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TEMATICA PENTRU EXAMEN - ENGLEZA

I. Din primul curs - "Communication and legal language Introduction & Overview"
1. Definitia comunicarii in general - slide 4

Communication is the sending of a message from a source to a receiver.

2. Trasaturile comunicarii (enumerare)- slide 7

ubiquity (impossible to avoid; a central feature of human culture);

continuous (there is no identifiable beginning or end to it);

dwells on shared meaning (interaction entails and is a quintessential condition for


communication);

has predictable elements (ensures the understanding of communication partly due to the
existence of expected/conventional elements that people anticipate and recognize);

organized on levels (btw. two individuals/groups of individuals/mass media and its audiences);

equality vs. inequality (people inhabit different social and personal positions on gender, age, ethnicity,
etc. basis -> theories of power relations).
3. Communication skills - slide 8

oral= presentation,audience awareness,critical listening,body language


written=academis writing,revision and editing,critical reading,presentation of data
non-verbal=audience awareness,personal presentation, body language

4. Definitia feedback-ului - slide 16

feedback: all the verbal and non-verbal messages sent back and forth between sender and
receiver as communication proceeds.

5. Planning your message - slide 22

Understand your objective. Why are you communicating?

Understand your audience. With whom are you communicating? What do they need to know?

Plan what you want to say, and how you'll send the message.

Seek feedback on how well your message was received.

When you do this, you'll be able to craft a message that will be received positively by your
audience.

Good communicators use the KISS ("Keep It Simple and Straightforward") principle.
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6. Choose the right channel - slide 26

Using email to send simple directions is practical. However, if you want to delegate a complex
task, an email will probably just lead to more questions, so it may be best to arrange a time to
speak in person so that you can judge the impact of your words and adjust these appropriately.

The sensitivity and emotional content of the subject.

How easy it is to communicate detail.

The receiver's preferences.

Time constraints.

The need to ask and answer questions.

7. Active listening - slide 27

To be a great communicator, you also need to step back, let the other person talk, and just listen.

This doesn't mean that you should be passive. Listening is hard work, which is why effective
listening is called active listening.

Look at the person.

Pay attention to his or her body language.

Avoid distractions.

Nod and smile to acknowledge points.

8. The development of legal language ( de citit si de prezentat in 10 randuri) - slide 34-43

The language of lawyers is so convoluted because of the conservatism of the profession and its
veneration of history and tradition. Legal English is in a product of its history. It is a story of
Anglo-Saxon mercenaries, Latin-speaking missionaries, Scandinavian raiders, and Norman
invaders, all of whom left their mark not only on England, but on the language of its law. The
Anglo-Saxons have develop a type of legal language, remnants of which have survived until
today. Examples include words like bequeath, goods, guilt, manslaughter, murder, oath, right,
sheriff, steal, swear, theft, thief, ward, witness and writ. They have used not only Old English
as a legal language, but also Latin. Before long, Latin was the language not only of the church,
but of education and learning. Because it was the main language of the profession for so many
centuries, French has had a tremendous influence on legal language. A vast amount of legal
vocabulary is French in origin, including such basic words as appeal, attorney, bailiff, bar, claim,
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complaint, counsel, court, defendant, evidence, indictment, judge, judgment, jury, justice, party,
plaintiff, plea, plead, sentence, sue, suit, summon, verdict and voir dire. Things were similar in
the United States. Despite initial antipathy in the colonies towards the legal profession, the
Americans soon realized that they needed to develop a system of justice. The only real model at
their disposal was the English one. The fledgling American states adopted not only England's
common law, but its language as well. American legal language ended up being very similar to
its English parent.
II. Non-verbal Communication. Lawyer-Client Interaction
1. Definitia si cele 3 elemente ( enumerare) - slide 4
Non-verbal communication, such as facial expressions, gestures, posture, and tone of voiceis
an important component of most human communications.
There are three main elements of nonverbal communication:

appearance,

body language,

sounds.

2. The importance of non-verbal communication for a lawyer + exemple - slide 9 -15


Non-verbal communication can make or break a lawyer. You should use non-verbal
communication to give credibility to your appearance in court while arguing a matter. In
other words, your body language, attitude, clothes, and so on can help you on your route to
success, or it can be the reason for your failure as a lawyer. EX:
Clothes= You need to dress professionally. People expect their advocate or attorney
to look like an advocate or attorney. Dress for success!
Body language= Your body language must complement your professionalism. Act
with confidence. Never lie on your backside during a consultation or interview
neither in court. Sit up straight.
Eye contact = Look the judge or magistrate in the eye when you make your
submissions. Do not fidget with papers while speaking be prepared! Look the
accused or a witness in the eye when you ask them questions. Show respect to
everyone.
Tone of voice= Vary your tone of voice. Speak loud enough so that everyone can
hear you, especially in court. Speak louder when you want to emphasise something
and a little bit softer when you want to create atmosphere.

