I Badea S Lb. Engleza

UNIVERSITATEA DIN CRAIOVA
FACULTATEA DE DREPT
COMPARTIMENTUL ÎNVAŢĂMÂNT CU FRECVENŢĂ REDUSĂ
LECT. UNIV. DR. SIMINA BADEA
LIMBA ENGLEZĂ
Note de curs pentru IFR
Editura Universitaria Craiova

2016
Prezentul curs este protejat potrivit legii dreptului de autor şi orice folosire alta
decât în scopuri personale pentru studiu este interzisă de lege sub sancţiune
penală.
Descrierea CIP a Bibliotecii Naţionale a României

BADEA, SIMINA
Limba engleză: Curs pentru IFR / Simina Badea – Craiova: Universitaria, 2016.
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Cuprins
Lect. univ. dr. Simina BADEA
Limba engleză I ……………………………………………………………………….. 4
Limba engleză II ……………………………………………………………………….. 59
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I. Informaţii generale
Numele cursului: Limba engleză I
Codul cursului: D16DRFRL108
An, semestru: An I, Sem. I
Tipul cursului: Obligatoriu
Coordonatorul de disciplină: Lect.univ.dr. Simina Badea
Birou: Craiova, Facultatea de Drept, Calea Bucuresti nr.107 D, C 3.2.
E-mail: simina_badea@yahoo.com
Consultaţii: Luni 16-18
Introducere
Cursul de „Limba engleză” se predă în semestrul I, anul I, la Specializarea Drept, şi are ca scop
studierea şi aprofundarea terminologiei juridice engleze din principalele ramuri ale dreptului.
Obiective
Principalul obiectiv este dezvoltarea capacităţii studenţilor de a utiliza în mod adecvat şi în
context terminologia juridică engleză.
Rezultate aşteptate
să cunoască termenii juridici de bază din terminologia juridică engleză
să folosească, în construcţii clare şi coerente, structurile gramaticale specifice limbajului juridic
să îşi dezvolte abilităţile de comunicare verbală şi scrisă în limba engleză la nivel academic, în
domeniul dreptului
Structura cursului
Cursul este structurat pe 14 module în care se regăsesc cunoştinţe necesare dezvoltării
vocabularului juridic englez.
Modulul Tema
1 Introduction to Law
2 Law and morality
3 Types of Law (I)
4 Types of Law (II)
5 The Common Law
6 Sources of English Law (I)
7 Sources of English Law (II)
8 Constitutional Law: British Constitution and Government
9 Constitutional Law: US Constitution and Government
10 Constitutional Law: the Romanian Constitution
11 The British Parliament: The House of Lords
12 The British Parliament: The House of Commons
13 Bills
14 Revision
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Formatul şi tipul activităţilor implicate de curs
Parcurgerea temelor de curs va presupune atât întâlniri faţă în faţă cu studenţii, cât şi studiu
individual. Întâlnirile reprezintă un sprijin direct acordat de către profesor studentului. În ceea
ce priveşte activitatea individuală, aceasta se va concretiza în parcurgerea materialelor
obligatorii şi în rezolvarea sarcinilor şi exerciţiilor obligatorii. Studenţii au libertatea de a-şi
gestiona singuri timpul pentru parcurgerea temelor stabilite astfel încât acesta să fie suficient
pentru însuşirea şi sedimentarea cunoştinţelor dobândite.
Competenţe obţinute
• Cunoaşterea vocabularului de bază din principalele ramuri de drept;
• Dezvoltarea capacităţii de înţelegere şi interpretare a unui text juridic în limba engleză;
• Înţelegerea evoluţiei istorice a dreptului anglo-saxon în comparaţie cu sistemele juridice de
sorginte romană;
• Aprofundarea terminologiei juridice din dreptul constituţional;
• Dezvoltarea abilităţii de a înţelege şi concilia puncte de vedere diferite;
• Proiectarea, conducerea şi evaluarea activităţilor practice specifice; utilizarea unor metode,
tehnici şi instrumente de investigare şi de aplicare.
Informaţii evaluare
Evaluarea studenţilor se realizează în mod continuu pe întreg parcursul anului universitar, prin
intermediul următoarelor activităţi: participarea activă a studenţilor la seminar; verificarea
continuă a cunoştinţelor dobândite; rezultatul/rezultatele obţinute la testarea/testările
semestriale; evaluarea finală
Evaluarea finală se realizează conform formei de verificare prevăzută în planul de învăţământ .
Nota finală va fi calculată având în vedere cele două note şi ponderarea (20% şi 70%) conform
algoritmului: (nota evaluare parcurs x0,2) + (notă evaluare finală x0,7)+1p (pentru
îndeplinirea procentului de prezenţă). Exemplu: (6x0,2) + (8x0,7) + 1 =1,2 +5,6+1 =7,8.
Instrucţiuni privind parcurgerea resursei de învăţământ

Suportul de curs conţine toate informaţiile necesare însuşirii cunoştinţelor de limba engleză
juridică. Conţinutul este structurat în module, în cadrul fiecărui modul regăsindu-se mai multe
unităţi de învăţare, în aşa fel încât să eşaloneze şi să faciliteze parcurgerea materialului şi
însuşirea sa. Pentru parcurgerea acestei resurse se recomandă următoarea succesiune:
1. Citirea, cu atenţie, a fiecărei unităţi şi consultarea recomandărilor bibliografice.
2. Parcurgerea rezumatului fiecărei unităţi de studiu.
3. Rezolvarea temelor de autoevaluare (pentru fiecare unitate de studiu).
4. Rezolvarea testului de autoevaluare (pentru fiecare modul).
5. Pregătirea schemei de discuţie pentru seminar.
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II. Suport curs
Modulul I.
INTRODUCTION TO LAW
Unitatea de învăţare:
1. What is law?
2. Law and right
3. Jurisprudence
4. Functions of law
5. Other means of social control
Timp alocat: 1 h
Bibliografie:
1. Badea, Simina, Legal English - A Practical Approach, Editura Universitaria, Craiova, 2014, p.
7-11.
2. Badea, Simina, English for Law Students – Curs practic de terminologie juridică şi limba
engleză, Ediţia a III-a revăzută, Editura Universitaria, Craiova, 2010, p. 3-13.
3. Lister, R.; K. Veth, Dicţionar juridic român-englez, englez-român, Traducere: Roxana
Dinulescu, Editura Niculescu, Bucureşti, 2010.
4. *** Oxford Dictionary of Law, 6th edition, Oxford University Press, Oxford, 2006.
Obiectivele modulului
Dupǎ studiul acestei unitǎţi de învǎţare veţi reuşi sǎ:
înţelegeţi noţiuni esenţiale din engleza juridică: law (drept, lege), law vs. right, noţiunea de
jurisprudenţă, funcţiile dreptului, alte mijloace de control social
dezvoltaţi o perspectivă asupra acestor noţiuni şi a relaţiilor dintre ele
descoperiţi termenii echivalenţi din limba română
vă familiarizaţi cu elementele predate prin activităţi aplicative
vă dezvoltaţi abilităţile de comunicare în limba engleză pe teme cu caracter juridic
What is law?
Law can be defined as the discipline and profession concerned with the customs, practices,
and rules of conduct of a community that are recognized as binding by the community.
Enforcement of the body of rules is through a controlling authority (Encyclopaedia Britannica).
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Other definitions of law (R. ”drept”, ”lege”):
”1. the enforceable body of rules that govern any society; 2. one of the rules making up the
body of law, such as an Act of Parliament .” (Oxford Dictionary of Law)
”1. the legislative pronouncement of rules to guide one’s actions in society; 2. the total of
those rules of conduct put in force by legislative authority or court decisions, or established by local
custom.” (Barron’s Dictionary of Legal Terms)
” 1. the regime that orders human activities and relations through systematic application of
the force of politically organized society, or through social pressure, backed by force, in such a
society; the legal system; 2. the aggregate of legislation, judicial precedents, and accepted legal
principles; the body of authoritative grounds of judicial and administrative action; 3. the set of rules
or principles dealing with a specific area of a legal system; 4. the judicial and administrative
process; legal action and proceedings (...).” (Black’s Law Dictionary)
Law and right

It is important to distinguish from the very beginning between law and right, since they can
be both translated into Romanian as ”drept”. If law has been previously explained, the definition of
a right can be formulated as follows:
”1. title to or an interest in any property; 2. any other interest or privilege recognized and
protected by law; 3. freedom to exercise any power conferred by law.” (Oxford Dictionary of Law)
Jurisprudence
The answer to the question “What is law?” concerns an entire field of study known as
jurisprudence.
The term comes from Latin ‘juris prudentia’, meaning “the study, knowledge or science of
law”.
Scholars of jurisprudence or legal theorists raise fundamental questions about law (questions
such as “What should be prevalent, written rules and regulations or unwritten principles derived
from tradition, moral concepts, historical practice?”), seeking to analyze various branches of law, to
contrast it with other fields of knowledge, to offer deeper insight into the nature of law, legal
systems and institutions.
Jurisprudence also denotes the course of judicial decisions, i.e. case law, as opposed to
legislation.
Every society, every community that has ever existed has recognized the need for rules,
either in written or unwritten form. These rules are essential if the community is to work, they come
into being in various forms. When some people have the power, the authority to enforce a rule, it
will acquire the status of a “law”.
Functions of law
Without laws, the world would be a total chaos, therefore the primary function of law is to
maintain stability. There is a wide range of functions that law serves. For instance, laws against
crimes help to maintain a relatively stable and safe society, in which sanctions are used as means
whereby the decisions of the courts are enforced.
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In an economic society based on the exchange of goods and services, law facilitates
business activities and voluntary agreements (contracts).
Law has also been used as a mechanism of social change, protecting rights, inhibiting
discrimination and improving the quality of individual life. This does not mean that all laws are
totally fair or good and even if the laws are just, they are not always enforced properly.
Other means of social control

Besides formal legal rules, there are other means of social control and guides for behaviour
such as mores, morality, public opinion and custom or tradition.
MORES are the accepted social rules, prescribing behaviour of individuals in society. They
are part of the folkways of a people. When people violate mores, this leads to the imposition of
various sanctions such as ostracism or other kinds of punishment.
PUBLIC OPINION is the voice of the people and it thus mirrors the attitudes and
perspectives of a population toward events, circumstances, and issues of mutual interest. It is
characteristically measured by the sample survey or public opinion poll.
Concluzii:
In its most general sense, the term law can be defined as a set of official rules or regulations
used to govern a society and to control the conduct of its members.
It is important to distinguish between law and right, since they can be both translated into
Romanian as ”drept”.
The term jurisprudence comes from Latin ‘juris prudentia’, meaning “the study, knowledge
or science of law”. Jurisprudence also denotes the course of judicial decisions, i.e. case law, as
opposed to legislation.
Without laws, the world would be a total chaos, therefore the primary function of law is to
maintain stability, but there are also other functions that law serves.
Besides formal legal rules, there are other means of social control and guides for behaviour
such as mores, morality, public opinion and custom or tradition.
Test de autoevaluare:
1. What is law? – 2 puncte
2. Which is the difference between law and right? How do you translate the two terms into
Romanian? – 2 puncte
3. Which are the two meanings of the term jurisprudence? - 2 puncte
4. Give examples of functions of law. – 2 puncte
5. Can you name other means of social control? – 2 puncte
Traduceri: 1. Dreptul reprezintă totalitatea regulilor, normelor de conduită stabilite sau

sancţionate de stat şi care sunt puse în aplicare prin forţa de constrângere a statului.
Răspuns: Law is the body of rules, conduct norms, established or sanctioned by the state
and enforced by the coercive power/ authority of the state.
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2. Dreptul subiectiv se referă la prerogativa recunoscută de lege persoanelor fizice sau
juridice prin care acestea pot pretinde subiectelor pasive să dea, să facă sau să nu facă ceva,
folosind, la nevoie, aparatul de constrângere al statului.
Grile:
1. Law can be defined as:
a. a body of rules and principles governing the affairs of a community and enforced
by a political authority; a piece of enacted legislation
b. enacting legislation
c. a power, interest or privilege secured to a person and protected by law
2. A right refers to :
a. the condition of social order and justice created by adherence to a legal system
b. one of the rules making up the body of law
c. a power, interest or privilege secured to a person and protected by law
3. The term jurisprudence:

a. comes from Greek ‘juris prudentia’
b, means “the study, knowledge or science of law”.
c. is not the same as case law.
4. It is not a function of law:

a. dispute resolution
b. protection of property
c. to preserve old social mechanisms
5. The following is/are not other means of social control:

a. mores
b. the Civil Code and the Criminal Code
c. custom
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Modulul II.
LAW AND MORALITY
1. Development of law
2. Law and morality
Timp alocat: 1 h
Bibliografie:
înţelegeţi aspecte juridice noi: evoluţia dreptului, relaţia dintre drept şi morală
vă familiarizaţi cu tema prin activităţi aplicative
Development of law
Society evolves and so does law. Even primitive societies felt the need for rules, rooted in
traditions and customs. A sort of law – a blend of custom, morality, religious ideals and magic
rituals and beliefs – governed the simplest communities. In the absence of courts and legislature,
the supreme authorities were the chief and the gods. Kinship and the sharing of the same beliefs and
superstitions bonded together the members of a tribe.
Early law was fundamentally custom based. There were two types of wrongs: against the
tribe and against individuals, the latter being usually avenged by the family of the victim.
The customs, beliefs or needs of primitive times established a rule or a formula. Generally,
over the centuries, the custom or belief was forgotten, but the rule remained, adapting itself to the
new reasons and entering on a new career. Every time, the old form receives a new content, then the
form modifies itself to fit the meaning which it has received. This is how law evolves.
It is commonly known that the early forms of legal procedure were grounded in
vengeance. Modern writers have thought that the Roman law started from the
blood feud, and all the authorities agree that the German law began in that
way.The feud led to the composition, at first optional, then compulsory, by which
thefeud was bought off. The gradual encroachment of the composition may be
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traced in the Anglo-Saxon laws, and the feud was pretty well broken up, though
not extinguished, by the time of William the Conqueror. The killings and house-
burning of an earlier day became the appeals of mayhem and arson. The
appeals de pace et plagis and of mayhem became, or rather were in substance
the action of trespass which is still familiar to lawyers. But as the compensation
recovered in the appeal was the alternative of vengeance, we might expect to
find its scope limited to the scope of vengeance. Vengeance imports a feeling of
blame, and an opinion, however distorted, can hardly go very far beyond the
case of a harm intentionally inflicted: even a dog distinguishes between being
stumbled over and being kicked.
(W. Holmes, Jr. – The Common Law)
Law and morality

A lawmaker may ceratainly respond to public opinion or other pressures, and a formal law
may prohibit what is morally wrong and unacceptable. Thus, the relationship of law to morals is
crucial in order to understand the law. The rules of morality depend on the force of public opinion,
but they are not enforced by the courts.
Any legal system is influenced by traditional ideas of right and wrong. Most people would
condemn murder, theft regardless of what the law says. Yet, what is considered immoral is not
necessarily illegal. For example, lying to a friend may be immoral, but is rarely illegal.
Discussion:
The case of the shipwrecked sailors
Three sailors on an ocean-going freighter were cast adrift in a life raft after their
ship sank during a storm in the Atlantic Ocean. The ship went down so suddenly that
there was no time to send out an S.O.S. As far as the three sailors knew, they were the
only survivors. In the raft they had no food or water. They had no fishing gear or other
equipment that might be used to get food from the ocean.
After recovering from the shock of the shipwreck, the three sailors began to
discuss their situation. Dudley, the ship’s navigator, figured that they were at least one
thousand miles from land and that the storm had blown them far from where any ships
would normally pass. Stephens, the ship’s doctor, indicated that without food they could
not live longer than thirty days. The only nourishment they could expect was from any
rain that might fall from time to time. He noted, however, that if one of the three died
before the others, the other two could live awhile longer by eating the body of the third.
On the twenty-fifth day, the third sailor, Brooks, who by this time was extremely
weak, suggested that they all draw lots and that the loser be killed and eaten by the other
two. Both Dudley and Stephens agreed. The next day lots were drawn and Brooks lost. At
this point, Brooks objected and refused to consent. However, Dudley and Stephens
decided that Brooks would die soon anyway, so they might as well get it over with. After
thus agreeing, they killed and ate Brooks.
Five days later, Dudley and Stephens were rescued by a passing ship and brought
to port. After recovering from their ordeal, they were placed on trial for murder.
The state in which they were tried had the following law: Any person who
deliberately takes the life of another is guilty of murder.
(from Street Law)
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1. How would you describe early forms of law and legal procedure? – 2 puncte
2. Is there a relation between law and morality? – 2 puncte
3. Should Dudley and Stephens be tried for murder? What would you have done if you had been
one of them? – 2 puncte
4. As an attorney for Dudley and Stephens, what arguments would you make on their behalf/ for
their defense? As an attorney for the state, what arguments would you make on the state’s behalf/
for their prosecution? – 2 puncte
5. If they are convicted, what should their punishment be? – 2 puncte
Grile:
1. One sometimes wonders if there is any ... in politics.
a. moral
b. morale
c. morality
2. The word vengeance means:

a. revenge
b. venture
c. avenger
3. “Blood feud” refers to:

a. long-lasting quarrel between people or families
b. corruption of blood
c. massacre
4. Encroachment has the meaning:

a. breach
b. fulfillment
c. development.
5. Mayhem has as a synonym:

a. the month of May
b. disorder
d. murder
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Modulul III.
TYPES OF LAW (I)
1. The main distinction: civil law vs. criminal law
2. Grammar: the article
Timp alocat: 1h
Bibliografie:
engleză, Ediţia a III-a revăzută, Editura Universitaria, Craiova, 2010, p. 13-20, 90-96.
înţelegeţi distincţia principală dintre dreptul civil şi dreptul penal
vă actualizaţi cunoştinţele de gramatică (articolul)
Types of law: civil law and criminal law
As legal systems develop, the various rules tend to fall into two main categories, criminal
law and civil law, and the objectives of each, although closely connected, are different.
1) Criminal law regulates public conduct and sets out duties owed to society. It is a branch
of law that defines crimes, establishes punishments, and regulates the investigation and prosecution
of those who are accused of committing crimes. It also seeks to prevent physical harm, death or
bodily injury, danger to the government, the loss of or damage to property, disturbance of the
public peace and order etc, but it does not compensate the victim, except perhaps incidentally.
Criminal laws have penalties requiring that offenders should be imprisoned, fined, placed under
supervision, or punished in some other way. A criminal case is a legal action that the government
takes against a person charged with committing a crime.
Criminal law includes both substantive law and criminal procedure which regulates the
implementation and enforcement of substantive law.
Substantive law is the positive law that creates, defines and regulates the rights and duties
of the parties and that may give rise to a cause of action, as distinguished from adjective law that
pertains to and prescribes the practice and procedure of the legal machinery by which the
substantive law is determined or made effective. For example, substantive law defines what act
constitutes murder or what punishment a murderer should receive.
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Criminal procedure is concerned with the legal rules followed and the steps taken to
investigate, apprehend, charge, prosecute, convict, and sentence to punishment individuals who
violate substantive criminal law. For example, criminal procedure describes how a murder trial
must be conducted.
2) Civil law has a complementary function. The term applies to all legal proceedings that
are not criminal in nature. As private law, it is not only opposed to criminal law, but also to
administrative law, military law, and ecclesiastical law. Under this definition, laws regulating
marriage, divorce, contracts, real estate, insurance, consumer protection and payment for personal
injury are examples of civil law.
Civil laws regulate relations between individuals or groups of individuals. A civil action
(lawsuit) can be brought when one person feels wronged or injured by another person. If a dispute
arises between two individuals, each believing himself or herself to be in the right, a quarrel may
ensue and violence or other criminal conduct may result. To prevent this, rules of civil law were
developed in order to determine which of the two parties was in the right. Courts may award the
injured person money for his or her loss, or it may order the person who committed the wrong to
make redress by compensating the other for any loss he or she may have caused. The object of the
civil law therefore is to resolve disputes and give a remedy to the person wronged, not to punish
wrongdoers.
In some cases, one action can violate both civil and criminal law. Thus, a person’s wrongful
and harmful act can invoke both criminal and civil responses. For example, if Tom beats up Bob, he
may have to pay Bob’s medical bills under civil law and may be charged with the crime of assault
under criminal law.
Another example: If A is alleged to have driven carelessly and injured B, two types of issue
arise. Careless driving is conduct which has been made a criminal offence and A may be prosecuted
by the Crown (in the UK) or the State (in the US) in a criminal court and, if found guilty of the
offence, punished. The issue whether A has caused loss to B through negligence and should
therefore pay B compensation will be determined in a separate civil action brought by B in a civil
court, although in this type of situation the loss will normally be met by A’s insurance company.
Concluzii:
Criminal law is a branch of law that defines crimes, establishes punishments, and regulates
the investigation and prosecution of those who are accused of committing crimes.
Criminal law includes both substantive law and criminal procedure which regulates the
implementation and enforcement of substantive law.
Civil law refers to all legal proceedings that are not criminal in nature.
Civil laws regulate relations between individuals or groups of individuals. Courts may
award the injured person money for his or her loss, or it may order the person who committed the
wrong to make redress by compensating the other for any loss he or she may have caused. The aim
of the civil law is to resolve disputes and give a remedy to the person wronged.
In some cases, one action can violate both civil and criminal law.
1. Which are the main branches of law? – 2 puncte
2. Which is the purpose of criminal law? – 2 puncte
3. Under what law is a wronged person given remedy? – 2 puncte
4. Provide an illustration of an action that can violate both civil and criminal law. – 2 puncte
5. Fill in the blank spaces with the appropriate articles (definite, indefinite, zero): – 2 puncte
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… Schengen Agreement is another example of …blurring of … distinction between
…intergovernmental and supranational organizations. When first adopted on …June 14, 1985,
…Schengen Agreement was based purely on intergovernmental co-operation between …France,
…Germany and … three Benelux countries, without any involvement of … Community
institutions, despite the fact that the subject matter of the agreement was … logical product of
…evolution of …Communities. By … Protocol to … Treaty of Amsterdam … original Schengen
Agreement, as well as … various subsequent agreements and protocols and certain decisions and
declarations adopted pursuant to those instruments, have now been incorporated into … legal and
institutional structure of … European Union, including powers for … Court of Justice to exercise
… judicial review in certain matters. …Schengen Agreement can thus properly be regarded as part
of European Community law.
Traduceri: 1. Dreptul s-a născut din realităţile umane în dimensiunile lor economice şi
sociale, politice şi culturale.
Răspuns: Law came into being out of human realities in their economic and social, political
and cultural dimensions.
2. Uneori se vorbeşte despre drept ca despre un ideal, o finalitate a acţiunii umane, ca despre
un ansamblu de valori care se impun oricărei autorităţi. Această concepţie este subsumată noţiunii
de “drept natural” sau “drept universal” care reprezintă totalitatea principiilor bazate pe ceea ce se
consideră a fi caracteristicile permanente ale naturii umane şi care pot servi drept etalon de evaluare
a comportamentului şi legilor civile.
1. El este judecător, nu avocat.
2. Dreptul nu poate fi confundat cu morala.
3. Legile guvernează societatea.
4. Dreptul civil este acea ramură a dreptului care reglementează atât raporturi patrimoniale,
cât şi nepatrimoniale.
5. Dreptul civil stabileşte condiţia juridică a persoanei fizice şi a altor subiecte care iau parte
la raporturile juridice civile.
6. Dreptul penal interzice, ca infracţiuni, sub sancţiuni specifice, acţiunile sau inacţiunile ce
pun în pericol valorile sociale, în scopul apărării acestor valori.
7. Prin legile penale sunt aplicate pedepse persoanelor care săvârşesc infracţiuni.
8. Relaţiile sociale dintre individ şi stat apar în procesul instaurării, menţinerii şi exercitării
statale a puterii.
9. Administraţia publică reprezintă activitatea prin care se organizează, se execută şi se
garantează aplicarea legii până la fapta materială.
10. Sursa primară a dreptului european o constituie tratatele.
Grile:
1. Criminal law:
a. defines offences, provides remedy, regulates the investigation and prosecution of
those who are accused of committing offences
b. defines offences, inflicts punishments, regulates the investigation and prosecution
of those who are accused of committing offences
c. resolves disputes and provides remedy
2. Criminal law does not:

a. prevent physical harm, death or bodily injury
b. have penalties
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c. award the injured person money for his loss
3. Criminal law includes:

a. both substantive law and criminal procedure
b. both adjective law and criminal procedure
c. the enforcement of law
4. A lawsuit can be brought:

a. when one person feels wronged or injured by another person
b. when the government takes action against a person charged with committing a
crime
c. both
5. Civil law rules:

a. establish which of the two parties was in the right
b. establish if the state was in the right
c. establish what punishment an offender should receive
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Modulul IV.
TYPES OF LAW (II)
1. public law and private law;
2. civil law and criminal law;
3. substantive law and adjective law.
Timp alocat: 1 h
Bibliografie:
14-21.

