UNIT 1

MAGISTRATES IN THE UNITED KINGDOM

In England and Wales there are two types of magistrates: lay magistrates¹ known as lay justices, who have the title of “justice of the peace”, and stipendiary magistrates². The former is a body of men and women which has been in existence since the fourteenth century and is called on to pass judgement on their fellow citizens, without any real legal training. The latter is a body of lawyers, called upon³ to do substantially the same job, which dates from the eighteenth century. They both exercise their powers in a less formal court than the other courts, known as Magistrates’ Courts, and deal with more cases than any other English court of law.

The main job of the magistrates is to deal with⁴ civil and criminal cases which are too trivial to be tried by the Crown and County Courts. The courts consist of two to seven unpaid lay magistrates, but in some cities professional magistrates may sit alone. The Magistrates’ Courts of civil jurisdiction have limited civil jurisdiction, mainly related to domestic proceedings⁵.

In terms of their criminal jurisdiction the Magistrates’Courts deal with something over 95% of all cases. The English legal system divides criminal offences into three categories:

- “summary offences”⁶ is the category of minor crimes such as minor assaults, begging, parking offences and less minor crimes such as drinking and driving which are tried without a jury;

- “indictable offences”⁷ are more serious offences for which the police are given a power of arrest and which will be tried by jury; murder, manslaughter⁸ and serious fraud – all come within this category;

- a number of offences called “either way” offences which may or may not be tried by a jury at the request of the defendant. The best example is theft⁹ which may involve either very small or very large amounts of money.

The magistrate’s criminal jurisdiction is mainly limited to summary and either way offences (where the defendant may elect not to have a jury trial). Anyway, magistrates have an important role to play in serious criminal proceedings. When a person is charged with are indictable offence, magistrates sit as examining justices to decide whether the prosecution’s case is strong enough to warrant¹⁰ committing the accused for trial in the Crown Court. The procedure is known as “committal proceedings”. They also issue arrest and search warrants to the police.

The civil jurisdiction of the magistrate is limited to minor matters including matrimonial and family matters and the granting of licenses.

Justices of the peace are chosen by the Lord Chancellor on the advice of Advisory Boards, that are concerned with recruiting magistrates from amongst the “worthy” members. Many justices of the peace are chosen on the recommendation of an existing magistrate. It seems that others are chosen for their background in voluntary work such as in churches or youth organisations. They are not paid a salary but receive expenses incurred¹¹ in the performance of their judicial duties. They are assisted by “clerks to the justices”, solicitors or barristers of at least seven years’standing, who perform the administrative work of the court.

Stipendiary magistrates are to be found in most of the large towns and cities of England and Wales. They are full-time members of the Court chosen by the Queen on the advice of the Lord Chancellor. They receive wages or a “stipend”¹² and unlike lay magistrates they may sit alone.

1) lay magistrate = magistrat nesalariat

2) stipendiary magistrate = magistrat salariat

3) to call upon = a chema, a mobiliza

4) to deal with = a se ocupa de, a trata despre

5) domestic proceedings = procedura legata de juris-dictia interna

6) summary offence = infractiune judecata in fata Curtii Magistratilor

7) indictable offence = infractiune grava judecata la “Crown Court” cu juratii

8) manslaughter = omucidere involuntara

9) theft = furt

10) to warrant = a autoriza, a mandata

11) to incur = a suporta, a asuma

I.  Answer the following questions:

a) How many types of magistrates are there in England and Wales?

b) What do you mean by “lay magistrates”? What about “stipendiary”?

c) Which is the main job of the magistrates?

d) What sort of offences do they deal with?

e) What does the magistrate’s criminal jurisdiction consist in?

f) What is the civil jurisdiction of the magistrate limited to?

g) Who are the “justices of the peace”?

h) Do magistrates play any role in indictable offences?

II. Give the Romanian equivalents of the following English terms for different types of crimes

III. Match each of the terms on the left with the correct explanation on the right:

IV. Fill in the blanks with the missing words:

A _______ magistrate, otherwise known as a _______ of the _______ deals with _______ and criminal cases that are not serious enough to go as far as the Crown or County Courts. Unlike ______ magistrates, who receive a _______ and are allowed to sit ______, they can claim only _______ that arise in the course of their _______ duties. Magistrates handle all ______ offences as well as some “_______” offences, where the defendant prefers a ______ without ______ . They also decide which cases should be referred to the higher _____, during what is termed _________ proceedings.

V. Translate into Romanian:

The law of criminal procedure regulates the modes of apprehending, charging and trying suspected offenders; the imposition of penalties on convicted offenders; and the methods of challenging the legality of conviction after judgment is entered. Litigation in this area frequently deals with conflicts of fundamental importance for the allocation of power between the state and its citizens

When a criminal offence has been reported, the competent authority commences the criminal process by investigating the circumstances. In this phase, relevant evidence is collected and preserved for a possible trial. The suspect also has the right to collect evidence in this favour.

VI. Translate into English:

Nu exista nici o diferenta de domeniu, natura si scop intre regula morala si cea juridica. Regula morala patrunde in drept prin intermediul conceptiilor etice ale legiuitorului sau judecatorului sau, in cel mai bun caz, rataceste la frontierele dreptului pentru a patrunde atunci cand se iveste prilejul.