3. Functiile unui interogatoriu - slide 18


To establish the interpersonal dimensions of the lawyer-client relationship;
To identify the issues and obtain sufficient detailed information to advance the matter;
To determine the clients objectives, and so far as possible, advise accordingly;
To prepare the way for further action on behalf of the client.
4. Ways of listening - slide 34-37
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Listening for facts= You listen for facts, and analyse what you hear
Think about the topic before attending the lecture/conducting an interview.
Read about the topic before attending the lecture.
Listen for main arguments.
Note which arguments support the main ideas.
Listening while taking cognisance of feelings= This way of listening is extremely
important for a lawyer. This is an even more active process as you also listen for what is
being felt.
Do not judge the speaker.
Use non-verbal communication to help the speaker relax and to trust you.
Do not interrupt the speaker.
Avoid disturbances like phone ringing etc.
Do not quote examples from your own life.
Do not give advice unless you are asked for it.
Once the person is finished make a summary of what he/she said

III. Barriers to Communication


1. Sa stim tipurile de bariere + sa le explicam in cateva randuri - slide 3-6
Physical barriers: marked out territories, empires and fiefdoms into which strangers are not
allowed,closed office doors, barrier screens, separate areas for people of different status,large
working areas or working in one unit that is physically separate from others.
Perceptual barriers: The problem with communicating with others is that we
all see the world differently. If we didn't, we would have no need to
communicate: something like extrasensory perception would take its
place.
Emotional barriers: One of the chief barriers to open and free communications is the
emotional barrier. It is comprised mainly of fear, mistrust and suspicion. The roots of our
emotional mistrust of others lie in our childhood and infancy when we were taught to be
careful what we said to others.
Cultural barriers: When we join a group and wish to remain in it, sooner or later we need
to adopt the behaviour patterns of the group. These are the behaviours that the group accept
as signs of belonging.
The group rewards such behaviour through acts of recognition, approval and inclusion. In
groups which are happy to accept you, and where you are happy to conform, there is a
mutuality of interest and a high level of win-win contact.

2. High-context cultures and low-context cultures - slide 14

High-context cultures (Mediterranean, Slav, Central European, Latin American, African,


Arab, Asian, American-Indian) leave much of the message unspecified - to be understood
through context, nonverbal cues, and between-the-lines interpretation of what is actually
said.
Low-context cultures (most of the Germanic and English-speaking countries) expect
messages to be explicit and specific. The former are looking for meaning and understanding
in what is not said - in body language, in silences and pauses, and in relationships and
empathy. The latter place emphasis on sending and receiving accurate messages directly, and
by being precise with spoken or written words.

3. Language barriers - slide 23


Language that describes what we want to say in our terms may present barriers to others who
are not familiar with our expressions, buzz-words and jargon. When we couch our
communication in such language, it is a way of excluding others. In a global market place the
greatest compliment we can pay another person is to talk in their language.
4. Gender barriers - slide 24
There are distinct differences between the speech patterns in a man and those in a woman. A
woman speaks between 22,000 and 25,000 words a day whereas a man speaks between 7,000
and 10,000.
To a woman, good listening skills include making eye contact and reacting visually to the speaker.
To a man, listening can take place with a minimum of eye contact and almost no nonverbal feedback.
(Women often cite a lack of eye contact as evidence that their male boss "doesn't value my input.")
Men are more comfortable when approached from the side. Women prefer approaches from the
front. Likewise, two men speaking will angle their bodies slightly, while two women will stand in a
more "squared up" position - a stance that most men perceive as confrontational.
When a man nods, it means he agrees. When a woman nods, it means she is listening.
IV. Drafting Legal Documents
1. Action verbs - slide 14
These are called action verbs
They are called "nominals" - nouns with verbs inside. They are hard to read and make sentences
longer. Action verbs are shorter and more direct.
Shall= imposes an obligation to act, but may be confused with prediction
of future action
Will= predicts future action
Must= imposes obligation, indicates a necessity to act
Should= infers obligation, but not absolute necessity
May= indicates discretion to act
May not= indicates a prohibition
2. Present tense - slide 17
. Use the present tense. A regulation of continuing effect speaks as of the time you apply it, not as of
the time you draft it or when it becomes effective. For this reason, you should draft regulations in the
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present tense. By drafting in the present tense, you avoid complicated and awkward verb forms.
DON'T SAY: The fine for driving without a license shall be $10.00.
SAY: The fine for driving without a license is $10.00.
3. Avoid noun sandwiches - slide 35
Avoid noun sandwiches. Administrative writing uses too many noun clusters -- groups of nouns
"sandwiched" together. Avoid these confusing constructions by using more prepositions.
DON'T SAY: Underground mine worker safety protection procedures development.
SAY: Development of underground procedures for the protection of the safety of mine workers.
OR MORE LIKELY: Development of procedures for the protection of the safety of workers in
underground mines.
4. Gender-specific terminology - slide 37,38,39,41 + exemple
Don't use gender-specific terminology (the previous table)
DON'T SAY: The administrator or his designee must complete the evaluation form.
SAY: The administrator or the administrator's designee must complete the evaluation form.
Write short sentences. Readable sentences are simple, active, affirmative, and
declarative.
The more a sentence deviates from this structure, the harder the sentence is to
understand.
Long, run-on sentences are a basic weakness in legal documents.
Legal documents often contain conditions which result in complex sentences with
many clauses.
The more complex the sentence, the greater the possibility for difficulty in
determining the intended meaning of the sentence.
Solutions
State one thing and only one thing in each sentence.
Divide long sentences into two or three short sentences.
Remove all unnecessary words. Strive for a simple sentence with a subject and verb.
Eliminate unnecessary modifiers.
If only one or two simple conditions must be met before a rule applies, state the conditions
first and then state the rule.
Use short paragraphs. A writer may improve the clarity of a regulation by using
short, compact paragraphs. Each paragraph should deal with a single, unified topic.
Lengthy, complex, or technical discussions should be presented in a series of related
paragraphs.
Examenul va contine 3 subiecte din cele prezentate mai sus si inca 2 subiecte din primele 3 unitati din
carte : ex. 4 pag. 11; ex.2 pag. 14; ex.1 pag 16; ex.2 pag 17; ex.5 pag 17; ex. 2 si 3 pag 23;

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