dobândiţi termenii juridici care fac referire la principalele ramuri ale dreptului
Types of law
There are three main distinctions between:
- public law and private law;
- civil law and criminal law;
- substantive law and adjective law.
a) Public law is the body of law which governs the relations between private individuals
and the state. It consists of constitutional law, criminal law and administrative law taken together.
The main categories of public law are:
• Criminal law, which is the body of law defining offences against the community as a whole,
regulating how suspects are investigated, charged and tried, and establishing punishments for
convicted offenders.
• Constitutional law, which regulates the way the law itself operates and the relations between
private citizens and government.
• Administrative law, which refers to the law governing the organization and operation of the
executive branch of government and the relations of the executive with the legislature, the
judiciary and the public.
Private law is the body of law dealing with private persons and their property and
relationships.
17
b) For practical purposes, the most significant distinction remains between civil law and
criminal law.
Civil law, as a form of private law, regulates civil or private rights, as opposed to criminal
law or administrative law.
The purpose of civil law is to settle disputes between individuals and to provide remedies to
the persons who feel wronged or injured, not to punish wrongdoers.
The state sets the general legal framework and provides the legal institutions to operate the
rights of individuals in such cases.
The main categories of English civil law are:
• Contracts, which represent binding agreements between people (or companies).
• Torts, which are wrongful acts committed by one individual against another individual’s
person, property or reputation. The law of tort is mainly concerned with providing
compensation for personal injury and property damage caused by negligence. It also protects
other interests, such as reputation, personal freedom, title to property and commercial interests.
• Trusts, which are arrangements whereby a settlor transfers property to one or more trustees,
who will hold it for the benefit of one or more persons (the beneficiaries, who may include the
trustee(s) or the settlor).
• Succession
• Family law
• Employment law etc.
Criminal law, as an aspect of public law, refers to acts deemed to be public wrongs which,
even when committed against an individual, are considered to harm the well-being of society.
Criminal law establishes the boundaries of acceptable and unacceptable conduct. A person who
fails to observe the criminal law is regarded as having committed an offence against society as a
whole. In point of terminology, crime or offence is a general term indicating non-compliance with
the law.
In some cases, an action can violate both civil and criminal law. For instance, a person who
has driven carelessly and injured another, will be liable to be prosecuted under the Road Traffic
legislation and will be responsible to the injured party in a civil action.
c) Substantive law and adjective law
The rules of substantive law are those legal rules guiding the courts in rendering decisions,
whereas the procedural rules (adjective or procedural law) are those rules by which the law is
enforced in the courts.
Substantive law means law in the strict sense. It deals with all other matters that are not
matters purely of practice and procedure, as opposed to adjective law.
Adjective law governs the machinery by which substantive law is enforced, namely the
rules of evidence and procedure in civil and criminal courts.
For example, if a man kills another, it is a question of substantive law as to whether the
appropriate charge is murder (killing with malice aforethought) or manslaughter (involuntary
manslaughter or in mitigating circumstances). Once he has been charged with either of these
crimes, the rules of procedure will govern: how his guilt should be proved; what evidence should be
admissible at his trial; how the evidence should be presented in court.
Concluzii:
There are three main distinctions between:
- public law and private law;
- civil law and criminal law;
- substantive law and adjective law.
18
Public law is the body of law which governs the relations between private individuals and
the state.
Private law is the body of law dealing with private persons and their property and
relationships.
Criminal law is the body of law defining offences against the community as a whole,
regulating how suspects are investigated, charged and tried, and establishing punishments for
convicted offenders.
Civil law, as a form of private law, regulates civil or private rights, as opposed to criminal
law or administrative law.
Substantive law means law in the strict sense. It deals with all other matters that are not
matters purely of practice and procedure, as opposed to adjective law.
Adjective law governs the machinery by which substantive law is enforced, namely the
rules of evidence and procedure in civil and criminal courts.
1. At how many levels can you distinguish between various law branches? – 2
puncte
2. Which are the main differences between civil law and criminal law? – 2 puncte
3. Categories of civil law. – 2 puncte
4. Substantive law vs. adjective law. – 2 puncte
5. What are torts? – 2 puncte
Traduceri: 1. Dreptul civil este acea ramură a dreptului care reglementează atât raporturi
patrimoniale, cât şi nepatrimoniale.
Răspuns: Civil law is that branch of law which regulates both patrimonial and non-
patrmonial relations.
2. Dreptul procesual civil cuprinde totalitatea normelor juridice care reglementează modul
în care se desfăşoară activitatea organelor judiciare, a părţilor şi a celorlalţi participanţi, precum şi
raporturile ce se stabilesc între aceştia în vederea soluţionării cauzelor civile şi executării hotărârilor
pronunţate în aceste cauze.
Dreptul penal cuprinde totalitatea normelor juridice care reglementează relaţiile de apărare
socială, prin stabilirea acţiunilor sau inacţiunilor ce constituie infracţiuni şi a pedepselor aplicabile
persoanelor care au săvârşit astfel de fapte.
Dreptul procesual penal se referă la ansamblul normelor juridice ca reguli de conduită
specifică, ce reglementează desfăşurarea procesului penal.
Grile:
1. Public law consists of those fields of law mainly concerned with the ... itself and
the relations between private individuals and the state.
a. legislature
b. public
c. state
2. Crimes are ... which the state has to prevent.

a. wrongs
b. offences
19
c. deeds
3. Private law mainly deals with the rights and ... of individuals.
a. titles
b. duties
c. abilities
4. A civil action can be ... when one person feels wronged or injured by another
person.
a. brought
b. begun
c. introduced
5. Adjective law governs such matters as how the case is to be presented, in what
court it shall ..., or when it is to be tried
a. present
b. perform
c) lie
20
Modulul V.
THE COMMON LAW
1. Common law
2. Equity
3. Statute law
Timp alocat: 1 h
Bibliografie:
22-29.

înţelegeţi noţiuni esenţiale din dreptul anglo-saxon: common law, equity, statute law
The Common Law
1. Definition
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 (Oxford
Dictionary of Law).
The term can be defined from several perspectives:
a. the system of law originating in England, as distinct from the civil or Roman law;
b. the unwritten law, especially of England, based on custom or court decision, as distinct
from statute law;
c. the law administered through the system of courts established for the purpose, as distinct
from equity, etc.
2. Historical background
21
The conquest of England by William Duke of Normandy in 1066 was a historic event with
overwhelming consequences throughout the centuries.
At the time of the Norman conquest, England had neither judicature nor legislature in a
mature form. The king’s council and the village meeting were the main decision-making bodies
which did not follow fixed rules, and matters were settled without any distinction between the
processes of adjudication, administration and legislation.
The doctrine of the precedent was unknown in the sense that decisions were not constrained
by the past and did not establish rules for the future, being instead subject to good order, custom
and due deliberation.
3. Origins of the common law
The origins of the common law can be traced back to the 12th century along with the rapid
development of the existing institutions.
After 1066, William had promised the English that they could keep their old laws. Unlike
Normandy, England was already a unified nation with a central government ruling through sheriffs
answerable to the king. The administration relied on written instruments under the king’s seal. The
taste for strong government came from the Normans, so that in less than a century after the
conquest, the rudimentary court of the Anglo-Saxon kings had grown to produce two great
departments of state, the Exchequer and the Chancery, as well as a judicial system whereby the
king’s justice was dispensed regularly by members of the king’s household.
William’s successors managed to increase the efficiency of their administration of the
kingdom by creating a more centralized and specialized form of government.
The unity and consistency of the common law were promoted by the early dominant
position acquired by the royal courts. Royal judicative power was delegated to mainly itinerant
justices, organised on circuits, who would travel round the country holding sittings called ‘Assizes’
in order to hear and settle cases waiting to be tried in the county towns and enforce the king’s
rights. Since forfeitures, fines and amercements became an important source of royal revenue, the
first of these circuits, known as ‘General Eyres’, were meant to raise this revenue and to enforce the
financial rights of the crown.
In its beginnings, the common law was the product of three permanent, static courts located
at Westminster: the Court of the Exchequer, the Court of the Common Pleas and the Court of the
King’s Bench.
At present, the jurisdiction of the former courts of Exchequer and of Common Pleas is
exercised by the King’s (Queen’s) Bench Division of the High Court of Justice.
Modern use of the term ‘common law’

The modern use of the term ‘common law’ is strongly connected with the notions of equity
and statute law.
In many situations, the rules of common law and those of equity overlap, and whenever
there is a conflict between the two types of rules, those of equity should prevail.
Equity
The definition of equity implies the following aspects:
a. The application of the dictates 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.
22
Equity stands for that part of English law originally administered by the Lord Chancellor
and later by the Court of Chancery, as distinct from that administered by the courts of common law.
Under the Judicature Acts 1873-1875, with the establishment of the High Court of Justice to
administer both common law and equity, the Court of Chancery was abolished.
Statute/ statutory 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.
Concluzii:
The term common law can be defined from several perspectives:
- the system of law originating in England, as distinct from the civil or Roman law;
- the unwritten law, especially of England, based on custom or court decision, as
distinct from statute law;
- the law administered through the system of courts established for the purpose, as
distinct from equity, etc.
Equity refers to:

- The application of the dictates of conscience or the principles of natural justice to the
settlement of disputes;
- 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.
1. How do you define common law? – 2 puncte
2. Which are the main meanings of the term ‘common law’?– 2 puncte
3. How is common law related to the three courts located at Westminster? – 2 puncte
4. Define equity. – 2 puncte
5. Define statute law.– 2 puncte
Traduceri: 1. Din punct de vedere istoric, dreptul anglo-saxon a luat fiinţă prin extinderea
competenţei instanţelor regale în toate regiunile din Anglia şi Ţara Galilor.
Răspuns: Historically, the common law emerged by the expansion of the jurisdiction of
royal courts to all regions of England and Wales.
2. S-a creat astfel un sistem de drept ‘comun’ întregii Anglii, spre deosebire de cutumele şi
legile locale, diferite de la o regiune la alta.
Termenul defineşte, de asemenea, totalitatea regulilor de drept complementare noţiunilor de
echitate şi acte legislative.
23
Grile:
1. The main use of the term ‘common law’ refers to:
a. the recourse to those rules derived from legislation
b. the recourse to those rules derived from case law
c. a system of law deriving from the Roman law system
2. The Normans:
a. held Assizes
b. were mainly concerned with establishing a strong central administration and
safeguarding the royal revenues
c. attempted to impose their law
3. The Court of the Exchequer.

a. was an itinerant court
b. was a static court
c. did not play a great part in the creation of the common law
4. Equity:
a. preceded the common law
b. developed out of statute law
c. was developed in England and followed in the United States
5. Statute law refers to:

a. the unwritten law applied to particular circumstances by the authorized powers of
the state
b. the written law applied to particular circumstances by the authorized powers of the
state
c. the application of the dictates of conscience or the principles of natural justice to
the settlement of disputes
24
Modulul VI.
SOURCES OF ENGLISH LAW (I)
1. Legislation
2. Case law
3. European Union law
Timp alocat: 1 h
Bibliografie:
29-34.

înţelegeţi care sunt principalele izvoare de drept englez
The main sources of UK law are:

• legislation (statute law)
• case law
• European Union law
Legislation (statute law) refers to enacted law, namely the law created by a legislature, i.e.
the British Parliament. This kind of enacted laws are called statutes.
Legislation may be direct (laws enacted by the legislature itself, i.e. Acts of Parliament) or
delegated legislation (rules or laws laid down by a body or person to whom the legislature has
delegated power to make such rules).
Case law
Case law is the law created by judges in the course of judicial decisions.
Since the legal system of England and Wales is a common law system, in each case, the
judges apply existing principles of law, following the precedent of earlier decisions. There is also a
25
hierarchy of precedent. Under the doctrine of stare decisis, a decision made by a higher court must
be followed by a lower court.
European Union law
The UK is a Member State of the European Union, therefore EU law takes precedence over
UK law.
An important source of law is the European Convention on Human Rights (ECHR). All
courts in the UK have to protect the rights identified in the ECHR.
The beginnings of statute law are due to Edward I (reigned 1272–1307), who has been
called the English Justinian because his civil enactments amended the unwritten common law.
Among Edward’s statutes, we should mention:

• The first Statute of Westminster (1275), which made jury trial compulsory in
criminal cases and altered land law.
• The Statute of Gloucester (1278) by which the jurisdiction of local courts was
limited.
• The second Statute of Westminster (1285), which made land an asset for purposes of
paying judgment debts, while also improving the law of administration of assets
upon death.
• The Statute of 1290, known by its opening words, Quia emptores
terrarum (“because sellers of lands”), which barred the granting of new feudal
rights, except by the crown.
In modern times the statutes issued before 1285 are sometimes treated as common law
rather than statute law, as these laws mostly restated existing law, providing more details, but
without making an entirely new law. Judges usually tried to construe the words of the statute as part
of the general law on the subject. Prior to the rise of the House of Commons, it also was difficult to
distinguish acts of Parliament from the decisions or resolutions of the royal council,
the executive authority. Some statutes were passed but never put into force, while others seem to
have been quietly ignored.
(adapted from Encycoplaedia Britannica)
Concluzii:
The main sources of UK law are:
• legislation (statute law)
• case law
• European Union law
1. Which are the main sources of English law? – 2 puncte
2. What is case law? – 2 puncte
3. What is the difference between direct legislation and delegated legislation? – 2
puncte
4. What is the role of the ECHR as source of law? – 2 puncte
5. Explain the following Latin expressions: stare decisis, ratio decidendi, obiter
dictum. – 2 puncte
26
Traduceri: 1. Noţiunea de izvor de drept are sensul de act juridic cu valoare normativă în
care sunt cuprinse regulile de drept.
Răspuns:
The notion of source of law has the meaning of legal act with a normative value, containing
legal rules.
2. Această noţiune are două sensuri: izvor material, prin care se înţeleg condiţiile materiale,
naturale de existenţă a societăţii, care dau conţinutul, esenţa dreptului şi izvor formal, adică formele
specifice de exprimare a normelor juridice prin care se determină voinţa care a stat la baza adoptării
lor.
Grile:
1. The principal legislature is the UK Parliament, which is ... in London.

a. found
b. based
c. situated
2. The legislative, executive and judicial power in the UK can only be operated
within the ... of EU law.
a. perspective
b. structure
c. framework
3. Case law involves the creation of law in the course of ...

a. deciding cases
b. rendering cases
c. proceedings
4. Some EU law becomes directly part of UK ... law without any domestic
proceedings.
a. domestic
b. internal affairs
c. household
5. ... has been called the English Justinian.

a. Henry VIII
b. Edward II
c. Edward I
27
Modulul VII.
SOURCES OF ENGLISH LAW (II)
1. Custom
2. Grammar: the noun (the number)
Timp alocat: 1 h
Bibliografie:
31-32.
înţelegeţi importanţa cutumei în dreptul englez
vă actualizaţi cunoştinţele de gramatică (substantivul - numărul)
Custom
Custom is the oldest source of English law. The most important customs were absorbed into
the common law very early, but judicial precedent replaced the 14th century custom.
Customs may be general (lying at the basis of common law) or local, local customs still creating
new law, though rarely.
In order to gain recognition and enforcement by the courts, a local custom must meet the following
requirements:
- to be reasonable;
- not contrary to any statute or any fundamental principle of law;
- observed as of right, i.e. nec vi, nec clam, nec precario (not by force, nor secretly, nor subject to
permission);
- to have been in force from ‘time immemorial’, i.e. from the end of Henry II’s reign in 1189, or to
have existed as long as a living person can remember, i.e. ‘beyond living memory’;
- definite in nature and scope;
- exercised continuously and without interruption;
- exercised peaceably;
28
- recognized as binding by those affected by it.
Number of Nouns
A) Variable nouns
Countable nouns are usually variable nouns, i.e. they have both a singular and a plural
form, can be used with the indefinite article, numerals, or other quantifiers (such as: many, few,
several), can take both a singular and a plural verb.
The plural of variable nouns is made by:
1) adding –s to the singular:

e.g. book – books, act – acts, boy – boys, judge – judges, house – houses [haus] – [hauziz]
2) –es added to the nouns ending in –o (preceded by a consonant), -ch, -sh, -(s)s, -z, -x.
e.g. church – churches, brush – brushes, kiss – kisses, buzz – buzzes, box – boxes, hero -
heroes
But: radio – radios (-o preceded by a vowel)
Note: Some words of foreign origin or abbreviated words ending in –o add –s only:
e.g. photo – photos
pro – pros
piano – pianos
3) –es added to nouns ending in –y preceded by a consonant (y is changed into i):
e.g. country – countries, city – cities
4) –(e)s added to nouns ending in –f(e) (which changes into –v):
e.g. calf – calves self – selves
elf – elves sheaf – sheaves
half – halves shelf – shelves
knife – knives thief – thieves
leaf – leaves wife – wives
life – lives wolf – wolves
loaf –loves
But: belief – beliefs handkerchief – handkerchiefs
chief – chiefs - handkerchieves
proof – proofs
5) vowel change:
e.g. man – men louse – lice
woman – women mouse – mice
foot – feet tooth – teeth
goose – geese
1) –en added to the singular:
e.g. child – children
ox – oxen
Note: The irregular plural of brother is brethren, used when referring to the members of a
religious group.
2) no ending (they have the same form in the singular and in the plural):
e.g. sheep, barracks, headquarters, means, series, species, works, deer, dozen, Chinese,
Portuguese, Vietnamese, Swiss etc.
A Chinese does not look like a Portuguese.
The Chinese live in Asia, the Portuguese live in Portugal.
But: a fish – two fish
29
- two fishes (when referring to different species, varieties)
3) Some words retain their original Greek or Latin plural forms:
e.g. Latin: Greek:
addendum – addenda analysis – analyses
matrix – matrices crisis – crises
stimulus – stimuli phenomenon – phenomena
But: formula – formulae/ formulas
Note 1: Some follow only the English rule:
e.g. dogma – dogmas
Note 2: Sometimes there are two plural forms with different meanings:
e.g. appendix – appendixes (medical terms)
- appendices (addition/s to a book)
9) In compound nouns, it is the noun that usually bears the plural mark or the last word is
made plural:
e.g. tax-collector – tax-collectors
break-in – break-ins
But: sister-in-law – sisters-in-law
woman dentist – women dentists
10) Some collective nouns have both a singular and plural form (family – families), but the
singular form can take a singular verb (when reference is made to a single group or unit) or a plural
verb (when reference is made to the component elements).
e.g. army, assembly, audience, class, committee, company, crew, family, government, jury,
party, troop etc.
This crew is large.
The crew were on board.
Note: When a possessive adjective is necessary, a plural verb + there is more usual than a
singular verb + its.
e.g. The jury is considering its verdict.
The jury are considering their verdict.
B) Invariable nouns
Uncountable nouns are invariable in form (they have a singular or a plural form), take a
singular or a plural verb and cannot be used with the indefinite article, numerals or other
quantifiers.
B1) Singular invariable nouns take a verb in the singular. To this category belong:
1) concrete uncountable nouns: bred, coffee, luggage, furniture, glass, meat, money, paper,
tea, water, wine, wood etc.
The money is on the table.
But: a coffee (a cup of coffee) – two coffees (two cups of coffee)
2) abstract uncountable nouns: advice, beauty, courage, hope, information, knowledge,
music, nonsense etc.
e.g. His knowledge of English is poor.
Note: These two categories of nouns are not used with a/ an but are often preceded by
some, any, little, much or by nouns such as bit, piece, item etc + of.
e.g. I need some advice. (not an advice)
a piece of advice/ information/ furniture
a piece/ lump of sugar
a piece/ sheet of paper
30
a bar of soap/ chocolate
3) nouns ending in –s:
- the noun news
- diseases such as measles, mumps
- certain games: billiards, ninepins (bowls)
- names of sciences (and other words ending in –ics): acoustics, ethics,
mathematics, politics etc.
e.g. The news is good.
Measles is a catching disease.
Mathematics is an exact science.
Note: One can say: a bit/ piece/ an item of news.
B2) Plural invariable nouns take a verb in the plural and include:
1) garments, tools and instruments consisting of two parts (“summation plurals”): braces,
jeans, pyjamas, trousers, binoculars, glasses, scales, scissors etc.
e.g. These trousers are too short for you.
Where are the scissors?
Note : When referring to one article of the above mentioned nouns, one can use a pair + of:
e.g. a pair of jeans/ trousers/ scissors/ scales etc.
2) other “pluralia tantum” among which: arms (=weapons), damages (=compensation),
earnings, greens, outskirts, pains (=trouble, effort), premises, quarters, spirits, surroundings,
valuables etc.
Note: Sometimes “pluralia tantum” and: summation plurals” have the same form as the
plural form of countable nouns:
e.g. colour sg. – colours pl.
- colours pl. tantum (the official flag of a country, ship etc)
compass sg. = busolă; pl. compasses pl. busole
- compasses (summation plural) = compas
3) nouns deriving from adjectives: the rich, the injured, the poor, the wounded
e.g. The wounded are suffering.
4) unmarked plurals: cattle, clergy, horse, infantry, people, police, vermin.
e.g. The police are following the thief.
People enjoy watching TV.
But: the peoples of Africa
Concluzii:
Custom is the oldest source of English law. Customs may be general (lying at the basis of
common law) or local, local customs still creating new law, though rarely.
In order to gain recognition and enforcement by the courts, a local custom must meet several
requirements, among which: to be reasonable, not contrary to any statute or any fundamental
principle of law, etc.
Countable nouns are usually variable nouns, i.e. they have both a singular and a plural
form, can be used with the indefinite article, numerals, or other quantifiers, can take both a singular
and a plural verb.
Uncountable nouns are invariable in form (they have a singular or a plural form), take a
singular or a plural verb and cannot be used with the indefinite article, numerals or other
quantifiers.
31
1. Which is the role of custom in the common law? – 2 puncte
2. Which are the requirements to be met so that a local custom may gain recognition and
enforcement by the courts? – 2 puncte
3. Which is the right plural form: - 2 puncte
1 referendum referendums referenda

