Documente Academic
Documente Profesional
Documente Cultură
There are two main kinds of law: CRIMINAL LAW and CIVIL LAW.
Constitutional law affects both of them.
Criminal law
In a criminal case the state prosecutes the accused person for
committing a crime or breaking the law. 'Prosecutes' means the state
makes a charge against someone. If the court finds the person guilty, the
person can be sent to prison, or fined, or punished in some other way.
Examples of different crimes and breaking the law are:
rape
public violence
assault
theft
trespass.
Usually the state is not the complainant (the one making a charge).
The state prosecutes, but any person or individual can be the complainant
and lay a charge against another person or against the state.
A criminal case can be brought against anyone who broke the law,
including a person who works for the state, such as a member of the
police or defence force. So if, for example, you are unlawfully assaulted or
shot by a member of the police or defence force you can bring a criminal
case against them.
Civil law
Civil law is the set of rules for your private relationships with other
people. The state does not take sides in a dispute between private people.
Examples of what civil law deals with are:
marriage and divorce
if someone owes you money
rent agreements
evictions
damage to property
injuries to people
disputes over a hire-purchase agreement.
A civil case is usually brought by a person (called the plaintiff) who feels
that he or she was wronged by another person (called the defendant). If the
plaintiff wins the case, the court usually orders the defendant to pay
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compensation (money). Sometimes the court may also order a defendant to do,
or stop doing, something - for example, to stop damaging the plaintiff's property.
The state may be involved in a civil case as a party if it is suing or being
sued for a wrongful act - for example, if government property is damaged or a
government official injures somebody without good reason.
Criminal and civil actions
Sometimes a person's act may lead to both criminal and civil actions.
For example, Piet Fick hits one of the workers in his factory. This is a crime of
assault. The state will prosecute him in the criminal court if the worker lays a
charge against him. If there is enough proof to show that he is guilty, he may
be punished by the state.
But Piet Fick ALSO causes pain to the worker. This is a damage that one
person does to another person. The injured worker could sue Mr Fick for
damages and make him pay compensation for medical expenses, lost wages
and pain and suffering. This will be a civil claim for damages through the civil
court.
BASIC VOCABULARY
Criminal law the law that deals with the constitution of offences and
the punishment of offenders infractori
Charge a formal accusation brought against a person stating
Acuzație.plângere the crime that he is alleged to have committed
Fine (noun) a certain amount of money exacted as a
amenda penalty;
(verb) to impose to pay a certain amount of money
exacted as a penalty
Trespass the intentional and wrongful invasion of another's
real property
Complainant a person who makes a formal charge in the court of
reclamant law
Plaintiff a person who brings a civil action in a court of law
reclamant (also known as claimant)
Civil law the law of a state relating to private and civilian affairs
To owe to be under an obligation to pay (someone) to the
A datora amount of; to be in debt
Agreement a properly executed and legally binding accord or
contract
Eviction (in civil law) deprivation of buyer’s property
according to the court decision
Defendant a person against whom an action or claim is brought
pârât in a court of law
To sue to institute legal proceedings (against)
Assault a violent attack, either physical or verbal
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Proof - any evidence that establishes or helps to
dovadă establish the truth, validity, quality, etc., of
something;
- the whole body of evidence upon which
the verdict of a court is based
a. marriage
b. to win a case
c. individual
d. plaintiff
e. to break the law
f. to be sent to prison
g. to purchase
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3. Find synonyms for the following words:
1. wages -
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2. prison -
3. to rent -
4. to break the law -
5. individual -
6. case -
7. defence -
4. Find in the text the English equivalents for the words below:
plângere иск
a comite o crimă cовершить
преступление
a încălca legea нарушать закон
a plăti выплачивать
despăgubiri/recompensa компенсацию
(pentru)
a amenda налагать штраф fine
a trimite pe cineva la сесть в тюрьму/быть
închisoare приговорённым к
тюремному заключению
a aduce cuiva o acuzaţie предъявлять обвинение 1
против кого-либо 2
3
cheltuieli medicale расходы на
медицинское
обслуживание
răpire изнасилование
furt кража
5. LAW BREAKERS.
a) Match the definitions on the left with the words on the right.
