Beruflich Dokumente
Kultur Dokumente
ADINA RDULESCU
ENGLEZ JURIDIC
- anii I i II de studiu -
I. Match the words in column A with their definitions in column B and then with their
Romanian equivalents in column C:
A
1. common law
C
m. ordonan,
judectoreasc
n. aprarea
hotrre
o. Barou
p. avocat nsrcinat cu
procedura, jurisconsult
q. drept comun
r.
cldiri
londoneze
aparinnd
la
patru
societi juridice
s. procuratura, acuzarea
12. appeal
II. Complete the following sentences using the words in the box in different
expressions. Each word will be used more than once:
verdict appeal
evidence
English equivalents
to prove sb. guilty
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
5
IV. Choose the correct version, looking the new words up in the Glosarry:
1.
a) a forger
2.
b) an arsonist
c) an embezzler
d) a poacher
c) trespassing
d) poaching
a) a burglar
4.
b) stealing
b) a robber
c) a hooligan
d) a vandal
A person who steals money, etc from other peoples pockets, especially in crowded
places.
a) a thief
5.
c) a shoplifter
d) a robber
a) an accusation
6.
b) a pickpocket
b) a punishment
c) a sentence
d) a conviction
The correct spelling for the English equivalent of the Romanian word delapidator
is:
a) imbezzler
b) embezler
c) embezzler
d) embezller
7. He has been released from prison .................... and if he does not behave satisfactorily, he
will be sent back.
a) on probation
b) on remission
c) into custody
d) on testing
8. There was no need for a trial, because the client decided to .................... and forgive the
attacker.
a) serve his sentence
b) appear in court
d) commute his
sentence
9. ............... means money paid by or for a person accused of a crime, as security that he
will return for his trial if he is allowed to go free until then.
a) Probation
b) Bribe
c) Bail
d) Fine
10. A .................... is a lawyer who prepares legal documents, advises clients on legal
matters and speaks for them in lower courts.
6
a) solicitor
b) prosecutor
c) judge
d) barrister
11. A person who takes people hostage for a ransom is called a .......................
a) hijacker
b) bandit
c) kidnapper
d) rapist
12.The correct spelling for the English equivalent of the Romanian word omor prin
pruden is:
a) menslaughter
b) manslother
c) manslaughter
d) manslauther
13. After ten hours, the Jury finally reached its .: the prisoner was guilty.
a) sentence
b) verdict
c) point
d) conclusion
14. A person who willfully gives a false statement while under oath, concerning a material
matter in a judicial proceeding is said to commit .................. .
a) slander
b) bribery
c) perjury
d) treason
15. A ....................... is someone who testifies, especially in a court of law to events or facts
within his own knowledge.
a) registrar
b) spectator
c) witness
d) friend
V. Provide the Romanian translation for the following English words, using the
Glossary:
English terms
1. a forger
2. an arsonist
3. an embezzler
4. a poacher
5. a burglar
6. a robber
7. a hooligan
8. a vandal
9. a thief
10. a pickpocket
11. a shoplifter
12. a hijacker
13. a bandit
14. a kidnapper
15. a rapist
16. a smuggler
17. a trespasser
Romanian equivalents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
7
18. a mugger
19. an assassin
20. a terrorist
18.
19.
20.
VI. Choose the correct version, paying attention to the use of English tenses:
1. Judge Williams ........................ today as judge Thomson has been taken ill.
a) presides
b) will preside
c) is presiding
d) presided
2. Before taking up his duty, each judge ............. an oath to respect his responsabilities.
a) takes
b) is taking
c) took
d) has taken
3. The members of the jury ....... now ................... on the murder case.
a) is __ deliberating
b) were __ deliberating
c) are __ deliberating
b) is shooting
c) was shooting
d) is going to shoot
b) will see
c) see
d) would see
b) heard
d) hear
8. You cannot enter this room. The witness ..................... cross examined right this
moment.
a) is being
b) is
c) will be
d) has being
10. My client will make an appeal when the verdict ......... pronounced.
a) will be
b) was
c) has been
d) is being
VII. Match the English expresions in column A with their equivalent Romanian
translations in column B, using the glossary:
A
B
8
to serve a sentence
1. to pronounce a sentence
2. to be released on probation
3. to be taken into custody
4. to drop all the charges
5. to commute a sentence
6. to be released on bail
7. to take an oath
8. to suspend a sentence
9. under house arrest
10. to bring to court
= a executa o sentin
a. a comuta o pedeaps
b. cu domiciliu forat
c. a fi eliberat pe cauiune
d. a suspenda o sentin
e. a depune un jurmnt
f. a renuna la toate acuzaiile
g. a pronuna o sentin
h. a urmri n justiie
i. a fi arestat
j. a fi pus n libertate sub supraveghere
VIII. Match the verbal tenses in the left column with their corresponding grammatical
term; the first one has been done for you as an example:
Verbal tenses
is investigating
1. will have prosecuted
2. has been protecting
3. was advising
4. had been examining
5. defended
6. will dismiss
7. had robbed
8. have committed
9. will have been pleading
10. will be analysing
11. convicts
IX. Put the verbs in brackets into the corresponding verbal tense indicated in intalics:
1. I .. (see) my solicitor tomorrow. (Present Tense Continuous)
2. What you (think) about? (Present Tense Continuous) Why . you (not
talk) to me about your problems? (Present Tense Simple)
3. After deliberating for hours, the jury .. (decide) to declare the defendant not
guilty. (Present Perfect)
4. Why .. you (accept) to take this case if you consider your client to be guilty?
(Present Perfect)
5. Yesterday he . (come) into my office and (ask) for my help. I
(tell) him that I would help him but he . (not seem) to trust my words. (Past
Tense Simple)
9
10
UNIT 2
Forms of Punishment
When people are sent to prison in Britain after being found guilty of a crime, they a given a
sentence that specifies the length of their punishment. Most, however, will be eligible for a
remission of one third of the period stipulated. This means that a person sentenced to a
years imprisonment will normally be released after eight months, and one sentenced to three
years will leave prison after two. Moreover, most prisoners sentenced to 12 months or more
are also eligible for parole when they have served one third of the stated period, after a
minimum of six months in prison. At present, about three prisoners out of four obtain parole.
However, prisoners sentenced to five or more years for serious offences involving violence,
arson or sexual crimes are rarely granted parole. A person on parole is released from prison
on condition that he or she remains in touch with a probation officer over the period of time
for which the original sentence would have run. If parole conditions are abused, the offender
is liable to be recalled to prison.
Although a life sentence for murder rarely means imprisonment for life, it can last for 20
years or more if the crime was the murder of a police officer or prison officer, if it was
carried out during a terrorist attack or a robbery, or if it involved the sexual or sadistic killing
of a child. The government minister responsible for law and order, the Home Secretary,
decides when a prisoner sentenced to life should be released. Such prisoners remain on
parole for the rest of their lives, and may be imprisoned again if it seems likely that they will
commit a further offence.
On the whole, many courts try to avoid passing prison sentences in the first place, and
instead impose some other punishment, such as a fine, or probation, or a community service
order. A court may impose a prison sentence suspended for up to two years: the offender
will not have to serve the sentence unless he or she commits other offences during the
period. Fines are awarded in about eight cases out of ten. Probation involves the offender
leading a normal life but under the supervision of a probation officer. Community service
involves doing unpaid physical work for between 40 and 240 hours, to be completed within
12 months. Typical exemples of community service are painting an elderly persons house or
building a playground for children.
Courts also have the power to allow a convicted person to go free, ie to discharge him or her
conditionally, especially if imprisonment or other punishment seems inappropriate. If
convicted for another offence of the same kind, however, such a person will be brought back
to court and be liable for punishment that could have been imposed in the first place. For a
trivial offence, such as a single instance of drunk and disorderly behaviour, the court may
bind over the offender, requiring him or her to keep the peace and be of good
behaviour. If this condition is not observed, the person may be given a punishment for the
original offence, or have to pay a sum of money stipulated when bound over.
(Oxford Advanced Learners Encyclopedic Dictionary)
11
I. State whether the following sentences are true or false and correct the false ones:
Example: A person sentenced to a years imprisonment will normally be released after
five months. FALSE
CORRECTION: A person sentenced to a years imprisonment will normally be released
after eight months.
1. A person sentenced to three years will normally leave prison after two.
2. Most prisoners sentenced to 12 months are eligible for parole when they have served
four months of the stated period.
3. At present, one prisoner out of four obtain parole.
4. Prisoners sentenced to five or more years for serious offences are granted parole very
often.
5. A life sentence for murder can last for 20 years or more.
6. The High Court of Justice decides when a prisoner sentenced to life should be
released.
7. Fines are awarded in about six cases out of ten.
8. Probation involves that a probation officer will be living with the offender over the
period of time estimated initially.
9. The number of hours that can be imposed for community service vary between 40
and 240 hours.
10. Irrespective of the number of hours, the community service has to be completed
within one year.
II. Match the half-sentences in column A with the half-sentences in column B to
make complete and logical sentences.
A
1. Almost all prisoners will be eligible
2. A person on parole will have to
remain in touch
3. A convict sentenced to a years
imprisonment will
4. Prisoners that are guilty of serious
crimes will remain
5. A prisoner sentenced to three yearss
imprisonment
6. The less severe forms of punishment
are:
7. Community service involves
B
a. will leave prison after two.
b. doing unpaid physical work.
c. if imprisonment or other punishment
seems inappropriate.
d. he or she will be liable for the
punishment imposed in the first place.
e. with a probation officer over the period
of time estimated.
f. for a remission of their initial sentence.
service are
9. One of the trivial offences we can
mention
10. For a trivial offence,
11. If parole conditions are abused,
12. Courts have the power to allow a
convicted person to go free,
13. If a person on parole is convicted for
the same offence,
14. To bind over means
months.
i. to place a person under a legal
obligation, such as one to keep the peace.
j. on parole for the rest of their lives.
k. have to pay a fine at a second offence.
l. is drunk and disorderly behaviour.
2.
a)
b)
c)
3.
a)
b)
c)
4.
a)
b)
c)
5.
a)
b)
c)
13
IV. Match the following words and expressions with their Romanian translation:
1. crime
2. offender
3. remission
4. parole
5. probation officer
6. life sentence
7. community service
8. convict
9. arson
10. suspended sentence
a. condamnat
b. pedeaps cu suspendare
c. delict, infraciune
d. incendiere premeditat
e. reducere de pedeaps, graiere
f. munc n interesul comunitii
g. ofier de poliie nsrcinat cu
supravegherea unei persoane eliberate
condiionat
h. condamnare pe via
i. contravenient
j. eliberare condiionat
V. Complete the following derivational pattern noun - verb - noun, paying attention to
the first example. Then translate the noun in the third column:
Noun
1. prison
2.
3.
4.
5.
6.
7.
8.
9.
10.
Verb
imprison
empower
enforce
discourage
disengage
disfigure
displace
enact
enlist
impair
Noun
imprisonment
VI. Select from the box below the legal terms that belong to the class of FELONY
(infraciune grav/act criminal) and those that belong to the class of
MISDEMEANOUR (delict/infraciune minor). These two legal terms felony
misdemeanour were known to have imposed two different forms of trial in England and
Wales until 1967.
armed robbery
high treason
kidnapping
shoplifting
arson
libel
attempted murder
maslaughter
pickpocketing adultery burglary
rape
embezzlement
prostitution
bigamy
14
extortion/blackmail
bribery smuggling
forgery
perjury
grand larceny
fraud
hijacking
FELONY
armed robbery
MISDEMEANOUR
shoplifting
VII. Choose the correct version, looking the new words up in the Glosarry:
1. Any witness shall take an oath that the .................. he/she is about to give shall be the
truth, the whole truth and nothing but the truth.
a) confession
b) testimony
c) verdict
d) statement
b) forge
c) break in
d) burgle
b) Larceny
c) Bribery
d) Perjury
4. ..................... is the false making or altering of any document that either has legal
significance or is commonly relied upon in business transactions.
15
a) Deceit
b) Smuggling
c) Corruption
d) Forgery
5. Since the defendant did not have a criminal record, he got away with a small ........... .
a) ransom
b) punishment
c) fine
d) ticket
b) punishment
c) conviction
d) sentence
7. A threat of attack to another person, followed by actual attack which need amount only to
touching with hostile intent is called .....................
a) rape
c) threat
d) vandalism
8. The defendant was able to prove his innocence at the trial and was ..................... .
a) absolved
b) acquitted
c) forgiven
d) pardoned
9. The judge recommended more humane forms of punishment for juvenile ......................
a) convicts
b) villains
c) sinners
d) delinquents
10. The police have to ................... the law, not to take it into their own hands.
a) press
b) break
c) force
d) enforce
VIII. Choose the correct version, paying attention to the use of English tenses:
1. He ................... a solicitor for more than a year now.
a) was
b) had been
c) has been
d) is
2. We ......................... for the verdict for almost two hours! There must be something wrong.
a) are waiting
b) were waiting
c) waited
b) was
c) will be
d) had been
5. The leader of the gang ...... just ............ acquitted by the court of justice.
a) has...been
b) had...been
c) was...been
d) is ...
