LECTURE I ORIGINS OF THE ENGLISH LEGAL SYSTEM Course instructor: Roxana-Cristina Petcu P!

" In order to speak about the origins of the English legal system, the first thing that we have to clarify is the notion of English law. The United Kingdom is made up of Great ritain and !orthern Ireland. In turn, Great ritain includes England, "cotland and #ales. $ll of these countries had different bodies of law and various legal traditions and customs which co%e&isted or still co%e&ist. 'nly between England and #ales has a fusion of laws taken place, so the notions of (English law) and the (English legal system) cover the law and legal system in application in England and #ales. English law is made up of written laws, called statutes or $cts of *arliament and, mainly, of a huge amount of case-#a$ generally referred to as co%%on #a$, even if it includes both common law and e&uit'. COMMON LA(

+ommon law did not e&ist at the time of the !orman +on,uest. efore -.//, $nglo%"a&on law consisted in local customs applied by assemblies of free men, called county courts. efore #illiam I con,uered England, the country was socially atomi0ed. There were local laws and institutions, which often reflected the customs and traditions of previous invading cultures, such as the $ngles, "a&ons, 1utes, 2anes, etc. 3or instance, in Kent, the English region settled by the 1utes, the custom of intestate succession dictated that the land was to be divided e,ually amongst the sons, whereas elsewhere the land would be assigned to the eldest son. #hat is surprising is the fact that this Kentish custom survived as an anomaly of the law of intestate succession until the -.45 reforms. 6et, the !orman +on,uest changed very little in terms of the local administration of local laws and customs. #hat the !orman +on,uest brought new was the development of a legal principle, namely that tenure of land implied 7urisdiction. In this way the feudal lords created their own feudal courts, presiding over the administration of their lands and those who worked then. These feudal courts were called )aronia# or %anoria# courts. y virtue of the hierarchical organi0ation of the feudal society, courts were also sub7ect to a hierarchy. #hat did that mean in practice8 #ell, it meant that the highest court was the King9s court because the King, as the owner of the land, was the one who gave land directly to the highest nobles of the realm called Tenants in C!ie*. In turn, the Tenants in chief gave land to the lower lords, so the King9s court had 7urisdiction over the Tenants in +hief, while the tenants in +hief had 7urisdiction over the other feudal lords. created, where cases were settled by canon #a$ namely religious law common to all +hristendom. #illiam9s successors managed to make the system more efficient by creating a more centrali0ed and speciali0ed form of government. This was achieved in two ways: ;i< by delegating the royal 7udicative power to itinerant +ustices organi0ed in circuits who would travel around the country holding sittings ut these courts, too, applied local customary law. *arallel to the feudal courts, ecclesiastical courts were also

;$ssi0es< to hear and settle cases to be tried in the county towns and enforce the king9s rights. The first of these circuits were designed to raise royal revenue by enforcing the financial rights of the crown and by (causing 7ustice to be done), the more so as forfeitures, fines and amercements became an important source of royal revenue= ;ii< three static royal courts of 7ustice ;+uria >egis< were created, located at #estminster. These were the +ourt of the E&che,uer, speciali0ed in the ,uestions of royal finance ;you can now understand why the ritish minister of finance is called the +hancellor of the E&che,uer<, the +ourt of +ommon *leas which had a wide first instance 7urisdiction in ordinary litigation among sub7ects and the +ourt of King9s ench which had an appellate and supervisory 7urisdiction over all royal 7ustice, e&cept that within the 7urisdiction of the E&che,uer. In the -- th and -4th centuries, the royal court of 7ustice had limited 7urisdiction, as disputes were normally brought before the feudal courts or the ecclesiastical courts. The King9s court only heard cases in e&ceptional circumstances, it was a court for important personalities and important disputes ;eg. when the peace of the kingdom was threatened<. ?ater on, the same 7udges sat at #estminster as sat on the $ssi0es, so there was a high degree of uniformity in the decisions made in the static and itinerant courts. The 7urisdiction of these courts was e&tended until it became common to the whole kingdom. Therefore, the law created by this 7urisdiction came to be known as co%%on #a$ ;common to the whole of England<. Thus, given its origins, co%%on #a$ can be defined as the general law contained in decided cases, as opposed to $cts of *arliament. It is that part of the law of England formulated, developed and administered by the old common law courts, based originally on the common customs and it is unwritten. It is the body of customary law, resting upon 7udicial decisions and embodied in reports of decided cases. It is the law administered by the common%law courts of England since the @iddle $ges. 3rom this body of law has evolved the type of legal system found also in the United "tates ;e&cept for ?ouisiana< , $ustralia, +anada ;e&cept for Auebec<, Ghana, Bong Kong, India, 1amaica, @alaysia, new Cealand, *akistan, Tan0ania, the ahamas and Cambia. Co%%on #a$ is to be distinguished from the law created by the enactment of the legislative bodies. It comprises the body of principles and rules of action, relating to the government and security of persons of property, which derives their authority solely from customs or from the 7udgments and decrees issued by the courts. Co%%on #a$ is also to be distinguished from ecclesiastical law, because it is the system of 7urisprudence administered by the purely secular tribunals. In this sense, co%%on #a$ is based on the above%mentioned hierarchy of the in all the 7urisdictions and the ,rinci,#e o* )in-in. ,rece-ent which in practice means that the decision of a higher court is binding in a lower court, that is the decision must be followed and in the course of a trial 7udges may refer to e&isting precedents. 1udges may also consider decisions given in lower courts, but they are not bound to follow them. !evertheless, a decision made by a court of e,ual or greater status must be applied if it is to the point, that is relevant or pertinent. In other words, during a trial the current case will be compared to other cases and it will be distinguished from other cases referred to or it will be considered similar, namely it will be argued that the rule at law reasoned and established in a previous case is applicable and should be followed. Bence the term case #a$. The precedent is the rule of law which the first instance 7udge relied on in determining the outcome of the case.