Law Breaker Definition Translation
1. an arsonist b b. sets fire to property illegally 1.incendiator
2. a shop-lifter e e. steals from shops while acting as an 2.hoț de magaz
3.hoț care fura
ordinary customer
public
3. a mugger a a. attacks and robs people, often in the street 4.infractor
4. an offender c c. is anyone who breaks the law 5. vandalizator
5. a vandal g g. deliberately causes damage to property proprietatea pu
6. a burglar d d. breaks into houses or other buildings to steal 6.hoț in case/ c
7. a murderer f f. kills someone 7. criminal-care
8. rapitor de oa
8. a kidnapper k k. takes away people by force and demands
pentru recomp
money for their return 9. hoț de buzun
9. a pickpocket h h. steals things from people’s pockets in 10.complice
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crowded places 11.traficant de
10. an accomplice l l. helps a criminal in a criminal act 12. spion
13. terrorist car
11. a drug dealer j j. buys and sells drugs illegally
violenta pentru
12. a spy i i. gets secret information from another country politic
13. a terrorist m m. uses violence for political reasons 14.omoara oam
14. an assassin q q. murders for political reasons or a reward scop politic/rec
15. a hooligan n n. causes damage or disturbance in public 15.vandalizeaz
places publice
16. se ascunde
16. a stowaway o o. hides on a ship or plane to get a free journey
barca sau avio
17. a thief r r. is someone who steals aiba calatorie g
18. a hijacker p p. takes control of a plane by force and makes 17. fura fara vio
the pilot change course 18.preia cu fort
19. a forger s s. makes counterfeit (false) money or asupra unui ve
signatures 19. falsificator
bani/document
20. a robber u u. steals money, etc. by force from people or
20. fura bani cu
places forta/amenințăr
21. a smuggler x x. brings goods into a country illegally without 21.contrabandi
paying tax marfurile in alta
22. a traitor y y. betrays his or her country to another state sa platesti taxe
23. a gangster t t. is a member of a criminal group 22. isi tradeaza
23.membru un
24. a deserter w w. is a soldier who runs away from the army
criminal
25. a bigamist v v. marries illegally, being married already 24.dezertor sol
fuge din armată
25. bigamist se
casatoreste ille
deja casatorit
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A hooligan A bigamist
A deserter
9. FAMILY LAW
The family is one of nature's masterpieces.
~ George Santayana
Family law is a branch or specialty of law, also known as ‘domestic
relations’ law that deals with family relations. It concerns with such subjects as
adoption, marriage, divorce, separation, paternity, child custody and
visitation, separation agreement, estate planning, support and child care.
In the past, family law has been closely connected with the law of property.
It has origins in the economic law. In old legal systems, marriage was
regarded as the transfer of a woman from the power of her family to that of her
husband under terms specified in the marriage contract. And the standard
method of dissolving a marriage usually resulted in the return of the woman to
the power of her family.
The modern idea of marriage, which is becoming almost universal, is a
voluntary exchange of promises between the man and the woman. Before
getting married couples may be involved in substantial decision to
property, these matters now tend to be automatic (when there is no
marriage contract) or to be formalized separately. The ceremony itself is
normally an exchange of consents accompanied by religious observances
or a civil ceremony (or both). The purpose of the legal formalities is to
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differentiate the relationship from concubinage allowing to legally
recognize custody of children, rights under matrimonial regimes, etc.
In order to satisfy the requirement of a voluntary consent to a
marriage, a party must have reached an age at which he or she is able to
give a meaningful consent. Most modern legal systems provide for a legal
minimum age of marriage from 15 to 20 years. Some systems require
parental consent to marriage when the parties are above the minimum
age.
Other laws forbid marriage between persons having certain ties
-legaturi of relationship, either of blood or of marriage.
A marriage can terminate as a human relationship before it is
dissolved by law. Often the court rulings - as to property and the custody
of children - will merely pur si simplu confirm arrangements that have
already been made by the parties. In the United States and Canada, 80 to
90% of divorce proceedings are undefended.
There are various divorce formulas: divorce for fault, such as
adultery, cruelty cruzime or imprisonment captivitate; divorce for
contract’s frustration, such as incurable mental diseases or
disappearance of the spouse; divorce by mutual agreement; and divorce
on the ground that the marriage has broken down.
A complicating factor in divorce law is the question of giving
recognition to foreign divorces. The divorce laws of countries and states
differ. So a person living a jurisdiction in which divorce is difficult to obtain
may be able to go to another country in which divorce laws are more
liberal.
Family law also shares an interest in some social issues with other
areas of law (e.g., criminal law). One of the issues that has received much
attention is the very difficult problem of violence within the family. This may
take the form of physical violence by one adult member on another (in this
case the woman is almost always the victim), or by an adult on a child.
The problem is one of social importance and some studies indicate that a
high proportion of violent crime originates in family units.
BASIC VOCABULARY
3. In the text, find antonyms for the following words and make
sentences with them:
6. Correct mistakes in the sentences given below. You can find the
right versions in the text.
