Colocviu

Farcaș Antonia-Niculina
Drept anul I
Grupa a II-a

Course no.1
• 1. What are some of the legal professions?
Some of the legal professions are:judge, lawyer, jurist, paralegal.
• 2. Which legal job would you prefer and why?
I would like to be a criminal prosecutor because I want to do something
important, something that matters to people and society. I want to impact
people’s lives in a positive way.
EXERCICES
1.
• Plaintiff-files a complaint
• Deffendant- is acused of a crime
• Attorney-speaks on behalf of his client
• Paralegal-a person with legal training which may assist the attorney
• The judge-resolves a complaint
•

2. A. The methods of interpreting laws and putting them into effect.-2 legal
system
B. A legal conclusion-1 verdict
C. A written document that states the reason for legal action-4 complaint
D. The place where people go to conduct legal business-3 court
E. A person who accuses another person of a wrongdoing-6 plaintiff
F. An attorney’s assistant with specialized legal training-5 paralegal
G. Occuring between citizens-7 civil

3. 1. Juriul urmeaza sa dea verdictul cu privire la plangerea reclamantului The

jury is going to give the verdict regarding the complaint of the plaintiff.
2. Avocatul paratului a vorbit in numele acestuia.
The defendant’s lawyer spoke on his behalf.
3. Judecatorul va solutiona plangerea doar daca vor fi suficiente argumente.
The judge will resolve the complaint only if there will be enough arguments.
4. El a depus o plangere si asteapta decizia instantei.
He filed a complaint and is waiting for the court’s decision.
5. Sistemul de drept american este de origine anglo-saxona.
The American legal system is of Anglo-Saxon origin.

The parties involved in the lawsuit are:those that are doing the
suing(plaintiffs);those that are being sued(defendants).
Course no.2
• 1. Why do people decide to take legal action?
People decide to take legal action in order to secure justice for themselves.
• 2. What do people need in order to start a case?
In order to start a case people need a reason to go to court. It means that if
someone does a legal wrong to you, you have the right to fill a complaint asking
the court to solve your case.
EXERCISES

1. Read the brochure and mark the following statements as True (T) or False
(F):
• 1. Buttler and Evans Associates helps people who have been hurt_ True
• 2. The firm’s clients are responsible for bringing proof to the
attorneys. _False
 • 3. The firm does not charge clients whose cases are not won. True

2. Fill in the blanks with the correct words and phrases from the word bank.

• 1. Hopefully, Mr. Wilton will be able to_settle___this problem

without going to court.
• 2. Mrs. Jason decided to_appeal______after the judge ruled against her.
• 3. In this ____trial_____the defendant is accused of stealing from a bank.
• 4. Ms. Britt wants to take__legal action___against her employer for
not giving her a promotion.
• 5. Attorneys don’t win cases when there is not enough __proof___to
support their arguments.

3. Choose the word that is closest in meaning to the part between brackets (10
min.):
1. Jane received money as compensation for her accident.
a) Proof
b) Damages
c) Due process
2. The law firm helps people involved in an argument or conflict with their
neighbours.
a) A dispute
b) A lawsuit

c) A trial
3. Ms. Harris wants to start the process of legal action.
a) appeal
b) Initiate
c) Settle
4. Everyone in the country has the rights to receive justice according to
established rules.
a) Due process
b) Appeal
c) Damages
5. Mr. Stan initiated a legal course of action against his neighbour because her
dog barks too much.
a) Appeal
b) Lawsuit
c) Dispute

4. Read the following transcript of a conversation between a lawyer and a client

and choose the correct answers for the following questions:

Lawyer: Hello, Mr. Williams. I received an offer from Ms. Johnson’s lawyer.
She is ready to end this dispute.
Client: Really? What do we need to do?
Lawyer: Well, she’s not dropping the charges unless you agree to settle.
Client: What is she asking for?
Lawyer: She wants you to pay for all of the damages to her car.
Client: But I did not wreck her car! Someone else ran into it.
Lawyer: I know. But since you have no proof I suggest you settle.
Client: I don’t like it. But I guess you’re right.