Obligatiile morale legiferate sunt: responsabilitatea civila, interzicerea imbogatirii fara justa cauza, executarea contractelor, exercitarea neabuziva a drepturilor conferite de lege. Cand legea nu mai e conforma cu principiile morale va cadea in desuetudine.

VII. Discussion

What are the major differences between this system and that of your country with regard, for example, to the handling of criminal cases at first instance?

SEQUENCE OF TENSES

• In English, the tense of the verb in the subordinate clause is determined by the tense of the verb in the main clause;
• The dependent verb shows time in relation to the main verb. This phenomenon is known as SEQUENCE OF TENSES

I. Change the main verb in each sentence to the SIMPLE PAST. Then change the verb in the subordinate clause according to its time relation to the main verb.

a) Mr. Barton claims that he has spoken to those people.

b) We know they are tired.

c) Bill thinks his brother needs your help.

d) I suppose Michael will finish the work next week.

e) Edward thinks he won the first prize in the competition.

f) We assume the meeting will be over around six o’clock.

g) I remember that the the wind blew very hard the week before last.

h) She hears that Professor Johnson is writing another book.

i) We guess our friends haven’t heard the good news yet.

j) The message indicates Dr. Evans will be back from Bucharest next Saturday.

II. Use past forms for these auxiliaries after a main verb in the past:

For CAN, use COULD

For MAY, use MIGHT

For MUST, use MUST OR HAD TO

For SHALL, WILL, use WOULD

1. Richard regretted that he ________ (not) go with us.

2. We are sure that Tom _______ help us with the homework.

3. I regret that we ________ leave now.

4. Kate thought she __________ find someone to explain everything to us.

5. They didn’t know that we ________ leave at once.

6. Our friend had to promise Mike that we ________ help him.

7. We regret that we ________ stay only fifteen minutes longer.

8. Daniel said he ________ send the parcel the next day.

III. Put the verbs in brackets into the right tense:

1) Yesterday grandpa ………… (take) a nap from 2.00 to 3.00. I ……….. (get) home at 2.30. When I ……….. (come) in, grandpa …………. (sleep).

2) Tom: I ……. (be) in your native town last month. It ……… (look) like a nice town. I ………… (never, be) there before.

Ann: What ……….. (you, do) in that part of the country?

Tom: My sister and I ……….. (drive) to Brasov to see our grandparents

3) Laura ……….. (start) to read a novel by Mihail Sadoveanu. She ……… (not, finish) reading it yet. She ……… (read) it because her Romanian teacher …………. (ask) her to.

4) The weather ……….. (be) terrible lately. It ……….. (rain) off and on for two days and the temperature ……….. (drop) at least twenty degrees. Just three days ago the sun …………. (shine) and the weather ………….. (be) pleasant. The weather certainly ………….. (change) quickly here. When I ………….. (wake) up tomorrow morning, maybe it ………… (snow).

5) Last night I ………….. (go) to a party. When I …… (get) there, the room ………. (be) full of people. Some of them ………. (dance) and other …………. (talk). One young woman ……… (stand) by herself. I ……….. (never, meet) her, so I ………….. (introduce) myself to her.

IV. Translate into English

a) Zburam de treizeci de minute cand mi-am dat seama ca am plecat de acasa fara sa inchid ferestrele.

b) Toti s-au dus sa vada filmul de indata ce profesorul le-a povestit romanul.

c) N-am putut face excursia deoarece ploua de trei de zile.

d) Cand am ajuns la cinema, filmul incepuse de mult.

e) Vanzatorul plecase deja acasa cand am ajuns noi la magazin.

f) Ne plimbam de o jumatate de ora cand ne-am intalnit cu Frank.

g) Ma dusesem deja la culcare cand mi-am adus aminte ca nu am incuiat usa.

h) Te vom astepta in fata teatrului cand se va termina piesa.

i) Cand Mary va absolvi facultatea, va fi studiat aici patru ani.

j) Sandra spera ca se va putea duce la plimbare cu Michael daca isi va termina lucrarea.

k) Ce-ai mai facut de cand nu ne-am mai vazut

l) Nici nu terminase de gatit ca a si sosit sotul ei.

m) Se gandea ca daca pleaca imediat o sa ajunga acasa inainte de miezul noptii.

n) Soarele a rasarit, dar bate un vant rece.

UNIT 2

POLICE POWERS

Over the past few years, the powers the police have to stop, question, arrest, search and detain¹ have undergone major changes in the United Kingdom. The two key pieces of legislation in this field are the “Police and Criminal Evidence Act”, sometimes referred to as PACE, and the “Public Order Act”.

Arrest means the loss of liberty, being subject to restraint² as to one’s movements. An arrest by the police will only be lawful if the arrested person is informed that he or she is under arrest and told the grounds³ for the arrest.

The police have the power to arrest a person without a warrant in four different sets of circumstances:

- If they suspect that an arrestable offence has been committed is being committed, or is about to be committed.

- If they have a statutory⁴ power of arrest (most statutory powers of arrest without warrant were repealed⁵ by the Act).

- If one of the general arrest conditions is satisfied.