Initially, to submit a claim to the royal courts, which were above local problems and more impartial than the other courts. The plaintiff had to re,uest the +hancellor to deliver a $rit by which the royal courts could be sei0ed of the matter. In the -4 th and -Dth centuries, writs were granted only for certain types of cases, already listed. 3or instance, in -44E there were only 5/ writs, but later on the list was augmented. 6et, until the mid%-Fth century, the royal courts of #estminster only heard cases submitted to them on the basis of the writs created in the -Dth century. #hat is important to notice is that the royal courts tried to unify the different local customs, although they heard cases coming from all parts of the country. The common law thus created involved a very formalistic procedure, as it was necessary that the case should correspond e&actly to one on the list. $fter obtaining a writ, the claimant had to follow a very rigid procedure which was different for every writ. If there was only a slight procedural mistake the case was dismissed or a nonsuit decision was issued. !evertheless, those forms of action were abolished in -GED% -GE5 by $cts of *arliament called $cts of 1udicature. These $cts established a uniform procedure for all ordinary actions. ut until this solution was found the procedure was so rigid that an alternative solution to obtain 7ustice had to be found, namely e&uit'/ Other meanings of common law The whole law of England, including ecclesiastical, maritime and mercantile law, as administered in England, as distinct from that of all other countries In 3rench and German law, common law ;droit commun< refers to the law common to the whole area of the state as distinct from local or regional customs. The description of the general system of law within a national 7urisdiction. In this sense it is contrasted with the notion of Hcivil law9 7urisdiction, namely the system of law developed from >oman law. E0UITY

E,uity is a body of rules that evolved mainly in the -5 th and -/th centuries to complete the common law system which had become insufficient and defective. #hen the royal courts applying the common law could not be sei0ed of a case or could not provide an ade,uate remedy, it was possible to re,uest the king, by appealing to his conscience, to intervene as sovereign 7usticiar. The King would delegate his powers to a +hancellor but neither of them intervened to create new rules of law, they only intervened in the name of morality. The office of +hancellor ;more recently ?ord +hancellor< has an ancient history. Initially, the (cancellarius) ;from ?atin (cancellus) which meant a bar< was an usher who served at the bar of a >oman court. ?ater an, a more illustrious form of this was to be found in the court of +harlemagne and was transported to England by the time of Edward the +onfessor, where he became the King9s right%hand man and the most powerful official in the realm. The ?ord +hancellor headed the royal secretariat ;called the C!ancer'< and was responsible for the used and custody of the Great "eal of the >ealm. Be was

also closely associated with the administration of 7ustice, being an important member of the King9s +ouncil whose duty was to consider and ad7udicate upon petitions addressed to the +ouncil by sub7ects who sought 7ustice from it as the body most close to the king. *etitions might be presented for a variety of reasons, but mostly by people who had failed to obtain 7ustice in the common law courts. In every day language, e&uit' means natural 7ustice, but this definition does not cover the meaning ac,uired by this concept. $s already stated, e,uity was inspired by ideas of natural 7ustice, but nowadays it is a particular branch of English law, it is part of the law of England. The word e&uit' is derived from the ?atin ae&uitas meaning #e1e#in.. #hat about the origins of e,uity8 $s stated above, in the @iddle $ges the courts of common law failed to give redress in certain types of cases where redress was necessary, so the disappointed parties ;litigants< petitioned the King, as the King was the Hfountain of 7ustice9 for e&traordinary relief. Through his +hancellor, the King set up a special court, the +ourt of +hancery, to deal with these petitions. The rules applied by the +ourt of +hancery turned into law and became part of the #a$ o* t!e #an-. 3ailure to obtain 7ustice was mainly due to three causes: ;i< the common law court was in some way defective, that is lacked the necessary legal solution to a case, ;ii< the only remedy that common law courts could usually supply was the award of damages, ;iii< even if the law was ade,uate to solve a case, it was not always possible to obtain 7ustice in a common law court due to the greatness of one of the parties. Therefore, only the +hancellor, who was one of the chief royal officials, could remedy these defects. $s he was closely associated with the King, the +hancellor was bound by neither the rules nor the procedures of the common law courts. Main applications of EQUITY

The most important branches of e&uit' are the #a$ o* trusts and the #a$ o* contracts. 3or instance, in the case of tres,ass, common law offered damages, but did not provide a means to have the trespasser stop. The chancellor intervened in e&uit' and granted an in+unction ordering the defendant to stop infringing on another9s property. If the defendant did not obey, he was sent to prison for (contempt of court). In the case of a breach of contract, the only remedy at common law was damages, but the aggrieved party was much more interested in obtaining the actual performance of the contract. Therefore, the +hancellor issued a 2-ecree o* s,eci*ic ,er*or%ance3 urging the e&ecution of the contract. The common law theory of consent covered only physical violence and not moral coercion, so the +hancellor intervened against those who took unfair advantage of their dominant position ;guardians, confessors, etc< to obtain a contract. $nd, as far as property matters were concerned, e,uity obliged trustees to respect their agreement. $ plaintiff who anted to obtain all the remedies he was entitled to, he had to bring two successive actions I one in damages before a common law court and another one in chancery to obtain an e,uitable in7unction or a decree of specific performance. In such a case, if there was Hconflict9 between the rules of common law and the rules of e&uit', e&uit' came to prevail.

