Beruflich Dokumente
Kultur Dokumente
3
UNIT 1
4
- a number of offences called “either way” offences
which may or may not be tried by a jury at the request of the
defendant. The best example is theft9 which may involve either
very small or very large amounts of money.
The magistrate’s criminal jurisdiction is mainly limited
to summary and either way offences (where the defendant may
elect not to have a jury trial). Anyway, magistrates have an
important role to play in serious criminal proceedings. When a
person is charged with are indictable offence, magistrates sit as
examining justices to decide whether the prosecution’s case is
strong enough to warrant10 committing the accused for trial in
the Crown Court. The procedure is known as “committal
proceedings”. They also issue arrest and search warrants to the
police.
The civil jurisdiction of the magistrate is limited to
minor matters including matrimonial and family matters and
the granting of licenses.
Justices of the peace are chosen by the Lord Chancellor
on the advice of Advisory Boards, that are concerned with
recruiting magistrates from amongst the “worthy” members.
Many justices of the peace are chosen on the recommendation
of an existing magistrate. It seems that others are chosen for
their background in voluntary work such as in churches or
youth organisations. They are not paid a salary but receive
expenses incurred11 in the performance of their judicial duties.
They are assisted by “clerks to the justices”, solicitors or
barristers of at least seven years’standing, who perform the
administrative work of the court.
Stipendiary magistrates are to be found in most of the
large towns and cities of England and Wales. They are full-
time members of the Court chosen by the Queen on the advice
of the Lord Chancellor. They receive wages or a “stipend”12
and unlike lay magistrates they may sit alone.
5
VOCABULARY
COMPREHENSION CHECK
6
II. Give the Romanian equivalents of the following
English terms for different types of crimes:
7
acting in an official capacity anything
of value with the intention to alter or
influence the person’s decisions or
actions.
8) the deliberate destruction or
• fraud damage of another’s property, not by
offence fire.
8
VI. Translate into English:
VII. Discussion:
FOCUS ON GRAMMAR
SEQUENCE OF TENSES
9
AT THE PRESENT TENSE PRESENT TENSE
SAME TIME He says he doesn’t know
the truth
PAST TENSE PAST TENSE
John knew everything was all
right
EARLIER PRESENT TENSE PRESENT
I know PERFECT
you have done
your lessons.
PRESENT TENSE PAST TENSE
The students don’t what I taught them
remember last week.
PAST TENSE PAST PERFECT
They didn’t remember what I had taught
them the week
before.
10
f) We assume the meeting will be over around six
o’clock.
g) I remember that the the wind blew very hard the
week before last.
h) She hears that Professor Johnson is writing another
book.
i) We guess our friends haven’t heard the good news
yet.
j) The message indicates Dr. Evans will be back from
Bucharest next Saturday.
11
III. Put the verbs in brackets into the right tense:
12
c) N-am putut face excursia deoarece ploua de trei de
zile.
d) Când am ajuns la cinema, filmul începuse de mult.
e) Vânzătorul plecase deja acasă când am ajuns noi la
magazin.
f) Ne plimbăm de o jumătate de oră când ne-am întâlnit
cu Frank.
g) Mă dusesem deja la culcare când mi-am adus aminte
că nu am încuiat uşa.
h) Te vom aştepta în faţa teatrului când se va termina
piesa.
i) Când Mary va absolvi facultatea, va fi studiat aici
patru ani.
j) Sandra spera că se va putea duce la plimbare cu
Michael dacă îşi va termina lucrarea.
k) Ce-ai mai făcut de când nu ne-am mai văzut?
l) Nici nu terminase de gătit că a şi sosit soţul ei.
m) Se gândea că dacă pleacă imediat o să ajungă acasă
înainte de miezul nopţii.
n) Soarele a răsărit, dar bate un vânt rece.
13
UNIT 2
POLICE POWERS
Over the past few years, the powers the police have to
stop, question, arrest, search and detain1 have undergone major
changes in the United Kingdom. The two key pieces of
legislation in this field are the “Police and Criminal Evidence
Act”, sometimes referred to as PACE, and the “Public Order
Act”.
Arrest means the loss of liberty, being subject to
restraint2 as to one’s movements. An arrest by the police will
only be lawful if the arrested person is informed that he or she
is under arrest and told the grounds3 for the arrest.
The police have the power to arrest a person without a
warrant in four different sets of circumstances:
- If they suspect that an arrestable offence has been
committed is being committed, or is about to be committed.
- If they have a statutory4 power of arrest (most
statutory powers of arrest without warrant were repealed5 by
the Act).
- If one of the general arrest conditions is satisfied.
- If they wish to fingerprint a convicted person.
An arrestable offence is one which carries a sentence
of at least five years imprisonment. This includes murder,
burglary, theft, criminal damage, rape, and unlawful possession
of drugs. The Act also extends arrestable offences to include,
for example, taking a motor vehicle, going equipped for theft,
indecent assault on a female, corruption and smuggling6.
Specific serious arrestable offences are treason, murder,
manslaughter, rape, kidnapping, incest with a girl under the age
buggery7 with a boy under the age of 16, and indecent assault
which constitutes gross indecency.
In the case of serious arrestable offences the police
have the power to: set up road blocks; search for evidence;
14
detain a suspect for more than 24 hours and up to a maximum
of 96 hours without charge; hold a suspect incommunicado 8
and deny access to a solicitor for 36 hours (a juvenile is still
entitled9 to have an appropriate adult informed of the
detention); take non-intimate samples without the suspect’s
consent (eg. hair).
The statutory powers of arrest for certain offences
include:
- offences under the Public Order Act 1986;
- some offences under the Prevention of Terrorism Act;
- trespass10 under the Criminal Law Act 1977;
- offences under the Immigration Act 1971.
The general arrest conditions give the police the power
to arrest for offences which are not automatically arrestable. If
there are reasonable grounds for suspecting a person, the police
may arrest him or her if any one of the following conditions
applies:
- the suspect’s name is not known and can not be found
out;
- the given name is believed to be false;
- the suspect has failed to supply an address or has not
supplied an address which is satisfactory for serving a
summons11.
- it is believed that arrest is necessary to prevent the
person causing injury to self or others, suffering injury, causing
loss or damage to property, committing an offence against
public decency, unlawful obstruction of the highway, or to
protect a child or other vulnerable person from the suspect.
A person can be arrested for fingerprinting if the
following conditions apply:
• the person has been convicted of a recordable offence,
that is, one defined in regulations;
• the person was never in police detention for the
offence and fingerprints were not taken;
15
• within one month of conviction the person was asked
to go to a police station to be fingerprinted and had not done so
within seven days.
The police in all investigations should maintain a
schedule12 of all material, meaning not only documents, but
also articles and information, including material held on
computer. A list of items which are expected to be included in
the schedule should consist in:
• interview notes and audio-visual tape recordings;
• draft13 witness statements;
• statements taken from potential witnesses;
• crime reports;
• custody records and associated documents;
• other documents or other material containing a
description of the suspect;
• any other material of information which the police
officer considers to be relevant and helpful.
VOCABULARY
16
13) draft = plan; proiect; schiţă
COMPREHENSION CHECK
17
incapable, misinterpretation, promises
18
manner.
5. robbery E. the taking of the life of one human by
another human; fatal traffic accidents will
not be included.
6. theft F. the use of force, fear or threat to
illegally detain or deprive a person of
her/his liberty.
7. drug dealing or G. sexual intercourse against the will of
possession one of the parties
8. trespassing H. the use of force, fear or threat to take
the property of another from a person in
possession or control of the property.
19
2) Puterile poliţiei fac în momentul de faţă obiectul a
nenumărate schimbări.
3) Incendierea în scopuri criminale este considerată o
infracţiune la fel de gravă ca şi furtul.
4) Textele privitoare la arestările fără mandat urmează a
fi modificate.
5) Poliţia îl va interoga pe suspect mâine dimineaţă.
6) De fiecare dată când i se pune o întrebare, se face că
n-a auzit şi n-a văzut nimic.
7) Acest inspector este veşnic pe cale să ceară
percheziţiile la domiciliu chiar şi când nu este necesar.
