curs engleza anul ii drept

UNIVERSITATEA “NICOLAE TITULESCU”

Învăţământ la distanţă

EnglezăAnul II

Lector univ. dr. Camelia Neagu

CUPRINS

Semestrul I

1. The United States Constitution....................................................3

2. The Future Forms........................................................................6

3. The Constitution as Supreme Law..............................................13

4. The Sequence of Tenses............................................................16

5. The Legal System in the United States.......................................20

6. The Conditional Sentences.........................................................24

Semestrul II

7.The Trial in the United States......................................................28

8.The Passive Voice.......................................................................31 9. Offences against Person (I)........................................................35

10. Nominative + Infinitive and its uses...........................................39

11. Offences against Person (II)......................................................43

12. Final Grammar Exercises..........................................................48

Bibliografie selectivă..........................................................................51

UNIT ITHE UNITED STATES CONSTITUTION

Studiind unitatea veţi fi capabili:

să oferiți informații cu caracter general cu privire la istoricul Constituției Americii

să oferiți informații cu caracter general cu privire la principalele prevederi ale Constituției Americii

să precizați de cine sunt reprezentate cele trei mari puteri în Statul American

The Constitution of the United States sets forth the nation’s fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. The Constitution was written to organise a strong national government for the American States. Previously, the nation’s leaders had established a national government under the Articles of Confederation. But the Articles granted independence to each state. They also lacked the authority to make the states work together to solve national problems.

After the states won independence, they had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. Leading statesmen, such as George Hamilton and Alexander Hamilton, began to discuss the creation of a strong national government under a new constitution.

A convention was called by Congress in 1787 to revise the Articles of Confederation. But a majority of the delegates at the convention decided instead to write a new plan of government – the Constitution of the United States.

The Constitution they framed was ratified by all the States within a few years, but with considerable opposition, which is still in force. The Constitution defines clearly the functions and the powers of the national government. In addition, it establishes protection for the rights of the states and of every individual.

The Constitution consists of a preamble, seven articles and 27 amendments. It sets up a federal system by dividing powers between national and state governments. It also establishes a balanced national government by dividing authority among three independent branches – the

Timp necesar studiului: 60 minute

După parcurgerea acestei unităţi veţi dobândi noţiuni de bază privind istoricul și prevederile principale ale Constituției

Americii.

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executive, the legislative and the judicial. The power is shared in such a way that each branch has a certain authority over the others, a system called checks and balances.

The executive branch enforces the law, the legislative branch makes the law and the judicial branch explains the law. The executive branch is represented by the President, the legislative branch by Congress and the judicial branch by the Supreme Court.

Federal powers listed in the Constitution include the right to collect taxes, declare war and regulate trade. In addition, the national government had implied powers (those reasonably suggested by the Constitution). The implied powers enable the government to respond to the changing needs of the nation. For example, Congress has no delegated power to print money.

There are some powers that the Constitution does not give to the national government or to the states. These reserved powers belong to the people or to other states.

State powers include the right to legislate on divorce, marriage and public schools. Powers reserved for the people include the right to own property and to be tried by a jury.

In some cases, the national and state governments have concurrent powers – that is, both levels of the government may act. The national government has the supreme authority in case of a conflict.

The Supreme Court has the final authority to explain the Constitution. It can set aside any law – federal, state or local – that conflicts with any part of the Constitution.

The first 10 amendments known as the Bill of Rights were proposed on September, 1789 and ratified on December, 1791. Originally, the amendments applied only to the federal government. But the 14th Amendment declares that no state can deprive any person of life, liberty or property without “due process of law”. The Supreme Court has interpreted those words to mean that most of the Bill of Rights applies to the states as well.

Temă propusă pentru autoevaluare:

I.Answer the following questions:

1. What does the constitution of the U.S. set forth?2. Does the U.S. have a written Constitution?3. What had the nation’s leaders established?4. For what purpose did they draw up an entirely new Constitution?5. What does the Constitution clearly define?6. What are the three branches sharing power under the Constitution?7. What does each of them represent?8. What do they mean by implied and reserved powers?9. Who has the final authority to explain the Constitution?

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10. What are the first ten amendments known as and what basic rights do they set down?

II. Fill in the blanks in the text using the words and expressions in the list below. a) restatements e) dissenting opinionb) advisory opinions f) justicesc) opinions of (or for) the court g) bindingd) concurring opinion h) case law

In the USA the (1) _______ of the Supreme Court deliver ruling also called (2)_______. They are the opinions of the majority of the court (or the majority opinions). The Court may also render a minority opinion in the decision of a law case, in which some justice disagree with the majority opinion and explain why. This ruling is called a (3) ______.Some justices may agree with the majority opinion on the legal decision taken, yet they might want to express diverging points of view on minor issues. This ruling is called a (4)__________.Some State Supreme Courts in the United States may deliver (5)_______ on a point of law, a statute, a treaty etc. These opinions are merely persuasive, they are not (6) _____.Practitioners of the law, judges and law teachers have been working (within a private organisation called the American Law Institute) on a systematic compilation of (7) _______ in such areas as the Law of Contracts, Torts, Property etc. The name of this compilation is (8) ________.

III. Translate the following text into Romanian:

“The Bill of Rights or the first ten amendments to the United States Constitution and the Bill of Rights in the various states constitutions are in whole or in large part made up of statements, common law rights, which are inborn, inherent and inalienable and not granted by any Government, according to Anglo-Saxon and American theory. Thus, the American Governments, national or state, are merely added protection to the common law rights, which citizens already possess”. (Adapted from “Concise Dictionary of American History”)

IV. Write a paragraph composition using the following words: lawyer, pleading, justice court, to lie, truth, accord, fact, exact, regarding, reality.

V. Make sentences of your own using the antonyms of the following words: limited, silence, true, serious, permanent, relative.

VI. Give the negative form of the following words, inserting the right prefixes (il-, in-, im-, un-, mis-, dis-): honest, legal, decisive, trial, just, loyal, proper, alienable, proper and judge.

UNIT II THE FUTURE FORMS


să folosiți corect formele de viitor existente în engleză

să sesizați diferențele de nuanță dintre formele de viitor simplu, perfect și continuu,

să identificați situațiile de folosire a timpului prezent (simplu și continuu) pentru exprimarea viitorului

There are several ways of expressing the future in English. The forms are listed below and will be dealt with in order in which they are given.

1. The Simple present 2. Will + infinitive, used for intention3. The Present continuous4. The be going to form5. The “future simple” will/shall + infinitive6. The future continuous7. The future perfect8. The future perfect continuous

1. The SIMPLE PRESENT used for the future This tense can be used with a time expression for a definite future arrangement:

The students start classes on October.I leave tonight.Our new branch opens next week.My plane leaves at six.

2. WILL + INFINITIVE used for intentionWhen we say that a form expresses future with intention we mean that it expresses a future action, which will be undertaken by the speaker in accordance with his/her wishes. Will + infinitive and the be going to form can be used in this way.

is used to express intention at the moment of decision.

eg. The phone is ringing. I’ll answer it.

Will + infinitive


După parcurgerea acestei unităţi veţi dobândi noţiunile de bază privind folosirea corectă a formelor de viitor în engleză.

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Mary (looking at a pile of letters): I’ll answer them tonight.Paul (who is getting fat and tired of paying parking fines): I know what to do. I’ll sell my car and buy a bike.

For unpremeditated actions as above, we must use will (contracted to ‘ll). But note that if after his/her decision the speaker mentions the action again, he/she will not use will, but be going to or the present continuous.

For example:

Mary could say: I’m going to answer these letters tonight. (She hasn’t made any arrangement with anybody);

Paul, similarly, could say: I’m selling the car.

3. The PRESENT CONTINUOUS as a future form

a. The present continuous can express a definite arrangement in the near future:

I’m taking an exam in September.Implies that I have entered for it.

Bob and Bill are meeting tonight.Implies that they have arranged this.

b. But with verbs of movement from one place to another, e.g. arrive, come, drive, fly, go, leave, start, travel, verbs indicating position, e.g. stay, remain and the verbs do and have (food or drink), the present continuous tense can be used more widely. It can express a decision or plan without any definite arrangement.

What are you doing next Saturday?Possible answers:

I’m going to the seaside.I’m not doing anything. I’m staying at home.

I’m going to write letters.

c. This method of expressing the future cannot be used with verbs which are not normally used in the continuous tenses. These verbs should be used into future simple.

I’m meeting him tonight but I shall know him tonight.They are coming tomorrow but they will be here tomorrow.We’ll think it over.

2. The BE GOING TO form Form: The present continuous tense of the verb to go + the full infinitive:

I’m going to buy a new car.Is he going to lecture in English?She is not going to be there.

This form is used: a) for intention

b) for prediction

a. The be going to form used for intention The be going to form expresses the subject’s intention to perform a certain future action. This intention is always premeditated and there is usually also idea that some preparation for the action has already been made:

Be going to form can be used for the near future with a time of expression:e.g. I am meeting Tom at the station at six becomes

I am going to meet Tom at the station at six. This form can also be used with time clauses when we wish to emphasise the subject’s

intention:e.g. He is going to be a lawyer when he grows up.

What are you going to do when you get your degree?

b. The be going to form used for prediction The be going to form can express the speaker’s feeling of certainty. The action is

expected to happen in the near or immediate future:

e.g. Look at those clouds! It’s going to rain.Listen to the wind. We’re going to have a terrible thunderstorm.

