CURS LIMBA ENGLEZA an II DREPT

SCOPUL CURSULUI: insusirea de vocabular juridic-administrativ, in limba engleza, cu formarea deprinderii de scriere si pronuntare corecta a acestuia; reactivarea cunostintelor anterioare cu referire la temele uzuale prevazute in programa analitica; implicarea studentilor in discutii – dialoguri, dezbateri, argumentari – pe teme de curs practic, exploatand deprinderea de a vorbi corect; furnizarea de materiale autentice de citit care sa dezvolte intelegerea unui text si identificarea unor structuri noi; furnizarea de materiale autentice de ascultat, diferite tipuri de texte si voci – accente, intonatie, mesaje relevante pt. intelegerea unui mesaj transmis oral; formarea deprinderii de a scrie corect – transmiterea de mesaje scrise: scrisori, recomandari, referate, autobiografii, etc.

OBIECTIVE DIDACTICE

1.     Dezvoltarea si perfectionarea deprinderilor de intelegere si reproducere orala si in scris, in limba engleza, a structurilor prevazute in unitatile de studiu.

2.     Extinderea vocabularului prin insusirea termenilor, cuvintelor si expresiilor de specialitate folosite in context juridic-administrativ.

3.     Dezvoltarea deprinderilor de comunicare orala si in scris pe teme juridic-administrative.

4.     Dobandirea competentei de a lectura si traduce texte cu caracter juridic-administrativ.

5.     Formarea si dezvoltarea priceperilor si deprinderilor de folosire a limbii engleze in indeplinirea atributiunilor profesionale.

FORMA DE EVALUARE EXAMEN SCRIS (format electronic)

Evaluarea cunostintelor (reading comprehension - intelegerea textului scris; vocabular juridic si grammar/language focus) consta intr-un test grila, in format electronic, care cuprinde 20 itemi (6 true/false; 10 multiple choice; 4 completion).

Bibliografie obligatorie

Stroescu, Manuela, English for Legal Students, Constanta, Ex Ponto, 2006.

Nadrag, L., Stroescu, M., English for law students Bucuresti, Editura Fundatiei „Romania de Maine”, 2002.

Bibliografie facultativa

ABC’s of How America Chooses a President, 1984, U.S. News and World Report.

American Justice. ABC’s of How It Really Works, 1 Nov.1982, U.S.News and World Report.

Kirn, E., 1989, About the USA, Published by the Materials Branch of the English Language

Programs Division, the United States Information Agency.

Oxford Advanced Learner’s Dictionary. 1995. Oxford University Press.

Paidos, C. 1999. English Grammar. Theory and Practice. Bucuresti, Ed. All.

Tiersky, E., Tiersky, M. 1990. The U.S.A.: Customs and Institutions: a survey of American

culture and traditions. Englewood Cliffs, New Jersey, Prentice Hall Regents. (p. 250-268)

Stevenson, D. K. 1998. American Life and Institutions. Revised Edition. Stuttgart, München,

Düsseldorf, Leipzig, Ernst Klett Verlag.

Stroescu, M., 2002, Mic dictionar englez-roman de termeni juridici, Constanta, Editura Europolis.

TEMATICA

Unit 1.  Law

Unit 2.  Legal Systems of The World

Unit 3. Public Law vs Private Law

Unit 4. Courts

Unit 5. The Law of Evidence

Unit 6. What is The European Union?

Unit 7. The European Union Law

Unit 8. The European Court of Justice

Unit 9. The US Constitution & The Federal Government

Unit 10. The Federal Government

Unit 14. The United Kingdom Government

Unit 15. Legal Career

NOTE DE CURS

LECTIA 1: Unit 1.  Law

Law is the body of official rules and regulations, generally found in constitutions, legislation, and judicial opinions, used to govern a society and to control the behavior of its members. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies.

Law aims to mediate relations between people. It is administered through courts, created by Parliaments and Governments.

The Main Areas of Law. A new law student will first encounter law as divided into different subjects. Laws govern individuals rights and responsibilities against each other, within cooperative organisations and across communities locally or globally.

Every student learns a core set of subjects, for instance, in English Law is Contract, Tort, Property Law Trusts, Criminal Law, Public Law and European Law. Contract is about how you trade property. Property law refers to regulations on the use of land and other valuable things. English speaking legal systems have a special form of property known as a 'trust'. Tort means civil wrongs, when somebody hurts you or your stuff. Criminal law is the mechanism to deprive people of their liberty for malicious conduct. Public law refers to the institutions of the nation state, and in Europe and other continents, as globally, international and supranational law governs people's relations across borders.

JURISPRUDENCE is the theory and philosophy of law. Scholars of jurisprudence (or legal theory, or legal philosophy – the terms are often used synonymously in English) hope to obtain a deeper understanding of the nature of law, of legal reasoning, and of legal institutions. The normative side of jurisprudence is part of moral and political philosophy, and includes questions of whether we should obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation, etc.       

AUTOEVALUARE: Below you see the story of an extraordinary case in British legal history. The affair started in 1949 and was finally closed in 1966. At the moment, there are a number of gaps in the story. Use the words below to complete it.