6. He was placed under investigation only after they .............. hard evidence against him.
a) found
b) had found
c) has found
d) finded
d) has expected
16
8. As soon as the jury .................. the verdict, the case was dismissed.
a) had pronounced
b) pronounced
c) has pronounced
d) pronounces
b) wasnt
c) hadnt been
d) wouldnt be
10. The members of the jury ................. for hours when they finally reached a verdict.
a) were deliberating
b) deliberated
d)
had
been
deliberating
11. She told me that she ..................... filing for divorce for a long time.
a) considered
b) havent been
13. As soon as the search warrant ..................... they will be allowed to look for the
documents.
a) has been issued
b) will be issued
c) was issued
d)
d)
will
be
placed
17
UNIT 3
The European Court of Justice Composition and Structure
The reprezentatives of the member states did not by common accord agree on the seat of the
Court until 1992, when they were empowered to do so by Article 216 EEC. As a result, they
took the decision that the Court of Justice should remain in Luxembourg. This rooting of the
Court in Luxembourg is one factor in helping to give the Court a strong esprit de corps.
The Court of Justice consists of fifteen judges and nine advocates-general, who are
appointed by common accord of the governments of the member states for a renewable term
of six years. To be appointed to one of these offices a person has to either possess the
qualifications required for appointment to the highest judicial offices in his or her respective
countries or be jurisconsults of recognized competence. Although in strict law the judges and
advocates-general could be of any nationality, in practice each member state will nominate
one of its own nationals as a judge, and the five largest states France, Germany, Italy,
Spain and the United Kingdom will each nominate an advocate-general. The remaining
advocates-general are appointed by the smaller member states in accordance with a system
of rotation. Belgium had an advocate-general from 1988 to 1994, Denmark from 1991 to
1997, Greece from 1994 to 2000 and Ireland from 1995 to 2000. A disadvantage of the
rotation system is that no matter how outstanding the person is, it is impossible for him or
her to be reappointed at the end of six years.
An odd number of judges is maintained in order to allow the full court to sit and to reach a
majority decision. All decisions of the Court are signed by all the judges whether they were
in the minority or the majority, so it is impossible to know whether the decision was reached
by a bare majority or by unanimity.
The Council has the power, acting unanimously on a request from the Court, to increase the
number of judges and advocates-general. In the past the size of the Court was expanded
upon the accession of new member states, but not on other occasions, to help it cope with
extra business. The Court initially started with seven judges, expanded to nine in 1973
(accession of Denmark, Ireland and the United Kingdom), to eleven in 1981 (accession of
Greece), to thirteen in 1986 (accession of Spain and Portugal) and to fifteen in 1995
(accession of Austria, Finland and Sweden).
The Court has coped with the increase in its workload in part by increasing the number of
cases that it handles in a chamber rather than by a plenary session. The EEC Treaty always
allowed the Court to form chambers consisting of three or five judges, but originally insisted
that cases brought before the Court by a member state or by a community institution must be
heard in plenary session.
The Court now has four chambers of three judges and two chambers of seven judges. Each
chamber has a president, who is elected annually, and it seems that by convention the
presidencies of the chambers rotate around all the judges apart from the President of the
Court.
(Adapted from EC Law. The Essential Guide to the Legal Workings of the European
Community, by Stephen Weatherill&Paul Beaumont)
18
I. Fill in the gaps with the missing words from the text:
1.
2.
5. Answer: In order to allow the full court to sit and to reach a majority decision.
Question: _______________________________________________________
6. Answer: All the judges.
Question: _______________________________________________________
7. Answer: Upon the accession of new member states.
Question: _______________________________________________________
8. Answer: Seven.
Question: _______________________________________________________
9. Answer: Austria, Finland and Sweden.
Question: _______________________________________________________
10.Answer: Six chambers of judges.
Question: _______________________________________________________
III. Translate the following sentences into Romanian, paying attention to the words
underlined:
1. This rooting of the Court in Luxembourg is one factor in helping to give the Court a
strong esprit de corps.
3. A disadvantage of the rotation system is that no matter how outstanding the person is,
it is impossible for him or her to be reappointed at the end of six years.
20
4. All decisions of the Court are signed by all the judges whether they were in the
minority or the majority, so it is impossible to know whether the decision was reached
by a bare majority or by unanimity.
5. The Court has coped with the increase in its workload in part by increasing the
number of cases that it handles in a chamber rather than by a plenary session.
IV. Find the synonymous terms (right column) for the expressions extracted from the
text above (left column):
1. by common accord
a. according to
b. irrespective of
2. as a result
c. on demand
d. except for
3. in strict law
e. therefore
f. by rule
4. in accordance with
g. regardless of
h. consequently
5. no matter how
i. by convention
6. apart from
j. by common agreement
7. on request
V. Read the following expressions and their equivalent Romanian translations and then
use them to complete the gapped sentences:
1. to be appointed to an office =
2. to be elected =
3. to sit =
3. a fi n edin, a se ntruni
4. to convene a meeting/session =
4. a convoca o ntrunire/edin
5. to convene a person before trial/ to 5. a cita o persoan s se prezinte la
summon sb. =
tribunal
6. to run for a post/an office =
6. a-i depune candidatura pentru un
post/funcie
7. to stand for Parliament =
7. a candida pentru Parlament
8. to dissolve Parliament =
8. a dizolva Parlamentul
9. to hear a case/a witness =
9. a audia un caz, un martor
10. to dismiss a case =
10. a declara un caz nchis
1.
2.
3.
b) perform
c) make
d) stand
2. Detectives are said to be ....................... into the causes of the recent fire.
a) looking
b) investigating
c) checking
d) searching
3. The victim ............... the law into her own hands by killing her attacker.
a) took
b) seized
c) grabbed
d) put
4. Ted Bundy was a hardened criminal who showed no .................. for his crimes.
a) penance
b) pity
c) remorse
d) reproach
5. His sentence has been commuted to six months on the ................ of failing health.
a) bases
b) causes
c) grounds
d) reasons
a) confiscated b) denied
c) removed
d) deprived
b) court
c) election
d) referee
8. All his friends thought he was guilty, but no one could ................ anything against him.
a) accuse
b) ensure
c) point
d) prove
9. As the result of a police ............. on the disco, twenty teenagers were arrested.
a) invasion
b) raid
c) intrusion
d) entry
10. As he didnt have a criminal ............., the judge sentenced him to 50 hours of
community work.
a) case
b) file
c) record
d) dossier
VII. Choose the correct version, paying attention to the use of English tenses:
1. By the time you reach the Court, he ........................... released on bail.
a) had been
c) has been
d) was
2. While the people ......................... for the verdict, the judge was talking to the
defendant about the weather.
a) had been waiting
b) are waiting
c) were waiting
d) wait
b) being followed
c) been followed
d) following
b) was walking
d) is walking
5. One of the kidnappers ................ to kill him while they were driving away.
a) threatens
b) threteaned
c) is threatening
d) had threthened
b) defended
d) defending
8. The witnesses were still being heard when I ............. the court of law.
a) left
b) leaved
c) was leaving
d) had left
9. She told me that she ..................... filing for divorce for a long time.
23
a) considered
cross-examining
b) will spend
d) can never
b) will be voted
c) would vote
d) is voted
c) will serve
d) is serving
15. The criminal ....................... to trial if there is enough evidence against him.
a) would be brought
c) will be brought d)
was
brought
24
UNIT 4
Institutions of the Community
Section 4 The Court of Justice
Article 170
A Member State which considers that another Member State has failed to fulfil an obligation
under this Treaty may bring the matter before the Court of Justice.
Before a Member State brings an action against another Member State for an alleged
infringement of an obligation under this Treaty, it shall bring the matter before the
Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has been
given the opportunity to submit its own case and its observations on the other partys case
both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which the
matter was brought before it, the absence of such opinion shall not prevent the matter from
being brought before the Court of Justice.
Article 171
1. If the Court of Justice finds that a Member State has failed to fulfil an obligation
under this Treaty, the State shall be required to take the necessary measures to comply
with the judgement of the Court of Justice.
2. If the Commission considers that the Member State concerned has not taken such
measures it shall, after giving that State the opportunity to submit its observations,
issues a reasoned opinion specifying the points on which the Member State concerned
has not complied with the judgement of the Court of Justice.
If the Member State concerned fails to take the necessary measures to comply with the
Courts judgement within the time-limit laid down by the Commission, the latter may
bring the case before the Court of Justice. In so doing it shall specify the amount of
the lump sum or penalty payment to be paid by the Member State concerned which it
considers appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not complied with
its judgement it may impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article 170.
(Blackstones EC Legislation, Edited by Nigel G. Foster)
25
I. Match the new expressions (from the text above) in column A with their Romanian
equivalents in column B:
A
1. to fulfil an obligation =
2. to bring a matter before =
3. to bring an action against sb. =
4. an alleged infringement of an obligation =
5. to deliver a reasoned opinion =
6. to be given the opportunity =
7. to submit a case to =
8. to prevent smth. from + v-ing =
9. to comply with =
10. to lay (laid, laid) down =
11. to impose a lump sum or a penalty
payment =
12. to be without prejudice to =
B
a. a nu prejudicia
b. a mpiedica/a nu permite
c. a prevedea/stabili/specifica
d. a ndeplini o obligaie
e. a impune o plat forfetar sau o amend
f. a se conforma/a respecta
g. a supune o problem ateniei
h. a transmite o opinie ntemeiat
i. a intenta un proces cuiva
j. a supune un caz spre examinare
k. o presupus nclcare/violare a unei
obligaii
l. a i se da ansa
II. Complete the following sentences with logical and correct phrases; the first one has
been done for you:
Example:
copyright
trust
sbs
privacy
promise
the
highway
code
law
human
rights
protocol
breach of
violation of
infringement
of
to break (a/an)
IV. Choose from the collocations in exercise III. the English equivalents for the
following and then use them in your own sentences:
27
V. Choose the correct version, looking the new words up in the Glosarry:
1. The woman sitting in the witness ............ will certainly commit perjury.
a) box
b) stand
c) seat
d) bench
2. A .............. will be appointed to investigate the violent and suspicious death of the
teenager.
a) prosecutor
3.
d) heavy-set
c) assistant
d) associate
b) made
c) committed
d) discharged
c) offending
d) leading
a) death
8.
c) light-fingered
a) harassing
7.
b) heavy-handed
b) accomplice
a) done
6.
d) judge
You cant have burgled the house alone, so who was your ............... ?
a) ally
5.
c) coroner
a) red-handed
4.
b) doctor
b) homicide
c) murder
d) suicide
The police said there was no sign of a .......... entry even though the house had been
burgled.
a) broken
9.
c) forced
d) smashed
a) on
10.
b) burst
b) in
c) under
d) within
a) plead
b) play
c) appeal
d) appear
11. Mr. Johnson was ............... fifty pounds for drinking and driving.
28
a) charged
b) fined
c) ordered
d) penalized
12. As it was her first offence, the judge gave her a ............... sentence.
a) kind
b) lenient
c) severe
d) tolerant
b) neglect
c) refuse
d) resist
14. The new harassment law comes into ............... on September 15.
a) force
b) condition
c) date
d) power
15. He was charged .............. assault and battery and taken to prison.
a) of
b) with
c) on
d) in
VI. Choose the correct version, paying attention to the use of Modal Verbs:
1. Judges ............ never take bribe from the defendants.
a) should
b) must
c) can
d) will
2. The window is broken; the intruder ............... tried to get into their bedroom.
a) can have b) should have
c) would have
d) must have
b) mustnt
c) neednt
d) cant
4. He ................ have committed the crime! He was immobilized in bed at that time!
a) mustnt
b) couldnt
c) wouldnt
d) shouldnt
5. I am sorry you didnt ask for help; I ....................... introduced you to my lawyer.
a) cant have
b) must have
c) could have
d) was able to
6.The legislation says that the judges ........................ immune from legal proceedings.
a) shall be
b) will be
c) should be
d) must be
7.A judge ................... of his office if he no longer fulfils the legal conditions.
a) can be deprive b) must deprive
c) may be deprived
a) shall
b) must
c) will
d) have to
VII. The main functions of Modal Verbs have been indicated in the box below. Identify
each function illustrated in the following sentences:
present /past ability
impossibility
prohibition
advice
inability
permission
possibility
obligation
absence of obligation
criticism
requests
offers
remote possibility
necessity
suggestions
regulations
Example:
The Court of Justice shall have jurisdiction in any dispute between Member States.
regulations
1.
2.
3.
4.
The parties to the proceedings may appeal to the Court of justice. ____________
He couldnt testify against an innocent man. ______________
I need to find a very good lawyer to get me out of prison. _______________
He couldnt have been convicted to capital punishment; he was just a pickpocket.
