Burlacu Roberto – DREPT ID ANUL I

I.

1. Answer the questions:

1. When will a person consult a solicitor?

A person will consult a solicitor when they need assistance with legal matters
such as divorce, disputes with neighbors, starting a business, making a will, or selling a
property.

2. When does a person appeal to the services of a barrister?

A person appeals to the services of a barrister when they have a more serious and
difficult legal problem that needs to be judged in a civil or criminal court.

3. Who are the participants in a criminal court?

The participants in a criminal court include the judge, barristers (representing the
prosecution or defense), the jury, and witnesses.

4. Who may a barrister represent in a court?

A barrister may represent either the prosecution or the defense in a court, depending on
the nature of the case.

5. Who presides over a court in England?

The judge presides over a court in England.

6. What does a jury consist of ?

A jury consists of twelve persons, called jurors.

7. What are the duties of a jury?

The duties of a jury include giving a unanimous verdict of "Guilty" or "Not guilty" in a
criminal court, and in some cases in a civil court.

8. How long is the accused person supposed innocent?

According to English law, a person is considered innocent until their guilt is proven in
a criminal case.

9. What is the role of a witness?

The role of a witness is to provide testimony or proof in court, typically by giving
sworn statements about what they saw.

10. Where is the evidence given?

The evidence is given in court during the proceedings.

11. What is “hearsay” evidence?

"Hearsay" evidence is information that one has heard but does not know to be true.
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12. Is “hearsay” evidence token into consideration in English law courts?

In English law courts, "hearsay" evidence is generally not admissible, meaning it is not
taken into consideration.

13. Who posses the sentence on the accused?

The judge passes the sentence on the accused.

14. What is the role of the Bill of Rights in the US law court?
The Bill of Rights in the US law courts protects the rights of persons accused of crimes.

15. What kind of rights does it refer to?

It refers to rights meant to protect individuals from the arbitrary use of police power.

16. What is the structure of the court system in the US?

The court system in the US consists of the US Supreme Court and over eighteen
thousand other American smaller courts, including Trial courts, Appellate courts, and
District courts.

17. What is the role of the Trial courts?

The Trial courts, or courts of first instance, have the role of handling cases with original
jurisdiction, being the first to hear a case and make decisions.

18. What is the meaning of the “original jurisdiction”?

"Original jurisdiction" refers to the power of being the first court to hear a case.

19. Who takes decisions in a trial court?

In a trial court, decisions are made by a judge or a jury, depending on the preferences of
the parties involved.

20. What is the role of an Appellate court?

An Appellate court reconsiders decisions made by a Trial court upon the defendant's
request, focusing on ensuring there is no error in the interpretation of the law.

21. Why does an Appellate court not use a jury?

An Appellate court does not use a jury because its review is based on legal
considerations rather than factual determinations.

22. What kind of matters do the District courts deal with?

District courts in the US deal with both criminal and civil matters, including diversity
cases involving parties from different states, federal prisoners' cases, and naturalization
of immigrants.

2. Fill in the blanks with the missing words:

Burlacu Roberto – DREPT ID ANUL I

a) Civil cases are brought by a plaintiff against a defendant.

b) The jury consists of twelve people selected at random from the lists.
c) First the council for the prosecution presents the case.
d) Barristers plead his case in court.
e) Under English low, a person is considered innocent until his guilt is proved.
f) According to the court system in the US, each state has a specific court system.
g) The decisions in Trial court are made by a judge or by a jury.
h) The Appellate courts reconsider the decisions made by a Trial court.
i) The District courts deal both with criminal and civil matters.

3. Which of the following sentences are true and which are false? Correct the false ones:

a) Civil cases are brought by a plaintiff against a defendant and the lawyers, who act for
each side, will hire solicitors 10 plead the case in court. TRUE
b) A jury consists of twenty people selected according to a special procedure. FALSE
A jury consists of twelve people, not twenty.
c) The judge may intervene at any point and ask questions to clarify matters. TRUE
d) It is the judge’s duty to conduct the proceedings, interpret the laws and give the verdict
of “Guilty” or “Not Guilty”. FALSE
While the judge conducts the proceedings and interprets the laws, the verdict of "Guilty" or
"Not Guilty" is typically given by the jury in a criminal trial.
e) The witness must not swear on oath on giving evidence before the jury. FALSE
The witness must swear on oath when giving evidence before the jury.
f) The decisions in a Trial court in America are always made by a judge and by a jury.
FALSE
In Trial courts in America, decisions can be made by a judge or a jury, depending on the
case. It is not always both.
g) The role of the Appellate courts is to take evidence, listen to witnesses and review the
written records of the lower courts. FALSE
The role of Appellate courts is to reconsider decisions made by lower courts based on legal
considerations, not to take evidence or listen to witnesses.
h) The Trial courts form the lowest level of the court system in the US. TRUE
Burlacu Roberto – DREPT ID ANUL I

i) The Bill of Rights protects the individuals from the wrong use of police power. TRUE