8) În Anglia, amprentele digitale se iau la comisariat.
9) Violul este delict care atrage o pedeapsă de cel puţin
cinci ani.
10) Cifra în creştere a delictelor penale în România
începe să îngrijoreze autorităţile.
VII. Discussion/Essay:
FOCUS ON GRAMMAR
MODAL VERBS
can ; could
20
We could understand most of what he said.
I could speak French quite well when I was at
school.
“can not” or “could not” express something
impossible:
You can’t get to London on time, there is a strike.
You couldn’t go on trips abroad ten years ago.
“could” + “have” + “past participle” expresses
unfilled opportunity:
I could have booked an earlier flight, but it left at 7
a. m.
“couldn’t” + “have” + “past participle” expresses a
past impossibility:
He couldn’t have had any engine trouble.
21
II. Fill in the banks with CAN(’T)/COULD(N’T) +
the right infinitive form of the verb:
22
6) Although we tried hard, it was impossible for our
company to get that contract signed.
7) He didn’t manage to understand what she meant.
8) It wasn’t possible for us to lock the door yesterday
morning; we had lost our keys.
23
UNIT 3
TRIBUNALS
24
role. However government departments have a general
influence over decision making, so administrative tribunals
may not be regarded as pure court substitutes. Another question
is whether the tribunals should make law. The answer is no,
only the decisions of the courts of law may be regarded as
binding law. In practice, tribunals have a strong tendency to
follow their previous decisions and these decisions are
regularly reported.
Essentially, the tribunals have been set up to relieve6 the
over-burdened court system of work which may be dealt with
in a less formal way by experts in the particular field. Solicitors
and barristers are being appointed as chairmen of the tribunals
and their work is growing as the public becomes more aware of
them. It this way tribunals provide a speedier and more expert
alternative to the court system.
VOCABULARY
1) to set up = a înfiinţa
2) assembly = adunare
3) rent = chirie, închiriere; rentă
4) tenant = arendaş; chiriaş, locatar
5) adjudicative = de adjudecare
6) to relieve = a uşura, a elibera
COMPREHENSION CHECK
25
4) Which is the main task of the Council on Tribunals?
5) How many kinds of tribunals are there under the
Council’s jurisdiction? Speak about them.
6) Why have the tribunals been set up?
7) Who are appointed as chairmen of the tribunals?
• barrister • notary
• solicitor • to take oath
• counsel • to outlook
• judge • attorney general
• prosecutor • litigious advocacy
26
injury, damage to property, or interfere
with the right of a person to travel freely
or be secure from harm.
7. counterfeited G. any act which does or is likely to
documents cause a breach of peace or public order
8. grievous assault H. any offence involving the
transportation or possession of goods,
with the intent to cross, or having crossed
the border or boundary of a province or
of a country.
upon, on, by, at, of, in, over, to, under, against, with, for
27
V. Translate into English:
verb noun
compensation
to settle
to foresee
application
to dismiss
solution
to allege
approval
to injure
28
to allow
FOCUS ON GRAMMAR
PASSIVE VOICE
ACTIVE PASIVE
The government raised Interest rates were raised by
interest rates by 1% 1% .
29
Our supplier is shipping the The goods are being shipped
goods next week next week
We can arrange a loan within A loan can be arranged
six days within six days
30
6) They have closed fifty retail outlets over the last
year.
7) The Accounts Department may not authorise this
payment.
8) One of our best young designers created this line.
9) Our department has discovered a promising new
drug.
10) He was asking me some difficult questions.
31
e) Cases had been heard by a judge sitting with a jury.
f) Appeals may be heard in the High Court.
g) All trials at quarter sessions are held with a jury.
h) The ordinary civil actions will be heard by the
County Court.
i) In England magistrates are appointed by the Lord
Chancellor.
j) In Ireland the police have been controlled by an
Inspector General.
32
UNIT 4
COMMON LAW
33
England in contradistinction to local law and custom which
varied from area to area.
After the Norman conquest it was William’s successors
who managed to diminish4 the opportunity for corruption
among their officials by creating a more centralized and
specialized form of government. This was achieved in part by
the delegation of royal judicative power to itinerant ‘justices’,
organized on ‘circuits’, who would travel round the country
holding sittings5 (Assizes) to hear and settle6 cases waiting to
be tried in the country towns and enforce7 the king’s rights.
At the same time as this development of the itinerant
courts was taking place, the impetus8 for more efficient and
effective government created three static, royal courts located
at Westminster: the Court of Exchequer9, specialized in royal
finance; the Court of Common Pleas, which had jurisdiction in
ordinary litigation; and the Court of King’s Bench which had
jurisdiction over all ’wrongs’ with the Court of Common Pleas
and had an appellate10 and supervisory jurisdiction over all
royal justice. The jurisdiction of these courts was extended
until what had originally been an exceptional jurisdiction
becoming common to the whole kingdom. The law created by
this jurisdiction was therefore known as ’the common law’.
The third and most modern use of the term ’common
law’ comes into opposition to the notions of ’equity’ and
‘statute law’. The common law means the rules, standards and
principles created by the judges which are not equity. Lawyers
must simply learn what the rules at common law are and what
the rules in equity are. In many situations the rules overlap11
and although the rules in equity will prevail12, it is of great
importance that the lawyer be aware of what the positions is
both at common law and in equity.
VOCABULARY
34
2) equity = drept natural; lege nescrisă
3) widespread = răspândit; întins
4) to diminish = a diminua; a micşora, a slăbi
5) sitting = şedinţă, adunare, întrunire
6) to settle a case = a soluţiona, a rezolva un caz, o
cauză
7) to enforce the rights = a valorifica drepturi
8) impetus = imbold, impuls
9)Court of Exchequer = Curtea Ministerului de Finanţe
(în Anglia)
10) appellate (jurisdiction) = jurisdicţie de apel
11) to overlap = a suprapune; a coincide în; a întretăia
12) to prevail = a predomina; a triumfa
COMPREHENSION CHECK
35
2. There is substantial identity ____________ many
points ___________ the Scottish system and those of the rest
________ Britain.
3. The sources _________ law also include a large
amount ___________ unwritten or common law gathered
_________ numerous decisions _________ the courts.
4. Central responsibility ____________ the
administration to _________ the judicial system lies partly
________ the Home Secretary.
5. The police system is organized __________ a
number ____________ separate forces linked _________ local
Government and subject _________ the influence and control
___________ the Home Secretary.
36
the influence of any intoxicating
substance.
4. trafficking in D. any offence relating to the speed of
person operation of a motor vehicle.
5. licensing, permit E. any incident involving the unlawful
and local discharge of a firearm.
ordinance
violations
6. speeding F. the theft of a passenger vehicle, truck,
bus or other vehicle intended for use
transporting persons or goods upon the
roadway.
7. improper G. violation of any local ordinance,
registration permit or licensing requirements
established by local authorities.
8. driving under H. any offence relating to false, altered,
the influence forged display or exhibition of documents
evidencing the registration of a motor
vehicle..
37
7) La intrarea în Marea Britanie, ofiţerul de la imigrări
recomandă ca să nu se depăşească perioada permisă de şedere
în ţară.
8) Deşi parlamentul votează legile, judecătorii sunt cei
care le aplică, ţinând cont şi de specificul cazurilor.
9) Dacă el ar fi mărturisit totul de la început, vina lui ar
fi fost mai mică.
10) În caz că este arestat, suspectul are dreptul să
consulte un avocat.
38
conduct of a prosecutor or judge that hinders the fairness of a
trial to the extent that the outcome is adversely affected is in
violation of the defendant’s right of due process. The efforts of
the prosecutor and the court should be directed toward fairness
and justice.
FOCUS ON GRAMMAR
MODAL VERBS
39
I. Patrick and Susan are colleagues attending a
conference. Complete the dialogue. Use “must”, “mustn’t”
or “have to”:
Patrick: Well, it’s been good talking, but I’m really tired
now, and I must go end get some sleep.
Susan: Really? ………… you go so soon? Let’s have
another drink at the bar.
Patrick: No, really. I ………… If I stayed for another
drink, I know I’d be useless tomorrow. And I
………… start work at 6.00 in the morning.
