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CHEIE SEMINAR V MASTERAT LMA I.

Fill in the blanks in the text below using the terms in the list: In private law, individuals bring claims against other individuals. Private law is also referred to as civil law because it is the law used by citizens if they believe that their legal rights have been abused by other citizens. The law of tort is a major part of private law. Today the most important tort of all is the tort of negligence, where the negligence of the defendant has led to the plaintiff suffering harm. The defendants careless behaviour could cause the plaintiff to suffer physical injury, mental injury or financial loss. It is because the law of negligence is so important for all those involved in the practice of law that this particular tort is the main subject of this chapter of law. II. Look at the list of legal terms below. Match each of these terms with its definition.
1. J; 2.C ; 3. E; 4. F; 5. I ; 6.G ; 7.H ; 8.D ; 9. A ; 10. B ;

III. Look at the sentences below and choose the alternative which best fills the blank spaces: 1. A 2; B 3; C 1; D 2; E 1; F 3 ; G 1; 2. A 2; B 3; C 1; D 1; E 1; 3. A 2; B 3; C 4 ; 4. A 3; B 3; C 4 IV. Supply the correct adjective derived from the nous below. Provide their Romanian equivalents. Use them in sentences of your own. Slanderous; defamatory; libellous; liable; injured / injurious V. Fill the blanks in the text below using the terms in the list:
Our law firm specializes in clinical negligence, so plaintiffs instruct us, that is to say individuals come to us to get an idea whether they have a potential claim and what the process will involve. Depending on that advice, they may then instruct us to pursue the claim on their behalf. The likely amount of the damages has to be enough to cover the cost of investigating the claim. We are always careful to give clients a fee estimate at the outset. Initially this will just be the cost of exploring the claim. It will involve obtaining the medical records of our clients from the relevant general medical practice or hospital. We usually go through these before instructing an independent expert to prepare a report. The department keeps a register of experts which we use for an impartial, unbiased opinion. Some clients may have legal expenses insurance or may qualify for Public Funding and others may have to fund themselves. In those cases we usually agree a payment schedule with the client. If we do pursue this is usually on a conditional fee basis, that is no win no fee, so there is an element of risk involved. The basis of a claim is that the plaintiff has sought medical advice or treatment and believes that as a result their health has suffered. We have to show that there is a causal link between the two things. The second essential leg is that there has been an element of negligence. Sometimes this involves extremely complicated evidence. Basically, we need to demonstrate that the course of action or advice given by the doctor in the case in point would not be advised by a similarly experienced and reputable body of practitioners. The role of the experts in all of this is extremely important. WE rely upon them to explain how the action of the defendant has adversely affected the outcome for the patient. The other extremely important point is that the plaintiff must bring the claim within the limitation period. This is usually within 3 years of the event, although it may be extended if the case involves a child or the plaintiff has a mental disability. VI. After filling in the blanks of the text above, find synonyms for the following words and phrases:

Possible case = potential claim; negatively influence the health of the client=adversely affected the outcome; unprejudiced point of view=impartial, unbiased opinion; causation=causal link; to start an action=pursue a claim/bring a claim; probable costs of action= likely amount of the damages; in proportion to the damages recovered= on a conditional fee basis / no win no fee; in this instance=in the case in point. VII. Complete the sentences below with verbs from the text above on clinical negligence. 1. gives; 2.explores; 3.obtains; 4.prepares; 5.keeps; 6.agrees; 7.pursue; 8.affected; 9. bring VIII. Here is a brief summary of the law of contract. Complete the text using the words below: obligation; agreement; consideration; capacity; fraud; illegal; oral; signed; property;breach; damages; performance; terms

IX. Make word combinations using the words below. Provide the definitions of the terms you have found and their Romanian equivalents: Contrary evidence; counter offer; conditions of sale; rebuttal presumption; acceptance; contracting parties; essential terms; subject to contract; avoid uncertainty; qualified

rebuttal presumption an assumption that can be contradicted qualified acceptance whwn th person receiving the offer staes that he accepts the offer subject to contract essential terms for example price and delivery must be certain and not vague

X. Complete the sentences below with words from the list below: 1. rendered; 2. treated; 3. barred; 4. consented; 5. set aside; 6. implied; 7. required XI. Link the type of contract to its description. Provide their Romanian equivalents. 1 F; 2 B; 3 D; 4 A; 5 G; 6 C; 7 I; 8 E; 9 H. XII. Look at the following extracts from contract clauses. Link the underlined word to its meaning; provide their Romanian equivalents. 1 F = prin aceasta / prin prezenta ; 2 D = in cele ce urmeaza / in continuare; 3 K= alaturat/prin prezenta; 4 I= de la data prezenta / de acum inainte; 5 A = in conformitate cu prevederile acestui contract; 6 G= de acolo, dinauntru; 7 M = astfel / drept urmare; 8 E = dupa aceea / ulterior; 9 L= din aceasta; 10 B = conform celor mantionate; 11 H = inclusiv; 12 J = in consecinta/ din acest motiv/astfel; 13 C= sus-mentionat/ mentinat anterior XIII. Below are the main paragraph titles from a Sale Agreement. Link the paragraph titles to the details of the contents of each paragraph. Provide their Romanian equivalents. 1.PRICE AND PAYMENT = E; 2. GOODS = C; 3. DELIVERY = H ; 4. ACCEPTANCE = F ; 5. TITLE AND RISK = A; 6. LIMITATION OF LIABILITY = J; 7. FORCE MAJEURE = D ; 8. ENTIRE AGREEMENT= B; 9. GOVERNING LAW AND JURISDICTION = G; 10. RIGHTS OF CONSUMER

