posibilitotea

unor

discutii

aditionale,

care

ramqn

la

latitudinea

sumrnary of the case to the jury, to interpret the laws and to pass the sentence. The jury is formed by twelve person's, called jurors, aged between 21 and 60 years old. The jury is always present in a criminal court and sometimes in a civil court and has the role of unanimously giving the verdict "Guilty" or "Not guilty" (if the jury can't rea ch an agreement, then a new jury has to rejudge the case). In a criminal case, according to the English law, a person is considered innocent and is not accused of robbery or murder until his guilt is proved. For this, the two parties usually bring witnesses, who are called into the court by the barristers, in a witness box, where they are asked to swear on oath and then say what they saw, not what they heard from other persons. The court system in the US is formed by the US Supreme Court and over eighteen thousand other American smaller courts, like the Trial courts, the Appellate courts and the District courts. Each state has a specific court system. The lowest level of the court system is represented by the Trial courts, or "the courts of first instance", possessing original jurisdiction, which is the power of being the first court to hear a case. The role of these courts is to take evidence, listen to witnesses and decide what is true and what is not, handling both with

profesorulut. Lucrarea mai cuprinde un set de exercifii de verificare a vocabularului dobandit, precum si aplicatii referitoare la Tntelegerea si utilizarea practica a textului studiat. Un avantaj major al modului de slructurare al acestei lucrari Tl reprezinta faptul ca temele sunt astfel concepute, incat sa poata fi abordate separat, independent de problemele prezentate anterior si fara sa aiba o influenta decisive asupra lectiilor ulterioare. Suntem convinsi ca atat profesorit, cat si elevii vor profita de acest avantaj, care le va facilita verificarea, exersarea si aprotundarea studiilor. Speram ca prin intermediul acestui manual sa venim Tn mtampinarea unei nevoi reale atat a studentilor, cat si a profesorilor si ca acestia vor obtine satisfactii in egala masura In studiul limbii engleze

sub raport juridic, cat si In modalitatile practice de studiu.

P A R T IC IP A N T S IN A 1 R IA L T
:''

The Parliament in Great Britain has the role of making the laws, which are interpreted by the law courts or the courts of justice. The British legal profession includes two members: the solicitor and the barrister. The solicitor is consulted if a person needs the assistance of a law for a certain problem, like; a divorce, a fight with the neighbours, setting of a business, to make a will or to sell a properly. The barrister is consulted if a person has a more serious and difficult problem, which needs to be judged in a civil or crimjjial court of law. This will represent him in the court and will plead for his case.'The barrister will take part in the trial as part of the Council for the Prosecution, as council for the plaintiff, or of the Council for the defence, as council Tor the defendant. The main role in a trial is held by the judge, who is in charge of the following responsibilities: to conduct the proceedings, to point out the matters which have to be clarified, to ask questions to the parties and witnesses, to examine the documents and the evidence^to present the

NIT I

PARTICIPANTS IN A TRIAL

civil and criminal matters. The decisions in this court are made by a judge or by a jury, made up of citizens selected from the community. Most of the parties involved in a civil litigation demand a judge and not a jury to take part in a trial, because the decision is reached faster by the judge. The Appellate courts are charged with the responsibility of reconsidering the decisions made by a Trial court, if the defendant requests it. It makes a review to ensure that there is no error in the interpretation of a law, by'using only judges and not jury. The District courts deal both with criminal and civil matters, the so called diversity'cases, like suits between parties from different states, when the amount in controversy is over $50,000, the approval of passports, the solving of the federal prisoners' cases and the naturalization of the immigrants. According to the American law, rooted in the Bill of Rights, the rights of persons accused of crimes are meant to protect the individual from the arbitrary use of police power. An accused person has the right to representation by a lawyer, who is compulsory provided by the state to those unable to afford one.

law as a system (courl of law) or science (to read law); 4.

rly elected to take pari in proceedings), member of Parliament;

legal one of appointed by law; the

branc

= 1. required or

2. based on, occupied wilh hes of law the barrister = is called to Bar study and has the right to participate of law, the laws conce rning specif ied depar tment (com merci al law)

iTHHTTM
VOCABULARY , IDIOMS
= 1. body of enacted or customary rules
nized by a community as binding;

Q BASIC
law
recog-

member = 1. person belonging

to a society; 2. MP (one forme

2. one of these rules; 3. their controlling influence,

jurisprudence;

solicitor

member of the legal profession, competent to advise clients, instruct and prepare causes for barristers, but not to appear as advocate except in certain lower courts controversy, debate, difference of opinion the declaration of a person's wishes regarding the disposal of his property afler his dealh to start a business to bring somebody to court; an action against somebody to address court as advocate on behalf of either party to deny, confess liability or guilt liability to act as embodiment for, to stand for, to be entitled to bring/enter

to speak for somebody judicial examination and determination of issues between parties by judge wilh or without jury or by referee party who brings suit into court of law person sued in law-suit public officer appointed to hear and iry causes in courts of justice to exercise conlro! information, personally the facts to give judicial or authoritative decision; to keep under control body of twelve persons who try final issue; of fad in criminal or civil cases and pronounce the verdict to make the review of evidence or argument (especially of judge afler both sides have been heard) to demand the presence of, to call upon, to appear to communicate a verdict person whose existence, position, sta : e, serves as testimony or proof and who gives sworn testimony in law court or statement, drawn proof (given from documents)

dispute will to set up a business to sue somebody to plead to plead (not) guilty to represent somebody trial

admissible as testimony in court to establish

plaintiff defendant judge to preside evidence

to rule jury to make the summing-up to summon " to return a verdict witness

to swear something on

UNIT

1
1o listen judicially to what one hears, but does not know to be to give a sentence to pronounce a verdict to have an accordance in opinion

to hear hearsa y to pass a sentence to

SYNONYMS

dispute = controversy, debate to set up = to start to plead guilty = to confess guilt to plead not guilty = to deny guilt counsellor = adviser to judge = to Iry proceeding = piece of conduct eye-witness
= bystander ...........

1. When will a person consult a solicitor? 2. When does a person appeal to the services of a barrister? 3. Who are the participants in a criminal court? 4. Who may a barrister represent in a court? 5. Who presides over a court in England? 6. What does a jury consist of ? 7. Whal are the duties of a jury? 8. How long is the accused person supposed innocent? 9. What is the role of a witness? 10. Where is the evidence given? 11. What is "hearsay" evidence? 12. Is "hearsay" evidence taken into consideration in English
courts?

law

13. 14. 15.

Who passes the sentence on the accused? What is the role of the Bill cf Rights in the US law court? What kind of rights to? i is the structure of the court system in the US? is the role of the Trial courts? is the meaning of the "original jurisdiction"?

case = cause, suit witness-box =

dock

does it refer 16. Whal 17. What 18. What

ANTONYMS
legal - illegal plaintiff defendant defence prosecution straightforward indirect

19. 20. 21. 22.

'

Who takes decisions in a trial court? What is the role of an Appellate court? Why does an Appellate court not use a jury? Whal kind of matters do the District courts deal with?

2 . Fill in the blanks with the missing words: , . Civil cases are brought by a plaintiff against a .c^|*n4^P~ The AJu^. consists of twelve people selected at random from the lists. c) First the council for the OAO.^rpresenls the case.

a) b)
d)

II

COMPREHENSION EXERCISES
1 . Answer (fie questions:
I

v_ e) Under English law, a person is considered innocent until his .V -M.r., is proved. f) According to the court system in the US, each slate has a i. court syslen

TU^-^.^plead his case in court.