4. Here are some expressions connected with a law court trial. Put them in the right order:
a) to bring somebody to court
b) to accuse somebody of something
c) to return a verdict
d) to give evidence
e) to pass a sentence
f) to arrest on a charge of
g) to plead guilty
h) to commit a crime
i) to prosecute
j) to win a case
k) to release on bail

Here is the correct order of the expressions connected with a law court trial:
1. h) to commit a crime
2. f) to arrest on a charge of
3. b) to accuse somebody of something
4. i) to prosecute
5. d) to give evidence
6. g) to plead guilty
7. k) to release on bail
8. a) to bring somebody to court
9. e) to pass a sentence
10. c) to return a verdict
11. j) to win a case

5. What do you call a person who:

a) pleads a case in court- BARRISTER
Burlacu Roberto – DREPT ID ANUL I

b) undertakes legal business for ordinary people- SOLICITOR

c) gives evidence in trial- WITNESS
d) is summoned to court to give a verdict in a case- JUROR
e) presides over a magistrates’ court- MAGISTRATE
f) is brought to the court on the initiatives of the parties- DEFENDANT

CAPITOUL II.
1. Answer the questions:

1. What are the solicitors dealing with?

Solicitors deal with giving advice, leading the client's business, and handling specific matters,
often involving the hiring of barristers for specialized advice or representation.
2. Is there any difference between solicitors and barristers?
Yes, there are differences. Solicitors primarily provide advice, manage clients' business, and
handle various legal matters. Barristers, on the other hand, are often specialists who may be hired
by solicitors for specific tasks like providing expert advice or acting as advocates in higher
courts.
3. Which is the historical recognition regarding the two branches of the legal profession?
Historically, solicitors were considered the junior part of the legal profession, but they have
become increasingly dominant over time.
4. Which is the final stage in the solicitor’s education?
The final stage in the solicitor's education is the apprenticeship, where they gain practical skills
necessary for their profession.
5. Name some barrister’s governing bodies.
Barristers are associated with governing bodies such as the Inns of Court (e.g., Inner Temple,
Middle Temple, Lincoln’s Inn, or Gray’s Inn) and the Bar Council.
6. Which are the stages the solicitors and the barristers are supposed to pass through?
Both solicitors and barristers undergo three stages of training: academic, vocational, and
apprenticeship.
7. What do the barristers deal with?
Barristers often work as advocates in courts, provide written opinions on the law, and may spend
their time specializing in various legal areas.
8. When can a barrister consider applying for promotion to Queen’s Counsel?
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After around ten to fifteen years in practice, a successful barrister can consider applying for
promotion to Queen’s Counsel.
9. Can the two legal professions interfere within each other?
Yes, the two legal professions can interfere within each other. For example, solicitors can appear
as advocates in courts, and barristers may focus on written opinions rather than court
appearances.
10. Which are the motives that can lead to a fusion of the branches of the legal profession?
Over the years, there has been debate on the fusion of the two branches of the legal profession.
Motives for fusion could include the elimination of distinctions between roles and tasks within
the legal profession.

2. What part does each of the following take in a trial?

a) The judge
The judge presides over the trial and is responsible for conducting the proceedings. They
interpret laws, point out matters that need clarification, ask questions to parties and witnesses,
examine documents and evidence, present a summary to the jury, and ultimately pass the
sentence.
b) The solicitor
The solicitor provides advice to clients, leads the client's business, and may hire a barrister for
specific legal matters. They handle various tasks, including managing an office, interviewing
clients, writing letters, instructing counsel, and handling money. In a trial, solicitors may also
appear as advocates.
c) The barrister
The barrister is consulted for more serious and difficult legal problems that require judgment in a
civil or criminal court. They represent the client in court, plead for their case, and take part in the
trial as part of the Council for the Prosecution, Council for the Plaintiff, or Council for the
Defence. Barristers may also be hired by solicitors for specialized advice or representation in
higher courts.