E&uit' and co%%on #a$ went on in parallel, the former complementing the latter, until -GE5, when the $ct of 1udicature of -GED was applied. That application resulted in the abolition of the old courts of common law and the +ourt of +hancery. They were replaced by one "upreme +ourt of 1udicature, each branch of which had the power to administer both co%%on #a$ and e&uit'. #hat happened was a fusion of the administration of co%%on #a$ and e&uit'. The two systems themselves did not fuse, the rules of co%%on #a$ are still distinct from the rules of e&uit', but both are now open to a plaintiff in one action before the same court. STATUTE LA(

+ontrary to the general view, held by most people, s tatute #a$ 4 Acts o* Par#ia%ent has ;have< e&isted for -... years in the English legal system. The first important wave of legislation was under Benry II ;--5J I --GF<. $t that time legislation was made by the King in +ouncil, but sometimes even by a kind of parliament which consisted mainly of a meeting of nobles and clergy summoned from their s!ires. In the -Jth century, parliamentary legislation became more general. Initially, the parliament contended itself with asking the king to legislate, but later on the parliament itself presented bills. It is in the Tudor period that the modern procedure was established of giving three readings to a bill before it could become law. Ever since the Tudor period, *arliament became more and more powerful and the practice of law making by statute increased. !evertheless, statutes became am important source of law only in the -Fth and 4.th centuries. $fter #orld #ar II, with the intervention of the state in the economy and the creation of the #elfare "tate, statute law proliferated. In case of conflict with co%%on #a$ or e&uit' statute #a$ prevails because no court of law or any other body can ,uestion the validity of an $ct of *arliament, as the *arliament is sovereign. @ost modern statutes re,uire much detailed work to implement them. These details are not usually contained in the statute, so the relevant authorities ;ministries, local authorities, etc< make up the details and issue regulation in application of the statute. This form of law is called -e#e.ate- #e.is#ation or secon-ar' #e.is#ation . $cts of *arliament have sovereign force, and legislation made under delegated power can be valid only it it conforms e&actly to the powers granted in the primary legislation. "o, since -FE4 there has e&isted a 7oint committee of the two Bouses of the ritish *arliament which e&amines every piece of delegated legislation to check whether the respective piece of legislation does not e&ceed the limits established by the statutory framework. The committee issues an opinion as to the validity of that piece of legislation, but only a court of law can declare the delegatedKsecondary legislation invalid. The Magna Carta

This ma7or piece of legislation was first enacted in -4-5. King 1ohn was forced to accept it under threat of civil war. It was the earliest attempt to limit the powers of the monarch and define the e&tent of the rights

and liberties of sub7ects. The @agna +arta re,uired King 1ohn of England to proclaim certain rights ;mainly of his barons<, respect certain legal procedures, and accept that his will could be bound by the law. It e&plicitly protected certain rights of the KingLs sub7ects, whether free or fettered M most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment. @agna +arta was arguably the most significant early influence on the e&tensive historical process that led to the rule of constitutional law today in the English speaking world. @agna +arta influenced the development of the common law and many constitutional documents, including the United "tates +onstitution. @agna +arta was the first document forced onto an English King by a group of his sub7ects ;the barons< in an attempt to limit his powers by law and protect their privileges. It was preceded by the --.. +harter of ?iberties in which King Benry I voluntarily stated what his own powers were under the law. @agna +arta is normally understood to refer to a single document, that of -4-5. Narious amended versions of the @agna +arta appeared in subse,uent years however, and it is the -4FE version which remains on the statute books of England and #ales. In -4FE, @agna +arta was re%enacted and it was confirmed by Edward I. The re%enacted version can be considered as a declaration of certain fundamental principles, such as : -. no one shall lose his life and liberty (e&cept by lawful 7udgement of his e,uals and by the law of the land) 4. the king should not sell, deny or delay 7ustice D. punishment should be in relation to the seriousness of the crime 3or modern times, the most enduring legacy of @agna +arta is considered to be the right of habeas corpus. In -/EF, the Babeas +orpus $mendment $ct was passed. The Ha)eas Cor,us Act 5678 was passed by the *arliament of England during the reign of King +harles II to define and strengthen the ancient prerogative writ of !a)eas cor,us whereby persons unlawfully detained can be ordered to be prosecuted before a court of law. Though amended, it remains on the statute book to this day. The $ct contains provisions ensuring that persons imprisoned without legal cause, whether by the +rown or by private individuals should, on obtaining a writ of habeas corpus, have their detention e&amined by a 7udge within a set period of time.

THE "OCTRINE OF 9U"ICIAL PRECE"ENT

The starting point from which to e&plain the English doctrine of precedent is the principle of 7ustice that like cases should be decided alike. This principle is enforced in English law by the rule of stare -ecisis ;?atin term which means to observe the previous decisions, namely the precedent<. This rules is almost universally applied in all 7urisdiction throughout the world, but it has a specific coercive or binding nature in the English system. "uch binding nature comes from the rules of practice applied by English 7udges, called ru#es o* ,rece-ent/ These rules state that, to a large e&tent, English law is based on

case-#a$. Case-#a$ consists of the rules and principles acted on by the 7udges in giving decisions when trying a case. $t the same time, the English system obliges a 7udge trying a new case to look back to see how previous 7udges have dealt with previous cases ; ,rece-ents< involving similar facts. This is different from the other 7urisdictions, where the rules and principles used by a 7udge to give a decision in a past case are regarded as material the new, current 7udge %a' take into consideration, but he is not bound to do it. Therefore, in the English system, a 7udge9s decision in a particular case constitutes a H ,rece-ent9. The standing of the rules of precedent depends on the status of the court which decided the case. The decisions of the Bouse of ?ords are treated with the greatest respect, whereas the decision of a county court 7udge has normally limited effect. This approach has developed into a system under which precedents of the superior courts, if relevant to the facts of the case, are (binding) on lower courts. ut, it must not be imagined that the law is always discoverable by the simple procedure of looking up and finding the right precedent. ?ife teaches us that fact are infinitely various and by no means all cases are e&actly covered by previous decisions. 'n the contrary, the facts in ,uestion often resemble two or more divergent decisions, that is why, in such circumstances, the courts have freedom of choice in deciding which decision to follow. 3urther more, cases o* *irst i%,ression arise even today, namely cases in which the facts bear no resemblance to the facts in any previous case. In such a case, when the 7udge rules, he legislates, in other words he establishes a precedent that future courts must follow.