.mV.

g)

The decisions in Trial court are made by a. .or by a ................

h) The Appellate courts W^W?V*vthe decisions made by a Trial court. i) The District courts deal both with Divert, and . . A A A . matters. 3. Which of the following sentences are true and which a t e false? Corre> the false ones:

'; g) to plead guilty t {_ h) to commit a crime

i) to prosecute ic j) to win a case jQfk) to release on bail

- .
i.-->-,\ .........................................

5. What do you call a person who:

a) b) c) d) e) f)

Civil cases are brought by a plaintiff against a defendant, and the lawyers, who a-for each side, will hire solicitors to plead the case in court. A jury consists of twenty people selected according to The judge may intervene at any point and ask questions to It. is the judge's duty to conducl the proceedings, interpret the laws and give th verdict of "Guilty" or "Not Guilty". The wilness must not swear on oath on giving evidence before The decisions in a Trial court in America are always made by a

a,special procedure. clarify matters.

a) b) c) d) e) f)

pleads a case in court undertake; legal business for ordinary people gives evidence in trial is summoned 1o court to give a verdict in a case presides over a magistrates' courl is brought to the court on the initiatives of the parties 6. Comment-on:

Mercy to the criminal may be cruelty lo people. Teslis unus, testis nullus. 7. Compare the English legal system with the American one. PARTICIPANTS ATRIAL IN

the jury. judge an

UNIT

I
M AG NA CARTA

by a jury. g) The role of the Appellate courts is to take evidence, listen to witnesses and review the written records of the lower courts. Ii) The Trial courts form the lowest level of the court system in the US. i) The Bill of Rights protects the individuals from the wrong use of police power. 4. Here ere some expressions connected with a law court trial. Put them in the right order:
h

An island on the Thames between Staines and Windsor had been chosen as the place of conference: the King encamped on one bank, while the barons covered the mars hy flat, still k nown by the name of Runnymede, on the other. Their delegates met on the island between them, but the negotiations were a mere cloak to cover John's purpose of unconditioned submission. The Great Charter was discussed, agreed to and signed in a single day (1215, June 1 6). One copy of it still remains in the British Museum, injured by age and fire, but with the royal seal still hanging on the brown, shrivelled parchment. It is impossible to gaze without reference on the earliest monument of English freedom which we can see with our own eyes and touch with our own hands, the Great Charier to which from age to age patriots have looked back as the basis of English liberty. But in itself

a)

lo bring somebody to court

1 b) to accuse somebody of something

~+c) to return a verdict & t d) to give evidence e) to pass a sentence J f) to arrest on a charge of

the Charter was no novelty, nor did it to establish any new constitutional principles. The character of Henry the First formed the basis of the whole and the additions to it are for the most part formal recognition'of the judicial and administrative changes introduced by.Henry.the Second. But the vague expressions of the other characters were now changed for precise and elaborate provisions. The bounds of unwritten custom, which the older grants did little more then recognise, had proved too wea k to hold the Angevins; and the baronage now threw them aside for the restraints of written law. It is in this way that the Great Charter marks the transition from the age of traditional rights, preserved in the nation's

memory and officially declared by the Primate, to the age of written legislation, of parliaments and statues, which was soon to come. The church had shown its power of self-defence in the struggle over the interdict, and the clause that recognised its rights alone retained the older and general form. But all vagueness ceases when the Charter passes on to deal with the rights of Englishmen at large, their right to justice, to security of person, to good government. "No freeman", run the memorable article that lies at the base of the whole judicial English system, "shall be siezed or imprisoned, or dispossessed, or outlawed, or in any way brought to ruin: we will not go against any man nor send against him, save by legal judgement of his peers or by the law of the land". "To no man will we sell", runs other, or "delay, right or justice".

mm

Like in the case of solicitors, the training of barristers is divided into three stages: academic, vocational and apprenticeship. The requirements of the academic stage are the same with those of the solicitors. of between twelve and twenty SOLICITORS AND BARRISTERS

in offices, S O L I C I T O R S A N D B A R R I S T E R SBarristers work notably of a in groups sharing services clerk, but

The legal profession in England and Wales is divided into solicitors and barristers. 1 he duty of the solicitor is to give advice and to lead the business of the client. He will also have a barrister to care of a specific matter of the client's business. Tf e solicitors have the right to a brief council, who will be called in if the situatioi; requires, in order to give specialist advice, to draft documents or to act as advocates in the higher courts. He is the one who will entitle the barrister to act as an advocate in the higher courts. The solicitors have been usually considered the junior part of the legal profession, but have increasingly become the dominant part of it. They are only admitted for practice if they complete three stages of training: the academic stage, the vocational stage and the apprenticeship. The academic stage of training is satisfied by the completion of a qualifying law degree containing' the six core subjects or by passing the Common ProfesionalTfxamination. The" six core subjects are Constitutional and Administrative Law, Contract, Tort, Criminal La N , Land Law and Equity and Trust. The last stage consists of a two years apprenticeship to an established solicitor and can be regarded as the clinical stage of training. In this stage, they learn various skills that are necessary for a solicitor, like managing an office, inten/iewing clients, writing letters, instructing counsel and handling money. Once admitted, the solicitor is required to maintain a practising certificate, for which a substantial annual fee is charged. The governing bodies of the barristers are more complex then those of solicitors. First of all, in order to become a barrister, it is necessary to become a member of one of the Inns of Court, like the Inner Temple, the Middle Temple, Lincoln's Inn or Gray s Inn. Though admission to the Bar is still largely the domain of.the individual Inns, the formal education of a trainee barrister is centralised through the Inns of Court School of Law. Another governing body for barristers is the Bar Council, which is the barristers' elected representative body.

also secretarial and other services. Each chamber is required to have at least one clerk, who performs the functions of office administrator and accountant, business manager and agent. After around ten to fifteen years in practice., %| successful barrister can consider applying for promotion to Queen's Counsel known as "silk" from the material of which the Queen's Counsel formal gown is made. The distinction between the two branches of the legal profession is an artificial one. In fact, there are no tasks exclusive to one branch. Solicitors regularly appear as advocates in the law courts and sometimes

I;: '

in Crown Courts, which are geographically remote from barristers' chambers. Equally, there are many barristers who very seldom

appear in the court, spending their time on written opinions on the law. Over the years, there has been debate on the fusion of the two branches of the profession.

WORD STUDY
fusion advice to draft circumstan ce

BASIC VOCABULARY. IDIOMS

the result of fusing; a coalilion of ideas, concepts, branches, parties etc. conduct etc. to draw the outlines or plan of; to sketch; to draw up in written form, to compose a condition, detail, part or attribute, with respect to time, place, manner, agent etc. which accompanies, determines, or modifies a fad or event; a modifying or influencing factor , an opinion or recommendation offered as guide to action,

senior to carry out task

more advanced in age or older in standing, superior in age or standing to, of higher or highest degree to put (principles, instruction) in practice piece of work imposed . to manage (thing, person)

1. summary of fads and law points of a case drawn up for counsel; 2. to inslrud (barrister, solicitor) by brief, employ