3. Which of the following statements are true and which are false? Correct the false ones.

a) The barrister gives advice and has the conduct of the business of the client from day to day.
FALSE
Burlacu Roberto – DREPT ID ANUL I

The barrister is primarily responsible for representing the client in court, pleading their case, and
taking part in the trial. The solicitor gives advice and conducts the client's business.
b) The solicitor has the conduct of the business and he will retain another solicitor to carry out a
specific task in handling the client’s business. TRUE
c) Barristers are increasingly becoming the dominant branch of the profession. FALSE
The text suggests that solicitors are increasingly becoming the dominant branch of the legal
profession, not barristers.
d) There are eight core subjects for the final stage of training of the solicitors. FALSE
There are six core subjects for the final stage of training for solicitors, not eight. The six core
subjects are Constitutional and Administrative Law, Contract, Tort, Criminal Law, Land Law,
and Equity and Trust.
e) In order to become a solicitor it is necessary to become a member of the Inn’s Court. FALSE
In order to become a solicitor, it is not necessary to become a member of the Inn’s Court.
Becoming a member of one of the Inns of Court is a requirement for barristers, not solicitors.
f) After around ten years in practice, successful barristers can consider applying for promotion
the Oueen’s Counsel. TRUE

4. Fill in the blanks with the missing words:

a) The BARRISTER, is currently alone entitled fo act as advocate in the low higher courts.
b) The six core subjects are CONSTITUTIONAL and ADMINISTRATIVE LAW, CONTRACT,
TORT, CRIMINAL LAW, LAND LAW and EQUITY and TRUST.
c) Once admitted, the SOLICITOR is required to maintain a practising certificate.
d) The REQUIREMENTS of the academic stages are common to both branches of the
profession.
e) BARRISTERS are all sole proctitioners.
f) SOLICITORS regularly appear as advocates in the low courts.

CAPITOLUL III.

1. Answer the questions:

1. What does the judge deal with?

Burlacu Roberto – DREPT ID ANUL I

The judge deals with questions of law.

2. What do the jurors deal with?
The jurors deal with questions of fact.
3. Give an example of a question of fact.
An example of a question of fact is whether the defendant was at a particular place at a particular
time.
4. Name a question of low.
A question of law could involve defining the constituent elements of an offense, such as theft.
5. What are the relations between the judge and the jury?
The judge has a passive role and acts as the arbiter of the law, controlling the trial and directing
the jury. The judge provides legal guidance, and the jury deals with factual issues.
6. What happens when the jury cannot agree on the verdict?
If the jury cannot agree on the verdict, a new jury may be called, and the case will be retried. The
old discharged jury is called a "hung" jury.
7. How many jurors are needed to obtain an accepted verdict?
The principle of majority was introduced in 1967, allowing a verdict to be accepted if a majority
of jurors agree. For example, if ten jurors agree on a verdict, it can be accepted, even if the jury
consists of eleven or twelve jurors.
8. When is the trial considered a failure by the trial judge?
The trial is considered a failure by the trial judge if the jury cannot agree, and every effort to
reach a conclusion fails. In such cases, a new jury may be called, and the case will be retried.

2. Which of the following statements are true and which are false? Correct the false ones.

a) The judge deals with questions of fact and the jury deals with questions of law. FALSE
The judge deals with questions of law, and the jury deals with questions of fact.
b) The judge is the arbiter of the law. TRUE
c) The judge cannot ever exclude the jury. FALSE
The judge may exclude the jury in certain situations, especially if there are points of law
involving admissibility of evidence that are easy to decide without much argument.
d) The judge is required to direct the jury to return a verdict of "nof guilty" if during a trial a
conviction cannot be sustained in a case. TRUE
e) Once the jury is refired, the judge delivers the sentence. FALSE
Burlacu Roberto – DREPT ID ANUL I

Once the jury is retired, it deliberates to reach a verdict. The judge delivers the sentence after the
verdict is reached.
f) Acquittal by a jury is sacred. The Courf of Appeal can reopen or reconsider the jury's decision.
FALSE
Acquittal by a jury is not sacred. The Court of Appeal can reopen or reconsider the jury's
decision if there was a mistake in the use of the right procedure, indicating that the judge failed
to conduct the trial correctly.