Susan: At 6.00?! Why do you ………… start so early?
Patrick: Because my head of department wants me to run
a breakfast seminar, and I still have some
preparation to do – I …………. make any
mistakes!
Susan: Why ………… the seminar ………. so early?
Patrick: I don’t know. Stupid, isn’t it?
Susan: The things we …………… do for this company!
I think we all work far too hard!
40
8. Mr. Barton …………. cook his own meals next week
because his wife will be away.
9. You ………… see this film. It’s really very good.
41
4) Ieri dimineaţă a trebuit să mă duc după cumpărături
pentru că aveam musafiri la cină.
5) Nu crezi c-ar trebui să te duci la doctor dacă nu te
simţi bine?
6) De ce ai cumpărat fructe? Am luat trei kilograme de
mere, nu mai trebuia să cumperi şi tu.
7) E nevoie să arăt legitimaţia de serviciu ori de câte ori
vin în această instituţie?
8) Mike nu răspunde la telefon. Probabil că a plecat
foarte devreme de acasă.
9) Trebuie să predau proiectul de diplomă înainte de
sfârşitul săptămânii.
10) N-a fost nevoie să-i traduc articolul fiindcă ştie bine
englezeşte.
42
UNIT 5
EQUITY
43
them was (and is) to the effect that “he who comes to equity
must come with clean hands”. This rule will apply whenever
the plaintiff7 is relying upon an equitable right, but not
necessarily when he is relying on a common law right. To say
that a particular right is an equitable right means that all the
subsidiary rules of equity apply to it. On the other hand, a
particular right is to be interpreted in a common law
atmosphere, leaving out of account such equitable rules as
apply only to equitable rights.
Although the rule is that when law and equity conflict,
equity prevails, there is always the possibility that a litigant
who relies on an equitable rule may for some reason find
himself outside the limits of that equitable rule and when this
happens the contradictory common law rule, which may
generally seem to be a dead letter, becomes very much alive.
Courts of equity also developed early in the United
States, but in the late 19th and early 20th centuries most U. S.
courts similarly abolished the distinctions between actions at
law and suits in equity and fused8 their administration in one
procedural system, with but one civil action, in the same court.
Modern equity has been much assisted by legislation. The old
notion that equity protects only property rights has been
virtually abandoned. Now an employee9, for example, can be
barred from competing10 with his employer after discharge or
resignation. An injunction may now be had, where other
factors of appropriateness permit, against threatened injury to
interests of personality, such as civil liberties, privacy,
reputation and domestic relations
VOCABULARY
44
5) injunction = ordonanţă, hotărâre judecătorească
6) to supersede = a înlocui; a (se) substitui
7) plaintiff = reclamant (într-un proces civil; parte
vătămată într-un litigiu civil)
8) to fuse = a se contopi, a fuziona
9) employee = angajat, salariat
10) to compete with = a concura, a intra în competiţie
COMPREHENSION CHECK
• injunction • liable
• forfeiture • hereditary peerage
• appeal • mens rea (lat)
• breach of the law • remedy
45
• to move a motion • prima facie (lat)
46
1) Acuzatul trebuie să fie condamnat la închisoare pe
viaţă, întrucât a comis un omor.
2) Infractorii sub vârsta de 21 de ani pot fi trimişi la
instituţii de reeducare.
3) S-ar putea ca el să fie nevinovat.
4) Întrucât el doreşte să mai lase o parte din averea sa şi
unei alte persoane, el trebuie să adauge o clauză în testament.
5) Inculpatul trebuie să plătească reclamantului o
amendă mare întrucât i-a avariat grav maşina.
6) S-a instituit procedură judiciară împotriva şoferului
vinovat.
7) Judecătorul i-a impus inculpatului să plătească
amendă plus cheltuielile de judecată.
8) Ca urmare a atacului comis asupra unui om de către
cei doi tineri, s-a emis mandat de aducere în faţa instanţei a
celor vinovaţi.
9) După audierea tuturor martorilor, juriul a început
deliberările.
10) În Marea Britanie sindicatele protejază interesele
angajaţilor prin negocierea salariilor cu organizaţiile patronilor.
47
on the conformity of legislation and on other official actions to
constitutional norms.
FOCUS ON GRAMMAR
REPORTED SPEECH
49
a) “These shoes are too small. I am returning them to
the shop and I hope I will be refunded”, said my aunt.
b) “I have just opened a savings account. I want to go
to Bahamas next summer”, my friend said.
c) “You must take out a mortgage. We can no longer
share this tiny flat ”, their parents said.
d) “Can I buy oil and sugar on credit? My husband will
only get the unemployment benefit next week” asked the house
wife.
e) “I won’t pay the bill. It’s simply a rip-off”, said the
customer.
f) “Why did they sell this wonderful painting at such a
small price? ” asked Mrs. Smith.
50
a) El spunea că dacă pleacă imediat o să ajungă acasă
înainte de miezul nopţii.
b) Mi-a spus să-l scuz dacă va întârzia puţin.
c) Ea spunea că a trecut o săptămână şi jumătate de
când a venit în oraşul acesta.
d) Spera că dacă totul va merge bine va pleca în iunie.
e) Mi-a spus ieri că astăzi împlineşte 30 de ani.
f) Mi-a scris că se află la Cluj de două săptămâni.
g) Ea mi-a spus că vor pleca la mare de îndată ce
discută cu cumnatul lor.
h) L-am întâlnit pe stradă, dar n-am putut sta de vorbă
cu el fiindcă mi-a spus că e foarte grăbit.
i) El ne-a întrebat de câte ori am fost în străinătate.
j) Mi-a spus că dacă va citi cartea până luni mi-o va
înapoia chiar în ziua aceea.
51
UNIT 6
52
way as that in which the previous case was decided. In the
latter case the precedent is said to be “binding”. A court which
is inferior in authority to another court is obliged to follow a
court of superior authority if called upon to decide upon facts
similar to facts already tried by the superior court. On the
criminal side of the Court of Appeal the Court could depart7
from its previous decisions “in the interest of justice”. On the
civil side it may depart from its previous decisions in three
situations: when there are two earlier conflicting decisions;
when the Court’s earlier decisions cannot stand with a
subsequent decision of The House of Lords; and when the
Court’s earlier decision was given per incuriam8. These
exceptions of the rule of stare decisis underline the fact that,
although the rules of precedent are important in English law,
they are not as important as the judge’s obligation. The judges
have a field of choice in making their decisions, they rest their
judgements upon the general principles exercised in case law
as a whole.
Customs are social habits, patterns of behaviour, which
all societies seem to evolve. Custom is not solely9 important as
a source of law, for even today some customary rules are
observed in their own right and they command almost as much
obedience as rules of law in that their observance10 is not
enforced by the organs of the State. In modern times most
general customs have either fallen into desuetude or become
absorbed in rules of law.
The European writings of legal authors form an
important source of law. In England, in accordance with the
tradition that the law is to be sought in judicial decisions, their
writings have in the past been treated with comparatively little
respect. They have been cited in court, rather by way of
evidence of what the law is than as independent sources from
which it may be derived.
53
VOCABULARY
COMPREHENSION CHECK
54
a) accident personal injury
b) defective equipment
c) dangerous driving
d) impeding
e) riot
f) road block
g) booting
55
b) The principle of local self-government shall be
recognised in domestic legislation.
c) Public responsibilities shall be exercised by those
authorities which are closest to the citizen.
d) Allocation of responsibility to another authority
should weigh up the extent and nature of the task and
requirements of efficiency.
e) Powers given to local authorities may not be
undetermined, or limited by another central or regional
authority.
56
1) În Marea Britanie nu există numai un singur organ al
legii.
2) În ce priveşte diferenţele dintre sistemul juridic
scoţian şi cele din restul Marii Britanii, acestea sunt mai
extinse.
3) O trăsătură comună tuturor sistemelor juridice din
Marea Britanie este aceea potrivit căreia sursele de drept includ
legislaţia,precum şi o mare cantitate de cutumă (unwritten law)
care provine din numeroasele hotărâri ale instanţelor de-a
lungul timpului sau din alte surse.