HO( A :ILL :ECOMES AN ACT IN THE ENGLISH PARLIAMENT

5/ 3irst >eading I the ill is formally introduced into the Bouse of +ommons ;/ "econd >eading I there is a general debate on the floor of the Bouse and then a vote is taken. The vote may have two results: ;i< a ma7ority vote in favour of the ill or ;ii< no ma7ority vote in favour of the ill. In the first case ;affirmative ma7ority vote< the "tanding +ommittee e&amines the ill clause by clause and considers the amendments. In the second case ;no ma7ority vote in favour<, the ill is re7ected or re%introduced in an amended form. </ $fter e&amination by the "tanding +ommittee, the ill is Hreported9 back to the Bouse for the Third >eading, which allows further general debate. $fter the D rd >eading a new vote is taken. The vote may have two results: ;i< a ma7ority vote in favour of the ill or ;ii< no ma7ority vote in favour of the ill. In the first case ;affirmative ma7ority vote<, the ill is sent to the Bouse of ?ords for a similar procedure. In the second case ;no ma7ority vote in favour<, the introduced in an amended form. =/ The ill is e&amined in the Bouse of ?ords. $ vote is then taken, which may have two results: ;i< a ma7ority vote in favour of the ill or ;ii< no ma7ority vote in favour of the ill. In the first case ;affirmative ma7ority vote<, the ill is sent forward for the monarch to give the >oyal $ssent ;to be signed by the sovereign <. $fter the >oyal $ssent, the ill becomes an $ct of *arliament. ill is re7ected or re%

>/ In the second case ;no ma7ority vote in favour<, the +ommons. The

ill is referred back to the Bouse of

ill is re%passed by the Bouse of +ommons in identical form in two successive

sessions, with at least - year separating the 4 nd >eading in the -st session from the Drd >eading in the 4nd session, then the re7ections of the Bouse of ?ords are finally overruled. $s yet, this statutory procedure has not been invoked. THE ENGLISH PARLIAMENT

In England the ultimate legislator is the *arliament because in the English traditional constitutional theory parliament is sovereign. This means that all legislative power within the realm is vested in *arliament or it is derived from the authority of *arliament, and it also means that there is no legal limit to the power of *arliament. *arliament enacts legislation and also delegates legislative power to other bodies or even individuals, but it may also, by $+T, remove these powers as simply as it has conferred them. Thus, *arliament is sovereign in matters of legislation enactment, but the courts also have an influence upon the development of enacted law. Bow so8 #ell, in order to be applied, every enact%ent, however it be ,ro%u#.ate-, has to be interpreted by the courts, the role of which as interpreters of law is generally recogni0ed.

THE AMERICAN LEGAL SYSTEM

The origins of the $merican law can be traced back to the founding of the English colonies which were governed by common law and e,uity. "tatute law, which already e&isted in the mother country, was also imported and applied in the colonies. ?ater on, after the $merican #ar of Independence, in -EGF, the Constitution was ratified and the $merican system was established, including a federal system of government, laws and courts, in other words the powers of the stated were officially separated into the e&ecutive branch, the legislative branch and the 7udiciary branch. The +onstitution stipulates that this very document can be amended and also each branch of power can intervene in the decisions made by the other two. These interventions go by the set phrase of c!ec?s an- )a#ances. 3or instance, Con.ress ;the legislative branch of power< has powers over the Presi-ent whose appropriations of money they control ;U" I a,,ro,riation )i## </ The Con.ress can also override the *resident9s veto, they can impeach him and finally remove him after investigating the *resident9s conduct. Con.ress also have power over the "upreme +ourt ;the 7udiciary branch of power< as they fi& the si0e of the +ourt and control its money appropriations. +ongress impeach and remove 7udges, confirm the nomination of 7udges an create inferior federal courts, as defined by $rticle III of the

+onstitution. The "enate ;the upper house of the $merican +ongress< is the one which confirms the appointment by the *resident of 7udges and +abinet members, therefore the appointment of the Attorne'-Genera# as well. The Presi-ent can veto bills in +ongress, he also appoints federal 7udges and may grant pardon for federal crimes. The Su,re%e Court interpret statutes and administrative regulations and determine their constitutionality. This process is known under the name of +u-icia# re1ie$ . In -EF-, +ongress ratified -. amendments to the +onstitution. These amendments make up what is known as the :i## o* Ri.!ts. $mendment O to the +onstitution gave birth to the "tate governments, the structure of which is identical to the structure of the 3ederal government, namely state governments have a written constitution, a state senate and a state assembly, a governor assisted by a lieutenant governor and a state supreme court. $ccording to the provisions of the +onstitution, powers were distributed between the federal government and the state governments. oth types of governments have the power of ta&ation, they also have concurrent powers ;7oint, simultaneous< in the field of business regulations ;for instance antitrust laws, unfair competition, advertising and corporation securities<. y virtue of the principle of se,aration o* ,o$ers the three branches of government have different responsibilities, as follows: ;i< +ongress legislates in civil and criminal matters, ;ii< the *resident and his administration see to the implementation of the law and ;iii< the federal courts make decisions on civil and criminal cases. The *e-era# .o1ern%ent controls foreign affairs and matters of general interest ;currency, the military, immigration, foreign and domestic trade, patents of inventions, copyrights and bankruptcies<. There are a number of agencies ;also called boards, authorities, commissions and departments< which control a lot of other activities. These agencies make and enforce rules and have ,uasi%7udicial powers. The fifty state enact legislation dealing with family relations and private property, the creation of business organi0ations, the licensing of ,ro*essiona#s as well as public safety and morals. The $merican legal system is based first on English common law, from which it borrowed the rule of precedent, then on the +onstitution together with its statutes, rules and regulations drawn up by the government agencies. Thus, the hallmark of the $merican system is this combination of civil law and common law. In this system, su)stanti1e #a$ covering both private matters ;contracts, torts P delicate civile, property, business organi0ations, family law, coomercial law< and public matters ;constitutional, administrative, labor, ta& and criminal law and also trade regulation< as well as ,roce-ura# #a$ are founded both on the federal constitution and the decisions of the U" "upreme +ourt and the fifty states9 constitutions together with the decisions of the fifty states9 courts. The $merican system of 7ustice has some important features, namely continuity, fle&ibility, 7udicial review and 7udicial independence. HO( A :ILL :ECOMES AN ACT IN THE AMERICAN CONGRESS

