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ADINA RADULESCU

A PRACTICAL ENGLISH HANDBOOK


FOR LAW STUDENTS
Intermediate Level
Descrierea CIP a Bibliotecii Nationale a României
RADULESCU, ADINA
A Practical English Handbook for Law Students.
Intermediate Level / Adina Radulescu – Bucuresti, Editura
Fundat iei România de Mâine, 2006
128p.; 20,5 cm.
Bibliogr.
ISBN (10)973-725-608-5
(13)978-973-725-608-9

811.111:34

© Editura Fundatiei România de Mâine, 2006

Redactor: Andreea DINU


Tehnoredactor: Vasilichia IONESCU
Coperta: Marilena BALAN
Bun de tipar: 13.11.2006; Coli tipar: 8
Format: 16/61×86
Editura Fundatiei România de Mâine
Bulevardul Timis oara nr. 58, Bu cures ti, Sector 6
Tel./Fax: 021/444.20.91; www.spiruharet.ro
e-mail: contact@edituraromaniademaine.ro
UNIVERSITATEA SPIRU HARET
DEPARTAMENTUL DE LIMBAJE SPECIALIZATE

ADINA RADULESCU

A PRACTICAL ENGLISH HANDBOOK


FOR LAW STUDENTS
Intermediate Level

EDITURA FUNDATIEI ROMÂNIA DE MÂINE


Bucuresti, 2006
CONTENTS

PART I
Unit 1. British Law vs. US Law ……………………………………... 7
Unit 2. Forms of Punishment ……………………………………….. 16
Unit 3. The European Court of Justice – Composition and Structure …24
Unit 4. Institutions of the Community ……………………………… 32
Unit 5. Daily Telegraph ……………………………………………… 39
Unit 6. Daily Telegraph ……………………………………………… 47
Unit 7. Home Confinement ………………………………………….. 53

PART II
Unit 1. Student First Amendment Case ……………………………. 59
Unit 2. Contempt of Court or Violation of Freedom of the Press? 67
Unit 3. The Role of Federal Courts in Balancing Liberties and Safety 75
Unit 4. United States Constitution: Amendments …………………. 81
Unit 5. Disclosure of Classified Information ……………………….. 88
Unit 6. Health Care Fraud …………………………………………... 95
Unit 7. Identity Theft ………………………………………………... 103
Key to Exercises
Part I ………………………………………………………………… 112
Part II ……………………………………………………………….. 114
Appendix A – Phrasal Verbs ………………………………………….. 116
Appendix B – English-Romanian Glossary of Legal Terms ………….. 121

Bibliography …………………………………………………………... 128

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6
PART I

UNIT 1
BRITISH LAW vs. US LAW

The main sources of British law are common law, legislation


and, more recently, European Community law. Scotland and Northern
Ireland have their own legal system and lawcourts, distinct from those
in England and Wales.
A distinctive ancient British law is that of habeas corpus. This
Latin phrase literally means ‘you must have the body’, and is the
opening words of a 17th-century writ guaranteeing a person a fair trial.
A person who believes that he is being wrongly held by the police can
issue a writ of habeas corpus to have his complaint heard by a court.
This is also part of the US Constitution.
A trial in a criminal court is a contest between the prosecution,
who put the case and call the evidence against the defendant, and the
defence. The defendant normally has a lawyer to represent him and act
as his legal adviser. An accused person pleads ‘guilty’ or ‘not guilty’.
It is a principle of English law that a person is presumed to be
innocent until proved guilty, and the Prosecution have to satisfy the
Court of the defendant’s guilt so that the Court is sure of it, otherwise
he must be found ‘not guilty’.
The jury, who make the eventual decision in the Crown Court as
to whether the defendant is actually ‘guilty’ or ‘not guilty’, is normally
composed of 12 people chosen at random from the list of local people
who have a right to vote in the area. Their decision is called a verdict.
The lawyers who speak for the prosecution or the defence in
magistrates’courts and county courts are normally solicitors, while in
the Crown Courts they are barristers. In Scotland a barrister is known as
an ‘advocate’. Barristers are so called because they have been ‘called to
the Bar’ by one of the Inns of Court.
Young people under 17 are tried in a special juvenile court, a
kind of magistrates’court which is held separately from the other

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US law is based on English law and is represented by common
law, statute law, and the US Constitution. There are two types of
court, state and federal, with each state having its own distinctive
laws, courts and prisons. Federal law cases are first heard before a
federal district judge in a district court presided over by a Chief Judge.
Appeals are made to one of 13 Courts of Appeal or to the Supreme
Court, the highest in the country. The federal legal system has its own
police force, the Federal Bureau of Investigation (FBI).
A sheriff in the USA is the chief law enforcement officer in a
county, with the power of a police officer in the matter of enforcing
criminal law. In his judicial role he is entitled to serve writs. He is
elected by the local people in all states except Rhode Island.
In England and Wales the sheriff is the principal officer of the
Crown in a county, with mainly ceremonial duties. In Scotland,
however, he is a judge in a sheriff court, which deals with most types
of crimes.
(Oxford Advanced Learner’s Encyclopedic Dictionary)

I. Match the words in column A with their definitions in


column B and then with their Romanian equivalents in column C:
A B C
1. common law a. a person against whom an m. ordonanta,
action or claim is brought in a hotarâre
court of law. judecatoreasca
2. habeas corpus b. a lawyer who has been called n. apa rarea
to the bar and is qualified to
plead in the higher courts.
3. writ c. the judicial review by a o. Barou
superior court of the decision of
a lower tribunal.
4. the prosecution d. lawyer who advises clients on p. avocat
matters of law, draws up legal însarcinat cu
documents, prepares cases for procedura,
barristers, etc., and who may jurisconsult
plead in certain courts.
8
courts. Sudden or suspicious deaths are investigated in a special
coroner’s court.
5. defendant e. the four private unincorporated q. drept comun
societies in London (Lincoln's
Inn, Inner Temple, Middle Temple,
Gray's Inn) that function as a law
school and have the exclusive
privilege of calling candidates to
the English bar.
6. the defence f. a document under seal, issued r. cladiri
in the name of the Crown or a londoneze
court, commanding the person to apartinând la
whom it is addressed to do or patru societati
refrain from doing some specified juridice
act.
7. solicitor g. a public official responsible s. procuratura,
for the investigation of violent, acuzarea
sudden, or suspicious deaths.
8. barrister h. the institution and conduct of t. medic legist
legal proceedings against a person si procuror
însarcinat cu
cercetarea
penala a
deceselor
suspecte
9. the Bar i. the body of law based on u. avocat
judicial decisions and custom, as pledant
distinct from statute law.
10. Inns of Court j. all those who belong to the v. habeas corpus
profession of barrister.
11. coroner k. a writ ordering a person to be w. apel, recurs
brought before a court or judge,
especially so that the court may
ascertain whether his detention
is lawful.
12. appeal l. the defendant and his legal x. acuzat,
advisers collectively. inculpat, pârât

9
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 law crime trial

1. There was enough ………. to prove him guilty.


2. Has the jury reached a ………..?
3. The client has decided not to ………. .
4. The police are there to enforce the ……. .
5. What ……….. has he committed?
6. I think that the criminal will be brought to …….. .
7. I never break the …….. . I am a …… -abiding citizen.
8. Have you any ……… to support this statement?
9. After the jury has announced the ……, you may have the right of
……… .
10. He is now forced to stand …..…… for trying to get round the
…… .
11. His statement to the police was used in …….. against him.
12. His case is still on …… . He has promised to keep on the right
side of the ….. from now on.

III. Extract from the sentences in exercise II. the English


equivalents for the following Romanian expressions; the first one
has been done for you as an example:

Romanian expressions English equivalents


a dovedi vinovatia cuiva to prove sb. guilty
1. a stabili un verdict 1.
2. a pune în aplicare legea 2.
3. a comite o infractiune 3.
4. a fi actionat în justitie 4.
5. a încalca legea 5.
6. a avea dreptul de a face un recurs/apel 6.
7. a fi supus unui interogatoriu (la un proces) 7.
8. a ocoli legea 8.
9. a fi în curs de judecare (un caz) 9.
10. a actiona pe cale legala 10.
10
IV. Choose the correct version, looking the new words up in
the Glosarry:

1. A person who steals money placed in his care.


a) a forger b) an arsonist c) an embezzler d) a poacher
2. ................ means catching game birds, animals or fish without
permission on somebody else’s property.
a) hunting b) stealing c) trespassing d) poaching
3. A person who enters a building illegally, especially by force,
in order to steal.
a) a burglar b) a robber c) a hooligan d) a vandal
4. A person who steals money, etc from other people’s pockets,
especially in crowded places.
a) a thief b) a pickpocket c) a shoplifter d) a robber
5. The judge has pronounced ..........…………............... of ten
years’imprisonment.
a) an accusation b) a punishment c) a sentence d) a conviction
6. 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 c) drop all the charges
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.
a) solicitor b) prosecutor c) judge d) barrister
11
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 prudenta – 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 Romanian equivalents
1. a forger 1.
2. an arsonist 2.
3. an embezzler 3.
4. a poacher 4.
5. a burglar 5.
6. a robber 6.
7. a hooligan 7.
8. a vandal 8.
9. a thief 9.
10. a pickpocket 10.
11. a shoplifter 11.
12. a hijacker 12.
13. a bandit 13.
14. a kidnapper 14.
15. a rapist 15.
16. a smuggler 16.

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17. a trespasser 17.
18. a mugger 18.
19. an assassin 19.
20. a terrorist 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
d) have __ been deliberating
4. ............................ to represent yourself in the trial?
a) Will you b) Are you going c) You are going d) Will you be
5. Look out! One of the robbers .......................... .
a) will shoot b) is shooting c) was shooting d) is going to shoot
6. I ....................... my solicitor tomorrow; I am changing my will.
a) am seeing b) will see c) see d) would see
7. As soon as I .............. from my lawyer, I will let you know.
a) will hear b) heard c) will have 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
9. The coroner .......................... the case right now.
a) investigates b) is investigating c) will investigate
d) has been investigating
10. My client will make an appeal when the verdict .........
pronounced.
a) will be b) was c) has been d) is being
13
VII. Match the English expressions in column A with their
equivalent Romanian translations in column B, using the Glossary:

A B
to serve a sentence = a executa o sentinta
1. to pronounce a sentence a. a comuta o pedeapsa
2. to be released on probation b. cu domiciliu fortat
3. to be taken into custody c. a fi eliberat pe cautiune
4. to drop all the charges d. a suspenda o sentinta
5. to commute a sentence e. a depune un juramânt
6. to be released on bail f. a renunta la toate acuzatiile
7. to take an oath g. a pronunta o sentinta
8. to suspend a sentence h. a urma ri în justitie
9. under house arrest i. a fi arestat
10. to bring to court j. a fi pus în 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 Corresponding grammatical term


is investigating Present Tense Continuous
1. will have prosecuted a. Past Tense Simple
2. has been protecting b. Past Perfect
3. was advising c. Present Tense Simple
4. had been examining d. Present Perfect Continuous
5. defended e. Future Tense Continuous
6. will dismiss f. Past Tense Continuous
7. had robbed g. Past Perfect Continuous
8. have committed h. Future Tense Simple
9. will have been pleading i. Present Perfect
10. will be analysing j. Future Perfect Continuous
11. convicts k. Future Perfect

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IX. Put the verbs in brackets into the corresponding verbal
tense indicated in italics:
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)
6. I ………….. (wait) for you in front of the cinema when I ………
(realize) that somebody …………… (watch) me insistently. Soon
after I ……….. (decide) to leave. (Past Tense Continuous and
Past Tense Simple)
7. Judge Moony …………… (preside) in this court of law for more
than ten years. (Present Perfect Continuous) He ………… (retire)
next week. (Present Tense Continuous)
8. The journalist …………. (not make) the story public until he
…………. (find) enough hard evidence to incriminate the suspect.
(Past Tense Simple, Past Perfect)
9. They …………… (work) together for five years when they
………… (find out) that they ………….... (be married) to the
same woman. (Past Perfect Continuous, Past Tense Simple, Past
Perfect)
10. By the time you ……….. (arrive) at the airport, his plane
…………… (land) for more than half an hour. (Present Tense
Simple, Future Perfect)
11. When I ……….. (graduate) I was very determined to pursue a
career in the law field. (Past Tense Simple). But since then I
………….. (reconsider) my options and I …………… (decide) to
turn politician. (Present Perfect)
12. She …………... already (address) her appeal to the High Court of
Justice in London when she …………. (be summoned) to appear
in the local court. (Past Perfect, Past Tense Simple)

