Legal Systems

Moise Maria Mdlina

III TIT 2 Traducere i interpretare
Englez German
Prof. Daniela Ionescu



RULES AND REGULATIONS
SEC. 2000e-12. [Section 713]
(a) The Commission shall have authority from time to time to issue,
amend, or rescind suitable procedural regulations to carry out the
provisions of this subchapter. Regulations issued under this section shall
be in conformity with the standards and limitations of subchapter II of
chapter 5 of title 5 [the Administrative Procedure Act].
(b) In any action or proceeding based on any alleged unlawful employment
practice, no person shall be subject to any liability or punishment for or
on account of (1) the commission by such person of an unlawful employment
practice if he pleads and proves that the act or omission complained of
was in good faith, in conformity with, and in reliance on any written
interpretation or opinion of the Commission, or (2) the failure of such
person to publish and file any information required by any provision of
this subchapter if he pleads and proves that he failed to publish and file
such information in good faith, in conformity with the instructions of the
Commission issued under this subchapter regarding the filing of such
information. Such a defense, if established, shall be a bar to the action
or proceeding, notwithstanding that (A) after such act or omission, such
interpretation or opinion is modified or rescinded or is determined by
judicial authority to be invalid or of no legal effect, or (B) after
publishing or filing the description and annual reports, such publication
or filing is determined by judicial authority not to be in conformity with
the requirements of this subchapter.


EFFECTIVE DATE
SEC. 2000e-15. [Section 716]
[(a) This title shall become effective one year after the date of its
enactment.
(b) Notwithstanding subsection (a), sections of this title other than
sections 703, 704, 706, and 707 shall become effective immediately.
(c)] The President shall, as soon as feasible after July 2, 1964
[the enactment of this title], convene one or more conferences for
the purpose of enabling the leaders of groups whose members will be
affected by this subchapter to become familiar with the rights afforded
and obligations imposed by its provisions, and for the purpose of making
plans which will result in the fair and effective administration of this
subchapter when all of its provisions become effective. The President
shall invite the participation in such conference or conferences of (1)
the members of the President's Committee on Equal Employment Opportunity,
(2) the members of the Commission on Civil Rights, (3) representatives of
State and local agencies engaged in furthering equal employment
opportunity, (4) representatives of private agencies engaged in furtheringequal employment opportunity,
and (5) representatives of employers, labor
organizations, and employment agencies who will be subject to this
subchapter.





REGULI I REGLEMENTRI
SEC. 2000E-12. [Seciunea 713]
(a) Comisia are autoritatea din cnd n cnd de a elibera, modifica sau abroga regulamentele procedurale
adecvate pentru a duce la ndeplinire prevederile acestui subcapitol. Reglementrilor emise n
conformitate cu prezenta seciune trebuie s fie n conformitate cu standardele i limitele de subcapitolul
II din capitolul 5 din titlul 5 [Actul de procedur administrativ].
(B) n orice aciune sau procedur bazat pe orice practici presupuse locuri de munc ilegale, nici o
persoan nu se supune nici o rspundere sau pedeaps pentru sau pe evaluare a (1), comisiei de ctre
aceast persoan a unei practici ilegale de munc n cazul n care el susine i dovedete c actul sau
omisiunea invocat a fost de bun-credin, n conformitate cu, i bazndu-se pe orice interpretare scris
sau avizul Comisiei, sau (2), eecul de astfel de persoane s publice i s depun orice informaie
solicitat de orice prevedere a acestui subcapitol n cazul n care el susine i dovedete c acesta nu a
reuit s publice i s depun astfel de informaii cu bun-credin, n conformitate cu instruciunile,
Comisia a emis n acest subcapitol cu privire la depunerea de astfel de informaii. O astfel de aprare,
dac aceasta este stabilit, va fi o barier n aciunea sau procedura, n ciuda faptului c (A) dup un astfel
de act sau omisiune, o astfel de interpretare sau opinie este modificat sau anulat sau este stabilit prin
autoritate judiciar s fie invalid sau de nici un efect juridic , sau (B), dup publicarea sau depunerea
descrierea i rapoartele anuale, publicare sau depozitare este determinat de autoritatea judiciar a nu fi n
conformitate cu cerinele din acest subcapitol.