Now, choose the correct answers:

1.What is the conversation mostly about?
a. An offer to settle
b. An evidence in a trial
 c. The filing of a lawsuit

d. An injury from a car accident

2. What will the client most likely do?

a. Bring in more evidence

b. Refuse the attorney’s offer

c. Pay for half of the damages

d. Drop the lawsuit against the woman.

• 5. Read the following scenarios and decide what is necessary in order to

get compensation.
• A few years ago, a flight I had booked got delayed. Nightmare! I was on
my way to my sister’s wedding, so I had to book an alternative flight to
make sure I got there on time. The airline said that I wasn’t entitled to
compensation because the delay had only been for three hours. I was
furious and decided to make a claim against the airline for the cost of my
original ticket.
• Six months ago, you hired a builder to install a new kitchen in your
house. You paid £3,000 for this service. When the kitchen was
completed, it looked perfect, but you soon began to notice some
problems. One of the pipes leaks water and two of the lights on the
ceiling don’t work! You want to sue the builder for a full refund of your
money.
6. Translate the following sentences into English:
1. Cele doua parti nu au reusit sa solutioneze conflictul.
The two parties failed to solve the dispute.
2. Daca nu aveti dovezi ca ati fost prejudiciat, nu vom putea initia actiune
legala.

If you do not have evidence that you have been harmed, we will not be able
to initiate legal action.
3. Drepturile omului garanteaza dreptul la un proces echitabil.
Human rights guarantee the right to a fair trial.

4. Daca vom pierde procesul, vom putea face apel.

If we lose the case we will be able to appeal.
5. Trebuie sa dovedim neglijenta lui pentru a castiga cazul.
We have to prove his negligence in order to win the case.
Course no.3
1. How are laws created in your country?

Laws are generally initiated by parliamentarians, ministries or other interested

authorities. After the draft is written, the legislative initiative goes through
several stages of approval and consultation with public opinion in order to
then enter the debate in the parliament.
2. What are the main sources of Romanian law?

The main sources of Romanian law are: the Romanian Constitution, legislation
adopted by Parliament (constitutional law, organic law and ordinary law), the
decrees of the President of Romania; legislative acts of the Government (orders,
emergency orders, decisions); legislative acts issued by central government
(Ministerial orders, guidelines and regulations); legislative acts issued by the
local government bodies (the County Council, the Local Council, the Bucharest
Municipality General Council);European Union Law and international treaties
to which Romania is a party.

EXERCISES

1. Read the MEMO and mark the following statements as True (T) or False
(F):

1. Great Cars Incorporated did not obey laws about testing its products__False

2. Car Masters lost a lawsuit because it did not meet state laws.__True

3. The plaintiff cannot sue under a constitutional law for several weeks.___True

3. Translate the following sentences into English:

1. Procedurile judiciare nu permit aducerea de noi probe in aceasta etapa a

procesului.

Judicial procedures do not allow the introduction of new evidence at this stage
of the process.
2. In procesul impotriva acelei mari companii de petrol a fost invocat un
precedent judiciar.

In the process of that big oil company , a judicial precedent was invoked.

3. Politica companiei trebuie sa respecte legile statului unde functioneaza.

The company’s policy must respect the laws of the state where it operates.

4. Judecatorul a respins acest caz deoarece nu au fost aduse dovezi suficiente.

The judge dismissed this case because there was insufficient evidence.

5. Nu puteti sa dati in judecata compania timp de un an de la luarea deciziei.

You cannot sue the company for one year after the decision was made.

Binding precedent is a legal rule or principle, articulated by an appellate court,

that must be followed by lower courts within its jurisdiction.

Course no.4

1. What are some different kinds of courts in your country?

The judiciary of Romania is organized as a hierarchical system of courts, with a
civil law system. The civil courts are organized as follows: High Court of
Cassation and Justice, 14 Courts of Appeal, 41 county courts and the Bucharest
Municipal Court and 188 Local Courts.
2. What types of cases do the different courts hear?

The types of cases which different courts hear in Romania are civil cases,
criminal cases, cases with minors and family, administrative and fiscal litigation
cases, cases regarding labor disputes and social security, companies, the
commercial register, insolvency, unfair competition or for other matters and
maritime and fluvial cases.