3. Fill in the blanks with the missing words:

a) When the defendant committed a public offence under the effects of medication, the jury will
be called upon to ELUCIDATE the facts.
b) At all stages, the role of the JUDGE is passive.
c) The JUDGE has the last word before the JURY retires to consider a verdict when he sums up
the case for the jury.
d) The verdict is called PERVERSE when the jury ignores the judge's explanation of the law.
e) JURORS must debate in secret their deliberations about whom they believe and disbelieve.

CAPITOLUL IV.
1. Answer the questions:

1.What did Strabon and lordanes say about the Geto-Dacians; laws?
Strabo and Iordanes stated that the laws of the Geto-Dacians were adopted during the rule of
Burebista, who claimed that the laws he imposed were inspired by gods.
2.What was property in Dacia like?
In Dacia, with the expansion of the slave-owning system, differences in wealth reinforced the
great private estates. There were significant landholders in Dacia who utilized slave labor. In
addition to private property, there existed collective property of the territorial community.
3.What is the information recorded by Horatio regarding the Geto-Dacians?
Information recorded by Horatio indicates that the Geto-Dacians were skilled tillers, meaning
they were proficient farmers.
4.What do we know about the family organization at that time?
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Regarding family organization, information recorded by Herodotus, Ovid, and Horatio suggests
that they practiced monogamy. The future husband had to buy his bride from her parents, and the
future wife had to bring a dowry consisting of money or goods to her new house.
5.What do we know about the criminal law?
In criminal law, the main provisions focused on the defense of the state and private property.
While the state was generally responsible for justice, they still applied the blood revenge system.
6.Who was in charge with the organization and the trials?
The Dacian State, as recorded by Iordanes, was concerned with the organization of the legal
system. King Comosycus took care of the organization and conduct of trials, simultaneously
holding the role of the high priest.
7.Did the Geto-Dacians use any norms of international law?
Yes, the Geto-Dacians employed norms of international law in their diplomatic activities. Priests
used a specific ritual in the conclusion of treaties.

2. Translate into English:

a ) În epoca sclavagistă exista o accentuată inegalitate intre femei şi bărbaţi.

In the slave-owning era, there was a pronounced inequality between women and men.
b) Respectarea legilor statului asigura libertatea indivizilor.
Observing the laws of the state ensures the freedom of individuals.
c) Dezinformarea completului de judecată atrage după sine penalizarea celui in cauză.
Misleading the court leads to the penalization of the person in question.
d) Unii oameni cred că au numai drepturi în societate.
Some people believe they have only rights in society.
e) În ţara noastră nu este acceptată bigamia.
Bigamy is not accepted in our country.
f) Fiind adaptabil, omul a reuşit să reziste transformărilor naturale de-a lungul timpului.
Being adaptable, humans have managed to withstand natural transformations over time.

3. Some of the following sentences are true and some are false. Correct the false ones:
Burlacu Roberto – DREPT ID ANUL I

1) Iordanes was a Greek historian and geographer. FALSE

Iordanes was a historian of the Goths, not a Greek historian and geographer.
b) Burebista used the fear of gods in order fo impose the obedience of the law. TRUE
e) In Dacia there were slaves who worked on the private properties as well as on the collective
ones. TRUE
d) Dacians were polygamous. FALSE
Dacians were monogamous.
e) Geto-Dacians used the coin and made trade. TRUE
f) They still applied the blood revenge. TRUE

4. Explain the following terms:

generation- This term refers to a group of individuals who are born and living at about the same
time. It can also denote the average time it takes for children to replace their parents in a
population, typically reckoned at around 30 years as a time measure.
Community-A community is a group of people living in the same locality or sharing a common
characteristic, such as a religion or profession. It can also refer to joint ownership or fellowship
among individuals.
Adultery- Adultery is the voluntary sexual intercourse of a married person with someone of the
opposite sex, other than their spouse. It is considered a breach of marital fidelity.
Trade- Trade involves the exchange of commodities for money or other goods. It encompasses
commercial activities, including the exportation or importation of goods between countries or the
exchange of commodities within a nation.

6. Use the antonyms of the following words in sentences of your own:

Resemblance- The antonym is "difference."