4) Majoritatea urmăririlor penale în Anglia sunt
conduse de către poliţie, dar punerea sub acuzare este de
competenţa procurorului public.
5) Este necesar ca avocaţii să caute toate informaţiile
relevante pentru cazul respectiv la poliţie.
6) Fiecare acuzat are dreptul să apeleze la un avocat
pentru apărare.
7) Dacă acuzatul nu poate să-şi permită să angajeze un
avocat pentru apărare, atunci i se acordă asistenţă juridică pe
cheltuiala publică.
8) La începutul secolului curţile de apel au fost obligate
să-şi respecte judecăţile precedente.
57
in a brief, general statement (a ’general indorsement’) or in a
full statement (a ’special indorsement’). If the writ contains
only a general indorsement and the defendant wishes to contest
the case, a full statement of claim will become a necessary part
of the pleadings which will follow in due course.
FOCUS ON GRAMMAR
CONDITIONALS
Type 1
a) possible, probable/real condition referring to
something which may or equally may not
happen:
58
If Clause Main Clause
Past Tense/Past Subjunctive I Present Conditional
59
c) I would think of some ways to encourage my staff to
be helpful.
d) I would give them bonuses for extra hours.
60
7) Dacă aş fi observat accidentul, aş fi notat numerele
maşinilor.
8) Cum ai reacţiona dacă ai afla că firma lui va da
faliment?
9) Câinele meu latră întodeauna dacă aude vreun
zgomot neobişnuit.
10) Kate ar fi învăţat încă două ore, dacă ar fi ştiut că
examenul fusese amânat.
11) Dacă mâine aş avea zi liberă, aş pleca în excursie la
munte.
12) Dacă aş fi ştiut că faceţi comerţ cu această firmă de
atîţia ani, aş fi luat legătura cu voi imediat.
61
UNIT 7
62
The upper House of Parliament, the House of Lords,
still constituted on a hereditary basis, is of minor importance;
the lower House, the elected House of Commons, is the focus
of political attention. The political arm of the executive branch
of government is recruited from and located within Parliament,
and the Cabinet is collectively ‘responsible’ to Parliament in
general and the House of Commons in particular. A
Government would either have to resign or go to the country if
it were to forfeit8 the support of a majority in the Commons.
Because of the structure of modern British political
parties, and the operation of the electoral system and certain
constitutional rules the Government is normally able to
command parliamentary support for the implementation of
almost any policy that it is in practice likely to adopt. The
Government has indeed to be responsive9 to parliamentary
opinion, as well as to the weight of opinion in the electorate at
large, but one must not imagine that it is in any real sense a
delegate or agent of Parliament. Parliamentary government is
not governed by Parliament. The Government governs in and
through Parliament. At the same time, it would be erroneous to
speak in terms of ‘Cabinet dictatorship’. A Government
operates within a complex network10 of constraints restricting
its freedom of manoeuvre.
The constitutional principles, rules and practices of the
United Kingdom have never been codified. They derive from
statute law, from common law, and from conventions of the
constitution, which are not laws at all, but political practices
which have become considered as indispensable to the smooth
working of the machinery of government.
VOCABULARY
63
3) dichotomy =dihotomie, diviziune cu două părţi
4) to pervade = a cuprinde; a pătrunde (în)
5) cumbersome = obositor, incomod, greoi
6) omnicompetence = împuternicire deplină
7) pliability = pliabilitate, flexibilitate
8) to forfeit = a pierde prin confiscare
9) responsive = înţelegător; corespunzător
10) network = reţea
COMPREHENSION CHECK
1. demonstration 5. deportation
2. missing person 6. civil disputes
3. natural or accidental death 7. domestic disputes
4. suicide
64
B. the official government action of expelling a person from a
country or from a province
C. the assembly of more than two with a common purpose
without causing death, injury or property damage
D. family disputes in which there is absolutely no criminal
conduct
E. cases of persons who intentionally terminate their lives
F. the report that a person’s location is unknown and, should
reasonably be known; this report must be made by a
responsible party
G. deaths reported to the police that are caused by natural body
functions or by unintentional but legal actions
65
• assent • to take precedence
• to hold office • misconduct
• adjournment • to be empowered
• to reverse a sentence • to vest
• liability • retirement
66
6) Judecătorul a hotărât că tânărul infractor să fie trimis
la o şcoală de reeducare.
7) Pot fi jurisconsulţi absolvenţii facultăţilor de ştiinţe
juridice.
8) Funcţia juraţilor este de a declara dacă acuzatul este
vinovat sau nevinovat.
FOCUS ON GRAMMAR
UNCOUNTABLE NOUNS
67
Eg. - substances, materials: water, air, oil, coffee,
money, steel, food, electricity.
- abstract ideas: freedom, progress, health,
trouble, fun.
- activities: sleep, music, work, football,
research
- human qualities/feelings: sadness, respect,
courage, honesty, patience.
The following nouns are uncountable in English:
advice, business, cash, furniture, health, homework, luggage,
machinery, money, accommodation, traffic, weather.
A few uncountable nouns and in –s: athletics,
diabetes, economics, gymnastics, measles, news, politics.
Uncountable nouns cannot be counted directly;
however, we can count them using phrases like: a piece of, a
bit of, an item of, a cup of, a glass of, a bottle of, a kilo of, a
barrel of etc:
eg. a piece/two pieces of advice
a bottle/two bottles of water
a bit/two bits of information
a kilo/two kilos of rice
an item/two items of news
a barrel/two barrels of oil.
Singular or Plural?
Some singular nouns can be followed by either a
singular verb or a plural verb: army, audience,
board, committee, family, group, management,
staff, team, union:
eg. The company is/are doing very well at the
moment.
Some nouns have only a plural form and take a
plural verb:
eg. clothes, contents, earnings, expenses, feelings,
goods, police, scissors, remains, surroundings, trousers.
68
I. Underline the correct words:
69
8) The news about the closure of the company
…………… really depressing.
9) How much money …………… left in your account?
70
2.She bought some cloths/clothes to have a few
dresses made.
h) 1. The manager has asked us to collect the
figures and submit him the statistic/statistics.
2. Students have passed their exams in
statistic/statistics.
71
Acoperişurile caselor erau acoperite cu zăpadă. 15) A cumpărat
câteva gâşte. Îţi place carnea de gâscă? 16) Turiştii au întâlnit
câteva căprioare. 17) De ce se pune petrol în lampă? 18) Pâinea
aceasta este proaspătă, aceea este veche. 19) Dacă încălzeşti
ceara, ea se înmoaie. 20) Oamenii aceştia sunt din nord.
UNIT 8
72
Winchester and 21 senior bishops of the Church of England.
The main function of the House of Lords is to bring the wide
experience of its members into the process of law-making.
The House of Commons is elected by universal adult
suffrage and consists of 650 members of Parliament (MPs).
General elections are held after a Parliament has been
dissolved and a new one summoned6 by the Queen. When an
MP dies or resigns or is given a peerage7, a by-election8 takes
place.
For electoral purposes the United Kingdom is divided
into constituencies9, each of which returns one member to the
House of Commons. Elections are by secret ballot. British
citizens and citizens of other Commonwealth10 countries,
together with citizens of the Irish Republic, may vote provided
they are aged 18 or over, resident in the United Kingdom,
registered in the annual register of electors for the constituency
and not subject to any disqualification.
People not entitled to vote include members of the
House of Lords, patients detained under mental health
legislation, sentenced prisoners and people convicted within
the previous five years of corrupt or illegal election practices.
The Representation of the People Act 1985 extends the
franchise11 to British citizens abroad for a period of five years
after leaving the United Kingdom and extends the right to
apply for an absent vote to all those who cannot reasonably be
expected to vote in person at the polling12 station. A
candidate’s nomination for election must be signed by two
electors as proposer and seconder, and by eight other electors
registered in the constituency. He or she does not require any
party backing. A candidate must also deposit £ 500, which is
forfeited if his or her votes do not exceed 5 per cent of those
validly cast.