The story began when a man called Timothy Evans was 1… for the murder of his wife and baby. He was 2… with the double murder, but a short time later one of the charges was 3… and he was 4… for the murder of his daughter only. During the 5…Evans accused the man whose house he had been living in, John Christie, of the crimes, but no attention was paid to him. The 6… found Evans 7… and he was 8… to death. An 9… was turned down and he was 10… in 1950.

Some time later, more women’s bodies were discovered in Christie’s house: two, three, four, five, six. John Christie was the police’s chief 11… and they started a nationwide 12… for him. He was soon 13…. Alleged 14… by Christie while he was in 15… cast doubt on the Evans hanging. When he went to 16… , Christie 17 … that he had murdered Mrs. Evans, but in private it was said that he 18… to that crime. His 19… of insanity with regard to other murders was rejected and he was 20… of killing his wife.

Soon afterwards there was an 21… into the 22… of Timothy Evans. The 23… decided that justice had been done and Evans had been rightly hanged. It was only in 1966 that another 24… was set up. This time it was decided that Evans had probably been 25… and he was given a free 26… . Better later than never, as they say.

LECTIA 2: Unit 2.  Legal Systems of the World

The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. However, each country often develops variations on each system or incorporates many other features into the system.

A. CIVIL LAW

Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. However, modern systems are descendants of the 19th century codification movement, during which the most important codes (most prominently the Napoleonic Code and the BGB - Bürgerliches Gesetzbuch) came into existence. In later times, civil law became codified as droit coutumier or customary law that were local compilations of legal principles recognized as normative.

Civil or civilian law is a legal tradition which is the base of the law in the majority of countries of the world, especially in continental Europe and the former Soviet Union, but also in Quebec (Canada), Louisiana (USA), Puerto Rico (a U.S. territory), Japan, Latin America, and most former colonies of continental European countries.

Civil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon people, especially in England. The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law develops out of the Roman law of Justinian's Corpus Iuris Civilis.

Thus, the difference between civil law and common law lies less in the mere fact of codification, but in the methodological approach to codes and statutes. In civil law countries, legislation is seen as the primary source of law. By default, courts thus base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived. Courts thus have to reason extensively on the basis of general rules and principles of the code, often drawing analogies from statutory provisions to fill lacunae and to achieve coherence. By contrast, in the common law system, cases are the primary source of law, while statutes are only seen as incursions into the common law and thus interpreted narrowly.

Civil and common law system also differ considerably in criminal procedure. In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument. It is a common but incorrect belief that civil law systems do not offer the presumption of innocence, but some jurisdictions do.

B. COMMON LAW

The common law forms a major part of the law of those countries of the world with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.

AUTOEVALUARE: LAW BREAKERS. Match the criminal with the definition.

1. an arsonist a) tries to enforce his political demands by carrying out or

2. an assassin threatening acts of violence

3. a deserter b) pretends or claims to be what he is not

4. an embezzler c) makes money by dishonest business methods, e.g. by selling

5. a forger worthless goods

6. a fraud or con man d) steals from his own company

7. a hooligan e) attacks and robs people especially in public places

8. a mugger f) sets fire to property

9. a poacher g) kills for political reasons or reward

10. a racketeer       h) brings goods into one country from another illegally

11. a smuggler                            i) hunts illegally on somebody else’s land

12. a terrorist j) makes false money or documents

k) a soldier who leaves the armed forces without permission

l) causes damage or disturbance in public places

LECTIA 3: Unit 3. Public Law vs Private Law

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication: disputes between private parties, such as individuals or corporations; disputes between private parties and public officials; and disputes between public officials or public bodies.

Public law is the law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are sub-divisions of public law. Generally speaking, private law is the area of law in a society that effects the relationships between individuals or groups without the intervention of the state or government.

Areas of public law (vezi curs pag. 13, 14)

Private law is that part of a legal system which involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, non-profit organizations) and the state including regulatory statutes, penal law and other law that effects the public order.

In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens.

Areas in private law (vezi curs pag. 15, 16)

Civil law (common law) Unlike criminal law, civil law involves relationships among persons and organizations.

AUTOEVALUARE: Match the definitions on the right with the terms on the left:

LECTIA 4: Unit 4. Courts

A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. In common law and civil law states, the courts are the central means for dispute resolution, and it is generally understood that all persons have a right to bring their claims before a court. Similarly, those accused of a crime have the right to present their defense before a court.

CIVIL LAW and COMMON LAW COURTS

The two major models for courts are: the civil law courts (based upon the judicial system in France) which function under an inquisitorial system and the common law courts (based on the judicial system in Great Britain) that follow the adversarial system.

Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law.

The adversarial (or adversary) system of law is generally adopted in common law countries, that relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. The inquisitorial system that is usually found on the continent of Europe among civil law systems (i. e. those deriving from the Roman or Napoleonic Codes) has a judge (or a group of judges who work together) whose task is to investigate the case before them.