2 preservation order preservations orders preservation orders
3 bureau bureaus bureaux
4 genius geniuses genii
5 criterion criteria criterions
6 thesis thesis theses
7 corpus corpora corpuses
8 notary public notary publics notaries public
9 memorandum memoranda memorandums
10 ignoramus ignorama ignoramuses
11 juryman jurymans jurymen
12 rejoinder rejoinders rejoinderi
13 moratorium moratoriums moratoria
14 appendix appendixes appendices
15 injunction injunctions injuncta
16 provision provisiones provisions
17 president-elect presidents-elect president-elects
18 LJ LJJ LJ’s
19 quango quangi quangos
20 dictum dicta dictums
4. Choose the right form of the verb: – 2 puncte
1. a) The Cabinet (stand, stands) today at the very centre of power in Britain.
b) The new Cabinet (is, are) reluctant to look into it.
2. a) The jury (is, are) usually made up of 12 members.
b) The jury (is, are) giving (its, their) verdict.
3. a) The press (is, are) kindly requested to leave the Conference Hall.
b) The press (is, are) always present on such occasions.
4. Acoustics (is, are) a branch of physics.
5. His politics (is, are) his own affair.
6. Which (is, are) the most effective means of coping with this situation?
7. The Italian clergy (was, were) opposed to divorce.
8. The police (has, have) caught the firebug.
9. The news (was, were) great.
10. Nobody knew where the headquarters (was, were).
5. Choose the singular or the plural form and then translate into Romanian: – 2 puncte
1. advice
a) He gave her some good…
b) The…about the delivery of those goods arrived two days ago.
32
2. custom
a) It is his…to get up early in the morning and have a cup of coffee.
b) Social…vary greatly from country to country.
c) Have you paid…duty on this camera?
3. damage
a) The flood caused serious…
b) The court awarded her $2000 in…
4. ground
a) He is on familiar…here because he’s had a lot of experience with computers.
b) Where have you thrown the coffee…?
c) She must have solid…to ask for a divorce.
5. minute
a) It takes him ten…to get to his office.
b) Before the committee started its work, the…of the last meeting was/ were read out.
6. pain
a) His behaviour caused his parents a great deal of…
b) There is nothing to worry about. The child has got only growing…
c) They gave the taxi driver something extra for his…
7. premise
a) British and American justice works on the…that an accused person is innocent until
he/ she is proved guilty.
b) Taxes on business…are higher than those on private…
c) He has already mentioned it in the…of that document.
8. receipt
a) When you pay a bill, ask the shop for a…
b) The bank’s…have increased since last year.
9. scale
a) On a…from one to ten, how do you rate his performance?
b) A pianist must keep practising his…
c) Did you know he could play with a fish…?
d) The sculptured…of Justice lie on top of the Court House.
10. term
a) When does the…end?
b) In the long…we hope to make large profits.
c) The contract specifies the…of the employment.
d) In…of actual sales the book has been a success.
Traduceri: 1. 1.Statele membre ar trebui să remedieze dezechilibrele din economiile

naţionale.
Răspuns: The Member States should remedy the disequilibria within thier national
economies.
2. În ultimii ani, în dreptul mediului s-a promovat o politică de dezvoltare durabilă.

3. La audierea preliminară procurorul stabileşte dacă s-a comis o infracţiune.
4. Există suficiente probe împotriva lui?
5. Administraţia publică pune accentul pe valorile democratice de egalitate, dreptate,
eficacitate în serviciile publice.
6. Aveţi un nou administrator sau o nouă administratoare?
7. Femeile au protestat împotriva tratamentului inegal ce favorizează discriminarea.
33
8. Dacă în dreptul penal premisa o constituie fapta ilicită care trebuie sancţionată iar
făptuitorul trebuie pedepsit, în dreptul civil, pentru că importantă este repararea, acoperirea
pagubei, premisa o constituie prejudiciul.
9. Zgomotele reprezintă cea mai invocată tulburare de vecinătate în litigii.
10.Sunt interzise folosirea forţei, tortura, ameninţările sau alte tehnici care ar obliga o
persoană nevinovată să depună mărturie.
Grile:
1. ... is the oldest source of English law.
a. case law
b. custom
c. belief
2. ... replaced the 14th century custom:

a. judicial precedent
b. equity
c. statute law
3. Customs may be:

a. general or local
b. general
c. regional
4. It is not a requirement to be met so that a local custom may gain recognition and
enforcement by the courts:
a. to be reasonable
b. observed as of right
c. to be recent
5. From ‘time immemorial’ means:

a. from the end of Henry II’s reign in 1189
b. from the beginning of Henry II’s reign
c. to have existed not long ago
34
Modulul VIII.
CONSTITUTIONAL LAW: BRITISH CONSTITUTION AND GOVERNMENT
1. Constitutional law
2. British constitution and government
Timp alocat: 1 h
Bibliografie:
35-41.
vă familiarizaţi cu termenii esenţiali din dreptul constituţional (Constituţia britanică)
aprofundaţi elementele predate prin activităţi aplicative
vă dezvoltaţi abilităţile de comunicare în limba engleză pe tema dată
A constitution refers to “the rules and practices that determine the composition and
functions of the organs of central and local government in a state and regulate the relationship
between the individual and the state”. (Oxford Dictionary of Law)
Therefore, 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. (Black’s Law Dictionary)
The British constitution is considered a flexible constitution, since it is not defined or set
apart in one document and not distinguishable from other law in the way in which its terms can be
legislatively altered.
Although it is not written in a distinct document or group of documents, it consists of:
- statutes/ Acts of Parliament (no special procedure is required for their amendment);
- common law rules;
- constitutional conventions.
35
A statute (Act of Parliament) is a document passed by both Houses of Parliament (the
House of Lords and the House of Commons) which sets out legal rules. An Act must also be agreed
to by the Crown, in the form of Royal Assent.
Constitutional conventions are those practices which are not legally enforceable, since they
are not in reality laws. They may regulate the conduct of several members of the sovereign power,
of different officials etc.
The principles the constitution relies on are the rule of law (implying that everyone is
subject to the laws of the land) and the sovereignty of Parliament.
In the UK, the legislative power, that is the power of making, altering or repealing the laws
belongs to Parliament. The three parts of Parliament are the monarch, the House of Lords and the
House of Commons (which is the focus of political attention).
General elections are held every five years, but it is possible to hold the 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 the life of a Parliament. Any
dispute with regard to the validity of the election of a Member of Parliament is raised on an election
petition decided by an election court consisting of two High Court Judges.
Government refers to the Cabinet ministers, ministers of state, under-secretaries and
parliamentary secretaries chosen by the Prime Minister from his/her party to hold office, about 100.
A smaller group of just over 20 form the Cabinet (the executive) at the head of which is the
Prime Minister.
The Cabinet is the most important and authoritative part of Government, standing today at
the very centre of power in Britain.
Concluzii:
A constitution refers to “the rules and practices that determine the composition and
functions of the organs of central and local government in a state and regulate the relationship
between the individual and the state”. (Oxford Dictionary of Law)
Constitutional law stands for the body of law deriving from the constitution and dealing
primarily with governmental powers, civil rights and civil liberties.
The British constitution is considered a flexible constitution. It is not defined or set apart in
one document. It consists of:
- statutes/ Acts of Parliament;
- common law rules;
- constitutional conventions.
1. What is a constitution? - 2 puncte
2. Define constitutional law. – 2 puncte
3. What does the British Constitution consist of? – 2 puncte
4. Which is the legislative power in the UK? – 2 puncte
5. General elections v. by-elections. – 2 puncte
Traduceri:1. Dreptul constituţional se referă la normele juridice care reglementează relaţiile

sociale dintre individ şi stat, relaţii ce apar în procesul instaurării, menţinerii şi exercitării statale a
puterii.
36
Răspuns: Constitutional law deals with the legal rules governing the social relations
between the individual and the state, relations arising in the process of establishing, maintaining
and exercising the power of the state.
Grile:
1. 1. The British Constitution consists of:
a. statutes, important court cases, established practices
b. statutes, common law rules
c. statutes, constitutional conventions
2. The king or queen represents the people as Head of State, but the real power lies
in:
a. the House of Lords
b. the House of Commons
c. Parliament
3. After a general election, the leader of the party which has the most seats in the
House of Commons (the representative chamber of British Parliament) becomes:
a. the Foreign secretary
b. the Home Secretary
c. Prime Minister
4. The British constitution is considered:

a. rigid
b. fexible
c. distinguishable from other law in the way in which its terms can be legislatively
altered
5. Constitutional conventions:
a. are legally enforceable
b. are in reality laws
c. may regulate the conduct of different officials
37
Modulul IX.
CONSTITUTIONAL LAW: US CONSTITUTION AND GOVERNMENT
1. US Constitution and government
Timp alocat: 1 h
Bibliografie:
41-48.
vă familiarizaţi cu termenii esenţiali din dreptul constituţional (Constituţia SUA)
The US Constitution and Government

The United States has a written constitution which sets out the principles of government.
The first plan of national government was not the Constitution, but a plan called the Articles
of Confederation and Perpetual Union. Since it conferred sovereignty upon the states, it was
considered defective as an instrument of government. The states suffered economically, and not
only, from the lack of a strong central authority, from the lack of unity which caused serious
problems in international relations and in the defense of the nation.
In 1787 a convention was called in Philadelphia to revise the Articles of Confederation.
Instead, the leaders decided to write a constitution setting up a federal government for the states.
The purpose was to achieve a balance that Madison called “mixed government” and “free
government”, a compromise between monarchy and democracy.
There was a hot controversy over the means by which the objectives of the Constitution
could be fulfilled. The controversy involved the presidency and the way in which the president was
to be elected, the relationship of the states to the national government etc.
Some problems, such as the slavery issue, were solved by compromises.
After it was signed in 1787, the Constitution was offered for ratification, which was strongly
opposed by the Anti-Federalists who feared that a powerful central government would minimize the
role of the people in governance and threaten individual rights and local interests. The significant
38
and lasting accomplishment of the opponents was to get the Bill of Rights (the first ten
amendments) added to the Constitution. The Bill set down such basic rights as the freedom of
speech, of religion and of the press.
Unlike the British constitution, considered a flexible constitution, since it is not defined or
set apart in a distinct document and not distinguishable from other law in the way in which its terms
can be legislatively altered, the U.S. Constitution appears as a rigid one. Embodied in a special and
distinct enactment, it cannot be altered by ordinary forms of legislation, without the consent of
three-fourths of the state legislatures or through a constitutional convention.
The American Constitution is divided into three parts:
1. the Preamble, which tells its goals: to protect the nation and to ensure justice, peace, and
liberty for all;
2. the Document - containing seven articles;
3. twenty-six Amendments which guarantee individual rights and freedoms and establish
other basic principles of government.
The Constitution relies on the principle of the separation of powers. It thus shares power
among three groups: the executive (the President), the legislative (Congress) and the judicial (the
courts), in such a way that each has a certain authority over the others (a system of checks and
balances).
The President represents the country as Head of State but also has real political power.
Elections for President are held every four years and no President may own office for more than
two terms.
Presidential candidates are chosen by the political parties either through Primaries (direct
elections) or at state conventions or caucuses (meetings of party representatives), depending on the
state.
Congress 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. Bills cannot become law until they have been passed by both
Houses, and if they are not passed by a two-thirds majority they can still be vetoed by the President.
Bills must not conflict with the constitution.
The Federal government is responsible only for matters of national importance, such as
foreign affairs, trade and defense. The governments of the individual states are responsible for all
other matters.
Federal judges are appointed by the President and confirmed by the Senate. The highest
court, the Supreme Court, has the power to judge whether a law passed by the government
conforms to the constitution and whether the President has acted constitutionally. If it judges that
the President’s behavior has been unconstitutional, he or she may be impeached (accused of a crime
against the State).
Concluzii:
The United States has a written constitution which sets out the principles of government.
Unlike the British constitution, considered a flexible constitution, the U.S. Constitution
appears as a rigid one. Embodied in a special and distinct enactment, it cannot be altered by
ordinary forms of legislation, without the consent of three-fourths of the state legislatures or
through a constitutional convention.
The American Constitution is divided into three parts:
1. the Preamble, which tells its goals: to protect the nation and to ensure justice, peace, and
liberty for all;
2. the Document - containing seven articles;
3. twenty-six Amendments which guarantee individual rights and freedoms and establish
other basic principles of government.
39
1. How did the US Constitution come into being? Is it of a rigid or flexible type? – 2 puncte
2. What is the Bill of Rights? – 2 puncte
3. How many parts is the American Constitution divided into? What do they contain? – 2
puncte
4. What does the principle of the separation of powers refer to? – 2 puncte
5. What does Congress consist of? What does it represent? – 2 puncte
Traduceri:
Constitution of the United States of America
We the People of the United States, in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defence, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
Article I
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of Members chosen every

second year by the People of the several States, and the Electors in each State shall have the
Qualifications requisite for Electors of the most numerous Branch of the State Legislature. (…)
No person shall be a Representative who shall not have attained to the age of twenty five
Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an
Inhabitant of that State in which he shall be chosen.
Section 3. The Senate of the United States shall be composed of two Senators from each
State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. (…)
No person shall be a Senator who shall not have attained to the Age of thirty Years, and
been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of
that State for which he shall be chosen. (…)
Judgment in Cases of Impeachment shall not extend further than to removal from office, and
disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but
the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and
Punishment, according to Law.
Article II
Section 1. The executive Power shall be vested in a President of the United States of
America. He shall hold his Office during the Term of four Years (...)
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person
be eligible to that Office who shall not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
40
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to
discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President,
and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what Officer shall then act as President, and
such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
(...)
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I
do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect and defend the Constitution of the
United States.”
Grile:
1. Since the Articles of Confederation conferred sovereignty upon the states, it was
considered:
a. ineffective as an instrument of government
b. an appropriate means of government
c. the wrong type of government
2. The Bill of Rights:

a. represents the first 10 amendments to the U.S. Constitution
b. represents the first 9 amendments to the U.S. Constitution
c. represents the first 8 amendments to the U.S. Constitution
3. No person shall be elected to the office of President more than:

a. once
b. twice
c. three times
4. Congress consists of:

a. The Senate and the House of Deputies
b. The Senate and the House of Representatives
c. The House of Lords and the House of Commons
5. Federal judges are:

a. appointed by the Senate
b. confirmed by the President
c. appointed by the President and confirmed by the Senate
41
Modulul X.
CONSTITUTIONAL LAW: THE ROMANIAN CONSTITUTION
1. Terminological aspects of the Constitution of Romania
2. Grammar: the noun (the gender)
Timp alocat: 1 h
Bibliografie:
1. Badea, Simina, Legal English - A Practical Approach, Editura Universitaria, Craiova, 2014.
engleză, Ediţia a III-a revăzută, Editura Universitaria, Craiova, 2010.
înţelegeţi anumite aspecte terminologice din Constituţia României
vă actualizaţi cunoştinţele de gramatică (substantivul - genul)
Title VII Revision of the Constitution
Initiative of revision
ARTICLE 150
(1) Revision of the Constitution may be initiated by the President of Romania on the proposal of the
Government, by at least one quarter of the number of Deputies or Senators, as well as by at least
500,000 citizens with the right to vote.
(2) The citizens who initiate the revision of the Constitution must belong to at least half the number
of the counties in the country, and in each of the respective counties or in the Municipality of
Bucharest, at least 20,000 signatures must be recorded in support of this initiative.
Procedure of revision
ARTICLE 151
(1) The draft or proposal of revision must be adopted by the Chamber of Deputies and the Senate,
by a majority of at least two thirds of the members of each Chamber.
42
(2) If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the
Senate shall decide thereupon, in joint sitting, by the vote of at least three quarters of the number of
Deputies and Senators.
(3) The revision shall be final after the approval by a referendum held within 30 days of the date of
passing the draft or proposal of revision.
Limits of revision
ARTICLE 152
(1) The provisions of this Constitution with regard to the national, independent, unitary and
indivisible character of the Romanian State, the republican form of government, territorial integrity,
independence of justice, political pluralism and official language shall not be subject to revision.
(2) Likewise, no revision shall be made if it results in the suppression of the citizens' fundamental
rights and freedoms, or of the safeguards thereof.
(3) The Constitution shall not be revised during a state of siege or emergency, or in wartime.
Grammar: Gender of Nouns
There are four categories of gender in English:

- masculine: man, boy, father
- feminine: woman, girl, sister
- neuter: book, house, rain, joy
- common (nouns with one form for both sexes): artist, child, teacher, doctor,
cousin
Gender contrasts are expressed by means of:

1) different forms:
e.g. father – mother
bachelor – spinster
viceroy – vicereine
ram – ewe
2) suffixes (to the masculine or feminine form):
e.g. M F
ambassador - ambassadress
actor - actress
heir - heiress
hero - heroine
F M
bride - bridegroom
3) a word indicating the sex:
e.g. boy-friend - girl-friend
male patient - female patient
man-servant - woman/ maid-servant
he-bear - she-bear
tom-cat - tabby/ she cat
43
Give the corresponding feminine nouns of the following masculine nouns:
policeman hero lad author

gentleman man-servant widower executor
bachelor patron wizard nephew
monk fiancé proprietor lion
comedian administrator tailor male nurse
waiter marquis sorcerer he-cousin
emperor heir candidate footballer
traitor diplomat speaker
Traduceri: 1. Art. 1: Statul român

(1) România este stat naţional, suveran şi independent, unitar şi indivizibil.
Răspuns: Romania is a unitary and indivisible, sovereign and independent national state.
2. (2) Forma de guvernământ a statului român este republica.

(3) România este stat de drept, democratic şi social, în care demnitatea omului, drepturile şi
libertăţile cetăţenilor, libera dezvoltare a personalităţii umane, dreptatea şi pluralismul politic
reprezintă valori supreme, în spiritul tradiţiilor democratice ale poporului român şi idealurilor
Revoluţiei din decembrie 1989, şi sunt garantate.
(4) Statul se organizează potrivit principiului separaţiei şi echilibrului puterilor – legislativă,
executivă şi judecătorească – în cadrul democraţiei constituţionale.
(5) În România, respectarea Constituţiei, a supremaţiei sale şi a legilor este obligatorie.
Titlul V
Art. 146
Curtea Constituțională are următoarele atribuții:
a) se pronunță asupra constituționalității legilor, înainte de promulgarea acestora, la
sesizarea Președintelui României, a unuia dintre președinții celor două Camere, a Guvernului, a
Înaltei Curți de Casație și Justiție, a Avocatului Poporului, a unui număr de cel puțin 50 de deputați
sau de cel puțin 25 de senatori, precum și, din oficiu, asupra inițiativelor de revizuire a Constituției;
b) se pronunță asupra constituționalității tratatelor sau altor acorduri internaționale, la
sesizarea unuia dintre președinții celor două Camere, a unui număr de cel puțin 50 de deputați sau
de cel puțin 25 de senatori;
c) se pronunță asupra constituționalității regulamentelor Parlamentului, la sesizarea unuia
dintre președinții celor două Camere, a unui grup parlamentar sau a unui număr de cel puțin 50 de
deputați sau de cel puțin 25 de senatori;
d) hotărăște asupra excepțiilor de neconstituționalitate privind legile și ordonanțele, ridicate
în fața instanțelor judecătorești sau de arbitraj comercial; excepția de neconstituționalitate poate fi
ridicată și direct de Avocatul Poporului (...).
Grile:
1. The Parliament of Romania consists of:
a. the Chamber of Deputies and the Senate
b. the House of Deputies and the House of the Senate
c. the Chamber of Deputies and the Chamber of Representatives
44
2. The law... for the future, except for the more favourable criminal or administrative
law.
a. acts only
b. will only act
c. shall only act
3. No one is:
a. below the law
b. above the law
c. under the law
4. The death penalty is:

a. prohibited
b. banned
c. repealed
5. Revision of the Constitution may be initiated by:

a. the President of Romania, by at least one quarter of the number of Deputies or
Senators, as well as by at least 500,000 citizens with the right to vote
b. the President of Romania, by at least one third of the number of Deputies or
Senators, as well as by at least 500,000 citizens with the right to vote
c. the President of Romania, by at least one quarter of the number of Deputies or
Senators, as well as by at least 1,000,000 citizens with the right to vote
45
Modulul XI.
THE BRITISH PARLIAMENT: THE HOUSE OF LORDS
1. The British Parliament
2. The House of Lords
Timp alocat: 1h
Bibliografie:
49-50, 52-55.
înţelegeţi cum funcţionează Parlamentul britanic (Camera Lorzilor)
vă familiarizaţi cu termenii juridici aferenţi temei prin activităţi aplicative
A Bicameral System
The British Parliament is a bicameral legislature that performs the dual function of
participating in the legislative process and scrutinizing the activities of the administration. It is an
essential part of UK politics, consisting of the sovereign, the House of Lords and the House of
Commons.
The two-House system

The business of 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 that 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 both Houses.
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
46
• 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
Certain groups of people are not allowed to stand, these include:
• members of the police forces
• members of the armed forces
• civil servants and judges
• people who are subject of a bankruptcy restrictions order in England or Wales or a
debt relief restrictions order
• people who have been adjudged bankrupt in Northern Ireland
• people who have had their estate sequestrated in Scotland
• aliens
• convicted prisoners and people guilty of corrupt or illegal practices
The House of Lords