It can be used in this way after such verbs as be sure/afraid, believe, think:e.g. How pale that woman is! I/m sure/believe/I think she is going to faint.

3. THE FUTURE SIMPLE

Form:

There is no future tense in modern English but for convenience we often use the term “future simple” to describe the form above.

Affirmative I will/shall work (I’ll) We shall work (we’ll)You will work (you’ll) You will work (you’ll)He/she/it will work (he’ll/she’ll/it’ll) They will work (they’ll)

NegativeI shall/will not work (I shan’t/won’t) We shall not work (we shan’t)You will not work (you won’t) You will not work (you won’t)He/she/it will not work (he, she, it won’t) They will not work (they won’t)

InterrogativeShall I work? Shall we work?Will you work? Will you work?Will he, she, it work? Will they work?

will/shall + infinitive

Negative interrogativeWill not/won’t you work? Etc

Will is used for expressing intention:

I will wait you = I intend to wait you.

Shall is used when there is no intention,i.e. for actions where the subject’s wishes are not involved:

I shall be 25 next week.We shall know the results next month.

I am sure I shan’t lose my way.

Shall, used above, is still found in formal English, but is no longer common in conversation. Instead we normally use Will:

I will be 25 next week.We will know the results next week.I am sure I won’t lose my way.

Shall, however, is still used in the interrogative, in questions tags, in suggestions, in requests for orders or instructions:

Let’s go, shall we?Shall we take a taxi?What shall we do with your mail?

Shall for determination Sometimes public speakers feel that to express determination they need a “heavier” word (not will) and so they say shall:

We shall fight and win.

Shall can be also used in ordinary conversation:I shall be there, I promise you.

Uses of the future simple To express the speaker’s opinion, assumptions, speculations about the future, after such

verbs as assume, be afraid, be/feel sure, believe, doubt, expect, hope, know, suppose, think, wonder:I’m sure he’ll come back.I suppose he’ll sell the house.They’ll probably wait for us.

It is used for habitual actions which we assume will take place:Spring will come again.People will make plans.Birds will build nests.

4. THE FUTURE CONTINUOUS

Form:

Affirmative Negative I/we will/shall be working I/we will/shall not be workingHe/she/it/you/they will be working He/she/it/you/they will not be working

Interrogative Negative interrogativeShall/will I/we be working? Won’t he/she/it/they be working? Etc

Will he/she/it/you/they be working?It is normally used with a point in time and expresses an action which starts before that time and probably continues after it.e.g. On Saturday there are no classes. The students will not be sitting in the classroom. They will be doing other things. This time tomorrow they will be sitting in the cinema.

5. THE FUTURE PERFECT AND THE FUTURE PERFECT TENSE CONTINUOUS

THE FUTURE PERFECT

Form:

It is normally used with a time expression beginning with by: by then, by that time, by the 24 th .

e.g. By the end of next month he will have been here for ten years.By the end of the year I’ll have saved ₤ 600.

THE FUTURE PERFECT CONTINUOUS

Form:

It is used for a continuous action:e.g. By the end of the month he will have been working here for ten years.


I. Use the be going to form in the following sentences:1. You (miss) your train.2. What you (do) with this room? I (paint) the walls in black

and white stripes.3. Look at the clouds. It (rain).4. He (grow) a beard when he leaves school.5. I have seen the play. Now I (read) the book.

the future simple of to be + present participle

Will/shall + perfect infinitive

Will/shall have been + present participle

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6. I don’t like this macaroni. I (not finish) it.7. We (make) a lot of money out of this.8. They (try) him for manslaughter when he comes out of hospital.9. I (stop) here for a moment to get some petrol.10. I’ve lent you my car once. I (not do) it again.

II. Put the verbs in brackets into the present continuous or the future simple using the present continuous where possible:

1. I am sure that I (recognize) him.2. They (lay) the foundation next week.3. He (not write) to you unless you write to him.4. I (believe) it when I see it.5. You pay and I (owe) you the money.6. I’ve left the light on. It (matter?)7. I (have) my car repainted next week.8. You (understand) when you are older.9. There (be) a big meeting here tomorrow.10. If he doesn’t work hard he (not pass) his exam.

III. Put the verbs in brackets into the future continuous tense:1. When you next see me? I (wear) my new dress.2. I (wait) for you when you come out.3. We have to do night duty here. I (do) mine next week.4. This time next month I (sit) on a beach. 5. He (use) the car in this afternoon.6. It’s a serious injury but he (walk) again in six weeks.7. We’d better go out tomorrow because Mary (practise) the piano all day.8. It won’t be easy to get out of the country. The police (watch) all the ports.9. Stand there, they (change) the guard in a minute and you’ll get a good view.10. We (take off) in a few minutes. Please, fasten your safety belts.

IV. Put the verbs in brackets into the future perfect tense:1. In a fortnight’s time we (take) our exam.2. I (finish) this job in twenty minutes.3. By the end of the term I (read) all twelve volumes.4. If we don’t hurry the sun (rise) before we reach the top.5. By the time we get to the party everything (be) eaten.6. The train (leave) before we reach the station.7. By next winter they (build) four houses in that field.8. On 21 October they (be) married for twenty-five years.9. After this performance I (see) Hamlet twenty-five times.10. If I continue with my diet I (lose) 10 kilos by the end of the month.

V. Translate into English using a future form:1. Vei veni la concert în seara aceasta? Dacă vei veni, ne vom întâlni acolo.2. Patronii vor începe negocierile de îndată ce oamenii se vor întoarce la lucru.

3. Veţi semna contractul mâine, nu-i aşa?4. Ce ai de gând sa faci cu toţi banii aceştia? Îi cheltui sau îi depui la bancă.5. Mă întreb dacă îţi va povesti şi despre afacerea pe care o are de încheiat.6. Voi fi foarte încântat să-mi povesteşti despre excursia făcută.7. Am să te anunţ de îndată ce voi vorbi cu directorul.8. Când ai de gând să termini ce ai de făcut?9. Ce ai de gând să faci după ce vei termina şcoala?10. Voi încerca să-l contactez mâine.

VI. Rephrase the second sentence so that it has a similar meaning to the first one:

1. The new lawyer is a trainee for 2 years and then he becomes a full time employee in our law firm.He becomes a full time employee in our law firm after …………………………………

2. She will be interviewing the applicants and I will be recording the interviewee’s answers.She will be interviewing the applicants while I ………………………………………….

3. Join our team for this internship and, if you prove to be fit, we’ll consider hiring you.We’ll only consider hiring you once ……………………………………………………...

4. The evidence will come in and then we’ll be able to analyze them.We’ll be able to analyze the evidence as soon as …………………………………………

VII. Write the verb given in brackets in the correct form (future perfect simple, future continuous or future perfect continuous). Sometimes you can give more than one answer: 1.In five days’ time he ………………… (be) a Prime Minister for two years.2. By the end of this month we …………………… (settle) this litigation.3. The panel of judges ………………………… (wait) in court when the jurors return to pronounce the verdict.4. Who …………. (you/work for) this time next year?5. We suppose the prosecutor ……………….. (already gather) all the pieces of evidence for this case by the end of this week.

VIII. Choose the right answer:1. We would like to inform you the Mrs. Kerouac is to/is about to/is due to replace Joanna as Manager from 1st of February.2. Do we/shall we/will we find out more about the expenses before we decide to organize the conference?3. This time tomorrow our team will have worked/be working/have been working on the project for six months.4. Watch out! You’re getting/are going to get into trouble!

UNIT IIITHE CONSTITUTION AS SUPREME LAW


să sesizați diferențele semnificative existente în ceea ce privește modul de separare și împărțire a celor trei mari puteri în statul american, sesizând particularitățile acestui sistem prin comparație cu cel românesc

The U.S. Constitution calls itself the “supreme law of the land”. The Constitution is the central instrument of American government. For 200 years it has guided the evolution of governmental institutions and has provided the basis for political stability, individual freedom, economic growth, and social progress.

The three main branches of government – executive, legislative, juridical – are separate and distinct from one another. The powers given to each are balanced by the powers of the other two. Each branch serves as a check on potential excesses of the others.

The President represents the country as Head of State but also has real political power. Elections for President are held every four years and no President may own office for more than two terms.

Presidential candidates are chosen by the political parties either through primaries (direct elections) or at state conventions or caucuses (meetings of party representatives), depending on the State.

The Vice President is also elected for a term of four years. He takes the place of the President in case a substitute is needed. The Vice President acts as presiding officer of the Senate without a vote except in case of a tie.

Congress meets once a year in December and continues in session for several months. It consists of two houses: the Senate or the Upper House (to which each state elects two senators for a period of six years) and the House of Representatives or the lower house, which is composed of representatives elected for a term of two years. The number of Representatives form each state is in proportion to the population.

A bill introduced into Congress must be passed by both Houses and signed by the President before it can become law. The President has power to veto undesirable legislation. Bills must not conflict with the constitution.

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După parcurgerea acestei unităţi veţi dobândi noţiuni de bază privind separarea și împărţirea puterilor în statul american, în

conformitate cu prevederile Contituţiei SUA.

The Courts. Federal judges are appointed by the President and finally confirmed by the Senate. The Supreme Court, which is the highest court, has the power to judge whether a law passed by the government conforms to the constitution. The constitution does make provision for the removal of a public official from office, in case of extreme misconduct, by the process of impeachment.