_____________
5. The Home Secretary must have advised the Queen on that important matter.
___________
6. He should have asked for legal aid when he needed it. _______________
7. Can you tell me what papers I have to fill in ? ________________
8. You should bring him to trial before he commits more criminal acts. __________
9. Shall I assist you in this matter? _________________
10.We should all vote for or against this new provision. _________________
11. May I be excused now ? ________________
12. He might have tried to bribe the judge, but I doubt it. ________________
13. Both parties have to respect the binding agreements of this contract.
____________
14. She cant have broken her promise to give herself in. _______________
15. The young lawyer was able to come up with a new idea to rest his case. ________
16. The members of the jury dont have to recess for deliberation if the verdict is
obvious. _______________
17. You mustnt smoke in hospitals and airports. _______________
30
UNIT 5
I. Read the following texts and choose the corresponding headline for each of them:
12 years for thief who left 7m IOU
Valentine killer given life in jail
Life sentence for double rapist
Pc faces jail for sex assaults
__________________________
A financial adviser who stole 10 million from 84 mainly elderly private investors and
the Halifax bank to feed his gambling habit was jailed for 12 years yesterday.
Graham Price, 58, of Llansamlet, near Swansea, an agent for the Halifax and a
consultant, was caught when the IOU for 7 million he had left in a safe was found. He
admitted 43 theft charges.
Swansea Crown Court was told that Price told detectives he believed he needed one more
week of gambling on horses to get the money back.
Note: IOU (abbr of I owe you) = signed paper acknowledging that one owes the sum of money stated
Crown Court = a court of criminal jurisdiction holding sessions in towns throughout England and Wales at
which circuit judges hear and determine cases
__________________________
A policeman who used his warrant card to lure women into his car so he could sexually
assault them was warned yesterday that he faced prison.
Amir Butt, 24, of Watford, offered a lift home to women who had been drinking and
become separated from their friends. He was found guilty on two charges of sexual
assault at Luton Crown Court and will be sentenced at a later date.
Note: Pc abbr of police constable (policeman)
__________________________
A former soldier became a rapist after service in the Gulf war changed his personality, a
court was told yesterday.
Lee Walker, 32, of Wythenshawe, Manchester, was jailed for life at Minshull Street
Crown Court after pleading guilty to rape. He was sentenced to five years for a second
case of rape.
__________________________
A man who murdered his fiance after a row over doing the laundry was told yesterday
that he would serve at least 16 years in prison.
31
Paul Dyson, 31, was given a life sentence for what a judge described as the unspeakably
evil deed of strangling Joanne Nelson, 22, on the eve of St Valentines Day, in Hull.
He dumped her body 100 miles away before making tearful television appeals for her to
get in touch.
Hull Crown Court heard that Dyson slashed his wrists and wrote sorry in blood on his
cell wall three days ago.
Passing sentence, Judge Tom Cracknell told Dyson: You executed a well thought-out
plan without pity, except self pity, without remorse.
The judge said the television appeal was breathtaking and nauseating hypocrisy,
adding: You led her family to think there might be some hope when there was none.
Miss Nelsons body was found after 39 days.
(The Daily Telegraph, Wednesday, November 9, 2005)
II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them as in the following example:
Example: Lee Walker was sentenced to 12 years for two cases of rape. F
CORRECTION: Lee Walker was sentenced to five years for a second case of rape.
1.
2.
3.
4.
5.
6.
7.
VERBAL TENSES
Present Tense Simple
Present Tense
Continuous
Past Tense Simple
Past Tense
Continuous
Present Perfect
Past Perfect
Future Tense Simple
Future Perfect
Conditional
Perfect Conditional
Gerund
Long Infinitive
Perfect Infinitive
ACTIVE VOICE
charge
is/are examining
PASSIVE VOICE
am/is/are charged
is/are being examined
sentenced
was/were interrogating
was/were sentenced
was/were being interrogated
has/have found
had released
will/shall include
will/shall have admitted
would reject
would have arrested
practising
to convict
to have committed
V. Put the verbs in brackets into the passive voice of the tense indicated:
Example: A value added tax (VAT) rate of 25 per cent ....................... (apply Past Tense
Simple) to wine in Belgium.
A value added tax (VAT) rate of 25 per cent was applied to wine in Belgium.
1. This case . (decide Present Perfect) against Belgium.
2. The notion of protection (illustrate Future Tense Simple) in the
next paragraph.
3. A charge that . (catch Present Tense Simple) by Article 12 is unlawful.
4. The matter . (judge Past Tense Simple) in the light of Article 95.
5. The repayment to an exporter of a sum exceeding the internal duty
(prohibit Present Tense Simple) by Article 96.
6. Taxing exports at a lower rate than domestic products . (consider
Present Perfect) a discriminatory practice.
7. The terms of the contract .. already (discuss Past Perfect) before
the two parties signed it.
8. The main witnesses in the murder case still .. (hear Past
Tense Continous) by the judge when the politician made a press release.
9. The two diplomats .. now . (escort Present Tense Continous) to the
American Embassy.
10. Six bomb attacks seem (report Perfect Infinitive) in London for
the last 10 hours.
34
11. A new warning . (issue Future Tense Simple) for the refugees to
leave the camp immediately.
12. More funds . (allocate Perfect Conditional) to the Ministry of
Justice if the government had voted the new budget law.
VI. Change the following sentences from Active Voice into Passive Voice; the
underlined direct objects will become the subjects of the passive sentences:
Example:
This Article entitles the holder of intellectual property rights to financial compensations.
The holder of intellectual property rights is entitled to financial compensations by this
Article.
1. They all considered that the Court of First Instance had used Article 86 improperly.
They all considered that Article 86 by
2. The Court will take measures to reconcile the incompatibility of national property
rights with the pursuit of economic integration.
Measures ..............................................................................................
3. Smith Drug Pharmaceuticals had patented a drug called Negram under British law.
A drug called Negram .............................. under British law by
4. The Commission rejected this Article on the grounds of unjustified discrimination.
This Article .. by .
5. The members of the Jury were still deliberating upon the matter of reasonable doubt.
The matter of reasonable doubt still . by
6. The client has just dropped all charges against the advertising agency that did not
respect its deadlines.
All charges ...........................
7. Any lawyer grants the benefit of the doubt even to a hardened criminal.
The benefit of the doubt
Even a hardened criminal ..
8. The Court dismissed your appeal due to lack of further evidence.
Your appeal ...
9. The members of the family will definitely contest this will.
This will by ..
10. They wouldnt have closed that controversial file if they had found at least one eye
witness to testify.
That controversial file if at least one eye witness ..
.
VII. Choose the correct version by paying attention to the use of Passive Voice:
1. Many houses in this area into by burglars.
a) have been being broken
b) have been broken
b) The issue of competition law was still debating at that point the members of the
European Parliament.
c) The issue of competition law was still being debated at that point by the members of
the European Parliament.
d) The members of the European Parliament were still being debated by the issue of
competition law.
9. Choose the correct English translation for the following Romanian passive sentence:
Nu s-a ajuns nc la nici o concluzie cu privire la noua lege a adopiei.
a) No conclusion hasnt yet been reached regarding the new adoption law.
b) No conclusion has yet been reached regarding the new adoption law.
c) No conclusion was reached yet regarding the new adoption law.
d) Yet, no conclusion is reached regarding the new adoption law.
10.Choose the correct equivalent sentence for the following: People say that Mr.
Johnson had business difficulties in the past.
a) Difficulties are said to have been had by Mr. Johnson in the past.
b) Mr. Johnson is said to having had business difficulties in the past.
c) Mr. Johnson is said to have had business difficulties in the past.
d) It is said that Mr. Johnson has had business difficulties in the past.
37
UNIT 6
Iraqi jailed over British aid worker killing
1. Life in prison for the abetter of Margaret Hassans kidnappers
An Iraqi man has been sentenced to life in prison in connection with the murder of
Margaret Hassan, the British aid worker abducted and killed in Iraq in 2004. Mustafa
Salman was charged with aiding and abetting the kidnappers. Two other defendants in the
case were freed.
2.
The judge said Salman had received a plastic bag from an associate who asked him to
hold on to it. Four months later Iraqi security forces raided Salman's home and found Mrs
Hassan's purse and documents in the bag.
3.
Today's sentence is the first handed down in connection with the abduction or killing of a
foreign-born civilian in Iraq. More than 200 foreigners and thousands of Iraqis have been
kidnapped since the US-led invasion in 2003, and over 40 have been killed.
4.
Born in Dublin, 59-year-old Mrs Hassan had British, Irish and Iraqi nationality and had
lived in Iraq for 30 years with her Iraqi husband.The CARE International head was taken
hostage in October 2004 while travelling to work in Baghdad. She appeared in a video
appealing for the British forces to withdraw from Iraq, but was killed just under a month
later. Her body has never been found, and no group has claimed responsibility for her
death.
5.
Her family has implored Foreign Secretaries Jack Straw and Margaret Beckett, as well as
the Foreign Office, to question the suspects about the location of Mrs Hassan's
remains."They have refused this request even though this is the only way that Margaret's
remains will be found and we can bring her home to be buried with the dignity she
deserves," they said.
6.
38
Yesterday her family said that, during her captivity, the kidnappers made four calls to her
Iraqi husband Tahseen in Baghdad, demanding to speak to a member of the British
Embassy. But the British told him they would not speak to the hostage-takers.The
Foreign Office confirmed that Mrs Hassan's husband was called from her phone by
someone claiming to be holding her, but said they had been unable to confirm the claims.
7.
Deidre, Geraldine, Kathryn and Michael Fitzsimons said in a statement released
yesterday: "We believe that the refusal by the British Government to open a dialogue
with the kidnappers cost our sister her life."
8.
During her kidnap, in which video recordings of her pleading for her life were released,
officials were keen to distance her from the British Government and emphasise her
charity work in Iraq. Our strategy was one of 'personalisation and localisation',
minimising the links between Mrs Hassan and the UK," a Foreign Office spokesman
said." We understand her family having criticisms of the Government approach and we
remain in regular contact with them."
(The Daily Telegraph, Monday, June 5, 2006)
I. Choose from A to H the sentence that best summarises each paragraph (1-8) of
the article above and insert them in the boxes preceding each paragraph. The first
one has been done for you:
II. For questions 1-5, choose the answer (A, B, C or D) which you think fits best
according to the test; sometimes more than one option may be valid:
1. Why did Mustafa Salman keep Margaret Hassans purse and documents in his
house?
A. He wanted to ask Margarets family for a ransom.
B. The purse contained valuable possessions that he intended to sell.
C. Margaret Hassans purse and documents had been placed under his care.
D. Mustafas associates threatened to kill him if he didnt take them.
2. Why was Margaret Hassan allowed to appear in a video?
A. Her appeals might have determined the British forces to withdraw from Iraq.
B. The hostage-takers wanted to offer a proof of life to her family.
C. The hostage-takers wanted to negociate a ransom with the British Government.
D. That was the last chance she had to save her life.
3. Why did the kidnappers make contact with her Iraqi husband?
A. They wanted to negociate the ransom for Margarets release.
B. They needed an intermediary to establish a contact with the British Embassy.
C. They wanted Margarets family to put some pressure on the British Government.
D. They wanted to put Margarets future execution down to the British Government.
4. Why did the British Government refuse to open a dialogue with the kidnappers?
A. The British Government no longer considered Margaret Hassan a British citizen.
B. The British Government didnt want to give in to an Iraqi technique of political
manipulation.
C. The British Government chose to distance itself from any acts of Iraqi terrorism.
40
D. Opening a dialogue with the kidnappers meant withdrawing military forces from
Iraq.
5. Margarets family criticisms of the British Government approach were directed
at
A. the British Government refusal to pay the ransom requested by the kidnappers.
B. the British Government strategy of minimising the links between Mrs Hassan and
the UK.