VOCABULARY
73
1) to abide by = a respecta, a se conforma (unei legi,
unui regulament)
2) to reassemble = a re-convoca o întrunire
3) royal assent = acordul regal; consimţământul
4) brass = ofiţeri superiori
5) peer = pair, nobil
6) to summon = a convoca
7) peerage = rang de pair; pairii, Lorzii Regatului
8) by-election = alegere locală/parţială
9) constituency = circumscripţie electorală; corp
electoral
10) Commonwealth = republica engleză, statul englez
11) franchise = privilegiu, scutire; concesiune
12) polling station = centru de votare
COMPREHENSION CHECK
74
d) Who undertake the judicial duties of the House?
e) What does the House of Commons consist of?
f) When does a by-election usually take place?
g) What are the basic requirements for someone
wishing to vote in a United Kingdom election?
h) Is the system different from the one in our country?
1. ballot A. sufragiu
2. by-election B. loc, fotoliu
3. constituency C. a demisiona
4. to be entitled to vote D. alegeri (legislative) parţiale
5. franchise E. circumscripţie electorală
6. to lose/forfeit one’s F. scrutin
deposit G. a avea drept de vot
7. party baking H. a condamna
8. to poll I. birou electoral
9. polling station J. prin procură
10. by proxi K. drept de sufragiu
11. to resign L. a obţine/primi voturi
12. seat M. a-şi pierde cauţiunea/garanţia
13. sentence N. susţinerea unui partid
14. suffrage
Romanian English
totuşi, cu toate acestea
however
moreover
aşadar, în consecinţă
75
therefore
pe când, în timp ce
unless
în consecinţă, prin urmare
aşa încât
in order to
76
5) Tribunalul Primei Instanţe, care va trata cazurile
minore, nu există decât de câteva luni.
6) Guvernele verifică deja legislaţia europeană şi sunt
suspicioase cu privire la modul de scrutin.
7) Parlamentul va vota luna viitoare amendamentele la
Actul din 1987.
8) Patrioţii pretind că Marea Britanie nu ar trebui să se
plieze în faţa legilor europene şi nici în faţa exigenţelor Curţii
Europene.
VIII. Discussion:
77
FOCUS ON GRAMMAR
RELATIVE PRONOUNS
78
1) They promoted the manager …………………...
sales team was most successful.
2) Do you know ……………… Catherine works for?
3) The consultant, ……………... seems very young, is
speaking to Martin.
4) I can’t remember …………. I invited to the meeting.
5) The contract ……………. you showed me before
was different to this one.
6) Your colleague, …………… I met this morning, had
the same opinion.
7) I don’t remember …………….. I spoke to when I
called yesterday.
8) It’s difficult to say ……………. this fax was sent by.
9) The manual ……………….. they sent explains
everything.
10) The customer ……………… company I visited is
phoning this afternoon.
79
III. Combine the following pairs of sentences by
means of relative pronouns: who, what, which, whose, that
making any necessary changes. Some relative pronouns can
be omitted.
80
3) Cui dorea să-i plătească Petre?
4) Mi-a spus cui a dat cartea.
5) Tot ceea ce mi-a spus m-a impresionat profund.
6) El este un scriitor ale cărui opere sunt bine
cunoscute.
7) Tom poartă o haină care este prea largă pentru el.
8) Revista pe care mi-ai împrumutat-o este foarte
interesantă.
9) Fata pe care tocmai aţi întâlnit-o este nepoata mea.
10) Băiatul care a aruncat piatra va fi pedepsit.
11) Acesta este omul căruia i-am dat pachetul.
12) E acelaşi volum pe care mi l-ai dat săptămâna
trecută.
13) Bibliografia pe care mi-ai recomandat-o m-a ajutat
mult să-mi fac lucrarea singur.
14) Înotul, care este un sport minunat, face oamenii
puternici şi sănătoşi.
81
UNIT 9
LEGAL PROFESSIONS
82
system which covers the whole country, but even the federal
system itself is decentralized to a significant degree.
In England there are two distinct kinds of legal
advisors: barristers4 and solicitors5, whereas America has one
professional status of lawyer, attorney or counsel. The English
bar is exceedingly small profession. There are today about
5,300 practicing barristers which is only about one-tenth the
number of practicing solicitors.
An important factor that strengthens the cohesiveness6
of this tightly knit profession is that the majority of barristers
practice in London and nearly all have chambers7 in a very
limited number of areas. The English bar is almost the
apprenticeship8 for becoming a judge. Senior barristers
appearing daily in court become so acquainted with the role of
the judge that they can move from bar to bench9 overnight,
doffing10 the role of advocate and adopting that of judge.
The disappearance of the civil jury means that oral
argument in English Courts tends today to encourage skill in
arguing strict points of law in a way which matches the
approach of English judges. The English barrister acts as a
filter through whom assertions and arguments have to be made.
In this respect, he is not just a hired retainer11, but a public
official with important responsibilities for the working of the
legal system as a whole.
According to the American Bar Foundation Research
Study released in 1985, there are more than 675,000 lawyers in
America. About two thirds of all American lawyers are in
private practice, with some ten per cent in government service.
Unlike an English barrister who is a specialist in advocacy but
a generalist in law, many American lawyers are likely to
specialize in a narrow area, and may have little sense of the
general values and ideas influencing judges in other areas.
Unlike English barristers, most American lawyers do not
regularly appear before judges anyhow, and those who do,
found themselves before a wide variety of judges, state and
83
federal, trial and appellate. Like judges, lawyers in America are
often more political than awyers in England, and in a variety of
ways they play a larger role in the formulation of policy.
The prosecutor, who performs the function of trial
lawyer for sovereignity has extensive resources at his disposal
for investigation and preparation purposes. He is not at liberty
to distort or misuse this information. He must disclose
information tending to relieve the accused of guilt. The efforts
of the prosecutor and the court should be directed toward
fairness and justice. But it is as much his duty to refrain from
improper methods calculated to produce a wrongful conviction
as it is to use every legitimate means to bring about a just one.
VOCABULARY
COMPREHENSION CHECK
84
c) How do the American judges operate?
d) What factor really strengthens the cohesiveness of
the English legal advisors?
e) How does the English barrister act like?
f) What is the difference between an English barrister
and an American lawyer?
g) What is a prosecutor?
h) What way should a prosecutor’s efforts be directed
towards?
• to caution • treason
• bail • tax evasion
• to submit • to squash a decision
• adviser • levy
• under arrest • chattels
1. Intestate succession
2. A fine
3. Tenants in Chief
4. Tenure of land
5. The Assizes
6. Appellate jurisdiction
7. Forfeiture
8. An itinerant court
9. First instance jurisdiction
10. Equity.
A. Ownership of property
B. A court that moves from town to town
85
C. Loss of property or a right as a result of an offence.
D. The law concerning the transmission of a dead
person’s estate to the beneficiaries when no will has been
drawn up.
E. Norman noblemen given their land directly by the
king.
F. The power of a court to hear and judge a new case.
G. A system of law complementary to the common law.
H. A sum of money that an offender must pay when
ordered to do so by a legal authority as a punishment for the
offence.
I. Sittings of courts presided over by judges who would
travel around the country.
J. The power of a superior court to review the decisions
of an inferior court.
86
tried – committed a crime – accused – interrogated –
charged – paroled – arrested – thought about committing a
crime – interrogated –sent to prison – convicted – arrested –
suspected.
87
assessing the amount of the reduction or supplementary award,
but in no case will its amount exceed two weeks pay.
FOCUS ON GRAMMAR
DETERMINERS
88
eg. Each of the parcels needs a label.
- each can be used after the subject, or at the end of a
sentence:
The parcels each need a label.
or The parcels need a label each.
both, either, neither
- we use both, either and neither to refer to two
things..
• both means “the one and the other”:
Both emails/Both the emails/Both of the emails/Both
of them are important.
The emails are both important. I’ve read them both.
• either means “the one or the other”. Neither means
“not the one or the other”:
Monday or Tuesday? Yes, either day/either of the days
is fine.
Monday or Tuesday? I’m sorry, but neither day/neither
of the days is convenient.
89
9) Not one/Not no question has been answered.
10) The key account managers each/every have their
own list of clients.
11) There were none/no messages on the answering
machine.
12) O K, I think that covers all/everything on that point.