- If they wish to fingerprint a convicted person.

An arrestable offence is one which carries a sentence of at least five years imprisonment. This includes murder, burglary, theft, criminal damage, rape, and unlawful possession of drugs. The Act also extends arrestable offences to include, for example, taking a motor vehicle, going equipped for theft, indecent assault on a female, corruption and smuggling⁶.

Specific serious arrestable offences are treason, murder, manslaughter, rape, kidnapping, incest with a girl under the age buggery⁷ with a boy under the age of 16, and indecent assault which constitutes gross indecency.

In the case of serious arrestable offences the police have the power to: set up road blocks; search for evidence; detain a suspect for more than 24 hours and up to a maximum of 96 hours without charge; hold a suspect incommunicado⁸ and deny access to a solicitor for 36 hours (a juvenile is still entitled⁹ to have an appropriate adult informed of the detention); take non-intimate samples without the suspect’s consent (eg. hair).

The statutory powers of arrest for certain offences include:

- offences under the Public Order Act 1986;

- some offences under the Prevention of Terrorism Act;

- trespass¹⁰ under the Criminal Law Act 1977;

- offences under the Immigration Act 1971.

The general arrest conditions give the police the power to arrest for offences which are not automatically arrestable. If there are reasonable grounds for suspecting a person, the police may arrest him or her if any one of the following conditions applies:

- the suspect’s name is not known and can not be found out;

- the given name is believed to be false;

- the suspect has failed to supply an address or has not supplied an address which is satisfactory for serving a summons¹¹.

- it is believed that arrest is necessary to prevent the person causing injury to self or others, suffering injury, causing loss or damage to property, committing an offence against public decency, unlawful obstruction of the highway, or to protect a child or other vulnerable person from the suspect.

A person can be arrested for fingerprinting if the following conditions apply:

the person has been convicted of a recordable offence, that is, one defined in regulations;

the person was never in police detention for the offence and fingerprints were not taken;

within one month of conviction the person was asked to go to a police station to be fingerprinted and had not done so within seven days.

The police in all investigations should maintain a schedule¹² of all material, meaning not only documents, but also articles and information, including material held on computer. A list of items which are expected to be included in the schedule should consist in:

interview notes and audio-visual tape recordings;

draft¹³ witness statements;

statements taken from potential witnesses;

crime reports;

custody records and associated documents;

other documents or other material containing a description of the suspect;

any other material of information which the police officer considers to be relevant and helpful.

1) to detain = a retine (in arest)

2) restraint restrictie, limitare, constrangere

3) ground temei, motiv

4) statutory = statutar, reglementar stabilit prin lege, legal

5) to repeal = a revoca, a abroga, a anula

6) smuggling = activitate de contrabanda

7) buggery = sodomie

8) incommunicado = privat de posibilitatea de comunicare cu semenii

9) to entitle = a da dreptul la, a indritui

10) trespass = incalcare, violare braconaj

11) summons = citatie pentru a comparea in tribunal mandat de aducere

12) schedule = program; inventar; anexa la un regulament

13) draft = plan; proiect; schita

I. Answer the following questions:

a) When can an arrest be considered lawful?

b) What do you mean by ”an arrestable offence”?

c) What can the police do in the case of serious arrestable offences?

d) Is there any difference between murder and manslaughter?

e) Can you explain what powers do the police have with regard to the detention of a person suspected of having committed a serious arrestable offence?

f) What is the difference between burglary and theft?

g) When can a person be arrested for fingerprinting?

h) What is the difference between being charged and being convicted?

II. Give the Romanian equivalents of the following English terms for different types of punishments:

III. Choose the best word to complete the following sentences, making any necessary changes:

1) If the words of a contract are not clear and precise, there is a danger of __________ by one or both of the parties.

2) The offeree was pleased to accept the excelent offer ______________

3) The hearing was declared a ___________ because the court didn’t have jurisdiction over the offence.

4) Ms. Grant’s application for shares was not accepted on the grounds that she didn’t fulfil the _________ of residence in the U. K.

5) The 12 _________ were not able to reach a unanimous decision.

6) The defendant said that he would give the car to his cousin for nothing. In consideration his cousin, the _________, was responsible for the transport of the car.

7) A child is considered legally _________ of committing a crime.

IV. Look at the list of legal terms (1-8) and their definitions (A-H). Match each term with its definition.

V. Translate into Romanian:

A trial is conducted most frequently in the following manner. The attorneys for plaintiff and the defendant make opening statements to the jury, outlining what each conceives to be the nature of the case and what each hopes to prove as the trial proceeds. Next, the attorney for the plaintiff presents his case by calling witnesses, questioning them, and permitting them to be cross-examined by the attorney for the defence; when the former has concluded his presentation, the latter frequently will ask for a dismissal of the suit for failure of plaintiff to establish a prima facie case (that is, a case sufficient until contradicted by evidence); if this is unsuccessful, he will call and examine witnesses in order to establish his defences, and these witnesses are subject to cross-examination by the plaintiff’s attorney. The attorneys for each side then make a closing argument to the jury, putting the evidence presented in a light most favourable to their respective clients.

VI. Translate the following sentences into English:

1) El este banuit de politie ca face trafic cu droguri.