C. the British Government refusal to open a dialogue with the kidnappers.
D. the British Government refusal to withdraw the military forces from Iraq.
III. Match the linking words/phrases in column A with their corresponding parts in
column B:
A
1. According to the latest statistics,
2. Due to the hard evidence found in his
house,
3. Up to a point, the kidnappers seemed
interested in
4. As a general rule, the Government is
not supposed
5. Despite the fact that Margarets
appeals could have been her last,
6. To put it briefly,
7. I am inclined to believe that from
now on,
8. The hostage-takers didnt obtain what
they wanted, consequently,
9. It is my firm belief that hostagetaking is nothing
10. That is to say, if a citizen of a certain
nationality is kidnapped,
B
a. more measures will be taken in
convicting terrorists.
b. to open dialogues with the kidnappers of
their citizens.
c. more than 200 foreigners and thousands
of Iraqis have been kidnapped and over 40
killed since the US-led invasion in 2003.
d. there should be some hidden political
agenda related to his/her kidnapping.
e. Mustafa Salman could be taken into
police custody.
f. the British Government didnt take any
military or political action.
g. but a terrorist way of negociating
military and political issues.
h. establishing a contact with the British
Embassy.
i. Margaret was another vitctim of Iraqi
terrorism.
j. they executed the useless hostage.
b) to
c) on
d) into
b) in
c) round
d) on
b) without
c) with
d) about
b) in
c) with
d) of
b) of
c) about
d) on
b) for
c) at
d) upon
b) in
c) up
d) against
b) to
c) on
d) into
b) on
c) to
d) up to
10. How can the government prevent journalists endangering their lives?
a) for
b) to
c) against
d) from
b) to
c) from
d) with
12. The Ministry of Defence has laid .. strict procedures for this kind of situation.
42
a) on
b) down
c) up
d) out
13. Quite from this problem, can such tests predict what the future holds in store
for us?
a) aside
b) apart
c) away
d) out
14. I generally agree . you, but I strongly object .. your behaving so rudely.
a) to, to
b) with, to
b) to, at
d) with, with
15. He pleaded guilty .. manslaughter after trying to escape from police custody.
a) of
b) to
c) against
d) for
16.The lorry belonged . an ex-convict that rented land on Smiths Farm, in Northolt,
west London.
a) with
b) to
c) of
d) in
17. Both men were meant to be . surveillence at the time of the killing.
a) on
b) above
c) under
d) below
18. Another person at the scene said that children were . the hostages taken by the
gunmen.
a) between
b) among
c) within
d) inside
19. This prisoner is not .. our jurisdiction. We have to call the district authorities.
a) above
b) below
c) under
d) on
b) out of
c) within
d) with
43
UNIT 7
Home confinement
Arrested and charged with possession of a controlled substance with intent to distribute,
William, a 30-year-old man with a history of substance abuse, awaits his "day in court,"
which is 3 months away.
Meanwhile, William must remain at home, except for a few select activities. During the
week, he leaves the house for his job as a welder at precisely 7 a.m. and returns home no
later than 5 p.m. He attends the 7 p.m. meeting of Narcotics Anonymous at the local
library every Thursday. He grocery shops at 2 p.m. every Saturday and goes to church
always attending the 10 a.m. service every Sunday.
William is not just on a rigid schedule, he is under home confinement. Instead of sending
him to jail, the court decided to release him to the community on the condition that he
remain at home except for certain approved activities. His presence in his home and his
absences from it are monitored electronically by an ankle bracelet he wears 24 hours a
day.
A Supervision Tool
Home confinement is a tool that helps U.S. probation and pretrial services officers
supervise, or monitor, defendants and offenders in the community. In the federal
courts, home confinement is not a sentence in and of itself but may be a condition of
either probation, parole, supervised release, or pretrial release. A person placed under
home confinement is confined to his or her residence, usually linked to an electronic
monitoring system, and required to maintain a strict daily activity schedule. When the
person is allowed to leave home, and for what reasons, is determined case by case.
Home confinement's purpose depends on the phase of the criminal justice process in
which it is used. In all cases, it is a means to restrict a person's activity and to protect the
public from any threat the person may pose. In pretrial cases, home confinement is an
alternative to detention used to ensure that defendants appear in court. In post-sentence
cases, home confinement is used as a punishment, viewed as more punitive than regular
supervision but less restrictive than imprisonment. Courts may use home confinement as
a sanction for persons who violate the conditions of their supervision. Also, the Federal
Bureau of Prisons may use it for inmates released to serve the last part of their sentence
under the supervision of U.S. probation officers.
Officers screen defendants and offenders to determine eligibility for the home
confinement program. Certain categories of serious or repeat offenders are not allowed to
participate. Prior criminal record, history of violence, and medical and mental health
44
conditions and needs are factors that officers carefully consider. Previous failures on
supervision, risk to the public that the person presents, third-party risk (such as previous
incidents of domestic violence in the household), and the person's willingness to
participate are considerations as well.
Close supervision by officers is a crucial component of the home confinement program.
The officer's job is demanding, time consuming, and sometimes dangerous. It requires
frequent phone calls to make sure participants are adhering to their approved schedules;
frequent unannounced, face-to-face visits; and 24-hour, 7-day response to alerts from the
monitoring center.
I. Make sure you understand the meaning of the legal terms in column A by
matching them with their definitions in column B:
A
1. probation
2. parole
3. supervised release
4. pretrial release
5. detention
6. sanction
7. inmate
II. Say whether the following statements are true (T) or false (F); when the
sentences are false, correct them:
45
2. to confine
3. to sentence
4. to release
46
5. to complete
6. to monitor
7. to possess
8. to select
9. to attend
10. to approve
11. to defend
12. to supervise
13. to restrict
14. to require
15. to consider
IV. Use the words given in capitals at the end of lines to form a word that fits in the
space in the same line; there is an example on the first line:
Electronic Monitoring
MONITOR
TRANSMIT
FREQUENT
RECEIVE
47
that the person is in range, or at home. The person must stay within
CONSIDER
V. Choose the correct plural form of the following nouns to complete the sentence:
1. We need a negotiator to talk to the . .
a) hostages-takers
b) hostage-takers
c) hostags-takers
b) searches warrants
c) searchs warrants
b) lows-breakers
c) law-breakers
b) hold-ups
c) helds-ups
b) women-diplomats
c) womans-diplomats
b) fellows-citizens
c) felows-citizens
b) sister-in-law
c) sisters-in-law
b) analyses
c) analises
a) criterions
b) criteria
c) criterias
b) activitis
c) activities
VI. Combine the words from column A with words from column B to form
compound nouns and collocations:
trial
offender
criminal
lines
petit
health
first
lifting
death
matters
community
esteem
mental
ship
guide
courts
member
exempt
probation
slaughter
citizen
jury
tax
work
shop
officer
self
penalty
man
state
Example:
1. trial courts
2. ___________________
3. ___________________
49
4. ___________________
5. ___________________
6. ___________________
7. ___________________
8. ___________________
9. ___________________
10.___________________
11.___________________
12.___________________
13.___________________
14.___________________
15.___________________
50
UNIT 1
Student First Amendment Case
Hazelwood School District v. Kuhlmeier
Students enrolled in the Journalism II class at Hazelwood East High School were responsible
for writing and editing the school's paper The Spectrum. Two of the articles submitted for
publication in the final edition of the paper contained stories on divorce and teenage
pregnancy. The divorce article featured a story about a girl who blamed her father's actions
for her parents' divorce. The teenage pregnancy article featured stories in which pregnant
students at Hazelwood East shared their experiences. To ensure their privacy, the girls'
names were changed in the article. The Journalism II teacher felt that the subjects of these
two articles were inappropriate. He concluded that journalistic fairness required that the
father in the divorce article be informed of the story and be given an opportunity to
comment. He also stated his concerns that simply changing the names of the girls in the
teenage pregnancy article may not be sufficient to protect their anonymity and that this topic
may not be suitable for the younger students. As a result, he prohibited these articles from
being published in the paper. Because there was no time to edit the paper if it were to go to
press before the end of the school year, the teacher eliminated the entire pages on which
these articles were written. The student authors then brought suit to the U.S. District Court
for the Eastern District of Missouri, alleging that their First Amendment rights to freedom of
speech had been violated. The U.S. District Court concluded that they were not. The students
appealed to the U.S. Court of Appeals for the Eighth Circuit, which reversed the ruling,
stating that the students' rights had been violated. The school appealed to the U.S. Supreme
Court, which granted certiorari.
Notes:
U.S. District Courts = are the trial courts of the federal court system. Within limits set by Congress and the
Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and
criminal matters. Every day hundreds of people across the nation are selected for jury duty and help decide some of
these cases. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia
and Puerto Rico. Three territories of the United States - the Virgin Islands, Guam, and the Northern Mariana Islands have district courts that hear federal cases, including bankruptcy cases.
52
U.S. Court of Appeals = the 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a
United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as
well as appeals from decisions of federal administrative agencies.
certiorari = an order of a superior court directing that a record of proceedings in a lower court be sent up for review.
I. Make sure you understand the meaning of the words and expressions in column A by
matching them with their Romanian equivalent in column B:
1. to submit an article for publication =
7. to allege =
g. a audia apeluri/recursuri
8. to appeal to =
9. to reverse a ruling =
II. Become familiar with the subject matter of the above case by answering the
following questions:
1. Who are the editors of the school's paper The Spectrum?
2. Which were the subject matters of the two articles submitted for publication?
53
5. What reasons did the teacher have to prohibited these articles from being published?
7. Why did the student authors bring suit to the U.S. District Court?
9. Why did the students appeal to the U.S. Court of Appeals for the Eighth Circuit?
III. Practical task Role playing: Starting from the case presented, try to enact its
presentation in front of the Supreme Court, following the next instructions:
Role assigning: the class is divided into three groups of students: the first group
consists of justices (judectori ai Curii Supreme). One justice is designated as the
Chief Justice (preedinte de tribunal); the second group consists of lawyers (3) for
Hazelwood School District (which represents Hazelwood East High School); the
third group consists of lawyers (3) for the student authors, including Kuhlmeier.
Hazelwood School District is known as the petitioner (petiionar/solicitant), while
Kuhlmeier is known as the respondent (reclamat/prt). Other roles: a court
timekeeper (cronometror) and a marshal (mareal al curii).
54
Procedure: two lawyers from the petitioners side present the main case to the Court;
the third lawyer presents the rebuttal case (dovedirea netemeiniciei cazului/dovada
contrarie). The lawyers for both sides put forth their best legal arguments and answer
any questions that the justices may have.
Note: It is important to remember that this is a simulation of oral arguments in the
Supreme Court and not a trial. No evidence is collected and witnesses are not called.
The steps of presenting oral arguments:
Here is a list of expressions and linking words that can be used in introducing
arguments for or against:
To make general statements: As a general rule, By and large, Generally, In general,
On the whole;
To make partially correct statements: Up to a point, To a certain extent/degree, To
some extent/degree, In a sense/way, there is some truth in this, To a limited extent;
To resort to general opinion: It is popularly believed that, People often claim that,
Some people argue that, It is widely argued that, Some people point out that, It is
often alleged that, Many experts support/oppose the view that, Contrary to popular
belief;
To counter-balance an argument: While it is true to say that , in fact ..; The fact
that contradicts the belief/idea that ..; On one hand , on the other hand;
To introduce arguments for or against: One very convincing argument/point in
favour of/against, A further common criticism of, It could be argued that,
One/another/a further /an additional advantage/disadvantage of , Another
55
V. Discuss the ruling of the U.S. Supreme Court in the Hazelwood School District v.
Kuhlmeier case, answering the following useful questions:
Discussion Starters
1. What is the difference between editing and censorship?
2. Do you agree with the Supreme Court's decision?
3. The Supreme Court effectively said that the school authorities could censor The
Spectrum. Can you think of any instances in which school authorities should or should
not determine the appropriateness of subject matter?
4. Just because the Supreme Court said that school authorities may have the final word,
does this mean that they should? Besides newspapers, what other forms of expression
might school authorities control as a result of the Court's decision in this case?
5. Does the Supreme Court's decision mean that school authorities can determine what is
and is not appropriate in a school-funded paper?
6. Could the journalism teacher prevent the publication of articles criticizing the school's
administration by saying that they are inappropriate?
7. Would the ruling in this case have been different if the school newspaper were written
by members of an extracurricular club and not a journalism class?
56
VI. Translate into Romanian the conditional sentences written in italics from the chart
below; reading the note below will get you familiar with the content of the grammar
chart:
Note:
Conditional clauses consist of two parts: the subordinate clause or the if-clause and the main clause. There are three
main types of conditional clauses and various mixed types. Each type is used to express different real/unreal,
present/past conditions, using certain pairs of tenses. There are also many exceptions from each type but students
dealing with conditionals for the first time should simply concentrate on the basic rules that will be presented in the
following chart:
Types
Type I
Type II
Main clause
Future tense simple
he will receive a life sentence.
Imperative
take a break and then start
again.
If I were you,
If he had more time,
Meaning
If-clause
Present tense simple
If
he
is
accused
of
manslaughter,
If they find hard evidence
against him,
Present tense simple
If the defendant pleads guilty,
he will be prosecuted.
Modal verbs
he must/should be sent to
prison.
Past
simple/continuous
57
VII. Fill in the gaps with the verbal constructions in the box to complete the following
conditional clauses:
had let
could get
will return
had announced
made
would ask
fail
may walk
1. You free from this court if you promise to report to Illinois police station
every Friday for the next three months.
2. If you .. to do so, you will be given one warning.
3. If you dont meet this obligation, you to this court for a harsher sentence.
4. If you .. us on time about your illness, we wouldnt have imposed a new
prison sentence.
5. If I were in your shoes, I . my doctor to produce a medical certificate,
proving my medical condition.
6. If your previous conduct had been better, you . a chance to enjoy
your freedom.
7. If your probation officer .. us know about your state of health, we could have
helped you to receive proper medical care.
8. If you an appeal, you might have a chance to extend your probation period.
9. If your lawyer had more legal papers in your favour, you a suspended
sentence.
10. If you . to 100 hour community work, you could have served your
sentence in less than three weeks.
58
UNIT 2
Contempt of Court or Violation of Freedom of the Press?