UNIT 2
completion apprenticeship

SOLICITORS AND BARRISTERS

1
sole

ifnSili

to divide = to separate occasion = opportunity to maintain = to keep up artificial = synthetic

fo <:npnrl
= tn rlkhiircp

= the act of completing; fulfilment = working for another in order to learn a trade, for instruction, training = educational training thai provides a student with practical experience in a particular occupational field = a legal society occupying such a building = belonging or pertaining to one individual or group to the exclusion of all others; exclusive = 1. one engaged in the practice of a profession, occupation; 2. one who practices something specified = extremely objective and realistic = 1. the application of the dictates of conscience or the principles of natural justice to the settlement of controversies; 2. a system of jurisprudence or a body of doctrines and rules developed in England and followed in the United States, serving as supplement and remedy the limitations and the inflexibility of the common law = a fiduciary relationship in which one person (the trustee) holds the title to property (the trust estate or trust property) for the benefit of the other (the beneficiary) = official or uniform robe of various shapes worn by judge, lawyer, clergyman, college = o wrongful act, not including o breach of contract or trust, which results in injury to anolher's person, property, reputation, or the like, and for which the injured party is entitled to compensation

vocational stage f court !

practitioner

clinical

equity

trust

M
gown tort

|jJSYNONYMS

advice = guidance

UNIT 2

SOLICITORS AND BARRISTERS a t i s f i e d u n s a t i s f i e d s u b j e c t i v e objective to maintain - to discontinue simple complex artificial genuine to spend - to earn

BANTONYMS
i n c r e a s i n g l y d e c r e a s i n g l y s

COMPREHENSION EXERCISES
1. Answer the questions:

1. 2. 3. 4. 5. 6. 7. 8.

What are the solicitors dealing with?

7

Is ihere any difference between solicitors-and barristers?..^^ legal profession? Which is the final stage in the solicitor's education? Name some barrister's governing bodies.

. . . .

Which is the historical recognition regarding the two branches of the

Which are the stages the solicitors and the barristers are supposed to pass through? What do the barristers deal with? When can a barrister consider applying for promotion to Queen's Counsel?

9. Can the two legal professions interfere within each other? 10. Which are the motives thai can lead to a fusion of the branches
legal profession? 2. What part does each of the following take in a trial? The judge The solicitor The barrister

of the

a) b) c)

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

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. c) Barristers are increasingly becoming the dominant branch of the profession. d) There are eight core subjects for the final stage of training of the solicitors. e) In order to become o solicitor it is necessary to become a member of the Inn's Court.

e)............ f).............

ure all sole practitioners. regularly appear os advocotes in the law courts.

5 . Comment on: First think, and then speak. of the crime. This latter category was described as part of "jury equity" in which juries are prepared to allow extra-legal considerations to influence their decision making. Baldwin and Mc Conville went on to examine more closely the incidence both of questionable acquittals and of doubtful convictions. An acquittal was regarded as questionable if the judge and one other responded voiced doubts about it. They concluded: "The number of defendants who seem to us to have been acquitted in questionable circumstances, without any apparent equitable justification save in a handful of cases, suggests that trial by jury is a relatively crude instrument for establishing the truth".

f)

After around ten years in practice, successful barristers can consider applying for promotion the Queen's Counsel. 4. Fill in : ne blanks with the missing words:

a) The ............ is currently alone entitled to act as advocate in the law higher courts.

b) c)

The six core subjects are ..., ..., ..., ..., ... and ....

Once admitted, the ........ is required to maintain a practising certificate. d) The.............of the academic slages are common to both branches of the profession.

Adapted from "The Sociology of White Collar Crime", by James W. Coleman

Hi

DC AftlM

A R E T H E Y G U IL T Y O R N O T ?
Baldwin end Mc Conville's major research on jury trials focused on 370 defendants trbd by juries out of a total of 2406 defendants passing through Birmingham Crown Court in the study period. There is also some comparison with cases tried in London. The opinions of judges, of prosecution and defence lawyers, of de'endants and of the police were sought on wide range aspects of the cases. The researcher examined the incidence of agreement and disagreement with the /erdicts of the juries. There was a higher incidence of disagreements with bo;h acquittals and convictions that had been indicated by earlier research studies. In all cases of acquittal, participants were generally agreed on

the most inportant reason for the acquittal. The most commonly mentioned factors were the strength of the defence case, the weakness of the prosecution case and the pry's being swayed by sympathy for the defendant to the victim Oft

IU

NIT 3

THE ROLE OF JUDGE AND JURY The role of the judge in a court of law is a passive one. He has the role of the arbiter of the law, who controls the trial and directs the jury. The length of a trial may vary from a few hours to a month or more; the average length of a contested case is just under nine hours, which is about two days of court time. If there are points of law involving admissibility of evidence which are easy to decide upon without too much argue, the judge may exclude the jury. Otherwise, the jury will listen to and will form opinions about the veracity of wit nesses. In this case, the judge will direct the jury to reach a verdict of guilt or innocence. The judge will be required to direct the jury to give a verdict of "not guilty" if a conviction cannot, as a matter of law, be sustained in a case, during a trial. The judge cannot ignore such a direction, the resulting verdict being called a direct acquittal. The judge will also sum up the case for the jury, before it retires to consider a verdict. In the summing up, the judge will summarize the case, explain the legal issues in contention, comment on factors that lend weight to or cast doubt on certain evidence, from an.independent and impartial standpoint. If the jury ignores the judge's explanation of the law when drawing a conclusion or if the jury returns a verdict suspect of coming against the weight of evidence, the verdict will be called perverse. The jury is considered the arbiter of the fact, who deals with ali the issues of fact. The jurors will secretly deliberate about whom they believe and disbelieve. They must form a collective viewpoint about the case, as close- to reality as possible, resulted from the evidence before them. After determining whether the defendant's actions constitute the offence charged, the jury retires and is not allowed to interfere until a decision is reached. If the jurors cannot agree and if every effort of coming to a conclusion fails, a new jury will be :alied and the case will be retried. The old discharged jury is called a "hung" jury. At first, the decision of the jury in a trial court had to be unanimous, although it was usually requiring a new trial of the same case. This problem was solved in 1967, when The Criminal Justice Act was adopted. It introduced the principle of majority in the decision reached by the jury. Nowaday;., it is possible to acquit a convict if ten jurors agree on a verdict, even if the jury consists of eleven or twelve jurors, or if nine

T H E R O L E O F JU D G E A N D JU R Y
There is a very subtle difference between the judge and the jury: the fudge deals with questions of law, while the jury deals with questions of fact. The difference between the questions of law and the questions of fact is also a very subtle one. An example of a question of fact is the issue whether the defendant was at a particular place at a particular time. This issue is called by lawyers a question of primary fact. On the other hand, in a criminal trial, where the intention is relevant, a question of fact will require an evaluation of all the surrounding circumstances in coming to a conclusion about the defendant's state of mind. For example, in a shop lifting (the offence of theft), if the defendant was in a state of confusion resulted from the side effects of medication and he had no intention to steal goods, the jury would be called upon to elucidate these facts. This is no longer conclusive in the complex cases of fraud or deception,, where_.th.ese issues are more important than the primary facts. Moreover, the judge will have lo deal with a question of law when defining the constituent elements of the offence of theft.
1

agree when the jury consists of ten jurors. If a member of a twelve parties jury dies during the course of a trial, the trial will go on, even if the decision will have to be reached by eleven jurors. It will stop if the number of jurors decreases below ten. Usually, the decision of the jury cannot be changed by an appeal. The Court of Appeal will not reopen a case or reconsider the decision made by the jury, unless there had been a mistake in the use of the right procedure. If this happens, it means that the judge will fail to conduct the trial correoly and the case is retried by the Court of Appeal.