EXERCISES

1. Read the text again and mark the following statements as True (T) or False
(F)
1. District courts review decisions that people protest.____True
2. Cases involving state laws are not heard in federal court.__False 3.
The Supreme Court hears all cases that are brought to it.___False
2. Use the words from the word bank to fill in the blanks:
1. The___Supreme___Court is called the High Court in Australia.
2. John decided to go to the Court of Appeals__because he didn’t agree with the
decision.
3. The court will_review_ Mr. Allistaire’s case next month.
4. Mr. Anderson is going to the _bankruptcy_court because he lost a lot of
money but has no way to pay it back.
5. The court has_discretionary_powers, so it may decide not to investigate the
case.
6. Ms. Ming’s case will go to a _specialized__court, not a general court.
3. Translate the following sentences into English:
1. Cazul a fost analizat din nou in cadrul Curtii de Apel Tg. Mures.
The case was reviewed again in the Court of Appeal Targu Mures.
2. Curtea federala nu are jurisdictie in acest caz.
The Federal Court has no jurisdiction in this case.

3. Instantele inferioare dau decizii impotriva carora se pot formula apeluri in

instantele superioare.
The Lower Courts give decisions against which appeals can be made in
the higher courts.
 4. Curtea Suprema a SUA este singura instanta care poate sa aleaga ce
cazuri sa audieze.
The US Supreme’s Court is the only court that can choose which cases to
hear.
5. In SUA exista instante specializate, cum ar fi cea pentru litigii fiscale sau
cea pentru litigii funciare.
In the USA there are specialized courts, such as the one for tax courts or
the one for courts of private land claims.
States may only bring criminal prosecutions in state courts, and the
federal government may only bring criminal prosecutions in federal
court. State courts try cases between citizens of a state, while federal
courts try disputes between states.

Course no. 5
1. What are some things that determine which court hears a certain case?
For a court to hear a particular case, it must have subject matter jurisdiction
over the issue or issues that you are asking the court to decide on. Some courts,
called courts of general jurisdiction, will have subject matter jurisdiction over
many different kinds of cases.
2.Sometimes a case could be heard in more than one type of court. Why do you
think this is?
I think a case could be heard in more than one type of court because of the
different types of jurisidiction.
1. Read the text again and complete the table using the information from it:
1. Personal jurisdiction-authority over a person
2.Territorial jurisdiction-authority over an area
3.Subject jurisdiction-authority over a particular subject
4. Exclusive jurisdiction-only one court is able to decide the issue
5.Concurrent jurisdiction-More than one court can decide the issue
2. Check the sentence that uses the underlined part correctly:
 A. The district court has subject jurisdiction
over ten towns in this area.

A. The manager has authority over all the

workers in his team.
A. Schools, shops and churches are judicial
bodies.
B. The lawyer was happy when the court
ruled in favour of his client.
B. The judge went forum shopping to find a court
to hear his case.
B.Judge Reynold is going to adjudicate the
case.

3. Translate the following sentences into English:

• 1. Judecatoria din orasul nostru nu are competenta sa judece acest caz.
The court in our city doesn’t have the competence to judge this case.

• 2. Daca judecatorul va da o decizie in favoarea reclamantului putem sa

facem apel.
If the judge will give a decision in the favour of the plaintiff, we can appeal.
• 3.Inalta Curte de Casatie si Justitie este un organ judiciar.
The High Court of Cassation and Justice is a judicial body.
• 4. Instantele sunt organizate si in functie de jurisdictia teritoriala.
Courts are also organized according to territorial jurisdiction.
• 5. Deoarece acesta e un caz civil, jurisdictia in functie de domeniul de
drept impune judecarea acestuia in cadrul Sectiei Civile a Tribunalului.
Because this is a civil case, the subject jurisdiction requires it’s trial within
the Civil Section of the Court.
Specific personal jurisdiction -location of incident.
General personal jurisdiction-residence of persons.
 Course no 6
1. Who must be in a courtroom during a trial?
During the trial in a courtroom there must be the judge, a court reporter(in
superior court), a clerk and a bailiff.
2.Do you think it’s fair that jurors (people with no legal training) can decide
the fate of another person?
I think that the jurors deciding the fate of another person it’s not a bad idea. I
feel like sometimes, we should be able to think beyond the law. We should
be able to also follow our hearts, because, in the end, we all are human
beings. Also, several perspectives are better than one.
1. Read the text again and mark the following sentences as true (T) or false
(F):
• 1. A judge asks potential jurors questions to see if they are biased.
_____False
• 2. Jurors’ answers are recorded by an employee of the court.____True
• 3. Every person that reports for jury duty listens to a trial.___False
• 4. Jurors sit in the jury box._____True
2. Match the words (1-6) with the definitions (A-F):