The House of Lords is the second chamber of the UK Parliament. Its work is
complementary to the work of the House of Commons. It thus makes laws, holds government to
account and investigates policy issues. Its membership is mostly appointed and includes experts in
many fields.
There are things that Lords don’t do: represent constituencies, get involved in taxation, draw
a salary (except for some office holders).
The Lords currently has around 830 Members, belonging to three categories: life Peers,
bishops and elected hereditary Peers. Unlike MPs, the public do not elect the Lords. The majority
are appointed by the Queen on the recommendation of the Prime Minister or of the House of Lords
Appointments Commission.
(1) Life Peers
This name derives from the fact that these Lords’ titles are not passed on to their children,
they are appointed for their lifetime only. The Queen formally appoints life Peers on the advice and
recommendation of the Prime Minister.
(2) Archbishops and bishops
A limited number of 26 Church of England archbishops and bishops sit in the House,
passing their membership on to the next most senior bishop when they retire. The Archbishops of
Canterbury and York traditionally get life peerages on retirement.
(3) Elected hereditary Peers
The right of hereditary Peers to sit and vote in the House of Lords was ended in 1999 by the
House of Lords Act but 92 Members were elected internally to remain until the next stage of the
Lords reform process.
Two events have changed the way Members of the House of Lords are appointed: the 1999
House of Lords Act, which ended hereditary Peers’ right to pass membership down through family,
and the introduction of the House of Lords Appointments Commission. There are now a number of
routes to becoming a Member of the House of Lords.
The House of Lords Appointments Commission is an independent, public body. Set up in
May 2000, it recommends individuals for appointment as non-party-political life peers and vets
nominations for life peers to ensure the highest standards of propriety.
UK Supreme Court
The Constitutional Reform Act 2005 removed the judicial function of the House of Lords
from Parliament and set up a new, independent supreme court (from October 2009).
The Supreme Court of the United Kingdom 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.
47
Concluzii:
The British Parliament is a bicameral legislature that performs the dual function of
participating in the legislative process and scrutinizing the activities of the administration. It
consists of the sovereign, the House of Lords and the House of Commons.
The work of the House of Lords is complementary to the work of the House of Commons. It
makes laws, holds government to account and investigates policy issues. Its members are mostly
appointed.
The Lords currently has around 830 Members, belonging to three categories: life Peers,
bishops and elected hereditary Peers.
1. What does the British Parliament consist of? - 2 puncte
2. Which is the role of the two chambers? - 2 puncte
3. Who can stand as a candidate in a UK Parliamentary General Election? - 2 puncte
4. The House of Lords - organization and role. - 2 puncte
5. Which is the final court of appeal in the United Kingdom? - 2 puncte
Traduceri:1. Art. 36
(1) Cetăţenii au drept de vot de la vârsta de 18 ani, împliniţi până în ziua alegerilor inclusiv.
Răspuns: Every citizen having turned eighteen up to or on the election day shall have the
right to vote.
2. Art. 36
(2) Nu au drept de vot debilii sau alienaţii mintal, puşi sub interdicţie, şi nici persoanele
condamnate, prin hotărâre judecătorească definitivă, la pierderea drepturilor electorale.
Art. 38
În condiţiile aderării României la Uniunea Europeană, cetăţenii români au dreptul de a alege şi de a
fi aleşi în Parlamentul European.
Art. 76
(1) Legile organice şi hotărârile privind regulamentele Camerelor se adoptă cu votul majorităţii
membrilor fiecărei Camere.
(2) Legile ordinare şi hotărârile se adoptă cu votul majorităţii membrilor prezenţi din fiecare
Cameră.
(3) La cererea Guvernului sau din proprie iniţiativă, Parlamentul poate adopta proiecte de legi sau
propuneri legislative cu procedură de urgenţă, stabilită potrivit regulamentului fiecărei Camere.
Grile:
1. The British Parliament consists of:
a. the House of Lords and the sovereign
b. the House of Commons and the sovereign
c. the House of Lords, the House of Commons and the sovereign
2. The main roles of Parliament are:

a. examining and challenging the work of the government, debating and passing all
laws, enabling the government to raise taxes
48
b. checking the work of the government, making laws
c. passing laws and granting money to the government
3. The House of Lords:

a. represents constituencies
b. makes decisions on financial Bills
c. provides a forum of independent expertise
4. Life peers:
a. can pass on their titles to their children
b. cannot pass on their titles to their children
c. are elected
5. ... is the highest court of appeal for civil law cases in the UK and all criminal cases
in England and Wales and Northern Ireland.
c. the Supreme Court
49
50
Modulul XII.
THE BRITISH PARLIAMENT: THE HOUSE OF COMMONS
1. The House of Commons
2. The Parliament of Romania
Timp alocat: 1 h
Bibliografie:
51-52, 55-56.
înţelegeţi cum funcţionează Parlamentul britanic (Camera Comunelor) pentru a putea face
o paralelă cu cel al României
vă familiarizaţi cu termenii juridici aferenţi temei prin activităţi aplicative
The House of Commons

It is the representative chamber of Parliament, also known as the Lower House.
The UK public elects 650 Members of Parliament (MPs) to represent their interests and
concerns in the House of Commons. This number may vary within certain limits in case the
boundary commission proposes constituency changes.
The Commons is publicly elected. The party with the largest number of members in the
Commons forms the government.
Members of the Commons (MPs) debate the big political issues of the day and proposals for
new laws. It is one of the key places where government ministers, like the Prime Minister and the
Chancellor, and the principal figures of the main political parties, work. MPs can scrutinise
government policies by asking ministers questions about current issues either in the Commons
Chamber or in Committees.
The Commons alone is responsible for making decisions on financial Bills, such as
proposed new taxes. The Lords can consider these Bills but cannot block or amend them.
The House of Commons is governed and managed by the group of MPs who make up the
House of Commons Commission, 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
51
the House, the Shadow Leader of the House (or another MP appointed by the Opposition) and three
backbench MPs from the three largest parties.
The Commission provides the day to day governance of the House by Members, but it does
not manage non-executive operations.
The Parliament of Romania

The Parliament of Romania is bicameral, consisting of the Chamber of Deputies and
the Senate, a fact dictated by the need to ensure a balance in the exercise of the parliamentary
functions, by the requirement to debate the laws adopted, and to temper the authoritarian or
extremist tendencies of a Chamber, in the appreciation of a state of fact, and in the selection of the
decisional version. The institution of Parliament higly depends on constitutional principles.
Based on a list system and independent candidatures, the two Chambers are elected in
constituencies, by universal, equal, direct, secret, and freely expressed suffrage, thus meeting the
requirement of proportional representation. The option for an identical election system of the two
Chambers of Parliament confers them the same legitimacy, as both of them are the expression of
the will of the same electoral body.
The number of Deputies (332) and Senators (137) to be elected in each constituency is
determined on the basis of the representation norm, by relating the number of inhabitants in each
constituency to the representation norm. In a constituency, the number of Deputies cannot be less
than 4, and that of Senators, less than 2. The number of inhabitants taken into account is that
existing on July 1 of the previous year, published in the Statistical Year-Book of Romania. If, at
least 5 months before the election date, a general census took place, the number of inhabitants taken
into account is that resulting from the census.
Concluzii:
The House of Commons is the representative chamber of Parliament, also known as the
Lower House.
Its members represent the interests and concerns of the UK public.
The Commons is publicly elected. The party with the largest number of members in the
Commons forms the government.
Members of the Commons (MPs) debate the big political issues of the day and proposals for
new laws.
The Commons alone is responsible for making decisions on financial Bills, such as
proposed new taxes.
1. Election to the House of Commons. – 2 puncte
2. Role of the House of Commons. – 2 puncte
3. The House of Commons Commission. – 2 puncte
4. What is the Shadow Leader of the House of Commons? – 2 puncte
5. Which is the relation of the House of Commons to the House of Lords? – 2 puncte
Traduceri:1. Art. 77
(1) Legea se trimite, spre promulgare, Preşedintelui României. Promulgarea legii se face în termen de
cel mult 20 de zile de la primire.
52
Răspuns: A law shall be submitted for promulgation to the President of Romania.
Promulgation shall be given within twenty days after receipt of the law.
2. Art. 77
(2) Înainte de promulgare, Preşedintele poate cere Parlamentului, o singură dată, reexaminarea legii.
(3) Dacă Preşedintele a cerut reexaminarea legii ori dacă s-a cerut verificarea constituţionalităţii ei,
promulgarea legii se face în cel mult 10 zile de la primirea legii adoptate după reexaminare sau de
la primirea deciziei Curţii Constituţionale, prin care i s-a confirmat constituţionalitatea.
Art. 78
Legea se publică în Monitorul Oficial al României şi intră în vigoare la 3 zile de la data publicării
sau la o dată ulterioară prevăzută în textul ei.
Grile:
1. The House of Commons is:
a. also known as the Higher House
b. also known as the Lower House
c. the non-representative chamber of Parliament
2. The House of Commons is:

a. publicly elected
b. appointed
c. secretly elected
3. Together with the House of Lords, they:

a. make laws, hold government to account and debate investigate policy issues
b. only pass laws
c. scrutinise government policies
4. The Commons alone is responsible for:

a. passing laws
b. approving Bills
c. making decisions on financial Bills
5. The House of Commons is governed and managed by:

a. the The House of Commons Board
b. the The House of Commons Commission
c. the The House of Commons Council
53
Modulul XIII.
BILLS
1. Passage of a Bill
2. From Bill to Act of Parliament
Timp alocat: 1h
Bibliografie:
56-59.
înţelegeţi procesul de legiferare în Parlamentul britanic
Bills
A Bill is a proposal for a new law, or a proposal to change an existing law that is presented
for debate before Parliament. Bills are introduced in either the House of Commons or House of
Lords for examination, discussion and amendment. When both Houses have agreed on the content
of a Bill it is then presented to the reigning monarch for approval (known as Royal Assent). Once
Royal Assent is given a Bill becomes an Act of Parliament and is law.
An Act of Parliament creates a new law or changes an existing law. Once implemented, an
Act is law and applies to the UK as a whole or to specific areas of the country.
Different types of Bills can be introduced by:
• The government
• Individual MPs or Lords
• Private individuals or organizations
There are three different types of Bill: Public, Private and Hybrid Bills.
Draft Bills
Draft Bills are Bills issued for consultation before being formally introduced to Parliament.
54
Passage of a Bill
Here are the stages a Bill goes through before it becomes law.
Bill starting in the House of Bill starting in the House of

Commons Lords
• House of Commons • House of Lords

1. First reading 1. First reading
2. Second reading 2. Second reading
3. Committee stage 3. Committee stage
4. Report stage 4. Report stage
5. Third reading 5. Third reading
• House of Lords • House of Commons
1. First reading 1. First reading
2. Second reading 2. Second reading
3. Committee stage 3. Committee stage
4. Report stage 4. Report stage
5. Third reading 5. Third reading
• Consideration of • Consideration of
amendments amendments
• Royal Assent • Royal Assent
Putting the Act into force

An Act may come into force immediately, on a specific starting date, or in stages.
The practical implementation of an Act is the responsibility of the appropriate government
department, not Parliament. For example, laws relating to transport issues would come under the
administration of the Department for Transport.
Changes to Acts
Future changes to the law happen through the passing of another Act or delegated
legislation. An Act can also be repealed so that its provisions no longer apply. Parliamentary
committees examine UK laws and recommend the removal of out of date legislation.
Delegated legislation
Delegated or secondary legislation is usually concerned with detailed changes to the law
made under powers from an existing Act of Parliament.
Concluzii:
A Bill is a proposal for a new law, or a proposal to change an existing law that is presented
for debate before Parliament. Bills are introduced in either the House of Commons or House of
Lords for examination, discussion and amendment. When both Houses have agreed on the content
of a Bill it is then presented to the reigning monarch for approval (known as Royal Assent). Once
Royal Assent is given a Bill becomes an Act of Parliament and is law.
1. What is a bill? – 2 puncte
2. Who can introduce a bill? - 2 puncte
55
3. How many types of bills are there? – 2 puncte
4. Which are the stages of passing a bill? – 2 puncte
5. What is a draft bill? – 2 puncte
Grile:
1. A Bill is:
a. a draft law
b. introduced in both Houses concurrently
c. becomes an Act if it is approved by a majority in the House of Commons and
House of Lords, even if it is not agreed to by the reigning monarch
2. An Act is:
a. a Bill starting in the House of Lords
b. a Bill starting in the House of Commons
c. a Bill approved by both Houses to which the Royal Assent has been given
3. When a bill has been read … in one House, it is sent to the other, where it has to
undergo the same process.
a. once
b. two times
c. three times
4. Bills can be introduced by:

a. the government, MPs or Lords
b. the government, MPs or Lords, private individuals or organizations
c. the government, private individuals or organizations
5. A draft bill is:

a. a proposal for a new law presented for debated before Parliament
b. a bill issued for consultation before being formally introduced to parliament
c. a proposal to change an existing law that is presented for debated before
Parliament
56
57
Modulul XIV.
REVISION
1. Recapitularea cunoştinţelor dobândite pe parcursul semestrului I şi pregătirea
examenului.
Timp alocat: 1 h
Bibliografie:
1-59.
recapitulaţi cunoştinţele terminologice dobândite pe parcursul semestrului I
recapitulaţi cunoştinţele gramaticale dobândite pe parcursul semestrului I
1. What is law?
2. Which is the difference between law and right? How do you translate the two terms into
Romanian?
3. Which are the two meanings of the term jurisprudence?
4. Give examples of functions of law.
5. Can you name other means of social control?
6. How would you describe early forms of law and legal procedure?
7. Is there a relation between law and morality?
8. Which are the main branches of law?
9. Which is the purpose of criminal law?
10. Under what law is a wronged person given remedy?
11. Provide an illustration of an action that can violate both civil and criminal law.
12. At how many levels can you distinguish between various law branches?
13. Which are the main differences between civil law and criminal law?
14. Categories of civil law.
15. Substantive law vs. adjective law.
58
16. What are torts?
17. How do you define common law?
18. Which are the main meanings of the term ‘common law’?
19. How is common law related to the three courts located at Westminster?
20. Define equity.
21. Define statute law.
22. Which are the main sources of English law?
23. What is case law?
24. What is the difference between direct legislation and delegated legislation?
25. What is the role of the ECHR as source of law?
26. Explain the following Latin expressions: stare decisis, ratio decidendi, obiter dictum.
27. Which is the role of custom in the common law?
28. Which are the requirements to be met so that a local custom may gain recognition and
enforcement by the courts?
29. What is a constitution?
30. Define constitutional law.
31. What does the British Constitution consist of?
32. Which is the legislative power in the UK?
33. General elections v. by-elections.
34. How did the US Constitution come into being? Is it of a rigid or flexible type?
35. What is the Bill of Rights?
36. How many parts is the US Constitution divided into? What do they contain?
37. What does the principle of the separation of powers refer to?
38. What does Congress consist of? What does it represent?
39. What does the British Parliament consist of?
40. Which is the role of the two chambers?
41. Who can stand as a candidate in a UK Parliamentary General Election?
42. The House of Lords - organization and role.
43. Which is the final court of appeal in the United Kingdom?
44. Election to the House of Commons.
45. Role of the House of Commons.
46. The House of Commons Commission.
47. What is the Shadow Leader of the House of Commons?
48. Which is the relation of the House of Commons to the House of Lords?
49. What is a bill?
50. Who can introduce a bill?
51. How many types of bills are there?
52. Which are the stages of passing a bill?
53. What is a draft bill?
59
Răspunsurile la grille
NR.
GRILĂ
1 2 3 4 5
MODUL
I a c b c b
II c a a a b
III b c a a a
IV c a b a c
V b b b c b
VI b c a a c
VII b a a c a
VIII a c c b c
IX a a b b c
X a c b a a
XI c a c b c
XII b a a c b
XIII a c c b b
XIV
60
I. Informaţii generale
Numele cursului: Limba engleză II
Codul cursului: D16DRFRL216
An, semestru: An I, Sem. II
Tipul cursului: Obligatoriu
Coordonatorul de disciplină: Lect.univ.dr. Simina Badea
Birou: Craiova, Facultatea de Drept, Calea Bucuresti nr.107 D, C 3.2.
E-mail: simina_badea@yahoo.com
Consultaţii: Luni 16-18
Introducere
Cursul de „Limba engleză” se predă în semestrul al II-lea, anul I, la Specializarea Drept, şi are ca
scop studierea şi aprofundarea terminologiei juridice engleze din principalele ramuri ale dreptului.
Obiective
Principalul obiectiv este dezvoltarea capacităţii studenţilor de a utiliza în mod adecvat şi în
context terminologia juridică engleză.
Rezultate aşteptate
să cunoască termenii juridici de bază din terminologia juridică engleză
să folosească, în construcţii clare şi coerente, structurile gramaticale specifice limbajului juridic
să îşi dezvolte abilităţile de comunicare verbală şi scrisă în limba engleză la nivel academic, în
domeniul dreptului
Structura cursului
Cursul este structurat pe 14 module în care se regăsesc cunoştinţe necesare dezvoltării
vocabularului juridic englez.
Modulul Tema
1 Elections and Voting in the UK (I)
2 Elections and Voting in the UK (II)
3 The Legal Profession (I): Solicitors
4 The Legal Profession (II): Barristers
5 The Court System (I)
6 The Court System (II)
7 Civil Procedure
8 Criminal Procedure
9 The European Union – the Beginnings
10 Sources of EU law
11 The European Union – the Institutions
12 The Court of Justice of the EU
13 EU treaties
14 Revision
61
Formatul şi tipul activităţilor implicate de curs
Parcurgerea temelor de curs va presupune atât întâlniri faţă în faţă cu studenţii, cât şi studiu
individual. Întâlnirile reprezintă un sprijin direct acordat de către profesor studentului. În ceea
ce priveşte activitatea individuală, aceasta se va concretiza în parcurgerea materialelor
obligatorii şi în rezolvarea sarcinilor şi exerciţiilor obligatorii. Studenţii au libertatea de a-şi
gestiona singuri timpul pentru parcurgerea temelor stabilite astfel încât acesta să fie suficient
pentru însuşirea şi sedimentarea cunoştinţelor dobândite.
Competenţe obţinute
• Cunoaşterea vocabularului de bază din principalele ramuri de drept;
• Dezvoltarea capacităţii de înţelegere şi interpretare a unui text juridic în limba engleză;
• Înţelegerea aspectelor esenţiale ale profesiei juridice, ale sistemului de instanţe din Marea
Britanie etc. în vederea favorizării unei comparaţii cu sistemul românesc;
• Aprofundarea terminologiei juridice din dreptul UE;
• Dezvoltarea abilităţii de a înţelege şi concilia puncte de vedere diferite;
• Proiectarea, conducerea şi evaluarea activităţilor practice specifice; utilizarea unor metode,
tehnici şi instrumente de investigare şi de aplicare.
Informaţii evaluare
Evaluarea studenţilor se realizează în mod continuu pe întreg parcursul anului universitar, prin
intermediul următoarelor activităţi: participarea activă a studenţilor la seminar; verificarea
continuă a cunoştinţelor dobândite; rezultatul/rezultatele obţinute la testarea/testările
semestriale; evaluarea finală
Evaluarea finală se realizează conform formei de verificare prevăzută în planul de învăţământ .
Nota finală va fi calculată având în vedere cele două note şi ponderarea (20% şi 70%) conform
algoritmului: (nota evaluare parcurs x0,2) + (notă evaluare finală x0,7)+1p (pentru
îndeplinirea procentului de prezenţă). Exemplu: (6x0,2) + (8x0,7) + 1 =1,2 +5,6+1 =7,8.
Instrucţiuni privind parcurgerea resursei de învăţământ

Suportul de curs conţine toate informaţiile necesare însuşirii cunoştinţelor de limba engleză
juridică. Conţinutul este structurat în module, în cadrul fiecărui modul regăsindu-se mai multe
unităţi de învăţare, în aşa fel încât să eşaloneze şi să faciliteze parcurgerea materialului şi
însuşirea sa. Pentru parcurgerea acestei resurse se recomandă următoarea succesiune :
1. Citirea, cu atenţie, a fiecărei unităţi şi consultarea recomandărilor bibliografice.
2. Parcurgerea rezumatului fiecărei unităţi de studiu.
3. Rezolvarea temelor de autoevaluare (pentru fiecare unitate de studiu).
4. Rezolvarea testului de autoevaluare (pentru fiecare modul).
5. Pregătirea schemei de discuţie pentru seminar.
62
II. Suport curs
Modulul I.
ELECTIONS AND VOTING IN THE UK (I)
1. General elections
2. By-elections
3. Parliamentary constituencies
4. Grammar: the noun (the case)
Timp alocat: 1 h
Bibliografie:
1. Badea, Simina, Legal English - A Practical Approach, Ediţia a II-a, Editura Universitaria,
Craiova, 2016, p. 59-64.

