UNIVERSITATEA SPIRU HARET

LAVINIA NDRAG MANUELA STROESCU

ENGLISH FOR LAW STUDENTS

EDITURA FUNDAIEI ROMNIA DE MINE

CONTENTS
page UNIT 1 Law . 5 UNIT 2 Civil Law ...30 UNIT 3 Criminal Law .50 UNIT 4 Criminal Procedure 71 UNIT 5 Courts ..112 UNIT 6 The British Constitution and Government ..146 UNIT 7 The United States Constitution and Government 169 UNIT 8 Legal Education ...210 APPENDIX A - Irregular Verbs ...222 APPENDIX B - Idioms .231 APPENDIX C - English-Romanian Glossary ...243 BIBLIOGRAPHY .252

UNIT 1

LAW

PRE-READING
Fill the word web below with as many words related to LAW as you can think of.

LAW

JUSTICE

READING
Law is the body of official rules and regulations, generally found in constitutions, legislation, and judicial opinions, used to govern a society and to control the behavior of its members. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies. Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition. Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare. Law is not completely a matter of human enactment; it also includes natural law. The best-known version of this view, that God's law is supreme, has had considerable influence in the United States and other Western societies. The civil rights movement, for example, was at least partially inspired by the belief in natural law. Such a belief seems implicit in the view

that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all. Muslim societies also embrace a kind of natural law, which is closely linked to the religion of Islam.

COMPREHENSION PRACTICE Find the words in the text which have the same meaning as the following definitions:
1. the system of basic laws and principles that a democratic country is governed by: 2. a law or set of laws: 3. to officially and legally control a country and all the decisions about taxes, laws, public services etc.; 4. using threats or orders to make someone do sth they do not wont to do; 5. a punishment for breaking a law, rule, or legal agreement; 6. the customs, social behaviour and moral values of a particular group; 7. peaceful or well-behaved; 8. to prevent sth from growing or developing;

9. health, comfort, and happiness; 10. having the highest position of power, importance, or influence.

VOCABULARY PRACTICE
1. Provide synonyms for the following words:
a) rule; behavior; means; morality; custom; crime; discrimination; religion. b) to control; to back; to limit; to enforce; to embrace.

2. Complete the chart below explaining the meanings of the word right. Sentence Meaning

a. They were right about the a. true/correct party. b. This is definitely the right b._______________________ decision for our country. c. I hope I was right to report them to the police. c._______________________ d. We guessed right. d._______________________

e. We are losing money e._______________________ 9

right, left and centre. f. We have the right to live f.________________________ in peace. g. They fight for womens g._______________________ rights. h. Those children dont seem h._______________________ to know the difference between right and wrong. i. Both sides are convinced i.________________________ that they are in the right. j. We are not interested in the j.________________________ rights and wrongs of the system. k. They must try to right the k._______________________ balance between taxation and government spending.

3. Read the following definitions, and then fill in the gaps.

The origins of law suggest something laid down or settled. In its broadest sense, the word refers to a body of rules of action or conduct established and enforced by a controlling authority ( as in the law of the land or state law). According to The Guide to American Law: Everyone`s Legal Encyclopedia, the term can encompass rules 10

promulgated by government; statutes or enactments of legislative bodies; country or municipal ordinances; constitutional provisions; administrative agency rules and regulations; judicial decisions judgments -- or the decrees and rules of a court. Though commonly referred to as a law, a formal, written expression of the will of a legislative body, when signed by the proper executive officer, is officially called an act or a statute. For example, in June 1990, newspapers reported that the Supreme Court had declared the 1989 federal law against flag burning unconstitutional, but the majority opinion of the Court itself referred to the Flag Protection Act of 1989. The American lawmaking process, both federal and state, starts with a bill introduced by one more members of the legislature. If passed, the bill goes to the President or governor for signature. Ordinarily, only when the bill is signed (or, if the bill is vetoed, when the veto is overriden by the legislature) does it become written law -- and, in the process, an act or statute. The President, on receiving a bill from Congress within 10 days of its adjournment, can exercise an indirect veto ( called a poket veto) by failing to sign and return the bill before Congress adjourns. Yet the word law has a place in official as in everyday usage. California, for instance, has a Corporate Securities Law, which, like similar laws in other states, is known informally as a blue-sky. (Such legislation, designed to regulate the sale of stocks, bonds, and other securities for the protection of the public from fraud, is said to have got its name from the comment made by an early proponent, to the effect that certain business groups were trying to capitalize the blue skies.) Moreover, at the end of a state legislave session, all bills that made their way through the process are collected and published

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in a volume typically bearing the title Laws of ( name of the state). An ordinance is a law adopted by a town, city, or county legislature. Local ordinances usually deal with matters not already covered by federal or state legislation; for example, zoning, waste disposal, and noise. A regulation is a rule or order by which certain conduct is controlled or directed. Often it is a set of rules prescribed by a governmental administrative agency in the public interest. For example, under authority granted by the Communications Act of 1934, the Federal Communications Commission has issued regulations on the construction and operation of radio and television stations. A rule is a standard guide, or regulating principle established by a court or administrative agency for governing its practices and procedures. Even without binding legal force, rules are usually observed in the interests of order and uniformity. A ruling, though it too generally originates in a court or administrative agency, is not the same as a rule. It is a judicial or administrative interpretation of a provision of a statute, order, regulation, ordinance, or other court decision. Yet a ruling, such as one issued by a court, is a form of law in itself. It has the force of law and will persist forever unless reversed by a court or modified by statute. a) A/An ........ is a law adopted by a city legislature. b) A/An .........is a standard principle established by an administrative agency. c) .................. refers to a body of rules of action enforced by a controlling authority. d) A/An .........is a court decision.

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e) A/An........ is often a set of rules prescribed by a governmental administrative agency in the public interest.

4. Order the following paragraphs.

A. Tribal society gradually evolved into territorial confederations. Governmental structures emerged, and modern law began to take shape. The most significant historical example is Roman law, which influenced most of the legal systems of the world. In the 8th century BC the law of Rome was still largely a blend of custom and interpretation by magistrates of the will of the gods.The threat of revolution led to one of the most significant developments in the history of law: the Twelve Tables of Rome, which were engraved on bronze tables in the 5th century BC. They were largely a declaration of existing custom concerning such matters as property, payment of debts, and appropriate compensation or other remedies for damage to persons. The Twelve Tables serve as a historical basis for the widespread modern belief that fairness in law demands that it be in written form. These tables and their Roman successors, including the Justinian Code, led to civil-law codes that provide the main source of law in much of modern Europe, South America, and elsewhere. B. Law develops as society evolves. Historically, the simplest societies were tribal. The members of the tribe were bonded together initially by kinship and worship of the same gods. Even in the absence of courts and legislature there was law -- a blend of custom, morality, religion, and magic. The visible authority was the ruler, or chief; Wrongs against the tribe, such as sacrilege or breach of tribal custom, were met with group sanctions including ridicule and hostility. The gods

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were appeased in ritualistic ceremonies ending perhaps in sacrifice or expulsion of the wrongdoer. Wrongs against individuals, such as murder, theft, adultery, or failure to repay a debt, were avenged by the family of the victim, often in actions against the family of the wrongdoer. Revenge of this kind was based on tribal custom, a major component of early law. C. The common-law systems of England, and later of the U.S., developed in a different manner. Before the Norman Conquest (1066), England was a loose confederation of societies, the laws of which were largely tribal and local. The Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that superseded the rules laid down by earlier societies. This legal system, known as the common law of England, began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society.

5. Find words in the text above which could be replaced by:

a) a social group consisting of people of the same race who have the same beliefs, customs, language etc., and usually live in one particular area ruled by a chief; b) a family relationship; c) a strong feeling of respect and love for a god. d) the act of treating sth holy in a way that does not show respect. e) a person who has an illegal or immoral behoviour.

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f) the crime of stealing. g) to develop sth by gradually changing. h) to mix. i) the quality of being fair. j) used instead ( because they were more effective)

PRE-READING /

LISTENING

What do you know about: substantive law, procedural law, public law, private law and international law?

READING /

LISTENING

1. Read/ Listen to the text and complete the table below. Provide as much information as you can.
Substantive law defines the rights and duties of persons; procedural law defines and deals with procedures for enforcing those rights and duties. Substantive law determines a wide variety of matters -- for example, what is required to form a contract, what the difference is between larceny and robbery, when one is entitled to compensation for an injury, and so on. The rules of procedure and jurisdiction determine the court or administrative agency that may handle a claim or dispute; the form of the trial, hearing, or appeal; the time limits involved; and so on. Public law concerns the relationships within government

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and those between governments and individuals. Because the Roman codes were almost entirely limited to the private area, public law is usually not codified. In civil-law countries, separate administrative courts adjudicate claims and disputes between the various branches of government and citizens, and many lawyers specialize in public law. Public law is not quite so clearly demarcated in the United Kingdom and the U.S. Under the common-law approach the same courts handle public and private litigation. Because the United Kingdom has no written constitution, basic principles pertaining to government powers and limits and to fundamental individual rights are found in acts of Parliament, judicial opinions, and tradition. The U.S., on the other hand, has a distinct body of constitutional law. The development of administrative law is a comparatively recent occurrence. Numerous federal and state administrative agencies now make rules that reach into all manner of activities, including licensing, regulation of trades and professions, protection of health, and promotion of welfare. Their powers emanate from legislation, and their rules are reviewable by the courts. U.S. constitutional law is the most extensive and pervasive of any country in the world. It is embodied in the Constitution and in the opinions of the U.S. Supreme Court rendered over time. Through its power of judicial review, the Supreme Court may invalidate any legislation or other governmental actions that it finds to be in violation of the Constitution. Constitutional courts in some civil-law countries have similar powers. In the United Kingdom no equivalent judicial power exists, and Parliament is supreme. In totalitarian nations, constitutional limits on legislative power are generally a matter of political determination.

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Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. The area is concerned with rules and principles pertaining to private ownership and use of property, contracts between individuals, family relationships, and redress by way of compensation for harm inflicted on one person by another. Historically, government involvement was usually minimal. Private law has also operated to provide general guidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in a court of law, such as noncontractual promises and agreements within an association of private individuals. The relative significance of purely private law has decreased in modern times. Public law dominates in government-controlled societies; democratic societies increasingly have a mix of public and private law. The private sphere includes individuals and a vast array of groups, associations, organizations, and special legal entities such as corporations. They compete with one another and with government for control of resources, wealth, power, and the communication of ideas and values. Special fields of law, such as labor law, facilitate and control this competition. Much of such law is in the commercial and corporate areas. The legal process that concerns relations among nations is called international law. Belief and experience in some form of international law dates from at least the days of the Roman Empire. Such law differs greatly from national legal systems. No court has the authority or power to give judgments backed by coercive sanctions. Even in its most modern developments, international law is almost wholly based on custom. The

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precedents on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions. Behind many of its rules is only a moral sanction: the public opinion of the civilized world. When treaties or conventions are involved, however, machinery to enforce them exists -- either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court. A discernible body of rules and principles (concerning such matters as territorial titles and boundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space) is observed or at least acknowledged in international relations. The major sources of international law on these matters are multilateral treaties and international custom. The United Nations is one of the primary mechanisms that articulate and create international law. Certain courts also have indirect impact, including the International Court of Justice.

Type of Law Substantive Law

Definition
defines the rights and duties of person; determines.............................................

Procedural Law Public Law Private Law

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Type of Law International Law Administrative Law Constitutional Law

Definition

VOCABULARY PRACTICE
Provide synonyms for the following words:
duty larceny injury claim trial dispute branch approach power act pervasive to render invalidate ownership to inflict guideline security custom; agreement association entity to facilitate authority treaty to enforce submission affair

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GRAMMAR PRACTICE
THE INDICATIVE MOOD (REVIEW)

Read through the texts you have studied in UNIT 1 and say why a certain from is used in each case. Supply the correct tense of the verb. The Simple Present or the Present Continuous?
1. You (to speak) English well? 2. You (to quarrel) with them every day. 3. He (to explain) the case now. 4. You (to know) this man? 5. Torn (to see) his boss now. 6. The students (to take) notes now. 7. He (to borrow) always money from his friends but never gives it back. 8. The judge (to hear) the witnesses. 9. You (to forget) your manners? 10. You (to mind) if I give her this book? 11. He (to know) what you mean. 12. What you (to do) tomorrow? 13. He (to go) to London on Sunday.

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14. We (to distrust) our new colleague.

The Past Tense Simple or the Past Tense Continuous?

1. The girl said they (to live) in a big house. 2. My friend would help me if he (to be) here. 3. I shouted to him to stop, but at the moment he (to run) too fast to hear. 4. He understood that there (to be) something wrong. 5. He is speaking as if he (to know) everything about the accident. 6. If she (to understand) you, she would answer your questions. 7. Our neighbours would rather we not (to make) so much noise in the afternoon. 8. He promised me that he would tell me the truth when be (to know) it. 9. What they (to do) when they (to hear) that noise? 10. I wish you (to understand) the situation.

The Present Perfect Simple or the Present Perfect Continuous?

1. Last week we wrote two reports, but this week we (write) only one.

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2. How long (know) him? 3. I (know) Tom since he (work) in our office. 4. We (be) busy lately. 5. Tom (live) in this house for ten years. 6. I (explain) this problem to them for half an hour, but they dont seem to have understood it yet. 7. What will you do after you (finish) school? 8. I hear that your secretary has left. Anybody (appoint) to take her place? 9. A terrible accident (happen): a car ran into a group of children and killed two of them. 10. They (discover) the mistake.

The Past Perfect Simple or the Past Perfect Continuous?

1. The boy explained that he (to see) somebody in the garden. 2. By the time the rain started, we (to dig) the whole garden. 3. No sooner she (to see) the photos than she remembered everything about the accident. 4. None of us knew why they (to hi) in bed since morning. 5. I would have told you the news if you (not to sleep) for half an hour.

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6. I hardly/scarcely (to enter) the room when somebody knocked at the door. 7. I knew she (not to see) him since Christmas. 8. John explained to his father that he (watch) TV at 8 o'clock. 9. They were looking at us as if I though they (not to hear) what we had asked them. 10. We wondered what she (to do) all that time.

Futurity
1. We (to speak) when we think fit. 2. You (to help) me with this report? 3. This time next month we (to travel) to London. 4. What Torn (to tell) us? 5. I (not to tell) you the truth. 6. Tomorrow we (to be) on holiday for one month. 7. At 2 oclock they (to discuss) for four hours. 8. He told me that he (to go) there soon. 9. Torn reminded us that at that time he (to travel) to Paris. 10. The President (to arrive) at 8 oclock.

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3. Supply the correct tense of the verbs given in brackets.

Contraband (to classify) into two categories, absolute contraband and conditional contraband. The former category (to include) arms, munitions, and various materials, such as chemicals and certain types of machinery, that may be used directly to wage war or be converted into instrumentalities of war. Conditional contraband, formerly known as occasional contraband, (to consist) of such materials as provisions and livestock feed. Certain other commodities, including soap, paper, clocks, agricultural machinery, and jewellery, (to classify) as non-contraband, although these distinctions (to prove) meaningless in practice. Under conditions of modern warfare, in which armed conflict (to become) largely a struggle involving the total populations of the contending powers, virtually all commodities are classified by belligerents as absolute contraband. Numerous treaties defining contraband (to conclude) among nations. For the duration of World War I, nearly all cargoes in transit to an enemy nation were treated as contraband of war by the intercepting belligerent, regardless of the nature of the cargo. A similar policy (to inaugurate) by the belligerent powers early in World War II. Copyright is the property right arises automatically on the creation of various categories of work, and (to protect) the right and interest of creators of literary, dramatic, musical, and artistic works, sound recordings, films, broadcasts, satellite and cable programmes, and the typographical

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arrangements of published editions. Copyright (to call) the trading system for works of the mind. Copyright does not have to be registered. Once a work to create in tangible form -- a book, painting, programme, or recording of a piece of music -- the creators or right owners can keep to themselves or authorize to others the exclusive right to copy, publish, perform, broadcast, or adapt their work. The duration, or legal term, of copyright varies internationally, but life-plus-50-years is common in many parts of the world -- that is , copyright to exist in a work for 50 years from the end of the year in which the author (to die). Several countries in the European Union, including the United Kingdom, (to increase) now this term to 70 years. The author or creator of a work is typically the owner of the copyright he or she (to assign) that right to someone else, or completes the work in the course of employment, in which case the employer will own the copyright and be entitled to all the economic but not the moral right in that work.

4. Match the definitions on the right with the terms on the left.
1. above board 2. bible 3. bigwig 4. by the book 5. green horn a. important person b. person who has no experience c. know the procedures d. invariable e. stay out of trouble

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6. hard and fast rule 7. in black and white 8. keep your nose clean 9. know the ropes 10. lay down the law

f. honest g. following rules or orders exactly as they are written h. in writing i. establish and enforce regulations and discipline j. authoritative documents

CULTURAL NOTES
Did you know that the phrase to turn the tables means to give an opponent the same treatment he has been giving you? The expression comes from a popular sixteenth century card game, where a player might have found himself in a worse position than his opponent, and so turned the board or table around to put the other man in the same position. The phrase dramatically tells the story of the war. The Allies at last "turned the tables" on the aggressors and defeated them.

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Two closely related expressions also come from the word table. One is "to put your cards on the table". The other is the phrase, "to deal under the table". An honest man lays his "cards on the table", so to speak. You can clearly see he is not trying to hide anything. He is said "to be above board", out in the open where everything can be examined. But the man who wants to hide his plans and purposes "deals under the table". This expression is used to describe many dishonest activities. One who makes a secret, illegal payment to another is said to be "paying under the table".

WRITTEN ASSIGNMENT

1.

Translate into Romanian the following proverbs:

a) Abundance of law breaks no law. b) Laws catch flies, but let hornets go free. c) Ignorance of the law excuses no man. d) Much law, but little justice. e) Law makers should not be law breakers. 27

f) Wrong laws make short governance. g) Time is the father of truth. h) Truth and oil are ever above. i) Truth is the daughter of time

2. Choose one proverb from the list above and enlarge on it.

3.

Translate into English.

1. Nu ntrezrim nici o dificultate n rezolvarea acelei probleme. 2. M ndoiesc de faptul c ei vor sosi aici la timp. 3. Vorbeti cu un strin. 4. De ce eti aa de pesimist astzi? 5. ofezi ncet astzi? 6. Ce vom discuta la urmtoarea edin? 7. Prietenul tu te tachineaz des? 8. El se ntlnete cu complicele lui acum. 9. Este timpul s studiem germana. 10. Dac vei citi acest scrisoare, vei afla adevrul. 11. Cnd l-ai vazut ultima oar?

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12. Mergeam la serviciu ieri, cnd am vzut o cas n flcri. 13. Alerga pe strad cnd a czut i i-a rupt piciorul. 14. Cnd am plecat de la poliie, Tom nc mai vorbea cu un poliist. 15. Mi-am amintit adresa ei. 16. De ct timp atepi? 17. L-am ntrebat pe poliist de adresa lui John. 18. Ma gndesc la ce a spus de mai mult de dou ore i tot (nc) nu pot s neleg ce s-a ntmplat acolo. 19. Am ncercat adesea s i spun adevrul. 20. I-am mulumit. 21. Tom ne-a spus c fratele su tocmai plecase. 22. Doream s nu fi pierdut trenul. 23. I-am spus prietenului meu c i voi imprumuta cartea dup ce o voi citi. 24. Am anunat poliia despre accident imediat ce a avut loc. 25. Nu ne-am speriat pn nu am auzit zgomotul. 26. Dl. Johnson nu i-a nceput discursul pn nu s-a aezat toat lumea. 27. Dupa ce a citit telegrama, btrna a izbucnit n lacrimi. 28. Incendiul se rspndise i la alte case nainte ca pompierii s soseasc. 29. Cnd poliia a gsit fetia, aceasta se plimba singur pe strzi de ore ntregi.

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30. Ea se uita la noi de parc nu ne recunoscuse. 31. Vrem s ascultm tirile. S dau drumul la radio? 32. Pe vremea aceasta sptmna viitoare voi studia dreptul. 33. Fratele meu va absolvi facultatea n iunie. 34. De ct timp vei fi lucrat n acest birou cnd te vei pensiona? 35. Mi-ai spus c ea va nelege asta mai trziu. 36. Unde i vei petrece acest weekend? 37. Se va opri dac va vedea semaforul. 38. Ei sunt pe cale s fac o mare greeal.

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UNIT 2

CIVIL LAW

PRE-READING
1. What do you know about CIVIL LAW ? 2. Is there any difference between CIVIL LAW and COMMON LAW?

READING / LISTENING 1. Read / Listen to the text and complete the table on the next page. Characteristics Of Civil Law Civil Law is the term applied to a legal tradition originating in ancient Rome and to the contemporary legal systems based on this tradition. Modern civil law systems, which were originally developed in Western European countries, have spread throughout the world. Civil law is

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typically contrasted with common law, a system that evolved in medieval England and that is the basis of law in most of the United Kingdom, Canada, and the United States. The term civil law also applies to all legal proceedings (whether taking place in a civil law or a common law system) that are not criminal in nature.Under this definition laws regulating marriage, contracts, and payment for personal injury are examples of civil law. The most obvious feature of a civil law system is the presence of a written code of law. The code is a systematic and comprehensive compilation of legal rules and principles. Although the contents of codes may vary widely from country to country, all codes are intended as blueprint of social regulation that attempts to guide individuals through society from birth to death. The civil law tradition makes a sharp distinction between private and public law. Private law includes the rules governing civil and commercial relationships such as marriage, divorce, and contractual agreements. Public law consists of matters that concern the government: constitutional law, criminal law and administrative law. In many countries with civil law systems, two sets of courts exist -- those that hear public law cases and those that address matters of private law. The role of judges in civil law jurisdictions differs considerably from that of judges in common law systems. When different facts or new consideration arise, common law judges are free to depart from precedent and establish new law. The civil law tradition views judges as government officials who perform essential but uncreative functions. Civil law judges administer the codes that are written by legal scholars

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and enacted by legislators. They may also consult legal treatises on the issue in question. The civil law system assumes that there is only one correct solution to a specific legal problem. Therefore, judges are not expected to use judicial discretion or to apply their own interpretation to a case. Civil law systems do not have any process like the common law practice of discovery -- the pretrial search for information conducted by the parties involved in the case. The trial of a case under civil law also differs substantially from a common law trial, in which both parties present arguments and witnesses in open court. In civil law systems the judge supervises the collection of evidence and usually examines witnesses in private. Cross-examination of witnesses by the opposing party`s attorney is rare. Instead, a civil law action consists of a series of meetings, hearings, and letters through which testimony is taken, evidence is gathered, and judgment is rendered. This eliminates the need for a trial and, therefore, for a jury. Systems of common law and civil law also differ in how is created and how it can be changed. Common law is derived from custom and precedents (binding judgments made by prior judicial decisions). In the common law system, the precedent itself is law. Therefore, the judges who decide which party will prevail in any given trial are also the creators of common law. Civil law, on the other hand, is made by legislators who strive to supplement and modernize the codes, usually with the advice of legal scholars. Civil law judges administer the law, but they do not create it.

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CIVIL LAW ORIGINS

COMMON LAW

CHARACTERISTICS

DIFFERENCES

2. Refer to the text in order to fill in the missing information in the chart below.

CIVIL LAW in Western

European

Countries &

COMMON LAW in U.K., 2

PRIVATE LAW CIVIL LAW 5 .

4 .
CONSTITUTIONAL

LAW

ADMINISTRATIVE

LAW

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 VOCABULARY PRACTICE Match the words on the left with their corresponding definitions on the right.
1. spread 2. proceedings 3. feature a) including all the necessary details b) a set of written rules or laws c) an official decision which can be used to give legal support to later decisions d) the ability and right to decide exactly what should be done in a particular situation e) a serious book about a particular subject f) cover or stretch over a large area g) a formal statement that something is true h) to make a great effort to achieve sth. i) actions taken in a law court or in a legal case j) a book which is made up of different pieces of information k) a meeting of a court to find out the facts about a case l) characteristic

4.comprehensive

5. compilation 6. code 7. treatis 8. discretion 9. hearing 10. testimony

11. precedent 12. strive

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3. Order the following paragraphs: A. The civil law tradition traces its origin to the Roman
Republic, a city-state that emerged in the 6th century BC and became an important comercial and military power. The early custom and laws of Rome were put in writing for the first time in 451 and 450 BC, when they were inscribed on 12 bronze tablets. The principles contained within these Twelve Tables constituted the basis for all Roman civil law.

B. Toward the end of the 11 th century, when wars subsided in

Europe and trade flourished, scholarly interest in the law resurfaced, especially in Italy. The legal scholars who attempted to revive roman law sought to establish the study of law as a science by interpreting and analyzing the Corpus Juris Civilis. Their method was known as the gloss, and the practitioners of this method became known as the Glossators. Beginning in the 13th century, a group known as the Commentators attempted to integrate the Glossators`interpretations of the Corpus Juris Civilis with customary law and canon, or religious, law.The Commentators focused on the development of a comprehensive legal theory. At this same time, the Corpus Juris Civilis began to be more commonly enforced as legal authority in France and Italy. The revival of the Roman civil law tradition eventually formed the basis for a common legal language throughout Europe.

C. In the 6th century Emperor Justinian I reunified the Roman

Empire, which had been divided into eastern and western parts as a result of invasions during the 5th century. Justinian sought to restore the legal system throughout the empire and appointed a commission to collect and consolidate existing sources of

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Roman law. In 533 and 534 this commission published three books that were collectively known as the Corpus Juris Civilis (Body of Civil Law), or the Justinian Code. The Corpus Juris Civilis embodied many generations of legal pronouncements as well as interpretations by great jurists (legal scholars).

D. The rise of nationalism that began in the 18th century led to

the adoption of distinct civil codes for each European country, of which the French Code Napoleon of 1804 is the most famous. In the early 1900s Switzerland and Germany adopted similar codes. The subject matter of all these codes is almost identical with the first three books of the Corpus Juris Civilis.

E. Much of the western part of the Roman Empire was reconquered by various invaders in the last half of the 6th century. In the resulting chaos, the influence of the Corpus Juris Civilis in those areas diminished. The new rules did not completely adopt Roman law or impose their own system. Instead, over the next several hundred years a partial fusion of local law and the law of the invaders occurred. For example, simple version of Roman civil law heavily influenced by Germanic legal customs were brought by invaders to what is now Italy. F. In 4th century BC the Roman Republic created a
magistrate`s office, known as the praetorship, to hear cases involving civil matters. The sources of law applied by the praetors included the Twelve Tables, resolutions of the Roman Senate, edicts (proclamations) of the praetors, and after Augustus declared himself emperor in the 1st century BC, pronouncements of the emperor.

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READING PRACTICE

AND

VOCABULARY

I. Read the following text and complete the sentences below.

The Civil Law includes the remainder of the law after criminal law. The civil law has many branches, but the principal ones include the law of torts, contracts, real and personal property, estates and trusts, and domestic relations. Civil law exists to resolve conflicts between parties rather than between an offender and society. A civilly injured party is entitled to receive some type of compensation for the injury, and the party responsible for the injury cannot be fined or imprisoned for the act.Injury as used here refers not only to physical injury but to other types such as monetary damage. The Law of Torts A tort is any wrong or damage, except breach of contract, for which a civil action, usually for monetary damages, can be brought by one person against another.Torts fall into two main categories: intentional torts and negligence. Many intentional torts may be crimes as well. Assault and battery afford an example of this. If A commits battery upon B and damages B`s teeth, it will do B little good if A is criminally fined or imprisoned. But B can sue A for battery- a tort- and receive monetary damages from A not only for the dental bills and other out-of-pocket expenses B incurred as a result of the battery but also for pain, suffering, and mental anguish.