5/The $merican +ongress is made up of two houses I the lower one called the Bouse of >epresentatives and the upper one called the "enate. oth senators and representatives may propose bills. ;/ The bills go to the full committees and then to the various subcommittees to be studied, read and approved. Bearings are organi0ed to debate on the proposed bills. </ $fter being studied by the subcommittees, the bills return to the full committees for more hearings and revisions on the amendments proposed by the subcommittees. In the end, after debates on t!e *#oor of the respective house ;chamber <, the bill may be passed or defeated ;re7ected<. =/ If the bill passes, it will go through the same procedure in the other house ;chamber<. $ final vote is taken on the floor of the second house to decide whether the bill is passed or is defeated. >/ If the bill passes in the second chamber as well, a co%%ittee o* con*erence is established. The committee of conference includes representatives of both houses and its task is to work out a compromise version to be sent to each of the two houses for final approval. 6/ If the compromise bill has the unanimity of both houses it is sent to the #hite Bouse for the *resident to promulgate it. 7/ The *resident can either si.n it into a #a$ or veto it and return it to +ongress. @/ If the ill is returned to +ongress, the bill can be enacted without the *resident9s signature with only a two%third ma7ority in each Bouse of +ongress.

LEGAL ENGLISH (ORASHOP I BA,,#ie- Mo-ern Lan.ua.es MA Pro.ra%%eC Fa## se%ester ;DD8-;D5D Course instructor: Roxana-Cristina Petcu P!"
I/ Fin- t!e correct -e*inition *or eac! o* t!e #e.a# ter%s )e#o$: Aut!orit'E courtE .o1ernE +u-.eE #a$ en*orce%ent a.enc'E #a$'ersE #e.a# actionE #e.a# s'ste%E #e.is#ationE ru#eE tri)una#E t!e +u-iciar' -. 4. D. J. 5. /. E. G. F. -.. --. -4. a body that is appointed to make a 7udgement or in,uiry a country9s body of 7udges an act or acts passed by a law%making body behaviour recogni0ed by a community as binding or enforceable by authority legal proceedings on official body that has authority to try criminals, resolve disputes, or make other legal decisions an organi0ation responsible for enforcing the laws, especially the police a senior official in a court of law the body or system of rules recogni0ed by a community that are enforceable by established process the control resulting from following a community9s system of rules members of the legal profession to rule a society and control the behaviour of its members

II/ Fi## in t!e )#an?s usin. t!e #e.a# conce,ts )e#o$: Aut!orit'E courtE .o1ernE +u-.eE #a$ en*orce%ent a.enc'E #a$'ersE #e.a# actionE #e.a# s'ste%E #e.is#ationE ru#eE tri)una#E t!e +u-iciar' #hy do we have laws and QQQQQQQQ 8 $t one level, laws can be seen as a type of QQQQQQ which is meant to QQQQQ behaviour between people. #e can find these rules in nearly all social organi0ations, such as families and sports clubs. ?aw, the body of official rules and regulations, generally found in constitutions and QQQQQQQ , is used to govern a society and to control the behaviour of its members. In modern societies, a body with QQQQQQ , such as a QQQQQQQQ or the legislature, makes the law= and a QQQQQQQQ , such as the police, makes sure it is observed. In addition to enforcement, a body of e&pert QQQQQQQQ is needed to apply the law. This is the role of QQQQQQQQ , the body of QQQQQQQQQ in a particular country. 'f course, legal systems vary between countries, as well as the basis for bringing a case before a court or QQQQQQQQQ . 'ne thing, however, seems to be true all over the world I starting a QQQQQQQ is both e&pensive and time%consuming. III/ Matc! t!e #e.a# ter%s B5-5DC )e#o$ $it! t!eir correct -e*initions BA-9C -. intestate succession = 4. fine = D.the $ssi0es = J. Tenants in +hief = 5. tenure of land = /. forfeiture = E. an itinerant court = G. first instance 7urisdiction = F. e,uity = -.. stare decisis $. the principles of binding precedent= . ownership of property= +. a court that moves from town to town= 2. loss of property or of a right as a result of an offence= E. the law concerning the transmission of a dead person9s estate to the beneficiaries when there is no will= 3. !orman noblemen given their land directly by the King= G. the power of a court to hear and 7udge a new case= B. a system of law complementary to common law= I. a sum of money that an offender must pay when ordered to do so by a legal authority as punishment for the offence= 1. sittings of court presided over by 7udges who would travel around the country. IF/ "e*ine t!e *o##o$in. #e.a# conce,ts: -. an in7unction= 4. the Hfountain of 7ustice9= D. case law = J. the +ourt of +hancery = 5.redress

F/ Co%,#ete t!e -e*initions )e#o$: -. QQQQQQQQQQQQQQQQQQQ is law relating to acts committed against the law which are punished by the state. 4. QQQQQQQQQQQQQQQQQQQ is concerned with the constitution or government of the state, or the relationship between state and citi0ens.