[J

BASIC VOCABULARY. IDIOMS

a point in question or a matter that is in dispute as between contending parties in an action of law lo call upon or oblige (a person) authoritatively; order or command; lo demand someone lo account for his actions determining or setting the value or amount of stealing goods from the shelves or displaying of a retail store

WORD STUDY

while posing as a customer

issue

to require

evaluatio n shopliftin

U NIT 3
side-

|3

SYNONYMS
any effed of a drug, chemical or other medicine that is in addition to its intended effect, especially an effect that is harmful or unpleasant 1. deceit, trickery, sharp practice or breach of confidence, used to gain some unfair or dishonest advantage;

to require = to demand shoplifting = thefl fraud = deception to contest = lo testify veracity = honesty contention =
controversy

effect

2. a

fraud

particular instance of such deceit or trickery something that deceives or is intended to deceive; fraud; subterfuge; trickery lo call a witness (in a lawsuit); to testify capability of being admitted conformity to truth or fact; accuracy 1. to enter on o panel or list for jury duty; 2. to select (a jury) from the panel 1. to prove or declare guilty of an offence, especially after a legal trial; 2. 0 person serving a prison sentence the mental position, attitude, from which one views and judges things - - -* . . .-..-v..struggle between opponents; dispute; controversy wilfully determined or disposed lo go counter to what is expected or desired; contrary to make less severe a boundary; border; frontier to declare innocent; settle (a debt); behave oneself declaration of innocence in court

deception to contest admissibility veracity to empanel (to) convict

standpoint contenti on perverse to mitigate confines to acquit aquittal

ANTONYM S^
t o r e q

r THE a ROLE OF JUDGE AND i UR Yc i t y d i s h o n e s t y p a r t i a l i m p a r

tial contention disagreement 1 to believe - to disbelieve

COMPREHENSION EXERCISES 1. 2. 3. 4. 5.
1 . Answer the questions: What does the judge deal with?

II I I
u i r e t o f o r g o v e

What do the jurors deal with? Give an example of a question of fact. Name a queslion of law. What are the relalions between the judge and the jury? 6.--Wha1 happens when ihe'jury cannot agree-on the verdict?

7. 8.

How many jurors are needed to obtain an accepted verdict? When is the trial considered a failure by the trial judge? ,

a) b) c) d) e)
f)

2. Which of the following statements are true and which are false? Correct the false ones. The judge deals with questions of fact and the jury deals with questions of law. The judge is the arbiter of the law. The judge cannot ever exclude the jury.

The judge is required lo direct the jury to return a verdict of "not guilty" if during a trial a conviction cannot be sustained in a case.
t

Once the jury is retired, the judge delivers the sentence. Acquittal by a jury is sacred. The Court of Appeal can reopen or reconsider the jury's decision. 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 .....the facts.

UNIT 3
b) c)
a verdict when he sums up the case for the jury. d) The verdict is called ........... when the jury ignores the judge's explanation of the law. e) ............. must debate in secret their deliberations about whom they believe and disbelieve. 4. What do you call a person who: At all stages, the role of the ........... is passive. The ............. has the last word before the ........... retires to consider

At court, everyone for himself. THE ROLE OF JUDGE AND JURY victions are disqualified either for life or for ten years depending
seriousness on

the

of the offence.

There is a group in the population who have a right to be excused if summoned; for them, service as jurors is optional. These include those over 65, members and officers of Parliament, the military and the medical arofession, including^veterinary practitioners. There are two general grounds on which a juror has a right to claim to be excused of jury service: when the juror has attended court for jury service within the previous two years or when the juror has been excused jury service for a longer period which has not expired (to those who have served in long and complex trials). A juror whe shows, or about whom it becomes apparent that he or she cannot efficiently be elected as a juror because of a physical disability or insufficient understanding of English, must be discharged. From "The Administration of Justice", by Robin C. White

a) b) c) d)

Deals with questions of law Deals with questions of fact Is the arbiter of the law Is the arbiter of the fad 5. Comment on:

Ill

READING PRACTICE S E L E C T IO N O P T H E JU R Y

The principle underlying the selection of the English jury is that of randomness. The theory is that a jury chosen at random will be representative of the community. Any prejudices held by particular members of the jury are likely to be counteracted by the good sense of the other members of the jury. In marked contrast, the principle underlying the selection of the jury in the United States is that of securing a "neutral" jury which will try the case dispassionately according to the evidence. Potential jurors are subjected to detailed

questioning either by the council or by the judge to reveal any prejudices and to confirm neutralily. The basic qualification for the jury service in England and Wales is the simple age and residence qualification. All persons aged between 18 and 70 registered as Parliamentary or local government electors who have been resident in the United Kingdom for at least five'years since attaining the age of 1 3 are eligible for jury service. The advent of computerised databases means that today jury panels are selected genuinely at random from electoral lists using random selection computer programmes. Persons with certain criminal con-

mumm
JU S T IC E O N A N C IE NL A N T D
905906
The legislation of the Geto-Dacian state Besides the unwritten law, expressed in the Geto-Dacian State, there was a law system. Sfrabon, a Greek geographer and historian, as well as lordanes, a historian of the Goths, at the court of the Ostrogoths' kings, in Italy, stated that Geto-Dacians' laws were adopted during the ruling of Burebista, who sustained that the laws he imposed were inspired by gods The laws were transmitted from generation to generation, in written form and they hove been kept until lordanes' times (the 6-th century O.E.). By the agency of these laws there have been introduced new standards - commandments of the king who resorted to the authority of religion in order to be taken intp.account by his people. There was the need of maintaining the fear of gods in order to be sure of the,;observance.of_theJ.aw.;_ Legal institutions At the same time with the extension of the slave-owning system, the differences of wealth strengthened the great private extems property. In Dacia there were great landholders that used the labour of the slaves. Besides the private property, there existed the collective property of the territorial community. Through the agency of information, recorded by Horatio, we know that the Geto-D ocians were great tillers. Regarcmg the organization of the family, there are a lot of information recorded by Herodot, Ovid and Horatio. There was monogamy and the future husband had to bought his bride from her parents. On the other hand, the future wife had to bring to her new house a dowry consisting in money or goods.

Ovid a-firmed that woman was on an inferior level compared to that of man. She worked hard and she v/as sentenced to death if she had committed adultery. There is no recorded information about the existence of any standards regarding obligations and commercial contracts, but scientists consider that they existed (the argument was the intensification of trade and the large use of coin). JUST1CI ON ANCIENT ROMANIAN LAND In the field of criminal law, the main disposals considered the defence of the state and of the private property..Generally speaking, the^tate was charged with the justice, but they still applied the system of the blood revenge. The Dacian State was concerned with the organization of the legal system. The king Comosycus - as lordanes recorded - look

Ill

care o fthe organization of the trial and the trial itself, but he was at the same time the great priest. Some historical texts certify the use of the judiciary combat in order to solve different litigation. As for the diplomatic activity of the Dacians, they used norms of international law, the priests using a certain ritual at the conclusion of the treaties.

|| generation 1 i

WORD STUDY

0BASK

VOCABULARY . IDIOMS
= usual praclice; (law) established .usage

! custom

having the force of a law = 1. whole body of persons born about the some time; 2. procreation, propagation of species, begetting or being begotten; 3. production by natural or artificial process; 4. average time in which to children are re-

agency slave private ]| community at the same time wealth

ready

place parents (reckoned at 30 years, as a

time sure) = active operation, action; instrumentality = person who is legal property of anolher and is bound i

meo-

II N
3. body of people having religion, profession

to absolute obedience = concurrently = welfare, prosperity, riches, large possessions, opulence, abundance ive = of, from, many individuals, common, by all, for the benefit collect of oil = individual, personal, not affecting the community = 1. joint ownership, fellowship, 2. body of people living in the same locality;

to strengthe n tiller monogam y

in

strale (against ) = I. property or money brought by wife to husband; 2. endowment, marriage portion; 3. gift of nature, talent = voluntary sexual intercourse of married person with one of the opposite sex, other than his or her spouse = 1. exchange of commodities for money or other commodities, commerce; 2. exporta tion or importa tion of goods from or to home countri es, or exchan ge of commo

common = to become stronger, lo make stronger = ploughman, farmer, cultivator = practice, circumstance of being married to one at a time = 1. informing, telling; 2. thing told, items of knowledge, news;

