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UNIT I

HISTORY OF LEGAL CODE


What fields were covered by the laws issued by Hammurabi ?
They covered crime, divorce and marriage, the rights of slave owners and slaves,
the settlement of debts, inheritance and property contracts; there werw even
regulations about taxes and the prices of goods.
Do you think punishments for different offences were fair?
I think that the punishment for various offenses were not correct, too cruel and
inhuman.
What is the origin and the meaning of the term Draconian ?
Draco drew up up Greeks first written code of laws, under Dracos code death was
the punishment for most offenses. The term Draconian usually applies to
extremely harsh measures.
Comment on the principle of an eye for an eye and a tooth for a tooth
This principle allows the criminals to be punished in the same way proceeded with
the victim, by the victim herself or his relatives if the victim was beaten, the
offender was to be beaten, in case of death, the same punishment.
CONSTITUTION
When was the US Constitution adopted?
The Constitution was adopted on September 17, 1787.
Which are the three branches of the national government?
Three branches of the national government: a legislature, the bicameral Congress;
an executive branch led by the President; and a judicial branch headed by the
Supreme Court
What is the first oldest constitutional document still in use in the world?
The first oldest constitutional document still in use in the world is the 1600 Statues
of San Marino
How many amendments does the constitution have and how are the first ten called?
It has been amended twenty-seven times, the first ten amendments are known as
the Bill of Rights.
When was the Moldovan Constitution adopted?
On July 29, 1994 the Moldovan Parliament adopted the new Constitution of Moldova,
which came into force on August 27, 1994.
What does the Constitution primarily contain?
The Constitution defines the structure of the government of Moldova, the right and
duties of the countrys citizens , the procedure for passing laws ad specifies the
principle of separation of powers and balance of the legislative, executive and
judicial powers.
What is the Judicial branch composed of?
The Judicial branch is composed by ordinary Courts, Courts of Appeal and the
Supreme Court.

What does civil law tradition mean?


The Moldovan legal system belongs to the civil law tradition, under which, typically
only the Constitution and other statutory legislation constitute a source of law.
UNIT II
LEGAL PROFFESION IN UK AND USA
Where would you go for legal advice?
I would go after legal advice to a lawyer who knows the laws and I certainly could
help
What kinds of probationary stages are lawyers required to go through?
To practice as a lawyer it is necessary to get a university degree in law, degree may
be insufficient, professional examination must be passed, the main requirement is
to pass the Bar Final Examination or the Law Society Final examination, after
passing the examination a lawyer is not necessary qualified, a solicitor in England
must spend 2 years as an articled clerk, during which time his work is closely
supervised by a experienced lawyer, and he must take further courses, a barrister
must spend similar year as a pupil.
What are the main differences between barrister and solicitors?
A solicitor is usually the first person that a member of the public will go to with
their legal problem. A solicitor will often refer the work to a barrister for specialist
advice or to appear in court to represent the client. It is also possible for certain
solicitors to appear in court as advocates, if they have higher rights of audience.
The judiciary is drawn from both branches of the profession.
Does a degree in law guarantee access to the profession?
Degree may be insufficient, professional examination must be passed, the main
requirement is to pass the Bar Final Examination or the Law Society Final
examination, after passing the examination a lawyer is not necessary qualified, a
solicitor in England must spend 2 years as an articled clerk, during which time his
work is closely supervised by a experienced lawyer, and he must take further
courses, a barrister must spend similar year as a pupil.
What is the difference between the legal proffesions in USA and UK?
Lawyers in America who work in the corporate law firms share less of their
professional lives with the judges than do the English bar, in England, legal
argument is an oral dialogue between the barrister and the judges, bur American
appellate work is much more depersonalized.
What are the distinctive features of the English bar?
The distinctive features of the English bar: First, their very small number, their
centralized structure and their homogeneity. Secondly, their relationship to the
bench. Thirdly, their orality of appellate proceedings. Fourthly, their traditions of
competence and integrity and the degree to which they are expected to have
regard to the public interest as well as their clients interests.
THE AMERICAN LEGAL PROFFESION

What are the main roles of the lawyers in factual investigation?