DATA INTRRII N VIGOARE
SEC. 2000E-15. [Seciunea 716]
[(a) Acest titlu va intra n vigoare la un an de la data adoptrii sale.
(B) Prin derogare de la litera (a), seciuni ale acestui titlu, altele dect seciuni 703, 704, 706, 707 intr n
vigoare imediat.
(C)] Preedintele trebuie, ct mai curnd posibil de la data de 02 iulie 1964 [intrarea n vigoare a acestui
titlu], s convoace una sau mai multe conferine n scopul de a permite liderilor de grupuri ai cror
membri vor fi afectai de acest subcapitol pentru a deveni familiari cu drepturile oferite i obligaiile
impuse prin dispoziiile acesteia, precum i n scopul de a face planuri, care vor duce la administrarea
corect i eficient a acestui subcapitol, atunci cnd toate dispoziiile acesteia devin efective. Preedintele
invit participarea la astfel de conferine sau conferine ai (1), membrilor Comitetului presedintilor
privind Oportuniti egale de angajare, (2), membrii Comisiei cu privire la drepturile civile, (3)
reprezentani ai statului i a ageniilor locale implicate n promovarea egalitii de anse de angajare, (4),
reprezentani ai ageniilor private angajate n oportunitate de angajare mai departe egal, i (5)
reprezentanii angajatorilor, organizaiile de munc i ageniile de ocuparea forei de munc, care vor fi
supuse acestui subcapitol.




Legal System in the United States of America

The Law System of the United States of America is a democratic system, based on the separation
of power.
The separation of power is a political doctrine which separates the executive, legislative and
judicial laws, in order to avoid the abuse of power. The judicial power is held by the Supreme
Court and inferior courts established by Congress. The judges are chosen by the President and
the Senate.
A Law of the United States in defined as any system of regulations to govern the conduct of the
people of a community, society or nation, in response to the need for regularity, consistency and
justice based upon collective human experience.
The way the Constitution is understood is influenced by court decisions, especially those of
the Supreme Court. These decisions are referred to as precedents. Judicial review is the power of
the Court to decide their constitutionality by examining the federal legislation, federal executive,
and all state branches of government. If found unconstitutional, they would be stroke down.
The Law of the United States consists in various codified and uncodified forms of law. The most
important in the Unites States Constitution. The Constitution is the foundation of the federal
government of the United States.The Constitution sets out the boundaries of federal law, which
consists of constitutional acts of Congress, constitutional treaties ratified by Congress,
constitutional regulations promulgated by the executive branch and case law originating from the
federal judiciary. Under its subordination there are four laws: constitutional law, statutory law,
administrative regulations and common law.
Common Law - The United States countries are heirs to the common law legal tradition of
English law. American judges, like common law judges elsewhere, not only apply the law, they
also make the law, to the extent that their decisions in the cases before them become precedent
for decisions in future cases. The common-law system prevails in England, the United States,
and other countries colonized by England. It is distinct from the civil-law system,which
predominates in Europe and in areas colonized by France and Spain.
State Law - The fifty American states are separate sovereigns, with their own state
constitutions, state governments, and state courts. States have delegated lawmaking powers to
thousands of agencies, townships, counties , cities, and special districts. And all the state
constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated
by local entities) are subject to judicial interpretation like their federal counterparts.
Federal Law - The United States Code is the official compilation and codification of the general
and permanent federal statutes. Many statutes give executive branch agencies the power to
create regulations, which are published in the Federal Register and codified into the Code of
Federal Regulations. Regulations generally also carry the force of law under
the Chevron doctrine.
Procedural Law - Procedural Law is the law that controls the procedure followed by courts and
parties to legal cases.
Criminal Law - The law of criminal procedure in the United States consists of different
constitutional case law that provide the foundation for the creation and operation of law
enforcement agencies and prison systems as well as the proceedings in criminal trials.
The Constitution of the United States was adopted on September 17, 1787 by delegates from
twelve of the thirteen states at a constitutional convention in Philadelphia, Pennsylvania and
became established on June 21, 1788, when New Hampshire became the ninth state to give its
assent. It went into effect on March 4, 1789.
Since the Constitution was adopted, it has been amended twenty-seven times. The first ten
amendments were proposed by the Congress on September 25, 1789. These first ten amendments
are known under the name of Bill of Rights. At seven articles and twenty-seven amendments, it
is the shortest written constitution in force.
The judicial review includes the power of the Court to explain the meaning of the Constitution as
it applies to particular cases. Over the years, Court decisions have changed the way many
constitutional clauses are interpreted, without amendment to the actual text of the Constitution. It
has been the case of governmental regulation of radio and television or the rights of the accused
in criminal cases.
The Constitution is interpreted, supplemented, and implemented by a large body of constitutional
law. The Constitution of the United States was the first constitution of its kind and it is an
example for the constitutions of other nations.