1. In old legal sistems, mariage was regarded as the transfer of a woman from
the power of her family to that of her husband under term specifyed in the
mariage contract.
2. Before geting maried couples may be involved in substantal decision to
property, thise matters now tends to be automatic (when there is no mariage
contract) or to be formalised separatly.
3. In order to satisfy the requirment of a voluntary consent to a mariage, a party
must have reached an age at which he or she is able to give a meaningfull
consent.
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7. Find in the text the English equivalents for the words below:
8. Fill in the gaps with the appropriate forms from the table:
The marriage law of most Western European nations and of the USA is the
product of Roman Catholic law that .................... (1) by the changed cultural
and social conditions of modern industrialized and urbanized life. Modern
marriage law regards marriage as a civil transaction and allows only
monogamous unions. The age limits for marriage, which formely permitted 12-
year-olds or even younger persons to marry, ..................... (2) upward in most
countries to 15-21 years of age.
Islamic law ..................... (3) the practice of polygamy, but polygany was
decreasing in almost all Muslim countries by the late 20th century. Polygamous
marriages ...................... (4) under customary laws in many African nations, but
there is growing tendency toward monogamy. There is no uniform marriage law
in many developing African countries. The regulation of marital relations is
based ............(5) on religion...............(5) on the customary laws of the territory.
This gives rise to complex problems in the case of tribal, ethnic, or religious
intermarriage.
9. Divorce Case
a) Make as many words as they can using these letters:
PAITNSHEROLI
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b) Look at these expressions about John and Cristina. Which ones indicate that
they are in a happy relationship, and which expressions indicate that they are in
an unhappy relationship? Write H for happy and U for unhappy next to each
sentence.
Their relationship is on the rocks.
They are still in a honeymoon period.
They aren’t getting along very well.
They’re going through a rough patch.
They can’t see enough of each other.
She can’t put up with him any more.
They’re going (their) separate ways.
They stick together through thick and thin.
c) Imagine you are judges. YOU are responsible for divorce cases where the
husband and wife cannot agree. Today you have been presented with another
difficult case: Ford vs. Ford. Read about the case below.
Cristina Ford
Cristina Ford is a forty-year-old advertising executive. She works very long
hours and earns a lot of money. Since their daughter Olivia was born four years
ago, Cristina has worked and supported the family.
John Ford
John Ford is an unemployed forty-two year old man. He worked for many
years in a bookshop. At the moment he is trying to write a novel. He stopped
working when their daughter Olivia was born, and has stayed at home to take
care of her for the past four years.
The Divorce
John and Cristina got married ten years ago. They began to have problems
in their marriage after Olivia was born. They have decided to get divorced, but
are now very angry with one another.
Cristina wants:
· Full custody of Olivia.
· The family house, a three-bedroom house in a nice part of town.
· Charlie, the family dog.
· Cristina wants to sell the summer beach apartment and share the money.
She refuses to give John any money at all. She does not want any money from
John. John can see his daughter every two weeks and have her for the summer
holidays.
John wants:
· Full custody of Olivia.
· Charlie, the family dog.
· The summer beach apartment so he can write there.
· John wants to sell the family house in the city and share the money. He
also wants Cristina to pay $1000 a month for child support. Cristina can see her
daughter every two weeks and have her for the summer holidays. John also
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wants $25 000 compensation because he feels he sacrificed his work to raise
Olivia.
d) Now discuss with the other judges in your group. You must come to a
decision and make some clear recommendations. Write your recommendations.
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1. Popular areas of business law include insurance, wills, estate planning,
consumer and creditor protection.
T/F
2. In ancient times, in order to satisfy their vital needs, people started to sell
their products between themselves.
T/F
3. The Romans were the first who established the rules of traders’ activity.
T/F
4. The city agoranomos could restrict the sellers to volume of sales.
T/F
5. In order to defend their rights, tradesmen began to organize themselves in
corporations which gradually obtained the administrative, juridical and
legislative autonomy. T/F
6. The French Commercial Code was adopted in 1907.
T/F
7. Under the influence of the French Revolution, a big number of countries took
over the French Commercial Code as their own.
T/F
1. My cousin Bob said he was going to get rid of his computer and buy a
new one. I said that I needed a computer and suggested I bought his old
one. Anyway, we agreed on a price, I gave him a £50 deposit, and agreed
to pay the balance in installments over the next three months. I'm going
round to collect the computer this evening.
2. The property is unfurnished, and the rent is £650, which has to be paid
monthly in arrears. Electricity, gas and phone bills are extra. There's a
communal garden and a communal parking area, for which I also have to
pay a nominal maintenance fee. The landlord is responsible for any
repairs to the property. I've signed this agreement for 18 months.