1. clerk of the court 4. prosecution

2. court reporter 5. juror
3. defense 6. Bailiff
• A. the side of a case that attempts to prove innocence-3 defence
• B. the side of a case that attempts to prove guilt-4 prosecution
• C. a person who assists a judge-1 clerk of the court
• D. an officer who keeps order in court-6 bailiff
• E. a person that types everything that is said in the court-2 court reporter
• F. a person who listens to a trial and decides if the defendant is guilty or
not-5 juror
3. Translate the following sentences into English:
 • . Juratii au decis ca inculpatul este vinovat.
The jurors decided that the defendant is guilty.
• 2. Acuzarea a avut suficiente dovezi pentru a dovedi ca el a comis acea
infractiune.
The prosecution had enough evidence to prove that he committed that crime.
• 3. Fiecare persoana are dreptul la un process echitabil.
Each person has the right to a fair trail.
• 4. Grefierul a notat toate detaliile audierii.

The clerk noted down all the details of the hearing.

• 5. Procedurile din instanta nu permit apararii sa intervina in aceasta etapa

a procesului.

Court procedures do not allow the defense to intervene at this stage of the
process.
The judge is an independent, impartial decision-maker in the pursuit of justice.
The judge is the ruler of the courtroom.

Course no 7
1. Do you think people can commit crimes for a good reason?
Yes, I think people can commit crimes for a good reason. The causes of crime
are complex. For example, a man who can’t afford to feed his kids might is
prone to commit theft. Poverty is the reason for which many people commit
crimes and although the method might not be the best according the law, you
can’t tell that they are doing it for pleasure. It’s all about survival.
2. Is incarceration an efficient punishment?
I don’t think so. In prison many criminals learn how to do better. They even get
to make friends and give advices to each other.
1. Complete with the missing information:
Light punishment-A fine – trespassing
Heavy punishment-they go to jail-assault and battery Capital
punishment-the most serious punishment-murder
2. Which response is the correct answer to the question?
1.Did Hannah receive a [fine]?
A. Yes, she has to go to jail for three months.

B. Yes, she has to pay $300.

2. Does the judge agree with [capital punishment]?

A. Yes, he sent the criminal to jail for two years.

B. No, he thinks it’s wrong to kill people who commit crimes.

3. Why did Mr. Thomas [trespass] on Mrs. Kennedy’s property? A. His dog got
loose and ran into her yard.
B. She asked him to help her move some furniture.
4. How do criminals get [punished] for crimes?

A. It depends on what crime they committed.

B. They are arrested by the police.

5. Did the judge put Denise on [probation]?

A. No, Denise was not there when the crime happened.

B. Yes, but next time she gets in trouble she is going to jail.
3. Translate the following sentences into English:
• 1. El a primit pedeapsa cu suspendare si este sub control judiciar.
He received a suspended sentence and is under judicial control.
• 2. Daca vei mai comite o infractiune vei merge la inchisoare.
If you will commit one more crime you will go to jail.
• 3. Ea nu a fost acuzata de incalcarea proprietatii private deoarece
proprietarul i-a cerut sa intre in curte.
She hasn’t been accused of trespassing because the owner asked her to enter the
yard.
• 4. Dreptul penal prevede pedepse pentru toate categoriile de infractiuni.
Criminal law provides punishments for all types of crimes.
• 5. Chiar daca pedeapsa capitala este inca in vigoare in anumite state din
SUA, aceasta se aplica foarte rar.
Even the capital punishment is still in force in some of the USA states, it is
rarely applied.
A civil case is when one person, the plaintiff, brings legal action against another
person who has allegedly wronged them with the intent of collecting damages.
A criminal case is where a government prosecutes someone to prove them guilty
of committing a crime. (a car thief)