Basic features of the adversarial system (vezi curs pag. 21, 22)

AUTOEVALUARE: Put each of the following words and phrases into its correct place in the passage below.

Crime

Crime violates the laws of a community, …… . or nation. It is punishable in accordance with these …… . The definition of crime varies according to time and place, but the laws of most …… consider as crimes such ….. as arson, ….. , burglary, ….. , murder, and .….. .

Not all offences against the law are ….. .The laws that set down the punishments for crimes form the …… . This law defines as crimes those offences considered most harmful to the …… . On the other hand, a …… may wrong someone else other way that offends the ….. law.

The common law recognizes three ….. of crime: treason, ….. and misdemeanour. Death or …… is the usual …… for treason. Laws in the United States, for example, define a felony as a crime that is punishable by a …… of one year or more in a state or federal ….. . A person who commits a …… may be punished by a …… or a jail term of less than one year.

LECTIA 5: Unit 5. THE LAW OF EVIDENCE

KEY CONCEPTS: evidence; testimony; exhibit; hersay; proof / advocate; attorney, barrister; solicitor; lawyer; law clerk; legislator.

REFERAT: Epifora - repetitie lexicala desprinsa din bocet REFERAT: Popa Tanda, de Ioan Slavici. Caracterizarea personajului principal

The law of evidence governs the use of testimony (e.g. oral or written statements, such as an affidavit) and exhibits (e.g. physical objects) or other documentary material which is admissible (i.e. allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law).

In every jurisdiction based on the English common law tradition, evidence must conform to a number of rules and restrictions to be admissible. Evidence must be relevant – that is, it must have a tendency to make a fact at issue in the proceeding be more or less probable than it would be without the evidence.

Jury. Of all jurisdictions worldwide, the United States of America has the most complicated system of evidentiary rules. The unusual complexity of American evidence law arises from two factors: (1) the right of American defendants to have findings of fact made by a jury in practically all criminal cases as well as many civil cases; and (2) the widespread consensus that tight limitations on the admissibility of evidence are necessary to prevent a jury of untrained laypersons from being swayed by irrelevant distractions.

Witnesses In systems of proof based on the English common law tradition, almost all evidence must be sponsored by a witness, who has sworn or solemnly affirmed to tell the truth. The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted during direct examination and cross-examination of witnesses.

Privilege rules give the holder of the privilege a right to prevent a witness from giving testimony. Some of the privileges that are often recognized are the marital secrets privilege, the adverse spousal testimony privilege, the attorney-client privilege, the doctor-patient privilege, the psychotherapist-patient and counselor-patient privilege, the state secrets privilege and the clergy-penitent privilege.

Hearsay is one of the largest and most complex areas of the law of evidence. The default rule is that hearsay evidence is inadmissible. Hearsay is an out of court statement offered to prove the truth of the matter asserted. A party is offering a statement to prove the truth of the matter asserted if the party is trying to prove that the assertion made by the declarant (the maker of the pretrial statement) is true. For example, prior to trial Bob says, 'Jane went to the store.' If the party offering this statement as evidence at trial is trying to prove that Jane actually went to the store, the statement is being offered to prove the truth of the matter asserted.

Burden of proof Different types of proceedings require parties to meet different burdens of proof, the typical examples being reasonable doubt, clear and convincing, and preponderance of the evidence.

Working as a lawyer

The meaning of the word 'lawyer' varies slightly between English dialects:

In American English, the term is synonymous with licensed attorneys who practice law; attorneys who serve in capacities such as judges, law clerks or legislators may be limited in their abilities to practice, but in a loose usage of the term may be considered lawyers.

In British English, the word 'lawyer' is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, and legal executives; and people who are involved with the law but do not practice it on behalf of individual clients, such as judges, law clerks, and legislators.

In Australian English, the word 'lawyer' is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel) but not people who do not practice the law.

In Canadian English, the word lawyer only refers to individuals who have been called to the bar. They may also be known as 'barristers and solicitors', but should not be referred to as 'attorneys', as that word has a different meaning under Canadian law.

Responsibilities In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil law notary.

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.These countries do not have 'lawyers' in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of law-trained persons, known as jurists, of which only some are advocates who are licensed to practice in the courts. Notably, England, the mother of the common law jurisdictions, evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between advocates and procurators in some civil law countries, though these two types did not always monopolize the practice of law as much as barristers and solicitors, in that they always coexisted with civil law notaries.

Oral argument in the courts The classic public image of a lawyer is of a polished, well-dressed advocate who smoothly argues a client's case before a judge or jury in a court of law. This is the traditional province of the barrister.

AUTOEVALUARE: Put each of the following words and phrases into its correct place in   the passage below.

accused                          acquit civil suits counsel

court                               cross-examination fault guilty

judge                               jurors jury legal disputes

legislature                      list money officer

panel                               sentence swear testimony

trial                                  witnesses

Trial by Jury:

A jury is a selected group of laymen that hears the ….. in ….. and decides the facts.

A courtroom trial in which a ….. decides the facts is called a ….. by jury.