3.
dowry
(lav/) charg e, comp laint, lodge d with court or magi

to revenge ritual

adulter y trade

dities of different countri es = to satisfy oneself, to be satisfied with retaliation (for offence, upon, on the offender); to take vengeance = 1. prescribed order or performing religious service; 2. performance of religious acts

u n w r i t t e n d i f f e r e n c e r e s e m b l a n c e m

o n o g a m y p o l y g a m y p r i v a t e c o l l e c t i v e

e q u a l i t y i n e q u a l i t y

SYNONYMS
concurrently = simultaneously wealth = fortune to strengthen = to accentuate disposal = disposition, measure,
stipulation

COMPREHENSION EXERCISES
1. Answer the questions: What did Strabon and lordanes say about the GetoDacians' laws? What was property in Dacia like? What is the information recorded by Horatio regarding the Geto-Dacians? What do we know about the

to attest = to certify combat = duel conclusion = settlement

m ANTONYMS
w r i t t e n

family organization al that time? What do we know aboul the criminal law? Who was in charge with the organization and the trials? - -Did the GetoDacians use any norrmr-of international law? 2. Translate into English: a) In epoca sclavagista exista o occentuata inegalitate intre femei si barbati. b) Respectarea legilor statului asigura libertatea indivizilor. c) Dezinformarea completului de judecala atrage dupa sine penalizarea celui in cauza. d) Unii oameni cred ca au numai drepturi Tn societate.

UNIT 4
Dacians were polygamous. Geto Dacians used the coin and made trade. f) They slill applied the blood revenge.
d )

e)

4. C ; ve 5. E
x p l a i n t h e f o l l o w i n g t e r m s : g

examples of the customs in our country.

e n e r a t i o n community adultery trade 6. U;e the antonyms of the following words in sentences of your own:

n p o l y g a m y 7. Comment on:
^^cmt^^.,..-, > n i . | h .,..,.,.. ^.^^

r< semblance
any c o l l e c t i v e t o s t r e n g t h e

Truth has a scratched face. Unde e un Brutus, trebuie sa moara un Cezar. (Schiller)

ING PRACTICE B ILL O f R IG H T S . LAW S

e) In tara noastra nu este acceptata bigamia. f) Rind adaplabil, omul a reusit

sa reziste transformarilor naturale de-a lungul timpului. 3. Some of the following sentences are true and some are fa.se . Correct the false ones: ' v a) lordanes was a Greek historian and geographer. b) Burebista used the fear of gods in order to impose the obedience of the law. c) In Dacia there were slaves who worked on the private properties as well as on the collective ones.

CO M M O N

The fi' st three amendments to the Constitution of the United States are generally referred tc as the National Bill of Rights. At the time Constitution was submitted to the people in 1 787, there was much criticism of the document due to the fact that it did not contain a Bill of Rights. The explanation of this goes back to the original English common law idea of government. According to this, individual rights exist themselves as inborn and inalienable. The Constitution and government are

merely an a dded protection to those rights people already possess. This idea is today underlinec by the government of Great Britain and the United 5tates, by those of the self-gcverning British Commonwealth. In cor trast to this, the doctrine and belief that were and still are prevalent in other countries should be mentioned, such as the states of the Continental Europe, which are under what might be termed a prerogative type of government. Even the most ree of these countries in their written constitutions make statements of JUSTICE ON ANCIENT ROMANIAN LAND jpdividual rights that are based on the underlying thought that these rights are the gift of the state. Thus, we find the Constitution of Switzerland (Article 55): 'The freedom of the press is guaranteed. However, the laws of the cantons shall enact the necessary provisions to avoid abuse; these provisions should be submitted to the approval of the Federal Counsel. The Confederation may also fix penalties in order to prevent abuses directed against itself or its authorities." This provision is characteristic to the most enlightened European democracies and is in direct contrast to the British and American common daw idea of protection for already existing, inalienable rights.

Commondaw, originally custom and usage, become the law 'common' to all the people of England by judicial enforcement. Thus it originated in England, but has come to consist in great part in the principles which have been declared and developed in the decisions of the courts when adduding upon the private law in the countries of Anglo-Saxon origin. It is usually not incorporated in the Constitution or written statutes of a country, but is the term generally used to describe that system of fundamental law, which is in force among the English-speaking peoples as contrasted, with Roman law and derivative systems based on an enacted code. The early settlers of the United States claimed and were in fact supposed, to have brought with them in America their inherent common-law rights of person and property. It is the English commonlaw, which thus is recognized throughout the United States as the common-law of the country and is the fundamental basis of the institutions of Government. Primarily the Governments of each of the states and territories enforce the common-law. The Code Napoleon and its development in the State of Louisiana due to the original French settlement there have influenced it to some extent. It is, of course, subject to repeal or amendment by statute, but primarily the common-law has been developed and extended by the state and Federal Courts, past and present.

In those states where the common-law has been codified, these codes consist in large part of a restatement of the commonlaw doctrines and their later development up to the time of codification. In addition, the common-law rights of the individual, as generally accepted, have been stated to a greater or lesser extent at various times.in American history. Among these statements is that in the Declaration of Independence, which says that all men "are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of Happiness." Also, the Bill of Rights or the first ten amendments to the United States Constitution and the Bill of Rights in the various states constitutions are in whole or in large part made up of statements, common-law rights, which are inborn, inherent and inalienable and not granted by any Government, according to Anglo-Saxon and American theory. Thus, the American Governments, national or state, are merely added protedion to the common-law rights, which the citizens already possess. Adapted from "Concise Dictionary of American History"

11 B
CIVIL PROCEEDIN GS;
-

I IB C IV IL P R O C E E D IN G S
Understanding the English legal system must start with the distinction between civil and criminal proceedings. Civil and criminal proceedings require different courts and procedures, although some judges sit in both civil and criminal courts. The distinction between civil and criminal proceedings consists mainly in the legal consequences that follow a particular act. The role of the civil law and civil proceedings is to determine the rights and obligations of individuals themselves, as well as in their relations with the others. Such civil acts could be: the determination of rights arising under a contract, the rights regarding property and succession, the obligations of paying damages for torts, like negligence, nuisance or defamation, questions of status, such as divorce, adoption and the custody of children. These rights belong to the area of private law, as they are of private nature; but there are alsOiCights that belong 16 the public law, like questions of taxation, or questions of planning and compulsory purchase, which are of public nature. In a civil proceeding, the person who begins the proceeding is the plaintiff and he sues or brings an action against a defendant. The plaintiff will be seeking a remedy, usually in the form of damages (money compensation), but possibly also in the form of an injunction (an

