, but it also has
important appellate and reviewing jurisdiction in respect of criminal matters.
7.The Court of Appeal
The Court of Appeal deals with civil appeals from the High Court and the county court,
as well as appeals from certain tribunals (Employment Appeals Tribunal). Criminal appeals
include appeals against convictions in the Crown Court, and points of law referred by the
Attorney General following acquittal in the Crown Court or where the sentence imposed was
unduly lenient.
8.The Supreme Court
The Supreme Court assumes jurisdiction on points of law for all civil law cases in the UK
and all criminal cases in England and Wales and Northern Ireland. Before the creation of the
Supreme Court, the highest court of appeal was the House of Lords. As an appeal court, the
Supreme Court cannot consider a case unless a relevant order has been made in a lower court.

INTRODUCTION TO LAW
law drept, lege
right drept subiectiv
rules reguli
laws legi
regulations reglementri
to regulate a reglementa
regulatory framework cadru de reglementare
norms norme
conduct norms norme de conduit
to establish (to set up) a stabili
to sanction a sanciona
to enforce a pune n aplicare
coercive power for de constrngere
relations raporturi
party parte
natural person persoan fizic
legal person persoan juridic
to be rooted in a-i avea rdcinile n
crime (offence) infraciune
to prohibit a interzice
penalty (sanction) sanciune
to jeopardize a periclita
for the purpose of n scopul (cu scopul)
to inflict a punishment on a aplica o pedeaps
to commit a svri
criminal (offender) infractor
to exercise a exercita
to arise a aprea
in force n vigoare
to come into force a intra n vigoare
custom obicei
court instan
grounds motive, temeiuri
scholar savant
prevalent ntietate
infringement nclcare
to infringe a right a nclca un drept
legal and factual de drept i de fapt
environmental protection protecia mediului
law-abiding citizen cetean care respect legea
to disfranchise a pierde drepturi civile

THE COMMON LAW


source of law izvor de drept
to adopt (to pass) a norm a adopta o lege
customs obiceiuri, cutume
bodies organisme
adjudication luarea unei decizii
whereby prin care
justices judectori
assizes curte cu juri, magistrai
forfeiture confiscare
fine amend
revenue venituri
court of record curte cu sesiuni publice
jurisdiction competen
abolished desfiinat
to come into being a lua fiin
CONSTITUTIONAL LAW
to alter a modifica
to repeal a abroga
as subsequently amended cu modificri ulterioare
judicial review control al constituionalitii
impeachment acuzaie adus unui nalt demnitar
term of office mandat
primary election alegeri generale
by-election alegeri pariale
voting booth cabin de vot
polling station secie de votare
constituency circumscripie electoral
rule of law supremaia legii
Bill of Rights Carta de drepturi, primele 10 amendamente din Constituia SUA
bill proiect de lege
to bring a bill a face o propunere de lege
Upper House camera lorzilor
Lower House camera comunelor
assent consimmnt
whip un membru al parlamentului care determin pe colegii de partid s se prezinte n
parlament
framers fondatori
to hold a organiza
resignation demisie
powers atribuii
to adjudicate on a se pronuna asupra
upon notification by la sesizarea
ex officio din oficiu
advocate of the people avocatul poporului
Standing Orders of Parliament regulamente ale parlamentului

chamber camer a parlamentului


objection excepie
to raise (to bring up) an objection a ridica o excepie
comercial arbitration arbitraj comercial
arbitral award decizie a unui tribunal arbitral
resolutions hotrri
to pass a bill a adopta un proiect de lege
emergency procedure procedur de urgen
within 20 days n termen de cel mult 20 de zile
BRITISH PARLIAMENT
chaired prezidat
ballot vot
Shadow Leader posibil lider
backbenchers membri ai parlamentului care nu dein funcii importante
ELECTIONS AND VOTING
to turn a mplini
to meet a requirement a ndeplini o condiie
CRIMES
statute text de lege
omission inaciune
summary offences infraciuni uoare
indictable offences infraciuni grave
criminal mischief vandalism
arson incendiere
larceny (theft) furt
embezzlement abuz de ncredere, fraud
robbery jaf
burglary spargere, intrare prin efracie
extorsion antaj
forgery fals
uttery uz de fals
slander insult
libel calomnie n scris
perjury s mini n instan, mrturie mincinoas
THE LEGAL PROFESSION
to draft a redacta
settlement rezolvare
brief dosar
counsel avocatul aprrii
right to defence drept la aprare
to ensure a asigura
fair trial proces echitabil
to rule on a soluiona
status calitate
to register a se nscrie
to conclude a ncheia un contract

contracting parties pri contractante


legal assistance asisten juridic
to terminate a denuna
legitimate legitim
to breach a nclca prevederile contractuale
on the basis (on the ground) n temeiul
mutual agreement acord de voin
to undertake a se obliga
THE COURT SYSTEM
original jurisdiction court instan de fond
appellate jurisdiction court instan de apel
to make an appeal a face o cale de atac
claim form cerere de chemare n judecat
defence ntmpinare
counterclaim cerere reconvenional
mortgage ipotec
judicial review control constituionalitii
magistracy magistratur
to perform (to carry out) an activity a desfura o activitate
to challenge a judgement (a decision) a declara apel
appeal cale de atac

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