Branzburg v. Hayes
Petitioner Branzburg, a reporter at the Courier-Letter in Louisville, Kentucky, wrote two
articles for his paper concerning drug use in Kentucky. The first article, written in 1969,
focused on drug use in Jefferson County. Among other things, it contained a photograph of
hashish held in the hands of an unidentified person. In 1971, Branzburg wrote an article on
drug use in Frankfort, Kentucky. As sources for this article, he spoke with several marijuana
users. As a condition for cooperating with Branzburg, his sources requested that they not be
identified.
59
When published, both of these articles came to the attention of law enforcement personnel.
In each instance, Branzburg was called to testify before a grand jury concerning his
knowledge of the drug activities reported in his articles. The prosecutors in charge of these
grand jury proceedings ordered him to name his sources. Branzburg refused on the grounds
that the Freedom of the Press Clause of the First Amendment protects the confidentiality of a
journalist's sources. These cases were heard by Kentucky judges, who disagreed and held
that Branzburg had to name his sources. Branzburg appealed these decisions.
The 1969 article gave rise to the case, Branzburg v. Hayes. The 1971 article gave rise to the
case Branzburg v. Meigs. After moving through the Kentucky court system, the U.S.
Supreme Court agreed to hear these two cases, which it consolidated under the name
Branzburg v. Hayes.
I. Say whether the following statements are true (T) or false (F); when the sentences are
false, correct them:
1. Branzburgs sources allowed the journalist to use their initials only. ___
2. Branzburgs sources accepted to cooperate with the journalist provided that they were not
identified. ___
3. If Branzburgs articles had not been published, he wouldnt have been summoned to
appear in Court. ___
4. Branzburg was called to Court to be investigated in the two cases of drug use. ___
5. The prosecutors ordered Branzburg to reveal the names of his sources. ___
6. Branzburg refused to name his sources on the grounds that they were important public
figures. ___
7. The journalist invoked the Sixth Amendment in order to protect the confidentiality of his
sources. ___
II. The left column presents Branzburgs argument points on the case, while the right
column contains the judges argument points on the same case. Summarize each of the
four points presented below, by making contrasting points. Here is an example:
While the journalist considers that the First Amendment entitles him to protect the
confidentiality of his sources, Judge Hayes opposes the journalists viewpoint and states
that the freedom of the press is not above the law.
Argument Points
60
Branzburg (Reporter)
III. Translate into Romanian the four conditional clauses in bold, selected from the left
column above.
IV. Translate into English:
1. Libertatea presei nu poate asigura protejarea identitii surselor jurnalitilor.
2. n conformitate cu legea, dac un jurnalist este adus n faa Curii, el va trebui s depun
mrturie n legtur cu cazurile despre care deine informaii neoficial.
3. Este datoria presei s semnaleze Curii acele cazuri suspecte care ar face obiectul
jurisdiciei sale?
4. Dac un jurnalist alege s fie fidel sursei sale, aceasta nseamn neaprat c jurnalistul
respectiv comite o nclcare a legii?
5. Se face Branzburg vinovat de sfidare a curii prin faptul c a refuzat s dezvluie
identitatea surselor sale?
6. Dac procurorii ar nclca legea i ar comite abuzuri, i ei ar fi pedepsii n mod
corespunztor de instane superioare de judecat.
7. Dac ar fi s alegei ntre protejarea libertii presei i oferirea de informaii necesare
pentru rezolvarea unui caz anchetat, pentru ce ai opta i de ce?
V. Put the verbs in brackets into the correct tense, paying attention to the grammar
rules used in conditional clauses; sometimes more versions can be accepted:
1. He .. (be release) to the community if he accepts the home confinement
program.
2. If the mayor .. (approve) the community service program for our town, we
. (have) an opportunity to change negative perceptions about offenders.
3. He wouldnt have appeared before the clerk of the court if he (not
be summoned).
4. If an individual (meet) the legal qualifications for federal jury service, he/she
may stand a chance to be a member of a jury.
5. If the jury had attentively listened to the evidence and arguments of the respondents
lawyer, they (vote) in his favour.
62
b) experience
c) experiences
d) would experience
b) is
c) would be
d) should be
b) has been
c) is
d) would be
d)
has
5. If the writ of habeas corpus .. , the prisoner will be brought into court.
a) will be issued
b) is issued
d) were issued
6. If, after hearing both sides, the court that the grounds for the confinement are
illegal, the petitioner .
63
a) finds, is released
b) will find, is released
d) found, will be released
b) would pass
b) would hold up
c) would held up
10. If you .. journalists covering the Supreme Court, what would you write in a
murder case article?
a) are
b) were
c) had been
d) have been
11. If the defendant were found guilty, the jury the appropriate sentence, a
life term or death.
a) will then determine
b) would then determine
d) would then have determined
12. If the sentence of death for rape .. the Eighth Amendment, the rapist may receive
a life sentence.
a) violates
b) is violated
c) will violate
d) has violated
b) have, refuse
14. If the grand jury its proceedings in secret, requiring a journalist to reveal
confidential sources would have been considered prosecutorial abuse.
a) had conducted
conducted
b) has conducted
c) conducted
d)
would
have
64
15. If a journalists source is engaged in illegal activities and that the journalist could
be required to identify him/her, the source .. hesitant to talk.
a) knew, would be
will be
b) knows, will be
c) is known, will be
d) will know,
16. If reporters . to identify their confidential sources before a grand jury, the
press will not truly be free.
a) will be forced
b) must be forced
c) are forced
d) can be forced
b) work
c) will work
d) wont work
b) is assaulted
c) will be assaulted
d) were assaulted
19. If the journalists story criminal activity, he would have reported it.
a) has involved
b) involves
c) had involved
d) will involve
b) is conducting
will
be
UNIT 3
The Role of Federal Courts in Balancing Liberties and Safety
During times of uncertainty and national crisis, often there is a conflict between liberties and
safety. Sometimes liberties must yield to safety. Other times, safety must yield to liberties.
The goal of the law is to find the appropriate balance between liberty and safety.
65
One of the most important means for ensuring this balance, as well as one of the most
important means of protecting individual liberty in general, is the writ of habeas corpus. A
writ of habeas corpus allows persons who believe that they have been wrongfully
imprisoned to challenge the legality of their confinement. To do so, a person must petition a
court to issue the writ. If the writ is issued, the court directs the person who is holding the
petitioner in confinement (usually a jailor) to bring the prisoner into court and to explain the
grounds for the petitioner's detention. If, after hearing both sides, the court finds that the
grounds for the confinement are illegal, the petitioner is released.
The writ of habeas corpus came about as a result of the English Habeas Corpus Act of 1679,
31 Car. 2, c. 2. By the time of the American Revolution, the writ was cherished to such an
extent by American colonists that it was the only British judicial writ (legal command) to be
specifically mentioned in the U.S. Constitution (Article I, Section 9). Due to its role in
protecting liberty, the writ of habeas corpus is known as the Great Writ.
Although they hailed it as the Great Writ, the framers of the Constitution also realized that
there may be times when its application is inappropriate, for example, during times of
national crisis. In pertinent part, Article I, Section 9, of the Constitution deals with this
situation by saying, "The privilege of the Writ of Habeas Corpus shall not be suspended
unless when in Cases of Rebellion or Invasion the public Safety may require it."
Despite the fact that on rare occasions throughout United States history this writ has been
suspended (most notably by President Lincoln during the Civil War), it has served its
purpose and, even during times of war and national crisis, provided a means for those who
felt that they were unjustly imprisoned to challenge the legality of their confinements. For
example, in Ex Parte Milligan (1866), Lamdin Milligan, a civilian, used the writ to
successfully challenge the legality of his confinement following a conviction by a military
tribunal during the Civil War. Likewise, in Ex Parte Endo (1944), Mitsuye Endo
successfully used the writ to challenge the internment of persons of Japanese ancestry during
World War II.
In the cases mentioned above, the courts have had the difficult task of weighing the rights of
individuals with the right of the state to protect itself during times of national emergency.
Whether the issue is unjust imprisonment, restrictions on free speech, or the loss of property
rights, it was the role of the courts to try to arrive at a conclusion that balanced both liberties
and safety.
Note: Habeas Corpus = a writ ordering a person to be brought before a court or judge, esp. so that the court may
ascertain whether his detention is lawful
I. Extract from the text above the English equivalents for the following Romanian
words and expressions:
66
3. (writ) certiorari
5. ne exeat regno
6. nolle prosequi
7. per incuriam
8.
per
(per pro)
9. de facto
13. per se
III. Use the Latin legal terms in exercise II. in your own sentences, as in the following
examples:
He didnt lie to you. He is the de facto owner of the property.
The taxpayer does not have locus standi in this court.
The secretary signed per pro the manager.
IV. Re-read the text The Role of Federal Courts in Balancing Liberties and Safety. Then
check your reading comprehension by choosing the right version:
1. The writ of habeas corpus is:
a) a writ ordering a person to be release from prison immediately.
b) a writ ordering a person to be placed under house arrest.
c) a writ ordering a person to be brought before a court or judge, to see whether his detention
is lawful.
2. The application of the Great Writ:
a) has never been suspended throughout United States history.
b) has been suspended during times of war (the Civil War) and national crisis.
c) has been suspended whenever the newly elected president of the United States so decided.
3. In Ex Parte Milligan (1866), Lamdin Milligan used the writ:
a) to successfully challenge the legality of his death penalty.
b) to successfully challenge the legality of his confinement.
68
b) confessing
c) confess
d) confessed
2. I would rather .......... the rest of my life in jail than confess to a crime I did not commit.
a) spend
b) to spend
c) spending
d) spent
b) drop
c) dropping
d) to have dropped
4. He let me .............. which option was the best for my difficult situation.
a) decide
b) deciding
c) to decide
d) being to decide
b) to take
c) took
d) take
6. Why not ................. your case later, when we have further information.
a) to discuss
b) shall we discuss
c) discuss
d) discussing
69
b) to be promoted
d) being promoted
8. The police are said . for many months on this case, without any
results so far.
a) to be working
c) to had worked
d) to being working
9. Apparently criminals tend .. to the scene of the crime.
a) to have returned
b) returning
c) to be returned
d) to return
b) to have sentenced
c) to having sentenced
d) to being sentenced
11. Several measures need before hearing he witnesses.
a) be taken
b) being taken
c) to be taken
b) making
c) to have made
d) make
13. We are sure that he didnt mean .. perjury; he was too afraid .. the
truth.
a) committing, to tell b) to commit, to tell
d) commit, to be telling
14. They made him .. under duress, without allowing his lawyer .. present
during the cross-examination.
a) to speak, to be
b) speaking, being
c) to be speaking, to be
d) speak, to be
70
71
UNIT 4
United States Constitution: Amendments
Amendments to the Constitution of the United States of America
Articles in addition to, and amendment of, the Constitution of the United States of America,
proposed by Congress, and ratified by the several states, pursuant to the Fifth Article of the
original Constitution
Amendment IV [Annotations]
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Amendment V [Annotations]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be taken for
public use, without just compensation.
Amendment VI [Annotations]
72
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence.
Amendment VIII [Annotations]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX [Annotations]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
I. Find in the text above the synonymous words and expressions for the followings:
1. to approve officially = _____________________
2. personal belongings = _____________________
3. notorious, shocking = _____________________
4. showing a document = ____________________
5. to determine definitely = __________________
6. obligatory = _____________________
7. to cause to suffer/afflict (with) = ____________
8. act of bringing someone to court to answer a charge = ________________
9. list of charges given to a grand jury, asking them to indict the accused = _________
10. taking possession of smth = ______________
11. to interpret the meaning of words or of a document = ________________
12. to speak contemptuously of/to damage the reputation of = _____________
II. Make sure you understand the content of the amendments above by choosing the
correct answer:
73
1. Amendment IV prohibits:
a) the security of peoples lives, houses, papers and effects;
b) any unauthorized searches and seizures without a valid warrant, legally issued for a
specific purpose;
c) peoples rights to offer resistance to having their houses serched without a valid warrant.
2. Amendment V stipulates that:
a) no person shall be held responsible for a crime without the right to speak in front of the
Grand Jury;
b) no person shall be forced to answer for a crime in front of the Grand Jury;
c) no person shall be kept in custody without an indictment of a Grand Jury.
3. Amendment VI deals with:
a) the criminals rights during the criminal proceedings;
b) the witnessesright to decide whether to appear or not in a criminal trial;
c) the publics right to witness the process of prosecuting a criminal.
4. Amendment VIII advocates that:
a) the arrested persons should be released on bail, receive a minimum fine and have no
punishment inflicted on them;
b) the arrested persons should be denied the right to be released on bail, be fined heavily and
punished accordingly;
c) not all arrested persons should be granted bail and that neither fines nor punishments
should be used excessively.
5. Amendment IX says that:
a) the rights stipulated in the Constitution can be interpreted and applied as everyone
pleases;
b) the rights stipulated in the Constitution shall not be misconstrued so as to undermine
others that people hold dear;
74
c) the rights stipulated in the Constitution can always be amended in accordance with the old
ones that people treasure.