D. QQQQQQQQQQQQQQQQQQQ is concerned with the rights and duties of individuals, organi0ations, and associations ;such as companies, trade unions, charities<, as opposed to criminal law. J. QQQQQQQQQQQQQQQQQ is rules which determine how a case is administered by the courts. 5. QQQQQQQQQQQQQQQQQ is common law and statute law used by the courts in making decisions. /. QQQQQQQQQQQQQQQQQ is the body which has the function of making law. E. QQQQQQQQQQQQQQQQQ means legislation which begins life as drafts called ills. G. QQQQQQQQQQQQQQQQQ is the right to check the legality and constitutionality of secondary legislation. F. QQQQQQQQQQQQQQQQQ means that the three branches of government have different responsibilities. -.. QQQQQQQQQQQQQQQQQ is the $merican minister of 7ustice. FI/ Fin- t!e 1er)s t!at )est co%,#ete t!e co##ocations )e#o$: -. QQQQQQQ $cts of *arliament= 4. QQQQQQQQQ into a law ;U"<= D. QQQQQQnew statutes= J. QQQQQQQQQ e&isting legislation= 5. QQQQQQQQQQQ obsolete law= /. QQQQQQQ the *resident9s veto= E. QQQQQQQQ the >oyal $ssent to turn a bill into a legal enactment= G. QQQQQQ a bill on the floor of a *arliament +hamber = F.QQQQQQQ powers to a lower body= -.. QQQQQQQQ the *resident9s appropriations of money. FII/ Fi## in t!e )#an?s in text )e##o$ usin. t!e $or-s4,!rases in t!e #ist: Pri1ate Me%)ers :i##sE )eco%e #a$E su)%it toE intro-uceE re-,resentE -ra*tin. o* t!e #e.is#ationE rea-in.E un-erta?eE -e)ateE a,,ro1eE .o1ern%ent :i##sE ens!rine t!e ,rinci,#eE Pri1ate ActsE scrutinise t!e ,ro1isionsE Pu)#ic ActsE ,ro,ose/ $ll $cts must be QQQQQQQQ both Bouses of *arliament in the draft form of a ill. The legislative process involves three QQQQQQQQ in both Bouses. $t the first reading, the title is read to the @*s= at the second reading, @*s QQQQQ the proposals. Then a standing committee will QQQQQQQQQQQ in the ill and may amend it to ensure that it QQQQQQQQQQQQQ debated and QQQQQQQQQQQ at the second reading. This is reported back to the @*s. $t the third reading, the ill is QQQQQQQQQ . The ill then goes through readings in the other house. The actual QQQQQQQQQ is QQQQQQQQQQ by *arliamentary +ounsel. 3inally, a ill must receive >oyal $ssent from the monarch before it QQQQQQQQQQQ on a specified date. In fact, this stage has been reduced to a formal reading of the short title of an $ct in both Bouses of parliament and is now a formality. QQQQQQQQQ are QQQQQQQQQQ by the Government= QQQQQQQQQQQQ are QQQQQQQQQ by @*s. oth methods may result in QQQQQQQQQ that govern the general public. QQQQQQQQ affect particular individuals or institutions. FIII/ Fi## in t!e )#an?s in text )e##o$ usin. t!e $or-s4,!rases in t!e #ist: Uni*or% #a$sE *e-era#E .o1ernorE Con.ressE ,re-e%,tE stateE +uris-ictionE 1oi-E co-i*'E #e.is#aturesE t!ro$ outE statutesE *e-era# #e.is#ati1e )o-'E co%,etence/ In the U"$, legislation takes place at two levels: the QQQQQQ and the QQQQQQQQ . 3ederal legislation is superior to state legislation in its areas of QQQQQQQQQ . It is said to QQQQQQ state legislation where there is a conflict. $ny state legislation which conflicts with the federal laws is QQQQQQ . It should also be noted that the U" "upreme +ourt has the power to QQQQQQQ any legislation not in keeping with the U" +onstitution. The QQQQQQQQQQQQ is the QQQQQQQQQ, consisting of the Bouse of >epresentatives and the "enate. "tate, headed by a QQQQQQQ, have their own QQQQQQQQ ;consisting of two house, e&cept in !ebraska<. "tates have QQQQQQQQQQQ over all matters not reserved to the federal competence. In the U"$, each state has its own set of QQQQQQ and most 7urisdictions have now QQQQQQQQ a substantial part of their laws. QQQQQQQQ are also important. $s each state has its own law, the idea behind the development of uniform laws was to cut down the differences in law between the various states of $merica. The most successful uniform law is the Uniform +ommercial +ode ;U++<. IG/ Gi1e t!e Ro%anian e&ui1a#ent o* t!e *o##o$in. En.#is! #e.a# ter%s: a..rie1e-4,re+u-ice- ,art'E -ecree o* s,eci*ic ,er*or%anceE -is,uteE to enactE to en*orce t!e #a$E to i%,eac! t!e ,resi-entE +u-icia# in-e,en-enceE nonsuitE to ,re1ai#E tortE to 1est inE -e#e.ate#e.is#ation/ G/ Gi1e t!e En.#is! e&ui1a#ent o* t!e *o##o$in. # Ro%anian #e.a# ter%s: a *ace -re,tateE +uris,ru-entaE ,roiect -e #e.e *inanciaraE a nu%i ,e cine1a in *unctieE a ,ro,une ,e cine1a ,entru o *unctieE !otarare +u-ecatoreascaE ec!i#i)ru# ,uteri#or BUSCE -re,t %ateria#E ,ro*esii #i)era#eE ,roiect -e #e.eE #e.e 1otata -e ,ar#a%entE ,rece-ent cu *orta +uri-ica o)#i.atorie/