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UNIT 2
FORMS OF PUNISHMENT

When people are sent to prison in Britain after being found guilty
of a crime, they are 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 year’s
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

16
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 person’s 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 Learner’s Encyclopedic Dictionary)

I. State whether the following sentences are true or false and


correct the false ones:
Example: A person sentenced to a year’s imprisonment will normally
be released after five months. FALSE
CORRECTION: A person sentenced to a year’s 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.
17
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 B
1. Almost all prisoners will be a. … will leave prison after two.
eligible…
2. A person on parole will have b. … doing unpaid physical work.
to remain in touch …
3. A convict sentenced to a c. … if imprisonment or other
year’s imprisonment will … punishment seems inappropriate.
4. Prisoners that are guilty of d. … he or she will be liable for
serious crimes will remain … the punishment imposed in the
first place.
5. A prisoner sentenced to three e. … with a probation officer over
years’s imprisonment … the period of time estimated.
6. The less severe forms of f. … for a remission of their initial
punishment are: … sentence.
7. Community service involvesg. … the offender may simply get
… away with a verbal warning.
8. Typical exemples of h. … normally be released after
community service are … eight months.
9. One of the trivial offences i. … to place a person under a
we can mention… legal obligation, such as one to
keep the peace.
10. For a trivial offence, … j. … on parole for the rest of their
lives.
11. If parole conditions are k. … have to pay a fine at a
abused, … second offence.

18
12. Courts have the power to l. … is drunk and disorderly
allow a convicted person to go behaviour.
free, …
13. If a person on parole is m. … a fine, probation, or
convicted for the same offence, community service.

14. To ‘bind over’ means … n. … painting an elderly person’s
house or building a playground
for children.
15. If the offender fails to ‘keep o. … the offender is liable to be
the peace’, he or she will … recalled to prison.

III. Choose the correct meaning of the following expressions


selected from your text:
1. ‘To be eligible for a remission’ means:
a) to deserve to be punished for a remission.
b) to be unworthy or unfit for a remission.
c) to have the right or proper qualification for a remission.
2. ‘To be liable for punishment’ means:
a) to be legally obliged or responsible for something and be
punished accordingly.
b) to be suspected of an offence and be punished for it.
c) to deserve a form of punishment.
3. ‘To observe a condition’ (in the context of its use) means:
a) to listen to a condition but not to respect it.
b) to notice a condition carefully.
c) to legally respect an official law.
4. ‘To carry out a crime’ means:
a) to bring to completion, to accomplish a crime.
b) to be acquitted for a crime.
c) to serve a sentence for committing a crime.
5. ‘To bind somebody over’ means:
a) to make sb. take an oath that he will respect the law.
b) warn sb. that he will apear in court again if he breaks the law.
c) to punish sb. for breaking the law.
19
IV. Match the following words and expressions with their
Romanian translation:
1. crime a. condamnat
2. offender b. pedeapsa cu suspendare
3. remission c. delict, infractiune
4. parole d. incendiere premeditata
5. probation officer e. reducere de pedeapsa, gratiere
6. life sentence f. munca în interesul comunitatii
7. community service g. ofiter de politie însa rcinat cu suprave-
gherea unei persoane eliberate conditionat
8. convict h. condamnare pe viata
9. arson i. contravenient
10. suspended sentence j. eliberare conditionata

V. Complete the following derivational pattern noun – verb –


noun, paying attention to the first example. Then translate the
noun in the third column:
Noun Verb Noun
1. prison imprison imprisonment
2. empower
3. enforce
4. discourage
5. disengage
6. disfigure
7. displace
8. enact
9. enlist
10. impair

VI. Select from the box below the legal terms that belong to
the class of FELONY (infractiune grava/act criminal) and those
that belong to the class of MISDEMEANOUR (delict/infract iune
minora). These two legal terms felony – misdemeanour were
known to have imposed two different forms of trial in England
and Wales until 1967.
20
armed robbery shoplifting arson libel attempted murder
high treason manslaughter pickpocketing adultery
burglary kidnapping rape embezzlement prostitution
bigamy petty larceny terrorism extortion/blackmail
bribery smuggling poaching trespassing forgery perjury
grand larceny indecent exposure treason fraud hijacking

FELONY MISDEMEANOUR
armed robbery 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
2. To .................... means to go or intrude on the property,
privacy, or preserves of another with no right or permission.
a) trespass b) forge c) break in d) burgle
3. .................. is defined as giving or promising to give a public
official something of value with a corrupt intention to influence the
official in the discharge of his or her official duty.
a) Forgery b) Larceny c) Bribery d) Perjury
21
4. ..................... is the false making or altering of any document
that either has legal significance or is commonly relied upon in
business transactions.
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
6. Many civilized countries have long abolished the death ........….
a) penalty 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 b) assault and battery 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 d) have been waiting
3. She .................... released on bail last week.
a) has been b) was c) will be d) had been
4. ............ the jury .................. a verdict?
a) Have ... reached b) Has ... reached c) Had ... reached
d) Did .... reach
22
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
7. His sentence was by far more severe than everybody ............…...
a) expected b) was expecting c) had expected d) has expected
8. As soon as the jury .................. the verdict, the case was
dismissed.
a) had pronounced b) pronounced c) has pronounced d) pronounces
9. Everybody wondered why he ................. caught red-handed
before.
a) hasn’t been b) wasn’t c) hadn’t been d) wouldn’t be
10. The members of the jury ................. for hours when they
finally reached a verdict.
a) were deliberating b) deliberated c) have been deliberating
d) had been deliberating
11. She told me that she ..................... filing for divorce for a
long time.
a) considered b) had been considering c) would consider
d) has been considering
12. I ......................... in a court of law since my parents filed for
a divorce.
a) wasn’t b) haven’t been c) won’t be d) hadn’t been
13. As soon as the search warrant ..................... they will be
allowed to look for the documents.
a) has been issued b) will be i ssued c) was issued d) had been issued
14. ................ his criminal record ..................... to the slightest
detail?
a) Was ___ checked b) Has ___ being checked
c) Has ___ been checked d) Would ___ been checked
15. The suspect ............... under investigation long before the
police found irrefutable evidence.
a) was placed b) has been placed c) had been placed d) will be placed
23
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.
24
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)

I. Fill in the gaps with the missing words from the text:
1. Luxembourg is the seat of the actual ...................................... .
2. The members of the European Court of Justice are appointed by
the .................................................. .
3. ...................................... has the right to nominate one of its own
nationals as a judge.
4. Five advocates-general are appointed by .............................., while
the other four are appointed by ............................. .
5. The disadvantage of ........................ is that a member of the Court
of Justice cannot be reappointed at the end of six years.
6. How do we know whether a decision of the Court of Justice was
reached by a ......................... or by unanimity?
7. The Council has the power to increase the number of ...............
.............................. .
25
8. The right of the Court to form chambers was granted by the
.............................. .
9. The actual Court consists of .......................... of three judges and
of ...................... of seven judges.
10. The president of a chamber is elected ........................, according to
a rotation system.

II. Ask questions for the following answers; the first two
have been done for you as examples:
Answer: In 1992
Question: When did the reprezentatives of the member states agree on
the seat of the Court?
Answer: Fifteen judges and nine advocates-general.
Question: How many judges and advocates-general does the Court of
Justice consist of ?

1. Answer: Six years.


Question: ______________________________________________

2. Answer: France, Germany, Italy, Spain and the United Kingdom.


Question: ______________________________________________

3. Answer: From 1988 to 1994.


Question: ______________________________________________

4. Answer: Denmark
Question: ______________________________________________

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: ______________________________________________

26
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 in italics:
1. This rooting of the Court in Luxembourg is one factor in helping
to give the Court a strong esprit de corps.
________________________________________________________
________________________________________________________

2. 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.
________________________________________________________
________________________________________________________
________________________________________________________

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.
________________________________________________________
________________________________________________________

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.
________________________________________________________
________________________________________________________
________________________________________________________

27
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 = 1. a fi numit într-o functie/pozitie
2. to be elected = 2. a fi ales
3. to sit = 3. a fi în sedinta, a se întruni
4. to convene a meeting/session = 4. a convoca o întrunire/sedinta
5. to convene a person before trial/ 5. a cita o persoana sa se prezinte
to summon sb. = la tribunal
6. to run for a post/an office = 6. a-si depune candidatura pentru
un post/functie
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 închis

28
5. The Court has coped with the increase in its workload in part by
1. The Minister of Justice is going to ................... presidency.
2. The debtor was .................... to appear before the magistrates.
3. The judges and advocates-general are ..……................ by the
governments of the member states.
4. The manager of the company has ................ an urgent meeting
with the shareholders.
5. James was ............... chairman by a majority of 25 voters.
6. The Court is now ................ in plenary session.
7. I do not think that his qualifications recommend him to .................
Parliament.
8. This case is far too important to be ............... in a chamber.
9. Who has the authority to ............... Parliament?
10. The Court ............... the case due to lack of hard evidence.

VI. Choose the correct version, looking the new words up in


the Glosarry:

1. She will soon ................. trial for the part she played in the
recent robbery.
a) give 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
6. He was convicted to 10 years of prison and ................. of his
property.
a) confiscated b) denied c) removed d) deprived
29
7. If you can’t resolve the dispute, it will have to be settled
by.......................
a) arbitration 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 didn’t 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 b) will have 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
3. Right now I think I am ....................... . Come and pick me up!
a) followed b) being followed c) been followed d) following
4. He ....................... down a street near his home when he was
kidnapped.
a) walked b) was walking c) had been 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
6. How long ago ....... you .......... an appeal?
a) did ... made b) had ...made c) did ... make d) were ... made
30
7. I saw you yesterday, while you ................... that famous
criminal.
a) were defending b) defended c) had been defending 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.
a) considered b) had been considering c) would consider
d) has been considering
10. This time tomorrow they .................... the witness.
a) will cross-examine b) would cross-examine
c) will be cross-examining d) are cross-examining
11. By the end of this year he ........................ ten years in
prison.
a) will be spending b) will spend c) will have spent d) has spent
12. We knew that the defendant .............. to do such a thing.
a) will never be able b) are never able c) would never be able
d) can never
13. They said that the new constitution ....................... soon.
a) would be voted b) will be voted c) would vote d) is voted
14. By this time next year, he ..................... his prison sentence.
a) would have served b) will have served c) will serve d) is serving
15. The criminal ..................…..... to trial if there is enough
evidence against him.
a) would be brought b) will have been brought c) will be brought
d) was brought

31
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 party’s 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 Court’s judgement within the time-limit laid
32
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.
(Blackstone’s EC Legislation, Edited by Nigel G. Foster)

I. Match the new expressions (from the text above) in column


A with their Romanian equivalents in column B:

A B
1. to fulfil an obligation = a. a nu prejudicia
2. to bring a matter before = b. a împiedica/a nu permite
3. to bring an action against sb. = c. a prevedea/stabili/specifica
4. an alleged infringement of an d. a îndeplini o obligatie
obligation =
5. to deliver a reasoned opinion = e. a i mpune o plata forfetara sau
o amenda
6. to be given the opportunity = f. a se conforma/a respecta
7. to submit a case to = g. a supune o problema atentiei
8. to prevent smth. from + v-ing = h. a transmite o opinie întemeiata
9. to comply with = i. a intenta un proces cuiva
10. to lay (lai d, laid) down = j. a supune un caz spre examinare
11. to impose a lump sum or a k. o presupusa înca lcare/violare a
penalty payment = unei obligatii
12. to be without prejudice to = l. a i se da sansa

II. Complete the following sentences with logical and correct


phrases; the first one has been done for you:

Example: If he refuses to fulfil his obligation, he ………………………


If he refuses to fulfil his obligation, he will have to be fired
immediately.
33
1. I think that you …………………………………. before bringing
this matter before the Court of Justice.
2. If my neighbour ……………………………………………, I shall
bring an action against him.
3. The infringement of copy-right ………………………………….. .
4. After hearing his reasoned opinion, we……………………………
5. All I need is to be given the opportunity to ………………………
6. What ……………… ……………………………. in order to
submit this case to your commission?
7. The new legislation prevented him from ………………………….
8. You have to …………… ………… ……………….. to compy with
the second clause in our contract.
9. According to article 170, laid down by the ……………………
……………………………………………..
10. Which is the heaviest penalty that ……………………………….
11. Make sure that you respect the law, without any prejudice to
……………………….