III. Unscramble the following two sets of words to recreate the text of two
amendments:
citizens previous of States
servitude. States
shall not
to vote
by any State
be denied
The right
race,
or
condition of
on account of
the United
by the United
or abridged
or
color,
Amendment XV.
The right of ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
the President
shall become
the removal
of
of his death
or resignation,
In case of
from office
President. or
Example:
I really like . .
I really like spending time with my family and my friends.
He detests
He detests being held responsible for something he did not do.
Its no good
Its no good trying to be friendly with everybody.
1. My boss really detests .
2. She does enjoy .
3. I cant tell you how much I hate.. (passive
gerund).
4. Everybody loves .
5. I definitely prefer .. to ..
(prefer + gerund + TO + gerund = prefer doing smth to doing smth else)
6. My teacher resents
7. Its no use .
8. I am sure that its not worth .
9. If you think this is worth , then ..
10. Theres no point in .
11. Old people cant stand
12. Though I hate saying this, I am used to .
13. Finally, I have got used to
14. I have to admit, I am not accustomed to .
15. Sometimes, students have difficulty in .
16. I cant tell you how much I look forward to
V. Practise the use of Perfect Gerund to refer to past actions:
Example:
He was accused of having trafficked arms.
He strongly denied having pointed a gun at her.
1. The man was charged with .. .
2. The President has never been suspected of
3. She admits ..
4. We really appreciate your ..
5. I remember
6. He will never forgive my ..
7. Do you recall
8. They hold him responsible for .
9. You should be ashamed of yourself for ..
10. In spite of , the prisoner
76
b) paying
c) to be paid
d) to be paying
b) see
c) have seen
d) saw
3. Find me a good lawyer! I dont want to risk .................. the rest of my life in jail.
a) spending
b) to spend
c) having spended
d) spend
4. I advised him ..................... to the court and accuse him of conspiracy crimes.
a) to go
b) going
c) to going
d) to have gone
b) having to wait
c) waiting
d) wait
6. Im sorry Your Honour, but I can t help ................... when I speak about my son.
a) crying
b) not to cry
c) not crying
d) cry
7. They arrived home ........................ that the house had been burgled.
a) finding
b) having found
c) to find
d) to have found
8. Despite ........................ jailed for drug crimes 5 years ago, he has just been taken into
custody for the same count.
a) to have been
b) having been
c) to being
d) having to be
9. British Airways regret ........................... that the flight BA541 from Paris has been
cancelled.
a) announcing
b) having announced
c) to announce
d) announce
c) noticing
d) notice
b) acting
c) to have acted
d) act
b) deliberating
c) to be deliberating
d) deliberate
13. The judge admitted ..................... bribe from one of his clients months before the trial.
77
a) to take
b) to be taking
c) having taken
d) having took
14. He finds it hard .......................... the corrupt system of justice in this third world
country.
a) enduring
b) to endure
c) having endured
15. He has been charged with .................... and taken into custody.
a) tresapass
b) trespassing
c) tresspassing
d) to trespass
b) to have heard
c) to hear
d) being heard
b) stand
c) being stand
d) standing
b) is
c) being
d) been
19. We keep . the law-makers that new laws should be instituted against
public corruption.
a) telling
b) to be telling
c) being told
d) having tell
20. All foreigners complain that they are not used to .. on the left.
a) drive
b) have to drive
c) driving
d) having driven
78
UNIT 5
Disclosure of Classified Information
One of the only ways that the general public learns about the activities of its government is
through the leaking of classified information to the press. The news about the NSA's
eavesdropping programs and the CIA's alleged "black sites" was leaked to the press,
which put the leaker at risk of being prosecuted for grave national security violations.
The federal government takes these leaks seriously and has vowed to prosecute any
person who has disclosed or has possessed classified information.
Receiving or obtaining classified information is covered by section 793. In order to
convict an individual for the unlawful possession of classified information, the
government must prove beyond a reasonable doubt that:
the defendant possessed certain enumerated information, which he knows has been
obtained contrary to law;
the defendant received it from any person or any source;
the information related to the national defense and
the information was received for the purpose of obtaining information respecting the
national defense with intent or reason to believe that the information is to be used to
the injury of the United States, or to the advantage of any foreign nation.
79
The punishment for a violation of section 793 is a fine, imprisonment for up to 10 years, or
both.
Section 798 covers disclosure of classified information. To convict a person for disclosing
classified information, the government must prove beyond a reasonable doubt that:
the defendant provided classified information to another person;
that person was not authorized to receive the classified information;
the classified information concerns the nature, preparation, or use of any code, cipher,
or cryptographic system of the United States or any foreign government; or concerns
the design, construction, use, maintenance, or repair of any device, apparatus, or
appliance used or prepared or planned for use by the United States or any foreign
government for cryptographic or communication intelligence purposes; or concerning
the communication intelligence activities of the United States or any foreign
government; or is obtained by the processes of communication intelligence from the
communications of any foreign government, knowing the same to have been obtained
by such processes;
and the defendant knows that the information is to be used to the prejudice of the
United States, or for the benefit of any foreign government to the detriment of the
United States
The punishment for a violation of section 798 is a fine, imprisonment for up to 10 years, or
both.
I. Check whether you are familiar with the new vocabulary, by choosing the right
version:
1. In the sentence The news about the NSA's eavesdropping programs, to eavesdrop means:
a) to let ones ears drop;
b) to listen secretly to the private conversation of others;
c) to whisper secrets to someones ear.
2. In the sentence The federal government has vowed to prosecute, to vow means:
a) to pledge, promise, or undertake solemnly;
b) to pronounce a vowel;
c) to take a solemn oath.
80
3. In the sentence The government must prove beyond a reasonable doubt that, beyond any
reasonable doubt means:
a) giving someone the benefit of the doubt;
b) beyond any suspicion of guilt;
c) almost certain proof needed to convict a person in a criminal case.
4. In the phrase obtaining information respecting the national defense, respecting means:
a) regarding, concerning;
b) obeying, not violating;
c) showing or having respect for.
5. In the sentence To convict a person for disclosing classified information, to disclose
information means:
a) to make information known;
b) to receive money in exchange of information;
c) to look for more information.
II. Answer the following questions using information from the text above or appealing
to your own information:
1. How can the general public learn about the activities of its government?
________________________________________________________________________
2. What reasons could a leaker have to disclose classified information?
________________________________________________________________________
3. Which risks does the leaker take by disclosing classified information?
________________________________________________________________________
4. What measures can the federal government take to prevent leakers from disclosing
information?
________________________________________________________________________
81
Suppose they .. (offer) to reduce your prison sentence, would you co-operate?
Suppose they offered to reduce your prison sentence, would you co-operate?
Id rather she .. (spend) the rest of her life in jail than sell drugs for a living.
Id rather she spent the rest of her life in jail than sell drugs for a living.
1. I wish they . (not find) him guilty of obstruction of justice.
2. If only they .. (do) something to reduce the increasing number of identity thefts.
3. Suppose another Attorney General . (be appointed) to work with us, would
it make any difference?
4. He puts on such a superior air as if he . (do) everybody a huge favour by coming
to Court.
5. Id rather they (keep) him behind bars for another year.
6. If I . (be) in your place, I would deny any involvement in the murder case.
7. Its time you . (decide) how you want to spend the rest of your life.
8. She wishes her lawyer (find) more time to review her deposition.
9. If only the jury (find) him not guilty!
10. Imagine you .. (be kidnapped) and (ask) to reveal the sources of
your information!
11. If the commission (vote) against the motion, a new delegation would have to be
sent to London next week.
12. You treat me as if I . (be) your slave!
13. Id sooner the Congress . (criminalize) the use of a false identity in
committing a felony.
14. We all wish that those who attempt to commit such crimes ....... (be punished)
accordingly.
15. If only we . (know) what to do when witnessing different crimes!
Remember the use of Perfect Subjunctive
V. Practise the use of Perfect Subjunctive (had + past participle) to refer to imaginary,
unreal or improbable situations in the past:
Examples:
I wish you (adopt) a more mature attitude during crisis situations.
I wish you had adopted a more mature attitude during crisis situations.
Id rather they .. (vote) the fifth Amendment to the Constitution many centuries
ago.
Id rather they had voted the fifth Amendment to the Constitution many centuries ago.
1. The European Union wishes France .. (vote) the E.U. Constitution.
2. Professors from the Romanian Academy wish the new legislation against Intellectual
Property Crimes .. (implement) by the European Commission.
3. Id rather the jury .. (prove) beyond any reasonable doubt that the defendant of
guilty of tax evasion.
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4. If the plaintiff . (submit) all his claims on time, the court would have
discussed them in full session.
5. If only the Secretary of State .. (certify) the ratification of the new
amendment before last September!
6. The voters behave as if their rights .. (violate) in the last election.
7. Suppose the Congress .. (be) in session that month!
8. The hostage wishes his kidnappers (consider) and (approve)
his claims.
9. Suppose the kids family (offer) to pay a substantial ransom, would you
have considered it?
10. If the authorities . (not have) second thoughts about reopening the serial
killer case, the results would have been different.
VI. Choose either were subjunctive or perfect subjunctive forms to express present or
past unreal situations:
1. Id rather you to your parents that I am an ex-convict.
a) dont mention
b) didnt mention
c) havent mention
d) wont
mention
2. If only you . me earlier about your previous conviction!
a) inform
b) had informed
c) informed
d) informing
3. Even if they . willing to testify against him, the sentence would have
remained the same.
a) were
b) are
c) having been
d) had been
4. Its time they with a solution against international extradition.
a) came up
b) had come
c) will come up
d) should come up
5. He was so anxious to leave the court room as if he .. convicted to a life-time
in jail.
a) has been
b) had been
c) were
d) having been
6. I wish the police all the witnesses under the witness protection program;
now its too late for this!
a) placed
b) had placed
c) should place
d) to place
d) have come
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UNIT 6
Health Care Fraud
Health care fraud is a serious crime which is investigated by the FBI's Financial Crimes
Section [hereinafter FCS]. The mission of the FCS, in the FBI's words, "is to oversee the
investigation of financial fraud and to facilitate the forfeiture of assets from those engaging
in federal crimes." The FCS is divided into four sections, one of which is the Health Care
Fraud Unit [hereinafter HCFU]. The HCFU oversees investigations that target individuals
and organizations who defraud the public and private health care systems. Among the
activities that are investigated by the HCFU are:
billing for service not rendered
billing for a higher reimbursable service than performed (also known as "upcoding")
performing unnecessary services
kickbacks
unbundling of tests and services to generate higher fees
durable medical equipment fraud
pharmaceutical drug diversion
outpatient surgery fraud, and
internet pharmacy sales.
The HCFU estimates that fraudulent billings to health care programs comprise between 3 to
10 percent of total health care expenditures. Furthermore, the HCFU has noticed that the
most significant trend in recent health care fraud cases is "the willingness of medical
professionals to risk patient harm in their schemes. Current fraud schemes consist of
traditional schemes that involve fraudulent billing, but also incorporate unnecessary
surgeries, diluted cancer drugs, and fraudulent lab tests." In exchange for kickbacks, some
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If the violation results in serious bodily injury that person can be punished by
Note: Long compound text reference words are specific to formal, legal style; for those who are nor familiar with
these terms, here is a short list of examples, with their definition and Romanian translation:
hereinafter
herein
= in this document
hereby
hereunder
henceforth
notwithstanding
= in spite of
I. Match the new words and expressions in column A with their Romanian equivalents in
column B:
A
a. a defrauda/nela/escroca
c. serviciu rambursabil
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4. to defraud
d. taxri frauduloase
6. reimbursable service
7. kickback
8. to unbundle tests/services
generate higher fees
to h. a supraveghea/controla investigaia
j. confiscarea bunurilor
II. Match the four definitions below with their corresponding words in the box, to
distinguish between different forms of bribes:
bribe
boodle
kickback
hush-money
nouns
1. to investigate
1. investigation
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2. to forfeit
2.
3. to facilitate
3.
4. to engage
4.
5. to estimate
5.
6. to involve
6.
7. to incorporate
7.
8. to punish
8.
9. to injure
9.
10. to render
10.
___________________________________________________________________
2.
___________________________________________________________________
3.
___________________________________________________________________
4.
___________________________________________________________________
5.
___________________________________________________________________
6.
___________________________________________________________________
7.
What is the punishment for a person charged with a health care fraud?
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__________________________________________________________________
8.
What is the punishment for a health care fraud when the patient is seriously
injured?
__________________________________________________________________
9.
What is the punishment for a health care fraud when the patient dies?
__________________________________________________________________
10.
frauds?
__________________________________________________________________
V. Translate the following fragment into Romanian:
Current fraud schemes consist of traditional schemes that involve fraudulent billing, but also
incorporate unnecessary surgeries, diluted cancer drugs, and fraudulent lab tests." In
exchange for kickbacks, some patients will willingly undergo "unnecessary and unwarranted
medical procedures to generate fraudulent claims and profits."