2) Puterile politiei fac in momentul de fata obiectul a nenumarate schimbari.

3) Incendierea in scopuri criminale este considerata o infractiune la fel de grava ca si furtul.

4) Textele privitoare la arestarile fara mandat urmeaza a fi modificate.

5) Politia il va interoga pe suspect maine dimineata.

6) De fiecare data cand i se pune o intrebare, se face ca n-a auzit si n-a vazut nimic.

7) Acest inspector este vesnic pe cale sa ceara perchezitiile la domiciliu chiar si cand nu este necesar.

8) In Anglia, amprentele digitale se iau la comisariat.

9) Violul este delict care atrage o pedeapsa de cel putin cinci ani.

10) Cifra in crestere a delictelor penale in Romania incepe sa ingrijoreze autoritatile.

VII. Discussion/Essay:

How do police powers of arrest without warrant as presented in the text compare with those available to police in Romania?

MODAL VERBS

“can” expresses something possible:

Our factory can produce 800 cars a month.

Visas can be difficult to obtain sometimes

“could” expresses possibility (ability) in the past:

We could understand most of what he said.

I could speak French quite well when I was at school.

“can not” or “could not” express something impossible:

You can’t get to London on time, there is a strike.

You couldn’t go on trips abroad ten years ago.

“could” + “have” + “past participle” expresses unfilled opportunity:

I could have booked an earlier flight, but it left at 7 a. m.

“couldn’t” + “have” + “past participle” expresses a past impossibility:

He couldn’t have had any engine trouble.

II. Fill in the blanks with can, could or be able to. Sometimes you have more than one possibility:

a) Whenever Susan learns the lesson, she ________ give very good answers.

b) He ___________ be at home now.

c) They took his passport so that he _________ leave the country.

d) We have been looking for John for two hours, but we __________ not find him.

e) _________ you tell me the entire Commercial Code? I ________ when I was at school but I _________ not now.

f) _________ I speak to Mr. Perkins, please?

g) He was very strong; he ___________ work all day and study all night.

h) Your brother _________ play the piano well.

i) The police were suspicious at first but I _________ convince them that they were innocent.

II. Fill in the banks with CAN(’T)/COULD(N’T) + the right infinitive form of the verb:

1) I’m afraid I ……………. (help) you at the moment.

2) The negotiations broke down because we ……….. (agree) on the price.

3) Mother, you ……………… (cook) a better meal, everything is delicious.

4) Don’t light a match in this chemical factory. It ……………… (cause) an explosion.

5) He ……………… (hear) the news on the radio because be was sleeping then.

6) No one ………………… (do) without water.

7) He ……………… (solve) the first problem, but the second one was quite a puzzle to him.

8) I’m sorry I ……………… (come) to your talk yesterday. I had to sort out a problem.

9) He ……………… (ski) really well when be was in his twenties, but now be is out of practice.

10) What ……………… (you, do) with the money if you hadn’t bought yourself a new watch?

III. Rewrite the following sentences using “could” or “could not”:

1) Ten years ago it wasn’t possible to have hard currency on you.

2) She drove a car with the brakes out of order. An accident was possible.

3) It was very difficult to buy a suitable office at a reasonable price, that is why we preferred to rent one.

4) She was able to speak Spanish after only three months on the training course.

5) From our hotel room, it was possible to see Mont Blanc.

6) Although we tried hard, it was impossible for our company to get that contract signed.

7) He didn’t manage to understand what she meant.

8) It wasn’t possible for us to lock the door yesterday morning; we had lost our keys.

IV. Translate into English:

1) Nu se poate ca el sa fi acceptat sa vanda casa.

2) John avea 12 ani cand a izbucbit razboiul. El nu ar fi putut sa fie in armata.

3) Mi-a spus ca s-ar putea sa intarzie.

4) Peter nu a putut sa scrie eseul singur, asa ca a rugat-o pe sora lui sa-l ajute.

5) Nu te duce acum la ei, s-ar putea sa fie la masa.

6) Am vazut-o pe Sarah aseara la concert, dar nu m-a recunoscut. Nu se poate sa fi fost Sarah, pentru ca este in spital de doua saptamani.

7) Presupun ca as putea sa fac munca asta daca ar fi necesar.

8) Trebuie sa pleci Nu mai poti sa stai putin

9) Din fericire, am putut sa-mi fac multi prieteni de cand am venit in acest oras.

10) E posibil sa refuze sa te ajute in astfel de imprejurari

11) Am putut iesi in gradina dupa ce a stat ploaia.

12) Sandra a spus ca o sa-si poata gasi o casa daca noi o s-o ajutam.

UNIT 3

TRIBUNALS

In the English judicial system two different types of institutions have been set up¹ to resolve legal problems: courts and tribunals. The distinction between the two is difficult to make because there is no precise definition of these terms. The word “tribunal” meaning any judicial assembly² is widely used. This use of the word would include the courts.

There is a narrower use of the word, however, which is of greater interest to the law students. These institutions fall into two, large categories:

“Domestic tribunals” – are non – state organizations set up as part of the disciplinary procedures of professional or sporting organizations;

“Administrative tribunals” – are bodies set up by the state in order to perform judicial functions as part of the administration of some government scheme.