The main roles of the lawyers require the investigation of relevant facts, including
locating and interviewing witnesses.
What does the art of negotiation involve?
The art of negotiation involves many techniques individual to particular attorneys
and the circumstances.
What are the rights of the client in the negotiation process?
The client always retains the right to accept or reject a settlement negotiated or
offered by the opposing party.
State the main differences between the American and English legal profession
In England, the legal profession is divided between office lawyers (solicitors) and
courtroom lawyers (barrister). In USA there is no division of the profession, and a
lawyer does both office work and courtroom work.
JUDGES AND JURY IN GREAT BRITAIN
How are the vast majority of judges called in Britain?
Magistrates
What is the difference between High Court of Judges and Magistrates?
A small portion of judges are not magistrates, they are called High Court of Judges
and they deal with the most serios crimes. Magistrates are selected by special
committees in every town and district.
Who appoints senior judges to the Court of appeal and the High Court?
Senior appointments to the Court of Appeal and the High Court are made by the
Queen following the recommendation of the Prime Minister.
What body is responsible for the training of judges, lay magistrates and members of
tribunals in England and Wales and what is its function?
The Judicial Studies Body (JSB) is responsible for training of judges, lay magistrates
and members of tribunal.
What kind of sentences can judges give in civil courts?
Judges in civil courts can commit to imprisonment (28 days- 6 months) or give a
suspended sentence.
What is a jury?
A jury is a body of lay men and woman randomly selected to determine facts and to
provide a decision in a legal proceeding.
How were cases resolved before jury system emerged?
Before jury system emerged cases were resolved by ordeals, in which it was
believed God intervened, revealing the wrongdoer and upholding the righteous
Why was there a need for jury system?
The Catholic Church decided that trial by ordeal was superstition and priests were
forbidden to take part, a new method of trial was needed, and the jury system
emerged.

What was the function of the first juries?


A jury was convened only to say the truth on the basis of its knowledge of local
affairs.
How did the function of the jury change through the centuries?
In the 14 th century the role of the jury finally became that of judgment of evidence.
By the 15 th century trial by jury became dominant mode of resolving a legal issue.
It was not until centuries later that thejury assumed its modern role of deciding
facts on the sole basis of what is heard in court.

JUDGES AND JURY IN THE USA


Why have Americans always feared the jury service?
For Americans, serving jury duty has always been a dreaded chore. There is plenty
of history behind this fear.
In what conditions were jurors kept in colonial days? Why?
In coloial days jurors were locked in a small room with no ventilation and were
denied food and water in an attempt to inspire a quick verdict.
How has trial procedure changed through the years?
Trial lawyers have tried tochange the boredom by replacing endless hours of
testimony with computer animation, video reconstructions, color chart and graphics
to better explain the evidence.
Why is the right to a jury trial considered to be so important for the U.S. citizens?
The judicial system depends on juries. The USA guarantees its citizens the right to a
trial by jury of their peers When summoned for jury duty, Americans should look
upon it as an opportunity to serve their country , their community, and their fellow
citizens.
JURY SERVICE- AN IMPORTANT JOB AND A REWARDING EXPERIENCE
What is the job of a juror?
The job of a juror is to listen to all the evidence presented al trial and to decide the
facts, that is, to decide what really happened.
What is the job of a judge?
The judge decides the law, makes decisions on legal issues that come up during
the trial.
What qualities should a good juror have?
A good juror do not need any special knowledge or ability. It is enough that you keep
an open mind concentrate on the evidence being presented, use your common
sence, and be fair and honest.
What requirements should one meet to be eligible for jury service?
To be eligible, you must be over 13 years of age, a citizen of USA, a resident of the
country in which you are to serve as a juror , able to communicate in English and if
you have been convicted of a felony, you must have had your civil rights restored.

What are the reasons for a person to be excused from jury service?
People who meet these requirements may be excused from jury service if they have
illness that would interface with their ability to do a good job, would suffer great
hardship if required to serve, or are unable to serve for some other reason.
What is a jury pool?
Jury pool is the group of people from which trial juries are chosen.
UNIT III
LAW. TYPES OF LAW.
Was any writtem law in med Eng?
-In early medieval England,there was no written law.
How was justie adm-red in early med Eng?
-Each feudal lord or baron administred justice personally.
What are the precedents?
-the rules of law,which were stated in these early cases,became
precedents(example) for settling future,similar case.
What is common law based on?
-com law- judge-made case law that has its origin in the traditions,customs & trade
practices of the people.
Who examines cases and pronounces judgment in the courts of equity?
-the chancellor would hear the case whitout a jury and would then give appropriate
relief.
What is the most important job of the MP?
-once mps take their seats in parliament their most import job is to make
legislation.
Where does the new legislation start in br?
-new leg in br ussually starts in the hous of lords.
What do the first and the second readings consist of?
-the 1 reading lets mps known that the Bill is coming up for discussion.the 2 reading
explains the purpose of the bill & the house has to vote on it.
What does the committee stage involve?
-this involves a small group or committee of about 18 mps looking in detail at the
bill and suggesting amendments.
What does the 3 readng involve?