WORD STUDY

uing to commit a wrongful act). Most civil proceedings are heard by a judge sitting alone; in defamation cases, which are very rare, the judge will be helped by a jury in civil proceedings. The judge delivers a judgement after hearing the action. The procedure terminology is not the same in all the civil proceedings. For instance, in divorce proceedings, the petitioner, who asks for the marriage to be dissolved, partitions for a decree against the reorder prohibi spondent. If it is certain that the marriage has broken down irretrievably because of the respondent's adultery, the person [obligatio with whom the respondent is alleged to have committed n adultery must usually join the proceedings. This party is called coting respondent. the In civil proceedings, the plaintiff usually must prove the facts on defend which the claim is based. This means that the plaintiff has the burden ant of proof, which in the civil cases is said to be on the balance of from probabilities. In other words, the plaintiff must satisfy the judge commi through admissible evidence, which is more tting or contin

piBf

successio n nuisance

defamatio

1
i f

VOC ABU LAR Y. IDIO MS

1. act or manner of proceedin g in any action or pro-

argument enforceable by law, originally applied to promises under seal; 2. a document containing such an agreement; 3. a bond containing a penalty with a condition annexed for payment of money, performance of covenance etc.;

4. any

bond, nole, bill, certificate, or the _

like, as of a government or a corporation, serving a-: evidence of indebtedness;

5. something
law etc.;

by which" n person is bound

to do certain things, and which arises oul of a sense of duty or results from custom, ihe descent or transmission of a throne, dignity, estate, or the like; something offensive or annoying ihe individuals or to the community, especially in violation of their legal rights;

1I I 1
1 i

I I

cess; conduct;

2. 3.
11 1

false or unjustified injury of the good reputation of a particular course another as by slander, libel, calumny ; required withoul or mode of action; exception; mandalory; obligatory; mode of conducting legal, parliamentary, or other business, i fundamental = especially l litigation essential and judicial consequence = effect proceedings (1) = [obligation 1. contract an '< (2) = responsibility rr\fr* H i i l r n r W Ul i n rt 4
n rw

NIT
iiauEXSstmi

5
b)
c

CIVIL PROCEEDINGS!
The questions of taxation are of private law nature. In mosl criminal proceedings the person beginning the proceedings is the plaintiff. )

31IgpclAOT.0N.YMS fundamental secondary negligence care private public compulsory voluntary

d) e)

Most civil proceedings are heard by a jury of 12 persons. The plaintiff must satisfy the judge through admissible evidence, which is not as reliable as his statements lhat he pretends to be true.

(PREHENSION EXERCISES

5. Comment on: Credit is dead, bad pay killed it.

IN
1 . Answer the questions: Is there any difference between civil and criminal proceedings? 2. 3. 4.Which are the aims of ihe civil law and civil proceedings? 5. 6. Who ;s the person who begins the proceedings and whal does he do? Which is the schedule of a civil proceeding? What about divorce? a) bj Whal does the burden of proof imply? 2. Complete the blank spaces with the missing words: Diffe r ent ............. and .............. are used for civil and criminal proceedings. Civil law and proceedings aim to determine the . and.............. of individuals as well as between each other. Questions of taxation or questions concerning planning or compulsory purchase are rights lhat belong to .......law. Most civil proceedings are heard by a ........... silling alone. In civil proceedings, ihe plaintiff usually has the. of proof. 3. What do you mean by: - proceeding - procedure ; i

READING PRACTICE

- k -J-,-

- case - burden of - liticjation

proof

4. V>'hich of the following statements are false and which are true? Correct the false ones: 1 The

distinction

between civil and criminal proceedings is of no

importance | Jn understanding of the English legal system.

d) e)

R U LE S O F C IV IL P R O C E D U R E
The English system of civil procedure is based upon the adversary principle: a series of statements of fact are put forward by one party to be attacked by the opposing party. The judge acts principally as umpire or referee and ; -leaves4t'-t6-the parties-to put-the case before him. The rules of civil procedure ^which'govem.the-handling-ef cases are-technical, complex and detailed. They are designed to regulate the conduct of the parties and their advocates in an adversary trial. Th ey can be found in large volumes entitled The supreme Court Practice (known among lawyers as 'The White Book') and The County

a)

Court arranged so that the issues between the parties can be identified. The Practic second is to ensure that the correct and appropriate rule of law is e found and applied. The third objective is to ensure that the remedy or (known remedies prescribed by that rule of law can adequately be enforced. among , It is not necessary to dwell on the detail of the rules of procedure, lawyer since a broad outline of the process in action in contract and tort will s as serve for our enquiry. Whether the rules actually achieve their 'The objectives remains to be as-* sessed, but there has been a succession Green of calls over the last 30 years for the ^redrafting of the rules in order Book'). to make High Court practice and procedure ; quicker, simpler and This cheaper. Few of their recommendations have been imple-. mented. mass The recommendations of the Civil Justice Review pick up some of these of recommendations and their implementation will mark the start of a rules new era in the processing of civil disputes. really Adapted from "The Administration of Justice", by Robin C. White has three objecti ves. The first objecti ve is to ensure that the facts on which a claim is based are accura tely found and approp riately

- I RUTH
-1 Truth is the accurate reflection of the objective reality in thinking, by comparing what exists with what really happens. There are two kinds of truth: the objective and the relative truth. The objective truth reflects the existing reality, which is independent from the human consciousness. The criterion and the source of truth are the social -historical experience of humankind, which makes the process of finding out the truth a continuous and unlimited in time one. The relative truth is the reflection of reality, which is just, but approximate. For example, the scientific fact is a relative truth. Using the relative truth, the human consciousness permanently aims to the absolute truth. The absolute truth includes all the relative truth in its progressive and infinite historical sequence. Any relative-truth contains-elements'of absolute truth. - Along'the History, all the conceptions,'systems'and schools were'appreci-ated through their cttitude towards the truth. Truth is the key to any lawsuit or juridical proceeding. At the basis of all the branches of the studies of law lies the principle of absolute truth, especially in the procesual law, where complete concordance between the facts regarding the cause and the conclusion of the criminal lawsuit is demanded. A person who has to give evidence in a trial will have to swear on oath that he will tell the truth and nothing but the truth. He is required not to make a false statement or pass the truth over in silence. What we mean by telling the truth is that a person says a true sentence and not a false one. As Aristotle said, "a true statement is the one by which you say that it is what it is and that it is not what it is not".

In the Middle Ages, philosophers sustained that truth is the accord between object and intellect. Legally speaking, we have the right to sustain that our opinions are true, but we must be able to motivate them, seriously and firmly. TRUTH - THE PRINCIPLE OF THE JUDICIAL PL'ADIMCf'

T H E P R IN C IP L E O F T H E JU D IC IA L P L E A D IN G
I0BASIC

| Eaccuraje
i m

WORD STUDY

' ffeally 'reality I VOCABULARY. IDIOMS ^objective

= careful in exact conformity with a standard or with a truth = in fact, in reality, positively = property of being real = belonging not to the consciousness or the peceiving or thinking subject, but lo what is presented to this, external lo the mind, real = pertinent, relevanl, related to the subject = complete, pure, other things = quality or slate of being true or accurate; honest; sincere; loyal; accurately shaped; adjusted ...________________________________________ = what induces a person to act = totality of a person's thoughts and feelings = principle, standard a thing is judged by = mankind, human species = origin, places where things come from conception = intended lo last indefinitely lie conclusion s [SYNONYMS Inaccurate = precise . = not taking into account; withoul ^reference te mere; real, unconditional, self-existent and conceivable withoul r el c I ion to | i irrespective

-relative | ^absolute

% |t
|

. -truth

of motive ^'Consciousne ss ^criterion ^humankind source [permanent f fopinion

i. I-

REALLY

= indeed

= judgemenl or belief not founded on certainty or proof; view held as probable = thing conceived, idea = intentional false stalement = final result = stating, expression in words = faculty of knowing and reasoning

U NIT

to assert = to declare to state = to express absolute = perfect relative = pertinent criterion = principle humankind = mankind source = origin permanent = lasting

Before giving eviden ce in a trial, the witnes s must say the

truth - lie accurate - inaccurate reality - fiction respective - irrespective false - true

2 . 3 . 4 . 5 .