Article II, Section 4 reads: “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors”. As set forth in the Constitution, the House of Representatives must bring charges of misconduct by voting a bill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial.The next amendments deal with the system of justice.


I. Answer the following questions:1. What are the three main branches of government?2. What does the President represent?3. Does the President have any political power?4. How many terms may a President own office?5. Who chooses presidential candidates?6. Who takes the place of the President in special situations?7. Has the Vice President the right to vote in the Senate?8. What are the houses of the Congress?9. When can bills become law?10. Who appoints federal judges?11. What power has the Supreme Court concerning the President?12. What power has the Supreme Court concerning a law passed by the government?

II. Read the following text and then try to translate it without using a dictionary. After that, look for the unknown words ad write them down:

“Things are, of course, very different indeed in the United States. Law and politics are interwoven in a great many ways. Generally, it is widely recognized that law – and especially constitutional law is in its very essence and nature highly political. This is the main reason that the appointment of Supreme Court justices is such a political process, and why Presidents look for judges with whom they are in basic political agreement. Lawyers swarm all over the political scene in the United States.

Many of America’s presidents have been lawyers or trained as lawyers. For many decades, about half the members of both houses of the US Congress have been lawyers and lawyers still hold about 40% of the seats in Congress. State legislatures have for long been dominated by lawyers, though this has been changing for some time. Similarly, lawyers are to be found

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all over the administration, not only in legal capacities, but also as heads and directors of government agencies and other similar bodies. Many of these persons move to, or from the bench”.

(Adapted from Introduction to law and the Legal System)

III. Make sentences with the following antonyms:reversible - irreversibleabolishment - enforcementto fail - to succeednatural - unnaturalto carry out - to ceaselegal - illegal

IV. Use the following words to fill in the blank spaces:

drugs, murders, larceny, crime, handguns, auto thefts, rape, burglar, watch

a) When Americans are asked what they consider to be the most important problems, they mention ________ first.

b) Inside the Americans’ houses there are many electronic ______ devices.c) The escalating murder rate has been attributed to the _______.d) _______ and _______ are almost always reported, whereas _______ and ______ may

remain silent.e) Many communities across USA have started their own campaigns against ______.f) Citizens participate in neighborhood _______ programs and organize groups to patrol

the streets.

UNIT IVTHE SEQUENCE OF TENSES


să folosiți în mod corect concordanța timpurilor în limba engleză, semnalând diferențele existente între engleză şi română

să evitați folosirea greșită a timpurilor în fraze, respectând regulile de concordanță

A sentence can contain a main clause and one or more subordinate clauses. Below you will have examples containing the right tenses used in the main and subordinate clauses:

MAIN CLAUSE SUBORDINATE CLAUSE

I. PRESENT TENSE PRESENT PERFECT TENSE

e.g. He thinks I’ve just told her II. FUTURE TENSE

e.g. I shall post the letter The clerk will weigh the parcel

III. PAST TENSE

e.g. I worked so hard

He saw

Any tense required by the sense of the subordinate clause.

it will rain tomorrow I’ve worked for five hours

PRESENT (used for simultaneous actions in future)PRESENT PERFECT TENSE (used for a previous action in future)

I go to the Post Officehe has wrapped it

PAST TENSE (used for simultaneous actions in past)PAST PERFECT TENSE (used for actions that happened before another action in past)FUTURE IN-THE-PAST

I was already tired

he had made a mistake

THATAFTERWHEN

that

that

when

after

that

that

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După parcurgerea acestei unităţi veţi dobândi noţiunile de bază privind folosirea corectă a concordanței timpurilor în limba

engleză.

I hoped he would finish the report by tomorrow.


I. Change the verbs in the main clause into the past tense. Make all the necessary changes:

1. Everybody is sure that, after his father’s return, he will not lag behind and will study much better.2. I know that they have already been in the mountains.3. She is going to find out whether other people want to spend their holidays in the woods.4. She says she bought this useful dictionary two days ago.5. I don’t think they have already come back from the railway station.6. It is sure it is going to rain.7. They say they will ring up when they reach Constanta.8. I don’t think we have ever met before.9. George says he will not come to the appointment.10. She says that she will go for a walk after she has finished her homework. II. Put the verbs in the required tense:

1.They asked me where you (to be), and I told them you (to go) for a walk along the river.2.They said they (to wait) till you (to come) back.3.She was born here and before she met me, she (to leave) never the place.4.We were doing what we could to help them but they (to listen to) never us.5.I wanted to ask him what (to happen) but I knew beforehand what answer he (to give).6.Tom (to know) Mary a long time before he finally (to get) married.7.When we (to go) to see them last night, they (to do) grammar exercises; they (to say) they (to do) that since six o’clock.8.You never (to understand) what I (to explain) to you! Why you (not to listen) while I (speak) to you?9.I never (to read) a book that (to interest) me so much as the one I (to read) last week.10.By the end of last year he (to read) four Shakespeare plays , and by next year he (to read) two more. I (not see) him since last week, but I (to believe) he (to write) on essay on King Lear at present.

III. Use the verbs in brackets in the correct tense according to the rule of the sequence of tenses.

1. A café in England (to be) a place where light meals (but not beer, wine etc) may be had.2. So far no agreement (to reach) by the committee of our company.3. I am confident such mistakes (to avoid) in the future.4. This method (to use) for many years, it (to be improved).5. She (to say) that these old buildings soon (pull down).6. Solar eruptions (to observe) at astronomical stations for many years.

that

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7. Since 1973 this phenomenon (to study) by scientists all over the world.8. He (to tell) me that he always (to have) trouble with his car these days.9. I (to do) some last-minute shopping before I went to the airport.10.The letter (to arrive) while I (to have) breakfast.

IV. Complete with the appropriate verb:

1. The writer____ a few lines, but we didn’t understand a word. a) reads; b) read; c) is reading; d) reading

2. Tom lent me a book. I ____ a book from Tom.a) lent; b) borrowed; c) took; d) stole

3. John is in Italy. How long _________ there?a) is he; b) has he been; c) has he; d) was he

4. He calls at every house in the street. He _____ everyone.a) shouts at; b) calls; c) cries out as; d) visits

5. The thieves wanted to ____ the diamonds.a) rob; b) steal; c) take from; d) take to

6. I looked for my bag. I ____ it.a) tried to look after; b) tried to look at; c) tried to find; d) tried to see

7. Our bookcase is kept in the living room. That’s where we ___ ita) kept; b) have kept; c) are keeping; d) keep

8. I will enjoy my stay here. It will ____me.a) amuse; b) enjoy; c) laugh at; d) please

9. She ___ out of the window and saw it was raining.a) looked; b) saw; c) remarked; d) watched

10. “No parking” means ______a) don’t leave your car here; b) without parking; c) don’t stop; d) there’s no room to park here.

V. Translate into English

1.Eu cred că ea nu se va întoarce în ţară până la sfârşitul lunii august.2. Mi-a spus ieri că a vrut să trimită părinţilor săi o scrisoare recomandată.3. Mi-a spus că i-a plăcut cartea pe care i-am împrumutat-o şi i-o va da şi soţului ei ca s-o citească.4. Spune că are de gând să facă o excursie în Spania dar pentru moment nu are banii necesari.5. Directorul ne-a comunicat că nu intenţionează să anuleze întrunirea de la ora două.6. A sperat că te va putea vedea astăzi dar n-a ştiut că vei întârzia aşa de mult şi nu te-a mai putut aştepta.7. Mi-a spus că n-a fost niciodată în China dar acum s-a hotărât să meargă acolo pentru o lună.8. După ce se va întoarce de la cursurile de vară, sper că va termina şi articolul pentru revistă.9. Nu şi-a putut aminti unde îşi pusese ochelarii.10. Nu-mi imaginez ce va spune când o să-i dau aceste veşti neplăcute.11. Ai de gând s-o aştepţi până se întoarce?12. Traducerea era deja terminată când a venit colegul meu de birou să i-o ducă directorului.

UNIT VTHE LEGAL SYSTEM IN THE UNITED STATES


să enumerați tipurile de instanțe judecătorești din SUA

să sesizați diferențele generale dintre sistemul judiciar american și cel românesc

“The judiciary is the safeguard of our liberty and of our property under the Constitution” – Charles Evans Hughes, Chief Justice of the U.S. Supreme Court, Speech at New York, 1907.

This third branch of the government consists of a system of courts spread throughout the country, headed by the Supreme Court of the U.S.

From the beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts and two courts of special jurisdiction.

The Supreme Court is the highest court of the United States and cannot be appealed to any other court. Congress has the power to fix the number of judges sitting on the Court. The nine Supreme Court judges, who are appointed by the president and approved by the senate, can be removed from the office only by impeachment. There is no requirement that judges be lawyers, although, in fact, all federal judges and Supreme Court justices have been members of the bar.

The Supreme Court consists of a chief justice and eight associate justices. The Chief justice is the executive officer of the Court but, in deciding cases, has only one vote, as do the associate justices.

A significant amount of the work of the Supreme Court consists of determining whether legislation or executive acts conform to the Constitution.