-the bill goes to the 3 reading,which gives the H of C a chance to look again at the
bill as a whole.
Enumerate the stages through which a bill must pass during the consid of the H of
L?
-after 3 reading the bill is carried to the h of l.This second chamber can be very
useful. The h of l has the time to examine bills and make amendments. As in the
commons, the bill goes through a number of stages.The 1 reading introduces the
bill,the 2 explains it in more details,then it goes to the committee stage.Any lord
who is interested in the bill can take part in the discussion.This stage is followed by
Report stage and then the third reading,where the lords get their last chance to look
at the bill as a whole.
What is the cause of differences among legal systems in different states?
-the dif among legal systems exist because each of the original 13 states was
previously independent.
What is the constitutional law?
-is the supreme sources of law.
What is the statutory law?
the written law established by enactments expressing the will of thelegislature, as d
istinguished from the unwritten law or common law.
What is the administrative law?
Thebody of rules and principles that governs the duties and operationsof federal or
state administrative agencies, as commissions andboards.
What is the case law?
-law established by judicial decisions in particular cases, instead of bylegislative acti
on.
What is the main function of criminal law?
-to protect the interests of the public.
What is the main function of tort law?
-to provide a harmed person whith redress for the loss they have sustained.
UNIT IV EUROPEAN UNION LAW
How many countries are members of the EU?
28
What do the stars of the EU flag symbolize?
The 12 stars in a circle symbolize the ideals of unity, solidarity and harmony among
the peoples of Europe.

What was the aim of the creation of the EU?


The EU is set up the with the aim of ending the frequent and bloody wars between
neighbours. Its aim was to bring about economic integration, including a common
market, among its six founding members: Belgium, France,Italy, Luxembourg,
the Netherlands and Germany.
What does the EU promote through its politics?
The EU actively promotes human rights and democracy and has the most ambitious
emission reduction targets for fighting climate change in the world.
Name the six founders of the EU
Its six founding members: Belgium, France,Italy, Luxembourg, the Netherlands and
Germany.
What are the four freedom ?
The four freedom is : movement of goods, services, people and money.
Where does the name Schengen come from?
The name Schengen come from a small village in Luxemburg.
UNIT V POLITICAL SYSTEM OF THE UK AND USA

PARLIAMENT AT WORK
How many members does the House of Commons consist of?
The House of Commons consist of 650 ELECTED MPs.
What is the main purpose of the House of Commons?
The main purpose of the House of Commons is to make laws of the land by passing
various Acts, as well as to discuss current political issues.
Whom are all speeches in the House of Commons addressed to?
All speeches in the House of Commons addressed to the Speaker
Who is the presiding officer of the House of Commons?
The speaker is the person who is elected at the beginning of each new Parliament to
preside over the House and enforce the rules of order.
What qualities should the Speaker possess?
The Speaker must be a person with a rare mix of qualities: he has to be able to cope
with the difficult task of conducting debates, be respected for impartiality possess a
sound knowledge of parliamentary procedure, have tact .
What does the Work of the House of Commons include?
The House of Commons is the main place where legislation and other decisions of
government are criticized. Its work includes the following: Legislation : the House
spends nearly half its time making laws. Controlling finance: before the Government
can raise or spend money, it must have permission from the House of Commons.
Scrutinizing the Government by asking questions, by holding debates and by
committee work.
THE HOUSE OF LORDS

How many members does the House of Lords consist of?


There are 750 members
Who are the members of the House of Lords?
They are an unelected group of people who have either inherited their seats or have
given by the Government. Archbishops; Bishops- elected hereditary
Who is the Lord Chancellor?
The Lord Chancellor sits in the middle and supervises debates. He sits on the wool
sack, a seat wich contains wool from all the Commonwealth countries
Enumerate the functions of the Lord Chancellor
The Lord Chancellor sits in the middle and supervises debates
What does the wool sack signify?
A seat wich contains wool from all the Commonwealth countries
What does the work of the House of Lords include?
The work of the House of Lords includes : a) Legislation: reviewing and giving
further consideration to Bills. b) Examining European proposal. C) Examining the
work of the Government by debate.

GOVERNMENT
What is Government?
The Government is a body of ministers who are responsible for the administration of
national affairs.
Who are the ministers?
The ministers are the leading members of the political party which wins a majority
of seats in Parliament.
Who are the ministers appointed by?
The ministers are appointed by the Queen on the recommendation of the Prime
Minister.
Who is the Prime Minister?
The Prime Minister is the leader of the party with a majority.
Who is the Prime Minister appointed by?
The Prime Minister is appointed by the Queen.
How many senior ministers compose the Cabinet?
The most senior ministers, usually about 20 in number, 21 at the moment,
compose the Cabinet
What do you understand by Shadow Cabinet?
The opposition party which is not currently in power, under the direction of its
leader forms a Shadow Cabinet
US POLITICAL SYSTEM

What branches does the government of the USA consist of?


The government of the USA consist of the executive branch and the judicial branch.
Who does the highest executive power belong to?
The President is the head of the executive branch of the goverment
Who represents the legislative power in the USA?
Supreme legislative power lies with Congress which consists of a Senate or upper
House and a House of Representatives
What is the judicial branch of the government? What is its job?
The judicial branch of the government is headed by the Supreme Court which
settles disputes between the states. The Supreme Court may veto any law passed
by the Congress if it contradicts the Constitution of the USA

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