1. Answer the questions: What is truth? What kinds of truth did you read about? What does objective truth deal with? Whal about the relative one? What is the absolute truth? What are the words a person has to say before giving evidence? What is a true statement in Aristotle's way of thinking? How did philosophers in the Middle Ages define the truth?

2. Fill in the blank spaces with the missing words: a) Truth demands the complete ....... of facts. b) The relative truth is the ........, but .............. reflection of reality. c) To say a truth means to say a ........ sentence, not a false one. d) The scientific fact is a ........ truth. The process of finding out truth is ........ and .............. in time. e) f)

LH

TRUTH THE PRINCI PLE OF THE JUDICI AL PLEAD ING f) Before giving eviden ce in a trial, the witnes s must say the ............ , the wh ol e .. . . a nd no thi ng .b ut th e .. . . j

ces using the antonyms of the following words: limited, silence, true, serious, permanent, relative

4. Use the following expressions in - 1o give evidence - to tell the truth - to pass something over in silence - judicial proceedings 5. Write

sentences: ,

the summary of the lesson. meanings can you find to these words?

6. How many - sentence - firm

Re*"?1owyer, pleaatng/'fu^iw^u^t^S ^Tih^boSlsnfWh, accord,

fact, exact, regarding, reality Establish the adequate title. 8. Comment on: It takes a good shovelful of earth to bury the truth.

7. Write a p^'ra^raph^ohTpdsition using the following:

MB**

Iff i

READING PRACTICE C H A R T IS M A N D T H E N E W P O O R L A W

3. M
ak e se nt en

The history of the chartist movement (1838 - 1848) is really an illustration of this. It is usual to point out that, when payment of MP's was authorised in 1911, all the six political points of the Charter had been in principle conceded, except the not very sensible proposal for general'elections to be held annually. But William Lovett and Feargus O'Connor, the two principal leaders - both of whom were sent to prison during the period of agitation - and the bulk of their followers wanted something more than manhood suffrage, vote by ballot and other changes in electoral procedure. They aimed at getting a different kind of MP, the sort of member who had first experience of sufferings of the

UNIT

6
work the control of the town councils, which had been reformed and put on an entirely new basis in 1835. Local government was a second point at which the law affected the life of the workers, especially in the new industrial towns, for the law intervened to restrict within narrow limits the improvements which a council could provide for the town it served. Adapted from "British Life and Civilization", by Livia Deac ; Adrian Nicolescu

being completed in 1 91 1, the Chartist demands in this sense only began to be considered after 1906, the year in which Members of Parliament of a new social type first appear in significant numbers. The social reform which the Chartists advocated, were often vaguely described as impracticable and inconsistent with each other. But they were certainly united in their outcry against the new poor relief system of 1 834. Joseph Naylor Stephens, a Wesleyan minister turned into a Chartist agitator called it "this damnable law", which violates all the laws of God". Yet the law which bore more hardly upon the lives of the workers was left unaltered throughout the Queen's reign. The Poor Law of 1 834 stopped the Speenhamland systems of rates in aid of the wages by trying to abolish outdoor relief. If the poor needed help, they were let to come to the workhouse for it. If they came to the workhouse, they found that the help they got - food and shelter for themselves and their families - was administered in such a strict, mean and humiliating fashion that people would rather die than become paupers. If they would not become paupers, than they must either find a job, however hard and poorly paid, or emigrate, or die. In spite of Dickens' "Oliver Twist" and in. spite.:of OhartisLagitation, the-grim new workhouses remained the typLcaLb.ujldings.olyktprian England. Outdoor relief was never wholly abolished, especially in the case of the aged, and after about 1 870 the principle of abolition survived chiefly in rural areas. Some relieving officers and workhouse masters administered the law in a kindlier spirit than others, and the workhouse infirmary, where the sick law, gradually took on more the character of a hospital than a place of punishment. But the fear of the workhouse remained one of the biggest factors in creating and maintaining the habits of hard work, thrift and adaptability. Whole families would move about the country, on foot if necessary, in search of employment - which made what the books call our Labour Force so efficient an instrument for creating wealth. The supervision of the Poor Law, at first entrusted the commissioners, was the main task of a new government department set up in 1871. This wasthe Local Government Board, having as its other

% Eloquence is the art of beautifully, enthusiastically, thriliing and conevincing speaking.

|f

Judicial eloquence speeches or orations must be distinguished by very serious

f ' i In trials or instances regarding the commitment of serious offences,

argumentation. In border to obtain the forgiveness of the judge, the accused must attract the attention of the audience and generate powerful emotions. We call a good speech P that which connects the public speaker and the listener. This masterstroke upon con-fsists rules, of various staving ways If-off of the persuasion, remarks, comments the

hypothetical impediments and bewilderment. In fact, the whole pleading with a logical background has a subtle and touching demonstration.
Fa
t,-'.'

i Demonstrative eloquence

ft;. There are many cases in which the demonstrative speech is expressed. Ilsocrate, the founder ghimself of by a school his of rhetoric which in Ancient Greece real distinguished speeches, represented

masterpieces. Panagiric and | About Panatheene celebrations would be

some examples of these. He used a 1 very delicate style, a juicy and nonpretentious vocabulary, hcrmonious sentiences with figures of speech, an equal and eloquent rhythm and a poetry of j-JJiwords loaded with maximum emotional value. |: Latin eloquence represented

Another outstanding figure of Roman culture and civilisation was Cicero,

I'

famous for his rare qualities of the perfect orator. As he stated,

'an orator must

have the logician's sharpness of mind, the thinking of

the philosopher, the | poet's way of expressing his thoughts, the jurist's memory, the tragedian's K voice and, above all, the gesture of a famous actor".

The Romans created an original rhetoric, whose outlines were

by the orientation to pragmatism and Stoic philosophy, as

they had roots and t developed the presocratic and isocratic tradition.

NIT
7 Quirvilian, the greatest rhetor, master and expert, defined oratory as the art of eloquence and the orator was "a good man speaking well". His lectures about rhetoric were well known and highly appreciated at that time. In Quinfiliar's work we can find out the basic features of the ideaj advocate: sincerity, sensibility, morality, modesty. He has to be kind, but not familiar; he has to give the proper advice knowing what was all about, not to be passionate, not tc get angry, but to be calm, to keep his interior equilibrium and, more, to be impartial.

ELOQUE NCE

original I outlines (pragmatism [stoic philosophy

feature

equilibrium ^impartial

innate, initial; that has served as pattern main features doctrine thai estimates any assertion solely by its practical bearing upon human interests making virtue the highest good, concentrating attention on ethics and inculcating control of the passions and indifference to pleasure or pain (school founded in Athens, 308 BC by Zeno) distinctive or characteristic part of something or somebody state of balance; neutrality of judgement unprejudiced

3 BASIC VOCABULARY. IDIOMS:

eloquence speech argumentation oration orator audience to generate masterstroke masterpiece persuasion remark to stave cff bewilderment demonstration demonstrative founder
= fluent, forcible and apt use of language = public address = methodical reasoning = a formal public declaration or speech; discourse = eloquent public speaker; the person who makes a good speech '* = persons within hearing; assembly of listeners = to bring into existence = surpassingly skillful act = consummate piece of workmanship = persuading, persuasiveness, conviction = a written or spoken comment, anything said = to avert, to ward off = perplexity = outward exhibition of feelings, of opinion, logically proved = serving lo poinl out or to exhibit = one who founds institutions

rhetoric rhetor

= the art of persuasive and impressive

speaking

= Ancient Greek or Roman teacher or professor of rhetoric; rare, orator = fact handed down from ancestors to posterity

tradition

iE

SYNONYMS
'orator = public speaker oration - discourse to generate -= to produce cl emency=-m ercy master = teacher stave off = to avert, to ward off, to defer impediment = obstruction bewilderment = confusion ideal = perfect impartial = fair

well bad favourable unfavourable, disadvantageous pretentious - nonpretentious equal - unequal rare - numerous famous unknown calm - anxious interior exterior impartial - prejudiced

ANTONYMS

COMPREHENSION EXERCISES
i

III

READING PRACTICE

1. /Answer the questions:

5. Use the following words in sentences of your own: eloquent; clemency; thrilling; founder; favour; persuasion; impediment; support; famous; impartial; to get angry; quality
6. 7.