FEDERAL AND STATE COURTS. There are two kinds of courts in the U.S.1. Federal courts which are established by the U.S. government. There are some 1.500 federal court judges who are appointed for life by the President. About on million cases are brought each year in federal courts. About 80% of these cases are bankruptcy filings and approximately 10% are minor criminal cases.2. State Courts are established by a state or by a county or city within the State. There are almost 30.000 state curt judges. The cases individual citizens are most likely to be involved in include

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După parcurgerea acestei unităţi veţi dobândi noţiuni generale cu privire la sistemul judiciar american.

robberies, traffic violations, broken contracts and family disputes. State judges hold office for ten years and are usually elected, or confirmed in office by election.

TYPES OF FEDERAL COURTSThere are three types of federal courts: District courts, Courts of Appeals, the Supreme Court.

DISTRICT COURTS. Congress has divided the country into 94 federal judicial districts, each with its own U.S. district court. These are federal courts where cases are tried, witnesses testify and juries serve.

COURTS OF APPEALS. Congress has grouped the districts into 12 regions called circuits, each with a court of appeals. There is also a federal circuit, which covers the entire county. If a person loses a trial in district court, that person can appeal the case to the court of appeals to see if the district court judge applied the law correctly. The courts of appeals also review cases decided by some federal agencies, such as the National Labor Relation Board.

THE SUPREME COURT in Washington D.C. is the most famous federal court. Cases from court of appeals in each circuit and from the state supreme courts can be appealed to the Supreme Court.

FEDERAL COURT CASES

JURISDICTION refers to the kind of cases a court is authorized to hear. Federal court jurisdiction is limited to the kinds of cases listed in the Constitution (Article III, Section 2). Federal Courts hear cases involving the Constitution, laws passed by congress, cases in which the United States is a party, cases involving foreign diplomats and some special kind of cases, such as incidents at sea and bankruptcy cases. Federal courts also hear cases that are based on state laws but involve parties from different states.

CIVIL CASES. A party, in a civil case, can be a person or a corporation, but, in either situation, a civil involves a claim by one party (the plaintiff) that another party (the defendant) failed to carry out a legal duty (the duty not to harm others through carelessness or the duty to honor the terms of a contract). In case the defendant failed to carry out a legal duty, the court may order the defendant to pay compensation to the plaintiff to make up for the harm. Most federal court cases are civil cases, such as equal employment claims, claims for benefits, and suits against companies that may have violated federal antitrust laws.

CRIMINAL CASES. In a criminal case, a party (the defendant) is accused of committing a crime – an action considered to be harmful to society as a whole, not just to a specific person. Most crimes concern matters that the constitution leaves to the states. Federal criminal laws, for example, deal with robbing banks, importing drugs illegally into the country, or using the U.S. mail to swindle consumers. In our next unit we shall discuss about bringing a case, even if it is civil or criminal, in federal court.

Temă propusă pentru autoevaluare:I. Answer the following questions:

1. What is the structure of the judiciary in the USA?2. Which is the highest court of the United States?3. How many Supreme Courts judges are there in the U.S. and by whom are they appointed?4. Which are the two kinds of courts in the US?5. How long do federal judges hold office?6. What cases do state judges hear?7. Which are the types of federal courts?8. What do district courts hear?9. When can a person appeal a case?10. What does a civil case involve?11. What is the defendant accused of in a criminal case?12. Give examples of federal criminal laws.

II. Translated into English: ARTICOLUL 126 (Constitutia Romaniei)(1) Justiţia se realizează prin Înalta Curte de Casaţie şi Justiţie şi prin celelalte instanţe judecătoreşti stabilite de lege.

(2) Competenţa instanţelor judecătoreşti şi procedura de judecată sunt prevăzute numai prin lege.

(3) Înalta Curte de Casaţie şi Justiţie asigură interpretarea şi aplicarea unitară a legii de către celelalte instanţe judecătoreşti, potrivit competenţei sale.

(4) Compunerea Înaltei Curţi de Casaţie şi Justiţie şi regulile de funcţionare a acesteia se stabilesc prin lege organică.

(5) Este interzisă înfiinţarea de instanţe extraordinare. Prin lege organică pot fi înfiinţate instanţe specializate în anumite materii, cu posibilitatea participării, după caz, a unor persoane din afara magistraturii.

(6) Controlul judecătoresc al actelor administrative ale autorităţilor publice, pe calea contenciosului administrativ, este garantat, cu excepţia celor care privesc raporturile cu Parlamentul, precum şi a actelor de comandament cu caracter militar. Instanţele de contencios administrativ sunt competente să soluţioneze cererile persoanelor vătămate prin ordonanţe sau, după caz, prin dispoziţii din ordonanţe declarate neconstituţionale.

III. A contract of employment comes into existence as soon as a job offer is accepted whether that offer is oral or in writing. It is easier for both parties if the offer of employment is in writing to prevent disputes at a later date.

Below is an extract from a skeleton contract of employment for a full time employee. Complete the text using the words/phrases listed in the box:

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commencing salary, date of commencement, duties and responsibilities, grievance, holiday entitlement, position, probationary service, terms and conditions

1. You have been appointed to the position of administrative assistant.2. Your______ will be detailed in the attached job description, but this Job Description should not be regarded as exclusive or exhaustive. There will be other occasional duties and requirements associated with your appointment.3. Your specific ________________ of your continuous service with this company is 1st January 2004.4. Your specific _____ are contained in the Employees’ Handbook issued by the company, as well as, in existing collective agreements negotiated by the company.5. Confirmation of your appointment will be subject to your satisfactory completion of 3 months___________.6. Your ___________ is ₤ 20,000 per annum, paid monthly. Overtime is not payable.7. Your ________ entitlement is 30 days in any calendar year.8. If you have a ____________ relating to your employment, you should refer to the complaints procedure outlined in the booklet attached.

IV. Fill in the blanks with the missing words:employees, negotiating, associations, employers, legislation, requiring, providing, disputants, settlement, arrangements, arbitrators, conciliation, regulation

1. Britain’s trade unions are voluntary ____ of ___ meant to protect the salaried people’s interests.2. They do this by ______ wages and other terms of employment with _____ organizations but also by _______ certain benefits.3. As regards the _____ of disputes, the _____ may call in independent conciliators or ____________, either by some special ________ or by asking the Secretary of State for ________ some help.4. The role of the State is limited to providing a __________ and _________ service for the __________ of minimum wages.

V. Use the following words and phrases in sentences of your own:

1. to appeal2. to be removed from the office3. to be impeached 4. bankruptcy filings5. robberies6. traffic violations7. broken contracts8. family disputes9. to apply the law correctly10. the plaintiff/ the defendant

UNIT VITHE CONDITIONAL SENTENCES


să enumerați tipurile de condiționale existente în limba engleză, semnalând diferențele existente între engleză şi română (insistând asupra traducerii lor corecte în română)

să folosiți în mod corect formele de condițional mixt

Conditional sentences have two parts: the main clause and the if – clause.The if- clause may be also introduced by even if (chiar dacă), whether, unless (dacă nu), otherwise (altfel), provided (that) (cu condiţia ca), supposing/suppose (presupunând că), in case (în cazul că), if only (numai dacă).There are three kinds of conditional sentences. Each kind contains a different pair of tenses.

Main clause Subordinate clause

TYPE 1Future TensePresent Tense Present TenseHe will get there in time he catches the bus.

Va ajunge acolo la timp dacă va prinde autobuzul.

You can translate this article you know English well.

Poţi traduce acest articol dacă şti engleza bine.

TYPE 2Present Conditional Tense Past TenseWould + infinitive To be = were(could, might)I would tell the police someone tried to blackmail me.

Aş spune la poliţie dacă cineva m-ar şantaja.

You could translate this article you knew English well.

If

if

if

if

if

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După parcurgerea acestei unităţi veţi dobândi noţiunile de bază privind folosirea corectă a timpurilor în propozițiile

condiționale și în principalele acestora.

Ai putea traduce acest articol dacă ai şti engleza bine.

I would go to that party I were you.

Aş merge la acea petrecere dacă aş fi în locul tău.

TYPE 3Past Conditional Tense Past Perfect TenseWould + have + past participle had + past participleI would have gone there you had come with me.

Aş fi mers acolo dacă ai fi venit cu mine.He could have got a job he had had a diploma.

Ar fi obţinut o slujbă dacă ar fi avut o diplomă.

Some other examples:

Unless + affirmative verbs Unless you start at once you’ll be late (Dacă nu pleci imediat, vei întârzia).

Otherwise We must be back before midnight ; otherwise we’ll be locked out (Trebuie să ne

întoarcem până la miezul nopţii; altminteri vom rămâne pe afară).

Provided (that) You can camp here provided you leave no mess (Puteţi campa aici cu condiţia să nu lăsaţi

murdar).

In case I’ll come tomorrow in case Ann wants me (Voi veni mâine dacă Ann va vrea).

If onlya) if only + present tense (expresses hope) If only he comes in time (Dacă ar veni la timp).b) if only + past/past perfect (expresses regret) If only he didn’t smoke! (Dacă n-ar mai fuma, ar fi foarte bine).

Whether…..or You must go tomorrow whether you are ready or not (Trebuie să vii mâine chiar dacă eşti

gata sau nu).

If + were and inversion of subject and auxiliary

If I were you, I wouldn’t wait a bit (Dacă aş fi în locul tău, n-aş aştepta de loc).

if

if

if

Were I Tom, I would refuse (Dacă aş fi în locul lui Tom, aş refuza).