înţelegeţi noţiunile esenţiale referitoare la modul de desfăşurare a alegerilor în Marea
Britanie
va reactualizaţi cunoştinţele de gramatică: substantivul (cazul)
Elections and Voting in the UK
The House of Commons, devolved assemblies and mayors in the UK are elected using
different voting systems. The House of Commons and the House of Lords use a variety of voting
systems for internal elections.
General elections
When Parliament is dissolved every seat in the House of Commons becomes vacant and a
general election is held.
63
The Fixed Term Parliament Act, passed on 15 September 2011, provides for general
elections to be held on the first Thursday in May every five years.
MPs are elected from a choice of candidates by a simple majority system in which each
person casts one vote. The candidate with the most votes then becomes the MP for that constituency.
Candidates may be from a political party registered with the Electoral Commission or they
may stand as an ‘Independent’ rather than represent a registered party.
Most voting takes place in polling stations (the traditional method of voting), 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 one is unable to get to a
polling station. A proxy vote means that such a person appoints someone he trusts to vote on his
behalf. This can be helpful if one falls ill or if he is abroad on Election Day. Anyone over 18 can
apply for a proxy vote if he is on the electoral register and he provides a reason.
By-elections
A by-election takes place when a seat in the House of Commons becomes vacant between
general elections.
A seat becomes vacant during the lifetime of a Parliament either when an MP resigns from
Parliament or in case an MP has died. A seat may also be declared vacant because of a Member’s
bankruptcy, mental illness or conviction for a serious criminal offence.
Parliamentary constituencies
The UK is currently divided into 650 parliamentary constituencies, each of which is
represented by one MP in the House of Commons.
Case of Nouns
The Genitive Case
From the point of view of form, there are two types of genitive
1) the analytic(al) / prepositional genitive – is formed with the preposition of. It can be
used with any kind of nouns, but especially with inanimate “possessors” (e.g. the walls of the room,
the flowers of the field) or when the possessor noun is followed by a phrase or clause (e.g. the son
of the man you saw at the party).
2) the synthetic genitive – is formed with:

- ‘s with singular nouns and plural nouns not ending in s:
e.g. the rider’s horse
Peter’s father-in-law
the children’s room
women’s legal professions
- (‘) with plural nouns ending in s:
e.g. the students’ hostel
the experts’ predictions
Note: Names ending in –s can take ‘s or (‘) (classical names ending in –s usually add only
the apostrophe).
e.g. Mr. Jones’s/ Mr. Jones’ rights
Unlike the prepositional genitive, the synthetic genitive is chiefly used with:
- nouns denoting persons, animals, countries, firms, institutions etc:
64
e.g. Mary’s letter
the horse’s mane
Romania’s assets
the firm’s investment
the government’s new policy
- ships and boats, planes, trains, cars (and other names that can be personified):
e.g. the yacht’s mast
Liberty’s voice
- nouns denoting time, distance, value expressions:
e.g. ten minutes’ break
a mile’s drive
a pound’s worth of coffee
But: the baker’s/ chemist’s/ florist’s = the baker’s/ chemist’s/ florist’s shop
the travel agent’s/ lawyer’s = the travel agent’s/ lawyer’s office
Concluzii:
When Parliament is dissolved every seat in the House of Commons becomes vacant and a
general election is held.
MPs are elected from a choice of candidates by a simple majority system in which each
person casts one vote. The candidate with the most votes then becomes the MP for that constituency.
A by-election takes place when a seat in the House of Commons becomes vacant between
general elections.
1. What are general elections? – 2 puncte
2. When is a general election held? – 2 puncte
3. Where and how can voting take place? – 2 puncte
4. What do by-elections refer to? – 2 puncte
5. What is a constituency? – 2 puncte
Traduceri: 1. Translate into English using synthetic or analytic genitives:
1. pereţii camerei lui

Răspuns: the walls of his room
2. 2. glasul libertăţii; 3. capătul scărilor; 4. ziarul de azi; 5. cafea în valoare de trei dolari; 6.
peste cinci ani; 7. artă pentru artă; 8. căsătoria copiilor prietenilor noştri; 9. maşina cea nouă a
administratorului căminului de studenţi ai Facultăţii de Drept; 10. un portret al prietenului meu; 11.
părinţii lui Dan şi ai lui John.
Grile:
1. There are several ways you can vote in the UK:
a. in person or by a postal vote
b. by post or by proxy
c. in person, by post, by proxy
65
2. When Parliament is dissolved:
a. every seat in the House of Lords becomes vacant and a general election is held
b. every seat in the House of Commons becomes vacant and a general election is held
c. every seat in the House of Commons becomes vacant and a by-election is held
3. A proxy vote means:

a. a person appoints someone he trusts to vote on his behalf
b. a person goes to a polling station
c. a person apllies for a postal vote
4. A by-election takes place:

a. when a seat in the House of Commons becomes vacant between general elections
b. when Parliament is dissolved
c. when an MP is taken ill
5. Each constituency is represented by:

a. one Lord in the House of Lords
b. one MP in the House of Commons
c. several MPs.
66
Modulul II.
ELECTIONS AND VOTING IN THE UK (II)
3. Voting systems
4. First-past-the post
5. Alternative vote
6. Grammar: the adjective (comparison of adjectives)
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 59-64.
înţelegeţi noţiunile esenţiale referitoare la sistemele electorale din Marea Britanie
vă reactualizaţi cunoştinţele de gramatică: adjectivul (comparaţia adjectivelor)
Voting systems
Voting systems, also known as electoral systems, are the method by which representatives
are elected. A voting system determines the rules on how parties and candidates are elected.
A number of different voting systems are used to elect mayors and representatives to the
House of Commons, Scottish Parliament, National Assembly for Wales, Northern Ireland
Assembly, European Parliament and, UK local authorities.
First-past-the-post
First-past-the-post is used to elect MPs to the House of Commons and for local elections in
England and Wales.
67
Under first-past-the-post, the UK or local authority is divided into numerous voting areas,
i.e. constituencies or wards. At a general or local election, voters put a cross (X) next to their
preferred candidate on a ballot paper.
Ballot papers are then counted and the candidate that has received the most votes is elected
to represent the constituency or ward.
Alternative Vote (AV)

The Alternative Vote is used to elect the majority of chairs of select committees in the
House of Commons, as well as for the election of the Lord Speaker and by-elections for hereditary
peers.
Under AV, voters rank candidates in order of preference. They thus mark 1, 2, 3 and so on
next to names of candidates on a ballot paper. Voters have the choice to rank as many or as few
candidates as they like or just vote for one candidate.
Ballot papers are then counted by using the first preference votes (i.e. those with a number 1
marked next to their name). If receiving more than 50 per cent of the first preference votes, a
candidate is then elected.
If no candidate reaches this 50 per cent threshold, then the candidate with the fewest first
preference votes is eliminated. Their second preference votes are then reallocated to the remaining
candidates. If after this stage one candidate has more votes than the other remaining candidates put
together, that candidate is elected.
If not, the process of elimination and reallocation of preference votes is repeated until one
candidate has more votes than the other remaining candidates put together, and is then elected.
Other voting systems are:

• Supplementary Vote (SV)
• Single Transferable Vote (STV)
• Additional Member System (AMS)
• Closed Party List
(adapted from http://www.parliament.uk/about/how/elections-and-voting/voting-systems/)
Comparison of Adjectives
There are three degrees of comparison in English:

a) positive: good, tall, beautiful;
b) comparative:
- of superiority: better, taller, more beautiful (than);
- of inferiority: not so good as, not so tall as, not so interesting as/ less
interesting than;
- of equality: as good as, as tall as/ the same height as, as interesting as;
c) superlative:
- relative: the best, the tallest, the most beautiful;
- absolute: very good, quite tall, extremely beautiful.
Note: There are synonyms of absolute superlatives in expressions such as:

a mountain of a man
a monster of a dog
scared to death
wet to the bone
red, red lips
free and easy = very free
68
hard and fast = very strict
safe and sound = very healthy
sick and tired = very bored
up and doing = very energetic
1. The Synthetic Comparison
The comparative and superlative are formed by adding er and est to the positive form. It is
used with:
a) monosyllabic adjectives:
e.g. tall – taller – the tallest
fine - finer – the finest
big – bigger – the biggest
b) disyllabic adjectives ending in -(l)y, -le, -ow, -er:
e.g. pretty – prettier – the prettiest
silly – sillier – the silliest
simple – simpler – the simplest
narrow – narrower – the narrowest
clever – cleverer – the cleverest
2. The Analytical Comparison
The comparative and superlative are formed by putting more and (the) most before the
positive. It is used with plurisyllabic adjectives:
e.g. interesting – more interesting – the most interesting
3. The Irregular Comparison
1. good – better – the best

2. bad/ ill – worse – the worst
3. much/ many – more – the most
4. little – less/ lesser – the least
Note: Lesser means “smaller”, “not so important”:
e.g. the writer’s lesser works
5. old – older/ elder – the oldest/ eldest
Note: Elder and the eldest are used only attributively, mainly for comparisons within a
family:
e.g. My eldest brother is two years older than me.
6. late – later – the latest
- latter – the last
Note 1: The latest means “the most recent”, while the last means “”final”:
e.g. the latest fashion
Shakespeare’s last play
Note 2: The latter means “the second of two” and is the opposite of the former which means
“the first of two”:
e.g. I have two sisters: the former is a lawyer and the latter is a student.
7. far – farther – the farthest (usually for space)
- further – the furthest (for space and time)
Note: Further also means “additional”:
e.g. She gave me further information about the new library.
8. near – nearer – the nearest (for distance)
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- the next (for order)
9. fore – former – the foremost/ the first
Note: The foremost means “chief”:
e.g. the foremost writer of his time
10. in – inner – the inmost/ innermost
11. out – outer/ utter – the outmost/ outermost/ utmost/ uttermost
12. up – upper – the upmost/ uppermost
Note: In, out, up are adverbs, but they are adjectives in their comparative and superlative
forms.
inmost, innermost = most private
utter = complete
utmost, uttermost = greatest
upmost, uppermost = predominant
Concluzii:
Voting systems, also known as electoral systems, are the method by which representatives
are elected. A voting system determines the rules on how parties and candidates are elected.
First-past-the-post is used to elect MPs to the House of Commons and for local elections in
England and Wales.
Under first-past-the-post, voters put a cross (X) next to their preferred candidate on a ballot
paper.
Ballot papers are then counted and the candidate that has received the most votes is elected
to represent the constituency.
1. What are voting systems? – 2 puncte
2. What is first-past-the-post used for? – 2 puncte
3. Describe the first-past-the-post system. – 2 puncte
4. What does AV stand for? – 2 puncte
5. Form adjectives from the following nouns: – 2 puncte
a) 1.action; 2.crime; 3.accident; 4.winter; 5.dissent; 6.answer; 7.accusation; 8.grace;

9.influence; 10.affection; 11.sympathy; 12.economy; 13.equity; 14.appeal; 15.tort; 16.trial; 17.skill;
18.custom; 19.fear; 20.mania;
b) 1.Britain; 2.Romania; 3.Finland; 4.Poland; 5.Holland; 6.Denmark; 7.Sweden; 8.Isle of

Man; 9.Iceland; 10.Iraq; 11.France; 12.Latvia.
Grile:
1. Voting sytems are:
a. the method by which representatives are elected
b. the method by which representatives are selected
c. the rules on how parties and candidates are selected
2. ... is used to elect MPs to the House of Commons and for local elections in
England and Wales.
70
a. alternative vote
b. first-past-the-post
c. SV
3. Under first-past-the-post, the UK or local authority is divided into numerous

voting areas, i.e. ...:
a. constituencies
b. constituents
c. polling stations
4. Under first-past-the-post:
a. the candidate that has received the most votes is elected to represent the MPs
b.the candidate that has received the most votes is elected to represent the
constituency or ward
c. voters rank candidates by marking 1, 2, 3 and so on next to names of candidates
on a ballot paper
5. Under the Alternative Vote system:

a. voters rank candidates by putting a cross next to their preferred candidate on a
ballot paper
b. voters rank candidates in order of preference by putting X next to their names
c. voters rank candidates by marking 1, 2, 3 and so on next to names of candidates
on a ballot paper
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Modulul III.
THE LEGAL PROFESSION (I): SOLICITORS
1. The legal profession in England and Wales: solicitors
2. Grammar: the adjective (special constructions, order of adjectives)
Timp alocat: 1h
Bibliografie:
Craiova, 2016, p. 68-71.
înţelegeţi aspecte esenţiale ce caracterizează profesiile juridice din Marea Britanie
vă actualizaţi cunoştinţele de gramatică (adjectivul – construcţii speciale)
Solicitors
Solicitors undertake the general aspects of giving legal advice and conducting legal
proceedings. They have rights of audience in the lower courts and, if they have acquired appropriate
advocacy qualification, in the higher courts. They also prepare cases for barristers to present in
superior courts.
What solicitors do
Solicitors are involved in the following activities:
• providing expert legal advice and assistance, especially on the issues people regularly
encounter, such as buying a house, drawing a will etc;
• assisting commercial transactions;
• supporting the community and protecting the rights of individuals;
• instructing barristers;
• representing clients in the lower courts (magistrate court, county court and tribunal) and,
with relevant qualification, in higher courts.
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Education and training
There are three stages of training for solicitors:
1. academic stage: degree in law (three years full-time), or in any other subject followed by the
Common Professional Examination/ Graduate Diploma in Law - GDL;
Another route is through the Institute of Legal Executives.
2. vocational stage: the Legal Practice Course – one year full-time;
3. practice-based training (training contract) incorporating the Professional Skills Course – two
years full-time.
One can practise as a solicitor if one has been admitted to the roll, after completing the
degree, the Legal Practice Course, Professional Skills Course and practice-based training.
The Adjective
Special Constructions
a) comparative + and + comparative or more + and + more + adjective (“din ce în ce

mai”, “tot mai”) express gradual increase of a characteristic:
e.g. His results are better and better.
The story is more and more interesting (= even more interesting)
b) the + comparative…the + comparative (“cu cât mai…cu atât mai”) express parallel
increase of a characteristic:
e.g. The warmer the weather is, the nicer it is to take a walk in the woods.
c) the + comparative is used when two things or persons are compared:
e.g. Eric is the taller of the two brothers.
III Order of Adjectives
1) Adjectives of quality generally come before the nouns they qualify:

e.g. a young woman, a nice song, short hair
When several adjectives precede the same noun, their order is the following:
a) size
b) general description
c) age (and the adjective little)
d) shape
e) colour
f) material
g) origin
h) purpose
e.g. a long sharp knife
six beautiful old French chairs
a small round table
a red velvet dress
2) Sometimes adjectives come after the words they modify:

e.g. court martial attorney general notary public
secretary general proof positive knight errant
the Theatre Royal the Poet Laureate
Other expressions: from time immemorial
by all means possible
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a ditch four feet wide
somebody important
a person difficult to please
Concluzii:
Solicitors undertake the general aspects of giving legal advice and conducting legal
proceedings. They have rights of audience in the lower courts. They also prepare cases for barristers
to present in superior courts.
There are three stages of training for solicitors: academic stage, vocational stage, practice-
based training (training contract).
1. What is a solicitor? – 2 puncte
2. What activities does the work of a solicitor cover? – 2 puncte
3. Which are the stages of training for solicitors? – 2 puncte
4. What is the role of the Institute of Legal Executives? – 2 puncte
5. What does ‘to be admitted to the roll’ mean? – 2 puncte
Traduceri:
1. Cu cât sunt mai scurte nopţile, cu atât sunt mai lungi zilele.
Răspuns: The shorter the nights, the longer the days.
2. Astăzi este din ce în ce mai scump să călătoreşti.

3. S-a dovedit a fi cea mai ignorantă persoană pe care am întâlnit-o vreodată.
4. Cine este mai mic, Tom sau Dan?
5. Nu mai bea la fel de multă cafea ca înainte.
6. Fratele lui este mai puţin harnic decât sora lui.
7. Ai citit ultima piesă a lui Shakespeare?
8. Sora lui mai mare e o frumoasă tânără cu ochi verzi.
9. Care este planeta cea mai îndepărtată?
10. A fost pe departe cea mai plăcută vacanţă de Crăciun pe care am petrecut-o vreodată.
11. Tot mai puţini prieteni îl vizitează de când s-a pensiont.
12. Ea se îmbracă după ultima modă.
13. “Mergi cu noi într-o excursie de trei zile?” Am nevoie de mai multe informaţii.”
14. În grădina mea sunt mult mai multe flori decât în a ta.”
15. Nu am nici cea mai mică idee despre ce s-a întâmplat acolo.
16. Este un sfat obişnuit să alegi din două rele pe cel mai puţin rău, dar uneori nu ştii care
este cel mai puţin rău.
Grile:
1. Solicitors:
a. specialize in particular areas of law
b. undertake the general aspects of giving legal advice and conducting legal
proceedings
c. specialize in advocacy
2. Solicitors represent clients in:
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a. lower courts only
b. higher courts only
c. lower courts and, with appropriate qualification, in higher courts
3. One of the routes to becoming a solicitor is through:

a. the Institute of Legal Executives
b. the Legal Practice Course
c. the Bar Professional Course
4. There are ... stages of training for solicitors:

a. two
b. three
c. four
5. One can practise as a solicitor if:

a. one has been admitted to the roll
b. one has been admitted to the bar
c. one has been admitted to the Inns of Court
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Modulul IV.
THE LEGAL PROFESSION (II): BARRISTERS
1. The legal profession in England and Wales: barristers
2. Legal education
Timp alocat: 1h
Bibliografie:
Craiova, 2016, p. 65-83.
înţelegeţi aspecte esenţiale ce caracterizează profesiile juridice din Marea Britanie
Barristers
Barristers (in England and Wales) are specialists in advocacy, representing their clients in
court and also providing specialist legal advice. They are usually hired by solicitors to represent a
case in court. When a solicitor instructs a barrister, he prepares a document known as ‘instructions
to counsel’ or a ’brief to counsel’. Therefore, a barrister is also referred to as ‘counsel’.
Barristers increasingly specialise in particular areas of law such as commercial law, criminal
law, chancery law (estates and trusts) etc.
Self-employed barristers work in offices called chambers.
What barristers do
Barristers are involved in the following activities:
• advising clients on the law and the strength of their legal case / brief;
• providing counsel’s opinion;
• representing clients in court (preparing and presenting the case, examining and cross-
examining witnesses, summing up all relevant material, presenting arguments in court etc);
• negotiating settlements with the other side;
• researching relevant points of law;
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• drafting legal documents.
Education and training

There are three stages of training prior to full qualification:
1. academic stage: degree in law (three years full-time), or in any other subject followed by the
conversion course (GDL – Graduate Diploma in Law);
2. vocational stage: the Bar Professional Course (BPTC), one year full-time or two years part-
time;
3. pupillage: for one year in an authorised pupillage training organisation (either barristers’
chambers or another approved legal environment).
The Inns of Court

In order to become a barrister, one has to register in one of the four Inns of Court, i.e.
Middle Temple, Inner Temple, Gray’s Inn and Lincoln’s Inn.
The Inns of Court play an important role in the education and training of barristers, having
the sole right to call members to the Bar. They also deal with the discipline of barristers, including
the severe sanction of removing a barrister.
Junior barristers v. QC’s

When a person is called to the bar, he becomes a junior barrister and he remains so until he
decides to ‘take silk’, thus becoming a Queen’s Counsel (or King’s Counsel during the reign of a
male sovereign). When a member of the Inn is appointed a QC, he is called into the bar (as distinct
from ‘to the bar’).
Concluzii:
Barristers are specialists in advocacy. They represent their clients in court and provide
specialist legal advice. They are usually hired by solicitors to represent a case in court. A barrister is
also referred to as ‘counsel’.
Barristers specialise in particular areas of law such as commercial law, criminal law,
chancery law (estates and trusts) etc.
There are three stages of training prior to full qualification of barristers: academic stage,
vocational stage and pupillage.
1. What is a ‘counsel’? – 2 puncte
2. What particular activities does the work of a barrister cover? – 2 puncte
3. Which are the training stages for a barrister? – 2 puncte
4. What is a QC? – 2 puncte
5. What are the Inns of Court? – 2 puncte
Traduceri: 1. În România, avocatul este persoana cu studii juridice superioare a cărei

activitate constă în principal în asistarea sau reprezentarea persoanei fizice şi persoanei juridice în
raportul acestora cu autorităţile publice, cu instituţiile şi cu orice persoană română sau străină.
Răspuns: In Romania, a lawyer is a person with a degree in law, whose main activity
consists in assisting or representing natural and legal persons in their relation to public authorities,
institutions and any other Romanian or foreign person.
77
2. Atât la nivel naţional, cât şi internaţional, în exercitarea dreptului la apărare, avocatul are
dreptul şi obligaţia să asigure prin toate mijloacele legale liberul acces la justiţie, un proces
echitabil soluţionat într-un termen rezonabil.
Intrarea în profesie presupune două etape: dobândirea calităţii de avocat şi înscrierea în
barou în vederea exercitării efective a profesiei.
Contractul de asistenţă juridică, încheiat între avocat şi clientul său, reprezintă acordul de
voinţă expres exprimat şi încheiat între forma de exercitare a profesiei de avocat şi client, prin care
avocatul acceptă mandatul acordat de clientul său în temeiul căruia se obligă să efectueze tot ceea
ce este necesar şi legal în vederea asigurării apărării drepturilor, libertăţilor şi intereselor legitime
ale persoanei fizice sau juridice contractante.
Grile:
1. The legal profession in England and Wales is divided into two main branches:
a. solicitors and barristers
b. solicitors and lawyers
c. barristers and attorneys
2. Barristers are:
a. specialists in advocacy
b. usually not hired by solicitors
c. legal executives
3. The period of training for barristers is called:

a. training contract
b. internship
c. pupillage
4. The Inns of Court:

a. do not play an important role in the education of barristers
b. have the right to call members to the bar
c. deal with the discipline of solicitors
5. A QC is:
a. a Queen’s Counsel
b. a Queen’s Council
c. a Queen’s Court
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Modulul V.
THE COURT SYSTEM (I)
1. Classification of courts
2. Inferior courts
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 84-86.
înţelegeţi noţiunile esenţiale privind sistemul de instanţe din Marea Britanie
Classification of Courts
Since England and Wales are one jurisdiction, whereas Scotland and Northern Ireland each
have their own legal systems, the United Kingdom does not have one single court system.
Courts can be classified at several levels:

• civil courts and criminal courts
• original jurisdiction courts and appellate jurisdiction courts
• superior courts (e.g. the Supreme Court, the Employment Appeals Tribunal) and inferior
courts
The courts of original jurisdiction (i.e. which hear trials of first instance) are: the
magistrates’ courts, county courts, the Crown Court and High Court.
The Crown Court and High Court have both an original and appellate jurisdiction.
In most cases, the Supreme Court sits above all of these as the final court of appeal.
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Inferior Courts
Magistrates’ Courts
Magistrates’ courts are local, inferior courts. They primarily have a criminal jurisdiction, as
well as a limited civil jurisdiction (family law matters, recovery of certain debts, the licensing of
gambling institutions). They are also responsible for the enforcement of fines and community
punishments.
A separate criminal jurisdiction in the magistrates’ courts concerns adolescent crime, the
court being known as the ‘youth court’.
Where cases required a penalty greater than magistrates’ sentencing powers, cases will be
sent to the Crown Court.
County Courts
Also considered an inferior court, the county court deals with civil matters and its
jurisdiction is set out in statute. It is often referred to as the small claims court.
Discover the main points of the jurisdiction of a county court by filling in the blank spaces
with the given words and expressions:
adoption, injury, debt, disputes, breach, credit
• Claims for ... repayment, including enforcing court orders and return of goods bought on...,
• Personal ... claims (injuries caused by negligence), for example, traffic accidents, accidents
at work
• ...of contract concerning goods or property
• Family issues such as relationship breakdown or ...
• Housing..., including mortgage and council rent arrears and re-possession.
Concluzii:
Courts can be classified at several levels:
• civil courts and criminal courts
• original jurisdiction courts and appellate jurisdiction courts
• superior courts and inferior courts
1. How can courts be classified?– 2 puncte
2. Describe the jurisdiction of Magistrates’ Courts. – 2 puncte
3. When are cases sent to the Crown Court? – 2 puncte
4. Describe the jurisdiction of County Courts. – 2 puncte
5. How is the county court referred to? – 2 puncte
Traduceri: 1. O funcţie importantă a justiţiei o constituie posibilitatea controlului

constituţionalităţii legilor.
Răspuns: An important function of justice is the possibility of judicial review.
2. Magistratul, şi în special judecătorul, are un rol esenţial în statul de drept, el impunându-