Before each ….. term, a jury commissioner or another public ….. prepares a panel, or large initial ….. of qualified jurors. For each trial, ….. are selected by lot from this ….. . Before the trial begins, the jurors ….. to decide the facts fairly. They hear the ….. given by witnesses for both sides, including ….. . Then ….. for each side sum up, or summarize the case, and the ….. explains the applicable law in his instructions to the jury.

In ….. for financial damages, the jury must decide who is at ….. and must determine the amount of ….. to be paid. In criminal cases, the jury must decide whether or not the ….. is guilty “ beyond a reasonable doubt “, and then either return a verdict of guilty, or ….. the defendant by a verdict of not guilty. If the verdict is ….. the judge imposes the ….. , or punishment, within limits that have been fixed by the ….. .

LECTIA 6: Unit 6. What is The European Union?

The European Union (EU) – established under that name in 1992 by the Maastricht Treaty – is an intergovernmental and supranational union of 27 democratic member states from the European continent, though many aspects of the Union had existed, through a series of predecessor relationships, ever since 1951. As a family of democratic European countries working together to improve life for their citizens and to build a better world, The Union nowadays has a common single market, consisting of a customs union, a single currency, a Common Agricultural Policy, a common trade policy and a Common Foreign and Security Policy.

The European Union is, in fact, unique, and it works in an unusual way – it is not a federation like the United States; nor is it simply an organisation for cooperation between governments, like the United Nations. The countries that make up the EU (its ‘member states’) remain independent sovereign nations but they pool their sovereignty in order to gain a strength and world influence none of them could have on their own. Pooling sovereignty means, in practice, that the member states delegate some of their decision-making powers to shared institutions they have created, so that decisions on specific matters of joint interest can be made democratically at European level.

The most important EU INSTITUTIONS include the Council of the European Union, the European Commission, the European Court of Justice, the European Central Bank and the European Parliament.

The three main decision-making institutions are:

the European Parliament (EP), which represents the EU’s citizens and is directly elected by them; (vezi curs pag 34, 35)

the Council of the European Union, which represents the individual member states; (vezi curs pag 35)

The European Commission, which seeks to uphold the interests of the Union as a whole. (vezi curs pag 36)

The Court of Justice upholds the rule of European law, and the Court of Auditors checks the financing of the Union’s activities.

The European Union's activities cover all areas of public policy, from health and economic policy to foreign affairs and defence (although the extent of its powers differs greatly between areas), resembling a confederation or an international organisation. This ‘institutional triangle’ produces the policies and laws that apply throughout the EU. In principle, it is the Commission that proposes new laws, but it is the Parliament and Council that enact them (pass the laws).

The rules and procedures for EU decision-making are laid down in THE TREATIES. Every proposal for a new European law must be based on a specific treaty article, referred to as the ‘legal basis’ of the proposal. This determines which legislative procedure must be followed. The three main procedures are: consultation, assent and co-decision. The treaties are agreed by the presidents and prime ministers of all the EU countries and ratified by their parliaments.

A number of OTHER BODIES also have key roles in making the EU work: (vezi curs pag 33, 34)

Three ‘councils’: which is which? (vezi curs pag 35)

Who works for the EU institutions? (vezi curs pag 36)

AUTOEVALUARE: Politics and government. The mistakes in these sentences have been underlined for you. Suggest a correct or better alternative for each mistakes in Parts A and B. The first one has been done for you.

Part A

Part B

LECTIA 7: Unit 7. The European Union Law

The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. The EU is not a federal government, nor is it an intergovernmental organisation. It involves reciprocal agreement within its fields of activity, as if countries have agreed to work together to agree. There are three types of Union law:

primary legislation: the treaties

secondary legislation: regulations, directives, decisions, recommendations and opinions made by the Union's institutions in accordance with the treaties

decisions of the European Court of Justice and the Court of First Instance

The whole body of EU law is together called the acquis communautaire, broken into 31 chapters for purposes of accession negotiations. The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. The term is also used to describe laws adopted under the Schengen treaty, prior to its integration into the European Union legal order by the Treaty of Amsterdam, in which case one speaks of the Schengen acquis.

[* The 1985 Schengen Agreement among European states allows for common policy on the temporary entry of persons (including the Schengen visa) and the harmonisation of external border controls. A total of 26 countries – including all EU states except the Republic of Ireland and the United Kingdom, but including non-EU members Iceland, Norway, and Switzerland – have signed the agreement and 15 have implemented it so far. Border posts and checks have been removed between Schengen countries and a common 'Schengen visa' allows tourist or visitor access to the area.]

Chapters of the Acquis

During the process of the enlargement of the European Union, the acquis was divided into 31 chapters for the purpose of negotiation between the EU and the candidate member states for the fifth enlargement (the ten that joined in 2004 plus Romania and Bulgaria). These chapters were: Free movement of goods, persons and capital, Freedom to provide services, Company law, Competition, transport and industrial policy, Social policy and employment, Culture and audio-visual policy, Agriculture, Fisheries, Taxation, Economic and Monetary Union, Statistics, Energy, Small and medium-sized enterprises, Science and research, Education and training, Telecommunication and information technologies, Regional policy and coordination of structural instruments, Environment, Consumers and health protection, Cooperation in the field of Justice and Home Affairs, Customs union, External relations, Common Foreign and Security Policy (CFSP), Financial control, Financial and budgetary provisions, Institutions, Others.