III. Form collocations (regular combinations of words) by


filling in the following collocational grids; check the correctness of
collocations using a legal dictionary:
breach (of) = infractiune, violare, încalcare (a unei conventii)
violation (of) = violare, abuz, încalcare, contravenire (la o regula)
infringement of = infractiune, violare, abuz, încalcare, reproducere ilicita
to break (the law) = a încalca (legea), a nu respecta

contract copy-right a treaty (the) trust sb’s promise


peace privacy
breach of
violation of
infringement of
to break (a/an)
the law human patents confidence sb’s protocol
highway rights liberty
code
breach of
violation of
infringement of
to break (a/an)
34
IV. Choose from the collocations in exercise III. the English
equivalents for the following Romanian expressions and then use
them in your own sentences:

abuz de încredere = ________________


încalcarea ordinii publice = ________________
violarea secretului = __________________
reproducere ilicita a dreptului de autor = _______________________
reproducere ilicita de brevete = _______________________________

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 b) doctor c) coroner d) judge
3. He was caught ..................... stealing money from the cash-box.
a) red-handed b) heavy-handed c) light-fingered d) heavy-set
4. You can’t have burgled the house alone, so who was your
............... ?
a) ally b) accomplice c) assistant d) associate
5. Wilkinson is alleged to have ................... a number of serious
crimes.
a) done b) made c) committed d) discharged
6. ‘I object, Your Honour, the lawyer is ................. the witness!’
a) harassing b) intimidating c) offending d) leading
7. The man jumped out of the window and committed ................
a) death b) homicide c) murder d) suicide
8. The police said there was no sign of a .......... entry even
though the house had been burgled.
a) broken b) burst c) forced d) smashed
35
9. He was placed ............ house arrest for his own safety.
a) on b) in c) under d) within
10. Is the defendant going to ............ guilty or not guilty?
a) plead b) play c) appeal d) appear
11. Mr. Johnson was .............. fifty pounds for drinking and driving.
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
13. I ............... to say anything unless I am allowed to speak to
my lawyer.
a) deny 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
3. He was innocent! They ................. have taken him into
custody!
a) shouldn’t b) mustn’t c) needn’t d) can’t
4. He ................ have committed the crime! He was immobilized
in bed at that time!
a) mustn’t b) couldn’t c) wouldn’t d) shouldn’t
5. I am sorry you didn’t ask for help; I ....................... introduced
you to my lawyer.
a) can’t have b) must have c) could have d) was able to
36
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
d) may been deprived
8. This procedure ........... be without prejudice to Article 170.
a) will b) shall c) must d) can
9. You ……………… submitted the case to a higher court! The
verdict was in your favour!
a) couldn’t have b) mustn’t have c) needn’t have d) may not
10. Any Member State .......... comply with the judgements of the
European Court of Justice.
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 inability possibility remote possibility


impossibility permission obligation absence of obligation
necessity prohibition logical assumption (affirmative) logical
assumption (negative) advice criticism requests offers
suggestions regulations

Example: The Court of Justice shall have jurisdiction in any dispute


between Member States. regulations

1. The parties to the proceedings may appeal to the Court of Justice.


____________
2. He couldn’t testify against an innocent man. ______________
3. I need to find a very good lawyer to get me out of prison.
_______________
4. He couldn’t have been convicted to capital punishment; he was
just a pickpocket. _____________
37
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 can’t 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 don’t have to recess for deliberation if
the verdict is obvious. _______________
17. You mustn’t smoke in hospitals and airports. _____________

38
UNIT 5
DAILY TELEGRAPH

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
39
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 fiancée after a row over doing the
laundry was told yesterday that he would serve at least 16 years in prison.
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 Valentine’s 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 Nelson’s 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.
40
found guilty on two charges of sexual assault at Luton Crown Court
and will be sentenced at a later date.
1. Paul Dyson was given a life sentence for a double rape. __
2. Amir Butt was a 24-year-old policeman who sexually assaulted
women in his car. __
3. Graham Price stole £15 million from 84 mainly elderly private
investors. __
4. Lee Walker was a former soldier fighting in the Gulf war. __
5. Paul Dyson committed suicide in prison, after he was convicted.
__
6. When brought before justice, Graham Price rejected all theft
charges. __
7. Amir Butt offered a lift home to women who left their office too
late to catch the bus. __
8. Paul Dyson’s fiancée was called Joanne Nelson and was 22 yeards
old. __
9. Paul Dyson killed his fiancée on Christmas Eve, by stabbing her
to death. __
10. Graham Price had no connection whatsoever with the Halifax
bank. __
11. Paul Dyson appeared on TV and offered a generous ransom for
his fiancée’s possible kidnappers. __
12. Amir Butt used his warrant card to lure women into his car. __
13. Graham Price was caught when his IOU for £7 million was found
in a safe. __
14. Judge Tom Cracknell congratulated Dyson on his well thought-out
plan of murdering his fiancée in cold blood. __
15. Graham Price became a bank robber because he needed money for
his fiancée’s surgery. __

III. Pair-work: Take turns in answering your colleague’s


questions by scanning the texts for information:

1. Who was Graham Price and what was he charged with?


________________________________________________________

2. What jail sentence did Graham Price receive?


________________________________________________________

3. What did Graham Price need the stolen money for?


________________________________________________________
41
Remember the Passive Voice
IV. Read the chart below to see how the active to passive
transformation works for the main verbal tenses:
VERBAL TENSES ACTIVE VOICE PASSIVE VOICE
Present Tense Simple charge am/is/are charged
Present Tense Continuous is/are examining is/are being examined
Past Tense Simple sentenced was/were sentenced
Past Tense Continuous was/were interrogating was/were being interrogated
Present Perfect has/have found has/have been found
Past Perfect had released had been released
Future Tense Simple will/shall include will/shall be included
Future Perfect will/shall have admitted will/shall have been admitted
42
Conditional would reject would be rejected
4. How old was Amir Butt and what did he do?
Perfect Conditional would have arrested would have been arrested
________________________________________________________
Gerund practising being practised
Long Infinitive
5. What to convict
was Amir to be convicted
Butt found guilty of?
Perfect Infinitive to have committed to have been committed
________________________________________________________

6. How did Lee Walker plead when he stood trial?


________________________________________________________

7. What sentence did Lee Walker receive?


________________________________________________________

8. How did Paul Dyson dispose of his fiancée’s body?


________________________________________________________

9. How did Paul Dyson die?


________________________________________________________

10. When was Miss Nelson’s body found?


________________________________________________________
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.
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.

43
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 …………….
44
10. They wouldn’t 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 c) are been broken
d) have being broken
2. A photofit picture of the wanted man ....................... last week.
a) had been issued b) was issuing c) was issued d) has been issued
3. After the verdict ............................., the case ............................ by
the judge.
a) had been pronounced, was dismissed
b) will be pronounced, will be dismissed
c) will have been pronounced, has been dismissed
d) has being pronounced, will be dismissed
4. He ........ just ....................... with sexual assault on a six-year-old boy.
a) was.....charged b) had......been charged c) has......been charged

d) has ...... be charged


5. He ........................... to 100 hours of community work only because
he was at his first offence.
a) have been sentenced b) was sentenced c) will be sentenced
d) had being sentenced
6. Before ..............…......... of breach of trust, the lawyer
……..... also
....................... with perjury in a divorce case.
a) been accused, was ..... charged
b) being accuse, has ..... been charged
c) being accused, had .... been charged
45
d) being accused, was .... been charged
The Commission has just appointed the new President of the
European Court of Justice.
a) The new President of the European Court of Justice had just been
appointed by the Commission.
b) The new President has just been appointed by the European Court
of Justice.
c) The Commission has just been appointed to vote the new
President of the European Court of Justice.
d) The new President of the European Court of Justice has just been
appointed by the Commission.

8. Choose the correct passive form of the following active sentence:


The members of the European Parliament were still debating the
issue of competition law at that point.
a) The issue of competition law was still debated at that point by the
members of the European Parliament.
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 înca la nici o concluzie cu privire la
noua lege a adoptiei.
a) No conclusion hasn’t 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.

46
7. Choose the correct passive form of the following active sentence:
UNIT 6
DAILY TELEGRAPH

Iraqi Jailed Over


British Aid Worker Killing

1. Life in prison for the abetter of Margaret Hassan’s kidnappers C


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.
47
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.
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)

48
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:
A. Justice at work – the first sentence against an Iraqi hostage-taker
B. The British Embassy refuses any communication with Iraqi hostage-takers.
C. Life in prison for the abetter of Margaret Hassan’s kidnappers
D. The British Government’s strategy of assuming political distance
E. Finding evidence against Mustafa Salman
F. Iraqi citizen killed due to her British nationality?
G. Margaret Hassan’s family blame the British Government for her death.
H. The British authorities fail to comfort the grieved family.
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 Hassan’s purse and
documents in his house?
A. He wanted to ask Margaret’s family for a ransom.
B. The purse contained valuable possessions that he intended to sell.
C. Margaret Hassan’s purse and documents had been placed under
his care.
D. Mustafa’s associates threatened to kill him if he didn’t 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 Margaret’s release.
B. They needed an intermediary to establish a contact with the
British Embassy.
C. They wanted Margaret’s family to put some pressure on the
British Government.
D. They wanted to put Margaret’s future execution down to the
British Government.
49
A. The British Government no longer considered Margaret Hassan
a British citizen.
B. The British Government didn’t 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.
D. Opening a dialogue with the kidnappers meant withdrawing
military forces from Iraq.
5. Margaret’s 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 B
1. According to the latest a. … more measures will be
statistics, … taken in convicting terrorists.
2. Due to the hard evidence b. to open dialogues with the
found in his house, … kidnappers of their citizens.
3. Up to a point, the kidnappers c. … more than 200 foreigners
seemed interested in … and thousands of Iraqis have been
kidnapped and over 40 killed since
the US-led invasion in 2003.
4. As a general rule, the d. … there should be some
Government is not supposed … hidden political agenda related to
his/her kidnapping.
50
4. Why did the British Government refuse to open a dialogue with the
kidnappers?
5. Despite the fact that Margaret’s
e. … Mustafa Salman could be
appeals could have been her last,
taken into police custody.

6. To put it briefly, … f. … the British Government
didn’t take any military or political
action.
7. I am inclined to believe that g. … but a terrorist way of
from now on, … negociating military and political
issues.
8. The hostage-takers didn’t obtain h. … establishing a contact with
what they wanted, consequently, the British Embassy.

9. It is my firm belief that i. … Margaret was another
hostage-taking is nothing … vitctim of Iraqi terrorism.
10. That is to say, if a citizen ofj.a… they executed the useless
certain nationality is kidnapped,hostage.