Shall we move on?
90
12) You’ve been six of the best trainees that we’ve ever
had on this course. The best of luck to ………………….. of
you in your future careers.
91
c) Atât poliţia cât şi ofiţerul de la imigrări pot aresta un
suspect care a comis o infracţiune legată de imigrare.
d) Oricine îţi poate da un asemenea sfat.
e) Nici şoferul şi nici conducătorul camionului nu au
fost vinovaţi.
f) Anul acesta noi studiem atât Dreptul Civil cât şi
Dreptul Penal.
g) Mi-a cerut nişte plicuri, dar n-am avut nici unul.
h) Infractorul va fi ori amendat, ori condamnat la un an
închisoare.
i) Nici Peter şi nici Jane nu au făcut progrese în studiul
limbii engleze.
j) Regretăm cu toţii timpul fericit al studenţiei noastre.
k) Atât Robert cât şi Dan au obţinut note bune la
examen.
l) În vara aceasta el vrea să facă o excursie în Franţa ori
în Italia.
92
UNIT 10
EUROPEAN LAW
93
European Court of Human Rights in Strasbourg. EEC member
states have no treaty obligation to accept rulings of the World
Court or of the European Court of Human Rights. All
community countries are also members of the Council of
Europe and have chosen to recognise the jurisdiction of its
court in human-rights cases.
No member country has refused to accept a ruling of
the European Court of Justice on a large issue of principle. In
some instances, however, they have dithered5 for a long time
before complying. France delayed opening its market to
imports of mutton and lamb from Britain to protect its own
high-cost producers for several months after a court
condemnation. Four years later Britain put into practice a
ruling that it should accept imports of long-life milk from the
continent (mainly France).
When France delayed applying its ruling, the court
came under pressure to issue a second condemnation under its
emergency procedures. The court’s refusal to do so was at first
seized upon by some British commentators as evidence of the
court bowing6 to political pressure. But its reasoning-that to
issue a second ruling would devaluate the validity of the first-
was widely accepted as wise.
The same reasoning prevailed when the idea of penal
sanctions to back up7 court decisions was rejected by EEC legal
experts looking into reforms of the Treaty of Rome designed to
help speed the 1992 project along. The reforms, in the shape of
the 1987 Single European Act, created a junior court, to ease
the workload in Luxembourg. This court, called Court of First
Instance, will deal with minor cases and is due to begin work
later.
The most important cases concern the respect by EEC
countries of their treaty obligations and, for private companies-
the application of Community competition and trade policy.
American multinationals turn to the court if they feel the
94
commissions have fined them unfairly for breaches of EEC
antitrust8 law.
The new rules resulting from the Single European Act
and the 1992 project will add to the court’s work. EEC legal
experts complain privately that the act, which was drafted9 in
less than six months, contains a number of ambiguities and
even contradictions. The court will no doubt have to sort some
of them out. It will also be called upon more and more by
national courts for rulings on how they should apply the
growing number of EEC rules. And it will have to arbitrate in
cases where member-states contest some of the Community’s
new powers. Governments are carefully checking each major
item of 1992 legislation to see whether it requires a majority
vote or a unanimous one in the Council of Ministers or whether
the EEC is competent to decide at all. Britain is being
particularly vigilant.
VOCABULARY
COMPREHENSION CHECK
95
• to act indecisively • due process
• complaint • pursuant to
• to yield • assault and battery
• punishable • to threaten
• executive • thereby
96
A. have sometimes to be enforced by threatening penal
sanctions
B. are always accepted by member countries
C. tend to be biased in favour of the French
D. are always implemented immediately and without
question.
4) The Court of First Instance
A. was created to take some of the work pressure off
the court in Strasbourg.
B. will handle trade policy for private sector companies.
C. will deal only with staff disputes among Eurocrats.
D. was created because of the growth in the number of
cases.
5) The Court of Justice.
A. may well have to arbitrate on cases that arise as the
result of a hastily drafted act.
B. will have less work now because of Britain.
C. has received less criticism recently out of deference
for its growing powers.
D. is composed of exactly the same number of judges
from each member country.
97
• to bring in a verdict of guilty/non guilty = a pronunţa
un verdict sau o decizie de achitare/condamnare (de către
juriu).
98
portofelul şi m-am gândit “Probabil că l-am lăsat în cameră la
hotel.” M-am întors la hotel unde noul locatar al camerei de
hotel mi-a înapoiat portofelul. Acest domn nu era nimeni
altcineva decât dumneavoastră în persoană. Cunoaşteţi
pedeapsa pentru mărturie mincinoasă?
VIII. Discussion:
99
FOCUS ON GRAMMAR
GERUND OR INFINITIVE?
100
4. Would you mind ……………….. (cover) me while
I’m on leave?
5. Susan avoided ………………. (upset) her boss about
that issue although she was right.
6. Have you ever considered …………….. (emigrate)?
7. The negotiating team threatened ………………..
(break off) talks until December.
8. They denied ………… (get) involved in such illegal
transactions.
9. We refused ……………… (accept) the terms of the
contract because they were incomplete.
10. Mike risked …………….. (borrow) a large sum of
money with the aim of setting up his own business.
101
j) The law requires that all the cars should be
regularly tested for safety and efficiency.
102
k) Aş prefera să nu-i spui lui Jim despre noua mea
slujbă.
l) Te-am văzut traversând strada, dar nu te-am văzut
urcând în autobuz.
m) Te sfătuiesc să mai aştepţi puţin înainte să accepţi
această slujbă.
n) Jane se plânge că nu are pe nimeni cu care să discute.
o) El a insistat să mă ajute, deşi îi tot spuneam că mă
descurc.
UNIT 11
103
another State; - between Citizens of different States; - between
Citizens of the same State claiming lands under Grants3 of
different States, and between a State, or the Citizens thereof4,
and Foreign States, Citizens or Subjects.
(2) In all cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a state shall be a
Party, the Supreme Court shall have original jurisdiction. In all
the other cases before mentioned, the Supreme Court shall have
appellate Jurisdiction, both as law and fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
(3) The Trial of all Crimes, except in cases of
impeachment5, shall be by Jury; and such trial shall be held in
the state where the said Crimes shall have been committed; but
when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by law have directed.
(…) section 3 (1) Treason against the United States,
shall consist only in levying6 War against them, or in adhering
to their Enemies, giving them Aid7 and Comfort. No person
shall be convicted of Treason unless on the Testimony of two
witnesses to the same over Act, or on Confession in open
Court.
The Congress shall have Power to declare the
Punishment of Treason, but no Attainder8 of Treason shall
work Corruption of Blood, or Forfeiture except during the life
of the Person attained. Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise
thereof; or abridging9 the freedom of speech, or of the press.
No person shall be held to answer for a capital, or
otherwise infamous crime unless on a presentment10 or
indictment11 of a Grand Jury, except in cases arising in the land
or naval forces, or in the Militia12, 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
104
against himself; nor be deprived13 of life, liberty, or property,
without due process of law; nor shall private property be taken
for public use, without just compensation.
VOCABULARY
COMPREHENSION CHECK
• expedient • appropriate
• to rely on • to appoint
• to assume • to refrain from
• default • promptly
• vested in • to occur
• incidental • duty
105
II. Fill in the blanks with the correct word:
106
5) clearance e) magistratură, instanţă de judecată
6) to trample f) anchetă, urmărire judiciară
7) to summon g) libertate supravegheată
8) adjournment h) a încălca
9) assent i) şedinţă a tribunalului
10) challenge j) a convoca
1) If he is guilty, _______________________________
2) There would have been a car accident if __________
3) He would be sent to prison if ___________________
4) If the criminal were caught, ____________________
5) He would have been granted bail if ______________
6) If the negotiations break down, _________________
7) The heat would be unbearable if ________________
8) If he had not damaged the man’s car so badly, _____
9) The trade unionists will refer the dispute to
arbitration if __________________
10) If you had not made so many mistakes, __________
• to • to • to state
perceive develop • to
• to qualify • to rely maintain
• to retrieve • to • to
• to specify describe
authorize • to • to quote
• to amend • to declare
conclude • to
initiate
107
1) Conform dreptului European o societate ar trebui să
aleagă între trei opţiuni.