Legal System in Great Britain

The United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries:
England, Wales, Scotland and Northern Ireland. Some law applies throughout the whole of the
UK; some applies in only one, two or three countries.
Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have
their own legal systems, with considerable differences in law, organisation and practice. Most
modern legislation applies throughout Britain.
The law is divided into criminal law and civil law. The civil law regulates the conduct of people
in ordinary relations with one another. The distinction between them is reflected in the
procedures used, the courts in which cases may be heard and the sanctions which may be
applied.The principles and procedures of the Scottish legal system (particularly in civil law)
differ in many respects from those of England and Wales.
Scottish legal system: Criminal cases are tried in district courts, sheriff courts and the High Court
of Justiciary. The main civil courts are the sheriff courts and the Court of Session.
The Secretary of State for Scotland recommends the appointment of all judges other than the
most senior ones. He or she also appoints the staff of the High Court of Justiciary and the Court
of Session, and is responsible for the composition, staffing and organisation of the sheriff courts.
District courts are staffed and administered by the district and islands local authorities.
The legal system of Northern Ireland is in many respects similar to that of England and Wales. It
has its own court system: the superior courts are the Court of Appeal, the High Court and the
Crown Court, which together comprise the Supreme Court of Judicature. A number of
arrangements differ from those in England and Wales. A major example is that those accused of
terrorist-type offences are tried in nonjury courts to avoid any intimidation of jurors.
Northen Island legal system: The legal system of Northern Ireland is in many respects similar to
that of England and Wales. It has its own court system: the superior courts are the Court of
Appeal, the High Court and the Crown Court, which together comprise the Supreme Court of
Judicature. A number of arrangements differ from those in England and Wales. A major example
is that those accused of terrorist-type offences are tried in nonjury courts to avoid any
intimidation of jurors.
The legal system is administered by the courts in England and Wales, which rule on both civil
and criminal matters. English law is renowned as being the mother of the common law and is
based on those principles. English law can be described as having its own legal doctrine, distinct
from civil law legal systems since 1189. There has been no major codification of the law, and
subject to statute, the law is developed by judges in court, applying statute, precedent and
common sense to the facts before them, to give explanatory judgements of the relevant legal
principles, which are reported and binding in future similar cases (stare decisis).
Summary or less serious offences, which make up the vast majority of criminal cases, are tried in
England and Wales by unpaid lay magistrates - justices of the peace (IPs), although in areas with
a heavy workload there are a number of full-time, stipendiary magistrates. More serious offences
are tried by the Crown Court, presided over by a judge sitting with a jury of citizens randomly
picked from the local electoral register. The Crown Court sits at about 90 centres and is presided
over by High Court judges, full-time 'circuit judges' and part-time recorders.
Appeals from the magistrates' courts go before the Crown Court or the High Court. Appeals from
the Crown Court are made to the Court of Appeal (Criminal Division). The House of Lords is the
final appeal court in all cases.
Tribunals are a specialised group of judicial bodies, akin to courts of law. They are normally set
up under statutory powers which also govern their constitution, functions and procedure.
Tribunals often consist of lay people, but they are generally chaired by a legally qualified person.
They tend to be less expensive, and less formal, than courts of law. Some tribunals settle disputes
between private citizens. Industrial tribunals, for example, play a major role in employment
disputes. Others, such as those concerned with social security, resolve claims by private citizens
against public authorities. A further group, including tax tribunals, decide disputed claims by
public authorities against private citizens. Tribunals usually consist of an uneven number of
people so that a majority decision can be reached.
Members are normally appointed by the government minister concerned with the subject,
although the Lord Chancellor (or Lord President of the Court of Session in Scotland) makes most
appointments when a lawyer chairman or member is required. In many cases there is a right of
appeal to a higher tribunal and, usually, to the courts. Tribunals do not normally employ staff or
spend money themselves, but their expenses are paid by the government departments concerned.
An independent Council on Tribunals exercises general supervision over many tribunals.