IV. Choose the correct preposition:

1.Terrorists resort ….. violence as a political weapon.


a) at b) to c) on d) into
2. The unknown foreigner carried …. a bombing in the centre of Paris.
a) out b) in c) round d) on
3. How should Governments deal …… terrorist attacks?
a) on b) without c) with d) about
4. The Iraqi citizen had been suspected …. many offences before.
a) about b) in c) with d) of
5. Who was held responsible …. the journalist’s death?
a) for b) of c) about d) on
6. The home-made bomb may have been destined ….. the recruits.
a) to b) for c) at d) upon
7. The Palestinian blew himself …. in a crowded bus.
a) out b) in c) up d) against
8. The terrorist attack coincided …. an important religious celebration.
a) with b) to c) on d) into

51
52
9. The attack, attributed …... a new terrorist group, had many casualties.
a) with 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
11. I am sure that this is one of the exceptions …… the rule.
a) of b) to c) from d) with
12. The Ministry of Defence has laid ….. strict procedures for this
kind of situation.
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 c) 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
20. He draws evidence for his claim ….. Court history.
a) from b) out of c) within d) with
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
53
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 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 B
1. probation a. The release of a person who has been
arrested and charged with a federal crime
while he or she awaits trial; a pretrial services
officer supervises the person in the community
until he or she returns to court.
2. parole b. One of a number of people living together,
especially in a hospital, prison or some other
institution.
3. supervised release c. The penalty laid down in a law for
contravention of its provisions.
4. pretrial release d. Custody or confinement, especially of a
suspect awaiting trial.
54
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.
5. detenti on e. Instead of sending an individual to prison,
the court releases the person to the community
and orders him or her to complete a period of
supervision monitored by a U.S. probation
officer and to abide by certain conditions.
6. sanction f. A term of supervision served after a person
is released from prison; it does not replace a
portion of the sentence of imprisonment but is
in addition to the time spent in prison.
7. inmate g. The release of a prisoner before his
sentence has expired, on the condition that
he is of good behaviour.

II. Say whether the following statements are true (T) or false
(F); when the sentences are false, correct them:
1. Community Service is a special condition imposed by the court
that requires an individual to work – without pay – for a civic or
nonprofit organization. ___
2. When a parolee is released to the community, he or she is no
longer placed under the supervision of a U.S. probation officer.
___
3. During the probation period, an individual is supervised by a
probation officer. ___
4. A supervised release replaces a certain portion of the sentence of
imprisonment. ___
5. In post-sentence cases, home confinement is seen as more punitive
than imprisonment. ___
6. A person who violates the conditions of his/her supervision may
be sanctioned to home confinement. ___
7. All categories of offenders are allowed to participate in the home
confinement program. ___
8. Home confinement may include the use of electronic monitoring
equipment. ___
9. The only cases when a person placed under home confinement is
allowed to leave home are work and medical appointments. ___
10. The judges determine if offenders are eligible for the home
confinement program. ___
55
III. From the verbs in column A, derive the corresponding
nouns (column B) and adjectives (column C), using the suffixes
given:
A B C
Verbs Nouns: -ance, -ion, Adjectives: -ed, -ing,
-ment, -al, -er -able, -ive
1. to punish punishment, punisher punished, punishable, punishing
2. to confine
3. to sentence
4. to release
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
In most cases, U.S. probation and pretrial services officers
use electronic monitoring in supervising persons placed
under home confinement. The individual wears a tamper- MONITOR
resistant ……………. on the ankle or wrist 24 hours a day.
The transmitter emits a radio ……………… signal that is TRANSMIT
detected by a …………/dialer unit connected to the home
phone. When the transmitter comes within range of the FREQUENT
receiver/dialer unit, that unit calls a monitoring center to
indicate that the person is in range, or at home. The personRECEIVE
must stay within 150 feet of the receiving unit to be
………… in range. The transmitter and the receiver/dialerCONSIDER
unit work together to detect and report the times the person
enters and exits his or her home.
56
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
2. Many ……………. have been issued this week.
a) search warrants b) searches warrants c) searchs warrants
3. The ……………… will be punished sooner or later.
a) laws-breakers b) lows-breakers c) law-breakers
4. The number of …………….. in our city has been doubled this year.
a) holds-ups b) hold-ups c) helds-ups
5. Two ………………….. have been accused of perjury.
a) woman-diplomats b) women-diplomats c) womans-diplomats
6. “My beloved …………………., your claims will soon be solved.”
a) fellow-citizens b) fellows-citizens c) felows-citizens
7. My ………………… have been charged with indecent exposure.
a) sisters-in-laws b) sister-in-law c) sisters-in-law
8. These ……………… are the result of hard work.
a) analysis b) analyses c) analises
9. Which are the ……………. used in this classification?
a) criterions b) criteria c) criterias
10. Which are the daily …………… … of a prisoner?
a) activityes b) activitis c) activities

VI. Combine the words from column A with words from


column B to form compound nouns and collocations:
AB
trial offender
criminal lines
petit health
first lifting
death matters
community esteem
57
mental ship
guide courts
member exempt
probation slaughter
citizen jury
tax work
shop officer
self penalty
man state

Example:
1. trial courts
2. ___________________
3. ___________________
4. ___________________
5. ___________________
6. ___________________
7. ___________________
8. ___________________
9. ___________________
10. ___________________
11. ___________________
12. ___________________
13. ___________________
14. ___________________
15. ___________________

58
PART II

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.

59
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
courtsU.S.
that Court
hear federal cases, =including
of Appeals bankruptcy
the 94 U.S. judicial cases.
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
equivalents in column B:
A B
1. to submit an article for publi- a. a proteja anonimatul cuiva
cation =
2. to feature (stories) (of publi- b. a afirma (fara dovezi), a pretinde
cations) =
3. to state one’s concerns = c. a aproba centiorari (vezi nota)
4. to protect one’s anonymity = d. (despre publi catii) a evidentia, a
pune în prim plan (povestiri)
5. to prohibit an article from e. a face un apel/recurs la o instanta
being published = superioara
6. to go to press (of an article) = f. a înainta un articol spre publicare
7. to allege = g. a audia apeluri/recursuri
8. to appeal to = h. a-si exprima îngrijorarea
9. to reverse a ruling = i. (despre un articol) a merge/a fi
trimis la tipar
10. to grant centiorari = j. un proces verbal al procedurii
judiciare
11. to hear appeals = k. a interzice publicarea unui articol
12. a record of proceedings = l. a anula o sentinta judecatoreasca
60
by answering the following questions:

1. Who are the editors of the school's paper The


Spectrum?
_______________________________________________
II. Become familiar with the subject matter of the above case
_________

2. Which were the subject matters of the two articles


submitted for
publication?
_______________________________________________
_________

3. Why were the girls' names changed in the article?


_______________________________________________
_________

4. Who prohibited these articles from being published?


_______________________________________________
_________

5. What reasons did the teacher have to prohibit these


articles from
being published?
_______________________________________________
_________

6. What does the rule of journalistic fairness imply?


_______________________________________________
_________

7. Why did the student authors bring suit 61


to the U.S.
District Court?
_______________________________________________
_________

8. What is the content of the First Amendment?


_______________________________________________
_________

9. Why did the students appeal to the U.S. Court of


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 (judeca tori ai
Curtii Supreme). One justice is designated as the Chief
Justice (presedinte 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
(petitionar/solicitant), while Kuhlmeier is known as the
respondent (reclamat/pârât). Other roles: a court timekeeper
(cronometror) and a marshal (maresal al curtii).
• Procedure: two lawyers from the petitioner’s 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:
• The Chief Justice swears in student justices.
• The Court timekeeper signals time limits to speakers.
• The student marshal announces Court using the Supreme
Court cry.
• The Chief Justice calls the Court to order, announces the case
and asks the petitioner to begin.
• Student attorneys for petitioner argue (5 minutes).
• Student attorneys for respondent argue (5 minutes).
• Student attorney for petitioner-rebuttal (5 minutes).
• Student attorney for respondent-rebuttal (5 minutes).
• Justices deliberate in front of audience (5 minutes).
• A justice in the majority announces decision(s) from the bench,
each student justice explains rationale (argumentarea) to the
audience (5 minutes).
62
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 positive/
negative aspect of…, We strongly support/oppose the view
that…, We believe/claim/feel that this argument is incorrect/
misguided, We agree/do not agree that/with.

IV. Comment and compare the decision reached by the


experimental students’ court with the actual decision of the U. S.
Supreme Court in the Hazelwood School District v. Kuhlmeier
case; the latter decision will be summarized below:
The U.S. Supreme Court held that the journalism teacher's
actions did not violate the students' free speech rights. The Court
noted that the paper was sponsored by the school and, as such, the
school had a legitimate interest in preventing the publication of
articles that it deemed inappropriate and that might appear to have the
imprimatur of the school. Specifically, the Court noted that the paper
was not intended as a public forum in which everyone could share
views; rather, it was a limited forum for journalism students to write
articles pursuant to the requirements of their Journalism II class, and
subject to appropriate editing by the school.
63
Notes:
to deem inappropriate = a considera inadecvat
imprimatur = bun de tipar
pursuant to = conform cu, potrivit cu

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?

VI. Translate into Romanian the conditional senten ces written


in italics from the chart below; reading the note below, you will get
familiar with the content of the grammar chart:
Note:
Condition al 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 shou ld simply concentrate on the basic rules that will be
presented in the following chart:
64
Types If-clause Main clause Meaning
Type I Present tense simple Future tense simple
If he is accused of he will receive a life
manslaughter, sentence. Real situation,
If they find hard present or future
evidence against him, he will be prosecuted. oriented

Present tense simple Modal verbs


If the defendant pleads he must/should be sent
guilty, to prison.
Imperative
Present tense simple take a break and then
If you get tired, start again.
Type II Past tense would/ could/ should/
simple/continuous might + short Unreal, hypothetic
infinitive situation, present
or future oriented,
If I were you, I would try the new unlikely to happen
procedure.
If he had more time,
he could come to see
me in Court.
If she did what her
lawyer says,
she might have a
Type III Past perfect chance to win
would/ could/ the Imaginary
should/ trial.
simple/continuous might + have + past situation, past
participle oriented (regrets,
unfulfilled plans,
If he had been he wouldn’t have wishes to change
innocent, hidden the murder the past)
weapon.
If they had published the girls’private
the article,
would have lives
been
violated.
If I had known more I could have helped
about his intentions, him to be released on
bail.
65
VII. Fill in the gaps with the verbal constructions in the box
to complete the following conditional clauses:

had let will return might have had had been sentenced fail
could get had announced made would ask 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 don’t meet this obligation, you ……………… to this court
for a harsher sentence.
4. If you ……………….. us on time about your illness, we wouldn’t
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.