Type 1

I.Put the verbs in brackets into the correct tenses:

1.If I see him I (give) him a lift.2.If I find your passport I (telephone) you at once.3.If he (read) in bad light he will ruin his eyes.4.Someone (steal) your car if you leave it unlocked.5.She will be absolutely furious if she (hear) about this.6.If he (go) on telling lies nobody will believe a word he says.7.Unless I have a quiet room I (not to be able) to do any work.8.Unless you are more careful you (have) an accident.9.If he (like) the house, will he buy it?10.Unless he (sell) more he won’t get much commission.

Type 2

II.Put the verbs in brackets into the correct tenses:

1.If I (know) his address I’d give it to you.2.I shouldn’t drink wine if I (be) you.3.More tourists would come to this county if it (have) a better climate.4.What would you do if you (find) a burglar in your house?5.If he knew that it was dangerous he (not come).6.I (be) ruined if I bought her everything she asked for.7.I’d go and see him more often if he (live) on a bus route.8.If you (paint) the walls white the room would be much brighter.9.He might get fat if he (stop) smoking.10.If I were sent to prison you (visit) me?

Type 3

III.Put the verbs in brackets into the correct tenses:

1.If I (know) that you were coming I’d have baked a cake.2.If I (realize) what a bad driver you were I wouldn’t have come with you.3.If I (try) again I think that I would have succeeded.4.If she had listened to my directions she (not turn) down the wrong street.5.If you had told me that he never paid his debts I (not lend) him the money.6.If he had asked you, you (accept)?7.I wouldn’t have believed it if I (not see) it with my own eyes.

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8.If I had realized that the traffic lights were red I (stop).9.If you (speak) more slowly he might have understood you.10.She had a headache; otherwise she (come) with us.

IV.Finish these sentences, taking care to use the correct tenses

1. If he had taken my advice, now he ____________2. If we had left before breakfast, now we _________3. He would lend it to you if you ___________4. If you had asked for permission, now _________5. Her life might be saved now if she _____6. If she had practised more _______________7. I’d have my coat on me if _________

V.Translate into English paying attention to the rules of if clauses:

1. Nimeni nu va şti niciodată dacă acesta este sau nu adevărul.2. Chiar dacă era ora 10 a.m., John dormea încă în ciuda zgomotului din stradă.3. Dacă l-aş fi văzut în timpul şederii sale aici, ar fi fost o ocazie bună să-i amintesc de promisiunea pe care a făcut-o cândva.4. S-a schimbat atât de mult în ultimul timp încât nu l-aş fi recunoscut dacă nu mi-ai fi spus tu cine este.5. Sunt sigură că nu s-ar fi dat jos din pat dacă ar fi fost atât de bolnav.6. Dacă ar fi vorba de oricine altcineva aş fi de acord cu tine, dar după cum ştii, de la Tom te poţi aştepta la orice.7. Dacă nu vei putea să mă găseşti la birou, încearcă să telefonezi către prânz la numărul acesta.8. Aş vrea să te interesezi la Facultate dacă va mai avea loc un examen de admitere în toamnă; m-am hotărât să încerc dar nu ştiu dacă nu este prea târziu.9. Chiar dacă va veni la întâlnirea de mâine, eu cred că va fi prea târziu.10. Crezi că va vorbi cu mine câteva minute dacă va veni la vară în România? Ar fi foarte folositor pentru lucrarea mea.

UNIT VIITHE TRIAL IN THE UNITED STATES


să enumerați participanții la proces în conformitate cu sistemul judiciar american

să explicați atribuțiile care îi revin judecătorului în instanța de judecată

să precizați rolul şi componența juriului în SUA.

Although there is an absolute right to trial in both civil and criminal cases, trials are often enough expensive, and a person may not wish to exercise the right to trial. If the court grants a summary judgment to either party or decides to dismiss the case, no trial is held. Thus, over 90% all civil cases never come to trial and about 80% of criminal defendants plead guilty and are sentenced without trial.

THE JURY. For federal criminal cases there are 12 jurors but for federal civil cases the number varies between 6 and 12.Before each trial, prospective jurors are asked questions to help the judge and lawyers determine whether the jurors can be impartial in deciding the particular case. The lawyers have the right to reject a certain number of jurors without giving any justification.

THE JUDGE. Federal appellate judges and district judges are appointed by the President with the approval of the Senate. They can be removed only by Congress through a process called impeachment.Bankruptcy judges and magistrates judges assist the district judges. They do not have life tenure, but serve for an appointed term.Role of judge and jury. If the parties choose a jury trial, the jury must determine the facts over which parties disagree. If the parties leave it to the judge, the trial is called bench trial. In either kind of trial, the judge decides what legal standards apply and whether the evidence is illegal or improper. The judge also conducts the proceedings and sees that the order is maintained.

THE LAWYERS. In criminal cases, the lawyer who prosecutes the claim is the U.S. attorney (or an assistant). The attorney is selected by the President, with the approval of the Senate. The judge appoints lawyers to represent criminal defendant who cannot afford to hire a lawyer.

The parties. Defendants in criminal cases have a constitutional right to be present. Parties in civil cases may be present if they wish.

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După parcurgerea acestei unităţi veţi putea enumera participanții la proces, conform sistemului judiciar american.

The witnesses. Witnesses are individuals who testify under oath about the facts in dispute. They are often referred to as plaintiff’s witnesses or defense witnesses.In a criminal case, the defendant can be convicted if the jury or judge believes that the government has proven guilt “beyond any reasonable doubt”. A jury verdict must be unanimous.In civil cases, the jury or the judge decides for the plaintiff if a preponderance of the evidence shows that the defendant failed to perform a legal duty.

Sentencing. The judge sets a date for sentencing hearing for criminal defendants who plead guilty or are found guilty.Before the sentencing hearing, a federal probation officer prepares a report to help the judge determine the proper sentence.


I. Answer the following questions:1. Is there any right to trial in both civil and criminal cases in the U.S.?

2. How many of the civil and criminal cases never come to trial?3. How many jurors are there in the jury for criminal and civil cases?4. What is the task of a judge in a trial?5. What do they mean by jury trial and bench trial?6. How are the lawyers called in the U.S.?7. Who are the witnesses and what do they do?8. When can a defendant be convicted in a criminal case?9. What does the jury or the judge decide in a civil case?10. What does the federal probation officer prepare before sentencing?

II. Find the English words in the article that correspond to the Romanian words below:a. a fi eliberat condiţionat h.persoane eliberate condiţionatb. reducerea pedepsei i. închisoare pe viaţăc. a ispăşi o pedeapsă j. pedeapsa cu închisoared. pedeapsă k. pedeapsa cu moarteae. închisori de maximă securitate l. ţinut în arest preventivf. pedeapsa cea mai grea m. când se dă pedeapsa cea mai greag. aripă a închisorii pentru cei aflați în arest preventiv

The most serious form of punishment, besides capital punishment, is a prison sentence. When such a sentence is handed down, the judge must sign a committal warrant before the defendant is taken to prison to serve his or her sentence. Habitual offenders are sent to maximum-security prisons and the heaviest sentence they can get is life imprisonment. A prisoner may not serve his or her full sentence and may be granted a remission of sentence for good behavior in jail. Prisoners having served one third of their sentence may be released on parole. They are then called parolees. Of course, prisoners may also be offenders who have been remanded in custody waiting for trial. They are usually kept in the remand wing of a prison.

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III. Put the following steps in the civil proceedings into their logical order

1. The trial is opened by the plaintiff’s counsel2. Each counsel makes a closing address3. A copy of the writ is issued and served by sending it to the usual address of the defendant4. The plaintiff’s counsel calls his/her witnesses 5. The judge gives judgment and awards costs and damages6. The plaintiff obtain a writ of summons7. The plaintiff’s witnesses are cross-examined by the defence.8. The defendant decides to contest the claim9. The plaintiff endorses the nature of his claim against the defendant on the writ (statement of claim)10. The defendant’s counsel proceeds in the same way.

IV. Below are some typical legal phrases. What preposition do you use with the following phrases?1. To accuse someone _____ something2. To be liable ______ something3. To sentence someone ____ a punishment4. To claim damages ____ something5. To be entitled ____ compensation6. To bring a case _____ someone7. To be guilty ____ an offence8. To fine someone ____ something

Make-up sentences of your own with these phrases.

V. Translate the following text into Romanian:

“Amendment VI – 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 … and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense.”

(The Bill of Rights, Constitution of the United States)

UNIT VIIITHE PASSIVE VOICE


să folosiți corect diateza pasivă în limba engleză, semnalând asemănările și diferențele existente între engleză şi română

să identificați formele speciale ale diatezei pasive din limba engleză în funcție de aspectele timpurilor folosite (simplu, perfectu sau continuu)

FORM

The verb to be in Past \Tense (was, were) + past participle of the verb

The subject of the active verb becomes the “agent” of the passive verb. The agent is very often not mentioned. When it is mentioned it is preceded by BY and placed at the end of the clause:

This plum tree was planted by my grandfather.

Present Tense: I am seenYou are seenHe, she is seen …. Etc

Past Tense: I was seenYou were seenHe, she was seen…etc

Present Perfect Tense:I have been seenYou have been seenShe, he has been seen … etc

Past Perfect Tense: I had been seenYou had been seen ….etc

Future Tense: I shall be seenYou will be seen

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După parcurgerea acestei unităţi veţi dobândi noţiunile de bază privind folosirea corectă a diatezei pasive în limba

engleză.