A Council on Tribunals was initiated as a consultative and advisory body. Its main task is to advise government departments in setting up administrative tribunals and to review the construction and working of these institutions. The Council has at present almost fifty tribunals under its jurisdiction:

the Rent³ Tribunals which settle disputes between landlords and tenants;

the Education Appeals Committees which hear appeals against the allocation of school places by local education authorities;

the Industrial Tribunals which settle the problems which may arise between employer and employee, such as redundancy payment disputes, questions of unfair dismissal and the problem of equal pay.

The thorny question is whether these tribunals have only an administrative role or if they also have an adjudicative⁵ role. However government departments have a general influence over decision making, so administrative tribunals may not be regarded as pure court substitutes. Another question is whether the tribunals should make law. The answer is no, only the decisions of the courts of law may be regarded as binding law. In practice, tribunals have a strong tendency to follow their previous decisions and these decisions are regularly reported.

Essentially, the tribunals have been set up to relieve⁶ the over-burdened court system of work which may be dealt with in a less formal way by experts in the particular field. Solicitors and barristers are being appointed as chairmen of the tribunals and their work is growing as the public becomes more aware of them. It this way tribunals provide a speedier and more expert alternative to the court system.

1) to set up = a infiinta

2) assembly = adunare

3) rent = chirie, inchiriere; renta

4) tenant = arendas; chirias, locatar

5) adjudicative = de adjudecare

6) to relieve = a usura, a elibera

I. Answer the following questions:

1) What do you mean by a ”tribunal”

2) What kind of organizations are the “domestic tribunals”?

3) What are the functions of the “administrative tribunals”?

4) Which is the main task of the Council on Tribunals?

5) How many kinds of tribunals are there under the Council’s jurisdiction? Speak about them.

6) Why have the tribunals been set up?

7) Who are appointed as chairmen of the tribunals?

II. Give the meaning of the following words. Write a sentence with each of them:

III. Match each term on the left with the correct explanation on the right:

IV. Fill in with a preposition from the list below:

a) The drunken driver was put ________ arrest.

b) Offences _________ the person include murder and rape.

c) The criminal is to tried ________ manslaughter.

d) The suspect was held ________ custody before being relased _________ bail.

e) The Court of King’s Bench had first instance jurisdiction _______ all wrongs.

f) A good lawyer must know which rules apply both _________ common law and _________ equity.

g) When a barrister is admitted to the profession, we say that be is called _________ the bar.

h) _________ common law a mistake only prevents the formation of a contract if it is a fundamental mistake of fact.

i) _________ the winding up of a firm a liquidator is appointed.

j) The judges used to sit __________ the Assizes.

V. Translate into English:

1) In ultimii cinsprezece ani s-au efectuat multe reforme juridice.

2) In iunie 1998 guvernul a supus la vot 12 proiecte de lege cu privire la educatie.

3) In anii 60 comisia parlamentara a intocmit un raport asupra sistemului tribunalelor.

4) Avocatii joaca un rol important in societatea actuala.

5) In 1875 – sistemul juridic englez s-a schimbat si au fost abolite “common injunctions”.

6) Trebuie totusi sa remarcam ca numai o parte a unei judecati este luata in considerare.

7) Nu exista decat trei circumstante in care se poate face abatere de la judecatile precedente.

8) Pe parcursul acestui text: s-au ridicat multe probleme juridice.

9) Intr-adevar, legea engleza se bazeaza pe principiul de stare decisis (ceea ce a fost decis inainte trebuie respectat).

10) Judecatorul a fost constrans sa-si pronunte verdictul dupa modelul unui caz care fusese deja judecat.

VI. Fill in the table below, using a dictionary if necessary:

VII. Translate into Romanian:

Most Bills (Acts of Parliament) are measures relating to public policy. The great majority of these are government measures introduced by a Minister, but certain days are set aside for debating Private Members Bills (public Bills introduced by members of the House not holding office in the Government). In addition, some private Bills relating solely to matters of individual corporate or local interest are promoted in each session by persons or bodies outside Parliament.

Bills may be introduced by either House unless they deal with finance or representation (when they are introduced in the Commons). Those that pass through all the necessary stages in both Houses receive Royal Assent and become law as Acts of Parliament. The House of Lords may not alter a financial measure, nor may it delay for longer than one year any Bill passed by the Commons in two successive sessions.

VIII. Comment on the following proverbs:

“A good judge conceives quickly, judges slowly”.

“A fault confessed is half redressed”.

PASSIVE VOICE

To make the passive we have to use a form of the verb to be and a past participle.

Sometimes, the doer of the action is not mentioned. It might be: unimportant, clear from the situation or unknown. Instead, the important information is either the actions or the things affected by the action:

A very large proportion of world oil is generated in the Middle East.

These incentives will be offered to retail investors in EU countries who make an early subscription.

When a professional person, a technician or an accountant, does some work for us, we can use have/get something done:

We had our offices redecorated last year.

You must have your computers checked for viruses.

We got the contract checked by our lawyers.

I. Put the following sentences into the Passive:

1) They have chosen the new design.

2) We cannot ship your order until we receive payment.