şi puterea de control nu numai faţă de subiecţii de drept, ci şi faţă de celelalte puteri.
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Magistratura este activitatea desfăşurată de judecători în scopul înfăptuirii justiţiei şi de
procurori în scopul apărării intereselor generale ale societăţii, a ordinii de drept şi a drepturilor şi
libertăţilor cetăţenilor.
Grile:
1. The United Kingdom:
a. has one single court system
b. does not have one single court system
c. has a unified court system
2. Courts can be classified at several levels:

a. higher courts and lower courts
b. civil courts and criminal courts, original jurisdiction courts and appellate
jurisdiction courts, superior courts and inferior courts
c. civil courts and criminal courts, original jurisdiction courts and appellate
jurisdiction courts
3. The Crown Court and High Court have:

a. original jurisdiction
b. appellate jurisdiction
c. both original and appellate jurisdiction
4. Magistrates’ courts:
a. primarily have a criminal jurisdiction, as well as a limited civil jurisdiction
b. are not responsible for the enforcement of fines and community punishments
c. have appellate jurisdiction
5. County courts are considered:

a. superior courts
b. inferior courts
c. appellate courts
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Modulul VI.
THE COURT SYSTEM (II)
1. Superior courts
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 86-95.
înţelegeţi noţiunile esenţiale privind sistemul de instanţe din Marea Britanie
Superior Courts
The Crown Court
The Crown Court is a superior court. It deals with more serious criminal cases such as
murder, rape or robbery, some of which are on appeal or referred from magistrates’ courts. Trials
are heard by a Judge and a jury consisting of 12 members. Members of the public are selected for
jury service or may have to go to court as witnesses. Crown Court cases originate from magistrates’
courts.
As a court of appellate jurisdiction, the Crown Court hears appeals against decisions of
magistrate’s courts.
The High Court

The High Court rules on higher level civil disputes within three divisions
• the Queen’s Bench Division
• the Chancery Division
• the Family Division
and deals with other jurisdictions including the Administrative Court.
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The High Court has unlimited jurisdiction in civil matters, but it also has important appellate
and reviewing jurisdiction in respect of criminal matters.
The Court of Appeal

The Court of Appeal consists of two divisions: the Criminal Division and the Civil Division.
It thus deals with civil appeals from the High Court and the county court, as well as appeals from
certain tribunals such as the 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.
The Supreme Court
The Constitutional Reform Act 2005 removed the judicial function of the House of Lords
from Parliament, establishing a new, independent supreme court (from October 2009).
The Supreme Court of the United Kingdom 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, where the 12 most senior judges - the Lords of Appeal in Ordinary, or Law Lords - sat. It
acted as the final court on points of law for the whole of the United Kingdom in civil cases and for
England, Wales and Northern Ireland in criminal cases.
The creation of a new Supreme Court means that the most senior judges are now entirely
separate from the Parliamentary process.
As an appeal court, the Supreme Court cannot consider a case unless a relevant order has
been made in a lower court.
The main points of the jurisdiction of the Supreme Court can be stated as follows:
• it is the final court of appeal for all United Kingdom civil cases, and criminal cases from
England, Wales and Northern Ireland
• hears appeals on arguable points of law of general public importance
• focuses on cases of the greatest public and constitutional importance
• maintains and develops the role of the highest court in the United Kingdom as a leader in
the common law world
Concluzii:
Superior courts are: the Crown Court, which deals with more serious criminal cases, the
High Court, which rules on higher level civil disputes within three divisions, the Court of Appeal,
which consists of the Criminal Division and the Civil Division and the Supreme Court of the United
Kingdom, which 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.
1. Describe the jurisdiction of the Crown Court. – 2 puncte
2. Describe the jurisdiction of the High Court. – 2 puncte
3. Describe the jurisdiction of the Court of Appeal. – 2 puncte
4. Describe the jurisdiction of the Supreme Court. – 2 puncte
5. Give examples of civil courts and criminal courts. – 2 puncte
83
Traduceri: 1. Judecătorul este persoana cu studii juridice superioare care, în condiţiile
prevăzute de lege, este învestită în funcţie de către stat prin reprezentanţii săi constituţionali.
Răspuns: A judge is a person with a degree in law who, as provided by law, is invested in
office by the state through its constitutional representatives.
2. Judecătorul are drepturi şi obligaţii specifice ce derivă direct din Constituţie şi din lege,
şi are dreptul şi responsabilitatea aplicării legii în cadrul sistemului instanţelor judecătoreşti.
Procurorul este persoana cu studii juridice superioare, învestită în funcţie în condiţiile
specifice prevăzute de lege, de către stat, prin reprezentanţii săi legali, independentă, imparţială şi
stabilă, care are dreptul şi responsabilitatea de a asigura şi supraveghea aplicarea legii în cadrul
organizat al parchetelor de pe lângă instanţele judecătoreşti.
În sistemul românesc, judecătoriile judecă în primă instanţă toate procesele şi cererile, în
afară de cele date prin lege în competenţa altor instanţe.
Ca instanţe de apel, tribunalele judecă apelurile declarate împotriva hotărârilor pronunţate
de judecătorii în primă instanţă.
În primă instanţă, tribunalele judecă şi cererile pentru repararea prejudiciilor cauzate prin
erori judiciare săvârşite în procesele penale.
Grile:
1. In the Crown Court, trials are heard:
a. by a judge and a jury
b. by a judge and a jury consisting of 11 members
c. by a judge and a jury consisting of 10 members
2. Crown Court cases originate from:

a. county courts
b. the High Court
c. magistrates’ courts
3. The High Court has:

a. two divisions
b. three divisions
c. four divisions
4. The Court of Appeal has:

a. two divisions
b. three divisions
c. four divisions
5. Before the establishment of the Supreme Court, the highest court of appeal was:
c. the Court of Appeal
84
Modulul VII.
CIVIL PROCEDURE
1. Civil procedure
2. Grammar: the pronoun (personal, possessive, reflexive, emphatic)
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 95-96.
vă familiarizaţi cu termenii esenţiali din cadrul procedurii civile
vă actualizaţi cunoştinţele de gramatică (pronumele)
Procedural systems
There are two main procedural systems:
- the inquisitorial or investigatory system in which the judge plays an important role in
conducting a case.
- the adversary or contradictory or accusatorial system in which the judge acts as a referee,
playing a passive role and checking that everything takes place according to the rules of a fair trial.
Procedure is of paramount importance because of the legacy of forms of actions. For a very
long time the system of England was adversary, but new rules of procedure have given judges more
powers, therefore England has come closer to the inquisitorial system, but still is accusatorial.
How civil law is enforced in England and Wales
A person who believes that another individual or organisation has committed a civil wrong
can complete a claim form and send it to the appropriate court. The County Court, which is based at
over 200 locations, deals with lower-value cases, whereas the High Court, which is in London,
hears most higher-value cases. In the County and High Courts, each case is heard by a single judge.
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The person who starts a civil case is called a claimant, and he or she has the burden of
proving that the other party (the defendant) committed a civil wrong. If the claimant is successful,
the usual remedy is damages: a sum of money paid as compensation by the defendant to the
claimant. Other remedies include court orders prohibiting a person from behaving in a certain way.
Either party to a civil case may appeal to a higher court against the decision.
It is important to note that the courts are strongly supporting alternatives to litigation, in
particular alternative dispute resolution (ADR) initiatives.
I The Personal Pronoun
The forms of the personal pronoun are:

Sg. Pl.
N I we
you you
he they
she
it
D/ Ac me us
you you
him them
her
it
I 1. Uses of IT
It is used:
1. to talk about a thing or animal:

e.g. Where is my pencil? I left it on the table.
But: It can be used of people in sentences such as:
Who is that/ Who is it? (demonstrative it)
It’s the postman.
2. in expressions of time, weather, distance, temperature (impersonal it):

e.g. It’s ten o’clock.
It is snowing.
It’s five years since I last saw him.
3. to emphasize a word or a phrase (emphatic it):

e.g. It was Tom who helped me.
4. to introduce a subject clause (or an infinitive) and “anticipate” the real subject
(introductory – anticipatory it):
e.g. It is certain that prices will go up.
It is easy to learn this rule.
I 2. You, we and they used as indefinite pronouns
You and they are used to speak about people in general:

e.g. You can’t do much without money.
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They say (= people say) it is going to rain.
They can also mean “the authority concerned” i.e. the government/ one’s employers/ the
police etc:
e.g. They want to build a new hospital.
We has three uses: “royal” we (used by rulers), “editorial“ we (used by authors, lecturers
etc), or to replace you (when talking to children or the sick).
II The Possessive Pronoun and the Possessive Adjective
II 1. The Possessive Pronoun
The possessive pronoun replaces both the object that is possessed and the person who
possesses it. The forms of the possessive pronoun are:
Person/ Number Sg. Pl.

First person mine ours
Second person yours yours
Third person his theirs
hers
its
e.g. Is this your pencil?

No, it’s not mine.
Ask Mary if it is hers.
Is it yours, Mary?
Note: Possessive pronouns can occur in a double genitive form:

e.g. a friend of mine = one of my friends
II 2. The Possessive Adjective
The possessive adjective replaces the person who possesses a thing and determines the noun
that expresses the possessed object. The forms of the possessive adjective are:
First person my our
Second person your your
Third person his their
her
it
Note: For emphasis or contrast, own or very own can follow the possessive adjective:
e.g. her own idea
I’m on my own = I’m alone
III The Demonstrative Pronoun and the Demonstrative Adjective
III 1. The demonstrative pronoun and the demonstrative adjective have the following forms:
Sg. Pl.
“near” reference this these
“distant” reference that those
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Note 1: One/ ones is sometimes placed after these demonstratives when an idea of
comparison or selection is implied:
e.g. This chair is too low. I’ll sit in that (one).
I like this red one/ red ones.
Note 2: This and that can be followed by plural nouns to express a period of time, a sum of
money, a certain distance etc, i.e. when these nouns are regarded as a whole:
e.g. That twenty dollars was a good price.
III 2. Other demonstratives that can function as a pronoun or adjective (or both) are:
1) the former – the latter (see the Irregular Comparison of Adjectives)
2) the other – the others
The other can be a demonstrative pronoun or adjective, whereas the others can be a
pronoun only:
e.g. Give me the other pencil!
I will eat this half of the apple and you will eat the other.
We went to the theatre, the others went to the cinema.
3) the same
e.g. He studies in the same school as his friends.
“Merry Christmas!” “The same to you!”
4) such
e.g. Such is life!
Have you ever heard such stories?
IV The Reflexive and Emphatic Pronoun
The reflexive and emphatic pronouns have the same forms:

First person myself ourselves
Second person yourself yourselves
Third person himself themselves
herself
itself
IV 1. The Reflexive Pronoun
The reflexive pronoun is used:

1) as object of a verb when the action of the verb returns to the doer, i.e. when subject and
object are the same person:
e.g. He cut himself.
I’m teaching myself German.
They blame themselves for the accident.
Note: Reflexive pronouns are preferred to personal pronouns when there is an emotional
reference to the person’s self:
e.g. She was beside herself with rage.
1) with the following classes of verbs:

a) verbs that are practically always used reflexively: absent oneself (from), avail oneself
(of), busy oneself (with), pride oneself (on):
e.g. He busied himself with his papers.
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b) verbs that are reflexive in a certain sense (with a certain meaning): apply (oneself),
behave (oneself), conduct (oneself), depart (oneself):
e.g. He applied himself to the task. /vs/ He applied for a job.
c) optionally reflexive verbs: adjust, comb, dress, prove, qualify, shave, wash:
e.g. She proved (herself) to be very good at computers.
Note: The reflexive pronouns occur in a few phrases:
Help yourself!
Make yourself at home!
to behave oneself
to enjoy oneself
to make oneself heard
strictly between ourselves
IV 2. The Emphatic Pronoun
Although the emphatic pronouns have the same form as the reflexive pronouns, they have
an end position in the sentence or come after the noun phrase/ group they refer to:
e.g. Tom went to London himself.
Tom himself went to London.
Note: When preceded by the prepositions by, of or for , the emphatic pronoun has the
meaning “alone”:
e.g. I made the dress by myself.
I want to see for myself.
1. Which are the main procedural systems? – 2 puncte
2. How would you characterize the system of England? – 2 puncte
3. Describe civil proceedings in brief. – 2 puncte
4. Which is the role of the claimant? What remedy can he obtain? – 2 puncte
5. What is ADR? – 2 puncte
Exerciţii: 1. Fill in the blank spaces with there or it as introductory elements:
1….is two years since he left. 2….was the car keys that I lost and found again. 3….is no
place like home. 4….is hard to find a good man. 5….is a girl waiting for your sister. 6….is two
kilometres to his school. 7….was a fine drizzle of rain falling. 8….was some time before I
discovered he was a real friend. 9….is something fishy going on there, but …is not my job to find
out.
Răspuns: 1. It is two years since he left.
2. Fill in the blank spaces with another, the other, the others, others:
1. There is a table in the kitchen and there is … in the living room. 2. This room is as large as…
three. 3. Some people are generous, …are mean. 4. Some of the guests drank champagne,
…preferred wine. 5. He has two dogs: one is black and…is white. 6. My son has grown out of his
clothes, I’ll have to buy him …soon. 7. He that tells a secret is…servant. 8. Tell …we’ll be there on
time. 9. Can I have …drink? 10. Every time he asks us…questions.
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Grile:
1. There are two main procedural systems:
a. the inquisitorial system and the investigatory system
b. the inquisitorial system and the adversary system
c. the adversary system and the accusatorial system
2. In the inquisitorial system:

a. the judge plays an important role in conducting a case
b. the judge plays a secondary role in conducting a case
c. the judge is a sort of referee
3. A person who believes that another individual has committed a civil wrong can
complete:
a. a complaint
b. a claim form
c. a form of application
4. The person who starts a civil case is called:

a. a defendant
b. a plaintiff
c. a claimant
5. The usual remedy is:

a. damage
b. an order
c. damages
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Modulul VIII.
CRIMINAL PROCEDURE
1. Criminal procedure
2. Grammar: the pronoun (reciprocal, relative, interrogative, indefinite)
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 96-97.
vă familiarizaţi cu termenii esenţiali din cadrul procedurii penale
vă actualizaţi cunoştinţele de gramatică (pronumele)
How criminal law is enforced in England and Wales
A person who believes that a crime has been committed contacts the police, who conduct an
investigation. If the police consider that a person committed a crime, after arresting and
interviewing him or her, then the individual is charged and a report of the case is sent to the Crown
Prosecution Service (CPS).
If, according to the CPS, the case has a reasonable prospect of success, and it is in the public
interest to do so, it will start criminal proceedings against the suspect, who now becomes the
defendant in the case. It is the duty of the CPS to prove, beyond reasonable doubt, that the
defendant committed the crime.
Minor offences, such as speeding, are heard by Magistrates’ Courts. Many towns in England
and Wales have their own Magistrates’ Court, where cases are heard by three magistrates. They do
not give reasons for their decisions.
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The Crown Court, based in about 90 centres throughout England and Wales, hears very
serious offences, such as murder and rape. A jury consisting of 12 people chosen at random from
the local population will decide, without stating any reason, whether the defendant is guilty of the
offence or not. Juries are initially told to reach a unanimous verdict, but the judge may allow them
to bring back a majority verdict and decide that an 11:1 or 10:2 majority is sufficient. Juries are
advised about the law by the judge, who also imposes a sentence if the defendant is found guilty.
Some intermediate offences, such as theft, may be tried in a Magistrates’ Court or the
Crown Court.
The sentences available for criminal offences include fines (payment of a sum of money to
the state), imprisonment and community punishments such as unpaid supervised work.
V The Reciprocal Pronoun
The reciprocal pronouns each other and one another express reciprocal relations between
persons or things.
e.g. They loved each other a lot.
Don’t look at one another.
Note: Although theoretically each other refers to two entities and one another to more
than two, they are interchangeable.
VI The Relative Pronoun

The relative pronouns have the following forms:
For persons: N who
that
G whose
Ac whom/ who
D to whom
For things: N which
that
G whose/ of which
Ac which
that
D to which
Note: What and which can be relative adjectives:

e.g. The teacher explained to the pupils what exercises to do.
She didn’t know which book to choose.
WHO
Who is used for persons as a subject of a relative clause:
e.g. The man who was standing in front of the house was her husband.
Note: That is an alternative, especially after all, everyone, everybody, no one, nobody,
those:
e.g. The girl that is just coming is my sister.
Everyone who/ that knew him liked him.
Nobody who/ that saw the football match will ever forget it.
Whom is the object form. In colloquial English who or that are preferred and it is still more
common to omit it:
e.g. The man whom/ who/ that I saw seemed scared.
The man I saw seemed scared.
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In formal English the preposition is placed before the relative pronoun:
e.g. the man to whom I spoke
In informal English the preposition is moved to the end of the sentence (in this case whom
may be replaced by that) or is just omitted:
e.g. the man who/ whom/ that I spoke to
the man I spoke to
Whose expresses who or what something belongs to or is connected with:
e.g. The girl whose dress is blue is his sister.
WHICH
Which refers to things or animals. As a subject, it has that as an alternative, but it is more
formal:
e.g. This is the picture which/ that caused such a sensation.
The object form is which/ that/ no relative:
e.g. This is the car which/ that I like.
This is the car I like.
It is more usual to move the preposition to the end of the sentence. In this case which/ that
can be omitted:
e.g. The ladder on which I was standing began to slip.
The ladder which/ that I was standing on began to slip.
The ladder I was standing on began to slip.
The possessive form whose is possible, but with + a phrase is more usual:
e.g. a house whose walls were made of glass
a house with glass walls
AS can be a relative pronoun. It usually appears after same or such:
e.g. I don’t like such people as never laugh.
She studies in the same school as her cousin.
BUT can also be a relative pronoun. It is used in combination with a negative of a preceding
sentence:
e.g. There was no one there but had seen that movie.
VII The Interrogative Pronoun and the Interrogative Adjective
The interrogative pronouns and adjectives have the following forms:

For persons: N who (pronoun)
G whose (pronoun and adjective)
Ac whom/ who (pronoun)
D to whom
For things: N/Ac what (pronoun and adjective)
For persons or things when the choice is restricted:
N/ Ac which (pronoun and adjective)
e.g. Who is coming?
Whose car is that? Whose is it?
Who(m) did you meet there?
To whom were you speaking?
Note: In ordinary English the preposition is usually moved to the end of the sentence.
Whom then normally changes to who:
e.g. Who were you speaking to?
Differences between WHAT and WHICH
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1) What as subject of the sentence is followed by a verb in the singular. It implies that the
choice is made from an unlimited number:
e.g. What has happened?
What was his answer?
What…for means ”why”:
e.g. What did you do that for?
What + be…like? is a request for a description:
e.g. What was the exam like?
“What is he like?” “Short, fat and friendly.”
2) Which as subject of the sentence is followed by a verb in the singular or the plural and
implies that the choice is made from a limited number:
e.g. Here are the books, which is yours and which are theirs?
Which poet do you like best?
VIII The Indefinite Pronoun and the Indefinite Adjective
VIII 1. SOME, SOMEBODY, SOMEONE, SOMETHING
Some (pronoun and adjective) has the meaning of an indefinite quantity or number.
It is used:
- to substitute plural or uncountable nouns (in affirmative sentences):
e.g. The kid needs colour pencils, I’m going to buy some (pencils).
I need some information before starting the procedure.
- in negative sentences if the meaning is affirmative:
e.g. She never visits us without bringing some chocolate for the kids.
- in questions if the answer “yes” is expected:
e.g. Did some of you sleep on the floor? (I expect so)
- in offers and requests:
e.g. Would you like some coffee?
- to suggest an emotional appraisal meaning “extraordinary”:
e.g. That’s some painting! (= a real, true painting)
Somebody and someone substitute nouns with personal reference and take a singular verb.
However, in colloquial English, they are replaced by they:
e.g. There is somebody at the door.
Someone wants to speak to you on the phone.
“Someone broke into his house.”
“Did they?”
Note: Somebody may be used as a noun when it means “a person of some importance”:
e.g. Now that he did that, he is (a) somebody.
Something has non-personal reference and takes a singular verb:
e.g. I need something to write with.
VIII 2. ANY, ANYBODY, ANYONE, ANYTHING
Any refers to an indefinite quantity or number. Unlike some, it is used:

- to substitute plural or uncountable nouns (in negative sentences):
e.g. I want to buy some apples, we haven’t got any.
We haven’t got any bread either.
- with hardly, barely, scarcely (which are almost negatives):
e.g. They have hardly any money.
- in questions:
94
e.g. Is there any milk left?
- in affirmative sentences with the meaning “no matter what”:
e.g. Any suggestion will be taken into account.
Anybody and anyone are similar to somebody and someone, but follow the rules of any:
e.g. The manager is busy, he can’t see anybody.
Is there anyone home?
Anything has non-personal reference and it means “a thing of any sort” or, in affirmative
sentences, “no matter what”:
e.g. Do you want anything from the chemist’s?
I want to drink something: anything will do.
VIII 3. NO, NONE, NOBODY, NO ONE, NOTHING
They all occur in negative sentences, when the verb is in the affirmative.
No (indefinite adjective) is used with affirmative verbs, as an alternative of negative verb +
any:
e.g. He drinks no tea. (= he doesn’t drink any tea)
None may have personal or non-personal reference:
e.g. Of all his friends, none could come to his farewell party.
Nobody and no one have personal reference:
e.g. Nobody knows the truth.
No one has seen this movie.
Nothing has non-personal reference:
e.g. There is nothing you can do.
VIII 4. ALL, BOTH
All refers to a number of persons or things considered as a group. It can take a singular or a
plural verb:
e.g. All that glitters is not gold.
They were all present.
Both refers to only two people, things and takes a plural verb:
e.g. They were both writing their homework.
Note: Both…and can have an emphatic value:
e.g. It was both cold and wet.
VIII 5. EITHER, NEITHER
Either and neither refer to two people, things etc.