He, she will be seen …etc

Conditional: I would be seenYou would be seenHe, she would be seen … etc

Perfect conditional: I, you, he would have been seen … etc

In colloquial speech get is sometimes used instead of be, i.e. The eggs got (were) broken. In sentences containing a direct and an indirect object, could have two passive forms:

e.g. Somebody gave her some flowers.She was given some flowers.Some flowers were given to her.

Uses of the passive

The passive is used when it is not necessary to mention the doer of the action: o e.g. The rubbish hasn’t been collected.o Your hand will be X-rayed.

It is also used when the subject of the active verb would be “people”:o E.g. He is suspected of receiving stolen goods (People suspect him of …)o They are supposed to be living in New York (People suppose that …)

When we are more interested in the action than the person who does it:o E.g. A new public library is being built (by our local council)o The house next door has been bought (by a Mr. Jones).

The passive may be used to avoid awkward or ungrammatical sentence. This is usually done by avoiding a change of subject:

o E.g. When he arrived home a detective arrested him.Would be better expressed:o When he arrived home he was arrested (by a detective).

Prepositions with passive verbsWhen a verb + preposition + object combination is put into the passive, the preposition will remain immediately after the verb:e.g. We must write to him becomes

He must be written to They threw away the old newspapers becomesThe old newspapers were thrown awayHe looked after the children well becomesThe children were looked after.


I.Put the following into the passive voice. The agent should not be mentioned:

1. We use this room only on special occasions.2. They are pulling down the old theatre.3. Someone switched on a light and opened the door.4. The police asked each of us about his movements on the night of thecrime.5. Someone will serve refreshments.6. The burglars had cut an enormous hole in the steel door.7. No one can do anything unless someone gives us more information.8. The judge gave him two weeks in which to pay the fine.9. People must not leave bicycles in the hall.10. The librarian said that they were starting a new system because people were not returning books.

II.Turn the following sentences into the active voice. Where no agent is mentioned one must be supplied:e.g. School notice: This door must be kept shut.

Students must keep shut this door.

1.This speed limit is to be introduced gradually.2.Someone will have to be found to take her place.3.Your money could be put to good use instead of being left in bank.4.This scientific theory has now proved to be false.5.This copy hasn’t been read. The pages haven’t been cut.6.For a long time the earth was believed to be flat.7.The stones were thrown by a student who was afterwards led away by the police.8.This excellent opportunity was taken advantage of immediately.9.If I am offered this job I shall, of course, accept it.10.We have not been taught to deal with such problems.

III.Use the verbs in brackets in the correct tense:1.Under these conditions the experiment (not to carry out).2.Can English (to learn) well in six months?3.Must this work (to do) at once?4.Paper that absorbs ink (to call) “blotting paper”.5.The atomic structure (to study) since the end of the last century.6.Paintings from many countries (to show) in a special exhibition next month.7.Many houses in our town (to be demolished) this year.8.The new design (to be looked into) by an expert.

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9.During the fair many foreigners can (to see) in our town.10.A number of books (to publish) on this subject in the last few years.

IV.Answer the questions using a Passive form of the verbs in brackets, together with a suitable adverbial particle (off, on, in, out, up, down etc):

Example: What generally happens to houses that are unfit to live in? (pull)They are generally pulled down.

1.What should happen if mistakes appear in a student’s work? (point)2.What must be done with a bad tooth? (pull)3.What might happen if you crossed a busy road without looking? (knock)4.What has to be done with dirty dishes and cutlery at the end of a meal? (wash)5.What would happen to a lighted candle if there were a sudden gust of wind? (blow)6.What often happens to negotiations that looked like being unsuccessful? (break)7.What must be done if a plan or an idea proves unworkable? (give)8.A notice has disappeared from a notice board. What must have happened? (take)9.I dropped a coin in the street, and can’t find it. What could have happened to it? (pick)10.What may happen to a man who has committed his first offence? (let)

V.Translate into English:1.Ni s-au spus multe lucruri interesante în legătură cu acest subiect.2.Ni se vor da amănunte mai târziu.3.Li s-a cerut să fie punctuali.4.Ne vor comunica rezultatele până mâine.5.Au fost întâmpinaţi cu entuziasm.6.Li s-a spus să aştepte profesorul în clasă.7.Cărţile ne-au fost trimise prin poştă.8.Au fost sfătuiţi să viziteze oraşul.9.Turiştilor le-au fost arătate monumentele istorice mai importante din capitală.10.S-a constatat că toate condiţiile au fost îndeplinite.

UNIT IXOFFENCES AGAINST PERSON (I)


să enumerați câteva dintre cele mai importate infracțiuni îndreptate împotriva persoanei

să dobândiți un număr important de termeni juridici/expresii juridicie folosite în traducerea din română în engleză a articolelor referitoare la aceste infracțiuni, conform prevederilor Codului Penal românesc

The main offences against persons are:

I. HOMICIDEII. INFANTICIDEIII. RAPE AND OTHER SEXUAL OFFENCESIV. UNNATURAL OFFENCESV. INDECENCYVI. PROSTITUTIONVII. ASSAULTS AND WOUNDINGS

I. HOMICIDE. Means the killing of a human being. It may be culpable or non-culpable (lawful or unlawful) or excusable. It depends on the circumstances in which the act of homicide takes place.

1. Culpable homicide can be: a. Murder – means the unlawful killing of a person by another. Murder is committed when the killer acts with malice aforethought. The punishment for murder is life imprisonment.

b. Manslaughter is the unlawful killing of a human being without malice aforethought. It may be voluntary (death results from an assault made under provocation) or involuntary (death results from an accident or from an unlawful act).

c. Causing death by dangerous driving.

d. Causing death by careless driving.

e. Causing death by aggravated taking of mechanically vehicle.

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După parcurgerea acestei unităţi veţi putea enumera câteva dintre cele mai importante infracţiuni îndreptate împotriva

persoanei.

2. Non culpable homicide

a. Justifiable : The lawful action of a criminal or a killing person who results or prevents a constable in the execution of his duty.

b. Excusable : like accidents, reasonable self-defence in a sudden conflict.

3. Genocide : is a deliberate destruction of a national racial, religious or ethnic group defined by exterminators as undesirable.

4. Aiding and abetting suicide : is an arrestable offence for a person to aid, abet or counsel for suicide.

5. Child destruction : when a person with intention destroys the life of a child capable to be born alive, punishable with life imprisonment.

6. Abortion : the premature expulsion of the child before his birth.

II. INFANTICIDE – appears when a woman, by any willful act or omission causes the death of her child.

III. RAPE AND OTHER SEXUAL OFFENCES ARE :

a. Unlawful sexual intercourse: when a man has sexual intercourse with a woman who is under the age of 16, mentally defected or a blood relative.

b. Rape: is an arrestable offence for a man to rape. The punishment for such an offence is life imprisonment.

c. Defilement: when a man has unlawful sexual intercourse with a girl under 13.

d. Seduction or prostitution: when a person having custody or care of a girl under 16 years old causes and encourages her seduction or prostitution. He shall be punished with two years imprisonment.

e. Incest : appears when a man has sexual intercourse with a woman whom he knows to be his daughter, granddaughter or mother; or when a girl of 16 allows a man she knows to be her grandfather, father, brother or son to have sexual intercourse. Stepbrothers and sisters are not blood relations.

(The information in this unit is completed in UNIT XI)


I.Answer the following questions

1. What is the meaning of homicide?2. How many types of homicide do you know?3. When is a murder committed?4. What do you mean by manslaughter?5. What is the meaning of genocide?6. What do you understand by infanticide?7. What is the difference between rape and defilement?8. Is incest ever permitted?

II.Match the crime on the left with its definition on the right:

1. arson A. Using force or threatening force to take control of an aircraft during flight

2. assault and battery B. Taking people or things illegally into a country or place

3. petty theft C. An illegal sexual act that falls short of sexual intercourse

4. burglary D. Intentional damage to property by setting fire to it

5. gross indecency E. Sexual intercourse with another person without his or her consent

6. rape F. An attempt to influence an official by offering him or her some kind of reward

7. manslaughter G. Stealing objects of little value

8. hijacking H. Entering a place of habitation with the intention of stealing

9. smuggling I. Intentional physical harm inflicted on a person without his or her consent

10. bribery J. Murder that is either unintentional or else has mitigating circumstances

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III.Match each description of a crime (1-5) to the term by which it is known (A-E)

A. assault D. shopliftingB. grievous bodily harm E. vandalismC. murder with extenuating circumstances

1. A woman kills her husband after finding him in compromising circumstances with another woman.2. A schoolboy smashes a shop window and causes damage in the shop after a football match.3. A group of young men take an old lady’s handbag after threatening her with physical violence.4. A lady slips a small piece of jewelry into her handbag in a department store.5. A man attacks another man and injures him so badly that the victim has to undergo an operation.