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Several other intentional torts include fraud and deceit, libel and slander, the invasion of another`s privacy, the maintenance of a nuisance, and antitrust violations. Businesses that are involved with mass communications, such as newspapers, magazines, and the broadcast media, are apt without utmost care to commit the tort of libel or slander. The damage suffered by a victim is essentially to the person`s reputation as the result of a false statement or imputation. Thus, both libel (written statement) and slander (oral statement) are included in the broad term defamation. The constitutional guarantee of freedom of speech does not protect the tortfeasor who intentionally and knowingly defames the reputation of another. The tort of invasion of privacy stems from the right of the individual to be left alone. Because it is an individual right, it cannot be claimed by a corporation, institution, or business. Damages for intrusion into an individual`s privacy might consist of humiliation or shame, mental distress, or outrage by person of ordinary sesibilities. Nuisance consists of using one`s property in such an unreasonable way as to damage another. The doctrine is really a limitation on the use of property. Many businesses, as a part of a manufacturing process, could cause damage to adjacent property owners. The process could, for example, discharge noxious fumes, which the business should take every precaution to prevent. Environmental pollution may be a public nuisance, and courts could order it abated or stopped. Antitrust violations involve the activities of an unlawful monopoly or combination that injure another. While state antitrust statutes provide for the recovery of actual damages by an injured party, the federal statute, the Sherman Act, provides for treble, or three times, the actual damages.

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Negligence is an unintentional tort for which a person can receive a monetary judgment for damages. In all negligence actions, the standard of care that an individual must exercise is due care under the circumstances. A person is negligent when he or she fails to exercise that degree of care that a reasonably prudent person would have exercised under the same circumstances. Negligence may arise from an act of omission (the failure to do an act a reasonably prudent person would have done under the same circumstances) or an act of commission (the doing of an act that a reasonably prudent person would not have done under the same circumstances). The negligent act - the wrong - must be the proximate cause of the injuries sustained. The Law of Contracts Contracts may be oral or written, express or implied. They include all agreements or promises to buy and sell personal and real property; to perform services; to agree to do or not to do specified acts; to lease property-real or personal; to mortgage or otherwise encumber real or personal property; and to include all dealings and relationships between persons, including marriage, that are not classified as torts or crimes Personal Property The law relating to the sale of personal property is largely contained in Article 2 of the Uniform Commercial Code. Inherent in the ownership of property is the right to transfer or dispose of it. A sale is but one medium through which this may be done. The owner of property may transfer property by will (a bequest) or by making a gift of it. It is difficult to formulate a precise definition of personal property. Clearly the term includes objects other than real property, which consists of land and the buildings on it.

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Personal property is frequently classified as corporeal or incorporeal. The term corporeal personal property refers to personal property that is tangible and includes goods that are also referred to as chattels. Another distinction of corporeal personal property is that it is visible and movable. Incorporeal personal property involves rights rather than tangible objects- patents (grant to the inventor to use, sell or allow others to use the invention exclusively for 17 years); copyrights-(grant giving an author an exclusive right to possess, publish, or sell the production of their intellect); trademarks- (a sign, mark, name or symbol that identifies a business or its product- may be registered- for 20 years and renewed at the same interval; mortgages on both real estate and chattels; leases of apartments, offices and stores; promissory notes; stock certificates; bonds; bank accounts; and even court judgments. II. Finish the sentences using information provided in the paragraphs above. 1. The civil law includes. 2. It has the following principal branches... 3. A tort is .. 4. Torts can be divided into 5. Intentional torts include . 6. Libel and slander are included in the broad term .. 7. Negligence is . 8. Incorporeal personal property involves..

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III. Find the words whose definitions are given below: someone guilty of a crime a wound or damage to part of your body caused by an attack the crime of attacking someone to make a legal claim against someone to put yourself in an unpleasant situation by your own actions mental or physical suffering caused by extreme pain or worry the most that can be done the opinion that people have about a particular person a statement that someone is guilty of a crime or of doing sth. Bad delinquent great pain a very cruel, violent, and shocking action

IV. Fill in the missing words in the sentences below. Choose from the following:
arrested verdict fine juvenile delinquent bail prosecution Crown Court remanded in custody proof charged sentenced Magistrates Court probation defence witness testimony arson burglary imprisonment solicitor barrister evidence commit embezzlement shoplifting

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1. The number of young people who .crimes has risen sharply in recent years. 2. Another house was broken into last week. This is the thirdin the area in the past month. 3. The judge.him to seven

years..for armed robbery. 4. After twelve hours, the Jury finally reached

its.: the prisoner was guilty. 5. Although the police suspected that he had been involved in the robbery, since they had no

definitethere was nothing they could do about it. 6. He parked his car in the wrong place and he had to pay a 20$ parking . 7. This is the fourth fire in the area recently. The police suspect. 8. The shop decided to install closed-circuit television in an effort to combat the problem of 9. He was by the police outside a pub in Soho and.with murder.

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10. There

are

two

criminal minor

courts

in

Britain and

-the.

the.for

offences

for more serious ones. 11. A.is a young person who breaks the law. 12. A...is someone who sees a crime being committed. 13. The lawyer who prepares the case for his/her client prior to appearing in court is called

a.. 14. The sum of money left with a court of law so that a prisoner may be set free until his/her trial comes up is called.. 15. The bank manager admitted taking 250,000$ of the banks money during the previous five years. He was found guilty of 16. The witness held the Bible in her right hand and said: I swear by Almighty God that theI shall give shall be the truth, the whole truth, and nothing but the truth. 17. The formal statement made by a witness in court is called a

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18. If a person is, this means that s/he is put in prison before his/her trial. 19. Since it was his first offence, he was not sent to prison but put onfor six months. 20. At a trial, the barrister who speaks for the accused is called the Counsel for the, while the barrister who speaks against him is called the Counsel for the.

V. Match the words in the two columns.

1. white-collar job 2. off the record 3. piece of cake 4. go to law 5. up in the air 6. broad picture 7. over my head 8. brain 9. whitewash 10. backbreaker a. an intelligent person b. not yet decided/resolved c. difficult to understand d. hide/cover up mistakes/failures e. difficult job f. job where you work at a desk g. a general overview of a situation h. not official i. sue j. extremely easy

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GROUP WORK. Make comments on: Honesty is the best policy. GRAMMAR PRACTICE MODAL VERBS (REVIEW) 1. Underline the modal verbs in the text below. Explain their usage.
The variability of standard of proof in the common law system is well known. But one could label the penal beyond reasonable doubt the 100% conviction rule, whilst the civil balance of probabilities would be the 51% conviction rule. On the other hand, the standard of proof required in civil and penal law in France is the same: the judge has to be convinced, without a shadow of a doubt, of a persons fault, be it penal fault. The outcome is that where a civil and a penal action are concurrently pending, the civil case is stayed until the penal decision is taken. To avoid any delay for victims, they are given the possibility of joining their civil action to the criminal proceedings, which they do in the immense majority of cases. They enjoy the added advantage of seeing the prosecution doing the hard work of establishing proof of guilt and footing the costs. There are extensive rules governing the gathering and weighing of evidence in civil cases. The emphasis is maybe stronger than in Common Law trials on the written evidence and the rules governing its admissibility.

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A striking difference between French and British civil proceedings is that the great majority of the former end in a written and reasoned judgment, whereas the latter experience a considerable rate of pre-trial settlements. The suspicion here is that a great number of settlements in England are due simply to the cost of proceedings. To conclude, I would assert that civil law procedural systems do have a law of evidence. It addresses the subject matter from a different angle to that of common law proceedings, but it also practices the right to silence, the exclusion of evidence and therefore also pens the possibility for manipulation of evidence by lawyers. But it is true that the investigative duty the continental judge is held to discharge limits the extent of the risk, and that there is no limit on what he may hear, even if he later discards irregular evidence.

2.

Group work. Make a list with the modal verbs that you know. Use each one in sentences of your own. Write them on the blackboard and correct the mistakes.

3. Translate into English:

1) Harry poate s ne ajute mine. 2) Acuzatul nu ar fi putut s dea un rspuns mai bun dect acesta.

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3) Cu toate c oferul a fost grav rnit, a putut s ias din main nainte ca motorul s explodeze. 4) Deoarece aveam toate documentele n ordine, am putut s trecem prin vam rapid. 5) Nu l putem recunoate acum, dar puteam s-l recunoatem cnd avea musta. 6) Este posibil s plou la noapte. 7) Vorbete mai tare, astfel nct s te putem auzi. 8) Este posibil ca vecinii notrii s fi auzit nite zgomote cnd maina ne-a fost furat. 9) Dac vorbeti engleza bine, ai putea obine slujba aceea. 10) Astzi este miercuri, aa c Tom trebuie s mearg la universitate. El a trebuit s mearg acolo ieri i va trebui s mearg i mine, de asemenea. 11) Nu putem discuta chestiunea aceasta alt dat? Nu, trebuie s o discutm acum. 12) Copii nu trebuie s traverseze strada pe aici. 13) In Romnia traficul trebuie meninut pe partea dreapt, n timp ce n Anglia trebuie s fie pe partea stng. 14) i voi spune secretul acesta, dar nu trebuie s spui nimnui despre el.

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15) Nu este nevoie s mergem la serviciu mine, dar eful trebuie s mearg. 16) Este nevoie s merg acolo n fiecare zi? Este nevoie s merg acolo acum? 17) Nu a fost nevoie s bat la u deoarece era deschis. 18) Ar fi trebuit s ncui ua nainte de a pleca de acas. 19) Am stins luminile pentru ca nimeni s nu observe c eram acolo. 20) A nchis geamul de team s nu l aud vecinul su. 21) Este recomandabil ca el s ncerce s-l gseasc. 22) Este corect ca el s spun adevrul de la nceput. 23) Ce ar face dac s-ar ntmpla s gseasc un paaport pe strad? 24) Ar trebui s fii atent la regulile de circulaie! 25) Ea ar trebui s-i ndemne toi prietenii s participe la ntlnire. 26) V deranjeaz dac repetai ntrebarea? 27) Biatul a promis c va fi aici la prnz. 28) Tom obinuia s fumeze mult cnd era n armat? 29) Cum au ndrznit s vin aa de trziu? 30) Nu ndrznete s se arate n faa noastr.

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WRITTEN ASSIGNMENT
Enlarge on: Corruption of the best becomes the worst. Knavery may serve for a turn, but honesty is best at long run. Better speak truth rudely, than lie correctly. Face to face, the truth comes out. The sting of a reproach is the truth of it.

Topics for Presentations

Common Law vs. Continental Law The Adversary System

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UNIT 3

CRIMINAL LAW

PRE-READING DISCUSSION 1. What do you understand by LAW ? 2. Do you know anything about CRIMINAL LAW? READING Read the following to check your knowledge:
Criminal Law is the branch of law that defines crimes, establishes punishments, and regulates the investigation and prosecution of people accused of committing crimes. Criminal law includes both substantive law and criminal procedure, which regulates the implementation and enforcement of substantive criminal law. Substantive criminal law defines crime and punishment. On the other hand, criminal procedure is concerned with the legal rules followed and the steps taken to investigate, apprehend, charge, prosecute, convict, and sentence to punishment individuals who violate substantive criminal law.

51

In the common law system, judges decide cases by referring to principles set forth in previous judicial decisions. Common law systems are typically contrasted with civil law systems, which are found in most Western European countries, much of Latin America and Africa, and parts of Asia. In civil law systems, judges decide cases by referring to statutes, which are enacted by legislatures and compiled in comprehensive books called codes. Criminal law seeks to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who are tempted to do harm. The harm that criminal law aims to prevent varies. It may be physical harm, death, or bodily injury to human beings; the loss of or damage to property; sexual immorality; danger to the government; disturbance of the public peace and order; or injury to the public health.

READING COMPREHENSION PRACTICE I. Try to give a title for each paragraph

II. Find words in the text above corresponding to the following definitions: 1. the process of bringing a charge against someone for a crime 2. making people obey a rule or law 3. to find and take away a criminal 4. to prove or officially announce that someone is guilty of a crime after a trial 5. a law passed by a parliament 6. damage, injury 52

7. a situation in which people fight or behave violently in public 8. no trouble or crime

VOCABULARY AND GRAMMAR PRACTICE

1. Match the definitions on the right with the terms on the left: 1. retribution 2. deterrence 3. restraint 4. rehabilitation 5. restoration a. punishment denying the criminal the oportunity to commit further crimes b. compensation for victims c. punishment as a device for ensuring that offenders pay for past misconduct d. punishment dissuading the offender from repeating the crime e. providing offenders with education and treatment

2. Complete the following sentences with the correct form of the words in brackets:
Defence is a term that refers to numerous claims that serve to rebut, mitigate, justify, or excuse conduct that the state has labelled criminal.The defence of (sanity) is based on the premise that those who are unable to control their actions or appreciate the (crime) of their actions due to mental (ill) should not be under (crime) law. A perpetrators youth has long been a defence to criminal charges because children are deemed incapable of making rational decisions for which they should be held (account). For intoxication to be used as a defence against a crime, it must be (voluntary). A person who commits a crime because another is exerting extreme influence or (press) upon them may have the 53

defense of duress/coercion. As a general rule, the law provides a defence for actions that (reason) appear necessary to protect oneself from the imminent use of (law) force.

3. Read the definitions below the chart and then fill in the suitable column:
crimes against person crimes against property crimes crimes against against habitation sexual morality crimes against gvt.

Larceny (commonly called and widely spread as theft) is often divided into two degrees: grand larceny and petit larceny. The line between the two depends upon the value of the property stolen. Grand larceny is commonly a felony, while petit larceny is a misdemeanor. Arson is the malicious and voluntary burning of the dwelling house of another. Adultery is the crime of any married person who cohabits or has sexual intercourse with another person who is not his or her spouse.

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Murder is defined as the unlawful killing of a human being by a person who had an intent to kill.The intent is known as malice aforethought. No actual hatred, ill will, or spite is required. Burglary The common law definition of burglary is breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein. Manslaughter is defined as the unlawful killing of another without malice aforethought. It is generally divided into two branches: voluntary and involuntary manslaughter. Embezzlement occurs when a person who has lawful possession of anothers money or property fraudulently converts that money or property to his/her own use. Assault and Battery are common law crimes that differ from murder and manslaughter primarily in that the victim is not killed. But assault (an attempt to inflict bodily injury upon another) and battery with a deadly weapon or with intent to commit some other crime (such as rape) are commonly punishable as felonies, while simple assault and battery are considered misdemeanors. Perjury is defined as willfully giving a false statement while under oath concerning a material matter in a judicial proceeding. Kidnapping is the felony involving the seizure, confinement, and, perhaps, the carrying away of another by force (or threat of force) against his/her will. An aggravated form of kidnapping occurs if the purpose of the act is to obtain ransom or reward; use the victim as a shield or hostage; facilitate the

55

commission of another offense, such as robbery or rape; or terrorize or inflict bodily injury on the victim. Robbery is a form of aggravated larceny - a combination of assault or battery, plus larceny. Bigamy is committed by a person who willfully and knowingly enters into a marriage before a prior marriage has been legally terminated by divorce, annulment, or death of the spouse. Prostitution involves the exchange of sexual contact or favors for money or its equivalent. The crime of pandering (pimping) involves the promotion of prostitution by enticing or procuring persons to engage in prostitution. Bribery is defined as giving or promising to give a public official something of value with a corrupt intent to influence the official in the discharge of his or her official duty. Extortion / blackmail differs from robbery in that the threats, stated or implied, that cause the victim to give money or property to the offender are not threats of immediate violence but rather threats (intimidation) of future harm. Forgery is a false writing or a genuine writing materially altered, that either has legal significance or is commonly relied upon in business transactions. Incest consists of either cohabitation or sexual intercourse between closely related persons, such as between parent and child or between siblings. Treason consists of attempting by overt acts to overthrow or levy war against the government, to adhere oneself to the

56

enemies of the government, or to give aid and comfort to the enemy.

4. Suggest your own comprehension questions to the following extract :

ELEMENTS OF A CRIME Certain elements, or factors, must coexist in order for behavior to constitute a crime. To be guilty of a crime, a person must commit an either voluntary physical act or fail to act when s/he had a legal duty to do so. In other words, there is no criminal liability for bad thoughts alone. Thus, a child may earnestly wish a parent dead and may even think about killing the parent. But even if the parent should coincidentally die, the child is not a murderer, provided that he or she took no action to bring about the parents death. Most crimes are committed by a specific actionfor example, the pulling of a trigger or the thrusting of a knife in murder, or the lighting of a fire in arson. Some crimes, however, are defined in terms of omission or failure to act. For example, it is a crime not to file an income tax return. A person who has a special relationship with another or has voluntarily assumed a duty to help another may be guilty of a crime if he or she fails to act. For example, a parent is obligated to rescue his or her child from danger and a lifeguard on duty must attempt to rescue a drowning swimmer if it is physically possible for the parent or lifeguard to do so. Although the duty to rescue a person who is in danger is limited, parents owe a duty to their young children and lifeguards to swimmers in their charge.

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To be guilty of a crime, the person must also have had the intent to act in a harmful way. This element is sometimes called the requirement of mental fault (mens rea, Latin for guilty mind.) Thus, many crimes are defined in terms of intentionally, knowingly, maliciously, willfully, recklessly, or negligently acting or bringing about a result, or of conducting oneself with intent to accomplish a specified consequence. There is no criminal liability unless the criminal act and the required intent concur. Thus it is not murder if a man desires to kill his brother and, while driving to the store to purchase a gun for this purpose, accidentally runs over and kills his brother who happens to be crossing the street. On the other hand, if one intends harm to a particular person or object and, in attempting to carry out that intent, causes a similar harm to another person or object, one's intent will be transferred from the target person or object to the person or object actually harmed. For example, if a woman shoots at a man with the intent to kill him but, due to poor aim, misses the man and hits and kills a child nearby, the shooters intent to kill the man is transferred to the child and the woman is liable for the childs murder.

5. Match each text with the corresponding headline:

Duress Entrapment Intoxication

Self-Defense Age

Insanity Mistake

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A. Defence is a broad term that refers to numerous claims that serve to rebut, mitigate, justify, or excuse conduct that the state has labeled criminal. This defense is based on the premise that those who are unable to control their actions or appreciate the criminality of their actions due to mental defect or illness should not be punished under criminal law. It is a legal test of criminal responsibility and does not strictly conform to the medical definition of mental illness. Although a great deal of publicity is usually generated when it is invoked, it is rarely used and infrequently successful.Evidence of the accused persons diminished capacity may reduce the severity of the crime charged or of the sentence imposed upon conviction. B. A perpetrator's youth has long been a defense to criminal charges because children are deemed incapable of making rational decisions for which they should be held accountable. Under the common law, a child under seven is deemed too young to be criminally responsible. A child between seven and fourteen cannot be convicted of crime without proof that s/he knows the difference between right and wrong; but any child older than that is deemed sufficiently mature to be criminally responsible in most circumstances. Under these statutes children who commit crimes are considered guilty of delinquency rather than of a criminal act, based on the theory that children need help more than punishment. C. Whether caused by alcohol, illegal drugs, or prescribed medications, this may produce a state of mind resembling insanity. An offender in this state often cannot distinguish right from wrong or may have an irresistible

59

impulse; in order to be used as a defense against a crime, it must be involuntary. D. A person who commits a crime because another is exerting extreme influence or pressure upon them may have this defense. Most jurisdictions allow it only when the pressure exerted is immediate and substantial, such as the threat of death or serious bodily harm; the coercion is such that a reasonable person in the offender's position would have committed the crime; the offender did not willingly participate in creating a situation where coercion was likely. For example, if a woman kills a man because another person who is armed threatens to kill her if she does not, she would have this defense to any charge of murder. E. This one constitutes a defense to criminal liability if it can be shown that, owing to it, the accused person lacked the mental fault required to commit the crime in question. If a person unintentionally takes another's coat, believing that it is his/her own coat, this thing negates the intent to steal that is required for the crime of larceny. On the other hand, if a person, with the intent to steal, takes another's coat believing that the coat belongs to a third person, this does not negate the persons intent to steal, and s/he is guilty of larceny. F. As a general rule, the law provides a defense for actions that reasonably appear necessary to protect oneself from the imminent use of unlawful force. For example, a person is justified in the use of deadly force if s/he reasonably believes that deadly force is necessary to prevent an act that would cause immediate death or serious bodily injury to him/herself. If so acting, one may respond only with force proportional to the force defended against or necessary to resist the unlawful attack, even deadly force in response to

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deadly force. One who has initiated or provoked an attack generally may not claim this kind of defense. G. A person who is induced by the police to commit a crime that s/he would not have otherwise undertaken can claim this defense. To prove it, one must show that the idea for committing the crime originated with a law enforcement agent, that the agent persuaded him/ her to commit the crime, and that s/he was not predisposed to commit such a crime. A person cannot successfully claim this defense if the police officer merely furnishes the person with a favorable opportunity to commit crime-for example, by pretending to be intoxicated in order to catch a pickpocket who has been targeting drunk individuals.

GRAMMAR PRACTICE THE GERUND AND THE INFINITIVE (Review)

The Constitution gives the federal government authority over certain limited subjects, such as the power to tax, to regulate interstate commerce, to declare war, and to regulate the mail. These powers include an implied authority to define some crimes. For example, the taxation power includes the authority to make it a crime to fail to file an income-tax return or to understate income in a return that is filed. The authority over mail includes the implied power to make it a crime to use the mail to defraud or to distribute obscene publications. The Constitution explicitly grants power to define criminal behavior. For example, it gives the federal government the authority to punish counterfeiting, treason, and felonies committed on the high seas (such as piracy) and to govern land areas in the United States devoted to federal uses, such

61

as military bases and national parks. The federal government may also protect itself from harm. The states retain broad power to make law, including criminal law, over matters not delegated by the U.S. Constitution to the federal government or specifically denied to the states. In fact, the states have primary responsibility for defining and enforcing criminal law. The vast majority of all criminal prosecutions take place in state courts under state criminal codes. Each state, within its own territory, has socalled police powers to make and enforce such laws as it deems necessary or appropriate for promoting the public health, safety, morals, or welfare.

6. Study the following words:

burglary/robbery It is a crime to take another`s property without his/her consent and with the intention of depriving the person of it. The general term for such a criminal act is theft; the legal term is larceny. Two related legal terms thatare used in everyday speech and writing are burglary and robbery. Burglary once implied breaking into a dwelling at night with intent to commit a crime; however, in its broader current definitions, entry need not be gained by breaking in, the structure need not be a dwelling, and the act can be carried out at any time. Robbery implies the unlawful taking of money, personal property, or any other article of value from another person, against his or her will and by force or intimidation. That is, the victim need not be home when a burglar enters, but of course is present when he or she is forcibly stopped and robbed.

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cardsharp/ card shark Over the years, a person who swindles, cheats, or otherwise victimizes others has been called both a sharp( or sharper) and a shark. In informal American English, The terms cardsharp( or cardsharper) and card shark are applied interchangeably to someone, especially a professional gambler, who cheats at card games. But card shark refers also to an expert, though not necessarily dishonest, card player. quack/charlatan Both quack and charlatan apply to a person who unscrupulously pretends to knowledge or skill he or she does not possess. However, quack almost always is used for a fraudulent or incompetent practitioner of medicine. One might say, for example, Charlatans often dazzle party guests with astrological predictions, but Quacks are cashing in on the AIDS epidemic. vagrant/ tramp Vagrant refers to a person without a fixed home who wanders about from place to place, getting along mainly by begging. In legal usage, the term designates an idle or disorderly person whose way of living makes him or her liable to arrest and detention. Vagabond originaly implied shiftlessness or roguishness but now often connotes no more than a carefree, roaming existence. Tramp, drifter, derelict, and the Americanisms bum and hobo are sometimes used as informal substitutes for vagrant and vagabond. Bum, however, suggest an idle, dissolute, often

63

alcoholic person who lives either by begging or by doing odd jobs. Hobo is also applied to a migratory worker. The homeless refers to a group of destitute individuals and families, often recently poor or mentally ill, who lack the financial resources to have a home. These people, largely rejected by society, can be seen especially in large urban centers. Bag lady is a 1970s slang term for a homeless, destitute, usually elderly woman who wanders the streets of a city. The name comes from the fact that she carries her few possessions with her, usually in shopping bags. Such a hapless man is likely to be called a bum or a drifter- not a bagman, for this slang term denotes a go-between in offering bribes, collecting money for the numbers racket, or engaging in similar shady activities.

7. Put each of the following words and phrases into its correct place in the passage below.
bigamy countries fine misdemeanour prison community civil crimes criminal law forgery laws offences state penalty Term classes felony life imprisonment person treason

Crime
Crime violates the laws of a community, . or nation.It is punishable in accordance with these . The definition of crime varies according to time and place, but the laws of most consider as crimes such .. as arson, .. , burglary, .. , murder, and ... . 64

Not all offences against the law are .. .The laws that set down the punishments for crimes form the . This law defines as crimes those offences considered most harmful to the . On the other hand, a may wrong someone else other way that offends the .. law. The common law recognizes three .. of crime: treason, .. and misdemeanour. Death or is the usual for treason. Laws in the United States, for example, define a felony as a crime that is punishable by a of one year or more in a state or federal .. .A person who commits a may be punished by a or a jail term of less than one year.

8. Give the name of the defined law breaker.

1. steals 2. steals purses and wallets 3. gets money by threatening to disclose personal information 4. seizes airplanes 5. takes things from shops without paying 6. kills people 7. steals from houses or offices 8. steals from banks or trains 9. takes people hostage for a ransom 10. steals government secrets 11. willfully destroys property 12. marries illegally while being married _____ ___k______ ____k______ __ j_____ _ _ _ _ _ i_ _ _ _ __r_____ ___ g___ __b___ ___n_____ ___ v_____ b_ _ _ _ _ _ _

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9. Choose the correct answer.