Neither means “ not one and not the other” and takes an affirmative singular verb:
e.g. He tried both keys but neither (of them) worked.
I’ve read neither of these (books).
Either means “any one of two” and takes a singular verb. Either + negative verb can
replace neither + affirmative, except when neither is the subject of the verb:
e.g. “Which book do you prefer?”
“Neither/ either.”
I haven’t read either of these (books).
Note 1: Either…or + negative verb can replace neither…nor + affirmative verb except
when neither…nor is the subject of a verb:
e.g. He neither wrote nor phoned.
He didn’t either write or phoned.
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Note 2: Either…or can express alternatives emphatically:
e.g. You can have either cake or ice cream. (not both)
VIII 6. EACH, EVERY

Each is a pronoun and adjective. It refers to a number of persons or things considered
individually:
e.g. Each of us signed the papers.
Each person told his or her name.
Note: Each can follow a plural countable noun, emphasizing the fact that the action was
performed separately:
e.g. These people are each experts in this field.
Every is an adjective only. It is closer in meaning to all, but it refers to a number of people
or things considered individually. In practice it is often used when we are thinking of a group:
e.g. He writes very often and every letter is full of love.
Every man had a weapon. (= All men had weapons)
VIII 7. MUCH, MANY, MORE, MOST

As a pronoun much substitutes singular, uncountable nouns and as an adjective it is used
with such nouns:
e.g. We still have much to learn.
There wasn’t much information on this subject.
As a pronoun many substitutes plural nouns and as an adjective it is used with such nouns:
e.g. A few people went on, but many gave up.
Many writers became famous after they died.
More and most can be used with countable and uncountable nouns:
e.g. Don’t ask for more!
Most of the information you need was deleted.
VIII 8. (A) LITTLE, (A) FEW

Little and a little are used with uncountable nouns.
Little means “not much”:
e.g. I am so hungry, I have eaten little food today.
A little means “at least some”, it expresses a small amount:
e.g. Put a little cream in your coffee!
Few and a few are used with countable nouns.
Few means “not many”:
e.g. Unfortunately, few people really understand the significance of Christmas.
A few means “at least some”, it expresses a small number:
e.g. I am happy I have a few good friends. (= several good friends)
VIII 9. ONE, YOU, THEY

As indefinite pronouns, one and you mean “everyone”, “anyone”, but you is preferred. So,
the construction:
You never know what you can do till you try.
Is preferred to:
One never knows what one can do till one tries.
They refers to a group of people whose identity needs not to be expressed or to people in
general:
e.g. They speak English in this country.
96
1. What does CPS stand for? - 2 puncte
2. Who has the burden of proof? – 2 puncte
3. What court hears minor offences? – 2 puncte
4. Who decides whether the defendant is guilty of the offence or not? – 2 puncte
5. Is a unanimous verdict mandatory? – 2 puncte
Traduceri: 1. Nu râdeţi unul de altul!

Răspuns: Do not laugh at each other!
2. Ai înapoiat cartea altcuiva, nu ncolegului meu.

1. Îţi voi da orice îmi ceri cu excepţia maşinii.
2. Aş mai vrea nişte ciocolată pentru tort.
3. Genul de rochie pe care îl cauţi nu se mai poartă de mult.
4. În familia noastră ne ajutăm reciproc. Nimeni nu se gândeşte doar la sine.
5. Când mergi în vizită la ei, încearcă să te porţi cum trebuie.
6. Frânghia cu care l-au legat I-a intrat în piele.
7. Nimeni n-a aflat nimic deocamdată.
8. Nu văd aproape nimic din cauza ceţii.
Grile:
1. When someone believes that a crime has been committed, ... conduct an
investigation:
a. the police
b. the courts
c. the judges
2. The burden of proving that the defendant committed a crime lies with:
a. the police
b. the CPS
c. the lawyer
3. Speeding offences are heard by:

a. the Crown Court
b. Magistrates’ Courts
c. County Courts
4. Members of the jury are chosen:

a. extremely carefully
b. from a short list
c. at random
5. Theft may be tried in:

a. a Magistrates’ Court or the Crown Court
b. Magistrates’ Courts
c. the Crown Court
97
Modulul IX.
THE EUROPEAN UNION: THE BEGINNINGS
1. The European Union – the beginnings
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 100-105.
vă familiarizaţi cu termenii esenţiali din dreptul UE
The European Union – the Beginnings
The beginnings of the European Union can be traced back in the 1950s. The first treaty
underpinning the process of European integration was the Treaty of Paris, concluded in 1951 and
effective from 1952, which established the European Coal and Steel Community (ECSC). The
original member states were: France, West Germany, Italy, Belgium, Luxembourg and the
Netherlands.
Two other Communities were established by the Treaties of Rome (1958): the European
Economic Community aiming at economic development through the setting up of a common
market and the approximation of the economic policies of member states, and the European Atomic
Energy Community (Euratom), devoted to sectoral matters and creating the technical and industrial
conditions necessary to establish the nuclear industries and direct them to peaceful use in order to
lay the basis of a single energy market.
The Single European Act (1986) was the first major amendment to the founding Treaties
pursuing the establishment of the single European market. It represented the most important
revision of the treaties since their adoption, bringing about changes and reforms to the Community
by adjusting its institutional structure and expanding its competence.
Later, the Treaty of Maastricht created the European Union with broad economic, political
and social objectives. After various revisions, the Treaty on European Union (TEU) was eventually
98
agreed and signed by the States in Maastricht in February 1992. According to the terms of this
Treaty, the EU came into being on 1 November, 1993.
Article B of the TEU stipulates that the Union will set itself a series of objectives.
Fill in the blank spaces with the given words in order to discover these objectives:
implementation, affairs, acquis communautaire, effectiveness, establishment, sustainable, policy,
frontiers, nationals
• To promote balanced and ... economic and social progress, in particular through the creation
of an area without internal ..., through the strengthening of economic and social cohesion
and through the ... of economic and monetary union.
• To assert its identity on the international scene through the ... of a common foreign and
security... including the eventual forming of a common defence policy which might in time
lead to a common defence.
• To strengthen and protect the rights and interests of its member states’ … through the
introduction of a citizenship of the Union.
• To develop close cooperation on justice and home…
• To maintain in full the … and build on it with a view to considering to what extent the
policies and forms of cooperation introduced by the Treaty may need to be revised so as to
ensure the … of the mechanisms and the institutions of the Community.
Other treaties were the Treaty of Amsterdam (1999), aiming to reform the EU institutions in
preparation for the arrival of future member countries, and the Treaty of Nice (2003), meant to
reform the institutions so that the EU could function effectively after reaching 25 member
countries.
Nowadays, the EU is an economic and political partnership between 28 European countries.
The first steps were to foster economic cooperation, based on the idea that countries trading
with one another become economically interdependent and a conflict is less likely to occur under
such circumstances.
In time, EU has developed into a huge single market with the euro as its common currency,
as well as into an organisation spanning all policy areas, from development aid to environment.
The peoples of Europe have enjoyed half a century of peace, stability, and prosperity, better
and better living standards, and a single European currency.
The free movement of people throughout most of the continent is due to the abolition of
border controls between EU countries.
One key concept characterizing the objectives and activity of the European Union is the rule
of law. This means that everything that it does is founded on treaties, voluntarily and
democratically agreed by all member countries. These binding agreements set out the EU’s goals in
its many areas of activity.
Other values promoted by the EU are: respect for human rights and freedoms, human
dignity, democracy, equality.
Since the 2009 signing of the Treaty of Lisbon, the EU’s Charter of Fundamental Rights
brings all these rights together in a single document. The EU’s institutions are legally bound to
uphold them, as are EU governments whenever they apply EU law.
The single market is the EU’s main economic engine, enabling most goods, services, money
and people to move freely.
In its evolution, the EU remains focused on making its governing institutions more
transparent and democratic and on addressing global problems, such as climate change, with one
voice. More powers are being given to the directly elected European Parliament, while national
parliaments are being given a greater role, working alongside the European institutions.
99
European citizens have an ever-increasing number of channels for taking part in the political
process.
Concluzii:
The beginnings of the European Union can be traced back in the 1950s. The first treaty
underpinning the process of European integration was the Treaty of Paris, concluded in 1951 and
effective from 1952, which established the European Coal and Steel Community (ECSC). The
original member states were: France, West Germany, Italy, Belgium, Luxembourg and the
Netherlands.
1. How did the European Union start out? – 2 puncte
2. Which was the role of the Treaty of Maastricht? – 2 puncte
3. Name other EU treaties. – 2 puncte
4. Can you state some of the EU objectives? – 2 puncte
5. What values does the EU promote? – 2 puncte
Traduceri:1. Comunitatea şi-a stabilit ca obiectiv să menţină şi să dezvolte un spaţiu de

libertate, securitate şi justiţie, în cadrul căruia este garantată libera circulaţie a persoanelor.
Răspuns: The Community has as an objective to maintain and develop an area of freedom,
security and justice where the free movement of persons is guaranteed.
2. Pentru realizarea treptată a unui astfel de spaţiu, Comunitatea trebuie să adopte, între altele,
măsurile în domeniul cooperării judiciare în materie civilă care sunt necesare pentru buna
funcţionare a pieţei interne. Anumite disparităţi între normele interne care reglementează
competenţa judiciară şi recunoaşterea hotărârilor împiedică buna funcţionare a pieţei interne.
Adoptarea de dispoziţii care să unifice normele referitoare la conflictele de competenţă în materie
civilă şi comercială şi la simplificarea formalităţilor în vederea recunoaşterii şi executării rapide şi
simple a hotărârilor de către statele membre legate prin prezentul regulament este indispensabilă.
Grile:
1. The beginnings of the European Union can be traced back:
a. in the 1940s
b. in the 1950s
c. in the 1960s
2. The first treaty supporting the process of European integration was:

a. the Treaty of Paris
b. the Treaty of Rome
c. the Treaty of Lisbon
3. The Treaties of Rome (1958) established:

a. the European Economic Community
b. the European Atomic Energy Community (Euratom)
c. the European Economic Community and the European Atomic Energy Community
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4. The European Union was created by:
a. the Treaty of Maastricht
b. the Treaty of Paris
c. the Treaty of Rome
5. Since the 2009 signing of the Treaty of Lisbon, the EU’s ... brings all these rights
together in a single document.
a. Charter of Fundamental Rights
b. Declaration of Human Rights
c. Treaty on Fundamental Rights
101
Modulul X.
SOURCES OF EU LAW
1. Sources of EU law
2. Grammar: the numeral
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 105-106, 121-123.
vă familiarizaţi cu termenii esenţiali din dreptul UE
vă actualizaţi cunoştinţele de gramatică (numeralul)
Sources of EU law
The main distinction at the EU law level is between ‘primary’ and ‘secondary’ legislation.
The treaties (primary legislation) are the basis or ground rules for all EU action. They set
out the distribution of competences between the Union and the Member States and establish the
powers of the European institutions.
Secondary legislation comprises unilateral acts and agreements. Unilateral acts include
regulations, directives, decisions, opinions and recommendations. Agreements group together
international agreements, signed by the EU and a country or outside organization, agreements
between Member States, and interinstitutional agreements, i.e. agreements between the EU
institutions.
There is a third source of EU law, called supplementary law: the case law of the Court of
Justice, international law and the general principles of law.
102
I The Cardinal Numbers/ Numerals
1) The figure 0 can be written and pronounced or expressed in the following ways:
Zero [‘zi∂r∂u] – commonly used in AE, in mathematics, for temperature
e.g. It is ten degrees below zero.
Nought [no:t] – used in BE, in mathematics;
Oh [∂u] – used when reading out long numbers, one figure at a time (e.g. telephone numbers,
account numbers etc.)
e.g. Dial 3117 [‘θri’dΛbl,wΛn’sev∂n] and ask for extension 90 [‘nain’∂u]
nil [nil] or nothing - used to express scores in team games:
e.g. Leeds United won 4.0. (four nil/ four nothing)
love – used to express scores in tennis
e.g. Năstase leads by 30.0 (thirty-love)
the word cipher/ cypher [‘saif∂] – in literary style, or when referring to a person of no
importance or influence:
e.g. He is a mere cipher in this company.
2) Unlike most other languages, in English numbers composed of four or more figures are
divided into three by a comma or a blank, from the end.
e.g. 1,735 – 1735
3)When the cardinal number contains a full stop (.), the number(s) that occur(s) after the full
stop indicate(s) a fraction:
e.g. 9.25 (nine point twenty-five)
4) When reading or writing in words a number composed of three or more figures, we place
and before the word denoting tens or units:
e.g. 514 five hundred and fourteen
7,903 seven thousand, nine hundred and three
5) The words hundred, thousand, million, dozen (=12), score (=20) and gross (=144) are never
used in the plural when preceded by a definite number or by several, a few or a couple of:
e.g. three hundred years
ten thousand books
twenty million people
three dozen eggs
ten score coloured pencils
several hundred boxes
a few thousand dollars
a couple of hundred pages
The word gross is always followed by of when preceded by a definite number:
e.g. two gross of hair pins
However, the words hundred, thousand, million, billion, dozen, score and gross are used in the
plural when they convey the idea of a large, indefinite number:
e.g. hundreds of people
thousands of flowers
millions of stars
dozens of times
scores of letters
to sell in dozens and in grosses
many hundreds/ thousands
Telling the Time

3.00 It is three (o’clock) a.m.
3.15 It is a quarter past three. (In AE the preposition after is also possible)
103
3.30 It is half past three.
3.45 It is a quarter to four. (In AE before is also possible)
15.00 It is three o’clock p.m.
23.15 It is a quarter past eleven at night./p.m.
Expressing Age
A person’s age can be expressed in several ways:
a) by means of the verb to be:
e.g. Laura is ten (years old).
b) with noun + the preposition of + a number:
e.g. She is a girl of ten.
But: a ten-year-old girl
c) with the word aged:
e.g. She has a daughter aged ten.
Other means of expressing age in an approximate way:

a) in + a possessive adjective + a plural noun such as teens, twenties, thirties etc.
e.g. When she was in her teens, she used to swim every Sunday.
The man I met was in his early thirties.(between 30 and 35)
in his mid-thirties (around 35)
in his late thirties (between 35 and 40)
b) I think Tom is over fifty = above the age of fifty.
His wife is under forty = below the age of forty.
Measurements
a) Ounce, pound (=16 ounces = 0.454 kilogram), ton (=20 hundredweight)can take –s in the
plural when they are used as nouns, stone and hundredweight (=8 stone) do not take –s:
e.g. ten pound/ pounds of sugar
five hundredweight of coal
But: a ten-ton lorry
b)Either foot or feet can be used when referring to height:
e.g. six foot/ feet tall
Note: Some measurement nouns can be followed by prepositional phrases beginning with in:
in area, in depth, in distance, in height, in length, in size, in thickness, in volume, in weight, in
width.
e.g. The boy was six feet tall/ six feet in height.
The street was ten meters wide/ ten meters in width.
II The Ordinal Numbers

1) when ordinal numbers are expressed in figures, the last two letters of the written word must
be added (except in dates):
first = 1st
second = 2nd
third = 3rd
fourth = 4th
twenty-first = 21st
twenty-second = 22nd
forty-third = 43rd
eightieth = 80th
2) Dates may be written in the following ways:
May 8, 1975
104
May 8th, 1975
8 May 1975
8th May 1975
8th of May 1975
May the 8th 1975
But: When reading or speaking, the ordinal numbers must be used in all cases.
When reading or speaking years, the word thousand is not used.
e.g. 1975 nineteen hundred and seventy-five or
nineteen seventy-five
1620 sixteen twenty
2016 twenty sixteen
But: 2000 two thousand
2005 two thousand and five
1500 (AD) fifteen hundred (Anno Domini)
1500 BC fifteen hundred before Christ
3) Special uses:
e.g. the Second World War (World War Two)
the Second part (but: Part Two)
the Tenth Lesson (but: Lesson Ten)
the Fourth Chapter (but: Chapter Four)
the Fifth Act (but: Act Five)
the sixth paragraph (but: paragraph six)
the third item (but: item three)
Pope Paul II –when writing Pope Paul the Second – when reading
Queen Elisabeth I Queen Elisabeth the First
Henry VIII Henry the Eighth
III The Fractional Numeral

For decimal fractions, see the cardinal numeral, note 3.
As for common fractions, they are read using a combination of cardinal and ordinal numbers.
e.g. 1/3 a/ one third
2/3 two thirds
3/5 three fifths
and: ½ one half; ¼ one quarter
½ hour = half an hour
½ second = half a second
But: a quarter of a second
1 ¾ miles = one mile and three quarters
one and three quarter miles
IV The Collective Numeral

The collective numerals are: couple, pair, team, dozen, score, yoke, gross, etc. used as nouns.
e.g. a couple of seconds
a pair of shoes
two pair(s) of horses
two team of cattle
four yoke of oxen
two dozen of eggs
ten gross of candles
But: The pupils entered the classroom in couples.
105
V The Multiplicative Adverbial Numeral
This numeral shows the proportion in which a quantity is increased:
Colloquial English once
Twice
Three times (thrice is the old form)
Four times
Five times
Literary/ technical/ official style twofold/ double
Threefold
Fourfold
Fivefold
e.g. The Pope wears a triple crown.
Double the amount
The rate of industrial development has risen three times.
VI The Distributive Adverbial Numeral

It shows the distribution or grouping of objects:
e.g. one by one
two by two/ by twos/ in twos (in pairs)/ two at a time/ two and two
ten by ten/ by tens/ in tens etc.
VII The Adverbial Numeral

a) once, twice, three times (thrice); ten times; a hundred times; bis; once more; once again;
twice as fast etc.
e.g. I told you a hundred times not to lie to me.
b) first(ly), secondly, thirdly, fifthly, eighthly, in the first/ second place etc.
e.g. I asked him a few questions: first who he was, secondly what he wanted.
Concluzii:
The main distinction at the EU law level is between ‘primary’ and ‘secondary’ legislation.
The treaties (primary legislation) are the basis or ground rules for all EU action.
Secondary legislation comprises unilateral acts and agreements.
There is a third source of EU law, called supplementary law: the case law of the Court of
Justice, international law and the general principles of law.
1. Which is the main distinction in terms of legislation at EU level? - 2 puncte
2. Which is the primary legislation? - 2 puncte
3. What does secondary legislation comprise? - 2 puncte
4. What do agreements group together? - 2 puncte
5. Which is the third source of EU law? - 2 puncte
Traduceri: 1. Am citit sute de pagini în ultimele săptămâni.

1. 1 Decembrie este sărbătoarea naţională a României.
2. El locuieşte pe Calea Bucureşti nr. 13.
3. Cred că acum maşina are aproape 100 km/ h.
4. Îmi trebuie trei duzini de cutii de chibrituri.
106
5. Citatul era din “Tom Sawyer” de Mark Twain, capitolul I, pagina 20.
6. El are aproape 40 de ani, iar ea are puţin peste 30.
7. Am format 334567 şi apoi am aşteptat.
8. Urmează să plece cu avionul de 10.30.
9. Intraţi doi câte doi.
10. Ne ducem la teatru din două în două săptămâni.
11. Radical din optzeci şi unu este nouă.
12. După strângerea recoltei, anul acesta, ţăranii speră să obţină un câştig întreit.
13. Regele Richard III a fost unul din cei mai sângeroşi regi din istoria angliei.
14. Pe 4 martie 1977 a avut loc un cutremur foarte puternic care a făcut mii de victime.
Răspuns: 1. I have read hundreds of pages over the last weeks.
2. Article 17 (Title III, TEU)

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that
end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to
them. It shall oversee the application of Union law under the control of the Court of Justice of the European
Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and
management functions, as laid down in the Treaties. With the exception of the common foreign and security
policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It
shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional
agreements.
2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the
Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the
Treaties so provide.
3. The Commission’s term of office shall be five years.
The members of the Commission shall be chosen on the ground of their general competence and European
commitment from persons whose independence is beyond doubt.
In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to
Article 18(2), the members of the Commission shall neither seek nor take instructions from any Government
or other institution, body, office or entity. They shall refrain from any action incompatible with their duties
or the performance of their tasks.
4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October
2014, shall consist of one national of each Member State, including its President and the High
Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-
Presidents.
5. As from 1 November 2014, the Commission shall consist of a number of members, including its President
and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two
thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter
this number.
The members of the Commission shall be chosen from among the nationals of the Member States on the
basis of a system of strictly equal rotation between the Member States, reflecting the demographic and
geographical range of all the Member States. This system shall be established unanimously by the European
Council in accordance with Article 244 of the Treaty on the Functioning of the European Union.
Article 19
1. The Court of Justice of the European Union shall include the Court of Justice, the General Court and
specialised courts. It shall ensure that in the interpretation and application of the Treaties the law is observed.
Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by
Union law.
2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by Advocates-
General.
The General Court shall include at least one judge per Member State.
The Judges and the Advocates-General of the Court of Justice and the Judges of the General Court shall be
chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles
107
253 and 254 of the Treaty on the Functioning of the European Union. They shall be appointed by common
accord of the governments of the Member States for six years. Retiring Judges and Advocates-General may
be reappointed.
3. The Court of Justice of the European Union shall, in accordance with the Treaties:
(a) rule on actions brought by a Member State, an institution or a natural or legal person;
(b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation
of Union law or the validity of acts adopted by the institutions;
(c) rule in other cases provided for in the Treaties.
Grile:
1. The main distinction at the EU law level is between:
a. ‘primary’ and ‘secondary’ legislation
b. treaties and agreements
c. unilateral acts and agreements
2. The treaties are also referred to as:

a. primary legislation
b. secondary legisaltion
c. supplementary law
3. Secondary legislation comprises:

a. unilateral acts
b. unilateral acts and agreements
c. regulations and directives
4. Unilateral acts include:

a. regulations, directives, decisions and recommendations
b. regulations, directives, decisions, opinions
c. regulations, directives, decisions, opinions and recommendations
5. Supplementary law refers to:

a. the case law of the Court of Justice
b. international law and the general principles of law
c. the case law of the Court of Justice, international law and the general principles of
law
108
Modulul XI.
THE EUROPEAN UNION: THE INSTITUTIONS
1. The European Union: the Institutions
Timp alocat: 1h
Bibliografie:
Craiova, 2016, p. 106-110.
vă familiarizaţi cu termenii esenţiali din dreptul UE (Instituţiile)
The Institutions
According to art. 13 under Title III (TEU),