IV. Find logical correspondence between the following terms (sometimes more than one connection can be made):

culpable homicide genocidementally disturbedrapetwo years imprisonmentprocurationexcusableabortiondaughterdefilement

premature expulsionpersonal violenceincestgirl under 13infanticidenon-culpable homicideexterminatormanslaughterdeceptionseduction

V. Fill in the gaps with the following terms: bar, case, brief, sentence, conviction, defence, stand, judge, evidence:1. The … asked the members of the jury to leave the court.2. A solicitor gives a … to the barrister which consists of important legal documents.3. My lawyer disagrees with the verdict and wants my … to go to a higher court. 4. The accused was given a 4-year prison …5. I think she already has a … for shoplifting.6. As the key witness took the … there was complete silence in the court.7. The prosecution hasn’t got enough … to secure a guilty verdict.8. Barristers are lawyers who have been called to the …9. The lawyers for the … complained that their client couldn’t get a fair trial.

VI. Give a real example of genocide and explain in not more than 250 words the characteristics of the group of exterminators, as well as the causes for that genocide.

VII. Read three articles provided by the Romanian Criminal Law on the offences committed against the person. Translate them.

UNIT XNOMINATIVE + INFINITIVE AND ITS USES


să folosiți în corect construcțiile infinitivale cu nominativul

să identificați situațiile de folosire a acestor construcții în vorbirea curentă (mai ales după verbe la pasiv)

The nominative with the infinitive represents a combination of:

a Nounor Pronoun in the Nominative case + an infinitive

There are no such constructions in Romanian, we generally translate the construction by means of clauses. The nominative with infinitive is a complex subject.

Examples: He is known to be a good student.

Se ştie că este un student bun. He was said to have made an oral confession.

Se spune că ar fi făcut o mărturisire He is said to be a good doctor.

Se ştie că el este un doctor bun He is said to have won the gold cup.

Se spune că ar fi câştigat cupa de aur

The construction is used:1.With the following verbs in the passive voice: verbs expressing perception – to hear, to see, to fell, to watch, to notice, to perceive; verbs expressing mental activities – to consider, to think, to suppose, to find, to feel, to understand;the verb to say and to report.

Mention can be made that most of these verbs are also used in the accusative with infinitive construction.

Examples to be compared: I heard him sing (Acc + inf)/He was heard to sing (Nom. + inf)

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După parcurgerea acestei unităţi veţi dobândi noţiunile de bază privind folosirea corectă a construcțiilor infinitivale cu

nominativul utilizate frecvent în engleză.

A fost auzit cântând/ A fost auzit în timp ce cânta.

They knew you to be right (Acc+inf) Se ştia că ai dreptate You were known to be right (Nom. + inf) Se ştia că ai dreptate I expect you to come (Acc+inf)

You were expected to come (Nom. + inf) Trebuia să vii.

2.With the verbs to seem, to appear, to happen, to prove, to turn out:e.g. I happen to know them.

Se întâmplă să-i cunosc/ Întâmplător îi cunoscThe boy proved to be very good at mathematics.Băiatul se dovedi a fi foarte bun la matematică.The deal turned out to have been a failure.Afacerea s-a dovedit a fi fost un eşec.

3. With the word-groups to be likely, to be sure/certain.

e.g. He is sure to learn the rule. Va învăţa regula negreşit.They are likely to attend the conference. E probabil ca ei să asiste la conferinţă/ După toate probabilităţile, vor asista la conferinţă.

A characteristic feature of the nominative with infinitive is that it may be extended into a clause introduced by IT.

e.g. He is known to be a good lawyer. =>> It is known that he is a good lawyer.

I happen to remember them. =>> It happened that I remember them.

He is likely to be late. =>>It is probable that he will be late.


I.Transform the following sentences using the nominative with infinitive constructions:

Model:

a. It seemed that she was worrying b. She seemed to be worryinga. I asked him to leave b. He was asked to leave

a. It seemed that they had come together b. They seemed to have come together

1. It happened that I knew him.2. It happened that we had met before.

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3. Susan believed her husband to be greatest actor in the world.4. It chanced that her brother was present.5. We determined the man to tell the truth.6. It is known that water boils at 1000C.7. The Browns asked Jim to have dinner with them.8. Why didn’t you allow the boy to play in the garden?9. It was reported that he had found his death two days ago.10. I persuaded him to come to the pictures with me.

II.Make the following sentences into one, using accusative with infinitive:Model:

a. I asked himb. He brought me the book I asked him to bring me the book

a. George saw his sisterb. She opened the door

George saw his sister open the door

1. I expected himHe came by plane

2. Ralph wanted BarbaraBarbara lent Dick her dictionary.

3. We noticed the sky.It turned dark.

4. They prevailed upon the man.He came to the meeting.

5. Did Mr. Thomas persuade him?He went to Bath.

6. I heard the little birds.They sang early in the morning.

7. We saw Mrs. BrownShe went out.

8. The boys helped their little brother.He passed over the bridge.

III. Replace the group of words underlined by an infinitive or an infinitive construction:Model:

It is important that he should understand this.It is important for him to understand this.

He was the first man who arrived. He was the first man to arrive.

1. I was astonished when I heard that he had left the country.2. It is necessary that everyone should know the truth.3. It seems that crime was committed by a left-handed man.4. It is expected that he will broadcast a statement tonight.5. It is said that he was a brilliant scientist.6. It is advisable that we should leave the house separately.7. It is said that the murderer is hiding in the woods near the house.8. Is it likely that he will arrive before six?9. It is said that she has a frightful temper.10. They believe that he is honest.11. It is better that he should hear it from you.12. The strikers decided that the strike should continue.

IV. Translate into English 1. Se presupune că el a fost martor la accident.2. Se ştie că hoţul a furat maşina în timpul nopţii.3. S-a raportat că ea este în viaţă.4. El s-a dovedit a fi un martor mincinos..5. Se crede că a intrat în ţară ilegal.6. Se spune că cei doi tineri au jefuit o bancă.7. Se aşteaptă de la tine să depui mărturie.8. Se consideră de către instanţă că el este vinovat de crimă.9. Sunt sigur că argumentele mele o vor face să se răzgândească.10. L-am sfătuit să renunţe la slujba aceea.11. Se gândeşte să participe la acest concurs.12. Ei au insistat să mă duc acolo în seara aceea.

V.Put the verbs in brackets into the correct form making any necessary changes:

I (sit) in my office the other day when I (tell) that someone (want) (see) me. It was Ana Radulescu, an old friend of mine. My personal assistant (invite) her in and (ask) us what we (want) to drink. After she (bring) us coffee and water she (leave) us alone. When I (ask) Ana how she (be), she (tell) me a rather sad story. She told me that she (have) to close down her business because of financial difficulties and that she look for a job. She (add) that she (be) in such situation because she (not listen) to those who (advise) her to hire a good accountant. If she (not find) a job quickly, she (be) in serious trouble. She (ask) me whether I (can) (do) anything (help) her (find) something interesting. I (assure) her (do) my best and (ask) her (call) me in a few days.

UNIT XIOFFENCES AGAINST PERSON II


să enumerați și să definiți câteva dintre cele mai frecvente tipuri de infracțiuni comise împotriva persoanei, precizând pedepsele care se aplică acestora conform prevederilor Codului Penal românesc

UNNATURAL OFFENCES

a) Gross indecency appears when a male person commits an act of gross indecency with another male person. It is punishable of two to five years.

b) Persistently soliciting in a public place for immoral purposes is also an arrestable offence.c) Homosexual acts are not offences when they are committed in private, with both parties’

consent, and they have attained the age of 21 years. Any homosexual act committed outside the scope of the above provisions is an offence.

INDECENCY

a) Indecent language or behaviour is gross outrage on public decency and represents a common law misdemeanour.

b) Indecency with children means committing an act of gross indecency with or towards a child under 14 years or determining such a child do such an act with him or any other person.

c) Abduction means to take away by force or fraud. Here we include abduction of a woman by force or for the sake of her property; abduction of an unmarried girl under the age of 18.

PROSTITUTION

A prostitute is a person who, for rewards offers his or body for sexual connection.a) Loitering or soliciting for the purpose of prostitution. It is an offence for a common

prostitute to loiter or solicit in a street or public place for the purposes of prostitution. The police can arrest without warrant anyone he finds in the street or public place.

b) Trading in prostitution is an offence of any man living wholly or in part of the earning of prostitution. It is an arrestable offence punishable with seven years of imprisonment.

c) Habitual uses of premises for prostitution.

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După parcurgerea acestei unităţi veţi putea enumera în engleză câteva dintre cele mai frecvente infracțiuni îndreptate împotriva

persoanei.

ASSAULTS AND WOUNDINGS

a) Assaults are intentional or reckless acts causing another person unlawful personal violence. Justifiable assaults happen under the following circumstances: administrating lawful correction (parents punishing their children); self-defence, defence of a member of the family; defence of property.

There are more kinds of assaults: Common assault (beating a person); Aggravated assault (by violence); Assault with intent to resist arrest; Assaults on police.

b) Woundings are of two kinds: Grievous bodily harms are unlawful and malicious woundings; it is an arrestable offence,

punished with five years imprisonment; Grievous bodily harms with intent are unlawful and malicious woundings; the penalty is

life imprisonment.


I. Answer the questions:1. When does gross indecency appear?

2. Are homosexual acts arrestable offences?3. What do you mean by abduction?4. What is a prostitute?5. What is the punishment for trading in prostitution?6. What are intention assaults?7. What do you mean by justifiable assaults?8. What kinds of assaults do you know?9. What types of woundings do you know?10. Give some examples of assaults and woundings.

II. A crime is any act or omission (of an act) that violates the law and is punishable by the state. Crimes are considered injurious to society or the community. They include both felonies (more serious offences – like murder or rape) and misdemeanours (like petty theft or speeding). A criminal is someone who commits a crime. Below are 12 phrases using the word criminal. Link each phrase to its definition.