1. This was one of the few crimes he did not .. . a) achieve b) commit c) make d) perform 2. The .. are still holding twelve people hostage on the plane. a) bandits b) guerrillas c) hijackers d) kidnappers 3. He was charged with a(n) .. of currency regulations. a) break b) breach c) disrespect d) observance 4. Our insurance policy offers immediate .. against the risk of burglary, accident or damage by fire. a) care b) cover c) relief d) security 5. The man jumped out of the window and committed .. . a) death b) homicide c) murder d) suicide 6. Thieves will be . a) liable b) lifted c) persecuted

d) prosecuted

7. Police blamed a small hooligan in the crowd for the violence wich occurred. a) constituent b) division c) element d) portion 8. The police said there was no sign of a .. entry even though the house had been burgled. a) broken b) burst c) forced d) smashed 9. The police car raced down the street with the .. blaring. a) alarm b)bell c) gong d) siren

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10. The tourist`s camera was because he had brought it into the country illegally. a) bereaved b) confiscated c) deprived d) extorted 11. Look, Officer. I`m not drunk. I`m as as a judge. a) calm b) clear c) sober d) steady 12. He said he would sue us, but I don`t think he`ll his threat. a) achieve b) bring about c) carry out d) perform 13. The conspiration were plotting the .. of the government. a) catastrophe b) disaster c) demolition d) overthrow 14. The thieves .. the papers all over the room while they were searching for the money. a) broadcast b) scattered c) sowed d) strayed 15. Ms. Goodheart was completely .. by the thiefs disguise. a) taken away b) taken down c) taken in d) taken up 16. The police caught the thief .. . a) in black and white b) in the red c) red-handed

d) true blue

17. He was arrested for trying pass .. notes at the bank. a) camouflaged b) counterfeit c) fake d) fraudulent 18. He offered me $ 500 to break my contract. Thats .. . a) blackmail b) bribery c) compensation d) reward 19. The child was kidnapped by a notorius .. of robbers. a) crew b) gang c) staff d) team

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20. The burglar .. silently into the room. a) crept b) stood c) strode d) wantered

10. Match the criminal with the definition.

1. an arsonist 2. an assasin 3. a deserter 4. an embezzler 5. a forger 6. a fraud or con man 7. a hooligan 8. a mugger 9. a poacher 10. a racketeer 11. a smuggler 12. a terrorist a) tries to enforce his political demands by carrying out or threatening acts of violence b) pretends or claims to be what he is not c) makes money by dishonest business methods, e.g. by selling worthless goods d) steals from his own company e) attacks and robs people especially in public places f) sets fire to property g) kills for political reasons or reward h) brings goods into one country from another illegally i) hunts illegally on somebody elses land j) makes false money or documents k) a soldier who leaves the armed forces without permission l) causes damage or disturbance in public places

11. Choose the right answer.

1. The spy .. the desk in a attempt to find the secret documents. a) invaded b) kidnapped c) looted d) ransacked

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2. The safe deposit box .. a high-pitched sound when it was moved. a) ejected b) emitted c) expelled d) excluded 3. He .. his fist and threatened to hit me. a) clenched b) clutched c) grabbed

d) gripped

4. Thieves got away with a .. of jewellery worth thousands of pounds. a) catch b) haul c) loot d) snatch 5. The burglars presence was betrayed by a .. floorboard. a) cracking b) creaking c) crunching d) groaning 6. Smuglers consistently .. import regulations. a) break b) flaunt c) float

d) flout

7. Luckily my wallet was handed in to the police with its contents .. . a) contained b) intact c) missing d) preserved 8. The intruder was badly .. by the guard dog in the palace garden. a) damaged b) eaten c) mauled d) violated 9. When the police examined the house they found that the lock had been .. with. a) broken b) hindered c) tampered d) touched 10. The hooligan .. the money out of my hand and ran away. a) clutched b) gripped c) snatched d) withdrew

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12. There are many crimes and offences apart from the few mentioned above. Explain, define or give examples of the offences listed below.
blackmail kidnapping arson trespassing manslaughter smuggling forgery bigamy baby / wife - battering conspiracy fraud driving without due care and attention mugging - robbery with violence drug peddling espionage - spying shoplifting treason hijacking obscenity bribery and corruption petty theft

13. Which of the above would or could involve the following ?

1 counterfeit money 2 pornography 3 hostages 4 a ransom 7 state secrets 5 heroin 8 contraband 6 a traitor 9 a store detective

14. Work in pairs or groups. Imagine you are burglars or bank robbers. What plans must you make if you want to succeed ?

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GRAMMAR PRACTICE THE GERUND AND THE INFINITIVE (REVIEW)

Translate the following sentences into English using either the Gerund or the Infinitive. Te deranjeaz dac mergi la poliie cu mine? Ea ne-a sftuit unde s i cutm. S-a dovedit c el spusese adevrul. Am insistat ca el s fie prezent acolo. Tom a nceput prin a ne atrage atenia asupra acelei probleme grave. 6) Brbatul acela a fost acuzat de furt i de uciderea unor oameni nevinovai. 7) Toat noaptea ea a evitat s vorbeasc despre accident. 8) Poliistul mi-a recomandat s nu merg cu vitez. 9) M atept ca el s ne fi neles. 10) Ei au nceput s vorbeasc despre accident. 11) Am ncercat s o mpiedicm s vad cadavrul. 12) Cu toate c ne-au vzut, au continuat s se certe. WRITTEN ASSIGNMENT 1. Enlarge on: Never ask pardon before you are accused. Woe be to him whose advocate becomes his accuser. A guilty consciences needs no accuser. 2. Write a short story about something that you did badly. Give it a title (The Worst or The Least Successful). 1) 2) 3) 4) 5)

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UNIT 4

CRIMINAL PROCEDURE

PRE-READING
1) Why do people commit crimes? In five minutes write down as many reasons for committing crimes as you can think of. Afterwards compare with others. 2) What is criminal procedure? READING Read the text and complete the table below:
Criminal Procedure is the body of law regulating the inquiry into whether a person has violated criminal law. Criminal procedure governs the investigation of crimes; the arrest, charging, and trial of accused criminals; and the sentencing of those convicted (found guilty of a crime). It also regulates the convicted persons possible appeal for review of the trial courts decision. Legal systems based on the common law tradition, such as those in England, Canada, and the United States, are typically contrasted with civil law systems, which are found in many Western European countries, much of Latin America and 72

Africa, and parts of Asia. Civil law and common law systems have entirely different approaches to criminal procedure. Most countries with civil law systems use what is known as the inquisitorial system. Common law countries use what is called the adversarial system. The inquisitorial process is characterized by a continuing investigation conducted initially by police and then more extensively by an impartial examining magistrate. This system assumes that an accurate verdict is most likely to arise from a careful and exhaustive investigation. The examining magistrate serves as the lead investigator an inquisitor who directs the fact-gathering process by questioning witnesses, interrogating the suspect, and collecting other evidence. The attorneys for the prosecution (the accuser) and defense (the accused) play a limited role in offering legal arguments and interpretations that they believe the court should give to the facts that are discovered. All parties, including the accused, are expected to cooperate in the investigation by answering the magistrates questions and supplying relevant evidence. The case proceeds to trial only after completion of the examining phase and the resolution of factual uncertainties, and only if the examining magistrate determines that there is sufficient evidence of guilt. Under the inquisitorial approach, the trial is merely the public finale of the ongoing investigation. Critics argue that the inquisitorial system places too much unchecked power in the examining magistrate and judge, who both investigate and adjudicate the case. In a common law, an adversarial approach is used to investigate and adjudicate guilt or innocence. The adversarial system assumes that truth that is, an accurate verdict is most likely to result from the open competition between the prosecution and the defense.

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Primary responsibility for the presentation of evidence and legal arguments lies with the opposing parties, not with a judge. Each side, acting in its self-interest, is expected to present facts and interpretations of the law in a way most favorable to its interests. The approach presumes that the accused is innocent, and the burden of proving guilt rests with the prosecution. Through counterargument and crossexamination, each side is expected to test the truthfulness, relevancy, and sufficiency of the opponents evidence and arguments. The adversarial system places decision-making authority in the hands of neutral decision makers. The judge ascertains the applicable law and jury determines the facts. Critics of the adversarial approach argue that the pursuit of winning often overshadows the search for truth. Furthermore, inequalities between the parties in resources and in the abilities of the attorneys may distort the outcome of the adversarial contest.
Investigation Role played (conducted by by) attorneys Phases (steps)

System

Countries

Drawbacks

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 VOCABULARY PRACTICE 1) Find words in the text which could be replaced by:
a) an official process, in the form of serious of meetings, intended to find out why something happened b) to disobey or do something against an official agreement, law, principle c) a method of doing something, or dealing with a problem d) fair e) extremely thorough f) an official who is asking lots of difficult questions g) information given in a court of law in order to prove that someone is guilty h) solution i) legally determine/decide who is right in an argument between two groups j) the fact of being not guilty of a crime k) the duty to prove something l) giving true facts about something m) being directly connected with the subject or problem being discussed or considered n) the act of trying to achieve something in a determined way o) to explain a fact or statement in a way that changes its real meaning p) final result

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2)

Pair Work. Ask your colleague questions and fill in the gaps. Text for student A

The United States has a federal system, meaning that power is divided between a (A1) authority and many state or local authorities. Thus, there are 51 different sets of criminal procedural law in the United States that of the federal government and one for each of the 50 states. In addition, separate (A2) procedures exist for military courts and for federal territories. The procedures adopted by each state and federal government vary. However, the shared heritage of the English common law provides significant (A3) in the basic structure of the process. Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. Federal Criminal Procedure - A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is (A4), first of all, by certain provisions of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Fourth Amendment protects citizens from unreasonable (A5) and seizures and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. The Fifth 76

Amendment requires that government procedures adhere to due process of law, which means basic standards of (A6) and equity. Under the Sixth Amendment, a (A7) is guaranteed a speedy and public jury trial during which the defendant will get notice of the charges he or she faces and may call witnesses and face his or her accusers. The Eighth Amendment prohibits excessive (A8), excessive fines, and cruel and unusual punishments. State Criminal Procedure A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the (A9), statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants. State constitutions generally (A10) a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal constitutional requirements. The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution.

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Text for student B

The United States has a federal system, meaning that power is divided between a central authority and many state or (B1) authorities. Thus, there are 51 different sets of criminal procedural law in the United States that of the federal government and one for each of the 50 states. In addition, separate criminal procedures exist for military (B2) and for federal territories. The procedures adopted by each state and federal government vary. However, the shared heritage of the English common law provides significant similarities in the basic structure of the (B3). Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. Federal Criminal Procedure - A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is governed, first of all, by certain (B4) of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Fourth Amendment protects citizens from unreasonable searches and (B5) and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. The Fifth Amendment requires that government procedures adhere to due process of law, which means basic standards of fairness and (B6). Under the Sixth Amendment, a defendant is guaranteed a speedy and public jury trial during which the 78

defendant will get notice of the (B7) he or she faces and may call witnesses and face his or her accusers. The Eighth Amendment prohibits excessive bail, excessive (B8), and cruel and unusual punishments. State Criminal Procedure A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the constitution, statutes, rules, and (B9) decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants. State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal (B10) requirements. The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution.

3) Read about Pretrial events, match the actions with their corresponding paragraph, then sort out the correct order in which they would normally occur by placing them in the grid:
Arraignment on the Preparation Investigation Indictment for Trial and Arrest or Information Preliminary Hearing or Indictment First Judicial Appearance

Bail

Booking

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The rules of criminal procedure affect many actions prior to the formal trial of the defendant. Even before a suspect is arrested, certain procedural rules govern the activities of the police and the rights of the suspect. After an arrest is made, a series of events takes place leading up to either release, a guilty plea, or a trial to determine the accused persons guilt or innocence. All of these events are governed by the rules of criminal procedure. A.___ Within a reasonable time after the arrest, the accused must be taken before a magistrate and informed of the charge. The magistrate will ascertain that the person before the court is, in fact, the individual referred to in the complaint (an initial charging document). The magistrate also will notify the accused of various legal rights, such as the right to remain silent and the right to assistance of counsel. If the accused is indigent (poor) and desires the assistance of an appointed attorney, the process for securing an attorney at the state's expense will be initiated (known as public defenders in some jurisdictions, to defend those who cannot afford a private attorney). B.___ A neutral body-either a group of citizens or a judgereviews the case against the accused and decides whether he or she should be tried. These proceedings are designed to review the government's decision to prosecute in order to prevent governmental abuse of power. If, after hearing the evidence, the presiding judge or grand jury finds there is probable cause to believe the accused committed the offense, legal proceedings against the accused continue. If the prosecution's evidence is found insufficient, the charges are dismissed and the accused is released. However, the person can be rearrested and recharged if the prosecutors develop or find further evidence supporting the charge. If the grand jury finds

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sufficient evidence to justify a trial on the crime charged, it issues an indictment - a formal document containing a plain statement of the facts constituting the offense charged. The indictment or information replaces the complaint as the formal charging document in the case. Once the formal accusation has been issued, the accused is referred to as the defendant. A copy of the accusation is given to the defendant before s/he is called. C.___ The defendant is entitled to a speedy trial, although not so speedy as to deny sufficient time to prepare an adequate defense. The defendant may ask for a postponement if more time is needed. Although the defendant is entitled to be tried in the county or district where the crime was committed, he or she may file a motion asking the court for a change of venuethat is, a move of the trial to a court in another locality. A change of venue is common when a fair trial in the district would be impossible due to pretrial publicity or public hostility to the defendant. Prior to the trial, the prosecutor is required to turn over to the defendant information favorable to him or her on issues that will be tried. D.___ refers to the security that the accused gives to the court to guarantee his or her appearance at subsequent judicial proceedings. The accused person's promise to return for trial is secured by some form of collateral, such as money or property (fixed by the judge or magistrate), that the accused forfeits if he or she does not show up for trial. The system attempts to balance the due process rights of the accused with the state's need to ensure that a person accused of a crime will return for trial. E. ___ is the process of taking a person into custody for the purpose of charging that person with a crime,(the first step in a

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criminal prosecution). It can be made with or without a warrant. Before questioning a suspect in custody, the police must inform him or her of certain legal rights, including the right to remain silent and the right to have an attorney present during questioning. These Miranda warnings are named after the 1966 Supreme Court case, Miranda v. Arizona, in which the Court declared the necessity of such a procedure. A judge may issue a warrant if either a police officer or a private person swears under oath that the accused has committed a crime, or that a crime has been committed and there is probable cause for believing the accused committed it. For certain crimes, a summons (formal document notifying a person that he or she is required to appear in court to answer a charge) may be used in place of an arrest. F.___ At this procedure, taking place in the court in which the defendant will be tried, the indictment or information is read. The defendant is called upon to answer the charge by pleading not guilty, guilty, or nolo contendere (no contest). Before pleading, the defendant may file a formal document, known as a motion, asking the court to dismiss the case. A judge can dismiss the charges if, for example, he or she concludes that the grand jury was not properly assembled or determines that the conduct charged does not constitute a crime. If the defendant does not make such motion or if the court denies the motion, the defendant must enter a plea. If the defendant pleads guilty, there is no trial and the case is set for sentencing. With the court's permission, the defendant may be allowed to plead nolo contendere. This plea has the same consequences as entering a guilty plea, but it does not require the defendant to admit guilt. G.___ is the clerical process by which an administrative record

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is made of the arrest. The name and address of the person arrested (sometimes referred to as the arrestee), the time and place of arrest, the name of the arresting officer, and the arrest charge are entered in the police log. This process can also involve searching, fingerprinting, photographing, and testing the arrestee for drugs and alcohol.

4)

Read the explanation of the steps in either a criminal or civil trial.

a) Opening Statement by Plaintiff or Prosecutor plaintiffs attorney (in civil cases) or prosecutor (in criminal cases) explains to the trier of fact the evidence to be presented as proof of the allegations (unproven statements) in the complaint or indictment. b) Opening Statement by Defense defendants attorney explains evidence to be presented to deny the allegations made by the plaintiff or prosecutor. c) Direct Examination by Plaintiff or Prosecutor each witness for the plaintiff is questioned. Other evidence (e.g., documents, physical evidence) in favor of the plaintiff or prosecution is presented. d) Cross Examination by Defense the defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness in the eyes of the jury. e) Motions if the prosecutions or plaintiffs basic case has not been established from the evidence introduced, the judge can end the case by granting the defendants motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases). f) Direct Examination by Defense each defense witness is questioned.

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g) Cross Examination by Plaintiff each defense witness is cross-examined. h) Closing Statement by Plaintiff prosecutor or plaintiffs attorney reviews all the evidence presented (noting uncontradicted facts), states how the evidence has satisfied the elements of the charge, and asks for a finding of guilty (in criminal cases) or for the plaintiff (in civil cases). i) Closing Statement by Defense same as closing statement by prosecution/plaintiff. The defense asks for a finding of not guilty (in criminal cases) or for the defendant (in civil cases). j) Rebuttal Argument prosecutor or plaintiff has the right to make additional closing arguments. k) Jury Instructions judge instructs jury as to the law that applies in the case. l) Verdict in most states, a unanimous decision is required one way or the other. If jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried again.

5)

Read the texts, then provide titles.

a) After a guilty verdict is issued, but generally before sentencing, the convicted defendant may make a motion for a new trial on the premise that a mistake prejudicial (harmful) to the defendant was made at the trial. Prejudicial errors include errors in the judges rulings on the admissibility of evidence or instructions to the jury, or some misconduct by the jury, judge, or prosecutor. The defendant may also move for a new trial based on the argument that the evidence was not sufficient to support the jurys guilty verdict. A motion

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for a new trial on the basis of newly discovered evidence that, had it been available at the trial, might have resulted in an acquittal may be made after the defendant has been sentenced; however, there is generally a time limit on this. If the trial judge grants the motion for a new trial, the conviction is set aside and the defendant may be tried again by a new jury. If the motion is denied, the defendant will be sentenced. b) Once guilt has been determined, either by verdict following a trial or by the entry of a guilty plea, the defendant must be sentenced. Generally, the trial judge imposes the sentence, which must be within the statutory limits set by the legislature for the crime in question. In a few states, the jury fixes the sentence. Available sentences include fine, forfeiture (loss of property), restitution, probation, some form of incarceration or deprivation of liberty, or a combination of these. For certain very serious offenses, the convicted offender may be sentenced to death. The sentencing options available to the judge are often defined by the legislature. In jurisdictions that use indeterminate sentencing, the judge has discretion to set the sentence at a maximum and minimum term within a broad range permitted by law. Parole authorities then determine the actual release date within those limits depending on the prisoner' behavior and progress toward rehabilitation. In contrast, a determinate sentence imposes a fixed term of incarceration with no early release through parole. In jurisdictions that use presumptive sentencing, the judge sentences the offender to a term that falls within a narrow range prescribed by the legislature, and

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offenders are expected to serve this term. However, a judge may permit a departure from this presumptive sentence either an increase or decrease in the length of the term if specific justification is shown. Legislators often spell out in detail the factors that justify a judges departure from the presumptive sentence. Some states have enacted statutes that provide for long and often mandatory terms of imprisonment upon proof that the defendant has a prior record of criminal activity. c) Judges often have the option to place a convicted offender on probation. Probation means the offender will remain in the community (rather than be sent to jail) subject to certain conditions prescribed by statute or by the judge. One condition of probation is supervision by a probation officer. If the offender violates the conditions of probation, probation can be revoked and the offender can be incarcerated. d) In many jurisdictions, a defendant sentenced to prison may be eligible for release on parole after a portion of the sentence has been served. Parole authorities grant parole based on factors such as the prisoners behavior while in jail and the predicted potential for the prisoner to refrain from further criminal activity. The possibility of parole does not exist for some serious criminal offenders. If parole is granted, the person on parole (known as the parolee) remains under the supervision of a parole officer until the expiration of the sentence or a term otherwise specified by law. If the parolee violates the conditions of parole, the parole authorities may revoke parole, returning the parolee to prison for the remainder of the unexpired sentence.

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e) A convicted criminal may appeal his or her conviction and sentence to a higher court, known as an appellate court. The appellate court will review all or part of the written record of what transpired at the trial to determine whether any error prejudicial to the defendant was made. If any such error occurred, as where the trial court erred in its rulings on the admissibility of evidence or in its instructions to the jury on the law to be applied, the appellate court usually remands (returns) the case for a new trial. Sometimes, however, the error is of a type that leads to a reversal of conviction and the release of the defendant. For example, if the trial court incorrectly refused to declare unconstitutional the statute on which the prosecution was based, the appellate court would nullify the conviction, and the defendant would go free. In such a situation a new trial based on the unconstitutional statute is not permitted. If the appellate court finds no error or deems any errors harmless that is, not substantial and not prejudicial to the interests of the defendant it affirms the conviction.

6)

Read the texts below (marked A,B,C,D,E) and then match each text with the corresponding headline:
The Effects of Incarceration; Sentencing; Imprisonment Is Not Effective; Restraining Violent Criminals; Jail & Prison Conditions. A. Since 1980, the United States has engaged in the largest 87

and most frenetic correctional buildup of any country in the history of the world. During this time the number of Americans in prison and jail has tripled to 1.5 million. For some minority groups, the rate of incarceration has increased tenfold. About 50 million criminal records enough to cover nearly one-fifth of the entire U.S. population - are stuffed into police files. Hundreds of billions of dollars have poured from taxpayers' checking accounts into penal institutions and the businesses that service them. One would think the extraordinary expansion of the criminal justice system would have made at least a small dent in the crime rate. The increase in the prison population did not reduce crime nor did it make Americans feel safer. In fact, some criminologists have argued that the overuse of the penal system for so many small-time offenders has actually created more crime than it has prevented. B. Anyone who has been handcuffed by police knows how deeply humiliating the experience can be. Imagine the effects of spending even a night in the bizarre and violent sub-culture of most jails. Each person booked is fingerprinted and photographed for their criminal record . Sexual assaults are frequent and usually go unpunished. As ever more young men and women are socialized to the cell blocks and then are returned to the streets, the violent subculture of the correctional facility increasingly acts as a vector for crime in our communities. Prisons and jails thus have a dual effect: they protect society from criminals, but they also contribute to crime by transferring their violent subculture to our community once inmates are released.

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C. For those concerned with public safety as well as vengeance, the issue of jail and prison conditions becomes more complicated. We all want inmates to feel the sting of punishment and loss of freedom. On the other hand, it does not serve public safety to so frustrate inmates that they return to the streets embittered and angry. Jail and prison conditions exert a significant influence on whether an inmate becomes productive upon release or resumes criminal behavior. More than nine out of ten inmates currently in prison will be released at some point. D. Many Americans believe convicted criminals get off easy, and they are partially right. Some offenders get off lightly for serious crimes while others pay too great a price for lesser offenses. A vivid illustration of this phenomenon can be seen by comparing the time served of murderers to first-time drug offenders in the federal system. In 1992, federal prisons held about 1,800 people convicted of murder for an average time served of 4 1/2 years. That same year, federal prisons held 12,727 nonviolent first-time drug offenders for an average time served of 6 1/2 years. No other nation treats people who commit nonviolent crimes as harshly as the United States. E. The justice system imprisons only a small fraction of all offenders, including only a small fraction of all violent offenders. Not surprisingly, therefore, those who really do go to prison in this country today are almost without exception the worst of the worst predatory career criminals. Not only are their official criminal records punctuated by many different types of serious crimes;

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they commit tremendous numbers of violent and other crimes that go wholly undetected, unprosecuted, and unpunished.

7) Below you see the story of an extraordinary case in British legal history. The affair started in 1949 and was finally closed in 1966.
At the moment, there are a number of gaps in the story. Use the words below to complete it. trial convicted arrested pardon suspect Confessed enquiry (2) Innocent Judges Tried court sentenced charged plea executed custody jury appeal apprehend statements guilty executio n dropped hunt denied

The story began when a man called Timothy Evans was 1 for the murder of his wife and baby. He was 2 with the double murder, but a short time later one of the charges was 3 and he was 4 for the murder of his daughter only. During the 5Evans accused the man whose house he had been living in, John Christie, of the crimes, but no attention was paid to him. The 6 found Evans 7 and he was 8 to death. An 9 was turned down and he was 10 in 1950. Some time later, more womens bodies were discovered in Christies house: two, three, four, five, six. John Christie was the polices chief 11 and they started a nationwide 12 for him. He was soon 13. Alleged 14 by Christie while he was in 15 cast doubt on the Evans hanging. When he went to 16 , Christie 17 that he had murdered Mrs. Evans, but in private it was said that he 18 to that crime. His 19 of 90

insanity with regard to other murders was rejected and he was 20 of killing his wife. Soon afterwards there was an 21 into the 22 of Timothy Evans. The 23 decided that justice had been done and Evans had been rightly hanged. It was only in 1966 that another 24 was set up. This time it was decided that Evans had probably been 25 and he was given a free 26 . Better later than never, as they say.

8) Study the following words:

alibi/excuse As a legal term, alibi has to do with a plea made by the defense to prove that the accused was somewhere other than at the scene of the crime and therefore could not have committed it. In informal usage, however, alibi is simply another word for excuse; that is, a reason given for some action or behavior ( as in What`s your alibi for being late?). criminal/felon A criminal or offender is a person guilty, or legaly convicted, of a crime. Although a culprit can be a person only accused of or charged with the commission of a crime, the word also commonly refers to someone who has been found guilty. If the crime is serious enough to be classified as a felony, the person might be referred to by the legal term felon. A convict is a person who not only has been guilty of a crime but, as a result of that conviction, is serving a sentence in a jail, prison, or penitenciary. A person who is confined in prison following conviction of a crime might be called a prisoner, as

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might someone who, having been accused of a crime, is held in custody or released on bail while on or awaiting trial.

felony/ misdemeanor A crime is an act either committed in violation of a law prohibiting it or omitted in violation of a law ordering it. A felony is a major crime, such as murder, arson, rape, robbery, or kidnapping, for which the usual penalty is more than a year`s imprisonment in a penitentiary, with or without a fine, or even death. A misdemeanor is a less serious crime, such as breaking a municipal ordinance, for which the penalty is usually a fine, a jail sentence of less than a year, or both. Because a misdemeanor is a crime, it may seem odd to title a film Crimes and Misdemeanors, as Woody Allen did. But Black`s Law Dictionary offers an explanation: Crime`and`misdemeanor,`properly speaking, are synonymous terms; though in common usage `crime` is made to denote such offenses as are of a more serious nature. In archaic usage, the U.S. Constitution ( article II, section 4) provides for the removal from office of the President, Vice President, and all civil officers on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. homicide/ murder The kiling of one human being by another is homicide. Although homicide is a necessary ingredient in both murder and manslaughter, it is not necessarily a crime in itself. That is, it may be committed without criminal intent and without criminal consequences, as in the lawful execution of a judicial

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sentence, in self- defense when one`s life is endangered, or as the only way to arrest an escaping felon. According to Black`s Law Dictionary, the term`homicide` is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality. Both murder and manslaughter, however, are crimes. In most states, a person faces the charge of murder in the first degree (or first-degree murder) if he or she kills another unlawfully and maliciously or with premeditation; with atrocity or cruelty ( as by poison, starvation, mayhem, or torture); by lying in wait for the victim; or while committing or attempting to commit a serious felony such as arson, rape, robbery, or burglary. All other kinds of murder are considered murder in the second degree( or second-degree murder). Manslaughter is also the unlawful killing of another, but without malice aforethought, either expressed or implied. There are two kinds of manslaughter; voluntary( resulting from a sudden quarrel or heat of passion)and involuntary( resulting from the failure to exercise due caution or circumspection in the performance of a lawful act, so as to safeguard humanlife or from the commission of an unlawful but not felonious act). Still another unlawful killing is assassination, in which the victim is likely to be a politically important person. This kind of murder is committed by surprise attack, usually for payment or from zealous belief. jail/prison A jail is typically a building, though it may be a lockup inside a police station, for the confinement of those who are awaiting trial or who have been convicted of minor offenses ( misdemeanors). Local police departaments usually administer city jails, and sheriffs` offices usually administer country jails.

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People convicted of major crimes( felonies) are likely to be confined in a prison or penitentiary, these words being used interchangeably. Another type of penal institution( the generic term for all places of confinement for those adjudged guilty of a crime) is a reformatory, or house of correction, where juveniles convicted of lesser offenses are sent for training and discipline intended to reform rather than punish them. A penitentiary for women is sometimes called a reformatory as well. Gaol and jail came into Middle English at more or less the same time from two French dialects. Gaol represents Norman French, gaiole, gayolle, or gaole; jail the central and Parisian Old French jaiole, geole( modern French geole). The Norman French version would have been pronounced with a hard g, as in <goat>. In the I7th century there seems to have been some controversy as to which was the correct form; one quotation in OED reads, `they cannot come to a Resolution whether they shall say Jayl or Gaol`. This now seems to be resolved with a typically British compromise; the word is always pronounced jail but is spelt gaol in official use. In literary use either spelling may be used. The Americans just use jail.

9) Match the list of criminals in column A with the descriptions in column B. A

1) 2) 3) an assassin a blackmailer a shoplifter a. b. c.

B
A person who steals things from a shop A person who breaks into houses to steal things. A person who kills an important

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4) 5) 6) 7) 8) 9)

a hijacker a robber a burglar a terrorist a pickpocket a rapist

d. e. f. g. h. i. j.

10) a kidnapper

person, possibly for political reasons. A person who demands money from a person about whom they have secret information. A person who commits violent acts for political purposes. A person who takes money from a bank (or another person) A person who keeps someone prisoner until they are given money. A person who steals money from peoples bags or pockets. A person who takes control of a plane by force. A man who attacks a woman for sexual purposes.