CHEIE SEMINAR VI MASTERAT LMA I. Match the terms below with their correct definition: 1H; 2B ; 3 D; 4 F; 5 J; 6 M; 7 N; 8 O; 9 M; 10 L; 11 I; 12 G; 13 E; 14 C; 15 A; 16 K; II. Complete the sentences below using the correct words from the list. In some sentences several words can be used. 1. English-speaking jurisdictions generally distinguishes between real property and personal property. 2. Real property is a general term for land, tenaments and hereditaments which, upon the death of the owner, pass to his heirs. 3. Personal property refers to / includes everything which does not fall under the heading of real property. 4. Real property can be divided/ classified / categorized / grouped into freehold estates and leaseholds. 5. Essentially, there are four types / classes / categories of freehold estates. 6. Real property law encompasses / includes such things as easements, mortgages and other financing measures. III. Complete the clauses below from a tenancy agreement using the words below: Reasonable; Premises; thereon; deemed; liable; Lessee; harmless; herein; rules; quietly IV. Match the nouns below with the verbs with which they commonly collocate. Some nouns collocate with more than one verb. Provide Romanian translations, then use these phrases to complete the sentences below. VERBS: abandon premises / site; comply with contract / lease/ regulation/requirement/statute; terminate contract/lease/tenancy 1 abandon the premises; 2. comply with the lease; 3. terminate the tenancy; 4. terminate the lease ; 5. comply with the requirements V. Fill in the blanks in the text below using the words in the list: Let us say a few words about conveyancing, namely the transfer of the ownership of property in the UK. In the UK the transfer of property is governed by the principle of caveat emptor (Lat. Let the buyer beware). Contract provisions reinforce this principle by acknowledging that the purchaser has had an opportunity to make full investigations of the title, that is the rights of ownership, and to check the property. Generally, a commercial agent will market a commercial property. The property particulars will specify the terms on which the property is to be sold. The details show whether it is to be sold by auction (sold to the highest bidder) or sold by private treaty (the seller and buyer reach an agreement). If the sale is to be by auction, a legal pack, prepared by the sellers solicitor, will be available to prospective purchasers. It will contain the special conditions relating to the sale as well as copies of appropriate searches (documents which prove inspection of records, for instance about land use and restrictions on its use). It will also include planning permissions, warranties and other documents relevant to the property and to the transfer of ownership, such as legal evidence of the sellers title to the property. The prospective purchasers must be satisfied with the sellers title and other information. If necessary, they may raise further inquiries in advance of the bidding for the property. The signing of the sale memorandum by the purchaser or their agent at the auction constitutes the contract to purchase. Sale, known as completion, when payment is made and the deed of transfer is passed to the purchaser, usually takes place at a completion date specified in the special conditions. VI. Supply the correct adjective derived from the nous below. Provide their Romanian equivalents. Use them in sentences of your own. Statutory, reasonable, negligent, capable, inheritable, prospective, necessary, safe VII. The main objective of the Law of Property, Natural Resources and the Environment is to ensure that the environment is protected against both public and private actions that fail to take

account of costs and harms inflicted to the eco-system. Match a word in List A with a word in List B to form 13 phrases related to the law of property. Provide their Romanian translation. atomic energy; clean air; clean water; endangered species; energy sources; natural resources navigable waters; noise pollution; ocean pollution; oil dumping; pesticide control; tropical forests; waste disposal; VIII. Below are seven agency relationships. Match the principals with the agents and then match each principal and each agent with the correct definition. Attorney (6) client (6); executor (5) heir (1) ; trustee (7) beneficiary (5); master (4) servant (3); guardian(3) ward (2) ; corporate director (2) stockholder (7); employer (1) employee (4) IX. Below are the main areas of commercial law. Match each branch to the contents ir covers. 1 B; 2. A; 3.D; 4 C; 5 F; 6 E; 7 H; 8 G; 9 J; 10 I; 11. L; 12.K X. Look at the sentences below and choose the alternative which best fills the blank spaces: 1. A promissory note is a negotiable instrument which contains an unconditional promise to pay a certain amount of money to the bearer of the document. It is signed by the maker. 2.A promissory note can also be payable to the order, which means that the sum of money is payable to a certain person and not to the holder of the instrument. 3.If a promissory note is eventually held by someone who is unconnected with the underlying transaction, but who holds the note in good faith and knows of no problem with the instrument, that person can become a bona-fide purchaser. XI. These parties are all involved in the use of negotiable instruments. Match their names with the correct definition. Provide Romanian translations and use these terms in sentences of your own. 1C; 2D; 3F; 4G; 5B; 6A; 7E. XII. Legal Latin. Match the legal Latin terms below with their English translation. Provide their Romanian translations and use them in sentences of tour own. 1 B; 2 D; 3 F; 4 H; 5 J; 6 L; 7 N; 8 P; 9 R; 10 T; 11 V; 12 W; 13 U; 14 S; 15 Q; 16 O; 17 M; 18 K; 19 I; 20 G; 21 E; 22 C; 23 A.

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