The legal system in Romania

Broadly, the Romanian legal system stems from the Roman branch of law, but it is also partly
influenced by the Anglo-Saxon branch. Romanian legislation has mostly been brought into line
with EU law, as part of the EU accession procedure.
Romania is a presidential republic and a unitary state, which is governed directly by the elected
president. The president shares legislative power with the bi-cameral Parliament, the Prime
Minister, and the Council of Ministers. However, laws, the legislative statutes with the highest
authority after the Constitution and its amendments, are adopted by the Parliament. The
president and the Council of Ministers can also legislate by delegation in certain situations, such
as emergency or pursuant to prior laws.
There are two main legal systems in the world: civil law and common law. The Romanian legal
system belongs to the first group, under which only the Constitution and other statutory
legislation constitute a legitimate source of legal rules.
Legislative: The Romanian legislative branch is composed of national and local bodies. Its main
national body is the Parliament, which has two chambers: a lower house, the Chamber of
Deputies, and an upper house, the Senate. Parliament enacts statutes which are the main source
of legal rules. Such statutes are officially published in Monitorul Oficial. Parliament also is the
source of the Constitution, having enacted it as a species of supra-legislation. In addition,
Parliament may pass a special law enabling the Government to issue orders in fields outside the
scope of organic laws.
Executive: The Romanian executive branch has two main components: the Government and
the President. The Government consists of a Cabinet, which includes the Prime
Minister and ministers of the various Ministries. The Government issues Decisions and Orders
whose brief subject-matter descriptions can be viewed on-line. The President may issue
Presidential decrees (see Constitution, art. 100). The ministers also issue a large array of rules,
regulations, and decisions. Additionally, national administrative agencies may issue rules and
regulations. Finally, the Government appoints a Prefect in each county and in the City of
Bucharest, who is its representative at the local level.
Judicial: The judicial system is divided into civilian and military courts. The civilian courts,
generally, continue their pre-1989 structure of being organized at national, county and local
levels. Romanian justice is organized on the principle of double jurisdiction. Therefore, any case
decision from a first-instance court is subject to a complete de novo retrial on the facts, the
procedure and the law by an appeals court.
The body of Romanian law that defines the entire Romanian legal system is codified under the
title of Codul civil romn (The Romanian Civil Code). The Code came into force on Dec. 1,
1865. The Civil Code, which follows the French Civil Code of 1804, was reinstated after 1989,
excluding the sections on persons and personal status which are currently contained in Codul
familiei (Family Code).
