The distinction between European Community (EC) law and European Union law is that based on the treaty structure of the European Union. (vezi curs p 42)

AUTOEVALUARE: Complete the sentences using the words below:

draft law, bills, interest, legislative, formality, policy, set out, assent

Draft laws take the form of parliamentary Bills. Most are public Bills involving measures relating to public (1)…. Private (2)…. deal with matters of individual, corporate or local (3)… Proposals for (4)… changes are sometimes set out in government ‘White Papers’. Consultation papers, sometimes called ‘Green Papers’, (5)… government proposals which are still taking shape and seek comments from the public.

A (6)… is given a first reading in the House of Commons without debate; this is followed by a thorough debate on general principles at second reading, and a third and final reading.

Bills must normally be passed by both Houses. They must then receive the Royal (7)… before becoming Acts. In practice this is a (8)….

LECTIA 8: Unit 8. The European Court of Justice

KEY CONCEPTS: first instance; term of office; failure; ombudsman

Role: To give legal judgments on cases brought before it.

Court of Justice: One judge from each EU country;

8 advocates-general

Court of First Instance: At least one judge from

each EU country

Term of office: Members of both courts are

appointed for renewable terms of six years

The Court of Justice of the European Communities (often referred to simply as ‘the Court’), based in Luxembourg, was set up under the ECSC Treaty in 1952. Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone.

The Court is composed of one judge per Member State, so that all 25 of the EU’s national legal systems are represented. For the sake of efficiency, however, the Court rarely sits as the full court. It usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three judges. The Court is assisted by eight ‘advocates-general’. Their role is to present reasoned opinions on the cases brought before the Court.

What does the Court do?

The Court gives rulings on cases brought before it. The four most common types of case are: 1. references for a preliminary ruling; 2. actions for failure to fulfil an obligation; 3. actions for annulment; 4. actions for failure to act.

How is the Court’s work organised?

Cases are submitted to the registry and a specific judge and advocate-general are assigned to each case.The procedure that follows is in two stages: first a written and then an oral phase.

1. At the first stage, all the parties involved submit written statements and the judge assigned to the case draws up a report summarising these statements and the legal background to the case.

2. Then comes the second stage — the public hearing.

The European Ombudsman: investigating your complaints

The position of European Ombudsman was created by the Treaty on European Union (Maastricht, 1992). The Ombudsman acts as an intermediary between the citizen and the EU authorities. He is entitled to receive and investigate complaints from EU citizens, businesses and organisations, and from anyone residing or having their registered office in an EU country.

AUTOEVALUARE: Match the definitions on the right with the words on the left.

LECTIA 9: Unit 9. The US Constitution & The Federal Government

What is this Constitution? It is the basic law from which the United States government gets all its power. It is the law that protects those who live in the United States from unreasonable actions by the national government or any state. (Vezi curs p. 53-57)

The Constitution defines three branches of government. They are the legislative branch, which enacts (makes) laws; the executive branch, which enforces them; and the judicial branch, which interprets them (decides what they mean).

The legislative branch is called Congress. It is made up of two groups of legislators – the Senate and the House of Representatives.

The job of Congress is to pass laws The president, the nation's chief executive, must see that all national laws are carried out. Of course, a very large staff of advisers and other employees assist the president. In fact, the executive branch employs about three million people located all over the world. The most important group of advisers is called the Cabinet. The Cabinet consists of the heads of the 14 departments of the executive branch, such as the Secretaries of Education, Defense, and Agriculture. Cabinet members are chosen by the president with the approval of the Senate.

THE FEDERAL SYSTEM (vezi curs p 51)

AUTOEVALUARE: Discuss the meanings of the words below. Then use some of them to complete the following sentences.

1. The first 10___________________to the U.S. Constitution are called the Bill of Rights.

2. One of the jobs of the Supreme Court is to _____ _______ ______ ______the Constitution.

3. In a _______________ system of government, the governing powers are divided between the state governments and the na­tional government.

4. A proposed law that is being considered by a legislative body is called a ________________

5. If Congress votes in favor of making a bill a law, the President can still stop that bill from becoming law by using his _____ _______ ______ __________ power.

6. President Nixon _________________ from office before he could be __________.

7. Every state elects two ______________ to the Senate, but in the House of Representatives, the number of _____ _______ ______ ______ from each state varies, depending on the state's population.

8. A______________ idea is one that suggests very great changes.

LECTIA 10: Unit 10. The Federal Government

The United States is a democratic republic (a representative democracy). The national govern­ment is a government of all the people and their representatives (elected officials). It is called the federal government because the nation is a federation, or association, of states.

The U.S. Constitution gave the federal government only limited powers, the powers stated in the Constitution. All other powers belong to the individual states.