1. The Union shall have an institutional framework which shall aim to promote its values, advance
its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the
consistency, effectiveness and continuity of its policies and actions.
The Union’s institutions shall be:
• the European Parliament,
• the European Council,
• the Council,
• the European Commission (hereinafter referred to as ‘the Commission’),
• the Court of Justice of the European Union,
• the European Central Bank,
• the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in
conformity with the procedures, conditions and objectives set out in them. The institutions shall
practice mutual sincere cooperation (…).
109
We will only deal with: the Commission, the Council, the European Parliament and the
Court of Justice.
1. The European Commission is one of the main institutions of the European Union. It
represents and upholds the interests of the EU as a whole. It drafts proposals for new European
laws. It manages the day-to-day business of implementing EU policies and spending EU funds.
Based in Brussels and Luxembourg, it has offices (representations) in every EU country and
delegations in capital cities around the world.
It consists of 28 Commissioners, corresponding to each EU country. Each Commissioner is
assigned responsibility for specific policy areas by the President.
The day-to-day running of the Commission is taken care of by the Commission’s staff –
administrators, lawyers, economists, translators, interpreters, secretarial staff, etc. organised in
departments known as Directorates-General (DGs).
Purpose
The Commission represents and upholds the interests of the EU. It thus oversees and
implements EU policies by:
• proposing new laws to Parliament and the Council
• managing the EU’s budget and allocating funding
• enforcing EU law (together with the Court of Justice)
• representing the EU internationally, for example, by negotiating agreements between the EU
and other countries.
Proposing new laws
The Commission has the ‘right of initiative’ – it can propose new laws to protect the
interests of the EU and its citizens. It does this only on issues that cannot be dealt with effectively at
national, regional or local level (subsidiarity principle).
When the Commission proposes a law, it tries to satisfy the widest possible range of
interests. This stage is preceded by a consultation stage.
The Commission’s departments produce a draft of the proposed new law. If at least 14 of
the 28 Commissioners agree with it, the draft is then sent to the Council and Parliament. After
debating and amending the draft, they decide whether to adopt it as a law.
Managing the EU’s budget and allocating funding
With the Council and Parliament, the Commission sets broad long-term spending priorities
for the EU in the EU ‘financial framework’. It also draws up an annual budget for approval by
Parliament and the Council, and supervises how EU funds are spent. The Commission’s
management of the budget is scrutinised by the Court of Auditors.
The Commission manages funding for EU policies (e.g. agriculture and rural development)
and programmes such as ‘Erasmus’ (student exchanges).
Enforcing European law
As ‘guardian of the Treaties’, the Commission checks that each member country is applying
EU law properly.
If a national government seems to fail to apply EU law, the Commission first sends an
official letter asking it to correct the problem. As a last resort, the Commission refers the issue to
the Court of Justice. The Court can impose penalties, and its decisions are binding on EU countries
and institutions.
Representing the EU internationally
The Commission is the representative of all EU countries in international bodies like the
World Trade Organisation. It also negotiates international agreements for the EU.
2. The Council is responsible for decision-making and co-ordination

The Council consists of a representative of each Member State at ministerial level, who may
commit the government of the Member State in question and cast its vote.
110
• The Council of the European Union passes laws, usually legislating jointly with the
European Parliament.
• The Council co-ordinates the broad economic policies of the member states.
• The Council defines and implements the EU’s common foreign and security policy, based
on guidelines set by the European Council.
• The Council concludes, on behalf of the Community and the Union, international
agreements between the EU and one or more states or international organisations.
• The Council co-ordinates the actions of Member States and adopts measures in the area of
police and judicial co-operation in criminal matters.
• The Council and the European Parliament constitute the budgetary authority that adopts the
Community’s budget.
The Council of the European Union vs. The European Council
The European Council
• Its role is to set the EU’s general political direction and priorities, and deal with complex
or specific issues that cannot be resolved at a lower level of intergovernmental cooperation.
• Despite its influence in setting the EU political agenda, it has no powers to pass laws.
• The European Council brings together the heads of state or government of every EU
country, the Commission President and the European Council President, who chairs the
meetings. The EU’s High Representative for Foreign Affairs and Security Policy also takes
part.
3. The European Parliament
Fill in the blank spaces with the given words in order to find out the basic information about the
European Parliament:
co-legislator, joint, directly-elected, Charter, budget, voters, human rights
The European Parliament is the only … EU body and one of the largest democratic assemblies in
the world. Its 754 Members are there to represent the EU’s 500 million citizens. They are elected
once every five years by … from across the 28 Member States.
The European Parliament has been steadily gaining power over recent decades and now acts as a …
for nearly all EU law. Together with the Council, the Parliament adopts or amends proposals from
the Commission. Parliament also supervises the work of the Commission and adopts the European
Union's...
Parliament also works closely with national parliaments of EU countries. Regular … parliamentary
assemblies allow for a better inclusion of national perspectives into the Parliament's deliberations.
The European Parliament is a defender of … and democracy in Europe and abroad. The …. of
Fundamental Rights in the European Union sets out the civil, political, economic and social rights
of all individuals living on EU territory.
Concluzii:
According to art. 13 under Title III (TEU),
1. The Union shall have an institutional framework which shall aim to promote its values, advance
its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the
consistency, effectiveness and continuity of its policies and actions.
The Union’s institutions shall be:
• the European Parliament,
• the European Council,
• the Council,
• the European Commission (hereinafter referred to as ‘the Commission’),
111
• the Court of Justice of the European Union,
• the European Central Bank,
• the Court of Auditors.
1. Which are the European Union’s institutions? – 2 puncte
2. Which is the role of the European Commission? – 2 puncte
3. Explain the ‘right of initiative’. – 2 puncte
4. The Council of the European Union vs. the European Council. – 2 puncte
5. Which is the role of the European Parliament? – 2 puncte
Traduceri:1. Consiliul European defineşte orientările şi priorităţile politice ale Uniunii. În

cadrul acestuia, se reunesc de cel puţin patru ori pe an conducătorii politici europeni de cel mai înalt
nivel, mai precis şefii de stat sau de guvern ai statelor membre, preşedintele Consiliului European,
precum şi preşedintele Comisiei Europene. Consiliul European identifică subiectele generale pe
care Consiliul, adică reuniunea miniştrilor, le va aborda în cadrul fiecăruia dintre domeniile politice
aflate în responsabilitatea sa. Prin urmare, dezbaterile şi deciziile Consiliului European joacă un rol
esenţial în funcţionarea Uniunii.
Răspuns: The European Council defines the orientation and political priorities of the Union.
2. Consiliul adoptă decizii care au consecinţe directe asupra vieţii cetăţenilor, dar şi un
impact considerabil pe plan internaţional. În cadrul Consiliului se reunesc miniştrii fiecărui stat
membru. Componenţa Consiliului şi frecvenţa sesiunilor acestuia variază în funcţie de subiectele
abordate. Consiliul adoptă acte legislative (regulamente, directive etc.), cel mai adesea împreună cu
Parlamentul European. În majoritatea cazurilor, Consiliul legiferează în temeiul propunerilor care îi
sunt transmise de Comisia Europeană.
Grile:
1. The European Commission:
a. drafts proposals for new European laws
b. passes laws
c. is not involved in drawing up an annual budget and supervising the spending of
funds
2. The Council of the European Union:

a. does not pass laws
b. usually legislates jointly with the European Parliament
c. is not a budgetary authority
3. The Council, ..., constitute the budgetary authority that adopts the Community’s
budget.
a. together with the European Parliament
b. together with the European Council
c. together with the European Commission
4. The European Council:
112
a. has powers to pass laws
b. sets the EU’s general political direction and priorities
c. consists of 28 Commissioners
5. The European Parliament is the only … EU body.

a. indirectly-elected
b. legislative authority
c. directly-elected
113
Modulul XII.
THE COURT OF JUSTICE OF THE EUROPEAN UNION
1. The Court of Justice of the European Union
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 110-119.
vă familiarizaţi cu termenii esenţiali din dreptul UE (Curtea de Justiţie a UE)
Court of Justice of the European Union
The Court of Justice of the European Union includes the Court of Justice, the General Court
and specialised courts.
The role of the Court of Justice is to interpret EU law and to make sure it is applied in the
same way in all EU countries. It also settles legal disputes between EU governments and EU
institutions. Individuals, companies or organisations can also bring cases before the Court if they
feel their rights have been infringed by an EU institution.
Composition
The Court of Justice has one judge per EU country.
The Court is helped by eight ‘advocates-general’ whose job is to present opinions on the
cases brought before the Court. They must do so publicly and impartially.
Each judge and advocate-general is appointed for a term of six years, which can be renewed.
A ‘General Court’ deals with cases brought forward by private individuals, companies and
some organisations, and cases relating to competition law.
The ‘EU Civil Service Tribunal’ rules on disputes between the European Union and its staff.
Types of cases
114
The Court gives rulings on the cases brought before it. The five most common types of
cases are:
1. requests for a preliminary ruling– when national courts ask the Court of Justice to interpret a
point of EU law
2. actions for failure to fulfil an obligation – brought against EU governments for not applying
EU law
3. actions for annulment – against EU laws thought to violate the EU treaties or fundamental
rights
4. actions for failure to act – against EU institutions for failing to make decisions required of
them
5. direct actions – brought by individuals, companies or organisations against EU decisions or
actions
A judge and an advocate general are assigned to each case that comes before the Court.
Cases submitted to the court are processed in two stages: a written stage and an oral stage.
The written stage means that all the parties involved hand in a written statement to the judge
responsible for the case. The judge then writes a summary of these statements and the case’s legal
background.
The second stage is the public hearing. Depending on the complexity of the case is, this can
take place before a panel of 3, 5 or 13 judges or in front of the whole Court. At the hearing, lawyers
from both sides put their case to the judges and the advocate-general, who can question them.
After the advocate-general gives his or her opinion, the judges discuss the case together and
give their judgement.
Advocates-general are only required to give their opinion on the case if the Court believes
that the particular case raises a new point of law, but their opinion is not necessarily followed by
the Court.
The Court’s judgements are majority decisions, read out at public hearings.
Concluzii:
The Court of Justice of the European Union includes the Court of Justice, the General Court
and specialised courts.
The role of the Court of Justice is to interpret EU law and to make sure it is applied in the
same way in all EU countries. It also settles legal disputes between EU governments and EU
institutions.
The Court gives rulings on the cases brought before it. The five most common types of
cases are: requests for a preliminary ruling, actions for failure to fulfil an obligation, actions for
annulment, actions for failure to act and direct actions.
1. What does the Court of Justice of the European Union include? – 2 puncte
2. Role of the House of Commons. – 2 puncte
3. What does a ‘General Court’ deal with? – 2 puncte
4. What does the ‘EU Civil Service Tribunal’ rule on? – 2 puncte
5. The Court of Justice – types of cases. – 2 puncte
Traduceri:1. Curtea de Justiţie a Uniunii Europene este compusă din trei instanţe: Curtea de
Justiţie, Tribunalul şi Tribunalul Funcţiei Publice.
Răspuns: The Court of Justice of the European Union consists of three courts: the Court of
Justice, the General Court and the Civil Service Tribunal.
115
2. Curtea de Justiţie colaborează cu instanţele judecătoreşti din statele membre, care sunt instanţele
de drept comun în materia dreptului Uniunii. Pentru a asigura o aplicare efectivă şi omogenă a
legislaţiei Uniunii şi pentru a evita orice interpretare divergentă, instanţele naţionale pot şi uneori
trebuie să se adreseze Curţii de Justiţie solicitându-i să clarifice un aspect privind interpretarea
dreptului Uniunii, în scopul de a le permite, de exemplu, să verifice conformitatea legislaţiei
naţionale cu dreptul Uniunii.
Răspunsul Curţii de Justiţie nu ia forma unui simplu aviz, ci a unei hotărâri sau a unei
ordonanţe motivate. Instanţa naţională destinatară este ţinută de interpretarea dată atunci când
soluţionează litigiul aflat pe rolul său.
Indiferent de natura cauzei, procedura include o fază scrisă şi, dacă este cazul, o fază orală,
publică. Trebuie să se facă distincţia între procedura trimiterii preliminare şi celelalte acţiuni,
denumite acţiuni directe.
În trimiterile preliminare, instanţa naţională adresează Curţii de Justiţie întrebări privind
interpretarea sau validitatea unei dispoziţii de dreptul Uniunii, în general sub forma unei decizii
jurisdicţionale, în conformitate cu normele naţionale de procedură. După traducerea cererii în toate
limbile Uniunii de Serviciul de traduceri al Curţii, grefa o comunică părţilor din acţiunea principală,
precum şi tuturor statelor membre şi instituţiilor Uniunii.
În acțiunile directe, curtea trebuie sesizată printr-o cerere introductivă adresată grefei.
Grefierul asigură publicarea în Jurnalul Oficial al Uniunii Europene a unei comunicări privind
acţiunea, care indică motivele și concluziile reclamantului. Cererea introductivă este comunicată
părţii adverse, care are la dispoziţie o lună pentru a depune un memoriu în apărare. Reclamantul
poate depune o replică, pârâtul o duplică, termenul fiind, de fiecare dată, de o lună. Termenele de
prezentare a acestor documente trebuie respectate, cu excepţia situaţiei în care preşedintele acordă o
prelungire a acestora.
În ambele tipuri de acţiuni, preşedintele şi primul avocat general desemnează un judecător
raportor şi, respectiv, un avocat general, însărcinaţi să urmărească desfăşurarea cauzei.
Grile:
1. The Court of Justice of the European Union includes:
a. the Court of Justice
b. the General Court and specialised courts
c. the Court of Justice, the General Court and specialised courts
2. The role of the Court of Justice is:
a. to deal with cases initiated by private individuals, companies and organisations
b. to interpret EU law and to make sure it is applied in the same way in all EU
countries
c. to decide on disputes between the European Union and its staff
3. Each judge and advocate-general is appointed for a term of ..., which can be
renewed.
a. four years
b. five years
c. six years
4. A request for a preliminary ruling is brought before the court:
a. against EU governments for not applying EU law
b. against EU laws thought to violate the EU treaties or fundamental rights
c. when national courts ask the Court of Justice to interpret a point of EU law
5. In cases submitted to the court, the public hearing is:
a. the first stage
116
b. the second stage
c. the third stage
Modulul XIII.
EU TREATIES
1. EU treaties
Timp alocat: 1h
Bibliografie:
Craiova, 2016.
3. Badea, Simina, English for Public Administration, Ed. Universul Juridic, Bucureşti, 2012.
vă familiarizaţi cu termenii esenţiali din dreptul UE (tratatele)
EU Treaties
A treaty is a binding agreement between EU member countries. It sets out EU objectives, rules for
EU institutions, how decisions are made and the relationship between the EU and its member
countries.
Treaties are amended to make the EU more efficient and transparent, to prepare for new member
countries and to introduce new areas of cooperation – such as the single currency.
Under the treaties, EU institutions can adopt legislation, which the member countries then
implement.
The main treaties are:
Treaty of Lisbon (2009)
117
The Treaty of Lisbon increased the number of policy areas where 'Ordinary Legislative Procedure'
is used.
Purpose: to make the EU more democratic, more efficient and better able to address global
problems, such as climate change, with one voice.
Main changes: more power for the European Parliament, change of voting procedures in the
Council, citizens' initiative, a permanent president of the European Council, a new High
Representative for Foreign Affairs, a new EU diplomatic service.
The Lisbon treaty clarifies which powers:
• belong to the EU
• belong to EU member countries
• are shared.
Treaty of Nice (2003)

Purpose: to reform the institutions so that the EU could function efficiently after reaching 25
member countries.
Main changes: methods for changing the composition of the Commission and redefining the voting
system in the Council.
Treaty of Amsterdam (1999)

Purpose: To reform the EU institutions in preparation for the arrival of future member countries.
Main changes: amendment, renumbering and consolidation of EU and EEC treaties. More
transparent decision-making (increased use of the co-decision voting procedure).
Treaty on European Union - Maastricht Treaty (1993)

Purpose: to prepare for European Monetary Union and introduce elements of a political union
(citizenship, common foreign and internal affairs policy).
Main changes: establishment of the European Union and introduction of the co-decision
procedure, giving Parliament more say in decision-making. New forms of cooperation between EU
governments – for example on defence and justice and home affairs.
Single European Act (1986)

Purpose: to reform the institutions in preparation for Portugal and Spain's membership and speed
up decision-making in preparation for the single market.
Main changes: extension of qualified majority voting in the Council (making it harder for a single
country to veto proposed legislation), creation of the cooperation and assent procedures, giving
Parliament more influence.
Treaties of Rome - EEC and EURATOM treaties (1958)

Purpose: to set up the European Economic Community (EEC) and the European Atomic Energy
Community (Euratom).
Main changes: extension of European integration to include general economic cooperation.
Treaty establishing the European Coal and Steel Community (1952)

Purpose: to create interdependence in coal and steel so that one country could no longer mobilise
its armed forces without others knowing. This eased distrust and tensions after WWII. The ECSC
treaty expired in 2002.
Concluzii:
118
A treaty is a binding agreement between EU member countries, setting out EU objectives,
rules for EU institutions, how decisions are made and the relationship between the EU and its
member countries.
1. What is a treaty? – 2 puncte
2. What does the Lisbon treaty clarify with regard to powers? – 2 puncte
3. Which was the main purpose of the Treaty of Amsterdam? – 2 puncte
4. Why were the treaties of Rome - EEC and EURATOM treaties – important? – 2 puncte
5. When did the Treaty establishing the European Coal and Steel Community expire? – 2
puncte
Grile:
1. A ... is a binding agreement between EU member countries.
a. treaty
b. treatise
c. covenant
2. Treaties are ... to make the EU more efficient and transparent, to prepare for new
member countries and to introduce new areas of cooperation.
a. established
b. segt out
c. amended
3. The Treaty of Lisbon:

a. decreased the number of policy areas where 'Ordinary Legislative Procedure' is
used
b. limited the number of policy areas where 'Ordinary Legislative Procedure' is used
c. increased the number of policy areas where 'Ordinary Legislative Procedure' is
used
4. The Single European Act was intended:

a. to reform the institutions in preparation for Portugal and Spain’s membership
b. to reform the institutions in preparation for Spain’s membership
c. to reform the institutions in preparation for Portugal’s membership
5. The Treaty of Amsterdam entered into force in:

a. 1999
b. 2003
c. 2009
119
120
Modulul XIV.
REVISION
1. Recapitularea cunoştinţelor dobândite pe parcursul semestrului al II-lea şi pregătirea
examenului.
Timp alocat: 1 h
Bibliografie:
Craiova, 2016, p. 1-59.
recapitulaţi cunoştinţele terminologice dobândite pe parcursul semestrului al II-lea
recapitulaţi cunoştinţele gramaticale dobândite pe parcursul semestrului al II-lea
1. What are general elections?
2. When is a general election held?
3. Where and how can voting take place?
4. What do by-elections refer to?
5. What is a constituency?
6. What are voting systems?
7. What is first-past-the-post used for?
8. Describe the first-past-the-post system.
9. What does AV stand for?
10. Form adjectives from the following nouns:
11. What is a solicitor?
12. What activities does the work of a solicitor cover?
13. Which are the stages of training for solicitors?
14. What is the role of the Institute of Legal Executives?
15. What does ‘to be admitted to the roll’ mean?
16. What is a counsel?
121
17. What particular activities does the work of a barrister cover?
18. Which are the training stages for a barrister?
19. What is a QC? –
20. What are the Inns of Court?
21. How can courts be classified?
22. Describe the jurisdiction of Magistrates’ Courts.
23. When are cases sent to the Crown Court?
24. Describe the jurisdiction of County Courts.
25. How is the county court referred to?
26. Describe the jurisdiction of the Crown Court.
27. Describe the jurisdiction of the High Court.
28. Describe the jurisdiction of the Court of Appeal.
29. Describe the jurisdiction of the Supreme Court.
30. Give examples of civil courts and criminal courts.
31. Which are the main procedural systems?
32. How would you characterize the system of England?
33. Describe civil proceedings in brief.
34. Which is the role of the claimant? What remedy can he obtain?
35. What is ADR?
36. What does CPS stand for?
37. Who has the burden of proof?
38. What court hears minor offences?
39. Who decides whether the defendant is guilty of the offence or not?
40. Is a unanimous verdict mandatory?
41. How did the European Union start out?
42. Which was the role of the Treaty of Maastricht?
43. Name other EU treaties.
44. Can you state some of the EU objectives?
45. What values does the EU promote?
46. Which are the European Union’s institutions?
47. Which is the role of the European Commission?
48. Explain the ‘right of initiative’.
49. The Council of the European Union vs. the European Council.
50. Which is the role of the European Parliament?
51. What does the Court of Justice of the European Union include?
52. Role of the House of Commons.
53. What does a ‘General Court’ deal with?
54. What does the ‘EU Civil Service Tribunal’ rule on?
55. The Court of Justice – types of cases.
56. What is a treaty?
57. What does the Lisbon treaty clarify with regard to powers?
58. Which was the main purpose of the Treaty of Amsterdam?
59. Why were the treaties of Rome - EEC and EURATOM treaties – important?
60. When did the Treaty establishing the European Coal and Steel Community expire?
122
Răspunsurile la grile
NR. 1 2 3 4 5
GRILĂ
MODUL
I c b a a b
II a b a b c
III b c a b a
IV a a c b a
V b b c a b
VI a c b a a
VII b a b c c
VIII a b b c a
IX b a c a a
X a a b c c
XI a b a b c
XII c b c c b
XIII a c c a a
XIV
123

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UNIVERSITATEA DIN CRAIOVA

LECT. UNIV. DR. SIMINA BADEA

Editura Universitaria Craiova

Descrierea CIP a Bibliotecii Naţionale a României

Lect. univ. dr. Simina BADEA

Limba engleză I ……………………………………………………………………….. 4

Limba engleză II ……………………………………………………………………….. 59

Instrucţiuni privind parcurgerea resursei de învăţământ

Law and right

Other means of social control

Traduceri: 1. Dreptul reprezintă totalitatea regulilor, normelor de conduită stabilite sau

3. The term jurisprudence:

4. It is not a function of law:

5. The following is/are not other means of social control:

Law and morality

The case of the shipwrecked sailors

2. The word vengeance means:

3. “Blood feud” refers to:

4. Encroachment has the meaning:

5. Mayhem has as a synonym:

Types of law: civil law and criminal law

2. Criminal law does not:

3. Criminal law includes:

4. A lawsuit can be brought:

5. Civil law rules:

Dupǎ studiul acestei unitǎţi de învǎţare veţi reuşi sǎ:

2. Crimes are ... which the state has to prevent.

Dupǎ studiul acestei unitǎţi de învǎţare veţi reuşi sǎ:

The Common Law

Modern use of the term ‘common law’

Statute/ statutory law

Equity refers to:

3. The Court of the Exchequer.

5. Statute law refers to:

SOURCES OF ENGLISH LAW (I)

Dupǎ studiul acestei unitǎţi de învǎţare veţi reuşi sǎ:

The main sources of UK law are:

Among Edward’s statutes, we should mention:

1. The principal legislature is the UK Parliament, which is ... in London.

3. Case law involves the creation of law in the course of ...

5. ... has been called the English Justinian.

1) adding –s to the singular:

1 referendum referendums referenda

4. Choose the right form of the verb: – 2 puncte

Traduceri: 1. 1.Statele membre ar trebui să remedieze dezechilibrele din economiile

2. În ultimii ani, în dreptul mediului s-a promovat o politică de dezvoltare durabilă.

2. ... replaced the 14th century custom:

3. Customs may be:

5. From ‘time immemorial’ means:

CONSTITUTIONAL LAW: BRITISH CONSTITUTION AND GOVERNMENT

Traduceri:1. Dreptul constituţional se referă la normele juridice care reglementează relaţiile

4. The British constitution is considered:

The US Constitution and Government

Section 2. The House of Representatives shall be composed of Members chosen every

2. The Bill of Rights:

3. No person shall be elected to the office of President more than:

4. Congress consists of:

5. Federal judges are:

Title VII Revision of the Constitution

Grammar: Gender of Nouns

There are four categories of gender in English:

Gender contrasts are expressed by means of:

policeman hero lad author

Traduceri: 1. Art. 1: Statul român