Sentence: The twins had a striking resemblance, but upon closer inspection, their
differences in personality became evident.
Any-The antonym is "none."
Sentence: I don't have any apples left; unfortunately, there are none in the fruit basket.
Collective- The antonym is "private" or "individual."
Burlacu Roberto – DREPT ID ANUL I

Sentence: While some prefer individual study sessions, others find collective
brainstorming sessions more effective.
to strengthen- The antonym is "to weaken."
Sentence: Exercising regularly can strengthen your muscles, while a sedentary lifestyle
can weaken them.
Polygamy-The antonym is "monogamy."
Sentence: In many cultures, monogamy is the prevailing marital practice, where
individuals choose to have only one spouse at a time.

4. What do you call a person who:

a) Deals with questions of law- JUDGE

b) Deals with questions of fact- JURY
c) Is the arbiter of the la- JUDGE
d) Is the arbiter of the fact- JURY

CAPITOLUL V.
1. Answer the questions:

1. Is there any difference between civil and criminal proceedings?

Yes, there is a difference between civil and criminal proceedings. They involve different courts
and procedures, and some judges may work in both civil and criminal courts.
2. Which are the aims of the civil law and civil proceedings?
The aims of civil law and civil proceedings are to determine the rights and obligations of
individuals, both in their relations with others and in matters of private nature. These may
include establishing rights arising from a contract, property and succession rights, obligations to
pay damages for civil wrongs such as negligence, nuisance, or defamation, and questions of
status like divorce, adoption, and child custody. Additionally, there are public law aspects, such
as taxation or planning and compulsory purchase.
3. Who is the person who begins the proceedings and what does he do?
The person initiating the proceedings is the plaintiff. They bring an action against a defendant,
seeking a remedy, usually in the form of damages (monetary compensation) and possibly an
injunction (an order prohibiting the defendant from committing a wrongful act).
4. Which is the schedule of a civil proceeding?
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In most civil proceedings, cases are heard by a judge sitting alone. Defamation cases, which are
very rare, may involve a jury in civil proceedings. The judge delivers a judgment after hearing
the action.
5. What about divorce?
In divorce proceedings, the petitioner (seeking marriage dissolution) applies for a decree against
the respondent. If it is certain that the marriage has irretrievably broken down due to the
respondent's adultery, the person with whom the respondent allegedly committed adultery
usually joins the proceedings, known as the co-respondent.
6. What does the burden of proof imply?
The burden of proof in civil proceedings implies that the plaintiff has the responsibility to prove
the facts on which their claim is based. It means presenting evidence that satisfies the judge on
the balance of probabilities, showing that their assertions are more likely true than not. The
burden of proof is on the party bringing the case, not the defendant.

2. Complete the blank spaces with the missing words:

a) Different COURTS and PROCEDURES are used for civil and criminal proceedings.
b) Civil law and proceedings aim to determine the RIGHTS and OBLIGATIONS of individuals
as well as between each other.
c) Questions of taxation or questions concerning planning or compulsory purchase
are rights that belong to PUBLIC low.
d) Most civil proceedings are heard by a JUDGE sitting alone.
e) In civil proceedings, the plaintiff usually has the BURDEN of proof.

3. What do you mean by:

-proceeding- A legal action or process; any step or series of steps in a legal action.
-procedure- The established or official way of doing something, especially within a legal or
formal context. It involves the steps or methods followed in conducting legal actions.
-case- In a legal context, a case refers to a legal action or suit brought before a court. It involves a
set of facts or conditions that require a legal resolution.
-burden of proof- The obligation to present evidence in support of a fact or issue in a legal
proceeding. It typically rests on the party making an assertion or a claim.
Burlacu Roberto – DREPT ID ANUL I

-litigation- The process of taking legal action, especially through the court system. It involves the
resolution of disputes between parties through legal proceedings.

4. Which of the following statements are false and which are true? Correct the false ones:

a) The distinction between civil and criminal proceedings is of no importance in understanding

English legal system. FALSE
The distinction between civil and criminal proceedings is crucial in understanding the English
legal system.
b) The questions of taxation are of private law nature. FALSE
Questions of taxation are typically of public law nature.
c) In most criminal proceedings the person beginning the proceedings is the plaintiff. FALSE
In most criminal proceedings, the person initiating the case is the prosecutor, not the plaintiff.
d) Most civil proceedings are heard by a jury of 12 persons. FALSE
Most civil proceedings are heard by a judge sitting alone, not a jury of 12 persons.
e) The plaintiff must satisfy the judge through admissible evidence, which is nof as reliable as his
statements that he pretends to be true.FALSE
The plaintiff must satisfy the judge through admissible evidence, which is considered more
reliable than mere statements.