Number each crime according to how serious you think it is. Put number 1 for the most serious and number 10 for the least serious. Afterwards compare with your neighbors.
shoplifting rape Tax evasion vandalism smoking hashish drunken driving assault (physically attacking someone ) armed robbery selling hard drugs murder

10)

Select a scene and time for a crime.

Two students are the suspects. They are sent outside and instructed to prepare an alibi for one another. This means they have to invent and be prepared to describe a situation

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during the period of the crime, in which they were in each others company and can therefore vouch for each others innocence. Meanwhile the suspects prepare their story to try to anticipate questions and give exactly corresponding versions of their alibi. After ten minutes of preparation, the first suspect is called in and asked questions about his/her movements and actions during the crucial time. Then the second. If they do in fact corroborate each others stories, they are innocent; but if there are inconsistencies and contradictions, they are guilty.

11)

Choose the right answer.

1. . The policeman asked the suspect to make a(n) .. b) declaration c) deposition d) statement

a) account

2. The unruly .. was broken up by the police. a) collection b) congregation c) group d) mob Prince Andrew was found dead in his palace this morning. The police have ..any suggestion of foul play. a) discounted b) neglected c) omitted d) overlooked The chief of police said that he saw no .. between the four murders. a) communication b) connection c) join d) joint The detective stood .. behind the door waiting for the assailant. a) immovable b) lifeless c) motionless d) static 5. 4. 3.

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The police arrested the wrong man mainly because they .. the names had been given by the witness. a) bewildered b) confused c) merged d) puzzled The police .. off the street where the bomb had gone off. a) battened b) cordoned c) fastened d) shuttered 8. a) device 9. The police set a .. to catch the thieves. b) plan c) snare d) trap 7.

6.

The police asked if I thought I could .. the man who stole my car if I looked at some photos. a) certify b) identify c) justify d) verify 10. The policeman was .. when he saw a light in the office. a) deductive b) disturbing c) suggestive d) suspicious 11. The inspector was a very .. man and he rechecked the evidence several times. a) attentive b) complete c) thorough d) thoughtful 12. The police who were .. the crime could find no clues at all. a) enquiring b) investigating ) researching d) seeking 13. We promise not to reveal your .. if you tell us who the murderer is. a) anonymity b) identification c) identity d) personality 14. The police are .. the town for the stolen car. a) combing b) investigating c) looking d) seeking

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15. The police have not yet found a possible .. for the murder. a) example b) motive c) principle d) understanding 16. The police .. their attention to the events that led up to the accident. a) completed b) confined c) confirmed d) contained 17. As he was caught in .. of a gun, he was immediately a suspect. a) control b) handling c) ownership d) possession 18. As the result of the police .. on the disco, ten people were arrested. a) entry b) invasion c) raid d) storm 19. I was informed by the police constable that he would be forced to take me into .. . a) confinement b) custody c) detection d) guardianship 20. It is the responsibility of the police to .. the laws, not to take it into their own hands. a) compel b) enforce c) force d) press 21. After the accident the policeman asked if there had been any .. . a) observers b) onlookers c) spectators d) witnesses 22. The police was .. in their examination of the murder site. a) concentrated b) exhausting c) intense d) thorough

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23. The police made sure everyone stood well .. of the fire. a) away b) clear c) free d) out 24. Why dont the police take .. measures against crime. a) affective b) effective c) efficient d) ineffective

12. Match each punishment with its description.

1) capital punishment 2) corporal punishment a) a period of time in jail b) being made to do specially hard work while in prison c) death d) a punishment imposed only if you commit a further crime e) a large sum of money to pay f) whipping or beating g) regular meetings with a social worker h) removing (a person) from a house or land by law i) limiting the freedom of movement especially for political reasons

3) eviction 4) a heavy fine

5) internment 6) penal servitude 7) a prison sentence

8) probation

9) solitary confinement

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10) a suspended sentence

j) being imprisoned completely alone

13. Choose the right answer.

1) The community was angered by the punishment given their friend. a) august b) austere c) severe d) vigorous 2) Those acting for the defendant propose to appeal .. the sentence. a) against b) for c) out d) to 3) Mr. Tipsy was twenty pounds for drinking and driving. a) charged b) fined c) ordered d) penalized 4) The ringleader was lucky to get a suspended sentence. a) away b) off with c) through d) through to 5) After considering the case, the judge put the young offender .. for two years. a) in charge b) in control c) on probation d) on trial 6) Despite the seriousness of his crime he only received a .. sentence. a) light b) little c) small d) soft 7) The young offenders were warned never .. with the members of any gang. a) to assign b) to assimilate c) to associate d) to assume

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8) As it was her first offence, the judge gave her a .. sentence. a) kind b) lenient c) severe d) tolerant 9) The woman .. for her husbands life when he was found guilty of murder. a) bid b) debated c) disputed d) pleaded 10) The accused man was able to prove his innocence at the trial and was .. . a) absolved b) acquitted c) forgiven d) pardoned 11) Jack the Ripper was a hardened criminal without a scrap of .. for his crimes. a) penance b) pity c) remorse d) reproach 12) His sentence has been commuted to five months on the .. of failing health. a) bases b) causes c) grounds d) reasons 13) The prisoners had spent almost a month digging a .. before the guards discovered it. a) pipe b) pass c) subway d) tunnel 14) He was thrown into prison and .. of his property. a) confiscated b) denied c) deprived d) removed

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14. Put each of the following words and phrases into its correct place in the passage below.
accused court judge legislature panel trial acquit cross-examination Jurors List sentence witnesses civil suits fault jury money swear counsel guilty legal disputes officer testimony

Trial by Jury A jury is a selected group of laymen that hears the .. in .. and decides the facts. A courtroom trial in wich a .. decides the facts is called a .. by jury. Before each .. term, a jury commissioner or another public .. prepares a panel, or large initial .. of qualified jurors. For each trial, .. are selected by lot from this .. Before the trial begins, the jurors .. to decide the facts fairly. They hear the .. given by witnesses for both sides, including .. . Then .. for each side sum up, or summarize the case, and the .. explains the applicable law in his instructions to the jury. In .. for financial damages, the jury must decide who is at .. and must determine the amount of .. to be paid. In criminal cases, the jury must decide whether or not the .. is guilty beyond a reasonable doubt , and then either return a verdict of guilty, or .. the defendant by a verdict of not guilty. If the verdict is .. the judge imposes the ., or punishment, within limits that have been fixed by the ...

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15. Choose the right answer.

1) There is no doubt about the outcome of the trial. The man is a .. criminal. a) self-centred b) self-confessed c) self-conscious d) self-contained 2) If the terrorists are not sent to prison, there will be a public .. . a) attack b) onslaught c) outcry d) recrimination 3) It is often difficult for ex-convicts to keep to the .. and narrow. a) deep b) long c) straight d) wide 4) When the detectives finally trapped him, he had to .. to lying. a) recourse b) resort c) resource d) retort 5) The judge recommended more humane forms punishment for juvenile .. . a) convicts b) delinquents c) sinners d) villains of

6) The murdered proved to be an apparently well-behaved .. middle-aged woman. c) unoffending a) inoffensive b) offensive 7) He found some squatters living in his house so he asked the court for a speedy .. . a) discharge b) ejection c) eviction d) expulsion 8) The witness .. the statements made by the accused man. a) agreed b) confessed

c) corroborated

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9) A prominent local figure was .. as co-respondent in a divorce case. a) accused b) cited c) nominated d) quoted 10) The whole story was a .. of her imagination. a) fabrication b) fantasy c) figment d) figure 11) As she was the murderers mother, the judge .. the normal restrictions on visits and let her see him. a) abandoned b) lifted c) relinquished d) surrendered 12) The baby at the centre of the controversy has been made a .. of court. a) child b) progeny c) protege d) ward 13) After considering the evidence for a few hours, the Jury came to a(n) .. verdict. a) unambiguous b) unanimous c) undivided d) united 14) It was a reasonable .. to draw in the light of the evidence. a) assessment b) conclusion c) interpretation d) verdict 15) Ms Stickyfinger was charged with .. the funds of the organization. a) misappropriating b) mislaying c) mistaking d) misplacing

16. The mistakes in these sentences have been underlined for you. Suggest a correct or better alternative for each mistake in Parts A and B. The first one has been done for you.

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Part A The affair remains unsolved 1 Stealing banks is on the increase. 2 We must be sure he receives a fair process. 3 They found the corps in the garden. 4 Many people have bought false Dali paintings. 5 The police examined the suspect for ten hours. 6 There are austere penalties for dangerous driving. 7 The little boy was able to make us a good description. 8 The most famous criminals used to be held on Alcatraz. 9 Everyone agrees the judges decision was exact. 10 How can you test this man is guilty ? 11 Can you acknowledge the person in this photo ? ______case____ 1 ______________ 2 ______________

3 ______________ 4 ______________

5 ______________

6 ______________

7 ______________

8 ______________

9 ______________

10 ______________ 11 ______________

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12 His strange behaviour raised my suspicions 13 She refuses all knowledge of what happened. 14 The police searched the missing boy for ten days. 15 Will this proof stand up in court? 16 Some young people disappear without track. 17 The police have been remarking his movements. 18 He has evaded from prison several times. 19 The sentence was Not Guilty . 20 Murderers arent often hung these days. Part B 1 The gang specialized in robbing bikes and selling them. 2 I dialed a false number.

12 ______________

13 ______________

14 ______________

15 ______________ 16 ______________

17 ______________

18 ______________

19 ______________ 20 ______________

1 _____________

2 _____________

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3 I saw a suspected person outside the shop. 4 You cant do an accusation without proof.
5 It will be two weeks before the injury heals. 6 She received a life verdict for murder. 7 Im going to conduct my own apology. 8 She was held stealing goods at a department store. 9 The murdered chocked his victim with a stocking . 10 Theres a big police chase for the criminals. 11 He was convicted to death. 12 I was sued and had to pay damage of 500. 13 We have a list of missing peoples. 14 These new credit cards are easy to imitate. 15 A lie is intended to cheat someone. 16 When does the murder try begin?

3 _____________

4 _____________

5 _______________

6 _______________ 7 _______________ 8 _______________

9 _______________

10 _______________

11 _______________

12 _______________

13 _______________ 14 _______________

15 _______________ 16 _______________

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17 Laws are done to be broken. 18 The innocents were punished along with the guilty. 19 Someone has roused the alarm.

17 _______________ 18 _______________

19 _______________

GRAMMAR PRACTICE PHRASAL VERBS 1. Choose the right answer.

1. To get into a building or car using force is to ___. a. break out b. break down c. break in 2. To steal money from a bank by using force is a ___. a. hold in b. hold down c. hold up 3. To steal or take something without asking is to ___. a. run off with b. do without c. do over 4. To hurt someone badly by hitting or kicking is to ___. a. pull them over b.beat them up c. put one over

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5. To kill someone in informal English is to ___ with them. a. do away b. have away c. stay 6. To destroy something with a bomb is to ___. a. beat it up b. blow it up c. knock it over 7. To take a criminal to the police is to ___. a. turn them over b. turn them in c. turn them down 8. To put someone in prison is to ___. a. lock them up b. do them in c. blow them up 9. To not punish someone for their crime is to ___. a. give them over b. let them off c. put them away 10. To succeed in not being punished for a crime is to ___ it a. get away with b. make off with c. pick through

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2.
1. 2. 3. 4. 5.

Fill in the missing particle

The bank was held ______ by three masked men. If you don't give me what I want, I'll do you ______. He's dead. He was bumped ______ by another gangster. The thieves broke ______ my car and took my radio. The police have pulled ______ a suspect for questioning. 6. I think you should give yourself ______ to the police. 7. The car was blown ______ by terrorists. 8. He was turned ______ to the police by his best friend. 9. I put my bag down for a moment and somebody made ______ it. 10. She thinks that people who harm children should be locked ______ for life. 11. She thinks that people who harm children should be put ______ for life. 12. She thinks that people who harm children should be banged ______ for life. 13. He was informed ______ by one of his neighbours and the police came to arrest him. 14. He grabbed the bag from me and ran ______ it. 15. I don't see why politicians who commit crimes should be let ______ so lightly. 16. The gang of youths beat ______ the old man. 17. He literally got ______ murder. 18. If I had my way, I'd lock them ______ and throw away the key! 19. The police are rounding ______ the usual suspects. 20. I'm concerned because the crime figures are going ______. We need more police.

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THE PASSIVE VOICE 1. Use the verbs in brackets in the Passive Voice:
A judge may issue an arrest warrant if either a police officer or private person swears under oath that the accused has committed a crime, or that a crime (to commit) and there is probable cause for believing the accused committed it. For certain crimes, a summons may (to use) in place of an arrest. A summons is a formal document notifying a person that he or she (to require) to appear in court to answer a charge. A police officer may properly make an arrest without a warrant if a felony serious crime (to commit) or (to attempt) in the officers presence, or if the officer reasonably believes a felony (to commit) and that the accused did it. A police officer may also make an arrest for any misdemeanor minor offense committed or attempted in the officers presence. Even a private citizen may properly make a warrantless arrest in certain limited circumstances, but such citizens arrests are rare.

2.

Translate into English.

a) Prietenului meu i se pun multe ntrebri acum. b) i s-a recomandat s pleci. c) Casa aceasta a fost construit cu muli ani n urm. d) Adesea mi s-a spus s mergem acolo.

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e) La ora 8.00, programul TV va fi urmrit de toi prietenii mei. f) Cazul a fost deja discutat. g) S-a crezut c ai spus adevrul. h) Houl a fost recunoscut de unul dintre copii. i) Am descoperit un document care a fost scris n secolul al XIX-lea. j) Am auzit c ai fost rnit n accident.

WRITTEN ASSIGNMENT 1. Describe the courtroom combat step by step. 2. Enlarge on:
If you steal for others, you shall be hanged yourself. The hole calls the thief. /Ease makes thief. A bean in liberty is better than a comfit in prison. Punishment is lame, but it comes.

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UNIT 5

COURTS

PRE-READING DISCUSSION
Before you read about the suggested topic, think of your own judicial system: How is the administration of justice organized? Are there separate jurisdictions for different areas of law? What is the relationship between the different courts? What is the role and position of judges and other lawyers in our country?

READING PASSAGE
Courts are the branch of government established to administer the civil and criminal law. They are classified in many ways. Among the more usual general classifications are courts of record and courts not of record; courts of superior jurisdiction and courts of inferior jurisdiction; courts of first instance and appellate courts; civil courts and criminal courts. In courts of record the proceedings are recorded completely; no detailed record is made of the proceedings in

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courts not of record. Courts of superior jurisdiction, often called higher courts or appellate courts, are generally those to which appeals are made from decisions of courts of inferior jurisdiction, referred to as lower courts or courts of first instance. Civil and criminal courts deal with cases arising from infractions of the civil law and the criminal law, respectively. Courts with special, limited jurisdictions are known by the names of those jurisdictions. For example, probate or surrogates courts are tribunals dealing with the probate of wills and the disposition of estates. The judicial organs of military establishments are called military courts. They have jurisdiction over infractions by military personnel. Admiralty courts have jurisdiction over cases arising from maritime contracts and from violations of maritime law.

COMPREHENSION PRACTICE

a) Draw a diagram illustrating the classification of courts and their role. b) Decide if the following statements are true or false :
1. Courts are classified according to their jurisdiction. 2. Civil courts are also called appellate courts. 3. Probate courts have supreme authority. 4. Maritime law infractions fall under military courts jurisdiction. 114

5. Courts of first instance may be referred to as courts of inferior jurisdiction.

READING AND VOCABULARY PRACTICE 1. Read the text and complete the diagram.
Courts in the United Kingdom There are three legal systems in the United Kingdom: for England and Wales; for Scotland; and for Northern Ireland. Because they have been ruled by the same parliament for so long, the different systems have much in common. However, their different origins and circumstances, especially in Scotland, mean that they have their own procedures and detailed law. Appeal can be made from all courts in the United Kingdom, except in Scottish criminal matters, to the House of Lords in London. The Structure of the Courts: Criminal The most numerous courts in England and Wales are the magistrates courts, where Justices of the Peace, or magistrates, sit. Most magistrates are lay people who sit on a bench of three with a legally qualified clerk who advises them on the law. In cities there are also stipendiary magistrates who are legally qualified and sit alone. Magistrates decide the vast majority of criminal matters and a limited range of civil and administrative questions. Appeal can be made from the magistrates decision to the Crown

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Court, where a circuit judge sits, usually with two magistrates who did not hear the case in the magistrates court. Either the defendant or the prosecution may appeal to the House of Lords in its appellate capacity, which does not involve lay members of the House, but is heard by a committee of paid Lords of Appeal in Ordinary. The Structure of the Courts: Civil Matters Other than the limited jurisdiction of the magistrates court, mostly concerned with family matters, most unexceptional civil disputes come to the county court. This was created by Act of Parliament, but it has concurrent jurisdiction with the High Court, which means that in most areas the litigant has a choice of which court to use. The High Court is the ancient civil court of England, divided into three Divisions: Queens Bench; Chancery; and Family Division. Usually, one judge sits in a High Court case, except when a divisional court is convened. That consists of usually one High Court judge and a Lord Justice of Appeal, and usually tries disputes about government decisions.

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Courts in the United Kingdom

ENGLAND AND WALES MOUSE OF LORDS JUDICIAL COMITTEE NORTHERN IRELAND COURT OF APPEAL CIVIL CRIMINAL DIVISION DIVISION HIGH COURT OF JUSTICE COURT OF APPEAL

SCOTLAND
CRIMINAL COURT OF CRIMINAL APPEAL CIVIL INNER HOUSE OF COURT OF SESSION

HIGH COURT OF JUSTICIARY SHERIFF COURT (criminal matters)

OUTER HOUSE OF COURT SESSION

HIGH COURT

CROWN COURT

PRINCIPAL SHERIFF

(1) (2) (3)

IN BANKRUPTCY

DISTRICT COURT

SHERIFF COURT (civil matters)

CROWN COURT

COUNTY COURT (circuit judge) COUNTY COURT (district judge)

COUNTY COURT

DISTRICT COURT

(4)

MAGISTRATES COURT

Arrows show either the course an appeal will follow from one court to another, or the progression of a case if it is felt to be too complex or serious for a lower-level court. No indication is given here of the levels of the different courts represented in relation to one another.

2.

Read the text below, study the diagram, and then match the definitions on the right with the terms on the left.

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Courts in the United States Courts in the United States are judicial organs of government, comprising two principal systems: the federal courts, referred to as United States courts, and the state courts. Federal Courts The jurisdiction of the federal courts is defined in the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the United States shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The courts established under the powers of the Constitution are known as constitutional courts. Judges of constitutional courts are appointed for life by the president with the approval of the Senate. These courts are the district courts, tribunals of general original jurisdiction; the courts of appeals, exercising appellate jurisdiction over the district courts; and the Supreme Court. Other federal courts, established by Congress, are called legislative courts. These are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the United States. The US Congress defines the special jurisdictions of these courts.

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State Courts Each state in the United States has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactments; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. Cases involving the federal Constitution, federal laws, or treaties may be brought to either the state courts or the federal courts. Ordinary civil cases not involving any of those elements can be brought only to the state courts, except in cases of diversity of citizenship between the parties, in which event the case may be brought to a federal court. In some states, the same courts of original jurisdiction deal with both civil and criminal cases; these courts usually have two levels, one handling misdemeanors and civil claims under US$5,000, the other handling felonies and civil claims over US$ 5,000. Between the lower courts and the supreme appellate courts, in a number of states, are intermediate appellate courts which, like the federal courts of appeals, provide speedier justice for litigants by disposing of a large number of cases that otherwise would be added to the overcrowded schedules of the higher courts. Courts of last resort, the highest appellate tribunals of the states in criminal and civil cases and in law and equity, are generally called supreme courts. In New York State, however, the Supreme Court is a trial court; the highest appellate court of New York, as well as of Maryland, is called the Court of Appeals.

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The state court systems also include a number of minor courts with limited jurisdiction. These courts dispose of minor offences and relatively small civil actions. Included in this classification are police and municipal courts in cities and larger towns and the courts presided over by justices of the peace in rural areas.

Court System of the United States

SUPREME COURT OF THE UNITED STATES

COURTS OF APPEALS 12 Circuits

COURTS OF APPEALS FOR THE FEDERAL CIRCUIT

TAX COURT

TERRITORIAL DISTRICT COURTS with Federal and Local Jurisdiction Guam Virgin Islands Northern Mariana Islands

DISTRICT COURTS with Federal Jurisdiction Only 89 Districts in 50 States 1 in District of Columbia 1 in Puerto Rico

CLAIMS COURT

COURT OF INTERNATIONAL TRADE

Most of the courts in the federal court system of the United States are constitutional courts; the exceptionsthe Tax Court, the Court of International Trade, and the Claims Courtare legislative courts. Constitutional courts decide the constitutionality of federal, state, and local laws and regulations. The Supreme Court makes final decisions regarding constitutionality and is the highest court of appeals in the country. Although this court hears cases never tried before, the bulk of the work of the nine Supreme Court justices is made up of appeals from lower courts.

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1. jurisdiction

2. controversy

3. treaty 4. approval 5. tribunal 6. claim 7. tax 8. enactment 9. involve 10. citizenship 11. misdemeanor 12. felony 13. litigant 14. schedule

15. equity 16. offence

a. a type of court that is given official authority to deal with a particular situation or problem b. someone who is making a claim against someone, or defending themselves against a claim in a court of law c. amount of money that you must pay to the government d. a serious crime e. the right to use an official power to make legal decisions f. the legal right of belonging to a particular country g. an illegal action or a crime h. a crime that is not very serious i. the act of officially accepting a plan or decision j. a formal list of something k. making a proposal into law l. to include something m. a serious argument or disagreement n. the principle that a fair judgment must be made in a situation where the existing laws do not provide an answer o. request for money p. formal agreement between two or more countries or governments

3.

Work in groups. Discuss these questions about the judicial branch of the federal government and decide on the answers.

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A. What is the highest court of the land? a. the Supreme Court b. the Presidential Tribunal
SUPREME COURT

COURT OF CLAIMS

COURT OF CUSTOMS

COURT OF CUSTOMS AND PATENT

COURT OF MILITARY APPEALS

11 Circuit Courts of Appeals

94 District Courts

B. The Supreme Court is the Last Court of Appeal. What does this mean? a. No other court has higher decision-making power. b. Citizens can appeal its decision (take the same case) to lower courts. C. What does the Supreme Court do? a. It approves or overturns decisions of lower courts and explains and interprets laws. b. It hears cases from individual citizens without lawyers.

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D. In the system of checks and balances, how does the judicial branch have power over the other two branches of government? a. The Supreme Court appoints all judges. b. The Supreme Court can decide on the constitutionality of laws and Presidential Actions. E. Where is the Supreme Court? a. in every state capitol b. in Washington, D.C. (the nations capital) F. Who chooses the justice of the Supreme Court? a. The voters elect them. b. The President appoints them, but the Senate must approve them. G. Who chooses the Chief Justice (head judge) of the Supreme Court? a. the President and the Cabinet b. The nine justices of the Supreme Court elect him or her. H. Has there ever been a woman Supreme Court justice? a. Yes. Sandra Day OConnor became the first woman justice in 1981. b. No, because the Constitution states that all Supreme Court justices must be men. I. How long do Supreme Court justices serve? a. for the same length of time as senators from their states b. for life

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J. Must the Supreme Court hear all appeals from lower courts? a. Yes, because hearing appeals is its only responsibility. b. No. It takes only the more important cases (especially cases concerning individual rights and the constitutionality of laws or actions.) K. Can the President or Congress abolish the Supreme Court? a. Yes, with a two-thirds majority of both houses. b. No. Only a Constitutional Amendment could abolish it. L. What other kinds of courts and how many of them are there in the federal system? a. eleven Circuit Courts of Appeal and ninety-four District Courts. b. two Executive Courts and three Legislative Courts. M. Are there any special federal courts? a. Yes. There are a Court of Claims, a Court of Customs, a Court of Customs and Patent Appeals, and a Court of Military Appeals. b. No. All courts must accept all kinds of cases. N. What do the Circuit Courts of Appeals do? a. They hear appeals (request to hear the case again) from lower courts. b. They overturn decisions of the Supreme Court.

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O. What are the District Courts and what happens in them? a. They are state courts. All cases concerning state laws begin there. b. They are the lowest level of federal courts. Federal cases begin there. P. How do federal courts differ from other courts? a. Federal courts take only cases concerning federal law. Other courts hear cases about state or local law. b. There is no difference. All courts take the same kinds of cases.

4. Supreme Court decisions are very important to the nation because they set precedents. They serve as a guide in law making and the future decisions of all courts. Here are some examples.
Year 1803 1824 1832 1941 Case Marbury v. Madison Gibbons v. Ogden Worchester v. Georgia Poor Migrants Brown v. the Board of Education of Topeka, Decision The Supreme Court has the right to interpret laws and judge their constitutionality. Only Congress can regulate interstate commerce (trade between states) No state may control Indian Lands. It is unconstitutional for states to control or stop migration (movement) of people from one state to another. Segregated schools are unconstitutional because they are unequal. Integration (the bringing together of different races) is a part of education.

1954

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Year

Case Kansas Gideon v. Wainwright Escobedo v. Illinois Miranda v. Arizona Womens Rights Roe v. Wade Rotsker v. Goldberg

Decision Even in small cases, the government must provide a lawyer to a defendant (person on trial) if he or she cant afford one. The police must tell an arrested person about his or her right to remain silent and to have an attorney (lawyer) present when he or she answers questions. Unequal treatment based on sex violates (goes against) the Fourteenth Amendment. States cannot make abortion illegal, except in the later stages of pregnancy. Congress may draft (take for military service) only men (not women) into the armed forces. Illegal (undocumented) aliens are persons under the Constitution and have the same protections under the law as citizens and residents. The United States government can give asylum (protection) to refugees if they have reason to fear death or mistreatment in their native countries. Refugees no longer have to prove that their lives are in danger.

1963

1964 1966

1971 1973 1981

1982

Plyer v. Doe

1987

INS v. Cardoza Fonseca

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Read each situation and answer this question: Why would the Supreme Court disapprove of the situation? On the line, write the name and year of the Supreme Court case that is the precedent. 1) __Plyer v Doe (1982)___________________________: Texas keeps the children of illegal aliens out of its public schools. 2) ___________________________________________: California taxes all goods from Nevada. 3) ___________________________________________: Oregon refuses to let a family move there from Washington because they have no home and little money. 4) ___________________________________________: Arizona sends a woman to jail because she went to the doctor to abort a two-month old fetus. 5) ___________________________________________: Without permission, Nebraska takes land from an Indian reservation to build a state prison. 6) ___________________________________________: A young man refuses to enter the U.S Army because his sister does not have to serve in the armed forces. 7) ___________________________________________: The police send a man to prison for drunk driving but do not give him an attorney because he cant afford

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one. 8) ___________________________________________: A public university refuses to admit a student because she is not white. 9) ___________________________________________: You are the best-qualified candidate for police chief but the city wont give you the job because you are a woman. 10) ___________________________________________: The INS sends a political refugee back to his country because he cannot prove that his government would take his life. 11) ___________________________________________: The police arrest a man and tell him to confess his crime on videotape in a room with no one else present. 12) ___________________________________________: Congress makes the Speaker of the House the head of the armed forces even though the Constitution gives that position to the President.

5.

After reading the text below suggest your own comprehensive questions.