Phrase Definition 1. Court of Criminal Appeal a. Barrister or solicitor who specialises in felonies and

misdemeanours.

2. Criminal contempt b. A person charged with or convicted of crimes against humanity.

3. Criminal negligence c. Previous crimes of which an individual has been

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convicted.

4. Criminal court d. Rules governing the investigation of crimes, the arrest charging, and trial of accused criminals; and the sentencing of those convicted (found guilty or a crime).

5. Criminal forfeiture e. One of the higher courts of law which hears cases sent up for review.

6. Criminal law f. Disorderly behaviour, disrespect, or obedience of a judge’s orders, particularly during a trial.

7. Criminal lawyer g. A person who repeatedly commits offences.

8. Criminal procedure h. Where an individual fails to exercise a duty of care and the resulting action leads to the commission of a crime.

9. Criminal record i. The branch of law which deals with felonies and misdemeanours.

10. Habitual criminal j. Study of the mental processes and behaviour of persons who commit crimes.

11. Criminal liability k. A court with jurisdiction to hear felonies and misdemeanours.

12. War criminal l. Responsibility for committing a crime (excluded persons include minors and insane).

III.Types of crime

Below are 14 crimes. Firstly, link each crime to its definition and then classify each crime as violent (v) or non-violent (NV).

V or NV

Name of crime Definition of crime

Assault A generic term for the killing of another personDrug dealing Any instance in which one party deceives or takes unfair

advantage of anotherMoney laundering Attempt to use illegal force on another personBattery Attempt to use illegal force on another person in the absence

of consent to sexual relationsHomicide Attempt to transform illegally acquired money into

apparently legitimate moneyManslaughter Driving a vehicle in excess of the permitted limit

Fraud Leaving one’s vehicle in an area or for duration in contravention of the law.

Murder Possession of and/or trading illegal substances.Armed robbery Taking the property of another without right or permissionSexual assault The actual use of illegal force on another personBurglary The crime of breaking into a private home with the intention

of committing a felonyTheft The unlawful killing of a person with intentParking The unlawful killing of a person without malicious intent and

therefore without premeditationSpeeding The unlawful taking of another’ s property using a dangerous

weapon

IV. Below are some words and phrases derived from “appeal”. Link each item to its definition.

1. Appeal a. Permission of the court to institute appeal proceedings from a single judge or lower court to a full court or higher court respectively

2. Appellate b. The person against whom an appeal is taken (usually, but not always, the winner in the lower court)

3. Appealable c. To ask more senior court or person to review a decision of a subordinate court or person

4. Leave to appeal d. A court to which appeals are made on points of law resulting from the judgement of a lower court

5. Appellant e. Describes a judgement which can be appealed against6. Court of appeal f. Money put up by someone appealing a court’s decision. This

money is to pay the other side’s costs in case the person appealing fails to go forward with an honest appeal

7. Appellee g. A party who appeals against a judicial decision which is not in that party’s favour

8. Appeal bond h. Refers to a higher court that can hear appeals from a lower court

V. Complete the following text about appellate procedure using the words/expressions above:

_______ procedure consists of the rules and practices by which a _______ reviews trial court judgements. The procedure focuses on several main themes:

What judgements are ______________; How an __________ is to be brought before the court, What will be required for a reversal of the lower courts; What procedures the parties must follow

Often an ________ will be requested by the _______, who is seeking a review of the decision of a subordinate court or person. The other party, the _____, is usually, but not always, the winner in the lower court.

VI. Read three articles in the Romanian Criminal Code on three types of offences committed against the person and translate them, paying particular attention to the penalties applied to them.

UNIT XIIFINAL GRAMMAR EXERCISES

I.Which is correct?

1. All her dreams have _____ truea). become; b). come; c). gone; d). Taken

2. I got your name and address from a friend of _______a). me; b). mine; c). my ; d). Myself

3. They all shake hands and said “How do you do!” to _________a). another; b). each other; c). one another; d). Themselves

4. Do you want ______?a). me going; b). me to go; c). my going; d). that I go

5. He suggested ______ the house togethera). that you should search; b). for them to search; c). to their searching; d). to them to search

6. We look forward ________ you here.a). at having; b). having; c). to have; d). to having

7. Instead ______ the car, he mowed the lawn.a). of repairing; b). repairing; c). that he repaired; d). o repair

8. The ring was nowhere to _____.a). be found; b). being found; c). find; d). Found

9. There were no decent flats _______ in those daya). for having; b). to be had; c). to have; d). to have had

10. I’m sure you’ll find lots of pleasant things _______ here in Londona). for doing; b). to be done; c). to do; d). to doing

II.Memorise the quotations. Note the way the verbs “say”, “tell”, “speak” and “talk” are used:

SPEAK: Speak a foreign languageSpeak loudly, well, fastSpeak to somebody (with somebody, about something)Speak at a meeting, conference, in debate

TALK: Talk a great deal, a lot, loudlyTalk to (with) somebody (about something)Talk politics, talk sports etc

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SAY: Say somethingSay thatSay a few words about somethingHe said to me that: “___”He is said to be a good doctor

TELL: Tell somebody somethingTell somebody about somethingTell somebody to do somethingTell a lie/ the truth/a story

Make-up sentences of your own using the verbs mentioned above.e.g. ‘Speak well of your friends, of your enemies say nothing”. (Proverb)

III.Insert “deny”, refuse” or “give up”:

1. The doctor told me I must _______ smoking.2. “Will you do me a little favour?” 3. ”I can _______you nothing. I am ready to do anything for you”.4. If you wish to achieve good results, you must sometimes ________ yourself some pleasures.5. I hope you won’t ______ the money. I offer it as a friend.6. Don’t ______ me the privilege of being in your company.7. Are you ready to ____ your friend if I ask you to?8. He ________ to take the job he was offered.9. Even when Mary found out the truth about the bridegroom she didn’t ___ him ___.10. Are you ready to ______ everything that is dear to you?11. Don’t ____ me the pleasure of seeing you home.

IV.Fill in the blanks by using one of the following prepositional phrases:

For lack of/for want of = din lipsă de In danger of = în pericol de Out of keeping with = în contrast, în opoziţie, în dezacord cu In the center of / in the thick of = în centrul Under the command of/under the order of = sub ordinele In accordance with/in compliance with = în conformitate cu / în înţelegere cu In the eyes, in the sight of = în ochii In spite of = în ciuda In the center of/in the heart of = în centrul, în mijlocul In the employ of/in the pay of/in the service = în slujba, în plata, în serviciul In consideration of/in recognition of = ca răsplata pentru, ca recunoaştere a In support of = în ajutorul, în spijinul

1. His work couldn’t be finished ______ information.

2. Our plans were ____ being given up. 3. The scenery was ___ the atmosphere play. 4. The two friends have always been _____ all disputes. 5. The troops are ______ the best of our generals. 6. We are called to solve this matter _______ the needs of out theatre. 7. He is guilty _____ the court. 8. Our trip wasn’t cancelled ___ the bad weather. 9. Our home is placed _____ the town.10. The trial found the officer ______ a foreign power.11. My friend was promoted _____ his merits.12. This is a new reason ____ my proposal.

V.Translate into English: 1. Sper să fiu consultat în această problemă. 2. Instrucţiunile dumneavoastră vor fi respectate. 3. Oaspeţii vor fi întâmpinaţi la gară, nu-i aşa? 4. Sunt sigură că această investigaţie a fost făcută cu cea mai mare grijă. 5. S-a insistat foarte mult asupra ultimului aspect al problemei. 6. Este regretabil că ele n-au putut veni. 7. Nu li s-a permis să ia bagaje prea multe în avion. 8. Li s-au arătat planurile şi li s-au dat toate explicaţiile necesare. 9. Am auzit că prietenului tău i s-a acordat un mare premiu la olimpiadă.10. Trebuie să facem ceva să ne ajutăm colegul; este într-o situaţie foarte grea.11. Nu e nevoie să-mi înapoiezi cartea acum; poţi să mi-o aduci săptămâna viitoare

BIBLIOGRAFIE

Beizadea, Coziana Marina, English for Law, Ed. Lumina LEX, Bucuresti, 2001

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Brookes, M, Treutenaere, Ch., 1000 de cuvinte cheie în drept, Ed. Compania, Bucureşti, 2002

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Jeremy Walenn,

Competenţă şi performanţă, Exerciţii şi teste de limba engleză, Ed. Ştiinţifică şi enciclopedică, Bucureşti, 1983

English for Law, Garnet Education, Garnet Publishing Ltd, UK, 2009

Manga, V., Calciu, R., Dicţionar juridic E-R şi R-E; Ed. Lumina LEX, Bucureşti, 1995

Merealbe, E., Limba engleză pentru jurişti, Ed. Eficient, Bucureşti, 1998

Molnar Oprea, Nicoleta, Mateescu Marinela, Carmen, Suciu, Cosmin

Curs de limba engleză pentru studenţii facultăţilor cu profil juridic, Ed. ALL Educational, 2000, Bucureşti

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Powel, R., Law Today, Longman, U.K., 1993

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curs engleza anul ii drept

Documents

timp necesar studiului

grievous bodily harms

past participle

past perfect tense

full time employee

present perfect tense

federal criminal laws

strong national government