3. We're opening our own branch in the town centre next week. The deal is
simple: we get the right to use the company's name, their trademark, their
trade names and products and wear their uniforms. They also provide our
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staff with all the necessary training, give us managerial assistance and
provide advertising materials. In return, we have to meet specific
requirements, such as quality of service, maintaining good customer
relations, and following the company's standard procedures. Oh, and of
course to buy all the products we sell from them.
4. The total amount you are borrowing from a bank is £9,000 at an APR
(Annual Percentage Rate) of 6.6%. Repaid in monthly over 3 years, this
gives you a monthly repayment figure of £275.46, totalling £9,916.56. If
you wish to make an early payment, the sum will be recalculated
accordingly. As soon as you sign a form, your funds will be released into
your bank account.
5. This appointment is for a period of two years, following a 4-week
probationary period. Your salary package includes an annual gross salary
of £32,000. Your hours of work are 9 to 5 Monday to Friday, although you
may be asked to work overtime during busy periods. The company has its
own medical and pension schemes which you may join.
6. The total cost is £2,870, which is payable in full before the goods can be
delivered. Alternatively, we can arrange credit terms. All goods are
covered by the manufacturer's warranty, which is valid for one year. If you
are not happy with your merchandise, it can be returned for an exchange
or full refund (but please note that this is valid for 28 days only, and we
will need to see your cheque or other proof of purchase).
7. The rent of this car is £58 a day. This price includes unlimited kilometrage
and fully insurance. A
refuelling service charge will be applied if you do not replace the fuel you
have used.
10. Fill in the blanks with the appropriate words from the box:
ELECTRONIC COMMERCE
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Nowadays electronic contracts and electronic signatures are just as legal
as traditional paper contracts ____________ in ink. An electronic contract is an
_______________ created and “signed” in electronic form – in other words, no
paper or other hard copies are used. For example, you write a contract on your
computer and email it to a business partner, and the business partner emails it
__________ with an electronic signature indicating acceptance. An e-contract
can also be in the form of a “Click to Agree” contract, commonly used with
downloaded software.
The most secure method of signing contracts _____________ is the
method known as Public Key Infrastructure (PKI). PKI uses an algorithm to
code and __________ online documents. Only people who know the ‘key’ can
have access to the information.
E-commerce is profitable for companies that conduct business online. This
way they save considerable sums of money. For example, one online company
estimated that eliminating paperwork fees ____________ costs up to $750.
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5. A failure to carry out the terms of an agreement, a contract, etc.
6. One of the main conditions of a contract, where one party agrees to what
is proposed by the other party. Also the act of signing a bill of exchange to
show that you agree to pay for it.
7. The notifiable offence of telling lies when you have made an oath to say
what is true in court.
8. Somebody who has committed a civil wrong to somebody, entitling the
victim to claim damages.
9. A payment made by a person or company to cover the cost of damage or
hardship which he / she /it has caused.
10. An attempt by a third party to make the two sides in an argument
agree.
11. A document in which a company acknowledges it owes a debt and
gives the company's assets as security.
12. The closing of a company and the selling of its assets.
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13. Money claimed by a claimant from a defendant because of harm or
damage done, or money awarded by a court to a claimant as a result of
harm suffered by the claimant (Clue: this word has already appeared
elsewhere in this exercise).
14. The legal responsibility for paying someone for loss or damage
incurred.
15. A failure to give proper care to something, especially a duty or
responsibility, with the result that a person or property is harmed.
16. The good reputation of a business and its contacts with its
customers (for example, the name of the product it sells or its popular
appeal to customers).
17. A court order telling a person or a company to stop doing something,
or telling them not to do it in the first place.
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~ J. William Fulbright
International law can refer to:
public international law;
private international law or conflict of laws;
the law of supranational organizations.
Public international law
Public international law is the totality of standards and principles that
regulates the relations between subjects of international law – states and
intergovernmental organizations. It is developed mainly through multilateral
conventions, though custom can play an important role too.
The fundamental principles of public international law contain general
rules of conduct, whose observance is essential to the development and co-
operation between states, to the maintaining of international peace and security.
Its modern corpus started to be developed in the middle of the 19th
сentury. The two World Wars, the League of Nations and other international
organizations such as the International Labour Organisation all contributed to
accelerate this process and established much of the foundations of modern
public international law. After the failure of the Versailles Treaty and World War
II, the League of Nations was replaced by the United Nations, founded under
the UN Charter.