The Jury If the parties in a civil case cant agree on how to settle the case on their own, or if a defendant in a criminal case pleads not guilty, the court will decide the dispute through a

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trial. In a civil case, the purpose of a trial is to find out whether the defendant failed to fulfill a legal duty to the plaintiff. In a criminal case, the purpose of a trial is to determine whether the defendant committed the crime charged. If the parties choose to have a jury trial, determining the facts is the task of the petit jury. If they decide not to have a jury and to leave the fact-finding to the judge, the trial is called a bench trial. In either kind of trial, the judge makes sure the correct legal standards are followed. If there is a jury, the judge tells the jury what the law governing the case is. For example, in a robbery case in which an unloaded gun was used, the judge would tell the jury that using an unloaded gun to rob a store is legally the same as using a gun that is loaded. But the jury would have to decide whether the defendant on trial was actually the person who committed the robbery and used the gun. The group of people seated in the boxed-in area on one side of the courtroom is the petit jury or trial jury. Juries were first used hundreds of years ago in England. The jury was a factor in the events that led to the Revolutionary War. The Declaration of Independence charged that King George III deprived the colonists in many cases, of the benefits of trial by jury. Thus, the U.S. Constitution now guarantees the right to a jury trial to most defendants in criminal cases and to the parties in most civil cases. In federal criminal cases, there are usually twelve jurors and between one and six alternate jurors. Alternate jurors replace regular jurors who become ill, disqualified, or unable to perform their duties. In federal civil cases there can be from six to twelve jurors. All of the jurors are required to join in the verdict unless the court excuses a juror from service during the trial or deliberations. 129

6.

GROUP WORK. How can an attorney for the benefit of his/her client use jury selection?
Clues: Know the demographics, attitudes and experiences of jurors who will respond most/least favorably to your case Know the questions to ask to identify those jurors Educate the jurors to your arguments Establish your power position over opposing counsel Make intelligent strike decisions Win your case in voir dire In jury selection you are expected to decide which jurors will most fairly judge your case, but are given precious little information on which to base that decision. The following 7-step jury selection process facilitates that effort and provides you a crucial edge over your opponent. 1) Getting educated: Read the relevant documents which summarize the evidence and arguments on both sides. 2) Brainstorming the case: Identify the main issues, outline case themes and map out Case Strategy. 3) Identifying Juror Profile: Outline the demographics, experiences, attitudes and personality characteristics of those jurors who will be more/less receptive to that strategy. 4) Mapping out Voir Dire Strategy: Pin-point subject areas to explore in voir dire and design specific questions to reveal jurors biases, experiences and attitudes. 5) Developing a Juror Questionnaire: Develop a Juror Questionnaire to identify the juror characteristics.

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6) Developing an Evaluation Sheet: Design an Evaluation Sheet by which to evaluate each juror according to his/her responses to the Juror Questionnaire. 7) Selecting jurors: In the courtroom, report to counsel, not only listening to the verbal message, but the nonverbal one, as well, as an important indicator of bias and character.

7. The following paragraphs deal with Western European Tribunals. Put them in the right order.
A. When the Normans conquered England in 1066, they imposed the Carolingian judicial system on the AngloSaxons. In the long struggle between the king and landed nobility that ensued, one of the principal weapons of the Crown was the Curia Regis (Kings Court), which was held wherever the royal household was situated. The principal judicial strongholds of the nobility were the manorial courts. Judicial supremacy was eventually won by the Crown, and, since the reign of Edward I, in the 13th century, English courts have been organized on a centralized basis. B. Before this victory of the Crown, however, King John had been compelled in 1215 to sign the Magna Carta, which initiated the gradual separation of judicial from executive and legislative governmental powers. The terms of this charter of liberty established the Court of Common Pleas as a court of a fixed location to try cases initiated by commoners against other commoners. The process of separation continued during the reign of Edward I with the establishment of the Court of 131

Exchequer as a tribunal having exclusive jurisdiction over revenue cases arising out of unpaid debts to the Crown, and the establishment of the Court of Kings, or Queens, Bench as the supreme appellate tribunal of the realm, presided over by the monarch. The Court of Kings, or Queens, Bench was also invested with original jurisdiction over both civil and criminal cases and thus encroached on the jurisdiction of the Court of Common Pleas. In fact, the jurisdictions of all three courts overlapped and were not entirely differentiated until much later. C. Medieval courts developed from the tribal courts of the Germanic peoples, whose highest judicial authorities were the popular assemblies that met regularly throughout the year. The tribal judges supervised the proceedings and executed the judgments rendered by the assemblies. During the development of the Germanic tribal organization into territorial states, the tribal courts underwent a corresponding evolution, increasing in number and becoming differentiated. Among the new features of this Teutonic system were a royal court, presided over by the king and modeled on the Roman system of courts; special lower courts, under the control of royal officials, which handled minor matters; and, later, a corps of permanent lay judges, with power to render judgments. D. In the 8th century the Teutonic judicial system experienced a further significant development: the practice, initiated by Charlemagne, of dispatching royal commissioners to examine the functioning of local courts and, when necessary, to supplement the justice they

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dispensed. In this innovation were the seeds of three later important legal developments: assize courts, circuit courts, and a central legal authority. This innovation was adopted by other feudal monarchs in their struggles with the landed nobility, who controlled the manorial, or seigniorial, courts.

8. Match the words with their meanings on the right. Write the letters on the lines.
______ a search a. people who examine evidence to warrant decide if a trial is necessary. 2. ______ charge (noun) b. legal permission to search 3. ______ grand jury c. members of a jury who hear evidence and come to a verdict 4. ______ a trial f. an accusation of a crime 5. ______ testify e. people who give evidence 6 ______ guarantee f. promise or give assurance 7. ______ jurors g. money paid to guarantee that someone freed from jail will return to the trial 8. ______ a unanimous h. the hearing of a case in court verdict 9. ______ witnesses i. give evidence 10. bail j. decision agreed on by everyone 1.

9. Choose the right answer.

1) The high court judge will pass .. next week. a) justice b) punishment c) sentence d) verdict

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a) for

2) If you break the law, you will be trouble. b)in c) out d) out of

3) The judge was very on pickpockets. a) bad b) hard c) strict d) strong 4) It was impossible for her to tell the truth so she had to a story. a) combine b) invent c) lie d) manage 5) Peter gives one account of the accident, and John another; it is difficult to the two versions. a) adjust b) coincide c) identify d) reconcile 6) The witness testified that he could bear what the defendant had claimed. a) on b) out c) up d) with 7) The suspect is not under arrest, nor have the police placed any .. on his movements. a) obstacle b) regulation c) restriction d) veto 8) You should only make serious accusations like that if they have a sound in fact. a) basis b) foothold c) framework d) principle 9) The judge the pedestrian for the accident. a) accused b) blamed c) charged d) sued 10) His legal training enables him to put his case very convincingly. a) down b) out c) over d) up

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10.Study the following words:

grand jury/ petit jury In law, a jury is a group of people sworn to hear the evidence and inquire into the facts in a case, and to give a decision based on their findings. A grand jury is a special jury of a statutory number of citizens, usually more than 12, that nowadays investigates accusations against people charged with crime. If there is sufficient evidence, the grand jury indicts those people for trial before a petit jury (or trial jury). This is a jury of 12 or fewer citizens picked to weigh the evidence in, and decide the issues of, a trial in court. plaintiff/defendant Two parties are involved in every civil lawsuit-that is, every court action relating to rights and injuries. The party who initiates the suit is called the plaintiff or complainant.( at first glace, these two words may not seem to be related. Yet, both having in their development a from of the Latin verb plangere, which meansto beat the breast, they share the sense of giving expression to one`s grievance. That is why we talk about a plaintive song, the plaintive sound of an oboe, and the like.) The party defending or denying-that is, the one sued or accused in the suit-is called the defendant. The adversarial roles of the opponents can be seen in the way the cases are referred to, the Latin word versus( usually abbreviated as v. or vs.) meaning in contest against. As the following case titles show, the plaintiff or the defendant, or both, can be one or more individuals, companies, or federal, state, or local agencies: Hellman v. McCarthy, Namath v.

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Sports Illustrated, Westmoreland v. CBS, United States v. Louisiana, and Dawson v. Mayor and City Council of Baltimore. In saying a case title, some people pronounce the v. asvee; some give the full from, versus; and some substitute the word against. In the case title of the original suit, the plaintiff is listed first. However, if the losing party in a suit in a federal court appeals the case, this party`s name appears first; in other words, the case title in the appellate procedure gives appellant versus appellee. If the appeal goes all the way to the U.S. Supreme Court, the party seeking the review is called the petitioner and the party responding to the petition is called the respondent. For example, when James J.Hill sued Time, Inc., for invasion of privacy, the case was titled Hill v.Time, Inc., but on appeal the title became Time, Inc. v. Hill. Every criminal case-that is, every court action taken to redress a public wrong-also has a defendant, but here the initiator of the proceedings is called the prosecution. The prosecutor, or prosecuting attorney, who is a public official such as a district attorney, conducts the criminal suit on behalf of the state or the people. Criminal actions are referred to much the same way as civil ones. In the original case title the prosecution ( the name of the federal, state, or local entity) precedes the name of the defendant; but in any appellate procedure whoever seeks the review is listed first. For example, by the time Illinois v. Gacy reached the U.S. Supreme Court for review, it was called Gacy v. Illinois, John Wayne Gacy having appealed his conviction and death sentence for murder.

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11.If you commit a crime you may be:

accused interrogated tried. arrested paroled charged sent to prison convicted suspected

Put these actions in the correct order.

12.Choose the right answer.

1. The sentenced the accused to 15 years in prison. a) barrister b) counsel c) judge d) solicitor 2. If you cant resolve the dispute, it will have to be settled by a) arbitration b) court c) election d) referee 3) His comments little or no relation to the facts of the case. a) bear b) give c) possess d) reflect 4) They all thought he was guilty, but no one could anything against him. a) accuse b) ensure c) point d) prove 5) It has been decided to hold a Public into the cause of the accident. a) Autopsy b) Examination c) Inquiry d) Interrogation 6) To protected victims of blackmail their names are often in court. a) covered b) erased c) hidden d) not given

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7) The youth involved in the disturbance at demonstration made a(n) to the police. a) account b) notice c) statement d) summary

the

8) I to say anything unless I am allowed to speak to my solicitor. a) deny b) neglect c) refuse d) resist 9) I should like to call two who can testify on my clients behalf. a) witnesses b) onlookers c) passers-by d) spectators 10) You are surely not suggesting that these young children could have planned such and evil deed. a) innocent b) lovely c) natural d) pure 11) The case against Mary Wrongdoer was for lack of evidence. a) discarded b) dismissed c) refused d) resigned 12) The new law comes into on May 15. a) condition b) date c) force

d) power

13) The question in this case is whether the accused had a motive for this crime or not. a) crucial b) forcible c) supreme d) valuable 14) The driver admitted that the accident was partly his own a) blame b) cause c) evil d) fault

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15) In fact, the murderer was from the country before extradition proceedings could be started. a) barred b) deported c) exported d) interned 16) The suspect man has a on his right cheek. a) point b) scar c) sign d) trace 17) It is a criminal offence to the facts. a) express b) oppress c) repress d) suppress 18) After a close cross-examination, the barrister was his client was telling the truth. a) contend b) glad c) happy d) satisfied 19) At the end of the trial he was of murder. a) condemned b) convicted c) convinced d) penalized 20) In the legal profession, men women by five to one. a) outclass b) outnumber c) overcome d) supersede 21) All barristers are expected to study at the Inns of Court.. a) hopeful b) prospective c) willing d) wishful 22) The judge will hear the next after lunch. a) case b) charge c) lawsuit d) trial 23) The suspect that he had assaulted a policeman. a) contradicted b) declined c) denied d) refused

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24) I wish youd let me speak for myself and not the words out of my mouth. a) grab b) pull c) snatch d) take 25) The suspect is to have been in the neighborhood at the time of the crime. a) accused b) affirmed c) alleged d) announced

13.Choose the right answer.

1. The high court judge will pass next week. a) justice b) punishment c) sentence d) verdict 2. If you break the law, will be trouble. a) for b)in c) out d) out of 3. The judge was very on pickpockets. a) bad b) hard c) strict d) strong 4. It was impossible for her to tell the truth so she had to a story. a) combine b) invent c) lie d) manage 5. Peter gives one account of the accident, and John another; it is difficult to the two versions. a) adjust b) coincide c) identify d) reconcile 6. The witness testified that he could bear what the defendant had claimed. a) on b) out c) up d) with

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7. The suspect is not under arrest, nor have the police placed any on his movements. a) obstacle b) regulation c) restriction d) veto 8. You should only make serious accusations like that if they have a sound in fact. a) basis b) foothold c) framework d) principle 9. The judge the pedestrian for the accident. a) accused b) blamed c) charged d) sued 10. His legal training enables him to put his case very convincingly. a) down b) out c) over d) up

14.Put each of the following words and phrases into its correct place in the passage below.
accused court judge legislature list panel trial sentence witnesses Trial by Jury A jury is a selected group of laymen that hears the .. in .. and decides the facts. acquit civil suits counsel guilty legal disputes officer swear testimony

cross-examination fault jurors money jury

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A courtroom trial in which a .. decides the facts is called a .. by jury. Before each .. term, a jury commissioner or another public .. prepares a panel, or large initial .. of qualified jurors. For each trial, .. are selected by lot from this .. . Before the trial begins, the jurors .. to decide the facts fairly. They hear the .. given by witnesses for both sides, including .. . Then .. for each side sum up, or summarize the case, and the .. explains the applicable law in his instructions to the jury. In .. for financial damages, the jury must decide who is at .. and must determine the amount of .. to be paid. In criminal cases, the jury must decide whether or not the .. is guilty beyond a reasonable doubt , and then either return a verdict of guilty, or .. the defendant by a verdict of not guilty. If the verdict is .. the judge imposes the .. , or punishment, within limits that have been fixed by the .. .

GRAMMAR PRACTICE Fill in the text below with the missing prepositions:
The evolution of courts in ancient Rome was marked (1) the development of a complex structure (2) which criminal, civil, and other jurisdictions were differentiated and exercised by separate courts and officials. Violations (3) criminal law were prosecuted by the state; higher and lower courts were organized; the right of appeal was juridical guaranteed; and a corps (4) professional jurists was established (5) the first time (6) the history of Mediterranean civilization. (7) Christianity became the state religion of Rome, the ecclesiastical courts, previously established by Christians who 142

had refused to have recourse (8) pagan courts, became a part (9) the Roman legal system. As the Roman Empire disintegrated, the ecclesiastical courts survived and assumed jurisdiction (10) secular affairs.

THE ARTICLE AND THE NOUN (Review) 1. Supply A/AN or THE if they are necessary:
(1) United States has 51 separate court systems. They include (2) federal court system, established and maintained by the national government, and the courts of the 50 states. Because of (3) separate state and federal systems, the United States is said to have (4) dual court system. The federal court system is more limited in (5) size and purpose than are the state courts. (6) Federal courts have jurisdiction over five basic kinds of cases. They hear: cases in which the United States is (7) party and cases involving foreign officials. In civil matters, if more than $10,000 is involved, they may also hear cases with (8) parties from different states, and cases involving the Constitution of United States and federal laws. (9) Federal courts also hear federal specialties, cases involving (10) patents, copyrights, or bankruptcies.

2. Complete the following sentences using suitable words from the box below:
patents decisions Constitution jurisdiction offenses governor cases nomenclature lawyers judgeships

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State courts share jurisdiction with federal courts, and they exercise sole, or exclusive, jurisdiction in other cases, mainly those involving state law. Only those state court decisions that involve the U.S. (1) and federal law may be appealed to the federal courts. The Supreme Court of the United States is the highest appellate court for cases within federal jurisdiction. The Court agrees to decide only about 150 of the 4,000 to 4,500 (2) appealed to it each year; the other federal courts decide approximately 330,000 cases a year, and the state courts, far more than that. The Supreme Courts (3), however, are binding on all other courts. Throughout U.S. history, the federal court system has been small. In the mid-1990s there were 179 permanent circuit (4) in the 13 courts of appeals; the 89 district courts had 610 permanent judgeships in the 50 states plus 15 in the District of Columbia and 7 in Puerto Rico. Three special courts hear cases involving customs duties, (5), and monetary claims against the government. Congress provided (1978) for bankruptcy courts in each district, staffed by bankruptcy judges. The state court systems are similar in structure, but they vary widely in specifics and (6). The major trial court may be a circuit court in one state and a district court, or superior court, in another. Some courts derive their titles and functions from a past era and are not the result of systematic planning. Most states have a trier of trial courts with limited or special jurisdiction, such as justice-of-the- peace courts or juvenile courts. Courts having jurisdiction over cases involving minor

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criminal (7) may also conduct preliminary hearings for more serious crimes to be tried in higher trial courts. These limitedjurisdiction courts often receive most of their financial support from local governments. Next is a level of general-jurisdiction trial courts that hear the full range of serious cases and often appeals in minor cases from lower courts. Finally, each state has courts with mainly appellate (8). Every state has a supreme court, although it is not always called by that name; about half of the states have intermediate appellate courts below the level of their highest courts. There are about 7,600 judges in state courts of general jurisdiction and over 1,000 judges in state appellate courts. Additional thousands of judges serve in special state courts. Historically, state judges were popularly elected, but increasingly states are adopting a judicial selection system in which the (9) appoints judges from a list submitted by a commission composed of judges, (10), and representatives of the public. WRITTEN ASSIGNMENT a) If you have not already done so, make vocabulary cards for the legal words that you want to remember, or add them to your own personal vocabulary lists. b) Comment on the following: The law is the last result of human wisdom acting upon human experience for the benefit of the public. c) Is the Death Penalty a necessary and proper means of punishment?

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d) Answer the following questions after searching for information relating to trials. 1. What are the qualifications required to be a juror? 2. How are future jurors selected for jury service? 3. Can a person change his/her jury service report date? 4. Can a person be transferred to another courthouse? 5. Can a person be excused from jury service? 6. What is the Opt-Out Program for jurors 70 years of age or older?

SUGGESTED PRESENTATIONS
Courts of Appeal European Court of Justice Supreme Court of the United States European Court of Human Rights International Court of Justice (UN), World Court Personal experience in a law court What may happen if the witness gives false evidence? Or if the jurors do not agree on the verdict? Your opinion on films about court trials Jury trials vs. Judge trials

UNIT 6

THE BRITISH CONSTITUTION AND GOVERNMENT

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 PRE-READING
1. What do you know about the British Constitution? 2. Name the parts of Parliament. READING / LISTENING

The Constitution of the United Kingdom, not written in one place, is made up of statute law, common law, and conventions. Conventions are rules and practices which are not legally enforceable but which are regarded as indispensable to the working of government ; many are derived from the historical events through which the British system of government has evolved. The key principles of the constitution are the rule of law ( everyone is subject to the laws of the land ), and the sovereignty of Parliament ( there are no restrictions of the laws that Parliament can pass ). In England, the legislative power, that is the power of making, altering, or repealing the laws, belongs to Parliament. The three parts of Parliament are the monarch, the House of Lords and the House of Commons. The Queen is head of State and an important symbol of national unity. She is head of the executive, an integral part of 147

the legislature, head of the judiciary; commander-in-chief of all the Armed Forces of the Crown, and the supreme governor of the established Church of England. The Queen acts on the advice of her ministers. Britain is governed by Her Majestys Government in the name of the Queen. In international affairs the Queen, as head of State, has the power to declare war and make peace, to recognize foreign states and governments, to conclude treaties and to annex or cede territory. For electoral purposes Britain is divided into 651 constituencies, each of which returns one member to the House of Commons or the Lower House. Each elector may cast one vote, normally in person at a polling station. Voting is not compulsory. The simple majority system of voting is used. Candidates are elected if they have more votes than any of the other candidates, although not necessarily an absolute majority over all other candidates. British citizens and citizens of other Commonwealth countries, together with citizens of the Irish Republic, may stand for election as MPs provided they are aged 21 or over and are not disqualified. A candidate must also deposit 500 pounds, which is returned if he or she receives 5 per cent or more of the votes cast. All election expenses, apart from the candidates personal expenses, are subject to the statutory limit. The House of Lords, with arround 1200 numbers, or the Upper House, consists of the lords spiritual, i.e. two archbishops, twenty-four bishops of the Established Church, and the lords temporal, hereditary peers and peeresses, and life peers. As there are no legal restraints imposed by a written constitution, Parliament can make or change any law. It can even prolong its own life beyond the normal period without consulting the electorate. In practice, however, Parliament does

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not assert its supremacy in this way. A Parliament has a maximum duration of five years, but in practice general elections are usually held before the end of this term. The maximum life has been prolonged by legislation in rare circumstances such as the two world wars. The privileges of the members of the Commons include : freedom of speech, freedom from arrest in civil actions, exemption from serving on juries, or being compelled to attend court as witnesses, and the right of access to the Crown, which is a collective privilege of the House.

COMPREHENSION PRACTICE 1. Answer the following questions.

1. Is the Constitution of the United Kingdom written in one place? 2. What elements does the Constitution of the United Kingdom consist of? 3. What are the key principles of the Britsh Constitution? 4. How many parts has Parliament? 5. Whom does the monarch represent? 6. What is the royal prerogative? 7. What is the House of Commons also called? 8. How many members does the House of Commons consist of? 9. What privileges do they have? 10. What kind of lords are there in the House of Lords?

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11. What church do the archbishops and bishops in the House of Lords belong to? 12. What is the full duration of Parliament?

2. Find the words in the text which have the same meaning as the following definitions.
1. 2. 3. 4. 5. 6. 7. laws made by Parliament to develop by gradually changing complete freedom and power to govern to end to vote in an election the place where people go to vote in an election a priest of the highest rank, in charge of all the churches in a particular area 8. having a legal right to receive a position, rank, or title passed from an older to a younger person in the same family 9. permission not to do sth. you would normally have to do

VOCABULARY PRACTICE 1. Complete the following sentences using suitable words from the box below:
draft law policy interest set out formality Assent bills Legislative Draft laws take the form of parliamentary Bills. Most are public Bills involving measures relating to public (1). Private (2). deal with matters of individual, corporate or local (3) Proposals for (4) changes are sometimes set out

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in government White Papers. Consultation papers, sometimes called Green Papers, (5) government proposals which are still taking shape and seek comments from the public. A (6) is given a first reading in the House of Commons without debate; this is followed by a thorough debate on general principles at second reading, and a third and final reading. Bills must normally be passed by both Houses. They must then receive the Royal (7) before becoming Acts. In practice this is a (8).

2. Study the words opponent, antagonist and enemy.

An unemotional word, opponent refers to anyone who is opposed to someone else or to the other side especially in a fight, game, political race, or debate. Antagonist implies more active opposition, especially in a struggle for control or power. Adversary usually suggests outright hostility in the conflict. Enemy may imply actual hatred in the opponent and a desire to injure, or it may simply refer to any member of the opposing group, nation, or the like, whether or not there is personal animosity or hostility involved. Foe, now a somewhat literary synonym for enemy, connotes more active hostility.

3. The mistakes in these sentences have been underlined for you. Suggest a correct or better alternative for each mistake in Parts A and B. The first one has been done for you.
Part A The new law effects today. 1 The paper is running an action against the new comes into effect 1

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2 3 4 5 6 7

8 9 10

11 12 13 14 15 16 17

privacy laws. Are you interested in British civilization? The Minister was the victim of a combine against him. Were electing a new party conductor. We must join ourselves to win the next election. Are you a member of the Preservative Party? Theyll have to control your passport before they let you in. Conversations about trade agreements are continuing. Theyve set up centers to council the unemployed. Has he got the necessary qualities to direct the country? The government was chosen with a small majority. Shes one of the greatest faces in modern politics. Are you member of the Labor Faction? The folk will be voting on May 14th. Dictators have a lot of craft. What is the basis of political force? A dictator rules by strength.

2 3 4 5 6 7

8 9 10

11 12 13 14 15 16 17

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18 Do you know all the words of your National Hymn? 19 The great forces decide the destiny of smaller nations. 20 We pay imposition on everything. Part B 1 An industrious nation needs a lot of capital investment. 2 Civil service departments are full of plot. 3 Paris was discharged in 1945 by the allied forces. 4 The most of people are in favor of a change in the law. 5 Theres been a peaceful manifestation against motorways. 6 What is the date of the annual party lecture? 7 You have to tackle misery before you tackle crime. 8 The German country is a formidable force in Europe. 9 Shes been named to lead the party into the next election. 10 Whose part are you on? 11 Im enjoying peasant life now Ive moved out of London. 12 Its government by the

18 19 20

1 2 3 4 5

6 7 8 9

10 11

12

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13 14 15 16 17

18 19

peoples for the peoples. Whats your political conviction? Politic is central to the study of history. A government must reign or resign. Britain has a republican government. The way we are governed affects the whole of community. Britain is a small country, which is divided into lands. Trade Syndicates defend workers interests.

13 14 15 16 17

18 19

4. Study the idiom TO TABLE .

TO TABLE There is truth in George Bernard Shaw's humorous statement that England and America are separated by the same language. Similar expressions have meant different things in each country. For example, the phrase "to table a proposal" means one thing in Britain, while in the United States it means something just the opposite. When Parliament wishes to take up a matter for immediate discussion, it votes "to table it". On the other hand, when the United States Senate or House of Representatives votes "to table" a proposal, it has decided to put it aside - to delay or postpone discussion of it - perhaps to kill it altogether. Shortly after the United States entered the war against Nazi Germany, this difference created misunderstandings. As

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the Americans and British began to develop joint military plans, the expression "to table" needed a clearer explanation. There were some British proposals that the American leaders were strongly opposed to. They did not even want to discuss them. Politely, they said, "let's table them". The British were happy to hear it. They thought the Americans were ready to give their proposals serious consideration. For a time, the misunderstandings were troublesome. But the British and Americans in time understood what each meant by the expression "to table". Communications between them improved. So did their military situation. It is a matter of history how the Allies "turned the tables" on Hitler. After being on the defensive for a long time, suffering one disaster on top of another, they moved forward to take the offensive on all fronts. The phrase "to turn the tables" means to give an opponent the same treatment he has been giving you. The expression comes from a popular sixteenth century card game, where a player might have found himself in a worse position than his opponent, and so turned the board or table around to put the other man in the same position. The phrase dramatically tells the story of the war. The Allies at last "turned the tables" on the aggressors and defeated them. Two closely related expressions also come from the word table. One is "to put your cards on the table". The other is the phrase, "to deal under the table". A honest man lays his "cards on the table", so to speak. You can clearly see he is not trying to hide anything. He is said "to be above board", out in the open where everything can be examined.

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But the man who wants to hide his plans and purposes "deals under the table". This expression is used to describe many dishonest activities. One who makes a secret, illegal payment to another is said to be "paying under the table".