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Remember the use of should + infinitive as an Analytic Subjunctive after:
verbs of command and control: advise, agree, arrange, ask, beg, claim, command,
decide, demand, determine, insist, order, propose, recommend, require, request, rule,
stipulate, suggest, urge, etc.
it is/was + adjective + that: it is/was absurd, advisable, amazing, better, compulsory,
desirable, essential, imperative, important, ludicrous, natural, necessary,
recommendable, ridiculous, strange, surprising, etc.
so that, in order that, lest, in case, for fear that, in Purpose Clauses.
VI. Put the verbs in brackets into the correct should Analytic Subjunctive form:
Example:
The judge ruled that the jury should withdraw to deliberate upon the verdict.
It was absurd that he should have been arrested for such an insignificant act.
He began to be worried lest they should have accused him of mortgage fraud crimes.
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1. The police demand that the information be withheld until further evidence.
2. The buyers insisted that the program provide more functions.
3. They put in an application form so that she be accepted at the University of Colorado.
4. It is decided that he take part in the following under-cover mission.
5. It is vital that the Member State in question intervene in the proceedings before the
Court of First Instance.
6. It is required that the Court of Justice rule on such applications.
7. It is stipulated that an appeal to the Court of Justice be limited to points of law.
8. So be it; no punishment shall be inflicted upon him!
9. Be that as it may, we shall go on with our plan.
10. Be he who he may think, he has no place here!
11. Suffice it to say that justice has been done, and everybody will bless your name.
12. God save the Court of Justice!
13. Long live the President of the Court of Justice!
14. Justice be hanged! I shall make my own justice!
15. Damn the judges! They are not Gods instruments on earth!
16. Far be it from me to testify against you!
17. May you win this case and many to follow!
18. However much he may charge, he does a great job!
19. However hard I may try, I dont seem to get to the bottom of it!
20. They were afraid that the results might discourage him.
VIII. Choose the correct forms of Analytic Subjunctive and Synthetic Subjunctive:
1. It is vital that the defendant . the benefit of the doubt.
a) be given
b) can be given
c) should be give
d) is given
2. The judge insisted that the verdict before the Court adjourns for lunch.
a) should be pronounced
b) being pronounced
c) be pronouncing
d) will be pronounced
3. Under no circumstances will I disclose the name of my sources! Heaven . !
a) forbids
b) forbid
c) forbade
d) will forbid
4. it to say that she is terribly sorry for what she did.
a) Sufficient
b) Suffice
c) Suffices
d) Sufficed
5. . what may, I shall not drop the charges against him!
a) Comes
b) Coming
c) Come
d) To come
6. It was out of the ordinary that the judge .. the lawyers representing
the plaintiff and respectively the respondent to argue their cases in parallel.
a) should ask
b) has asked
c) should have asked
d) to have asked
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d) May
d) received
15. Far ... it from me to make allegations before having some proofs.
a) away is
b) is
c) should be
d) be
UNIT 7
Identity Theft
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Identity theft is one of the fastest growing crimes in the world. The news has been filled with
stories about how personal data have been compromised from certain personal information
aggregators. The ITADA [Identity Theft and Assumption Deterrence Act of 1998] amended
the fraud chapter of title 18 of the United States Code to create a new crime prohibiting the
unlawful use of personal identifying information, including, but not limited to, names, social
security numbers, and credit card numbers. Identity fraud involves the misappropriation of
another person's personal identifying information. Criminals use this information to establish
credit in their name, run up debts on another person's account, or take over existing financial
accounts. The ITADA directed the Sentencing Commission to "review and amend the
Federal sentencing guidelines and the policy statements of the Commission, as appropriate,
to provide an appropriate penalty for each offense under section 1028 of title 18.
One of the most common method of stealing identities is through the theft of credit card
numbers or Personal Identification Numbers [hereinafter PINs]. This method is covered by
18 U.S.C. 1029, which uses the unfortunate terminology of "access devices."
The Crime
It is a crime to do any of the following ten offenses listed in section 1029(a):
knowingly, and with intent to defraud, produce, use, or traffic in one or more
counterfeit access devices;
knowingly, and with intent to defraud, traffic in or use one or more unauthorized
access devises during any one-year period, and, by doing so, obtain anything of value
aggregating $ 1,000 or more during that period;
knowingly, and with intent to defraud, possess fifteen or more devices which are
counterfeit or unauthorized access devices;
knowingly, and with intent to defraud, produce, traffic in, have control or custody of,
or possess device-making equipment;
knowingly, and with intent to defraud, effect transactions, with 1 or more access
devices issued to another person or persons, to receive payment or any other thing of
value during any 1-year period the aggregate value of which is equal to or greater than
$ 1,000;
without the authorization of the issuer of the access device, knowingly, and with intent
to defraud, solicit a person for the purpose of either: offering an access device, or
selling information regarding or an application to obtain an access device;
knowingly, and with intent to defraud, use, produce, traffic in, have control or custody
of, or possess a telecommunications instrument that has been modified or altered to
obtain unauthorized use of telecommunications services;
knowingly and with intent to defraud use, produce, traffic in, have control or custody
of, or possess a scanning receiver;
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knowingly use, produce, traffic in, have control or custody of, or possess hardware or
software, knowing it has been configured to insert or modify telecommunication
identifying information associated with or contained in a telecommunications
instrument so that such instrument may be used to obtain telecommunications service
without authorization; or
without the authorization of the credit card system member or its agent, knowingly,
and with intent to defraud, cause or arrange for another person to present to the
member or its agent, for payment, 1 or more evidences or records of transactions
made by an access device.
I. Check the meaning of the following words and expressions by choosing the right
version:
1. In the sentence The ITADA amended the fraud chapter of title 18 of the United States
Code , to amend means:
a) to alter or revise (legislation, a constitution, etc.) by formal procedure;
b) to make someone pay a certain amount of money exacted as a penalty;
c) to judge (something) with disapproval; censure.
2. In the sentence Identity fraud involves the misappropriation of another person's personal
identifying information, to misappropriate means:
a) to have as one's property/to own;
b) to appropriate for a wrong or dishonest use/to embezzle or steal smth;
c) to give (a person) wrong directions or instructions.
3. In the sentence Criminals use this information to run up debts on another person's
account, to run up debts means:
a) to get rid of ones debts by running;
b) to pay back ones debts;
c) to amass/accumulate or incur debts.
4. In the sentence Criminals use this information to take over existing financial accounts.,
to take over means:
a) to cancel the validity of/ abolish;
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crimes possible?
I am inclined to believe that _______________________________________________
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______________________________________________________________________
3. Name some of the criminal methods used when committing identity theft crimes.
To my mind, ___________________________________________________________
______________________________________________________________________
4. Which criteria have been used in distinguishing the 10 particular offences enumerated
in the text?
It seems to me that ______________________________________________________
______________________________________________________________________
5. What could be done and in which areas to reduce the increasing number of identity
theft crimes?
To my way of thinking, ___________________________________________________
_______________________________________________________________________
IV. Translate the following fragment into Romanian:
Identity fraud involves the misappropriation of another person's personal identifying
information. Criminals use this information to establish credit in their name, run up debts
on another person's account, or take over existing financial accounts. The ITADA
directed the Sentencing Commission to "review and amend the Federal sentencing
guidelines and the policy statements of the Commission, as appropriate, to provide an
appropriate penalty for each offense under section 1028 of title 18.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Remember Phrasal verbs
Phrasal verbs are idiomatic phrases consisting of verbs plus adverbial particles or verbs
plus prepositions.
Different from other free combinations or prepositional verbs, where the meaning can be
predicted from the meaning of verb and particle in isolation, a phrasal verb has its own
meaning, distinct from that of separate words.
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Therefore, a phrasal verb must be learnt as a whole unit with a particular meaning, and
not approximated by the meanings of its components.
Examples:
She tried to take in her friends.
to deceive [not to bring in]
I think you should cut down your traveling expenses.
reduce
We arranged to meet in front of the cinema but she didn`t turn up.
come
V. Rewrite the following sentences, using the phrasal verbs in the box to replace the
verbs in italics and making any necessary changes in word order:
keep in with
cut down on
do away with
book up
check in
break away
think over
hold on
come up with
wear out
call off
break off
1. There are still many countries which have not decided to abolish the death penalty.
There are still many countries which have not decided to do away with the death penalty.
2. I can`t possibly reduce his daily allowance. He would attribute this to my decision to hire
more staff.
________________________________________________________________________
3. I can always count on him. He has never dissapointed me.
________________________________________________________________________
4. After several unsuccessful attempts to escape from prison, the prisoner decided to wait till
he was to be moved to another prison.
_______________________________________________________________________
5. How did you find that brilliant idea?
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_______________________________________________________________________
6. Please reflect upon this and let me know.
_______________________________________________________________________
7. Have you managed to make a table reservation for dinner?
_______________________________________________________________________
Yes, this is the first thing I did after I registered myself at the hotel.
_______________________________________________________________________
8. I remained in good terms with my relatives, though they tried to disinherit me.
_______________________________________________________________________
9. The negotiations with the Japanese company have been suspended, consequently, all the
meetings with the Japanese clients had to be cancelled.
______________________________________________________________________
10. Children sometimes exhaust their parents, especially when asking questions all the time.
______________________________________________________________________
VI. Replace the phrasal verbs in italics with an appropriate verb or verbal
construction; the first one has been done as an example:
1.
I have neither the time nor the courage to go into/to investigate this controversial
case.
2.
3.
4.
5.
The novel which I have been working on for such a long time will eventually come
disguise.
7.
I won`t give your secrets away/__________ provided that you are through
9.
10.
He has gone through/___________ a lot lately; but with some effort you will get
over/_________ it.
VII. Choose the right version to form phrasal verbs that fit in the context; check the list
of the main phrasal verbs selected in the alphabetical order of the adverbial particle
present at the end of the book before making your choice:
1. I dont know how you can put . .. such an unbearable situation.
a) by with
b) up of
c) up with
2. The good sales brought . an increase in the employees salaries.
a) in
b) around
c) about
3. I guess the printer has either run .. paper or has broken .
a) away with, down
b) out of, down
c) off with, off
4. Several companies have decided to lay . employees and call .. all investment
projects.
a) off, off
b) out, off
c) up, down
5. You have to learn how to .. if you are suffering from high stress levels.
a) draw back
b) wind down
c) hold up
6. My lawyer can bear . the truth of my story with substantial evidence.
a) in
b) away
c) out
7. I called at the restaurant, but all the tables were . up.
a) cleaned
b) booked
c) reserved
8. We tried to bring the unconscious woman .. but without any success.
a) round
b) up
c) over
9. Despite all difficulty, he finally managed to carry the orders he had been given.
a) about
b) off
c) out
10. His joke caught . right away and the public was very excited.
a) on
b) through
c) out
11.The disastrous economic situation of our country . . urgent measures.
a) brings about
b) lays down
c) calls for
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b) off
c) up
b) down to
c) back to
18. I must admit it was hard for me not to give .. to his threats.
a) away
b) out
c) in
19. We cant rule.. this argument for the final hearing.
a) out
b) off
c) down
20. Our plan to call the witness for the defence fell . due to a miscarriage of
justice.
a) about
b) away
c) through
21. You are wearing me with your annoying questions!
a) in
b) out
c) over
22. Everybody considered that the judge had a reason to let him .. like that.
a) off
b) on
c) away
23. Why dont you put your claim to be granted the right to a fair trial?
a) in
b) out
c) forward
24. Your Honour, I can stand the defendant! I demand to be heard!
a) in for
b) up for
c) down to
25. Your skillful lawyer will talk him testifying before the jury.
a) into
b) about
c) against
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KEY TO EXERCISES
FIRST YEAR OF STUDY
UNIT 1
I. 1. i-q; 2. k-v; 3. f-m; 4. h-s; 5. a-x; 6. l-n; 7. d-p; 8. b-u; 9. j-o; 10. e-r; 11. g-t; 12. c-w
II. 1. evidence; 2. verdict; 3. appeal; 4. law; 5. crime; 6. trial; 7. law, law; 8. evidence; 9.
verdict, appeal; 10. trial, law; 11. evidence; 12. trial, law.
IV. 1. c; 2. d; 3. a; 4. b; 5. c; 6. c; 7. a; 8.c; 9. c; 10. a; 11. c; 12. c; 13. b; 14. c; 15. c.
VI. 1. c; 2.a; 3. c; 4. b; 5. d; 6. a; 7. d; 8. a; 9. b; 10. c.
VII. 1. g; 2. j; 3. i; 4. f; 5. a; 6. c; 7. e; 8. d; 9. b; 10. h.
VIII. 1. k; 2. d; 3. f; 4. g; 5. a; 6. h; 7. b; 8. i; 9. j; 10. e; 11. c.
IX. 1. am seeing; 2. are you thinking, dont you talk; 3. has decided; 4. have you accepted; 5.
came, asked, told, didnt seem; 6. was waiting, realized, was watching, decided; 7. has been
presiding, is retiring; 8. didnt make, had found; 9. had been working, found out, had been
married; 10. arrive, will have landed; 11. graduated, have reconsidered, have decided; 12.
had already addressed, was summoned.