GI/ Trans#ate into Ro%anian A/ Po#iticians on tria# in France/ Li)ert' e&ua#it'Hnot i%,unit'/ 9ac&ues C!irac a *or%er ,resi-ent o* France *aces tria# *or corru,tion $ 2E+I"I'! by an investigating 7udge to send 1ac,ues +hirac, a former president, to stand trial in a court is without precedent in modern 3rench history. @r +hirac is accused of (misappropriation of public funds) during his time as mayor of *aris. The decision comes in a month in which the entrails of 3rance9s one%time ruling elite have been spilling out. $ former interior minister, +harles *as,ua, was this week sentenced to a year in prison ;and a suspended sentence of two years< for involvement in arms trafficking to $ngola. $ former prime minister, 2omini,ue de Nillepin, has also been tried in connection with a smear campaign and is awaiting a verdict. The case against @r +hirac concerns 4- (fake 7obs) that were allegedly created for friends at the *aris town hall, where he held office between -FEE and -FF5. $s long as he was president, from -FF5 to 4..E, @r +hirac was immune from prosecution, and his lawyer has argued that he remains so for acts carried out during his time in office. This has frustrated various investigating 7udges over the years, who have compiled numerous dossiers concerning @r +hirac, all of which have been dropped, in some cases because the statute of limitations had e&pired. @any observers e&pected the same to happen with the last remaining case, especially after the public prosecutor, himself appointed by @r +hirac, 7udged that there was not enough evidence to take it to court. 6et in a bold move OaviRre "imeoni, the investigating 7udge leading the case against the e&%president, decided otherwise. It remains uncertain whether the case will reach court. The prosecutor may appeal against the decision, which would delay any proceedings. @r +hiracLs office said that he was (serene) about the matter, and confident that he could demonstrate that the 7obs were real. ut if found guilty @r +hirac could face ten years in prison. It is the first time under 3ranceLs fifth republic that a former head of state has been ordered to stand trial.The decision comes at the end of a highly charged month which has cast light on all manner of murky dealings at the heart of the 3rench elite, many of them during @r +hiracLs presidency. The 7udgment this week in the arms%trafficking case to $ngola concerned the supply, in contravention of a United !ations arms embargo, of landmines, shells, tanks, helicopters and naval vessels to the $ngolan government between -FFD and -FFG, during its civil war. @r *as,ua, who has appealed against his conviction, was @r +hiracLs interior minister. $mong the do0ens of other defendants, 1ean%+hristophe @itterrand, son of the "ocialist former president and his father9s $frica adviser at the time, was fined for embe00lement and given a two%year suspended prison sentence. *ierre 3alcone, a 3rench arms dealer, and $rkady Gaydamak, an Israeli%>ussian businessman, were each sentenced to si& years imprisonment.The 3rench political class has also been gripped this month by a trial over the (+learstream) smear%campaign. @r de Nillepin, who was prime minister under @r +hirac, has been accused of helping to spread a fake list of names linking !icolas "arko0y, then a fellow government minister and fierce rival, and other politicians to false bank accounts supposedly containing kickbacks from arms deals. *rosecutors have asked for an -G%month suspended sentence against @r de Nillepin for complicity in slander, and 7ail terms for two others. @r de Nillepin has denied all the charges. The verdict is due in 1anuary.The conse,uences of all this for *resident "arko0y are likely to be limited. Be served in government under @r +hirac, and is from the same political family, but was also his fierce rival and campaigned for office against @r +hiracLs record. @r "arko0y is unconnected to the $ngola trial and he is a civil plaintiff in the +learstream case. "till, the conviction of @r *as,ua does raise ,uestions about the political milieu in which he made his name. @r *as,ua was head of the Bauts%de%"eine council, the department that includes the posh suburb of !euilly, where @r "arko0y was first elected mayor, and became his political godfather. The ($ngolagate) trial has strained relations between 3rance and the oil% rich former *ortuguese colony. In @ay last year @r "arko0y made a one%day trip there to try to smooth relations. In many ways, this series of trials gives 3rance a dismal image. $ class of politicians seems to have been up to no good for a long period of time, and to have assumed that the timorous 3rench 7ustice system would never act. This monthLs events, however, have suggested e&actly the opposite: that forthright investigating 7udges can still hold politicians to account.

:/ T!e *ruits o* o**ice/ T!e .o1ern%ent -ra*ts ne$ #a$s to constrain t!e %a.istrac' "I?NI' E>?U"+'!I is a man of perseverance. Two months after winning the Italian election, he is starting to deal with the 7udicial system, and those working in it, as robustly as when he was last in power, in 4..-%./. 2uring the campaign he said prosecutors should undergo checks on their mental health. !ow more attacks on the magistracy and bespoke laws to protect himself and his business interests seem to be priorities once again. 'n 1une -Eth >enato "chifani, speaker of the "enate, read a letter from @r erlusconi backing an amendment proposed by two senators that would stop for a year all trials for crimes committed before 1une 4..4, e&cept for those the government deems most serious. "ome critics say this is unconstitutional, as it interferes with the re,uirement that trials should be of reasonable duration and that due legal process must be observed. @r erlusconi is on trial in @ilan accused of 7udicial corruption, along with a ritish lawyer who helped to establish a secret offshore network of companies for @r erlusconiLs business empire. !ow nearing its end, this trial would be among those to be halted. The amendment was passed by the "enate on 1une -Gth. In his letter, @r erlusconi claimed that many cases have been brought against him by e&treme left%wing magistrates for political ends. Be has also told @r "chifani that he wants legislation to suspend trials involving the holders of ItalyLs highest offices of state. @r "chifani was behind a similar law in 4..D that was later ruled unconstitutional. @r erlusconiLs intrusions into the criminal%7ustice system are also hitting the use of intercepts in investigations. 'n 1une -Dth the government approved a bill to limit what magistrates can do and the media may report. +ases for which eavesdropping would be banned include fraudulent bankruptcy, market abuse and insider trading. The government claims that cases involving organised crime and terrorism will not be affected. ut $rmando "pataro, a prosecutor in @ilan, says limits on the use of interception devices could hinder investigations into terrorism. $nd 3ranco >oberti, an anti%@afia magistrate in !aples, notes that many investigations into organised crime begin with ordinary crimes such as e&tortion, loan%sharking and contraband, for which listening%in will be forbidden. The bill would also gag the magistracy and the press, threatening imprisonment to prosecutors who talk about cases and 7ournalists whose articles use information gleaned from investigations. $ new plan to get thousands of soldiers to act as policemen in such cities as ologna, Trieste and Nenice appears to be a smokescreen for the governmentLs real approach to crime: hard on some offences, but soft on others. ehind the smokescreen, @r erlusconi is gathering the fruits of office again.