5. Match the human right with the corresponding paragraph:

1) Marriage and Family 2) Property 3) Fair Trial 4) Presumption of Innocence 5) Personal Liberty 6) Right to Privacy 7) Freedom of Religion 8) Political Rights 9) Work 10) Home a. No one shall be subjected to arbitrary arrest, detention, or exile. Everyone has a legal right to personal liberty. No one can be arrested with the exception of those suspected of committing a crime, those failing to comply with certain civil court orders, or individuals in contempt of a superior court or of Parliament. An arrest to enforce a court order in civil proceedings can only be made under a warrant issued by a court or by a power of arrest granted by the court in cases of domestic violence. b. Everyone has the right to take part in the government of his country, directly or through freely chosen 156

representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Britain is a parliamentary democracy, the Government being responsible to the people through the elected House of Commons, which has the power to force a government to resign on a vote of no-confidence. The other House in the British Parliament is the non-elected House of Lords, which is normally a chamber of discussion and revision of proposals and not a rival to the Commons. Its powers to delay legislation are limited by law. Candidature for parliamentary elections is open to anyone aged 21 and over who is eligible to vote. The secret ballot is used in all British elections. The electoral system is the simple majority system. The candidate with the largest number of votes is elected. Officials working in central and local government have a long tradition of political neutrality. A change of minister therefore does not involve a change of departmental staff, whose functions remain the same whichever political party is in office. Public offices are open to men and women, without distinction on grounds of sex, religion, race or colour. Staff is recruited to the Civil Service and its executive agencies through fair and open competition solely on the basis of merit. c. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights

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as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. All marriages are registered by the State. It is unlawful to force anyone to marry against his or her will or to bring about a marriage by fraudulent means. Members of the family are in an advantageous position in matters of succession. If death occurs without a valid will, the spouse and children of the deceased have priority. Children have equal rights of inheritance from parents whether the parents are married or unmarried. d. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission, which did not constitute a penal offence, under national or international law, at the time when it was committed. Not shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. e. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of

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social protection. Everyone has the right to form and to join trade unions for the protection of his interests. The Employment Service, an executive agency of the Department of Employment, helps unemployed people to find work through its job placement and other services and pays benefits and allowances to those entitled to them. A fundamental reform of the vocational qualifications system is being undertaken by the National Council for Vocational Qualifications. It aims to develop a system of nationally recognised vocational qualifications based on standards of workplace competence set by employers. Equal esteem for academic and vocational qualifications is being promoted with clearer and more accessible paths between them. In most industries the pay and conditions of workers are settled by national and/or plant bargaining between employers and trade unions. Laws impose duties on employers and others to ensure the health, safety and welfare of their employees in factories offices, mines, building sites and ail other work activities. People may join trade unions, which have members in virtually every occupation and some 10 million members in all. Dismissals for union membership or non-membership are automatically unfair. It is also unlawful for an employer to refuse to employ an individual on the grounds of that individuals membership or non-membership of a trade union. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. The basic working week in Great Britain is about 37,5 to 40 hours for manual work and 35 to 38 for non-manual work. A five-day week is usually worked. Overtime is paid at higher rates.

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f. Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Compensation is paid for any losses suffered through compulsory purchase or the deterioration of property as a result of activities by public authorities. g. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. A children, whether born in or out of wedlock, shall enjoy the same social protection. The National Health Service (NHS) provides comprehensive health care to all residents. Treatment is based on medical priority regardless of patients income and is financed mainly out of general taxation. Patients pay charges for prescriptions although in practice some 75 per cent are supplied free, since charges do not apply to people on low incomes, children, expectant mothers, pensioners and other groups. Patients are free to seek private medical treatment and doctors, dentists, opticians and pharmacists are able to practice privately. NHS hospital doctors, too, can practice privately, subject to certain rules. There is limited provision for them to treat their private patients in NHS hospitals. NHS patients are sometimes treated at public expense in private hospitals.

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h. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Every one has the right to the protection of the law against such interference or attacks. The common law allows people to speak and act in their own homes as they please and to carry on their daily business, provided that they do not infringe the rights of others or commit an offence. Parents are free to bring up their children as they so wish, provided that they do not infringe laws against cruelty and exposure to moral and physical danger. Parents also have to observe the law regarding compulsory education of their children. i. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him. Civil and criminal cases are heard by an independent judiciary. In jury trials the judge decides questions of law, sums up the evidence for the jury, and discharges the accused or passes sentence. A jury is independent of the judiciary. Any attempt to interfere with the jury once it is sworn in is a criminal offence. Publicity: Court proceedings are normally held in public and reporters from the media are admitted. In rape cases, the identity of the complainant cannot be reported. j. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to

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manifest his religion or belief in teaching, practice, worship and observance. Worship and religious teaching take place without any interference from the State. There is complete freedom of thought, conscience or form of worship and no restriction on the right of any citizen to change his or her religion. Atheists and agnostics are also free to propagate their views.

6. Give the summary of one paragraph. 7. Do you know any other human rights ?

PRE-READING
What do you know about the British government? READING The British Government
After a general election, the leader of the party which has the most seats in the House of Commons becomes Prime Minister, who chooses the Chancellor of the Exchequer (for the Treasury), the Foreign Secretary (for foreign affairs), the Home Secretary (for domestic affairs), and others, to form the Cabinet. The Prime Minister is appointed by the Queen, and all other ministers are appointed by the Queen on the recommendation of the Prime Minister. Most

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ministers are members of the Commons, although the Government is also fully represented by ministers in the Lords. The Lord Chancellor is always a member of the House of Lords. The composition of governments can vary both in the number of ministers and in the titles of some offices. The Prime Minister is, by tradition, First Lord of the Treasury and Minister for the Civil Service. The Prime Ministers office is located at 10 Downing Street in central London. To keep the workload of the Cabinet within manageable limits, a great deal of work is carried on through the committee system. The doctrine of collective responsibility means that the Cabinet acts unanimously even when Cabinet ministers do not all agree on a subject. As press adviser to the Prime Minister, the Prime Ministers Press secretary and other Staff in the Prime Ministers Press Office have direct contact with the parliamentary press through regular meetings with the Lobby correspondents. The Lobby correspondents are a group of political correspondents who have the special privilege of access to the Lobby of the House of Commons where they can talk privately to government ministers and other members of the House. The Prime Ministers Press Office is the accepted channel through which information about parliamentary business is passed to the media.

COMPREHENSION PRACTICE

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Answer the following questions:

1) After a general election, who becomes Prime Minister? 2) Whom does the Prime Minister choose for the Treasury? 3) What minister does the Prime Minister choose for foreign affairs? 4) What do all the ministers chosen by the Prime Minister form? 5) What does the doctrine of collective responsibility mean? 6) What do the Lobby correspondents do?

SPEAKING PRACTICE

GROUP WORK

The students are preparing part of a candidates campaign for election to a post in either national or local government. What sort of things should a candidate promise in order to gain votes? Then the candidates present their programmers, supported and prompted if necessary by members of the groups. Finally, the class in a democratic election may select one of the candidates.

GRAMMAR PRACTICE THE ADJECTIVE AND THE ADVERB (REVIEW) 1) Read the text below and underlines the adjectives. Explain their form.

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Administration of justice rests with the Lord Chancellor, the Home Secretaries, the Attorney General and the Secretaries of State for Scotland and Northern Ireland. The highest judicial appointments are made by the Queen on the advice of the Prime Minister. The judiciary is independent, its adjudications not being subject to ministerial direction or control. England and Wales The Lord Chancellor is the head of the judiciary. He or she is responsible for: 1) Appointing most magistrates 2) The procedure of the civil and magistrates courts 3) The administrations of magistrates and higher courts 4) A number of administrative tribunals 5) The legal aid and advice schemes 6) The administration of civil law reform The Home Secretary is concerned with the criminal law, the police service, prisons, and the probation and aftercare service. He appoints a Board of Visitors to each prisons establishment, and is advised by the Parole Board on the release of prisoners on license. The Home Secretary is also responsible for advising the Queen on the exercise of the royal prerogative of mercy. The Attorney General and the Solicitor General are the Governments principal advisers on English law, and they represent the Crown in appropriate domestic and international cases. They are senior barristers, elected members of the House of Commons and hold ministerial posts. As well as exercising various civil law functions, the Attorney General has final responsibility for enforcing the criminal law. The Solicitor General is the deputy of the Attorney General. As head of the Crown Prosecutions 165

Service, the Director of Public Prosecutions is subject to superintendence by the Attorney General, as are the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland. The Office of the Parliamentary Counsel is responsible for drafting legislations and advises the Government on legal, parliamentary and constitutional questions.

8. Translate into English:

1. Tom are doi frai primul este student, iar cel de-al doilea este avocat. 2. Mi-a dat i alte informaii despre accident. 3. Mary este fericit c are civa prieteni aici. 4. Aceast problem este la fel de dificil ca celelalte. 5. Acesta este cel mai bun raport pe care l-am citit vreodat. 6. Rezultatele voastre sunt din ce n ce mai bune. 7. El niciodat nu a avut opinii diferite de ale tatlui su. 8. Toate persoanele rnite au fost duse la spital. 9. Ea a fost att de furioas, nct l-a lovit peste fa. 10. Te rog s m scuzi pentru c te ntrerup. 11. A nchis fereastra cu o asemenea for, nct sticla s-a spart. 12. Fiica voastr ne-a trimis cinci scrisori, iar fiecare dintre ele subliniaz ct de mult i este dor de noi. 13. Cea mai mare parte a informaiilor s-a dovedit adevrat. 14. Destul de ciudat: a plecat fr s spun un cuvnt. 15. De data aceasta l-am auzit clar.

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16. Eram complet contient de ceea ce se ntmpla. 17. Acest succes s-a datorat n mare parte eforturilor sale. 18. Glonul a trecut exact prin fereastr. 19. La puin timp dup aceea, a sosit poliia. 20. Va trebui s i ntlnim la ora nou dimineaa, luni, pe 4 Martie 2002. 21. Ea a spus c l ntlnise cu dou zile nainte. 22. Nepotul nostru ne-a vizitat n Mai, dar nu l-am mai vzut de atunci. 23. Nu te-am neles bine. 24. mi amintesc de faptul c ea avea o influen considerabil acolo. 25. El va face tot ce va putea ca s ne ajute. 26. A vorbit att de repede, nct nimeni nu l-a neles. 27. Nu mi place aceast idee i, mai mult, cred c este ilegal. 28. Banditul a intrat n camer. ncet, i-a micat mna spre arm. 29. Mai devreme sau mai trziu i vei da seama c are dreptate. 30. n nici un caz s nu deschizi ua aceea.

WRITTEN ASSIGNMENT Enlarge on: One cannot make people honest by Act of Parliament.

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Topics for Presentations

I. Equality Integrity Punishment Marriage and Family Fair Trial Personal Liberty Right to Privacy Freedom of Religion Freedom of Expression General Political Rights Nationality The right to work. Working Hours Home Education, Science, and the Arts Culture

II. THE ROYAL FAMILY members of the royal family a. her majesty the queen b. hrh the prince of wales c. hrh the princess of wales functions of the monarch royal income and expenditure 168

the royal household royal palaces and residences

UNIT 7

THE U.S .CONSTITUTION AND GOVERNMENT

169

 PRE-READING

CONSTITUTION

people

law

amendment

READING /

LISTENING

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Genesis of the Constitution

The first constitution of United States was the Articles of Confederation ratified in 1781. Because this document left too much sovereignty to the states, it was defective as an instrument of government. Some leaders felt that the individual states suffered economically from the lack of a strong central authority; commercial barriers between the states seemed particularly onerous. They also felt the lack of unity among states was causing serious problems in international relations and the defense of the nation. Twelve states (all but Rhode Island) named 73 delegates to the Constitutional Convention. Of these, 55 came but only 39 signed the Constitution on September 17, 1787. What they sought was a balance that Madison called mixed government and free government, a compromise between monarchy and democracy, as they knew them. Despite the consensus among the framers on the objectives of the Constitution, the controversy over the means by which objectives could be achieved was lively. Controversy developed over the presidency and the way in which the president was to be elected; the relationship of the states to the national government; the relationship of conflict was partially resolved through the great compromise that gave small states equal representation with the large states in the Senate but apportioned representation according to population in the House of Representatives. Other compromises involved the slavery issue. After it was signed, the Constitution was offered for ratification. This was achieved on June 21, 1788, and by 1790 all 13 of the original states had ratified it. Ratification was vigorously opposed by the Anti-Federalists, who feared that a powerful central government would minimize the role of the

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people in governance and threaten individual rights and local interests. The significant and lasting accomplishment of the opponents was to get the Bill of Rights added to the Constitution. Three main principles from the basis of the Constitution are: - the separation of powers of the three branches of government; - government of, for, and by the people; - basic human rights (individual freedom, equality, and justice). The Constitution has three parts: 1) The Preamble tells its purposes: to protect the nation and to assure justice, peace, and liberty for all; 2) The Document contains seven articles; 3) Twenty-six Amendments guarantee individual rights and freedoms and establish other basic principles of government.

READING COMPREHENSION
Write the words from the text. 1. After the Revolutionary War, ________________ (1781) were the basis of the new American government. 2. The result of the Constitutional Convention of 1787 was ________________. 3. They sought a compromise between monarchy and _________________.

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4. After if was signed, the Constitution was offered for _________________. 5. One of the main principles of the Constitution is the ________________ of powers of the three ____________________ of government. 6. Another principle is government of, for, and by _________________. 7. The third principle is basic ___________________, such as individual _______________ equality, and __________________. 8. The three parts of the Constitution are __________________, the seven ______________ of the Document, and the twenty-six ________________.

VOCABULARY PRACTICE 1. Here is a summary of the Constitutional Amendments about individual rights and liberties. Read it, write the number and then explain the amendments.
Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of; or abridging the freedom of speech, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb. 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 where in the crime shall have been committed, and to be informed of the nature and cause of the accusation.

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Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment XII The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves. Amendment XIII Section I Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Amendment XIV All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizen of United States and of the State wherein they reside; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Amendment XV The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State

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on account of race, color, or previous condition of servitude. Amendment XVII The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. Amendment XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Amendment XX The terms of the President and Vice-President shall end at noon on the 20th day of January, and terms of Senators and Representatives at noon 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the VicePresident elect shall become President. Amendment XXII No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as president, for more than two years of a term to which some other person was elected President shall be elected to the office of the President mote than once.

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Amendment XXIV The right of citizens of the United States to vote in any primary or other election for President or Vice-President, for electors for President or Vice-President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. Amendment XXV In case of the removal of the President from office or of his death or resignation, the Vice-President shall become President. Amendment XXVI The right of citizen of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any State on account of age.

1. Amendment ________ guarantees the right to vote to exslaves and black people. 2. Amendment ________ protects people against unreasonable bail or fines and cruel or unusual punishment. 3. Amendment ________ guarantees the right of freedom of speech, press religion, peaceable assembly, and requesting change from the government. 4. Amendment ________ provides for removal of an incapacitated president and for filling a vacancy in the office of vice-president. 5. Amendment ________ guarantees that slavery shall not exist within the United States. 6. Amendment ________ guarantees the right to own weapons.

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7. Amendment ________ says that individuals have rights in addition to those in the Constitution. 8. Amendment ________ gives the right to vote to all citizens over the age of lightens. 9. Amendment ________ guarantees all the rights of citizens to people born or naturalized in the United States. 10. Amendment ________ says that to bring a person to trial, a grand jury must charge him or her with a crime. Also, the government may not bring a person to trial more than once for the same crime. 11. Amendment ________ limits presidents to two terms in office. 12. Amendment ________ says that the government may not search or take individual property without a warrant. 13. Amendment ________ prevents anyone from being denied the right to vote for failing to pay a poll tax. 14. Amendment ________ gives individuals the right to an open trial by jury and a lawyer. They have the right to hear the charges and to question witness. 15. Amendment ________ guaranteed the right to vote to women. 16. Amendment ________ says that the government may not force people to take soldiers into their homes in peacetime.

READING AND VOCABULARY PRACTICE 1. Read/ diagram. Listen to the text and complete the

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The American System of Government

The United States is a democratic republic (a representative democracy). The national government is a government of all the people and their representatives (elected officials). It is called the federal government because the nation is a federation, or association, of states. The U.S. Constitution gave the federal government only limited powers, the powers stated in the Constitution. All other powers belong to the individual states. The Founding Fathers established three branches of governments: the legislative, the executive, and the judicial. Each branch has different functions and powers under the principle of separation of powers. There is also a system of checks and balances so that each branch has some control over the other two branches. This way, no one group can have too much power. The

Constitution 1

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2. Match the words with their meanings.

1. a democratic republic 2. representatives and senators 3. the Federal Government 4. a federation 5. limited powers 6. the branches of government 7. the separation of powers 8. checks and balances a. an association b. having different functions c. the legislative, the executive, and the judicial d. only those powers stated in the Constitution e. a government of the people (a representative democracy) f. elected officials g. the national government h. a system of control of each branch over the other two

3. Read/ questions.

Listen to the text and answer the

The Three Branches of Government

The legislative branch is called Congress. It consists of the Senate and the House of Representatives. It is the responsibility of Congress to propose and pass laws. In the system of checks and balances, Congress can refuse to approve presidential appointment and can override a presidential veto. The executive branch consists of the President, the Vice-President, the Cabinet and the thirteen Departments, and the independent agencies. Its the responsibility of the executive to enforce laws. The President has the power to veto (reject) any bill (law) of Congress. He appoints all Supreme Court Justices. The judicial branch consists of the Supreme (highest) Court, eleven Circuit Courts of Appeals, and ninety-four 180

District Courts. This branch explains and interprets laws and makes decisions in lawsuits. It has power over the other two branches because it can declare their laws and actions unconstitutional (against the principles of the Constitution).

Answer these questions about the three branches of government.

the Legislative the Senate the House of Representatives the Executive the Judicial

1. What does it consist of?

2. What are responsibilities?

its

3. What powers does it have under the system of checks and balances?

1.

Work in pairs or groups. Discuss these questions about the legislative branch of the federal government and decide on the answers.
1) What is the legislative branch of U.S. government called? a. Congress b. Parliament

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2) What is a bicameral legislature? a. one with cameras b. one with two houses (divisions) 3) What are the two houses of Congress? a. the Council and the Supreme Soviet b. the Senate and the House of Representatives 4) Who is President of the Senate? (What is his office?) a. Mayor of Washington, D.C. b. the Vice President of the U.S. 5) Who presides if the President of the Senate is absent? a. the President pro temper b. the Vice President of the U.S. 6) Who presides over the House of Representatives (the House)? a. the President of the U.S. b. the Speaker of the House 7) What party does the Speaker of the House usually belong to? a. no political party b. the majority political party

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2.
1) The

Fill in the gaps.

Senate House of Representatives Senators Representative has ____________members (number) for each state is ___________.

2)

The number of

3)

Each

Senator Representative

serves in Congress for _________years. (number) must be at least _____ years old (number)

4)

To run for Congress, a

Senator Representative

and a U.S. citizen for at least _________ years. (number) 5) A regular session of the Senate House is from _______ to ________. (date)

3.

Fill in the gaps.

1) To begin the law-making process, either a __Senator___ or a _________________ can write a _____________ . 2) The bill then goes to a _______________ of the same house. 3) The committee can call _____________________, ______________(postpone) the bill, send it back to the full

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house without a _______________, or _____________ (change) the bill. 4) If the Senate or House _____________ the bill, it does not become law. 5) If the Senate or House _____________ the bill, it goes to other house of Congress and its committee. 6) If the second house passes the bill, it goes to _______________ . 7) If the President signs ___________________________. the bill, it

8) If the President ___________ (rejects) the bill, Congress can ______________ the veto, and it becomes law anyway.

7. After reading the text below ask your colleagues comprehension questions.
Political Parties The U.S. Constitutions does not talk about political parties, but they began during George Washingtons term of office. On one side were the Federalists. They wanted a strong federal government. On the other side, the DemocraticRepublicans wanted to limit the power of the national government. Their leader was Thomas Jefferson, and their group later became the Democratic Party. Some of the early political parties, such as Federalists and the Whigs, no longer exist.

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Since 1854, the two major parties have been the Democrats and Republicans and the Republicans. Smaller parties have lasted for only a short time. Third parties have won in local elections, but their candidates have never won a Presidential election. Many people say that there is not much difference between the Republican and Democratic Parties. Liberal politicians usually favor reform (change) and progress. Consecutive politicians usually oppose change. But both liberal and conservative members belong to the major political parties, and their ideas often change with the times and issues.

8. Work in pairs. Each of you studies the information about a different one of the two major political parties. Summarize your information for your partner.
The Democratic Party is the oldest party in the United States. In 1829, Andrew Jackson became the first Democratic President. Since that time, the issues of the nation and the ideas of party have changed. Both the major parties have liberal and conservative members, but in general people consider the Democrats today more liberal than the Republicans. Democrats often want the government to establish social programs for people in need, such as the poor, the unemployed, and the elderly. They usually say they believe in equal rights for women and minorities and they oppose nuclear weapons and too much military spending. The symbol of the Democratic Party (from political cartoons) is the donkey. 2) The Republican Party, sometimes called the GOP (the Grand Old Party), began in 1854 over the issue of slavery. Republicans oppose slavery. The first Republican candidate to become President was Abraham Lincoln. After the Civil War, 185

Republicans got interested in farm, land, and business issues. In general, Republicans vote more conservatively than Democrats. They want government to support big business but not to control the lives of citizens. They often oppose government spending for social programs but support military spending. The party symbol is the elephant.

Work in pairs. Look at this page and answer your partners questions about the responsibilities of the federal and state governments.
Only The federal government: - declares war;- supports the armed forces Only a state government:

- maintains a police force; supports a state militia, such as the National Guard; - coins money; - regulates transportation and trade within the state; - establishes and maintains -establishes and maintains post offices schools : - oversees local governments - gives authors and inventors the exclusive right and grants city charters: to their work (copyrights or patens) - makes treaties with the governments of other countries; Both the federal and state governments: - fund public projects ( buildings, dams, highways, etc.) - support farming and business - maintain court systems - regulate banks 186

The federal government usually provides funding and the states distribute the money and provide programs for: - public assistance for people in need - health care - protection of natural resources - improvements in living and working conditions Example: Student 1: makes treaties? Student 2: 1.

Which governments declares war and The federal governments. ... declares war and makes treaties?

_____federal_______ 2. ... maintains a police force and state militia?____________ 3. ... regulates trade and transportation in the

state?__________________________________ 4. ... coins money and maintains post

offices?______________________________________ 5. ... establishes and maintains schools?__________________ 6. ... regulates banks and supports

business?________________________________________

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7. ...

oversees

local

government

and

grants

city

charters?______________________________ 8. ... funds public projects, like dams and

highways?_________________________________ 9. ... maintains courts systems?_________________________ 10. ... issues copyrights and patents?_____________________ 11. ... provides public assistance and health care for people in need? _____________________ 12. ... provides funding for the protection of natural resources? __________________________ 13. ... distributes money through programs to improve living and working conditions? ___________________________

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 GROUP WORK. 10. Work in groups of four. Each of you studies the
information about a different one of the four presidents. In turn, summarize your information in your own words for the group.

1. Before the United States won independence from British rule, George Washington was a farmer in the colony of Virginia. He served as a military leader in the Revolutionary War. The colonists trusted him because he did not want power for himself. He wanted all the states and the people to work together as one. He wanted the government to serve the people well. Washington said that power should belong to institutions, not to men. He also said that people could understand the U.S. Constitution in many ways, not just one. He did not think that the United States should have strong ties with other countries. George Washington was the first President of the United States from 1789 to 1796. He is often called "the Father of Our Country."

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2. Thomas Jefferson could do many things. As a young man, he was a farmer and a lawyer in Virginia. He was also a scientist, an inventor, a philosopher, and an architect. He designed his own home, called Monticello. He could communicate in French, Italian, Spanish, Latin, and Greek. Many of Jefferson's ideas became basic principles of the government of the United States. For example, he believed that all men are created equal (are born the same and should receive the same treatment under the law). He also said that power must come From the consent of the governed (the voters, not the leaders). He wanted free elections, a free press, and free speech. Thomas Jefferson held many important government jobs. He was Ambassador to France, Secretary of State (under George Washington), Vice President (under John Adams), and the third President of the United States, from 1801 to 1809. As President, Jefferson bought the huge Louisiana Territory for the United States from France.

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3. Abraham Lincoln grew up in Kentucky in a log cabin. He couldn't go to school, so he taught himself. He became a lawyer. Friends called him Honest Abe. As a delegate from Illinois, he served in Congress from 1847 to 1849. Lincoln was against slavery and gave some famous speeches about his ideas when he was running for the Senate. In 1861 Abraham Lincoln became the sixteenth President of the United States. He wanted the states of the Union to work together as one country, but he had to lead the North against the South in the Civil War. Some people thought that Lincoln was too strong as President because he used power that the Constitution did not give him. President Lincoln freed the slaves with the Emancipation Proclamation. He had a plan to bring the South back into the Union after the Civil War, but he couldn't carry out the plan because he was assassinated. In 1865 an actor named John Wilkes Booth shot Abraham Lincoln.

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4. John F. Kennedy was President for only three years, from 1961 to 1963, but his personality and ideas changed America. He was both the first Roman Catholic and the youngest President in the history of the country. He set clear goals for America. For example, he promised that the United States would land a man on the moon before 1970. Kennedy supported the ideas of Martin Luther King, Jr. and fought for civil rights, fair housing, and programs to stop poverty. He asked Congress for more money for education and medical care for elderly people. Kennedy was against Communism. For example, when the Soviet Union put missiles in Cuba, he sent U.S. ships to surround the island. But he believed that the best way to fight Communism was not by sending armies but by attacking poverty and injustice. He organized the Alliance for Progress to help the countries of Latin America. He started the Peace Corps and sent Americans to over sixty countries in Africa, Asia, and South America. These young volunteers worked and lived with the people, built schools, and taught farmers more modern methods. Kennedy was a man for the future. He worked to stop the testing of nuclear weapons. But on November 22, 1963, he was assassinated.

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11. Which President is each sentence about? Write the first initial of his last name on the line. W = Washington J = Jefferson L = Lincoln K = Kennedy 1. ____ This farmer and lawyer from Virginia was also a scientist, an inventor, a philosopher, and an architect, and he knew many languages. 2. ____ The colonists trusted this farmer from the colony of Virginia because he did not want power for himself.

3. ____ This young Roman Catholic was President for only three years because he was assassinated in 1963. 4. ____ He served as a military leader in the fight of the colonists for independence from British rule. 5. ____ This honest man taught himself and became a lawyer and a Congressman from Illinois. 6. ____ He was against slavery but wanted the states of the North and South to work together as a nation. 7. ____ Many of his ideas (for example, about equality, the consent of the governed, free press, and free speech) are basic principles of the government of the United States. 8. ____ He was an Ambassador, Secretary of State, and Vice President before he became the third President of the United States.

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9. ____ He was a man for the future, and one of his goals was to land a man on the moon before 1970. 10. ____ As the sixteenth President, he used power that was not given by the Constitution when he led the northern states in the Civil War. 11. ____ He did not think the United States should have strong ties to other nations. 12. ____ He bought the Louisiana Territory for the United States from France. 13. ____ He is often called the Father of Our Country. 14. ____ His Emancipation Proclamation freed the slaves, but he was assassinated before he could bring the South back into the Union. 15. ____ He supported civil rights, fair housing, and programs to stop poverty, and he wanted more money for education and medical care for elderly people. 16. ____ He tried to stop Communism with the Alliance for Progress and the Peace Corps and was against nuclear weapons.

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CULTURAL NOTES
American Symbols The Flag of the United States

1.

This is the British (English) flag. Before the American Revolution, it was the flag of the thirteen American colonies. 2.

This was the Great Union Flag. It was the flag of the American army during the Revolutionary War. The flag of England was in the corner. The red and white stripes were symbols for the thirteen American colonies.

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3.

Some people say that Betsy Ross made the first American flag. In the corner, there were thirteen white stars in a field of blue. The new flag also had seven red stripes and six white stripes. 4.

During the War of 1812 the flag had fifteen stars and fifteen stripes for the fifteen states. After a battle Francis Scott Key wrote a song about the American flag. The StarSpangled Banner became the national anthem of the United States.

5.

The United States grew and admitted more states to the Union. Now the flag has thirteen stripes for the thirteen original colonies and fifty stars for the fifty states.

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6. American citizens and immigrants sometimes recite the Pledge of Allegiance to the flag. The pledge is a promise of loyalty to the United States.

THE PLEDGE OF ALLEGIANCE "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all."

1. Write T for true and F for False. Correct the false sentences.
1. ____ Before the American Revolution, the British flag was the flag of the thirteen American colonies. 2. ____ The Great Union flag was the flag of England during the Revolutionary War.

3. ____ Some people say that Abraham Lincoln made the first American flag.

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4. ____ The "Star-Spangled Banner" is a song about the Liberty Bell and the Statue of Liberty. 5. ____ The flag of the United States now has thirteen stars for the American colonies and fifty stripes for the fifty states. 6. ____ The Pledge of Allegiance is a promise of loyalty to the United States.