3) They will not finish the project by the end of the month.

4) We are spending more than a million dollars on advertising this year.

5) Somebody damaged the goods in transit.

6) They have closed fifty retail outlets over the last year.

7) The Accounts Department may not authorise this payment.

8) One of our best young designers created this line.

9) Our department has discovered a promising new drug.

10) He was asking me some difficult questions.

II. Offer explanations or reasons for the following. Use the passive voice:

eg: Mother looks happy.

She has (just) been offered flowers.

1) I can’t drive my car today.

2) There was a long queue in front of the box-office yesterday.

3) When Mr. Johnson returns to his native town next year, be will not recognize it.

4) Alice has got a perfect score on her test.

5) Jane likes going to parties.

6) When the seven dwarfs returned home they were very surprised.

7) The letters were very urgent but nobody posted them yesterday.

8) Jenny is feeling better today.

III. Change into the Active Voice:

a) A course in Civil Law is delivered once a week.

b) The thief was arrested yesterday.

c) The burglar will be convicted.

d) Courts of Quarter Session are presided over by a bench of justices.

e) Cases had been heard by a judge sitting with a jury.

f) Appeals may be heard in the High Court.

g) All trials at quarter sessions are held with a jury.

h) The ordinary civil actions will be heard by the County Court.

i) In England magistrates are appointed by the Lord Chancellor.

j) In Ireland the police have been controlled by an Inspector General.

IV. Translate into English using Passive constructions:

1) Astazi este 10 aprilie. Telefonul ar fi trebuit platit pana acum.

2) In multe din orasele tarii se construiesc biblioteci.

3) Ai parul prea lung. Ar trebui sa te tunzi.

4) Paul a fost externat din spital la doua zile dupa ce a fost internat.

5) S-au facut multe cercetari pentru a descoperi cauzele acestei boli molipsitoare.

6) As dori sa-mi fac o fotografie pentru pasaport.

7) Publicului nu i se spusese ce se intampla in spatele cortinei.

8) Domnul Brown dorea sa stie daca se serveste micul dejun la hotel.

9) Mi s-a spus ca esti bolnav.

10) Florile acestea ar creste mai bine daca ar fi udate mai des.

11) Telegrama va fi inmanata generalului cat mai repede posibil.

12) Ni se dau o multime de teme zilnic.

UNIT 4

COMMON LAW

Common law¹, also called Anglo-American law, is the body of customary law, based upon judicial decisions and embodied in reports of decided cases, which has been administered by the common-law courts of England since the Middle Ages. From this has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth of Nations. Common law stands in contrast to rules developed by the separate acts of equity², to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law now widespread³ in continental Europe and elsewhere.

The term of “common law” is used in a number of different ways each emphasizing various aspects of this complex idea. There are three basic uses of the term

As a description of the general system of law within a national jurisdiction;

As a specific description of a historical development in England and Wales;

As a description of a particular set of rules in contrast to the rules of equity and of statute law.

First, common law is used to distinguish one type of general legal system from other legal systems. It is most often used to distinguish ‘common law’ jurisdictions from ‘civil law’ jurisdictions. Those states whose laws are derived from the English system such as the U. S. A., Canada, Australia, Hong Kong, etc. are therefore known as ‘common law’ jurisdictions.

The second way in which the term is often used is to describe a historical situation in which the jurisdiction of the king’s courts of justice was extended throughout all the regions of England and Wales, creating systems of law common to all England in contradistinction to local law and custom which varied from area to area.

After the Norman conquest it was William’s successors who managed to diminish⁴ the opportunity for corruption among their officials by creating a more centralized and specialized form of government. This was achieved in part by the delegation of royal judicative power to itinerant ‘justices’, organized on ‘circuits’, who would travel round the country holding sittings⁵ (Assizes) to hear and settle⁶ cases waiting to be tried in the country towns and enforce⁷ the king’s rights.

At the same time as this development of the itinerant courts was taking place, the impetus⁸ for more efficient and effective government created three static, royal courts located at Westminster: the Court of Exchequer⁹, specialized in royal finance; the Court of Common Pleas, which had jurisdiction in ordinary litigation; and the Court of King’s Bench which had jurisdiction over all ’wrongs’ with the Court of Common Pleas and had an appellate¹⁰ and supervisory jurisdiction over all royal justice. The jurisdiction of these courts was extended until what had originally been an exceptional jurisdiction becoming common to the whole kingdom. The law created by this jurisdiction was therefore known as ’the common law’.

The third and most modern use of the term ’common law’ comes into opposition to the notions of ’equity’ and ‘statute law’. The common law means the rules, standards and principles created by the judges which are not equity. Lawyers must simply learn what the rules at common law are and what the rules in equity are. In many situations the rules overlap¹¹ and although the rules in equity will prevail¹², it is of great importance that the lawyer be aware of what the positions is both at common law and in equity.