Glossary
Abbacy - An abbot's jurisdiction or term of tenure Funcia unui abate
Affidavit - A written or printed statement made under oath Affidavit, declarative scris (ntrit
prin jurmnt n faa instanei judectoreti
Appeal - A request made after a trial by a party that has lost on one or more issues that a higher
court review the decision to determine if it was correct. To make such a request is "to appeal" or
"to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Apel
Appellant - The party who appeals a district court's decision, usually seeking reversal of that
decision Apelant
Attorney - A lawyer appointed by the President in each judicial district to prosecute and defend
cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys
who appear as the government's attorneys in individual cases - Avocat
Bail - The release, prior to trial, of a person accused of a crime, under specified conditions
designed to assure that person's appearance in court when required. Also can refer to the amount
of bond money posted as a financial condition of pretrial release - Cauiune
Bankruptcy - A legal procedure for dealing with debt problems of individuals and businesses;
specifically, a case filed under one of the chapters of title 11 of the United States Code (the
Bankruptcy Code) Faliment
Case law - The law as established in previous court decisions. A synonym for legal precedent.
Akin to common law, which springs from tradition and judicial decisions Jurispruden
Common law - The legal system that originated in England and is now in use in the United
States, which relies on the articulation of legal principles in a historical succession of judicial
decisions. Common law principles can be changed by legislation Drept Cutumier
Conviction - A judgment of guilt against a criminal defendant Condamnare
Defendant - An individual (or business) against whom a lawsuit is filed Inculpat
De facto - Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter
of law De facto, de fapt
De jure - Latin, meaning "in law." Something that exists by operation of law De jure, de drept
Deposition - An oral statement made before an officer authorized by law to administer oaths.
Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used
later in trial - Declaraie
Discharge - A release of a debtor from personal liability for certain dischargeable debts. Notable
exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from
personal liability for certain debts known as dischargeable debts and prevents the creditors owed
those debts from taking any action against the debtor or the debtor's property to collect the debts.
The discharge also prohibits creditors from communicating with the debtor regarding the debt,
including through telephone calls, letters, and personal contact Achitare
Equity - The value of a debtor's interest in property that remains after liens and other creditors'
interests are considered - Echitate
Evidence - Information presented in testimony or in documents that is used to persuade the fact
finder (judge or jury) to decide the case in favor of one side or the other Dovad
Felony - A serious crime, usually punishable by at least one year in prison Delict
Habeas corpus - Latin, meaning "you have the body." A writ of habeas corpus generally is a
judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to
justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas
corpus from state prison inmates who say their state prosecutions violated federally protected
rights in some way Habeas corpus
Indictment - The formal charge issued by a grand jury stating that there is enough evidence that
the defendant committed the crime to justify having a trial; it is used primarily for felonies
Acuzaie
Judge - An official of the Judicial branch with authority to decide lawsuits brought before courts.
Used generically, the term judge may also refer to all judicial officers, including Supreme Court
justices Judector
Jurisdiction - The legal authority of a court to hear and decide a certain type of case. It also is
used as a synonym for venue, meaning the geographic area over which the court has territorial
jurisdiction to decide cases Autoritate, jurisdicie
Jury - The group of persons selected to hear the evidence in a trial and render a verdict on
matters of fact - Jurai
Lawsuit - A legal action started by a plaintiff against a defendant based on a complaint that the
defendant failed to perform a legal duty which resulted in harm to the plaintiff Proces
judectoresc
Litigation - A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits
are called litigant Litigiu
Misdemeanor - An offense punishable by one year of imprisonment or less Delict, frdelege
Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial
must start again with the selection of a new jury Eroare judiciar
Objection - The formal registration of protest against the admission of a piece of evidence at
trial, on the grounds of some legal defect Obiecie
Parole - The release of a prison inmate after the inmate has completed part of his or her sentence
in a federal prison. When the parolee is released to the community, he or she is placed under the
supervision of a U.S. probation officer Eliberare condiionat
Probation officer - Officers of the probation office of a court. Probation officer duties include
conducting presentence investigations, preparing presentence reports on convicted defendants,
and supervising released defendants Ofier supraveghetor
Procedure - The rules for conducting a lawsuit; there are rules of civil procedure, criminal
procedure, evidence, bankruptcy, and appellate procedure - Procedur
Prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the
government A intenta process
Sanction - A penalty or other type of enforcement used to bring about compliance with the law
or with rules and regulations Sanciune
Sentence - The punishment ordered by a court for a defendant convicted of a crime Sentin
Testimony - Evidence presented orally by witnesses during trials or before grand juries Dovad
cu martori
Tort - A civil, not criminal, wrong. A negligent or intentional injury against a person or property,
with the exception of breach of contract Prejudiciu, ofens
Trustee - An officer of the Department of Justice responsible for supervising the administration
of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements;
monitoring creditors' committees; monitoring fee applications; and performing other statutory
duties - Curator
Verdict - The decision of a trial jury or a judge that determines the guilt or innocence of a
criminal defendant, or that determines the final outcome of a civil case Verdict
Witness - A person called upon by either side in a lawsuit to give testimony before the court or
jury Martor
Writ - A written court order directing a person to take, or refrain from taking, a certain act
Dispoziie, hotrre judectoreasc