2. Write the words from the box.

Blue White Stars Stripes colonies Union Revolution anthem

The British flag was the flag of the thirteen American (1) _____________________________ before the American (2)___________________ . During the Revolutionary War, the red and (3) ____________________ stripes were symbols of these colonies on the Great (4)_____________________flag. The first American flag had thirteen (5) ____________________ in a field of (6)________________ . In the War of 1812, the flag had fifteen stars and (7) _____________________. Now the Star-Spangled Banner is the national (8) _____________________ of the United States.

3. Number the flags 1 5 in time order. Tell about each flag.

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4. More American Symbols

a. The delegates of the thirteen American colonies planned the Declaration of Independence, and Thomas Jefferson wrote it. The document declared the independence (separation) of the colonies from England.

b. Congress adopted the Declaration of Independence, and the delegates signed the document on July 4, 1776. The Liberty Bell in the State House in Philadelphia rang out on that day. c. The French gave the Statue of Liberty to the United States as a symbol of friendship. Now it is a symbol of freedom for new immigrants to this country. d. The American eagle is the offcial emblem (symbol) of the United States. It appears on the Presidential flag and on some coins.

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e. The donkey and the elephant first appeared in political cartoons. They are simbols for the Democratic and Republican Parties. f. Uncle Sam has the initials U.S. He originally appeared in political cartoons and is an unofficial symbol of the U.S. government.

5. Match the sentence parts. Write the letters on the lines.

1. ____ The Liberty Bell is the symbol of 2. ____ The Statue of Liberty is the symbol of 3. ____ The American eagle is the symbol of 4. ____ The donkey and the elephant are symbols of 5. ____ Uncle Sam is the symbol of a. the United States on the Presidential flag and some coins. b. the U.S. government. c. the Declaration of Independence. d. the two major political parties. e. freedom for immigrants to the United States.

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STUDY THE FOLLOWING IDIOMS :

NUTS AND BOLTS Every machine is held together by its "nuts and bolts". Without them, the machine would fall apart. That is also true of an organization. Its "nuts and bolts" are its basic, necessary elements. They are the parts that make the organization work. In government, industry, diplomacy -- in almost anything -- the man who understands the "nuts and bolts" is the most important. Success depends more on them than on almost anyone else. In government, the president or prime minister may plan and shape programs and policies, but it takes much more work to get them approved and to make them successful. There is a mass of detailed work to be done, the "nuts and bolts". This is often put in to the hands of specialists. The top leaders are always well known, but no those who work with the "nuts and bolts". This is equally true in the day-to-day operation of the Congress. The Majority Leader of the Senate, and the Speaker of the House of Representatives, together with the chairmen of committees, keep the business of Congress moving. But behind every Senator and Congressman are assistants. These people do all the detailed work to prepare the Congressman to vote wisely on each issue. The top assistant is the "eyes and ears" of a legislator. In diplomacy, the chief ministers are unquestionably important in negotiations. But there are lesser officials who do the basic work and preparations on the different issues to be negotiated. A recent book tells of a British prime minister who decided to send an ambassador to Washington to learn if a detailed plan could be worked out for joint action on an

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important issue. The talks in Washington, the minister said, would be of "nuts and bolts." He meant, of course, the talk would concern all the necessary elements to make such common action successful. TONGUE-IN-CHEEK People who say something with "tongue-in-cheek" are not serious, although they may seem so. They are just joking, like the man who winks one eye as a sign that what he is saying is all in fun. There was a time when people actually put their tongues into the cheek, or let them hang out of one said of the mouth, to show that they were fooling. That explains the expression. A man can say many things with "tongue-in-cheek" without making people angry. People don't believe he means what he says. If they did, he might find himself in trouble. Politicians, lawyers, judges and officials of all kinds might have risen up in violent anger against the cowboy humorist Will Rogers if they had thought he was serious. For example, when he said with a laugh: "I don't think you can make a lawyer honest by an act of the legislature. You've got to work on his conscience. And his lack of conscience is what makes him a lawyer". And the professors and university officials smiled when the Canadian writer Stephen Leacock wrote: "If I were giving money for a university, I would first build a smoking room; then after that, or more probably with it, a good reading room and library. After that, if I still had money that I couldn't use, I would hire a professor and get some textbooks". Popular politicians are well known for a kind of "tongue-in-cheek" humor. Most politicians will make sure voters know they can tell jokes. But the wise ones include themselves in any "tongue-in-cheek" stories they tell.

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President John F. Kennedy did this when he spoke at a dinner for 49 Americans who had been given the Nobel Prize. President Kennedy said: "I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House-with the possible exception of when Thomas Jefferson dined alone". And the women voters laughed when Charlotte Whitton who was mayor of Ottawa, Canada, said: "Whatever women do they must do twice as well as man to be thought half as good. Luckily, this is not difficult". President Abraham Lincoln was highly skilled in the use of "tongue-in-cheek" humor. For a long time, job seekers almost drove him out of his mind. So when he came down with that terrible disease, smallpox, while still in the White House, he said, "Tell all job hunters to come on in, I've got something for all of them."

WALK A TIGHTROPE Many circus expressions have found their way into everyday speech. One such expression is "to walk a tightrope". It first became popular in 1859. That is when a French acrobat, Charles Blondin, walked across a tightly-pulled rope over the Niagara River in New York State. He did it high over the frightening rush of Niagara Falls. Blondin's dangerous walk was widely reported, not only in the United States, but all over the world. Soon after that, tightrope acts became popular in circuses. And they still are. People sit holding their breath, wondering what can prevent the tightrope walker from falling off that thin line so high up in the air. A tightrope walker must move slowly, keeping perfect balance on the rope so he does not fall off to one side or the other.

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Many people who are not circus acrobats "walk a tightrope" today. You walk a tightrope when you have to balance carefully between opposing sides, when you cannot take one side or the other in an argument. A negotiator between opposing groups often has to "walk a tightrope" if he is to succeed. He cannot appear to support one side against the other. He has to keep his balance between the two sides, to stay in the middle. And balancing in the middle is what keeps the negotiator and the tightrope walker safe. P.T. Barnum was an early and very famous American showman. He traveled around the country with his circus acts, visiting town after town. To attract a crowd in each town Barnum marched through the streets with all the members of his circus. His band played loudly as it rode on a large wagon in the parade. Everyone called it "the bandwagon". Soon a new expression became popular - to "jump on the bandwagon". Political groups built bandwagons of their own during election campaigns. The bandwagons were used to attract voters to hear a candidate speak. Small boys often jumped on a bandwagon to join the musicians as they rode.

GRAMMAR PRACTICE THE NUMERAL (REVIEW) 1. Go back to the exercises on the Amendments to the U.S. Constitution and make the necessary changes:
e.g. Amendment 15 guarantees the right to vote to ex-slaves and black people.

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The 15th Amendment guarantees the right to vote to exslaves and black people.

2. Make sentences about the following information.

Amendment 12 What does the amendment say? Electors vote for the President and Vice President on separate ballots. 13 14 Slavery is illegal All people born in the United States or naturalized are citizens. 15 16 17 Black men have the right to vote. Congress has the right to tax income. The citizens elect United States Senators directly. 18 19 20 21 22 It is illegal to make or sell liquor. Women citizens have the right to vote. A new President takes office on January 20. The Eighteenth Amendment was repealed. Presidents may serve no more than two terms. 23 Citizens living in Washington D.C. may vote in Presidential elections.

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24 25

It is illegal to require voting taxes. The Vice-President becomes President if the President cant carry out his duties.

26

All citizens eighteen years and older may vote.

3. Listen to the text and fill in the gaps.

The Congress of the United States is the legislative, or lawmaking, branch of the federal government. It is a bicameral legislature, which means that it is made up of (1) chambers, or houses. They are the House or Representatives and the Senate. At the time of the Constitutional Convention of (2), the legislatures of 11 of the (3) states of the United States were made up of two houses. The House of Representatives has (4) members, or one elected from each congressional district. It is thus more than (5) times the size of the Senate, which has (6) members, or two elected from each state. The House of Representatives (commonly known as the House) is presided over by the Speaker of the House, who is nominated by the majority political party in that chamber. The Vice-President of the United States presides over the Senate. Because of its larger size, the House is more formal and has stricter rules than the Senate. For example, a member of the House (usually called a representative) is recognized to speak during a debate for a limited period of time, often five minutes or less. Senators normally have no such time limits placed on them. Therefore it is possible, as an extreme 206

measure, for a senator or group of senators to use this privilege of unlimited debate to delay or defeat legislation. This delaying tactic is called a filibuster. Members of the House are elected to 2-year terms of office. Senators are elected to (7)-year terms. Members of the House must thus seek re-election much more frequently than senators and have to pay especially close attention to the needs and opinions of their constituents the people in the districts they represents. The Constitution also requires that one (8) of the Senate shall be elected every two years. As a result, the Senate is more of a continuing body than the House, because two thirds of the Senates membership will remain unchanged regardless of what happens in an election. Although senators are now elected directly by popular vote (that is, by the people), at one time they were elected by the state legislatures. This change came about as a result of the (9) Amendment to the Constitution, ratified in 1913. House representatives must be at least 25 years of age and have been citizens of the United States for at least seven years. Senators must be at least (10) years of age and have been citizens for at least nine years. Both must be residents of the state in which they seek election. The committees in the House and the (11) in the Senate allow for the division of work and specialized Congress needs to manage the (12) or more bills introduced to it every two years. Each committee has its own special area of interest such as agriculture, health, taxation, energy, or education and a new bill will be sent to the appropriate

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committee. The committees, in turn, will distribute bills to even more specialized subcommittees. Committees have only enough time to deal with a small percentage of the bills referred to them. Most bills receive no further consideration and simply die in committee. If a bill is of particular importance, the committee will usually schedule hearings to gather information about the bill and listen to the opinions of those that favor or oppose it. The committee may then proceed to further consideration of the bill and offer amendments to it. Only if the committee votes to report (approve) the bill will it be scheduled for consideration by the chambers full membership.

WRITTEN ASSIGNMENT 1. Read the United States Constitution and answer the following questions.
1) What is the Supreme Law of the Land? 2) What is the highest court of the land? 3) What branch of government makes the laws of the nation? 4) How many Senators and Representatives does each state have in Congress? 5) Do United States residents have the same rights in all states? 6) Who is chief executive of the nation and Commander in Chief of the armed forces? 7) What are some of the duties and powers of the President?

8) What form of government do the states have?

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2. Answer the following questions.

1) 2) 3) 4) 5) 6) What are the qualifications for President? What are the qualifications for Vice President? For how many years may a President serve? If the President dies, who becomes President? Where does the President live and work? How should people address the President?

3. Tell about political parties in the United States and your native country.

4. Answer these questions in as many ways as you can.

1) What can the federal government do that a state government cant? 2) What does a state do that the federal government doesnt do? 3) What do both the federal and state governments do ? 4) What programs does the federal government provide funding for and state governments maintain?

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Topics for Presentations

The Constitution and the Federal System. Choosing the Nations President. Citizenship: Its Obligations and Privileges.

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UNIT 8

LEGAL EDUCATION

PRE-READING
1. What do you know about legal education in U.K./the U.S.A.? 2. What does jurisprudence mean?

READING
Legal Education is the branch of education devoted to preparing individuals for the practice of law and for other lawrelated careers. In the United States, legal education is carried out by approximately 200 law schools around the country. Most law schools are units of public or private colleges and universities. A small number of law schools, however, are independent. In most states, completion of law school is required before an individual may take a bar examination, and one must pass the bar exam to become a lawyer. In a few states, an individual may serve an apprenticeship in a law office for several years as an alternative to law school.

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Law schools in the United States are usually accredited by the American Bar Association (ABA). The ABA determines whether a new law school has skilled teachers, an adequate library, and sufficient resources to conduct a successful program of legal education. After the ABA grants a law school accreditation, it visits the school once every seven years to ensure that the school still meets the required standards. Graduates of ABA-approved schools may take the bar examination in any of the 50 states. Because each state has different laws, each one has different requirements for passage of its exam.

COMPREHENSION PRACTICE Find the words in the text, which have the same meaning as the following definitions:
1. the knowledge and skills that you gain from being taught; 2. a period of time you spend training to improve your skill in doing something; 3. a job or profession that you have been trained for and intend to do for several years; 4. the state of being finished; 5. group of lawyers; 6. the job of being an apprentice; 7. something that you can choose to do or use instead of something else; 8. having official approval to do sth; 9. good enough in quality for a particular purpose or activity.

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READING AND VOCABULARY PRACTICE

1. Match the titles with their corresponding paragraphs.

a) Instruction and Degrees b) Current Issues

c) History in the United States d) Admission and Enrollment

1. Most U.S. law schools require applicants to have a bachelors degree as a condition for admission. In addition, almost all require applicants to take the Law School Admissions Test (LSAT). There is no required pre-law course of study. While many pre-law students major in political science or economics during their undergraduate college years, others study such subjects as philosophy, math, engineering, or business. Admission to most law schools is competitive. The most selective schools offer fewer than one out of four applicants a place in the entering class. Typically, a committee of faculty members and administrators makes the admissions decision by reviewing the file of each applicant. In making its decision, the admissions committee considers such factors as the grades earned by the applicant in college, the reputation of that college, the applicants score on the LSAT, letters of recommendation, and essays or personal statements by the 213

applicant. Very few law schools interview candidates for admission. There are approximately 120,000 law students enrolled in the United States and about 40,000 graduate each year. Tuition costs for legal education are substantial, especially at law schools affiliated with private universities. Many such schools charge more than $20,000 per year, not including books, housing, or food costs. Law school tuition rates usually rise at or slightly ahead of the general rate of inflation. 2. Law school requires three years of full-time study. Some schools offer part-time programs that hold classes in the evening. Part-time programs require four years of study. Almost all schools require the same basic courses during the first year of the program. These include contracts, criminal law, property, civil procedure (the study of the rules controlling the conduct of lawsuits in court), constitutional law, and torts (the study of law governing personal injury). After the first year, students are free to choose from many courses concerning specific areas of the law. Among the many elective courses offered by most law schools are corporate law, criminal procedure, international law, family law (the law of divorce and child custody), copyright law, evidence, and legal history. Along with classroom work, most law schools offer clinical programs that permit students to represent individuals with relatively simple legal problems, under the supervision of a faculty member. Unlike most colleges, law schools do not require students to select a major field of study. Some students informally choose to specialize in a particular branch of the law, but most take a very general program of studies. The basic law degree at American law schools is the doctor of

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jurisprudence (J.D.). The J.D. degree permits an individual to take the bar examination, which is, in turn, a prerequisite for receiving a license to practice law. After completing a J.D. degree, students may return to law school for one additional year to earn a master of law, or LL.M. degree. Some schools offer a highly specialized degree known as the doctor of juridical science (S.J.D). 3. Before the American Revolution (1775-1783), the American colonies had no law schools. Lawyers studied for their profession by serving as an apprentice to an older, more established lawyer. The first law professor in the United States was George Wythe, who was appointed to teach law at College of William and Mary in 1779. The first school that devoted its entire educational program to the study of law was the Litchfield Law School in Litchfield, Connecticut, founded in 1784. The Litchfield Law School operated until 1833. Several major universities, such as Harvard, Yale, and the University of Virginia, established law schools in the early 19th century. By the time of the American Civil War (1861-1865), there were approximately 20 law schools in the United States. At this time law was taught through formal lectures. For their texts, students read the works of great legal authors, such as British jurists Sir Edward Coke and Sir William Blackstone. In the late 19th century Christopher Columbus Langdell, the dean of the Harvard Law School, introduced a new method of study known as the case method. Langdell felt students could learn more about the law by studying actual court opinions than by reading legal texts. By the early 20th century virtually every American law school had adopted Langdells method. 4. There are now approximately 1 million lawyers in the United Statesmore than one lawyer for every 300 people in

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the country. This relatively large number of lawyers has discouraged some people from going to law school because of concerns that they may not be able to get a job after they graduate. As a result, the number of applications to law schools declined in the mid-1990s, and some schools decided to reduce the size of their student bodies. Other schools have developed special programs to help them compete for students. The question of how many lawyers and law schools our society really needs is a subject of debate among legal educators and government officials. Another controversial issue concerns the racial composition of law school student bodies. Prior to the 1960s very few law students were women or members of minority groups because of widespread social discrimination against those groups. Since then, law schools have actively encouraged women and minority students to study law, often through various affirmative action programs. Today about half of all law students are women, and members of all minority groups are represented in significant numbers. 2. Read the text and complete the table below. The principal modern schools of jurisprudence are the naturallaw school, the analytical school, the historical school, the comparative school, and the sociological school. The first three differ mainly in their views of the nature and origin of law and its relation to ethics. To the natural-law jurist, law is antecedent to the state; to the analytical jurist, it is the creation of the state; and to the historical jurist, state and law are social products, developing side by side, each influencing the other. To the natural-law

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jurist, law is cognizable by pure reason; to the analytical jurist, it is the command of the sovereign power; to the historical jurist, it is the formulated wisdom of men and women. To the natural-law jurist, law is applied ethics, and, in the extreme form of the theory, that which is not right is not law. To the analytical jurist, a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign. The historical jurist accepts this position taken by the analytical school, but points out that it is difficult for a lawmaker to act otherwise than in accord with the contemporary sense of right, and that laws which run counter to that sense are not likely to be enforced. Historical jurisprudence differs from analytical jurisprudence chiefly in emphasizing the great part played by social custom in developing and establishing law. To the analytical jurist, customary law, including judicial custom, is an anomaly that should be abolished by covering the whole field of social relations with written codes. The natural-law school has its roots in Stoic philosophy and Roman jurisprudence; it was increasingly dominant in Europe from the Reformation to the close of the 18th century. The theory of the analytical school was first sharply formulated by the English philosopher Thomas Hobbes in his Leviathan (1651). The views of this school, however, did not originate in England. The tendency to exalt the function of the legislator appeared on the Continent at the close of the Middle Ages and was associated with the efforts of the national states to rid themselves of the chaos of varying provincial and local customs that had taken form during the Middle Ages. This end could be attained only by national legislation and has been fully attained only by the adoption of national codes.

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The historical school dates from the 19th century, as a reaction against natural-law ideas. Its principles were first clearly defined in 1814 by the German jurist Friedrich Karl von Savigny. The latest school, the comparative, of which the leading early exponents were the German legal scholar Rudolf von Jhering and Albert Hermann Post, represents a widening of the field of investigation. Each national law is studied historically and the various national systems are compared at similar stages of development. As a result of this process, not only may the normal course of legal development be discovered, but that which is universal and human may be separated from that which is particular to a single nation or to a special stage of development. Then, as Jhering hoped, it may eventually become possible to write a history of the law of the world. School History Characteristics

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3.

GROUP WORK.

What characteristics should be the competent legal secretary press? 4. Read the following ad and answer it.
Our case Review Managers are responsible for investigating and reviewing cases. Possibly, but not necessarily legally qualified, they combine highly developed analytical, selfmanagement and comunication skills in a practical team orientated environment together with experience of complex case-work and a working knowledge of the criminal justice system. If you think you have skills and experience nedde for this demanding, rewarding and thought-provoking work, we would like to hear from you. Although we might not have an immediate vacancy, we will keep your details on file and should you match our needs, we will contact you when an opportunity arises. Please send your cv and covering letter to: recruit@gov.uk Alternatively post your cv and covering letter to .. 5. Match the titles with their corresponding paragraphs.
a) Dealing with People c) Duties b) Court Personnel d) Types of Position

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1. Many kinds of positions are available to the legal secretary. They include working in a single-attorney office, in a large law firm, in the in-house law department of a large corporation, and in the local, state, and federal court systems. In addition, legal practices vary from the general to specialties in real estate law, corporate, corporate law, criminal law, tax law, estate planning, marital law, and labor law. 2. The functions of the legal secretary may be divided into three major areas: dealing with people, managing the law office, and preparing legal instruments and court papers. Many of duties of the legal secretary are identical to those of types of secretaries. 3. The legal secretary comes into regular contact either personally or by written or phone communication with lawyers, fellow employees, clients and potential clients, and court personnel. The secretary must never be afraid to ask the attorney questions when unsure of what should be done. All attorneys would prefer to answer questions than to presented with a legal paper done incorrectly. Moreover, the more a secretary knows about the attorneys clients, cases, and work habits, the more effective she or he can be in helping the attorney deal with the burden of work. The secretary must always respect the confidentiality of legal matters. Opinions, information, and anecdotes must never be carried beyond the confines of the office. 4. The secretary will also come into contact with court personnel, most often through phone contact with court clerks. These contacts are usually important, involving requests for

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information, such as the postoponement date of a trial, whether some legal papers were received, or whether certain exhibits need to be attached to papers (e.g., a copy of a lease in a landlord-tenant dispute). Have available the name of the case and the case index number. And when receiving information from the court clerk, write it down. 6. Complete the following definitions using suitable words from the box below. contract deed will affidavit

1. A _________ is a legal instrument that, when delivered, transfers a present interest in property. 2. A ___________ is a legal agreement between two or more people to do something. 3. An ___________ is a written statement made on oath before a notary public or other person authorized to administer oaths. 4. A __________ is a legal statement of a persons wishes concerning the disposal of his or her property after death.

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GRAMMAR PRACTICE The Preposition (Review) Fill in the gaps with the missing prepositions.
1. Do you know it _______ certain? 2. Ive heard a shout _______ help. 3. _____ the wole, everything seems all right. 4. What should I do that ______? 5. She took ______ heart what he had told her and was terribly disappointed. 6. Do you want to go in ______ the competition? 7. In Britain there are several societies _____ cruelty ____ animals. 8. Who did you mistake him ______ when you met him? 9. That behaviour is really characteristic _____ him. 10. He is not ____ the premises. 11. I am afraid I was taken ______ (cheated) by the car salesman. 12. I am acting _____ the law. (I am not breaking the law). 13. ______ all I know (as for as I know), he is still living. 14. He is _____ prison for forgery. 15. He is very sure of himself and never _____ a loss for an answer. 16. Is that law still _____ force? 17. His remarks are always _____ the point. 18. She pays all her bills ____ cheque. 222

APPENDIX A - IRREGULAR VERBS

Verbs abide arise awake bear beat become begin bend bereave beseech beset bet bid bind bite bleed bless blow break breed bring broadcast browbeat Past tence abided, abode arose awoke, awakened bore beat became began bent bereft, bereaved/bereft besought, beseeched beset bet/ betted bade, bid bound bit bled blessed, blest blew broke bred brought broadcast browbeat Past Participle abided arisen awoken borne beaten become begun bent bereaved besought, beseeched beset

Romanian translation
a rmne, a sta, a rbda a se ridica a (se) trezi a purta/suporta, a da natere a bate a deveni a ncepe a (se) ndoi a rpi a implora

a asedia; a asalta, a coplei bet, betted a paria bid, bidden a ruga; a proclama; a licita bound a lega bitten a muca, a reteza, a rni bled a sngera blessed, blest a binecuvnta blown a sufla, a bate vntul broken a (se) sparge bred a crete, a educa brought a aduce broadcast a emite (radio/TV) browbeaten a privi amenintor, a intimida

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build burn burst buy bust cast catch chide choose cleave cling come cost creep cut deal dig dive do draw dream drink drive dwell eat fall feed feel fight

a construi a arde a izbucni, a nvli, a crpa bought bought a cumpara (Br.E.) bust, (Br.E.) bust, a face felul; a arunca n (Am.E.) busted (Am.E.) busted aer cast cast a arunca, a distribui caught caught a prinde chided, chid chid, chidden a ocr chose chosen a alege cleaved, cleft, cleaved, cleft, a despica, a separa clove cloven clung clung a se aga came come a veni cost cost a costa crept crept a se tr, a se furia cut cut a tia dealt dealt a trata, a se ocupa de dug dug a spa dived, (Am.E.) dive a (se) scufunda, a plonja dove did done a face drew drawn a trage, a desena dreamed, dreamed, a visa dreamt dreamt drank drunk a visa drove driven a conduce un vehicul, a ofa dwelt, dwelled dwelt, dwelled a locui ate eaten a mnca fell fallen a cdea fed fed a hrni felt felt a (se) simi fought fought a (se) lupta

built burned, burnt burst

built burned, burnt burst

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find flee fling fly forbid forecast forego foresee foretell forget forgive forsake forswear freeze get give go grind grow hang have hear heave hide hit hold hurt input

found fled flung flew forbade, forbad forecast forewent foresaw foretold forgot forgave forsook forswore froze got

found fled flung flown forbidden forecast foregone foreseen foretold forgotten forgiven forsaken forsworn

a gsi a fugi a arunca a zbura a interzice a prevedea/estima/ prognoza a precede a prevedea, a anticipa a prezice, a prevesti a uita a ierta a prsi/abandona a (re)nega, a jura, strmb a nghea a primi, a obine

frozen got, (Am.E.) gotten gave given went gone ground ground grew grown hung, hanged hung, hanged had had heard heard heaved, hove heaved, hove

a da a merge a mcina a crete a atrna, a spnzura a avea a auzi a ridica, a aburca, a scoate hid hidden, hid a (se) ascunde hit hit a lovi held held a ine hurt hurt a lovi, a rni, a durea inputted, input inputted, input a alimenta/furniza energie

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inset

inset, insetted

interbreed interbred interweave interwove keep kneel knit know lay lead lean leap learn leave lend let lie light lose make mean meet miscast mishear mislay mislead misread misspell kept knelt, (Am.E.) kneeled knitted, knit knew laid led leaned, (Br.E.) leant leapt, (Am.E.)leaped learned, learnt left lent let lay lit, lighted lost made meant met miscast misheard mislaid misled misread misspelt, misspelled

inset, insetted a introducere, a bga, a insera interbred a (se) ncrucia interwoven a mpleti/ntreese, a lega stns kept a ine, a pstra knelt, (Am.E.) a ngenunchia kneeled knitted, knit a tricota known a ti, a cunoate laid a pune, a aeza a aterne led a conduce leaned, (Br.E.) a (se) apleca, a (se) leant sprijini leapt, (Am.E.) a sri leaped learned, learnt a nva left a pleca, a lsa lent a da cu mprumut let a lsa, a permite lain a sta ntins, a se afla lit, lighted a aprinde lost a pierde made a face meant a nsemna met a (se) ntlni miscast a repartiza; a distribui prost misheard a nu auzi bine mislaid a pierde, rtci misled a induce n eroare misread a citi greit, a interpreta r u misspelt, a scrie greit misspelled

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mistake misunderstand outbid outdo outgrow outrun outsell outshine overbear

mistook mistaken a confunda, a grei misunderstood misunderstood a nelege greit outbid outdid outgrew outran outsold outshone overbore outbid outdone outgrown outrun outsold outshone overborne overcast overcome overdone overdrawn overeaten overhung overheard overloaded, overladen overpaid overridden overrun overseen overshot a supralicita a ntrece a depi, a lsa n urm a ntrece a ntrece n vnzri a ntrece n strlucire a impune/constrnge, domina a nnora, a ntuneca a nvinge, a nfrnge, a depi a exagera, a ntrece msura a exagera, a nu avea acoperire a mnca prea mult a atrna deasupra, a amenina a (sur)prinde o conversaie a suprancrca a plti prea mult a nesocoti; a se extinde peste a invada, a covri, a depi a supraveghea A trage/ inti prea departe a dormi prea mult

overcast overcast overcome overcame overdo overdid

overdraw overdrew overeat overate overhang overhung overhear overload overpay override overrun overheard overloaded overpaid overrode overran

oversee oversaw overshoot overshot

oversleep overslept

overslept

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overtake pay partake plead prove put read rebind rebuild recast redo relay remake repay rerun resell reset rethink rewind rewrite rid ride ring rise run saw say see seek sell

overtook paid partook pleaded, (Am.E.) pled proved put read rebound rebuilt recast redid relaid remade repaid reran resold reset rethought rewound rewrote rid, ridded rode rang rose ran sawed said saw sought sold

overtaken paid partaken pleaded, (Am.E.) pled proved, (Am.E.)proven put read rebound rebuilt recast redone relaid remade repaid rerun resold reset

a ajunge din urm, a depi a plti a mpri a pleda; a susine un caz a dovedi

a pune a citi a lega din nou a reconstrui a remodela, a preface a face din nou a repune a reface a rsplati, a restitui a relua a revinde a repune, a reaeza, a restabili rethought a reconsidera rewound a nvrti, a ntoarce rewritten a rescrie rid, ridded a se descotorosi ridden a clri, a merge cu bicicleta rung a suna risen a rsri, a se ridica run a fugi sawn , sawed a tia cu ferstrul said a spune seen a vedea sought a cuta sold a vinde