66
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.
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. Branzburg’s sources allowed the journalist to use their initials only.
___
67
provided that they were not identified. ___
3. If Branzburg’s articles had not been published, he wouldn’t 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 p resents Branzburg’s argument points on


the case, while the right column contains th e judge’s 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 journalist’s viewpoint and states that the freedom of the press is
not above the law.
Argument Points
Branzburg (Reporter) Hayes (Judge Overseeing
a Grand Jury)
Freedom of the Press Freedom of the Press
1. The First Amendment 1. The First Amendment’s
protects the freedom of the press. freedom of the press does not give
The press cannot truly be free the press freedom from all laws and
unless it is at liberty to report on regulations. For instance, members
stories of public interest, i.e., the of the press do not have the right to
drug crisis. In order to get these break into a building to get a story,
stories, reporters sometimes have toeven if the story is one of most
promise confidentiality to their sources.
pressing public concern. Freedom of
If reporters are forced to identify the press guarantees that the press
68
2. Branzburg’s sources accepted to cooperate with the journalist
their confidential sources before a will be free from prior restraint and
grand jury, they will not be able to other government censorship. It has
publish such stories, and the press nothing to do with the assertion that
will not truly be free. a journalist may refuse to identify
confidential sources before a grand
jury when required to do so by law.
Deterrent Effect on the Press Deterrent Effect on the Press
2. At the heart of the First 2. With perhaps a few rare
Amendmen t is the protection of the exemptions, i.e., troop movements
free flow of information. Although during times of war, the First
the government is not directly Amendment prevents the government
censoring the press by requ iring from interfering with whatever truthful
journalists to reveal their confidentialstatements the press decides to
sources, the effect is the same. The publish. When the promise of confi-
public has a right to know about dentiality is between a journalist and
pressing issues such as the drug an individual, this is a private, not
crisis. If a journalist’s source is governmental action. As such, the
engaged in illegal activities and First Amendment is not implicated.
knows that the journalist could be
required to identify him/her, the
source will be hesitant to talk.
Effective Crime Prevention Effective Crime Prevention
3. Effective crime prevention 3. Freedom of the press is not
will not be hindered by protecting thethe only right th at comes into p lay
confidentiality of journalists’ sources.when members of the press are asked
Just like any other citizen, law to reveal their confidential sources.
enforcement personnel are entitled to Often, as in this case, prosecutors
reap the benefits of a journalist’s ask journalists to reveal their sources
work. For instance, police may not to a grand jury in order to investigate
have been aware of the extent of the crime. Even assuming, for the sake of
drug problem in this case without argument, that the First Amendment
Branzburg’s story. If Branzburg is protects journalists from revealing
forced to reveal his sources, law their sources, why does this right
enforcement may be able to auto matically trump th e citizenry’s
apprehend a few criminals, but the right to have law enforcement
deterrent effect will likely stifle the personnel effectively fight crime?
future publication of stories, like the Sometimes freedom of the press
one at issue in this case, that may be must yield to the citizenry’s right to
beneficial to law enforcement. be free from crime.
69
Grand Jury Abuses Grand Jury Abuses
4. Since the grand jury conducts 4. There is no evidence that
its proceedings in secret, requiring a prosecutors abuse their privilege to
journalist to reveal confidential sources
conduct a grand jury. To the
is prone to prosecutorial abuse. Therecontrary, grand juries serve as a
is no guarantee, for instance, that the bulwark for the citizens against
information sought will have any overzealous prosecutors. Without an
bearing on a criminal investigation. Aindictment from a grand jury,
prosecutor may simply ask for namesprosecutors cannot bring charges
in order to harass certain individuals against an individual. In the rare
and/or to find out information that cases where prosecutors do act
could subject others to public ridicule.inappropriately, the Courts provide
suitable remedies.

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 identitatii surselor


jurnalistilor.
2. În conformitate cu legea, daca un jurnalist este adus în fata Curtii, el
va trebui sa depuna marturie în lega tura cu cazurile despre care
detine informatii neoficial.
3. Este datoria presei sa semnaleze Curtii acele cazuri suspecte care ar
face obiectul jurisdictiei sale?
4. Daca un jurnalist alege sa fie fidel sursei sale, aceasta înseamna
neapa rat ca jurnalistul respectiv comite o înca lcare a legii?
5. Se face Branzburg vinovat de sfidare a curtii prin faptul ca a refuzat
sa dezva luie identitatea surselor sale?
6. Daca procurorii ar înca lca legea si ar comite abuzuri, si ei ar fi
pedepsiti în mod corespunza tor de instante superioare de judecata.
7. Daca ar fi sa alegeti între protejarea libertatii presei si oferirea de
informatii necesare pentru rezolvarea unui caz anchetat, pentru ce
ati opta si de ce?
70
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 wouldn’t 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 respondent’s lawyer, they ……………………………… (vote)
in his favour.

6. If a married couple …………….. (decide) to legally separate, the


couple undergoes divorce proceedings.

7. If his wife had invoked ‘irreconcilable differences’ as the grounds


of their divorce, she ……………………………. (get) to keep the
house.

8. Even if the spouses mutually …………… (want) to get a divorce,


the law ……………….. (prohibit) lawyers from representing both
spouses.

9. If you have friends or relatives in your local area who have been
divorced, they ……….. (refer) you to a lawyer appropriate for your
situation.

10. If I ……… (be) accused of medical malpractice, I ………………


(fight) for my rights.

71
VI. Choose the correct versions, paying attention to the use
of verbal tenses, conditionals and modal verbs in conditional
clauses:
1. If participants ……………. any problems with the monitoring
equipment, they must notify officers immediately.
a) will experience b) experience c) experiences d) would experience
2. If the defendant has a prior criminal record, his sentence
……………… harsher.
a) will be b) is c) would be d) should be
3. A grand jury decides if there …… a probable cause to indict
(accuse) individuals or corporations on criminal charges based upon
the evidence presented.
a) will be b) has been c) is d) would be

4. If a person ………….. that he/she has been wrongfully


imprisoned, he/she ……………. the right to challenge the legality of
the confinement.
a) believe, will have b) will believe, may have
c) believes, may have d) has believed, will have
5. If the writ of habeas corpus ……………….. , the prisoner will
be brought into court.
a) will be issued b) is issued c) had been issued d) were issued
6. If, after hearing both sides, the court ……… that the grounds
for the confinement are illegal, the petitioner ……………… .
a) finds, is released b) will find, is released
c) has found, had been released d) found, will be released
7. If I had known what an open-ended question is, I ……………
my last exam.
a) will pass b) would pass c) will have passed d) would have passed

8. If you were such a good lawyer, your arguments …………..


in the present situation.
a) will hold up b) would hold up c) would held up
d) would had held up
72
9. If you ………….. the devil’s advocate and ……………. some
exceptions to the lawyers’argument, we could have won our last case.
a) have played, (have) found b) play, find
c) would have played, (would have) found
d) had played, (had) found
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
c) might 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
13. Judges ……… the authority to hold journalists in contempt
of court, if reporters …….. to comply with an order to reveal the
identity of unnamed sources.
a) had, refused b) have, refuse c) have, would refuse
d) have, will have refused
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 b) has conducted c) conducted
d) would have conducted
15. If a journalist’s 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 b) knows, will be c) is known, will be
d) will know, will be
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

73
17. Unless you …………. things out, we shall have to go to
court.
a) don’t work b) work c) will work d) won’t work
18. If the pedestrian ………………….. by a policeman, the
former should have made a complaint to the nearest police station.
a) has be assaulted b) is assaulted c) will be assaulted
d) were assaulted
19. If the journalist’s story …………… criminal activity, he
would have reported it.
a) has involved b) involves c) had involved d) will involve
20. If a prosecutor ………………….. a grand jury investigation
in bad faith, journalists might have a right to refuse to reveal their
sources.
a) were conducting b) is conducting c) had been conducting
d) will be conducting

74
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.
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
75
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:
• a fi bagat la închisoare pe nedrept = __________________________
• a contesta legalitatea = _________________________________
• a înainta o petitie catre Curte = ___________________________
• a emite o hotarâre/ordonanta judecatoreasca = __________________
• a-si atinge scopul = __________________________
• a cântari/evalua = _____________
• a ceda (în fata/în favoarea) = ______________
• limitarea libertatii de expresie = _____________________________
• pierderea drepturilor de proprietate = _________________________

76
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”.
II. Match the Latin legal terms in column A with th eir English
explanatory definitions in column B:

A B
1. (writ) capias a. ‘do not leave the country’ interdiction
(mandat de aducere) addressed to a debtor that is being prosecuted;
2. (writ) Habeas Corpus b. ‘because of lack of care’: decision wrongly
made by a court (which does not therefore
set a precedent);
3. (writ) certiorari c. ‘after the event’;
4. quid pro quo d. a writ directing a sheriff or other officer
to arrest a named person;
5. ne exeat regno e. ‘eason of the law’: the principle behind a
law;
6. nolle prosequi f. ‘n fact’: as a matter of fact;
7. per incuriam g. ‘on its own’ or ‘alone’;
8. per procurationem h. a writ ordering a person to be brought
(per pro) before a court or judge, esp. so that the
court may ascertain whether his detention is
lawful;
9. de facto i. ‘one thing for another’: action done in
return for something done or promised;
10. ex post facto j. with the authority of /on behalf of;
11. locus standi k. an order of a superior court directing that
a record of proceedings in a lower court be
sent up for review.
12. ratio legis l. ‘do not pursue’: power used by the
Attorney-General to stop a criminal trial;
13. per se m. ‘place to stand’: right to be heard in a court;

III. Use the Latin legal terms in exercise II. in your own
sentences, as in the following examples:
He didn’t 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.
77
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 released 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.
c) to set a precedent for similar cases in lower courts.
4. The writ of habeas corpus was first mentioned in:
a) the Declaration of Independence.
b) the English Habeas Corpus Act of 1679.
c) the U.S. Constitution.

Remember the forms of the Infinitive:


• short infinitive: discuss, work
• long/present infinitive: to discuss, to work
• present continuous infinitive: to be discussing, to be working
• perfect infinitive: to have discussed, to have worked
• perfect infinitive continuous: to have been discussing, to have been working
• passive infinitive forms: (to) be discussed, (to) have been discussed

V. Choose the correct versions, using the forms of the Infinitive:


1. You had better .................... your crimes right now, when you
still have a chance.
a) to confess b) confessing c) confess d) confessed
78
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
3. He made me .............. all my charges, threatening me with a gun.
a) to drop 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
5. Let’s ............. a short coffee break and will decide afterwards.
a) taking 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
7. He is far too unexperienced ……………..... to chief justice.
a) to being promoted b) to be promoted c) to has been promoted
d) being promoted
8. The police are said ………………………. for many months
on this case, without any results so far.
a) to be working b) to have been 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
10. The Court is thought ………….. unjustly……………. him
to 10 years in prison, without any possibility of parole.
a) to …. sentence 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 d) to have been taken
12. He recommended us ……….. an appeal as soon as the
verdict is pronounced.
a) to make b) making c) to have made d) make
79
13. We are sure that he didn’t mean ………….. perjury; he was
too afraid ………….. the truth.
a) committing, to tell b) to commit, to tell
c) to have committed, telling 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
15. I hate …………… you but our witness seems ……………...
it after all.
a) to interrupt, to have made b) interrupting, to make
c) to interrupting, to have made d) interrupt, to make

VI. Put the verbs in brackets into the correct infinitive forms:
Can you help me find (find) better accomodation and a new job?
The judges seem …………….. (1. grant) me parole due to my good
behaviour in prison. But my parole officer doesn’t appear ………….
(2. share) their opinion. Every time something bad happens in my
neighbourhood, he expects me ………. (3. confess) to a crime I did
not commit. Sometimes he comes unexpectedly to check upon me. For
instance, yesterday, he pretended ………………. (4. forget) to give
me an application form which had .……… (5. sign) for my job
interview. In other words, things appear …………….. (6. go) from
bad to worse and sometimes I think I would rather ……… (7. serve)
the rest of my sentence in prison than ………… (8. enjoy) a so-called
freedom. As to getting a job, all employers consider ex-convicts
…….. (9. be) dangerous people. That’s why I am supposed …………
(10. accept) any job that is offered to me. I can do nothing but
………… (11. wait) till my probation period is over and then ………..
(12. start) a new life on my own. I hope soon ………….. (13. work)
in a new job and ……………. (14. live) in a flat of my own. Till then
I am just trying …………… (15. keep) in mind that I am not the first
ex-convict ………….. (16. treat) in this way.

80
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]
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
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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:
1. Amendment IV prohibits:
a) the security of people’s lives, houses, papers and effects;
b) any unauthorized searches and seizures without a valid warrant,
legally issued for a specific purpose;
c) people’s rights to offer resistance to having their houses serched
without a valid warrant.
82
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.
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 criminal’s rights during the criminal proceedings;
b) the witnesses’right to decide whether to appear or not in a criminal
trial;
c) the public’s 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;
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 be denied condition of


by the United servitude. States to vote The right
on account of or abridged shall not by any State
race, or the United or color,

83
Amendment XV
The right of _________________________________________
________________________________________________________
________________________________________________________

the President shall become the removal of


the Vice President of his death or resignation,
In case of from office President. or

Amendment XXV – Section 1


In case of ___________________________________________
________________________________________________________

Remember the forms of Gerunds:


• present gerund: killing, being killed (passive form)
• perfect gerund: having killed, having been killed (passive form)
and that Gerunds are used after: prepositions, verbs +
prepositions, and certain categories of verbs and expressions that
require the use of Gerunds, such as: detest, dislike, enjoy, hate, like,
love, prefer, resent, begin, stop, finish, start, admit, appreciate, avoid,
consider, deny, endure, fancy, forgive, imagine, involve, keep, mention,
mind, practice, prevent, recollect, report, risk, suggest, and expressions:
it’s no use/good, it’s (not) worth, there’s no point (in), feel like, can’t
stand/bear, can’t help, be/get used to, be/get accustomed to, have
difficulty (in), in favour of, look forward to, etc.