The LEGISLATIVE BRANCH is called Congress. It consists of the Senate and the House of Represen­tatives. It is the responsibility of congress to propose and pass laws.

The EXECUTIVE BRANCH consists of the President, the Vice President, the Cabinet and the thir­teen Departments, and the independent agencies. It's the responsibility of the executive to enforce laws. The President has the power to veto (reject) any bill (law) of Congress. He appoints all Supreme Court Justices.

The JUDICIAL BRANCH consists of the Supreme (highest) Court, eleven Circuit Courts of Appeals, and ninety-four District Courts. This branch explains and interprets laws and makes decisions in lawsuits. It has power over the other two branches because it can declare their laws and actions unconstitutional (against the principles of the Constitution).

The Cabinet, the Departments, and the Agencies

It is the responsibility of the executive branch of the federal government to enforce the U.S. Constitution and federal laws. The President is the Chief Executive and head of the government. The Vice President, the fourteen Cabinet members (usually called Secretaries) and their Departments, and the federal agencies are also part of the executive branch.

POLITICAL PARTIES

The Democratic Party is the oldest party in the United States. In 1829, Andrew Jackson became the first Democratic President. Since that time, the issues of the nation and the ideas of the party have changed. Both the major parties have liberal and conservative members, but in general people consider the Democrats today more liberal than the Republicans. Democrats often want the government to establish social programs for people in need, such as the poor, the unemployed, and the elderly. They usually say they believe in equal rights for women and minorities and they oppose nuclear weapons and too much military spending. The symbol of the Democratic Party (from political cartoons) is the donkey.

The Republican Party, sometimes called the G.O.P. (the Grand Old Party), began in 1854 over the issue of slavery. Republicans oppose slavery. The first Republican candidate to become President was Abraham Lincoln. After the Civil War, Republicans got interested in farm, land, and business issues. In general, Republicans vote more conservatively than Democrats. They want government to support big business but not to control the lives of citizens

They often oppose government spending for social programs but support military spending. The party symbol is the elephant.

THE ELECTORAL COLLEGE & Facts about the President: (vezi curs pag 61)

HOW CONGRESS MAKES LAWS (vezi curs pag 62)

AUTOEVALUARE:  Match the words with their meanings.

Write T for true and F for false.

1. U.S. citizens vote on federal laws, but they can't vote for Presidential or Vice Presidential candidates.

2. Voters choose the President and the Vice President of the United States directly through the popular vote.

3. Large states have more electoral votes than small states because their number of electors depends on the number of senators and representatives from the state in Congress.

4. Candidates receive the same percentage of electoral votes from each state as their percentage of popular vote.

5. Even if a candidate receives forty-nine percent of the votes in a state, he or she 'loses' the state (gets no electoral votes) in a 'winner-take-all' system.

6. The candidate with the majority of the popular vote can still lose the national election.

7. The electors of the Electoral College meet to cast their votes, and the members of Congress meet to count them.

8. The executive branch makes laws but does not enforce them.

9. The Vice President, the Chief Executive of government, chooses the members of the Cabinet with the approval of the voters.

10. There are fourteen government departments, and their heads are usually called Secretaries.

11. The State Department, the Department of the Treasury, and the Department of Commerce are federal agencies.

LECTIA 11: Unit 14. The United Kingdom Government

KEY CONCEPTS: Bill of Rights; the House of Lords, the House of Commons, the Crown; the Magna Carta; Privy Council

The United Kingdom is a parliamentary monarchy – that is, the head of state is a monarch with limited powers. Britain’s democratic government is based on a constitution composed of various historical documents, laws, and formal customs adopted over the years. Parliament, the legislature, consists of the House of Lords, the House of Commons, and the monarch, also called the Crown. The House of Commons is far more influential than the House of Lords, which in effect makes the British system unicameral, meaning the legislature has one chamber. The chief executive is the prime minister, who is a member of the House of Commons. The executive branch also includes Her Majesty’s Government, commonly referred to simply as “the government.” The government is composed of ministers in the Cabinet, most of whom are members of the House of Commons; government departments, each of which is responsible to a minister; local authorities; and public corporations. Because the House of Commons is involved in both the legislative and executive branches of the British government, there is no separation of powers between executive and legislature as there is in the United States.

The Constitution

The British constitution comprises multiple documents. The written part consists of the Magna Carta, written in 1215; the Petition of Right, passed by Parliament in 1628; and the Bill of Rights of 1689. It also includes the entire body of laws enacted by Parliament, precedents established by decisions made in British courts of law, and various traditions and customs.

The Monarchy

English Sovereigns. The first unified government of England came with the conquest of the Danish in northern England by Edward the Elder. The rule of succession to the throne is primogeniture, or the passing of the throne to the oldest son (or daughter when there are no sons). The English monarchy continued to rule England until the 19th century, when the country became a constitutional monarchy, and most national policy was decided by Parliament.

Elizabeth II became queen of the United Kingdom of Great Britain and Northern Ireland in 1952 upon the death of her father, King George VI. Throughout her reign she has been a symbol of unity and continuity within the United Kingdom and the Commonwealth of Nations.