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send set sew shake shear shine shoot show shrink shut sing sink sit slay sleep slide slink slit smell

sent set sewed shook sheared shone, shined shot showed

sent set sewn, sewed shaken shorn, sheared shone, shined shot

shown, showed shrank, shrunk shrunk shut sang sank, sunk sat slew slept slid slunk slit smelt, (Am.E.) smelled shut sung sunk sat slain slept slid slunk slit smelt, ( Am.E.) smelled sowed sown, sowed spoke spoken sped, speeded sped, speeded spelt, (Am.E.) spelt, (Am.E.) spelled spelled spent spent

a trimite a potrivi, a monta, a fixa a coase a scutura, a tremura a tunde oi a lustrui, a strluci a trage, a mpuca, a filma a arta a intra la ap, a se strnge a nchide a cnta a (se) scufunda a edea a ucide, a mcelri a dormi a aluneca a se furia a despica a mirosi

sow speak speed spell spend spill spin

a semna a vorbi a accelera a ortografia

a cheltui, a petrece un timp spilt, (Am.E.) spilt, (Am.E.) a vrsa spilled spilled spun, span spun a toarce

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spit split spoil spread spring stand steal stick sting stink stride strike string strive

stood stolen stuck stung stunk stridden struck strung striven, strived swear swore sworn sweep swept swept swell swelled swollen, swelled swim swam swum swing swung swung take took taken teach taught taught tear tore torn thrive thrived, throve thrived throw threw thrown thrust thrust thrust tread trod trodden, trod unbend unbent unbent unbind unbound unbound underlie underlay underlain undersell undersold undersold understand understood understood

spat, (Am.E.) spit split spoiled, spoilt spread sprang , (Am.E.) sprung stood stole stuck stung stank, stunk strode struck strung strove, strived

spat, (Am.E.) spit split spoiled, spoilt spread sprung

a scuipa a despica a rsfa, a strica a (se) rspndi a izvor, a (r)sri a sta n picioare a fura a (se) lipi, a nfige a nepa a mirosi urt a merge cu pai mari a lovi a nira a se strdui, a nzui a jura, a njura a mtura a (se) umfla, a crete a nota a (se) legna a lua a preda, a nva (pe) a rupe, a sfia a prospera a arunca a nfige a clca, a pi a dezdoi a dezlega, a elibera a sta la baza a vinde mai ieftin dect a nelege

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undertake undertook underwrite underwrote undo undid unwind uphold upset wake wear weave wed weep wet win wind withdraw withhold withstand write unwound upheld upset woke, waked wore wove wedded, wed wept wetted, wet won wound withdrew withheld withstood wrote

a ntreprinde a subscrie, a garanta a desface, a dezlega; a ruina unwound a desfura, a dezlega upheld a sprijini, a confirma, a aproba upset a se rsturna, a se tulbura woken, waked a (se) trezi worn a purta woven a ese wedded, wed a se cununa wept a plnge wetted, wet a (se) uda won a ctiga wound a rsuci, a erpui withdrawn a (se) retrage withheld a reine, a opri withstood a se mpotrivi, a rezista la written a scrie

undertaken underwritten undone

source: LONGMAN DICTIONARY OF CONTEMPORARY ENGLISH

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APPENDIX B - IDIOMS
Above board Ace in the hole Acid test All for it All one`s eggs in one basket All shot Along with, to go (an idea) An arm and a leg A-one( A-1) Apple polish(ing) Around the clock Asked for it Back to the Backbreaker Bad time Bad time, give Bag, in the bag Ball, on the Be caught red-handed Be in charge of, to Be in hot water Be in the spotlinght/ limelight Beat around the bush Beats me Bet your bottom/last dollar Honest A surprise; a surprise situation; any argument, plan or thing kept hidden until needed Trial of value or quality through usage under the hardest condition; a thorough, conclusive trial Agree entirely Risk everything on one effort or operation, concentrate all resources, supplies, etc., in one place. ruined ( plans) To agree; follow Very expensive The best Try to gain an advantage by saying nice things or giving gifts 24 hours a day; a full day Invite trouble; deserve the results To begin again/start over again Difficult job; Time spent in jail Make or create a difficult situation for someone Successfully settled or arranged Correct; efficient; thinking or acting quickly Be found in an act of wrongdoing To command Be in trouble Be in the public eye, be famous Delay coming directly to the point I don`t understand this Be absolutely sure of something

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Between a rock and a hard place/between the devil and the deep blue sea/on the horns of a dilemma Between the rock and the hard spot Bible Bigwig/ big wheel/ kingpin/top banana Bird dog, to Blak sheep Blow one`s stack/ top; blow up Blow the deal/works Boiling mad Bottleneck Brain Break out Break, give someone a break Break, take a break Briefing Bring to light, to Bring up a point Broad picture Buck the system Bucket of worms Build an empire

Choice between two equally dangerous things

Faced with two or more alternatives or choice, all of which are bad Authoritative documents, such as manuals, textbooks, etc. Important person To supervise or watch closely Person who does things that are not are accepted, that violate tradition Lose one`s temper; get very mad Cause a plan or operation to fail as a result of a stupid mistake Be very angry A place or person who acts as an obstacle to progress or free movement An intelligent person Escape; remove from storage or holding place Don`t enforce the rules or standards fully A short rest Explanation of a plan To reveal; illustrate Introduce a piece of information A general view of a situation Challenge or oppose standard procedures A difficult, complicated, or ambiguous situation, problem Enlarge an organization for the purpose of making one`s own position or job appear more important

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Bull by the horns; take the bull by the horns Burn one`s bridges/boats Burnt out By the book Call it a day Come up with the solution, to Carry on with, to Carry out an order,to Cat, let the cat out of the bag Catch on, to Catch, what`s the Chiefs and not enough Indians, too many chiefs and not enough Indians Clear-cut Cloak-anddagger(work) Cloud the issue Cold blooded people Cold feet, get Cook up, to Cool down/off Count me in Count me out Count on, to Crap Cross someone`s heart Cross your fingers

Approach a problem or difficulty directly Destroy any chance of turning back or changing one`s decision Mental or physical exhaustion Following rules or orders exactly as they are written Quit for the day To find the answer, to solve To continue To do or execute an order Release information, ideas, etc, before the intended time To understand This sounds top easy; there must be a hidden trick Too many people giving directions and not enough people doing the real job

Definite Spying or intelligence work Confuse the issue People acting in cruel ways Become afraid or timid To preparare; make a plan Decrease in intensity; calm down Include me Exclude me To depend or rely on Information that is not true or believable Promise to tell the truth Hope for good luck

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Cross-check, to Cry over spilled milk; don`t cry over spilled milk Cut down; cut someone down to size Damned if you do, damned if you don`t Dark, in the Deadline Dirty work/ nasty business Do or die Doesn`t know which end is up Don`t make waves Don`t see the forest for the trees Down and out Down hill; go down hill Down the drain Down-to-earth Draw the line Drive home Driving at; getting at Eager beaver

To verify from different sources Don`t worry about things that have already happened when you can`t change the results Deflate a person`s opinion of himself You`re likely to be criticized equally by those who are for it and those who are against it Ignorant of/without knowledge Completion date; Prevent the use of An unpleasant job or task Make a maximum effort Utterly confussed or stupid Don`t disturb the situation; maintain the status quo Too busy with details to see the big picture Totally defeated Deteriorate; get worse; stop trying Lost without possibility of getting back Honest, open and easy to deal with Set a limit Make obvious, stress a point Aiming at; leading up to Person who is always willing and excited to do what is expected of him and do it as quickly as he can Try to get any information you can

Ear to the ground; keep your ear to the ground Easy come, easy go

That which has gotten easily does not represent

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Easy touch/ soft touch Easygoing Eat your words Eye on, to keep an Federal case, make a Feel for you; I feel for you Feel like two cents Feet on the ground; get one`s feet on the ground Fence, on the fence Figure hammer and tongs, to Figure out Fingertips, to have at your Fink Flip ( one`s top) Follow one`s nose Foot in one`s mouth; put one`s foot in one`s mouth Free ride Freeze Get action Get ahead, to Get along without, to Get around a, to

a great loss when it is lost Someone who is kind and helpful Relaxed; unexcited Be forced to admit that a previous statement was wrong To watch closely To exagerate; to stress something which is not important I have sympathy for your situation but I can`t do anything about it Feel embararrased or foolish; feel small Get organized or oriented

Undecided, neutral To fight heavily; closely engage Reason out; discover; determine To have available; ready A person who carries stories or information to his superiors Act in an irrational or unrealistic way Go straight ahead; do what is appropriate or obvious Say something one should not have said

Get something extra without expense or effort Be too frightened to move; to restrict; stop in place Obtain results To advance To exist without To find an answer

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Get away with it Get by with, to Get in touch with, to Get on with Get rolling Get the show on Give away ( a give away) Give him the green light Give the highlights(of, on) Give up Go along with Go for it! Go for record Go through the mill, to Go to law/go to court/ file a lawsuit/ bring an action against/take legal action/undertake legal proceeding/institute an action at law/prefer charges against someone/ press charges against someone Goldbrick Gone to the dogs Good deal, it`s a Green light Greenhorn

Succeed by taking a chance To succeed; to manage ( with little money, etc.) To communicate with Continue Begin; start To begin; start Fail to deceive( failure in deception) Give your agreement ( signal to continue) Cover only the most important points Surrender Agree Try!; Take a chance! Do something officially To experience; to undergo hardship Sue

A lazy person In poor condition; become bad Wonderful; to one`s liking Approval to continue with a program or action Person who has no experience ( who is new in a job)

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Guesstimate Hand in glove with Hand; get out of hand Handcarry (it) Hands are tied Hands full; got his hands full Have somebody in the palm of your hand/eating out of one`s hand/ twist someone round one`s little finger/ lead someone by the nose/ someone is putty in your hands. Hang tight Hard and fast rule Hard time, give one a hard time Hardnose Have one`s hands full Head over heels Helping hand Highlight, to Hit the ceiling Hit the road Hit the roof Hits the nail on the head Hold it Hold out

A close guess based on experience( from guess and estimate) Closely together; closely related Get out of control Personally take a letter, report from, etc., instead of sending it by mail or through distribution Cannot act He`s fully occupied Have strong influence on someone

Not to give up Invariable; fixed Make it more difficult than necessary for someone A person who enforces regulations strictly and sternly Be very busy or occupied with In a completely confused state or condition Help To emphasize; stress Lose one`s temper Begin, start Lose one`s temper Is exactly correct Stop it; wait Continue to resist

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Holding the bag, left Horns of dilemma, on the Hot ( news, poop), the Hot potato Hot water, in I`ll buy that In black and white In the air In the bag In the black In the red In tune with In/ by my book Irons in the fire; have irons in the fire It`s all yours/ It`s yours It`s beyond me Jam, in a Jammed up Jump ahead of, one Jump to conclusions Junk Kangaroo court

Be held responsible In a difficult position Latest, important information Difficult problem; a situation In trouble I agree In writing Currently rumored/ undecided; uncertain Positive certain In a good situation In debt Agree; in accord with In my opinion Have project going Its your problem I don`t understand this In trouble Crowded Planned in advance Decide too quickly Useless, worthless items Kind of court that often takes the law into its own hands ( e.g. illegal trials held by prisoners in jails and prisons ) Stay calm Remember Don`t let things slow down To control or keep in contact with Don`t get excited Stay out of trouble The principal point

Keep cool Keep in mind Keep the ball rolling Keep your finger Keep your heed Keep your nose clean Keystone

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Kick the bucket Kick the habit Kickoff, to Kid gloves, handle with Knock it off Know the ropes, to Know your way around, to Know-how, the Lame duck Law-abiding Lawbreaker Lawmaker Lay down the law

Die Free oneself of a bad habit To begin Treat very carefully Shut up; cease; stop it To know the procedures To be ( became) familiar with The ability, the knowledge Politician completing his term in office after not being reelected Obedient to the laws Person who breaks the law Legislator Be dogmatic or authoritarian, establish and enforce regulations and discipline Explain clearly and thoroughly, all the details

Lay it out on the table/ lay the cards on the table, to Learn the ropes Let`s blow Let`s take a look (at)(into) Letter of the law Lobbying Look into Make a mountain out of a molehill/make a big deal out of something, to Make do

Learn the standard procedures; learn the job Let`s go; let`s leave Let`s examine Each detail of the law Attempt to influence a legislator`s vote on a bill Examine Make a small problem into a big problem

Use what you have in the absence of what you want or need

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Mess around Mess up Monkey business Nail down Nail him to the cross Never mind Never say die Nose around Number one Nutshell, in a Off the cuff, record Off the track On the carpet On the double On the drawing board On the fence On the hook On your own Out of hard Out of the woods Out on a limb Over my head Overall picture Paint a rosy picture, to Pass the buck, to Payoff , the Pay off, to Piece of cake/easy as pie Plant, a Play games Play it by ear

Waste time or effort Ruin; spoil Secret, maybe illegal activities Determine exactly Impose or inflict the most severe punishment Forget about it Never give up hope Informally visit, converse, etc., for the purpose of obtaining information unofficially The best; the top man; the person in command Briefly Not official; not to be quoted Away from; unaware To reprimand Quickly rapidly Being Undecided In a difficult position Independent; alone Out of control The most difficult or dangerous part of something is ended Undecided; doubtful Difficult to understand Complete situation To describe in an ideal manner To avoid responsibility by giving it to another Result, climax To produce good results Extremely easy A spy Be childish; be playful; not serious Operate independently and in response to the needs of the situation

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Play safe, to Poll the class Point, there is no Poker face Pro and con Put your finger on it Recap, to Right down my alley Rolling out the red carpet Rough idea, a Rough time Rule of thumb Run ( it) down Run the show, to Run, on the Save your skin/ hide Saved by the bell Scapegoat Schedule, tight Scraping the bottom of the barrel Screw up See the light, to Shake-off, to Shape up or ship out Shift gears

To be cautious Take a vote; ask for opinions There is no reason Someone who shows no emotion For and against Be specific; explain To recapitulate; to summarize Very familiar to me An especially warm welcome of any kind A general conception Difficult time Fixed rule Trace something to its source; try to find out where something originated To command, to be in charge To run moving quickly Protect yourself Had a very narrow escape; just barely escaped disaster One who is blamed A great deal in a very short period of time Having to use inferior supplies, men, equipment, etc., because the best quality has already been used; getting the very last of something Ruin; spoil; make a mistake To understand Get rid of; lose Conform to or obey the standards or be prepared to leave Change a presentation or talk to better fit the level of the audience or the needs of the occasion Go ahead! A quick and easy way

Shoot! Shortcut

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Shot, to take a Showdown Sidetrack Silver lining, the Sit tight Size up the situation Skin of your teeth, by the Skip over, to Smoking gun Snow under Snowball, to Sorry about that Sort of Spell out Spread the word Stand by Start from scratch Start the ball State of the art Step on people`s toes Take care of Take it easy Take over, to Take the law into one`s own hands Talk down( to) That`s tough Throw away the book/

To attempt; try Important meeting Divert from main purpose The happy part of a situation which seems difficult Wait; do not move Make an estimate of the situation Just barely succeed To avoid mention of, to omit Piece of evidence that proves someone is guilty of a crime To overwhelm To become bigger That`s bad, but that`s the way life is( usually used in a humorous manner) Somewhat To be specific; to explain step-by-step Convey a message to others Wait; reserve item, group, etc., which is held in readiness Explain from the beginning Begin Modern Offend or antagonize others Be responsible for; be able to handle Relax To take the place of; to replace in command Redress a grievance by one`s own especially by force Present something so simplified that it insults the inteligence of the listeners That`s too bad Standard procedures won`t apply in this case

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trow the book away Tied up Time`s running short Toe the line/ mark Touch-and-go Tough time ; give one a tough time Turn into Up in the air Up to you, its Update him Update it Up-to-date/Up-to-theminute VIP Washed up Wear two hats Whats up? White lie White-collar job Whitewash Work it out, to

Busy; detained Not much time remains Meet standards Very closely matched Make things difficult for a person Become Not yet decided or resolved It depends on you Give him the most recent information on anything Make agree with new facts The latest information Very important person A failure; a person who has no future Act in two or more jobs at once What is going on?; what is the state of the situation? Harmless false statement or lie Job where you work at a desk, using your brain instead of your muscles. Hide or cover up mistakes or failures To solve

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APPENDIX C - ENGLISH -ROMANIAN GLOSSARY accept/ a brief for/on behalf of somebody, to: a accepta s apere, s reprezinte pe cineva n justiie; account for something a explica o cauz, a da socoteal de

acknowledge the corn a recunoate veridicitatea unei afirmaii, a admite un fapt, (prin extensie) a-i recunoate vina;
act for somebody a aciona n numele cuiva; administer justice a aplica legea, a face dreptate; appear for somebody a reprezenta pe cineva (n instan); back up a susine, a sprijini bail out a elibera pe cauiune be after a fi pe urmele (unui rufctor) be art and part in a fi prta/ complice la be at the bottom of something a fi instigatorul, tartorul unei aciuni, a fi responsabil de un lucru bear witness (to) a fi martor(ul), a sta marturie be at the horn a fi (declarat) n afara legii be before a fi supus dezbaterii, a fi judecat (de un tribunal) be behind bars a fi n nchisoare, a fi dup gratii; be chiselled out of something a i se lua un drept/ avantaj be in collusion (with) a fi de coniven (cu) be in force a fi n vigoare be on the register a fi pe lista suspecilor, a fi pus n urmrire, a fi inut sub observaie be on trial a fi judecat, a fi acionat n justiie be out of jail a fi ieit din nchisoare be raised to the bench a fi fcut judector be within ones rights (to do something) a avea toate drepturile (sa faca ceva) 245

bail down a case a prezenta un caz n linii mari bow the crumpet to a-i recunoate vina/ invinuirea adus (ntr-un proces) bring a charge against somebody a aduce cuiva o acuzaie, a acuza (oficial) pe cineva bring a charge/crime home to somebody a dovedi vinovia cuiva bring into open a da n vileag, a dezvlui, a face public bring more sacks to the mill a aduce argumente suplimentare bring to light a dezvlui bring to trial a da n judecat, a aciona n justiie call to record/witness a lua drept martor/mrturie, a invoca/face apel la mrturia (cuiva) catch somebody red-handed a prinde pe cineva n flagrant delict/ asupra faptului charge somebody with something a acuza pe cineva de ceva circumstances alter cases depinde de mprejurri, trebuie procedat de la caz la caz clap by the heels nv. a bga la nchisoare, a aresta clap somebody in/ into jail/ prison/ solitary confinement a arunca pe cineva n nchisoare, adeseori fr judecat come into effect a intra n vigoare come into force a intra n vigoare cover up ones tracks a acoperi/ terge urmele cuiva; fig. a lucra acoperit cover up somebodys tracks a acoperi/ terge urmele cuiva; fig. a acoperi pe cineva cut across ones own inerests a contraveni propriilor sale interese deal out justice a mpri dreptatea, a face dreptate denaunce to the horn scot. a scoate/ pune n afara legii

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drop the bucket austral., arg. a arunca/ da vina pe cineva (ntr-un proces) duck the scone austral., arg. a -i recunoaste vina (ntr-un proces) earn the wages of sin a fi spnzurat/ condamnat la moarte explain something away a gsi o explicatie plauzibil/valabil pentru ceva (nlturand astfel orice dubiu) ex post facto (d. o lege) cu efect retroactiv fasten on/ upon somebody a-i aduce cuiva o acuzaie find for the plaintiff/ defendant a pronuna sentina n favoarea reclamantului/prtului fling something at somebody a-i arunca cuiva n obraz o acuzaie flag the eat a se justifica neconvingtor get a fair hearing a fi ascultat cu imparialitate/obiectivitate get on the scent/trial a da de urma, a gsi/dibui urma get round the law a ocoli legea get the chair a fi condamnat la (moarte pe) scaunul electric give a false/wrong scent a pune pe o pist fals give harbour to somebody a tinui pe cineva (un criminal, un evadat) give somebody a fair hearing a asculta pe cineva cu imparialitate/obiectivitate give (somebody) chapter and verse for something a veni cu dovezi/argumente n sprijinul unui lucru give somebody evidence of something a depune mrturie cuiva/ n faa cuiva despre ceva give somebody the benefit of the doubt a socoti pe cineva nevinovat

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give somebody the lie (direct) a dovedi contrariul (spuselor cuiva) give something a good/thorough going-over a examina/cerceta ceva cu mare atenie give teeth to something a da putere de aplicare unui lucru (o lege) give the lie (direct) to something a dezmini ceva go behind a decision a reveni asupra unei hotrri go beyond the law a nclca legea go by default (d. un proces) a se judeca n contumacie go in somebodys favour a da ctig de cauz cuiva go to bat against somebody a depune mrturie mpotriva cuiva, a nfunda pe cineva go to the bar a intra n barou, a deveni avocat go to the trial a fi judecat, a ajunge n instan go unpunished (d. o persoan) a rmne nepedepsit; (de o fapt) a scpa nepedepsit hand down heavy sentences a da condamnri grele hand somebody over to justice/police a da pe cineva pe mna justiiei/poliiei hang the jury a scinda voturile jurailor, a opri pe jurai s ajung la o hotrre unic, mpiedicnd astfel pronunarea sentinei have a good grouse a avea temei de plngere/reclamaii have not a leg to stand on a nu aduce nici o dovad concludent, a nu se sprijini pe realiti have nothing to say for oneself a nu avea ce spune n aprarea sa have plenty of brief a avea procese multe have the law on somebody a da pe cineva n judecat hold a brief for somebody (d. un avocat) a reprezenta pe cineva; fig. a se ridica n aprarea cuiva

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in abeyance (d. legi) neaplicat; n desuetudine in accordance with n conformitate cu in actual fact n realitate in bad faith cu rea-credin in character with n conformitate cu in compliance with: n conformitate/conform cu in the first instance n prima instan justify bail a-i declara sub jurmnt solvabilitatea (nainte de a depune cauiune) keep on the right/ windy side of the law a proceda n mod legal, a aciona pe ci legale, a nu intra n conflict cu legea lay a charge against somebody/(s door) a aduce o acuzaie cuiva, a nvinui pe cineva de ceva, a face o plngere mpotriva cuiva lay down the law a da verdicte lead a witness a pune ntrebri tendenioase unui martor let out on bail a pune n libertate pe cauiune make/put in a claim (for something) a face o petiie (pt. ceva), a-i revendica drepturile (asupra unui lucru) make a motion that a depune o moiune, a propune (ntr-un grup legislativ) s se ia o anumita msur, s se procedeze ntrun anumit fel make default a nu comprea n faa curii/ instanei make good a charge a dovedi o nvinuire make good an injustice a repara o nedreptate make (out) ones case a-i dovedi nevinovia mete out justice a face dreptate more by token ca prob/dovad; i dovada este c

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nail a lie ( to the counter) a dovedi falsitatea unei afirmaii not guilty nevinovat not to have a leg to stand on (for something): a nu aduce nici o dovad concludent, (d. ceva) a nu avea nici un fundament offend against the law a nclca legea, a comite un delict off the record (n mod) neoficial of no effect neavenit on equal terms pe picior de egalitate on ones own responsibility pe propria rspundere on parole: pus n libertate/eliberat pe cuvnt de onoare/condiionat on the jury printre jurati; din/ n juriu/ componena juriului on the legit cinstit, legitim, n cadru legal on the panel pe lista jurailor, n juriu out on bail eliberat pe cauiune own up a mistake/ fault a se declara vinovat, a face mea culpa pack the jury a-i asigura un juriu favorabil pass judgement/sentence upon somebody a judeca pe cineva, a da cuiva o sentin pass the seals a ratifica, a sanciona pitch somebody over the bar a respinge pledoaria/ argumentaia unui avocat plead guilty a se declara vinovat prompt a witness a influena depoziia unui martor, sugerndu-i anumite rspunsuri prove a will a omologa un testament, a certifica validitatea lui push ones claims a revendica (un drept); a urmri (prin justitie) satisfacerea unei revendicri put in a claim for a nainta o revendicare, a solicita un drept put in/into force a pune n vigoare (o lege) put out a court a exclude ca nentemeiat (un argument)

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put the law on somebody a intenta cuiva un proces put the execution a de cuiva pedeapsa capital raise a claim a revendica un drept, a ridica o pretenie rest the case a conchide, a pune concluzii la pledoarie return somebody guilty a declara/ gsi pe cineva vinovat send up for trial a trimite n judecat/naintea unui tribunal; a gsi pe cineva vinovat serve a notice on somebody a aduce cuiva la cunotin o hotrre judectoreasc/ oficial serve notice a da/trimite o ntiinare oficial set at large/liberty/free a pune n libertate, a elibera settle a law suit (amiably) a rezolva un litigiu printr-o tranzacie, a ajunge la un acord ntr-un proces; settle out of court a stinge aciunea prin mpcarea prilor, a se mpca nainte de a aduce cazul n faa instanei stake out a claim a nainta/exprima o cerere/revendicare stand mute of malice a refuza s vorbeasc n instan state a/onces case a supune un fapt/ faptele judecii tribunalului (de ctre un reclamant) stay judgement a ntrzia judecata/procedura strain the law a fora legea, a interpreta legea n mod prtinitor; a nclca legea surrender to ones bail a se prezenta n faa autoritilor (judectoreti) dup ce a fost eliberat pe cauiune sustain a claim/an objection a admite/soluiona favorabil o cerere/revendicare/obieciune swear a charge/an accusation against somebody a acuza pe cineva sub jurmnt swear an affidavitt a face o declaraie sub jurmnt swear a witness a lua jurmntul unui martor, a cere unui martor s jure

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take a brief for/on behalf of somebody (d. avocai) a se ocupa de procesul cuiva, a prelua un caz juridic, a se constitui apratorul cuiva take action against somebody a intenta un proces cuiva take bail a accepta/lua/primi o cauiune take legal advice a consulta un avocat/jurisconsult take the stand a se afla n boxa martorilor take to court a da n judecat, a chema n faa instanei tamper with a witness a influena depoziia unui martor, a mitui un martor tender n evidence a nainta/prezenta ca dovad/mrturie thrust somebody from his rights a scoate pe cineva din drepturile lui (legitime), a rpi cuiva un drept trench upon somebodys rights a ncalca/ uzurpa/ atinge/ legea, drepturile cuiva trip up a witness a prinde un martor cu declaraii false trump up a charge against somebody, to: a depune acuzaie fals mpotriva cuiva try somebody for/ on a charge of, to: a judeca pe cineva acuzat de under ban prohibit interzis under duress constrns, forat under pain of death sub pedeapsa capital vest somebody with power, to: a mputernici pe cineva vow and declare a declara sub jurmnt wear the ermine/the gown a fi magistrat within the law n cadrul legii, legal

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Tehnoredactare computerizat : Anghelu Bziac

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