IV. Practise the use of Gerunds after the following verbs and
expressions to say what we generally like or dislike doing:
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.
It’s no good ……………………………
It’s no good trying to be friendly with everybody.
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1. My boss really detests……………………………………………...
2. She does enjoy …………………………………………………….
3. I can’t 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. It’s no use ………………………………………………………….
8. I am sure that it’s not worth ……………………………………….
9. If you think this is worth ……………….……………… , then
………………………..
10. There’s no point in ………………………………………………..
11. Old people can’t 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 can’t 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
……………
85
VI. Choose the correct form of Infinitive or Gerund:

1. Everybody hates ..................... the law expenses.


a) to pay b) paying c) to be paid d) to be paying
2. I look forward to ...................you in Court! We shall settle
things then.
a) seeing b) see c) have seen d) saw
3. ‘Find me a good lawyer! I don’t 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
5. ‘Shall we proceed? It’s no use .................... for the witness!’
a) to wait b) having to wait c) waiting d) wait
6. ‘I’m 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
10. He couldn’t help ...................... that the defendant showed no
remorse.
a) not to notice b) not having noticed c) noticing d) notice
11. I don’t intend ...........………......... according to the wishes of
this jury.
a) to act b) acting c) to have acted d) act

86
12. I suggest ...................... upon the case after a short break.
a) to deliberate b) deliberating c) to be deliberating d) deliberate
13. The judge admitted ..................... bribe from one of his
clients months before the trial.
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 d) for him to endure
15. He has been charged with .................... and taken into
custody.
a) trespass b) trespassing c) tresspassing d) to trespass
16. It surprises me ................. that he has been accused of money
laundering.
a) hearing b) to have heard c) to hear d) being heard
17. Would you mind ........……........... up when the verdict is
pronounced?
a) to stand b) stand c) being stand d) standing
18. ‘I strongly object to ...........……....... treated like a hardened
criminal!’
a) be 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

87
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, whi ch
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.
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 infor-
mation;
• the classified information concerns the nature, preparation, or
use of any code, cipher, or cryptographic system of the
88
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 one’s ears drop;
b) to listen secretly to the private conversation of others;
c) to whisper secrets to someone’s 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.
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.
89
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?
________________________________________________________

5. What is the harshest sentence a leaker may receive?


________________________________________________________

6. In what situations can the disclosure of classified information affect


the national security of a country?
________________________________________________________

7. What can the intelligence bureau do to reduce the disclosure of


classified information?
________________________________________________________

8. Give some examples of how a leaker can use the diclosed


information for the benefit of a foreign government.
________________________________________________________
III. Translate the following fragment into Romanian:
To convict a person for disclosing classified information, the
government must prove beyond a reasonable doubt that: the classified
90
5. In the sentence To convict a person for disclosing classified
information, to disclose information means:
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.
________________________________________________________
________________________________________________________
_______________________________________________
________________________________________________________

_________
_______________________________________________
Remember the use of Were Subjunctive (unreal past)
_________
IV. Practise the use of were subjunctive/unreal past (verb +
-ed/ the 2nd form of irregular verbs) after the verbs in italics to
express unreal/improbable situations in the present:
Examples:
I wish I …….. (be) a first offender so that I could receive a lenient
sentence.
I wish I were a first offender so that I could receive a lenient sentence.
Suppose they ……….. (offer) to reduce your prison sentence, would
you co-operate?
Suppose they offered to reduce your prison sentence, would you
co-operate?
I’d rather she ……….. (spend) the rest of her life in jail than sell
drugs for a living.
I’d 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. I’d 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.
91
7. It’s 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. I’d 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.
I’d rather they …………..…….. (vote) the fifth Amendment to the
Constitution many centuries ago.
I’d 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. I’d rather the jury ………….. (prove) beyond any reasonable
doubt that the defendant of guilty of tax evasion.
4. If the plaintiff ………………. (submit) all his claims on time, the
court would have discussed them in full session.
92
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 kid’s 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. I’d rather you ……………… to your parents that I am an
ex-convict.
a) don’t mention b) didn’t mention c) haven’t mention
d) won’t 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. It’s 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 it’s too late for this!
a) placed b) had placed c) should place d) to place
7. Suppose you …………… of espionage, what would you do to
defend yourself?
a) are accused b) should be accused c) were accused
d) are being accused
93
8. It’s high time somebody …………….. him of bankruptcy
fraud crimes!
a) suspected b) had suspected c) should suspect d) suspect
9. If only they ………….. more resources to taking care of their
clients!
a) investing b) have been investing c) should invest d) were investing
10. If we ………. more about the verdict, we would be ready to
have a press release.
a) might know b) know c) will know d) knew
11. Imagine your first witness ………… not to testify in the last
minute, what would you do next?
a) decide b) decided c) has decided d) having decided
12. I wish you …………. to terms to the world you are living in!
a) come b) are coming c) came d) have come
13. If only they …………… on what grounds he had been
arrested!
a) have mentioned b) mention c) will mention d) had mentioned
14. They’d sooner she …………… a way to deal with her
present situation on her own.
a) found b) finds c) founded d) has found
15. Suppose the court ………………. you to testify against your
friend, what would you do?
a) summons b) summoned c) will summon d) should summoned

VII. Translate all the sentences from exercises IV, V and VI


into Romanian.

VIII. Create your own sentences using the were subjunctive


and perfect subjunctive forms after the verbal constructions in
italics.

94
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
patients will willingly undergo “unnecessary and unwarranted medical
procedures to generate fraudulent claims and profits”.
95
A person charged with a health care fraud can be punished by
• a fine, imprisonment for not more than 10 years, or both.
If the violation results in serious bodily injury that person can be
punished by
• a fine, imprisonment for not more than 20 years, or both.
If the violation results in death, that person can be punished by
• a fine, imprisonment for any term of years or for life, or both.
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
examp les, with their definition and Romanian translation:

hereinafter = stated later in this = mentionat în continuare


document (într-un documen t)
herein = in this document = aici, în acest document
hereby = in this way or by = prin aceasta, în felul acesta
this letter
hereunder = under this heading = mai jos
or below this phrase
henceforth = from this time on = de acum înainte, în viitor
notwithstanding = in spite of = desi, cu toate acestea

I. Match the new words and expressions in column A with


their Romanian equivalents in column B:

A B
1. health care fraud a. a defrauda/însela/escroca
2. to oversee the investigation b. a executa separat teste/servicii în
vederea taxarii unor tarife mai mari
3. the forfeiture of assets c. serviciu rambursabil
4. to defraud d. taxari frauduloase
5. billing for service not e. frauda în cadrul sistemului medical
rendered
6. reimbursable service f. a fi supus unor proceduri medicale
nejustificate
7. kickback g. lezare corporala grava
96
8. to unbundle tests/services h. a supraveghea/controla investigatia
to generate higher fees
9. outpatient surgery fraud i. mita/bani dati contra unui serviciu
10. fraudulent billings j. confiscarea bunurilor
11. to undergo unwarranted k. fraudarea serviciilor operatorii
medical procedures pentru pacientii externi
12. serious bodily injury l. taxarea unor servicii neprestate

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

1. _________ = illegal commission paid to someone (especially


a government official) who helps in a business deal;
2. _________ = to promise, offer, or give something, usually
money, to a person to procure services or gain influence, esp. illegally;
3. _________ = money given to a person, such as an
accomplice, to ensure that something is kept secret;
4. _________ = (slang) money or valuables, esp. when stolen,
counterfeit, or used as a bribe.

III. Provide the nouns derived from the following verbs:

verbs nouns
1. to investigate 1. investigation
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.

97
IV. Answer the following questions, after re-reading the text:
1. Who investigates health care frauds?
________________________________________________________

2. What do FCS and HCFU stand for?


________________________________________________________

3. What is the mission of the FCS?


________________________________________________________

4. What is the mission of the HCFU?


________________________________________________________

5. Which types of health care frauds affect patients the most?


________________________________________________________

6. Why do some patients willingly undergo unwarranted medical


procedures?
________________________________________________________

7. What is the punishment for a person charged with a health care fraud?
________________________________________________________

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. What reasons do medical professionals have to risk patient harm


in committing 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
98
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.

1. Tax inspectors recommended that new rules against tax evasion


………………….. (introduce).
2. The judge ordered that the court ……………… (adjourn) for
lunch.
3. The PM demanded that the spokesman ………………. (withdraw)
his offending remark.
4. The police officer decided that the pimp ……………….. (call) his
lawyer the minute he was arrested.
5. The magistrate directed that the man …………..………. (release)
immediately.
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6. The police gave instructions that the pedestrians ……………….
(not approach) the crime scene.
7. The police issued a warning in order that the public …………….
(not come) in contact with any red-haired, suspicious looking
woman.
8. He keeps his precious coin collection in a safe deposit lest his
house ……………… (burgle).
9. The protesters urged that the defendant ………………. (be
released) on bail.
10. I suggested that they ……………….. (take) legal advice long ago.
11. It’s incredible that he …………………… (go) away with murder
after so much effort had been invested in finding hard evidence!
12. It’s ridiculous that you ………………… (miss) the only
testimony that was worth hearing.
13. It’s essential that you ………………. (read) the contract before
signing it.
14. It was important that he ……………….. (inform) himself on the
case, before agreeing to represent his client.
15. It’s unbelievable that he ………………. (share) the same cell with
another prisoner and (not say) a word to him ever.

Remember the Synthetic Subjunctive – Be Subjunctive


Be-Subjunctive is competing with Analytic Subjunctive in the
contexts presented before exercise VI. The only difference is that
Be-Subjunctive is preserved in legalistic style, official announcements,
parliamentary style and is more frequently used in American English,
while the Analytic Subjunctive is preferred in British English.
Example:
The judge ruled that the jury withdraw to deliberate upon the verdict.
It was absurd that he be arrested for such an insignificant act.
He began to be worried lest they accuse him of mortgage fraud crimes.

VII. Translate the following sentences into Romanian:


Note:
The sentences below include more values of Be-Subjunctive that have
become obsolete; in most of the cases, Be-Subjunctive has been replaced by
the modal verb shall that is used in formulating articles, points of law and
legal documents; there are also some examples of May/Might – Subjunctives.
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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 God’s 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 don’t 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
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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
7. The members of the commission expressed a desire that the
participants ……………. in an hour.
a) reconvened b) to reconvene c) might reconvene
d) should reconvene
8. The suggestion is that we …………….matters more seriously.
a) took b) taking c) should take d) would take
9. I didn’t dare tell the truth lest I ……………. arrested for
conspiracy crimes.
a) should be b) were c) am d) will be
10. It is demanded that the Council ………. common rules
applicable to international transport.
a) laid down b) lay down c) should laid down d) lays down
11. Wherever you …………. , I shall protect you against your
enemies!
a) goes b) may go c) will go d) are going
12. However difficult this problem ……………, I will solve it in
a minute!
a) shall be b) will be c) may be d) be
13. ………. you make the best of you life!
a) Should b) Shall c) Might d) May
14. They were worried lest she …………… a prison sentence.
a) receives b) should receive c) may receive d) received
15. Far …... it from me to make allegations before having some
proofs.
a) away is b) is c) should be d) be

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UNIT 7
IDENTITY THEFT

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 devices during any one-year period,
and, by doing so, obtain anything of value aggregating $ 1,000
or more during that period;

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• 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;
• 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;
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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 one’s debts by running;
b) to pay back one’s 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;
b) to assume the control or management of;
c) to examine/ investigate smth for accuracy.
5. In the phrase to provide an appropriate penalty for each offense…,
penalty means:
a) a handicap awarded against a player or team for illegal play, such
as a free shot at goal by the opposing team, loss of points, etc;
b) loss, suffering, or other unfortunate result of one's own action,
error;
c) a legal or official punishment, such as a term of imprisonment.