1. 2. 3. 4. 5. 6.

What do the orators try to do during their speech? How do they succeed in doing this? What was Isocrate's style like? What are the characteristics of Latin eloquence? Describe the perfect orator in Cicero's version. How is Quintilian's vision different from thai of Cicero?
i

Characterize the ancient orator that you like best. Comment on: heart and your A liar mind is bring you not believed

Your I 1

1 when

eloquence.

he spcake the truth.

2. Give 3. Fill
a) of a

a short account of the text in not more than 100 words.

I"

ANGLO-SAXON GOVERNMENT
The corner-stone of Government in the Saxon society was the king.

in the blank spaces with the missing words: An.............must have the logician's sharpness of mind, the thinking the ............ 's way of expressing his thoughts, the .......'s memory, the ............'s voice and, above all, ihe gesture of a famous . . . A good .......must connect the public speaker and the..................... was the founder of a school-of-rhetoric in Ancient defined the orator as "a good man speaking well".

Although there were certain reins of his power controlled by the V/itan (in f. full VVitenagemot, a council of 'wise men' chosen from the aristocracy), this f council should not be seen as any sort of democratic Parliament. True, it was I responsible for the election of the king - qualification for kingship of the royal I family and the Witan chose from within that membership the most suitable $ successor, not necessarily the son of the previous king - and also advised him long run the king, once elected, .vas free } : t o act much as he chose. Successful rule, then, depended greatly on the personality of the ki ig, who, I to begin with, had no fixed court, but travelled around with his follower., mainly pin order to collect his rents, which, being paid in food, had to be eaten on the 1 spot. A king of no fixed abode, he could summon his Witan when he required pit ( t o approve new laws, for example) to whichever real estate he
on

b)

c)............
Greece;

matters of government, but in the

d)............
4.

Translate into English:

a) b) c) d) e) f)

Cicero a fost o persanalitate a reloricii romane. Pledoaria avocatului a fost perfects si la obiecl. Procurorul s-a dovedit a fi foarle inteligenl. Discursul judiciar trebuie bine pregdtit. Avocatul trebuie sa fie bine informal pentru apararea inculpatului. Prietenii comenteazd verdictul. Au spus ca judecata nu a fost

corecld.

happened fcbe occupying at the time.

to . ...

|; * Later, as kingdoms became bigger, royal representatives were created to |. administer local justice. These, earldormen attended and supervised the I' meetings of the local court and the process whereby the handling of regional |; affairs passed from the freemen to the king, was under way. and By the time of the Norman Conquest this process was so complete royal purposes that William made little attempt to

remained the folk-moot, which met three times a year, attended by every citizen (in theory, at least), in the open air on the highest ground in the city - beside St. Paul's Cathedral.

LAW AND O RDER

On the basis there is the Saxon law of compensation to the injured party by payment of his 'wergild' to his kinsfolk. Some crimes were considered, of course, beyond compensation witchcraft/arson and'predictably/treachery' to one's lord or king. The punishmenrferrthis wasdncmging'.'Bui in the'Orirrfes of" the first category, it was legal for the kindred to refuse payment of the wergild and take revenge into their own hands. This meant, of course, retaliation of the kindred of the original criminal and the blood feud thus embarked on could continue for many years. Later k ngs tried to stamp out his practice with his inherent danger that a kindred might grow too powerful and set itself above the law. But passing laws is one thine. ensuring they are observed is another, especially in an age v/hen a police source as we know it was non-existent. Maintenance of law and order was in the lands of people themselves. That it worked at all shows the genius for cooperation that the Saxons possessed. When a crime was committed there followed a hue and cry' - all freemen were called out to pursue and catch the criminal. ' Once captured, the criminal was brought to trial - a trial that bore little resemblance to the court procedures today. It was, in fact, a Trial by Ordeal, provided, this is, the accused failed to get through the early stages which consisted in swearing on oath - 'By the Lord, I am not guilty of the act or pact in the crime with which I am charged - backed by his helpers' who swore, 'By the Lord,the d erendant'soath is true and not false'. This

change it, so well l ; society.

In e ffic ie n t for

d i d it

to strengthen his hold of the country as a

whole and enable him to ^establish a firm feudal superstructure on

|V - The

old popular assemblies remained in existence - the 'hundred'

(most | likely, to begin with any rate, meetings of groups of a hundred families); above H this, the 'shire-moot'; and above this still, the 'folkmoot' - but these moots or ill courts, were r*ow controlled by the king's officers. The shire-reeve (the origin of | the present-day sheriff) was one of the most vital figures in the system, personi-H fying royal authority to lord and peasant alike, delivering the king's writ and , ensuring his wishes were carried out in the area. |.-; This process of change in local government was a slow gradual one, only I clearing Danish inve r

i n outline in the s io n s undoubtedly

10-th and 11-th centuries, when the added impetus to

it,

hustling the

development of this near . feudal state by forcing the poor into the hands of the lord. In addition many of

U NIT

the institutions of government were most likely Danish innovations. We have already noted the 'husting'; it may be that the 'hundred' (in Danish areas, the 'wapentake') was likewise a Danish introduction, or at least a refinement of an earlier Saxon idea. In London, by the end of the Saxon period, local government was much more complex, with a larger number of courts, one for each of the wards into which the city had been divided. There were also the 'sokes', privileged areas that came jnder private jurisdiction. But public authority was the general rule, and the court of highest authority

was preceded by an oath made by th? accuser, swearing that he was justified in bringing the charge, if ELOQUENCE; U

m
|f n js was successful and the defendant's was not, the Trial by Ordeal com- ^enced. p In the ordeal by fire, the accused took a bar of red-hot iron in his hand and f-v/dlked for a fixed distance, or he walked over red-hot ploughshares set un-

' I

equally apart. In the ordeal by water, he

plunged his hand into boiling water to

^J r aw out a stone. The part

affected was wrapped in linen (in Christian times,

Iby

priest) and if

on removal after three days the wound was healed, the faccused was found not guilty. The idea behind the Ordeal was that in heaven

P'might intervene the pass-judgement.

Maintenance of law and order remained for a long time the task of the 1 people themselves, co-operative but unorganised. The first appearance of any- Ithing resembling a police force seems to have been made in London in the sfearly 10-th century where a peace-gild was formed. Composed of groups of iCten men, combining to form groups of one hundred under a headman, its aim ?was n ot only to create more organised action against criminals, but- also to t rmake available out of the common property of the gild money to compensate phe injured party. It was a police 'force', then, but it remained a voluntary j|/organisation run by the people, not a staterun institution.

i;

From "The Conqueror's London",

by Derek Brechin