2) Până în prezent, conducerea şi muncitorii n-au putut
să se pună de acord asupra sistemului de adoptat.
3) Comisia europeană a trebuit să modifice articolele cu
privire la participarea muncitorilor.
4) Acest proiect de lege ar fi putut fi adoptat în 1970.
5) Este posibil ca multe întreprinderi să aleagă dreptul
european mai degrabă decât propriul lor sistem juridic.
6) Crearea unei societăţi după normele dreptului
European s-ar putea să devină chiar obligatorie.
7) În consecinţă, ar fi necesară o curte constituită din 19
judecători.
8) Regatul Unit şi-a modificat mult politica monetară în
cursul ultimelor patru luni.
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companies, and must ensure that there is no conflict between
their public duties and private interest.
FOCUS ON GRAMMAR
109
The last means “ultimul, final” e. g. Shakespeare’s last
play was “The Tempest”.
110
10) N-am văzut niciodată un om mai grăbit.
111
UNIT 12
112
2. You may point out what difficulty the mistake has
caused to you. A reference to the reputation of the firm may
help your complaint in being taken into consideration more
sympathetically.
3. You should ask to have your complaint investigated
and specify what action you want the supplier to take: you as
buyer, are entitled to refuse any goods that are not in
accordance with your order, except as the result of alterations5
made in agreement with your supplier.
4. You should not use warnings of cancellation or
threats of legal action too liberally. Try to reach an amicable
adjustment.
Replies to Complaints
On receiving a complaint, you, as vendor, should
decide whether it is well-founded or not. Then you must write a
reply to the complaint. If the complaint is well-founded, you
will first admit the error and offer a sincere apology assuring
your correspondents that you are taking measures to avoid the
recurrence of such a mistake. If you feel that the complaint is
unfounded you should carefully explain why his complaint
cannot be accepted and endeavour to convince him that he is
wrong.
Legal Problems
In small firms, matters such as legal action to be taken
in the case of non-payment of debt, default in carrying out a
contract or a dispute of any kind, are dealt with by the secretary
on the instructions of, and after discussion with the directors. In
larger firms, they are handled by the Accounts Department6,
also after discussion with the directors, who will not act
without the advice of the firm’s solicitors.
Non-fulfilment of Contract
The failure by one party to a contract to perform his
part is called a breach of contract. Breach of contract may be
by: renunciation, making performance impossible or merely
failing to perform his part. The aggrieved7 party may either sue
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for damages or apply to the court for specific performance of
contract.
Damages
Damages are the estimated reparation in money for
injury sustained. The court awards nominal damages as an
acknowledgement of a breach, even if no loss has been
incurred, while for actual loss suffered it awards substantial
damages. The party breaching a contract shall be under an
obligation to take all required steps to mitigate8 the loss that
has taken place, providing that he can do so without undue9
inconvenience or cost.
Penalties10
Penalties are round sums which are stated in the
contract (penalty clause) and must be paid by any party
breaching the contract, but they should not be an attempt to
assess the possible damage.
Customarily, they may be stated in the contract by the
way of compensation where it is difficult to estimate damages
in advance.
Bribery
Bribery and kickbacks11 have become common practice
in former communist countries. The spread of democracy may
itself create new incentives for corruption, given the need to
fund political parties and election campaigns.
If Third World countries are often blamed for the
spread of corruption, developed nations must take their share of
the responsibility and blame, as the corruptors are also
corporations fighting for contracts in military supplies, aircraft,
civil works and communications.
Today, international bodies are beginning to take steps
to curb corruption, and the World Bank has instituted rules that
empower it to investigate corruption complaints and to
blacklist12 companies and governments guilty of large scale
corruption.
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VOCABULARY
COMPREHENSION CHECK
115
1) malpractice
2) plea-bargaining
3) to subpoena
4) estoppel
5) defalcation
6) escrow
7) due course of law
8) case-law
a) course of proceedings that must comply with the law
of the land and allow the defendant to benefit from all the legal
procedures and protection aimed at providing a fair trial.
b) the entrusting of money, goods or a document to a
third party pending fulfilment of some condition.
c) a legal system – such as the British or US ones –
based on rules and principles acted on by judges in giving
decisions in previous cases.
d) neglect of professional duty, unethical or illegal
professional conduct.
e) changing one’s plea by agreeing to confess to a lesser
crime against the promise that the sentence will be lighter than
the one for the main crime one is initially prosecuted for, but
without clear evidence.
f) a legal principle whereby one is prevented from
alleging something he or she has previously denied or vice
versa.
g) to order someone to appear in a law court, for
instance to summon a witness to court. It is also used in the
sense of demanding that documents should be presented or
surrendered.
h) the improper appropriation of funds in one’s keeping
but does not involve the notion of fraud.
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• to adjourn • extenuating
• to bequeth circumstances
• breach of trust • felony
• to bring an action • to go to law
against smb. • jail delivery
• claimant • maliciously
• concealment • probate
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5) Conform actului de acuzare, ei au conspirat pentru
prelungirea acreditivului fără garanţie.
6) Nu există nici o clauză (prevedere) pentru pagubele
produse prin foc.
7) El a fost achitat din lipsă de probe.
8) El nu este recidivist şi ar fi trebuit eliberat pe
cauţiune.
9) Părţile vor încerca să ajungă la o soluţionare
amiabilă a tuturor dificultăţilor care pot apărea din sau în
legătură cu prezentul contract.
10) După acest termen, vom înainta problema juriştilor
noştri.
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VIII. Comment on the proverbs:
“Everybody’s business is nobody’s business.”
“Few words to the wise suffice.”
FOCUS ON GRAMMAR
EXPRESSING FUTURE
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c) What time does your train/will your train leave?
d) We can’t send the goods until we’ve received/we
will receive a firm order.
e) We shall be repaying/shall have repaid the bank
loan by November.
f) I was going to write/was writing to them, but I
forgot.
g) When the contract is/will be ready, I’ll let you know.
h) Will we/Shall we break for coffee now?
i) Sorry, I can’t speak now, I’ll just have/I’m just about
to have a meeting.
j) Don’t forget to turn off the lights before you are
leaving/ you leave.
II. Fill in the gaps with the correct form of the verbs
in the brackets to express future:
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c) Mary _______ (cook) dinner by the time her husband
comes back home.
d) By seven o’clock he _____ (get) home for a half an
hour.
e) She said she ______ (not, sing) at the next concert.
f) In a fortnight’s time we _____ (take) our exam.
g) Peter said he ______ (ski) in the mountains at that
time on Sunday.
h) You ______ (listen) to this song this time tomorrow?
i) I _______ (finish) may work when you come back
from New York
j) Boys _____ (be) boys!
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IRREGULAR VERBS
122
17. to break broke broken = a sparge, a rupe,a sfarâma
18. to breed bred bred = a creşte, a educa, a naşte, a regenera
19. to bring brought brought = a aduce, a produce
20. to build built built = a clădi, a construi, a făuri
21. to burn burnt /burned burnt /burned =a arde, a praji, a calcina, a
ataca
22. to burst burst burst = a rupe a izbucni, a exploda.
23. to buy bought bought = a cumpăra
24. to cast cast cast = a arunca, a turna, a (se) mula
25. to catch caught caught = a prinde, a capta, a (se) bloca.
26. to chide chid (chidden) chid = a mustra, a certa a se plânge
27. to choose chose chosen = a alege, a selecta
28. to cleave cleft /clove cleft /cloven = a (se)despica, a scinda, a
separa.
29. to cling clung clung = a se ţine strâns de
30. to come came come = a veni, a ajunge
31. to cost cost cost = a costa
32. to creep crept crept = a (se) târâ, a aluneca.
33. to cut cut cut = a tăia, a secţiona.
34. to dare dared /durst dared /durst = a îndrăzni
35. to deal (with) dealt dealt = a se ocupa (cu) trata, a repartiza
36. to dig dug dug = a săpa, a excava.
37. to do did done = a face
38. to draw drew drawn = a desena, a schiţa, a atrage.
39. to dream dreamt/dreamed dreamt/dreamed =a visa, a-şi închipui.