II. Provide the Romanian equivalent for the following phrases:

• identity theft = ___________________


• social security numbers = ____________________
• credit card numbers = _______________________
• financial accounts = ________________________
• Personal Identification Numbers = __________________
• counterfeit documents = __________________________
• telecommunications services = _____________________
• scanning receiver = ______________________________
• records of transactions = __________________________
105
III. Answer the following questions, using your own words to
express personal opinion:
1.Which are the main reasons that determine criminals to commit
identity theft crimes?
In my opinion/view, I think that __________________________
________________________________________________________

2. Which are the weak points of the social security system that make
identity theft crimes possible?
I am inclined to believe that _____________________________
________________________________________________________

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”.
106
________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

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.
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 take in = to deceive [not to bring in]
I think you should cut down your traveling expenses.
to cut down = to reduce
We arranged to meet in front of the cinema but she didn’t turn up.
to turn up = to 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 cut somebody off check in break away
think over let somebody down hold on come up with
wear out put something down to call off break off

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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?


________________________________________________________

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.
________________________________________________________
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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. Who will stand in for/___________ Jane while she is away?
3. Who do you think I ran into/_________ yesterday?
4. I have a job now, so I no longer live on/___________ my parents.
5. The novel which I have been working on for such a long time will
eventually come out__________ next month.
6. His coming into/___________ a big fortune turned out/_________
to be a blessing in disguise.
7. I won’t give your secrets away/__________ provided that you are
through with/__________ that man once and for ever.
8. He will never come up to/__________ her expectations.
9. Go ahead! I’ll catch up/__________ with you in no time.
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 don’t 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 employee’s
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
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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
12. If nobody comes …………. a solution soon, we shall go
bankrupt.
a) up with b) in with c) out with
13. If you don`t know my phone number, you could look it
……. in the phone directory.
a) into b)on c) up
14. Our travel agency will be taken ………. by a German
company.
a) in b) out c) over
15. Now it would be a good time to bring ……… the matter of
child support in Romania.
a) in b) up c) out
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16. I have a very urgent message. Could you put me ………….
to Mr. Leigh, please?
a) through b) off c) up
17. He put his failure in Court ………… bad luck.
a) up to 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 can’t 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 don’t 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

111
KEY TO EXERCISES

PART I

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. v erdict, 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, don’t you talk; 3. has decided;
4. have you accepted; 5. came, asked, told, didn’t seem; 6. was waiting,
realized, was watching, decided; 7. has been presiding, is retiring; 8. didn’t
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 chamb ers; 10 . annually.
112
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.
VII. 1. possibility; 2. inability; 3. necessity; 4. impossibility; 5. logical
assumption (affirmative); 6. criticism; 7. requests; 8. advice; 9. offers;
10. suggestions; 1 1. permission; 12. remote possibility; 13. obligation;
14. logical assumption (negative); 15. past ability; 16. absence of o bligation;
17. prohibition.
UNIT 5
II. 1. F; 2. T; 3. F; 4. T; 5. T; 6. F; 7. F; 8. T; 9. F; 10. F; 11. F; 12. T;
13. T; 14. F; 15. F.
V. 1. has been decided; 2. will be illustrated; 3. is caught; 4. was judged;
5. is prohibited; 6. has been considered; 7. had already been discussed;
8. were still being heard; 9. are now being escorted; 10. to have been reported;
11. will be issued; 12. wou ld have been allocated.
VII. 1. b; 2. c; 3. a; 4. c; 5. b; 6. c; 7. b; 8. c; 9. b; 10. c.
UNIT 6
I. 1. C; 2. E; 3. A; 4. F; 5. H; 6. B; 7. G; 8. D.
II. 1. C; 2. A; 3. B; 4. B; 5. B.
III. 1. c; 2. e; 3. h; 4. b; 5. f; 6. i; 7. a; 8. j; 9. g; 10. d.
IV. 1. b; 2. a; 3. c; 4. d; 5. a; 6. b; 7. c; 8. a; 9. c; 10. d; 11. b; 12. b;
13. b; 14. b; 15. a; 16. b; 17. c; 18. b; 19. c; 20. a.
UNIT 7
I. 1. e; 2. g; 3. f; 4. a; 5. d; 6. c; 7. b.
II. 1. T; 2. F; 3. T; 4. F; 5. F; 6. T; 7. F; 8. T; 9. T; 10. F.
IV. transmitter, frequency, receiver, considered.
V. 1. b; 2. a; 3. c; 4. b; 5. b; 6. a; 7. c; 8. b; 9. b; 10. c.
VI. criminal matters; petit jury; first offender; death penalty; community
work; mental health; guidelines; member state; probation officer; citizenship;
tax exempt; shoplifting; self-esteem; manslaughter.
113
PART II
UNIT 1
I. 1. f; 2. d; 3. h; 4. a; 5. k; 6. i; 7. b; 8. e; 9. l; 10. c; 11. g; 12. j.
VII. 1. may walk; 2. fail; 3. will return; 4. had announced; 5 . would
ask; 6. might have had; 7. had let; 8. made; 9. could get; 10. had been
sentenced.
UNIT 2
I. 1. F; 2. T; 3. T; 4. F; 5. T; 6. F; 7. F.
V. 1. will be released; 2. approves/approved/had approved, will
have/would have/would have had; 3. hadn’t been summoned; 4. meets;
5. would have voted; 6. decides; 7. would have got; 8. want, prohibits; 9. may
refer; 10. am/were/had been, will fight/would fight/would have fought.
VI. 1. b; 2. a; 3. c; 4. c; 5. b; 6. a; 7. d; 8. b; 9. d; 10. b; 11. b; 12. a;
13. b; 14. a; 15. b; 16. c; 17. b; 18. a; 19. c; 20. a.
UNIT 3
II. 1. d; 2. h; 3. k; 4. i; 5. a; 6. l; 7. b; 8. j; 9. f; 10. c; 11. m; 12. e; 13. g.
IV. 1. c; 2. b; 3. b; 4. b.
V. 1. c; 2. a; 3. b; 4. a; 5. d; 6. c; 7. b; 8. b; 9. d; 10. b; 11. c; 12. a;
13. b; 14. d; 15. a.
VI. 1. to have granted; 2. to share/to be sharing; 3. to confess; 4. to
have forgotten; 5. to be signed; 6. to be going; 7. serve; 8. enjoy; 9. to be;
10. to accept; 11. wait; 12. start; 13. to work/to be working; 14. live/be living;
15. to keep; 16. to be treated.
UNIT 4
I. 1. to ratify; 2. personal effects; 3. infamous; 4. presentment; 5. to
ascertain; 6. compulsory; 7. to inflict; 8. prosecution; 9. indictment;
10. seizure; 11. construe; 12. disparage.
II. 1. b; 2. c; 3. a; 4. c; 5. b.
III. Amendment XV. The right of citizens of the United States to v ote
shall not be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude.
Amendment XXV. In case of the removal of the President from office
or of his death or resignation, the Vice President shall become President.
VI. 1. b; 2. a; 3. a; 4. a; 5. c; 6. a; 7. c; 8. b; 9. c; 10. c; 11. a; 12. b;
13. c; 14. b; 15. b; 16. c; 17. d; 18. c; 19. a; 20. c.
UNIT 5
I. 1. b; 2. a; 3. c; 4. a; 5. a.
IV. 1. didn’t 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.
114
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. hadn’t 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. shouldn’t approach;
7. shouldn’t 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, shouldn’t 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.

115
APPENDIX A – PHRASAL VERBS

Here are some of the main phrasal verb s with their equivalent, listed in
the alphabetical order of the adverbial particle:

ABOUT
bring about = to cause
come about = to happen
fall about = to laugh in an uncontolled manner
feel about = to find (one`s way) or perceive sth by touching
fuss about = to be worried or excited, esp over small things
get about = to circulate, spread (about news, rumours etc)
hang about = to waste time, loiter
see about = to make inquires or arrangements
AFTER
look after = to take care of
set about = to begin
run after = to pursue
throw about = to scatter sth everywhere
take after = to resemble (one`s parents, relatives)
AT
call at = to visit briefly
catch at sth = to try to seize sth
drive at = to imply
fly at sb = to rush to attack sb
get at sb = to criticize sb repeatedly; influence sb illegally
ACROSS
go at/ fall/
come sbrun= to attack
across sbsth or meet sb by chance
= to find
get (sth) across (to sb) = to (cause sth to) be communicated or understood
put oneself/ sth across (to sb) = to communicate or convey (one’s ideas,
personality) to sb
116
AWAY
break away = to escape from captivity
clear (sth) away = to remove (objects) in order to leave a
clear space
die away = to become so faint or weak that is no longer
noticeable
do away with sth = to get rid of sth, abolish sth
get away with = to escape punishment
give sth/sb away = to reveal or betray sth/sb; give sth free
BACK
answer
of charge (sb) back = to speak rudely (to sb) , esp when being
criticized
run away with = to steal sth and carry it away
cut
take (sth)
away back or cut back on sth = to reduce sth
= to remove
considerably
turn away = to refuse admittance to sb
fall
wearback (sth) (onaway
sb) ==to to retreat,
become turn thin,
back;damaged,
to go to sbweakfor help
by
DOWN
when
break in
down
constant use difficulty
= to collapse, cease to function; lose control of
hold
feelings sth/sb back = to prevent the development/advance of
sth/sb,
cut down to delay
on = to reduce (consumption)
look
get (sb)back = to=think
down about
to make sbone`s past or demoralized
depressed
takedown
get back = totosthwithdraw
= to begin a statement
to do sth,orgive comment
serious attention
to sth
let sb down = to disappoint sb, fail to help sb
look down on sb = to despise sb
note
IN, INTOdown = to write from speech
put in(sth)
break down
= to enter to (sth)
a building = interrupt
by force; to consider that sth is caused by
(a conversation)
bring in = to introduce (legislation) ; arrest sb; pronounce a verdict
sth; charge an item
come in = to become fashionable
to ainto
come particular
= to inherit account
check in = to register as a guest at a hotel
run (sb/sth) down = to criticize; to gradually stop
drop in = to visit unexpectedly
functioning; hit and knock 117
sth/sb to the ground
turn (sth/sb) down = to reject or refuse to consider; reduce
heat, noise etc
OFF
break off = to end sth suddenly
bring off = to succeed in sth difficult
call off = to cancel
come off = to succeed; take place, happen as arranged
cut (sb) off = to disconnect; stop the supply of sth to sb;
disinherit sb; isolate
drop off /fall off = to decrease
get off = to send
get off with = to nearly escape punishment
give
118 off = to send out or emit sth
go
eat off
into=sthto explode
= to consume a part of sth; destroy, corrode sth
let
fall in with = totoagree
sb off = not punish to severily
put
fit inoff== totomix postpone
well with others
ON
put
give
carry sb
onin off
=
(with (sth)
to
) = =
yield,
to distract
cease
continue tosb, disturb sb who is doing sth
resist
see
catch sb= to
on
gooninto off
= to=progress
become topopular
accompany a traveller to a railway station,
investigate
get = to make
airport
go etc
gooninwithfor
= to=continue
to participate,
sth esp after atake
pause part in
show
keep in offwith
= tosbtry= to impress others
to continue b y all means
to be friendly with sb
take off = remove (clothing);
let sb in for = to cause sb to get into trouble leave the ground (of
aeroplanes);
put in = to make imitate sb in a request
an official
comic
run intoway = to meet by chance; collid e with
turn
stand in forto=switch
off = off temporarily
to replace
wear
take inoff= =totodeceive;
disappear gradually (the
to understand; effect clothes
to make of sth) smaller
talk sb into = to convince sb to do sth
turn in = to go to bed; to report to the authorities
turn into = to conv ert
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
OUT
back
try onout = tooftry= tothewithdraw from
fit (of clothes)
bear
turn oout n == switch
to support the truth
on; attack sb of
suddenly
bring
work on out/= come
to be out = to publish
occupied with
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 carefu l; 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
OVER
see over
blow out==to to accompany
cease sb to an exit
or finish; be forgotten
come over = (of a feeling) affect sb; change from one side, opinion to another
turn
get overout
= to = to prove
recover to be; orproduce
from; overcome master sth;
wear
get out
sth over (with)== tobecome
commu nicateuseless
sth to sb;or exhausted
complete through
sth unpleasant but use
necessary
(clothes);
make over = to cause sbownership
transfer the to of sth
become
pass over (to)exhausted,
= to hand (to sb)tire sb out
see over = to inspect by making a tour of
work out = to find a solution by resoning; turn out
take over = to assume the control or management of
successfully
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 119
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 sp ite 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)
UP
go through = to suffer; to examine sth closely and
be up to = to be required as a duty or obligation from sb; be left to sb to decide
systematically
book up = to make a reservation for
break
let sb up = to put an end
through to (aallow
= to relationship);
sb todissolve
pass orandisperse;
examlose or control
a test
of emotions
run upthrough
bring = and
= to care for to train
rehearse
(a child); or
raisepractice;
a subject for exhaust (money) by
discussion; vomit
wasteful spending
catch up = to reach sb who is ahead;
come up to = to equal or meet a standard
be absorbed or involved in