As the official head of state, the monarch formally summons and dismisses Parliament and the ministers of the Cabinet. The monarch also serves as head of the judiciary, commander in chief of the armed forces, and Supreme Governor of the Church of England and the Church of Scotland.

Buckingham Palace in Westminster is the official London residence of the British sovereign

The monarch may also meet with the Privy Council, a now largely ceremonial body made up of Cabinet members that serves in an advisory capacity to the monarch. Since Britain is a democracy, the monarchy could potentially be abolished if a majority of the population decides to do so.

THE EXECUTIVE

1. The Prime Minister The office of prime minister resembles that of a chief executive of a government, but the king or queen is the official head of state. The chief executive of the government is the prime minister. He or she is the leader of the party that holds the most seats in the House of Commons. The monarch goes through the ceremony of selecting as prime minister the person from the House of Commons who is head of the majority party. The prime minister presides over the Cabinet and selects the other Cabinet members, who join him or her to form the government that is part of the functioning executive.

No. 10 Downing Street in London has been the official residence of the British prime minister since Sir Robert Walpole in 1732.

2. The Cabinet has about 20 members, or ministers, all of whom must be members of Parliament (MPs). Members of the Cabinet are leaders of the majority party in the House of Commons or, more rarely, members of the House of Lords. Cabinet ministers who head a particular government department, such as the Ministry of Defense, are known as secretaries of state. The prime minister serves as the first lord of the treasury and as minister for the civil service.

3. The Privy Council is a large, and generally ceremonial, body of more than 450 members that developed out of the royal council that existed in the Middle Ages. It comprises all current and former Cabinet members, as well as important public figures in Britain and the Commonwealth.

Political Parties

British political parties date from the 17th century, when the Whig and the Tory parties appeared during the time of the Revolution of 1688. Whigs believed in a strong Parliament and came from the landed classes who were allied with the merchants and nonconformist or non-Anglican Protestants. Tory supporters came from the landed aristocracy and were defenders of the king and the Church of England. In the 1800s the Whigs merged with other parties interested in social reform to form the Liberal Party. The Tories took on the additional name of the Conservative Party in the 1830s in order to appeal to a broader electorate, and both names are used interchangeably. The Conservative Party is still a major party in the United Kingdom, but the Labour Party, founded around the turn of the 20th century, grew to become the primary opposition to the Conservatives, taking the place of the Liberals. The Liberal Party evolved into the Liberal Democrat Party, the third most popular party in Britain.

Courts in the United Kingdom

There are three legal systems in the United Kingdom: for England and Wales; for Scotland; and for Northern Ireland. Because they have been ruled by the same parliament for so long, the different systems have much in common. However, their different origins and circumstances, especially in Scotland, mean that they have their own procedures and detailed law. Appeal can be made from all courts in the United Kingdom, except in Scottish criminal matters, to the House of Lords in London.

The Structure of the Courts: Criminal

The most numerous courts in England and Wales are the magistrates’ courts, where Justices of the Peace, or magistrates, sit. Most magistrates are lay people who sit on a bench of three with a legally qualified clerk who advises them on the law. In cities there are also stipendiary magistrates who are legally qualified and sit alone.

Magistrates decide the vast majority of criminal matters and a limited range of civil and administrative questions. Appeal can be made from the magistrates’ decision to the Crown Court, where a circuit judge sits, usually with two magistrates who did not hear the case in the magistrates’ court.

Either the defendant or the prosecution may appeal to the House of Lords in its appellate capacity, which does not involve lay members of the House, but is heard by a committee of paid Lords of Appeal in Ordinary.

The Structure of the Courts: Civil Matters

Other than the limited jurisdiction of the magistrates’ court, mostly concerned with family matters, most unexceptional civil disputes come to the county court

The High Court is the ancient civil court of England, divided into three Divisions: Queen’s Bench; Chancery; and Family Division. Usually, one judge sits in a High Court case, except when a divisional court is convened. That consists of usually one High Court judge and a Lord Justice of Appeal, and usually tries disputes about government decisions.

AUTOEVALUARE: Fill in the missing words in the sentences below. Choose from the following:

1. The number of young people who ………….crimes has risen sharply in recent years.

2. Another house was broken into last week. This is the third……in the area in the past month.

3. The judge………………….him to seven years’..……………………for armed robbery.

4. After twelve hours, the Jury finally reached its….……………: the prisoner was guilty.

5. Although the police suspected that he had been involved in the robbery, since they had no  

definite…………………there was nothing they could do about it.

6. He parked his car in the wrong place and he had to pay a 20$ parking ……………….

7. This is the fourth fire in the area recently. The police suspect………….

8. The shop decided to install closed-circuit television in an effort to combat the problem of….

9. He was……………… by the police outside a pub in Soho and………….with murder.

10. There are two criminal courts in Britain: the …for minor offences and the … for more serious ones.

11. A…………………………….is a young person who breaks the law.

12. A…………………is someone who sees a crime being committed.

13. The lawyer who prepares the case for his/her client prior to appearing in court is called a………

14. The sum of money left with a court of law so that a prisoner may be set free until his/her trial

comes up is called……………..