40. to drink drank drunk = a bea.
41. to drive drove driven = a pune în mişcare, a conduce.
42. to dwell dwelt dwelt = a locui, a rămâne, a insista.
43. to eat ate eaten = a mânca, a coroda.
44. to fall fell fallen = a cădea, a da la rebut
45. to feed fed fed = a alimenta, a hrăni, a aprovizion
46. to feel felt felt = a (se) simţi, a testa
47. to fight fought fought = a combate, a (se) lupta
48. to find found found = a găsi, a descoperi, a explora / constata
49. to flee fled fled = a fugi, a dispărea, a se scurge, a evita
50. to fling flung flung = a lansa, a arunca, a izbucni, a se năpusti
51. to fly flew flown = a zbura, a lansa, a se înălţa, a se intinde
52. to forbid forbade forbidden = a interzice, a opri
53. to forget forgot forgotten = a uita
54. to forgive forgave forgiven = a ierta
55. to forsake forsook forsaken = a părăsi
56. to freeze froze frozen =a îngheţa, a congela a refrigera, a
solidifica
57. to get got got = a obţine, a primi, a deveni, a
ajunge
58. to give gave given = a da, a acorda, a transmite, a aviza, a
preda.
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59. to go went gone = a merge, a funcţiona, a circula, a rula
60; to grow grew grown = a se mări / dezvolta. a creşte, a deveni
61. to hang hung hung = a suspenda, a atârna, a aşeza receptorul.
62. to have (to have to) had had = a avea, a poseda, a obţine, a trebui să.
63. to hear heard heard = a auzi, a asculta, a audia
64. to hew hewed hewed/hewn = a ciopli, a tăia,
65. to hide hid hidden = a ascunde
66. to hit hit hit = a lovi, a ciocni, a izbi, a da o lovitură
67. to hold held held = a ţine,a reţine, a bloca, a opri, a fixa.
68. to hurt hurt hurt = a răni, lovi, a avaria, a strica
69. to keep kept kept = a ţine, a reţine, a menţine a întreţine
70. to kneel knelt knelt = a îngenunchia
71. to knit knit knit = a înnoda, a împleti, a tricota, a îmbina
72. to know knew known = a cunoaşte, a şti
73. to lay laid laid = a pune, a aşeza, a întinde
74. to lead led led = a conduce, a avansa a comanda,
75. to lean leant/leaned leant/leaned = a înclina, a apleca, a se sprijini
76. to leap leapt/leaped leapt/leaped = a sări, a sălta
77. to leave left left = a părăsi, a pleca, a ceda, a lăsa în urmă
78. to lend lent lent = a împrumuta, a acorda. a împărtăşi
79. to let let let = a lăsa, a permite
80. to lie lay lain = a consta din, a zace, a se afla, a fi
81. to lose lost lost = a pierde
82. to make made made = a face, a fabrica, a produce, a conecta
83. to mean meant meant = a vrea să spună, a se referi la, a intenţiona.
84. to meet met met = a întâlni, a intersecta, a satisface (cerinţe)
85. to mow mowed mown = a cosi
86. to pay paid paid = a plăti, a achita, a cinsti a onora
87. to put put put = a pune, a aşeza
88. to read read read = a citi, a face lectură
89. to rend rent rent = a sparge, a rupe
90. to rid rid rid = a elibera, a debarasa
91. to ride rode ridden = a călări, a călători
92. to ring rang rung = a suna, a telefona, a încercui
93. to rise rose risen = a (se) ridica/urca, a izvorî, a răsări
94. to run ran run = a alerga, a curge, a rula, a conduce.
95. to saw sawed sawn = a tăia cu ferăstrăul
96. to say said said = a spune, a afirma
97. to see saw seen = a vedea, a înţelege, a consulta.
98. to seek sought sought = a căuta, a cerceta
99. to sell sold sold = a vinde
100. to send sent sent = a trimite, a emite
101. to set set set = a pune, a stabili, a monta, a regia, a ajusta.
102. to sew sewed sewn = a coase
103. to shake shook shaken = a bate, a scutura, a vibra
104. to shear sheared shorn = a tăia, a mărgini, a tivi, a forfeca, a tunde
105. to shed shed shed = a arunca, a difuza, vărsa,
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106. to shine shone shone = a sclipi, a străluci
107. to shoe shod shod = a potcovi, a încalţa
108. to shoot shot shot = a împuşca, a filma
109. to show showed shown = a arata, a manifesta
110. to shrink shrank shrunk = a se contracta, a se strânge, a intra la apă.
111. to shut shut shut = a include
112. to sing sang sung = a cânta, a fluiera, a şuiera
113. to sink sank sunk = a (se) scufunda
114. to sleep slept slept = a dormi
115. to slide slid slid = a aluneca, a glisa
116. to sling slung slung = a arunca, a lansa
117. to smell smelt smelt = a mirosi
118. to smite smote smitten = a izbi
119. to sow sowed sown = a planta, a semăna
120. to speak spoke spoken = a vorbi, a enunţa
121. to speed sped sped = a accelera, a grăbi
122. to spell spelt spelt = a scrie literă cu literă, a silabisi
123. to spend spent spent = a cheltui, a consuma, a petrece, a
întrebuinţa
124. to spill spilt spilt = a vîrsa, a împrăştia, a risipi, a turna,
125. to spin spun spun = a centrifuga, a toarce, a roti, a presa
126. to spit spat spat = a rosti, a scuipa
127. to split split split = a scinda, a despica, a frânge, a despărţi.
128. to spread spread spread = a întinde, desfăşura, răspândi, acoperi.
129. to spring sprang sprung = a sări, a izvorâ, a se arcui, a se trage
130. to stand stood stood = a rezista, a sta (vertical), a suporta, a se ridica
131. to steal stole stolen = a fura, a se strecura
132. to stick stuck stuck = a (se) lipi, a se fixa
133. to sting stung stung = a înţepa, a răni
134. to stink stank stunk = a mirosi urât
135. to strew strewed strewn = a aşterne, a presăra, a împrăştia
136. to stride strode stridden = a păşi cu paşi mari
137. to strike struck struck-stricken = a lovi, a izbi, a atinge.
138. to string strung strung = a înşira, a lega, a întinde, a încorda
139. to strive strove striven = a se strădui, a se lupta
140. to swear swore sworn = a jura
141. to sweep swept swept = a baleia, a explora, a străbate, a mătura
142. to swell swelled swollen = a (se) umfla, a creşte a (se) ridica
143. to swim swam swum = a înota, a pluti
144. to swing swung swung = a oscila/balansa, a pendula/legăna
145. to take took taken = a lua, a capta, a necesita
146. to teach taught taught = a preda, a învaţa pe cineva
147. to tear tore torn = a rupe, a smulge
148. to tell told told = a comunica, a relata, a spune
149. to think thought thought = a reflecta, a gândi, a crede, a socoti.
150. to thrive throve thriven = a prospera, a-i merge bine, a reuşi
151. to throw threw thrown = a arunca, a deplasa a devia,
125
152. to thrust thrust thrust = a împinge, a înfige a apăsa
153. to tread trod trodden = a călca, a rula, a bate (un drum)
154. to understand understood understood = a înţelege, a deduce
155. to wake waked/woke waked/woken = a (se) trezi, a stârni
156. to wear wore worn = a uza (prin frecare), a toci, a purta
157. to weave wove woven = a ţese, a urzi
158. to weep wept wept = a curge/picura, a plânge.
159. to win won won = a tăia, a extrage, a recupera, a câştiga
160. to wind wound wound = a învârti, a răsuci, a bobina
161. to wring wrung wrung = a stoarce, a răsuci, a smulge
162. to write wrote written = a scrie, a înregistra
163. to broadcast broadcast broadcast = a transmite, a difuza
164. to grind ground ground = a măcina
165. to learn learnt learnt = a învăţa (ceva)
166. to light lit lit =a aprinde,a lumina
167. to shed shed shed = a vărsa
168. to shave shaved shaven = a se barbieri, a tunde
169. to sit sat sat = a sta jos, a se aseza
170. to spoil spoilt spoilt = a strica, a alinta
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