The basic principles of the Charter of the United Nations, adopted in 1970,
are as follow:
not to resort to force and to threat by force;
the settlement of international conflicts by peaceful means;
not to intervene in internal affairs of one state;
international co-operation;
equality of rights for all the nations and the right of nations to self-
determination;
sovereign equality of states;
the good-faith accomplishment of assumed duties.
Three more principles were added at the Conference for Security and Co-
operation in Europe held at Helsinki in 1975:
the inviolability of frontiers;
the territorial integrity of states;
the observance of human rights and fundamental liberties.
These fundamental principles are the peremptory norms of international
law. The states cannot depart from these principles in their agreements, in their
local or bilateral relations. This proves the importance that all the states confer
to these principles in the settlement of their relations.
There are some standards which aim at rights concerning all the states,
but which are not the object of their sovereignty: the liberty of seas, the
interdiction of piracy. There are also some humanitarian standards, considered
by all states indispensable in order to guarantee the respecting of the
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elementary rights of life and human dignity: the interdiction of slavery, the
rules and manners of the war.
Conflict of laws
Conflict of laws, or "private international law" in civil law jurisdictions,
governs conflicts between private persons, rather than states. The rise of
international corporations increases the number of disputes among a unified
legal framework Increasing numbers of businesses use commercial arbitration
under the New York Convention 1958.
Supranational law
The European Union is the first and only example (so far) of a
supranational legal framework, where sovereign nations have joined their
authority through a system of courts and political institutions. It constitutes a
new legal order in international law for the mutual social and economic
benefit of the member states.
BASIC VOCABULARY
Multilateral of or involving more than two nations or parties
Convention an international agreement second only to a treaty in
formality
Custom a practice which by long-established usage has come
obicei to have the force of law
Charter a formal document from the sovereign or state
incorporating a city, bank, college, etc., and
specifying its purposes and rights
To resort (to) the use of something as a means, help, or recourse
utilizarea a ceva ca
mijloc, ajutor sau
recurs
Settlement - the determination of a dispute, etc., by mutual
Accord official fara agreement without resorting to legal
judecata proceedings;
- an adjustment or agreement reached in matters of
finance, business, etc
To intervene to interpose and become a party to a legal action
between others, esp. in order to protect one's
interests
Self-determination - the power or ability to make a decision for
oneself without influence from outside;
- the right of a nation or people to determine its own
form of government without influence from outside
Duties a task or action that a person is bound to perform for
Atributii moral or legal reasons
Peremptory - admitting of no denial or contradiction;
Negasirea unei precluding debate;
contradictii - obligatory rather than permissive
împiedicarea
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dezbaterii;
Bilateral affecting or undertaken by two parties; mutual
Dignity the state or quality of being worthy of honour
demnitate
Slavery the state or condition of being a slave; a civil
scalvie relationship whereby one person has absolute power over
another and controls his life, liberty, and fortune
1. multilateral a. danger 1
2. fundamental b. to quicken 2
3. conduct c. many- 3 sided
4. essential d. basic, 4 primary
5. security e. method(s) 5
6. to accelerate f. safety 6
7. failure g. 7 indispensable
8. force h. behaviour 8
9. threat i. dispute 9
10. means j. misfortune 10
11. to intervene k. obligation 11
12. frontier l. power 12
13. duty m. to 13 interfere
14. to guarantee n. boundary
14
15. conflict o. to assure
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4. Fill in the blank spaces with the missing words:
In the …………… of the United Nations there are ………. principles:
1. not to resort to ……………. and to threat by ………………..
2. ……………… of rights and the right of nations to ……………….
3. sovereign …………….. of states
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4. the good faith accomplishment of the ……………… duties
5. international ……………….
6. not to ……………. in internal affairs of one state
7. the settlement of international …………….. by peaceful means.
5. Fill in the gaps with the appropriate words from the table:
International law is not new. Nations (1)…….. always ……… political and
economic treaties with each other. In the Medieval Europe, the Canon Law of
the Catholic Church had (2)….. important role. Law Merchant regulated trade
across political frontiers. In the fifteenth century, the Church mediated between
Spain and Portugal by dividing the world (3)…….. their respective areas of
interest. The 1648 Treaty of Westphalia, which called for equal treatment (4)
……………….. of Protestants and Catholics, (5)………… be seen as an early
international human rights law. Nevertheless, most international law has been
created in the twentieth century. The League of Nations was set up after World
War I (6)…………… disputes between nations. But it failed to stop the tension
that led to World War II, partly because some powerful countries did not join
(USA) and others (7)………… when they disagreed with its decisions
(Germany, Japan). But it led to important international legislation like the
Geneva Convention on the treatment of prisoners of war and the 1951
Convention on the Status of Refugees.
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