UNIT 2
I. 1. T; 2. T; 3. F; 4. F; 5. T; 6. F; 7. F; 8. F; 9. T; 10. T.
II. 1. f; 2. e; 3. h; 4. j; 5. a; 6. m; 7. b; 8. n; 9. l; 10. g; 11. o; 12. c; 13. d; 14. i; 15. k.
III. 1. c; 2. a; 3. c; 4. a; 5. b.
IV. 1. c; 2. i; 3. e; 4. j; 5. g; 6. h; 7. f; 8. a; 9. d; 10. b.
VII. 1. b; 2. a; 3. c; 4. d; 5. c; 6. a; 7. b; 8. b; 9. d; 10. d.
VIII. 1. c; 2. d; 3. b; 4. b; 5. a; 6. b; 7. c; 8. a; 9. c; 10. d; 11. b; 12. b; 13. a; 14. b; 15. c.
UNIT 3
I. 1. Court of Justice; 2. governments of the member states; 3. Each member state; 4. the
largest states, the smaller member states; 5. rotation system; 6. bare majority; 7. judges and
advocates-general; 8. EEC Treaty; 9. four chambers, two chambers; 10. annually.
IV. 1. j; 2. e, h; 3. f, i; 4. a; 5. b, g; 6. d; 7. c.
V. 1. run for; 2. summoned; 3. appointed; 4. convened; 5. elected; 6. sitting; 7. stand for; 8.
heard; 9. dissolve; 10. dismissed.
VI. 1. d; 2. a; 3. a; 4. c; 5. c; 6. d; 7. b; 8. d; 9. b; 10. c.
VII. 1. b; 2. c; 3. b; 4. b; 5. b; 6. c; 7. a; 8. a; 9. b; 10. c; 11. c; 12. c; 13. a; 14. b; 15. c.
UNIT 4
I. 1. d; 2. g; 3. i; 4. k; 5. h; 6. l; 7. j; 8. b; 9. f; 10. c; 11. e; 12. a.
IV. breach of trust; breach of the peace; breach of confidence; infringement of copy-right;
infringement of patents.
V. 1. b; 2. c; 3. a; 4. b; 5. c; 6. d; 7. d; 8. c; 9. c; 10. a; 11. b; 12. b; 13. c; 14. a; 15. b.
VI. 1. b; 2. d; 3. a; 4. b; 5. c; 6. a; 7. c; 8. b; 9. c; 10. a.
102
103
IV. 1. didnt find; 2. did; 3. were appointed; 4. did; 5. kept; 6. were; 7. decided; 8. found; 9.
found; 10. were kidnapped, asked; 11. voted; 12. were; 13. criminalized; 14. were punished;
15. knew.
V. 1. had voted; 2. had been implemented; 3. had proved; 4. had submitted; 5. had certified;
6. had been violated; 7. had been; 8. had considered, (had) approved; 9. had offered; 10.
hadnt had.
VI. 1. b; 2. b; 3. d; 4. a; 5. b; 6. b; 7. c; 8. a; 9. d; 10. d; 11. b; 12. c; 13. d; 14. a; 15. b.
UNIT 6
I. 1. e; 2. h; 3. j; 4. a; 5. l; 6. c; 7. i; 8. b; 9. k; 10. d; 11. f; 12. g.
II. 1. kickback; 2. bribe; 3. hush-money; 4. boodle.
VI. 1. should be introduced; 2. should adjourn; 3. should withdraw; 4. should have called; 5.
should be released; 6. shouldnt approach; 7. shouldnt come; 8. should be burgled; 9. should
be released; 10. should have taken; 11. should have gone; 12. should have missed; 13.
should read; 14. should have informed; 15. should have shared, shouldnt have said.
VIII. 1. a; 2. a; 3. b; 4. b; 5. c; 6. c; 7. d; 8. c; 9. a; 10. b; 11. b; 12. c; 13. d; 14. b; 15. d.
UNIT 7
I. 1. a; 2. b; 3. c; 4. b; 5. c.
V. 2. cut down on, put this down to; 3. let me down; 4. to break away, to hold on; 5. come up
with; 6. think this over; 7. to book up, checked in; 8. kept in with, cut me off; 9. have broken
off, called off; 10. wear out.
VI. 2. replace; 3. met unexpectedly; 4. depend on my parents for financial support; 5. be
published; 6. inheriting, proved; 7. disclose, end the relationship with; 8. raise to; 9. reach
you; 10. has suffered, overcome.
VII. 1. c; 2. c; 3. b; 4. a; 5. b; 6. c; 7. b; 8. a; 9. c; 10. a; 11. c; 12. a; 13. c; 14. c; 15. b; 16. a;
17. b; 18. c; 19. a; 20. c; 21. b; 22. a; 23. c; 24. b; 25. a.
105
ON
carry on (with) = to continue
catch on = to become popular
get on = to make progress
go on with = to continue sth esp after a pause
hold on = to wait
keep on = to continue doing sth
live on sb/sth = to depend on sb/sth for financial support
look on = to watch sth without taking part in it
move on to = to change the subject
take on = to undertake work; employ staff; accept as an opponent
try on = to try the fit (of clothes)
turn on = switch on; attack sb suddenly
work on = to be occupied with
OUT
back out of = to withdraw from
bear out = to support the truth of
bring out/ come out = to publish
carry out = to fulfil or perform sth
check out = to pay one`s bill and leave the hotel
fall out with sb = to quarell with sb
give out = to come to an end; to announce; to distribute
look out = be careful; watch out
make out = to understand sth; claim to be; complete sth
put out = to extinguish
rule out = exclude, eliminate
run out of = to exhaust the supply of sth
see out = to accompany sb to an exit
turn out = to prove to be; produce
wear out = become useless or exhausted through use (clothes) ; cause sb
to become exhausted, tire sb out
work out = to find a solution by resoning; turn out successfully
OVER
blow over = to cease or finish; be forgotten
come over = (of a feeling) affect sb; change from one side, opinion to
another
get over = to recover from; overcome or master sth;
109
get sth over (with) = to communicate sth to sb; complete sth unpleasant
but necessary
make over = to transfer the ownership of sth
pass over (to) = to hand (to sb)
see over = to inspect by making a tour of
take over = to assume the control or management of
think over = to reflect upon sth before making a decision
turn (sth) over = to turn a page; to fall on one side; do business worth (the
specified amount) ; (of a shop) sell out and replace its stock
THROUGH
be through with = to put an end to (a friendship, practice)
break through = to make a discovery; come out from behind cover
carry through = to complete sth in spite of difficulties
fall through = to fail to take place
get through = to make contact with sb,esp by telephone; (with) sth =
finish or complete (a job, task)
go through = to suffer; to examine sth closely and systematically
let sb through = to allow sb to pass an exam or a test
run through = to rehearse or practice; exhaust (money) by wasteful
spending
see through sb/sth = not to be deceived by sb/sth; not abandon sth until it
is finished; help or support sb esp in difficult times
UP
be up to = to be required as a duty or obligation from sb; be left to sb to
decide
book up = to make a reservation for
break up = to put an end to (a relationship) ; dissolve or disperse; lose
control of emotions
bring up = to care for and train (a child) ; raise a subject for discussion;
vomit
catch up = to reach sb who is ahead; be absorbed or involved in
come up to = to equal or meet a standard
come up with = to produce or find (an idea)
draw up = to come to a stop (of vehicles)
give up = to stop doing sth; to surrender; admit one`s defeat or inability to
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111
APPENDIX B
ENGLISH-ROMANIAN GLOSSARY OF LEGAL TERMS
affray
amnesty
amnistie
appeal
apel, recurs
armed robbery
jaf armat
arsonist, arson
molestare i ultraj
Attorney General
Procuror general
barrister
boodle
per, mit
breach (of)
bribery
capital punishment
pedeaps capital
case law
civil law
drept civil
common law
community work/service
contempt of court
sfidarea curii
conviction
condamnare
coroner
counsel
consilier juridic
cap de acuzare
county court
Court martial
Curte marial
Court of appeal
Curte de apel
crime
criminal jurisdiction
jurisdicie penal
crime rate
rata criminalitii
criminal record
cazier judiciar
cross-examination
contra-interogatoriu
Crown Court
death penalty
pedeapsa cu moartea
decree law
avocat
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defendant
inculpat/prt
delinquent
delincvent
deterrent
dock
banca acuzailor
duress
privare de libertate
electoral law
lege electoral
embezzler
delapidator
extenuating circumstances/mitigating
circumstane atenuante
circumstances
extortion/blackmail
jecmnire, antajare
felony
fine
amend
firebug
piroman
first offender
forensic evidence
expertiz medico-legal
forensic medicine
medicin judiciar
Grand Jury
grand larceny
hard evidence
probe materiale
hardened criminal/recidivist
criminal nrit/recidivist
hearing
audiere
114
home confinement
arest/deteniune la domiciliu
hush-money
identity theft
furt de identitate
incriminating evidence
probe incrimatorii
indictment
infringement of
Inns of Court
involuntary manslaughter
judge
judector
sentin civil
sentin penal
judgement by default
jurisconsult
jurisconsult
jurisprudence
juror
jurat
jury
juriu
jury box
banca juriului
jury duty
jury-panel
lista jurailor
kickback
larceny
furt
law-breaker
contravenient
law expenses
cheltuieli de judecat
law giver/maker
legiuitor
law term
termen juridic
law-abiding (citizen)
lawsuit
process civil
legal adviser
consilier juridic
legal aid
asisten judiciar
legal proceedings
urmrire judiciar
libel
calomnie (n scris)
life sentence
condamnare pe via
magistrate
magistrat
manslaughter
martial law
lege marial
miscarriage of justice
eroare judiciar
misdemeanor
infraciune, delict
mugging/assault
agresiune, atac
tentativ de crim
offence
delict/infraciune
116
offender
delincvent/infractor
on parole
on probation
outlaw
proscris
penalty
pedeaps, amend
perjury
sperjur/mrturie fals
petitioner
petiionar/solicitant
Petit Jury
petty crime
infraciune minor
petty larceny
pickpocket
ho de buzunare
plaintiff
reclamant (civil)
plea
pledoarie n aprare
poacher
braconier
post-mortem
autopsie
previous convictions
condamnri anterioare
probation
eliberare condiionat
probation officer
prosecution
acuzarea, procuratura
117
prosecutor/district attorney
procuror
pursuant to
conform cu/potrivit cu
rationale
argumentare/explicare raional
rebuttal
dovad contrarie
recovery of judgement
ctig de cauz
remission
respondent
reclamat/prt
retrospective law
lege retroactiv
rules of procedure
procedur judiciar
search warrant
mandat de percheziie
sechestru imobiliar
shoplifting, shoplifter
slander
calomnie
smuggler
contrabandist
solicitor
solitary confinement
izolare la carcer
statement
declaraie, depoziie
statute law
drept scris
suspended sentence
condamnare cu suspendare
the Bar
Barou
to abet, abetter
to appear in court
to be caught red-handed
to be remanded/released on bail
a fi eliberat pe cauiune
to bring to court
a urmri n justiie
to bring to trial
a aduce la tribunal
to commit a crime
to commute a sentence
a comuta o pedeaps
to comply with
a se conforma/a respecta
to convene a meeting/session
a convoca o ntrunire/edin
summon sb.
to counterfeit, counterfeit
a contraface/falsifica,
contrafacere/falsificare
to defraud
a defrauda/nela/escroca
to dismiss a case
to drop a charge
a renuna la o acuzaie
119
to enforce a judgement
to exonerate, exoneration
a exonera/disculpa,
exonerare/dezvinovire
to forfeit, forfeit/forfeiture
a contraface/falsifica, contrafacere,
falsificator
to fulfil an obligation
a ndeplini o obligaie
payment
to institute/take legal proceedings against
smb.
120
a publica un portret-robot
to issue a writ
a emite o hotrre/ordonan
judectoreasc
to lead a witness
to mug/ to assault
a ataca, a agresa
to petition a court
to poach, poacher
to prosecute
to ratify, ratification
a ratifica/valida, ratificare
to remand in custody
to reverse a ruling
to seize, seizure
to serve a sentence
a executa o sentin
to serve a writ/subpoena
a fi n edin, a se ntruni
to submit a case/file to
to subpoena a witness
a cita un martor
a recuza un martor
a aresta
to vandalize
a vandaliza
trial by jury
un avocat pledant
cu domiciliu forat
vandalism, vandal
vandalism, vandal
verdict
verdict
voluntary manslaughter
omor premeditat
warrant
mandat
mandat de arestare
martor al aprrii
martor al acuzrii
witness stand
bara martorilor
writ
ordonan/hotrre judectoresc
wrongdoing, wrongdoer
frdelege, rufctor
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