see upthrough
come sb/sthor find
with = to produce = (annotidea)to be deceived by sb/sth; not
abandon sth until it is
draw up = to come to a stop (of vehicles)
give up = to stop doing sth; to surrender; admit one`s defeat or inability to do
finished;
sth; to reveal orhelp or information
disclose support sb esp in difficu lt times
hold up = to rob (a bank, vehicle); delay,hinder; survive or last
keep up with = stay at an equal level with
look up = to search for sth (a word) in a reference
look up to = to respect
make up = to invent a story; end a quarrel; compensate for sth; put cosmetics
on sb`s face
live up to = to reach the standard that may be expected
put up with = to tolerate
set up = to start a business; make (an apparatus) ready for use; establish (a record)
stand up for sb/sth = speak /work etc in favour of sb/sth , support sb/sth;
take up = to begin a hobby, sport, study, language etc; shorten a garmet;
occupy or fill (space or time)
work up = to arose the feelings of, excite; cause to grow or develop; advance
in business

120
APPENDIX B
ENGLISH-ROMANIAN GLOSSARY OF LEGAL TERMS

affray tulburare a ordinii publice


amnesty amnistie
appeal apel, recurs
armed robbery jaf armat
arsonist, arson incendiator, incendiere premeditata
assault and battery molestare si ultraj
Attorney Gen eral Procuror general
bail, to bail smb. cautiune, a elibera pe cautiune
barrister avocat pledant, de obicei în instant ele
superioare
beyond reasonable doubt în afara de orice îndoiala justa
boodle s pert, mita
breach (of) infractiune/ violare/ încalcare (a unei
conventii)
bribery mituire/ luare de mita
capital punishment pedeapsa capitala
case law precedent juridic, jurisprudenta
civil law drept civil
common law drept comun, cutumier
community work/service munca în interesul comunitatii
contempt of court sfidarea curtii
conviction condamnare
coroner medic legist si reprezentant al parche-
tului, anchetând cazuri de deces violent
counsel consilier juridic
counsel ex officio (to assist a poor avocat din oficiu
person)
count cap de acuzare
county court instanta judecatoreasca civila com-
petenta în cercetarea micilor debite
Court martial Curte mart iala
121
Court of appeal Curte de apel
crime delict, infractiune, crima
criminal jurisdiction jurisdictie penala
crime rate rata criminalitatii
criminal record cazier judiciar
cross-examination contra-interogatoriu
Crown Court Curte de justitie criminala (în Anglia)
death penalty pedeapsa cu moartea
decree law decret cu putere de lege
defence attorney (US) avocat
defendant inculpat/pârât
delinquent delincvent
deterrent pedeapsa folosita ca mijloc de
intimidare pentru a împiedica pe
cineva sa mai comita infractiuni
dock banca acuzatilor
duress privare de libertate
electoral law lege electorala
embezzler delapidator
extenuating circumstances/ circumstante atenuante
mitigating circumstances
extortion/blackmail jecmanire, santajare
felony infractiune grava/act criminal
fine amenda
firebug piroman
first offender delicvent aflat la prima infract iune
forensic evidence expertiza medico-legala
forensic medicine medicina judiciara
Grand Jury Înalta Curte cu Jurati (SUA)
grand larceny furt peste o anumita valoare
hard evidence probe materiale
hardened criminal/recidivist criminal înrait/recidivist
hearing audiere
home confinement arest/detentiune la domiciliu
hush-money mita/cumparare a tacerii cuiva care sa
nu denunte
identity theft furt de identitate
incriminatin g evidence probe incriminatorii
indictment incriminare, punere sub acuzare
infringement of infractiune, violare, abuz, încalcare,
reproducere ilicita
122
Inns of Court cladiri londoneze apartinând la patru
societati juridice
International Court of Justice Curtea Internationala de Justitie
involuntary manslaughter omor prin imprudenta
judge jud ecator
judgement in civil matters sentinta civila
judgement in criminal case sentinta penala
judgement by default sentinta data în lipsa
jurisconsult jurisconsult
jurisprudence jurisprudenta, stiinta dreptului
juror jurat
jury juriu
jury box banca juriului
jury duty obligat ia de a face parte din
componenta curt ii cu jurati
jury-panel lista juratilor
kickback mita/bani dati contra unui serviciu
larceny furt
law-breaker contravenient
law court/court of law instanta de judecata, tribunal
law expenses cheltuieli de judecata
law giver/maker legiuitor
law term termen juridic
law-abiding (citizen) (cetatean) care respecta legea
lawsuit proces civ il
legal adviser consilier juridic
legal aid asistenta judiciara
legal proceedings urmarire judiciara
libel calomnie (în scris)
life sentence condamnare pe viata
magistrate magistrat
manslaughter omor prin prudenta
martial law lege martiala
miscarriage of justice eroare judiciara
misdemeanor infractiune, delict
mugging/assault agresiune, atac
murder attempt/attempted murder tentativa de crima
offence delict/in fractiune
offender delincvent/infractor
123
on parole eliberat din închisoare pe cuvânt de
onoare/pentru o conduita ireprosabila
on probation pus în libertate sub supraveghere
outlaw proscris
penalty pedeapsa, amenda
perjury sperjur/marturie falsa
petitioner petitionar/solicitant
Petit Jury Curte cu jurat i ce cerceteaza anumite
infractiuni (SUA)
petty crime infractiune minora
petty larceny furt de lucruri marunte
pickpocket hot de buzunare
plaintiff reclamant (civil)
plea pledoarie în aparare
poacher braconier
post-mortem autopsie
previous convictions condamnari anterioare
probation eliberare conditionata
probation officer ofit er de politie însarcinat cu
supravegherea unei persoane
eliberate condit ionat
prosecution acuzarea, procuratura
prosecutor/district attorney procuror
pursuant to conform cu/potrivit cu
rationale argumentare/explicare rationala
rebu ttal dovada contrarie
recovery of judgement câstig de cauza
remission reducere de pedeapsa, grat iere
respondent reclamat/pârât
retrosp ective law lege retroactiva
rules of procedure procedura judiciara
search warrant mandat de perchezitie
seizure of real estate sechestru imobiliar
shoplifting, shoplifter furt din magazine, hot de magazine
slander calomnie
smuggler contrabandist
solicitor avocat consultant, însarcinat cu
procedura, care are voie sa pledeze
numai în anumite instante inferioare
solitary confinement izolare la carcera
statement declaratie, depozitie
124
statute law drept scris
suspended sentence condamnare cu suspendare
the Bar Barou
to abduct, abduction, abductor a rapi (persoane), rapire, rapitor
to abet, abetter a fi complicele (cuiva), complice
to appear in court a fi adus în fata justitiei
to be caught red-handed a fi prins asupra faptului
to be placed under investigation a fi pus sub urmarirea polit iei
to be remanded/released on bail a fi eliberat pe cautiune
to be tried in one’s absence a fi judecat în lipsa, în contumacie
to break in, a break-in a patrunde prin efract ie, o efractie
to bring an action (against) a intenta o act iune în justitie
to bring to court a urmari în justitie
to bring to trial a aduce la tribunal
to burgle, burglary, burglar a comite o spargere,
prin spargere/furt
efractie, spargator
to commit a crime a comite un delict/o crima
to commute a sentence a comuta o pedeapsa
to comply with a se conforma/a respecta
to convene a meeting/session a convoca o întrunire/sed inta
to conv ene a person before trial/ a cita o persoana sa se prezinte
to summon sb. la tribunal
to coun terfeit, counterfeit a contraface/falsifica,
contrafacere/falsificare
to defraud a defrauda/însela/escroca
to dismiss a case a declara un caz închis
to drop a charge a renunta la o acuzatie
to embezzle, embezzlement, a delapida, delapidare, delapidator
embezzler
to enforce a judgement a pune în executie o hotarâre
judecatoreasca
to enforce the law a pune în aplicare legea
to exonerate, exoneration a exonera/disculpa,
exonerare/dezvinovatire
to file against the plaintiff a pronunt a sentinta împotriva
reclamantului
to find for the plaintiff a pronunta sentinta în favoarea
reclamantului
to forfeit, forfeit/forfeiture a pierde un drept (asupra unu i lucru)
ca urmare a unui delict penal,
confiscare, dezicere, amenda
125
to forge, forgery, forger a contraface/falsifica, contrafacere,
falsificator
to fulfil an ob ligation a îndeplini o obligatie
to give smb. the benefit of the doubt a considera p e cineva nevinovat
to hear a case in camera a audia un proces cu us ile închise
to hear a case/a witness a audia un caz, un martor
to hold up, a hold-up a ataca pentru a jefui (automobile),
un atac banditesc/un hold-up
to impose a lump sum or a penalty a impune o plata forfetara sau
payment o amenda
to institute/take legal proceedings a actiona pe cineva în justitie
against smb.
to issue a photofit picture a publica un portret-robot
to issue a writ a emite o hotarâre/ordonanta
judecatoreasca
to kidnap, kidnapping, kidnapper a rapi, rapire, rapitor
to lead a witness a pune întrebari tendentioase unui
martor
to mug/ to assault a ataca, a agresa
to murder, murder, murderer a asasina, asasinat, asasin
to petition a court a în ainta a cerere/petitie catre curte
to poach, poacher a face braconaj, braconier
to prosecute a urmari în justitie, a da în judecata
to rape, rape, rapist a viola, viol, violator
to ratify, ratificatio n a ratifica/valida, ratificare
to receive a jail sentence a primi o pedeapsa cu închisoarea
to remand in custody a cerceta în stare de arest
to reverse a ruling a anula o sentinta judecatoreasca
to rob, robbery, robber a jefui, jaf, jefuitor
to seize, seizure a lua în posesie/a confisca/a
sechestra, confiscare/sechestrare
to serve a sentence a executa o sentinta
to serve a writ/subpoena a trimite o hotarâre judecatoreasca/
o citatie
to serve one’s sentence a-si ispas i pedeapsa
to settle out of court a se rezolva pe cale amiabila
to sit (of a court) a fi în sedinta, a se întruni
to smuggle, smuggling, smuggler a face contrabanda, contrabanda,
contrabandist
to submit a case/file to a supune un caz/dosar spre examinare
to subpoena a witness a cita un martor
126
to take exception to a witness a recuza un martor
to take into custody a aresta
to tresp ass, trespassing, trespasser în calcarea granitei unei proprietati,
intruziune ilegala, intrus
to vandalize a vandaliza
BIBLIOGRAPHY
trial by jury judecata înaintea juratilor
trial lawyer/barrister avocat pledant
under house arrest cu domiciliu fortat
vandalism, vandal vandalism, vandal
verdict verd ict
voluntary manslaughter omor premeditat
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warrantLLM, Diparrest
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witness for the prosecution martor al acuzarii
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writ Lon don , Butterworths, 1990. ordonanta/hotarâre judecatoresca
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wrongdoer Dictionar
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