GII/ Trans#ate into En.#is!: A/ 5/ ?egile scrise repre0inta legislatia adoptata de parlament si promulgata de suveran. 4. *rincipiile common law pot fi amendate sau abolite printr%o lege adoptata de parlament. D. *uterea legislativa nelimitat a parlamentuluik este un principiu fundamental al dreptului constitutional britanic. J. +a urmare a dotrinei suveranitatii parlamentului, in ca0ul unui conflict de drept, dreptul scris prevalea0a ata fata de common law cat si fata de e,uity. 5. E,uity a atenuat rigiditatea specifica pentru common law si a facut astfel incat hotararile 7ustitiei sa nu fie nici nedrepte si nici contrare constiintei morale. /. In "U$, +ongresul isi e&ercita controlul asupra presedintelui prin supravegherea legilor de natura financiara, prin faptul ca ii poate rasturna dreptul de veto si prin aceea ca il poate pune sub acu0atie si demite. E. Interventiile unei dintre puterile statului in hotararile celorlalte doua sunt cunoscute sub numele de (echilibrul puterilor). G. +ongresul are puterea de a da ata legi penale cat si legi civile ;"U$<. F. *resedintele si guvernul sau veghea0a la aplicarea legilor;"U$<. -.. +urtea "uprema americana stabileste constitutionalitatea legilor scrise si a legislatiei secundare, adica are dreptul de a anali0a legislatia din punct de vedere al legalitatii si constitutioanlitatii. --. Guvernul federal american controlea0a relatiile e&terne ca si problemele de interes general national. -4. ?egislatia celor 5. de state se ocupa de dreptul familiei, al proprietatii private, de infiintarea de firme, de organi0area si practicarea profesiilor liberale ca si de mentinerea sigurantei publice si a normelor de moralitate publica. -D. *rincipalele trasaturi ale sistemului 7uridic american sunt continuitatea, fle&ibilitatea, verificarea constitutionalitatii ca si independenta puterii 7udecatoresti. -J. +onstitutiile celor 5. de state ca si hotararile date de curtile de 7ustitie statale au uhn impact la nivel federal. -5. 3aptul ca legile votate de statele americane ca si hotararile 7udecatoresti atat la nivel statal cat si la nivel federal sunt atat de diferite a dat nastere nevoii de uniformi0are.

:/ Prostituata cu%,arata -e +urna#istii -e #a I"ai#' Mai#J tri%isa in +u-ecata @onica Ghinga, in vSrsta de 45 de ani, din Iasi, este prostituata de aproape noua ani. In noiembrie 4..E, doi 7urnalisti britanici au venit Tn >omSnia si s%au dat drept proprietarii unei case de toleranta din ?ondra pentru a testa cSt de usor se poate cumpara o prostituata romSnca minora. $cestia au abordat%o pe @onica Ghinga, care iesise (la agatat) in apropierea unei ben0inarii din Iasi. +u gSndul la bani, fata a mintit in privinta vSrstei, spunSnd ca are doar -J ani si ca accepta propunerea de a intretine relatii se&uale contra sumei de G.. de euro. +ei doi britanici au fost de acord. 2upa ce a lasat banii la colege, o practica intSlnita in rUndul prostituatelor fara pro&enet, tSnara a urcat in ta&i cu cei doi, cre0Snd ca va merge la un hotel. @asina a mers insa intr%o alta directie. (2upa blocarea portierelor, am reali0at ca ceva nu este in ordine si atunci am sunat%o pe colega mea, spunSndu%i ca am probleme, dar unul dintre barbati mi%a luat telefonul mobil si l%a inchis), a povestit @onica in fata politistilor. 3ara acordul sau, tSnara a fost dusa intr%un centru pentru ocrotire a victimelor din *itesti si internata sub o alta identitate. @onica a stat aici aproape trei saptamSni, timp in care a incercat sa fuga pe geamul de la bucatarie si sa se automutile0e cu o lama. ?a sfSrsitul lunii noiembrie, aceasta a reusit sa se reintoarca la Iasi. Intre timp, cei doi 7urnalisti s%au intors in @area ritanie. $rticolul intitulat (Un adevar socant despre traficul de fiinte umane: o fata de -J ani lucrea0a ca si sclava se&uala), purtSnd semnatura 7urnalistului de investigatie +hris >ogers, facea deschiderea editiei 0iarului 2aily @ail din data de 45 ianuarie 4..G. In acest articol, 0iaristul britanic povestea cum, la inceputul lunii noiembrie 4..E, a reusit sa cumpere o minora in vSrsta de -J ani din Iasi, @onica Ghinga, pentru suma de G.. de euro. *otrivit acestuia, negocierea pentru cumpararea fetei s%a facut cu trei persoane, intr%o ben0inarie din Iasi. 2upa achitarea sumei, >ogers sustine ca a plecat cu fata intr%un ta&i, devenind noul ei (stapSn). *olitia a anchetat evenimentul si nu s%a luat nici o masura pentru ca fata nu a depus plSngere ca a fost rapita. *otrivit politistilor ieseni, fata nu a acceptat neaparat sa mearga cu cei doi pentru prostitutie, ci ca sa ii insele. Impreuna cu o alta prietena, a vrut sa Vii tepuiascaW). ?inistita, @onica a revenit la vechiul 7ob, desi a fost condamnata la trei luni de inchisoare in 4..-, iar in anii care au urmat a fost de mai multe ori amendata pentru ca acosta barbati si le propunea se& contra cost. Teancul de amen0i neachitate, dar si dosarul gros de la politie au fost anali0ate de procurorii care au trimis%o in 7udecata, sub acu0atia de prostitutie, urmSnd a fi 7udecata in stare de libertate.