15. The bank manager admitted taking 250,000$ of the bank’s money during the previous five

years. He was found guilty of…………………………

16. The witness held the Bible in her right hand and said: “I swear by Almighty God that

the………………I shall give shall be the truth, the whole truth, and nothing but the truth

17. The formal statement made by a witness in court is called a ……………………

18. If a person is……………………, this means that s/he is put in prison before his/her trial.

19. Since it was his first offence, he was not sent to prison but put on……………for six months.

20. At a trial, the barrister who speaks for the accused is called the Counsel for the……, while the barrister who speaks against him is called the Counsel for the…

LECTIA 12: Unit 15. Legal Career

KEY CONCEPTS: bar; clerkship; degree; skills; oral communication; self-learning

Legal education

Is the education of individuals who intend to become legal professionals (attorneys and judges) or those who simply intend to use their law degree to some end, either related to law (such as politics or academic) or unrelated (such as business entrepreneurship).

In addition to the qualifications required to become a practicing lawyer, legal education also encompasses higher degrees such as doctorates, for more advanced academic study.

In many countries other than the United States, law is an undergraduate degree. Graduates of such a program are eligible to become lawyers by passing the country's equivalent of a bar exam. In such countries, graduate programs in law enable students to embark on academic careers or become specialized in a particular area of law.

Essential Skills & Values

There are important skills and values, and significant bodies of knowledge that you can acquire prior to law school and that will provide a sound foundation for a legal education. These include: analytic and problem-solving skills, critical reading abilities, writing skills, oral communication and listening abilities, general research skills, task organization and management skills, and the values of serving faithfully the interests of others while also promoting justice. If you wish to prepare adequately for a legal education, and for a career in law or for other professional service that involves the use of lawyering skills, you should seek educational, extra-curricular and life experiences that will assist you in developing those attributes:

Analytic / Problem Solving Skills. You should seek courses and other experiences that will engage you in critical thinking about important issues, challenge your beliefs and improve your tolerance for uncertainty. Your legal education will demand that you structure and evaluate arguments for and against propositions that are susceptible to reasoned debate.

Critical Reading Abilities. Preparation for legal education should include substantial experience at close reading and critical analysis of complex textual material, for much of what you will do as a law student and lawyer involves careful reading and comprehension of judicial opinions, statues, documents, and other written materials. As with the other skills discussed in this Statement, you can develop your critical reading ability in a wide range of experiences, including the close reading of complex material in literature, political or economic theory, philosophy, or history.

Writing Skills. As you seek to prepare for a legal education, you should develop a high degree of skill at written communication. Language is the most important tool of a lawyer, and lawyers must learn to express themselves clearly and concisely. Legal education will provide you with good training in writing, and particularly in the specific techniques and forms of written expression that are common in the law. Fundamental writing skills, however, must be acquired and refined before you enter law school.

Oral Communication and Listening Abilities. The ability to speak clearly and persuasively is another skill that is essential to your success in law school and the practice of law. You must also have excellent listening skills if you are to understand your clients and others with whom you will interact daily. Before coming to law school, however, you should seek to develop your basic speaking and listening skills, such as by engaging in debate, making formal presentations in class, or speaking before groups in school, the community, or the workplace.

General Research Skills. However, it would be to your advantage to come to law school having had the experience of undertaking a project that requires significant library research and the analysis of large amounts of information obtained from that research. The ability to use a personal computer is also necessary for law students, both for word processing and for computerized legal research.

Task Organization and Management Skills. To study and practice law, you are going to need to be able to organize large amounts of information, identify objectives, and create a structure for applying that information in an efficient way in order to achieve desired results.

The Values of Serving Others and Promoting Justice. Each member of the legal profession should be dedicated both to the objectives of serving others honestly, competently, and responsibly, and to the goals of improving fairness and the quality of justice in the legal system.

General Knowledge. In addition to the fundamental skills and values listed above, there are some basic areas of knowledge that are helpful to a legal education and to the development of a competent lawyer.

Some of the types of knowledge that would maximize your ability to benefit from a legal education include:

* A broad understanding of history, including the various factors (social, political, economic, and cultural) that have influenced the development of our society.

* A fundamental understanding of political thought and of the contemporary political system.

* Some basic mathematical and financial skills, such as an understanding of basic pre- calculus mathematics and an ability to analyze financial data.

* A basic understanding of human behavior and social interaction.

* An understanding of diverse cultures, of international institutions and issues, of world events, and of the increasing interdependence of the nations and communities within our world.

You may also gain much of this background through self-learning by reading, in the workplace, or through various other life experiences.

AUTOEVALUARE: Complete the definitions using the following words: contract, will,    deed, affidavit.

1. A(n) … is a legal instrument that, when delivered, transfers a present interest in property.

2. A(n)  … is a legal agreement between two or more people to do something.

3. A(n) … is a written statement made on oath before a notary public or other person authorized to administer oaths.

4. A(n) … is a legal statement of a person’s wishes concerning the disposal of his or her property after death.