1) common law = drept comun, drept cutumier

2) equity = drept natural; lege nescrisa

3) widespread = raspandit intins

4) to diminish = a diminua; a micsora, a slabi

5) sitting = sedinta, adunare, intrunire

6) to settle a case = a solutiona, a rezolva un caz, o cauza

7) to enforce the rights = a valorifica drepturi

8) impetus = imbold, impuls

9)Court of Exchequer = Curtea Ministerului de Finante

(in Anglia)

10) appellate (jurisdiction) = jurisdictie de apel

11) to overlap = a suprapune; a coincide in a intretaia

12) to prevail = a predomina; a triumfa

I. Answer the following questions:

a) Describe with your own words what ”common law” means. Write a short composition about it.

b) What are the basic uses of the term “common law”?

c) What does the first use consist in?

d) What are the ‘itinerant courts’? Did they contribute to the development of the judicial system?

e) What were the Royal Courts that were located at Westminster?

f) What does the third use of the term ‘common law’ come into opposition to?

g) What happens if the rules at common law and those in equity should overlap?

II. Fill in the blanks with the suitable prepositions:

1. Magistrates are appointed __________ behalf of the Crown, _________ the lord Chancellor.

2. There is substantial identity ____________ many points ___________ the Scottish system and those of the rest ________ Britain.

3. The sources _________ law also include a large amount ___________ unwritten or common law gathered _________ numerous decisions _________ the courts.

4. Central responsibility ____________ the administration to _________ the judicial system lies partly ________ the Home Secretary.

5. The police system is organized __________ a number ____________ separate forces linked _________ local Government and subject _________ the influence and control ___________ the Home Secretary.

III. Give the Romanian equivalents of the following words; Try to write a sentence with each of them:

IV. Try to match the legal terms (1-8) with the proper definitions (A-H):

V. Translate into English:

1) Tribunalul poate impune o sentinta care sa priveze pe acuzat de libertate.

2) Se iau toate masurile pentru a respinge orice avantaj al acuzarii asupra apararii.

3) Dupa ce o persoana a fost arestata, el/ea este acuzat(a) si adus(a) in fata instantei.

4) Intervievarea martorilor acuzarii este foarte importanta intr-un proces penal.

5) In general, infractiunile care sunt judecate pe baza unei proceduri sumare sunt pedepsite cu o amenda.

6) Nu trebuie subestimata depozitia vreunui martor in anchetarea cazului.

7) La intrarea in Marea Britanie, ofiterul de la imigrari recomanda ca sa nu se depaseasca perioada permisa de sedere in tara.

8) Desi parlamentul voteaza legile, judecatorii sunt cei care le aplica, tinand cont si de specificul cazurilor.

9) Daca el ar fi marturisit totul de la inceput, vina lui ar fi fost mai mica.

10) In caz ca este arestat, suspectul are dreptul sa consulte un avocat.

VI. Ask questions to the following statements

1) Most legislation applies to Great Britain or the United Kingdom as a whole.

2) The great majority of Bills are government measures introduced by a Minister.

3) The main opportunities offered in the House of Commons for detailed examination of government policy are provided through parliamentary questions and answers.

4) Some private Bills relating to matters of individual or corporate interest are promoted in each session.

5) On some matters, separate Acts are passed for England and Wales and for Scotland.

6) Bills may be introduced by either House, unless they deal with finance or representation.

VII. Translate into Romanian:

The sovereignity has the duty of prosecuting those who commit crimes; its attorney for the purpose is the prosecutor. The prosecutor, who performs the function of trial lawyer for sovereignity, has extensive resources at his disposal for investigation and preparation purposes. He is not at liberty to distort or misuse this information. He must disclose information tending to relieve the accused of guilt. Any conduct of a prosecutor or judge that hinders the fairness of a trial to the extent that the outcome is adversely affected is in violation of the defendant’s right of due process. The efforts of the prosecutor and the court should be directed toward fairness and justice.

VIII. Write a short composition in which to show the phases of a trial in Romania. You can as well discuss a case that you studied about.

MODAL VERBS

“must” is used to express an obligation given by the speaker:

You really must come and visit our shop next week.

“must” also expresses a necessity or a deduction:

They must go to work every day.

That must be Jane, she always comes late..

“mustn’t” expresses an interdiction:

Pedestrians mustn’t cross the road when the light is red.

“have to” expresses an obligation given by some external authority:

You have to wear this badge, that’s our regulation

“don’t have to” and “needn’t” express the absence of obligation:

You don’t have to speak so loudly, I can hear you.

“should” expresses moral obligation or advice, suggestion:

She should pay more attention to her spelling.

I. Patrick and Susan are colleagues attending a conference. Complete the dialogue. Use “must”, “mustn’t” or “have to”:

II. Fill in the blanks with “must” or the present, future, or past form of “have to”:

1. Little Simon got lost and …………… ask a policeman the way.

2. If you buy a radio set you ………buy a licence for it.

3. Passengers ………… be in possession of a travel ticket.

4. I never remember his telephone number; I always …………… look it up.

5. Children ……… take an important exam at sixteen.

6. Mr. Brown was in a hurry, so he ……… take a taxi.

7. My grandpa is hard of hearing; he ………… wear a hearing aid all the time.

8. Mr. Barton …………. cook his own meals next week because his wife will be away.

9. You ………… see this film. It’s really very good.

III. After reading the following sentences, express an impression or an opinion about the ideas they contain, using modal verbs followed by a perfect infinitive:

eg, I didn’t see Harry at the conference (might)

He might have been absent.

a) Jenny’s pronunciation has improved considerably (must).

b) Mary didn’t get on with her examination as well as she was expected to (could).

c) The doctor didn’t return yesterday as he had promised his patients (should).

d) They were very tired when they came home (must).

e) He seemed terribly excited when I saw him (might).

f) Well, I suppose be has failed (should).

g) They had an appointment in his office yesterday, but Mr. Roberts didn’t come (might).

h) His journey didn’t last more than an hour (could).

i) They looked for the child everywhere except in the sick man’s room (might).

IV. Translate into English:

1) Trebuie sa fie destul de tarziu, fiindca strazile sunt pustii.

2) N-am inteles lectia, asa ca Dan a trebuit sa mi-o explice din nou.

3) Va trebui sa stai aici pana se intoarce secretara. Cineva trebuie sa raspunda la telefon.

4) Ieri dimineata a trebuit sa ma duc dupa cumparaturi pentru ca aveam musafiri la cina.

5) Nu crezi c-ar trebui sa te duci la doctor daca nu te simti bine?

6) De ce ai cumparat fructe Am luat trei kilograme de mere, nu mai trebuia sa cumperi si tu.

7) E nevoie sa arat legitimatia de serviciu ori de cate ori vin in aceasta institutie?

8) Mike nu raspunde la telefon. Probabil ca a plecat foarte devreme de acasa.

9) Trebuie sa predau proiectul de diploma inainte de sfarsitul saptamanii.

10) N-a fost nevoie sa-i traduc articolul fiindca stie bine englezeste.

UNIT 5

EQUITY

In Anglo-American law, the custom of courts outside the common law is called equity. In origin equity provided remedies in situations in which precedent or statutory law might not apply or be equitable. By the end of the 13^th century the English king’s common-law courts had largely limited the relief available in civil cases to the payment of damages and to the recovery of the possession of property.

The disappointed litigants¹ petitioned the king, who was the ‘fountain of justice’. The king, through his Chancellor, eventually set up a special court to deal with these petitions. The rules applied by the Court of Chancery hardened² into law and became a regular part of the law of the land. The most important branch³ of equity is the law of trusts⁴, but equitable remedies such as specific performance and injunction⁵ are also much used. In case of ‘conflict or variance’ between the rules of common law and equity, equity come to prevail.

Equity thus worked ‘behind the scenes’ of the common law action; the common law principles were left intact, but they were superseded⁶ by equitable rules in all cases.

This system went on until 1875 when the old courts of common law and the Court of Chancery were abolished, and in their place was established a single Supreme Court of Judicature, each branch of which had full power to administer both law and equity.

When one says that a particular rule of modern law is a rule of ‘equity’, one means that it has to be read in the light of a whole complex of rules developed by the Chancellors. One of them was (and is) to the effect that “he who comes to equity must come with clean hands”. This rule will apply whenever the plaintiff⁷ is relying upon an equitable right, but not necessarily when he is relying on a common law right. To say that a particular right is an equitable right means that all the subsidiary rules of equity apply to it. On the other hand, a particular right is to be interpreted in a common law atmosphere, leaving out of account such equitable rules as apply only to equitable rights.

Although the rule is that when law and equity conflict, equity prevails, there is always the possibility that a litigant who relies on an equitable rule may for some reason find himself outside the limits of that equitable rule and when this happens the contradictory common law rule, which may generally seem to be a dead letter, becomes very much alive.

Courts of equity also developed early in the United States, but in the late 19^th and early 20^th centuries most U. S. courts similarly abolished the distinctions between actions at law and suits in equity and fused⁸ their administration in one procedural system, with but one civil action, in the same court. Modern equity has been much assisted by legislation. The old notion that equity protects only property rights has been virtually abandoned. Now an employee⁹, for example, can be barred from competing¹⁰ with his employer after discharge or resignation. An injunction may now be had, where other factors of appropriateness permit, against threatened injury to interests of personality, such as civil liberties, privacy, reputation and domestic relations

1) litigant =.impricinat, parte litiganta, acuzator

2) to harden = a (se) consolida, a (se) intari

3) branch = ramura, domeniu; camp de activitate

4) trust = tutela, procura

5) injunction = ordonanta, hotarare judecatoreasca

6) to supersede = a inlocui; a (se) substitui

7) plaintiff = reclamant (intr-un proces civil; parte vatamata intr-un litigiu civil)

8) to fuse = a se contopi, a fuziona

9) employee = angajat, salariat

10) to compete with = a concura, a intra in competitie

I. Match each of the following words to the correct definition:

II. Give the Romanian equivalents of the following legal terms; Write a sentence with each of them:

III. Fill in the blanks, using the words in the table below:

1) Some offences are considered as _________ in which case the police have additional powers.

2) An __________ is one which carries a sentence of at least five years of _________

3) ___________ means the loss of liberty, being subject to _________ as one movements.

4) The _____________ arrest conditions give _______ the power to arrest for offences which are not automatically arrestable.

5) If the police have reasonable grounds for _________ a person for committing or _______ to commit any ________ they may arrest that person.

IV. Give the Romanian for the following branches of law:

• Try to explain which branch of our law is concerned with the respective field if there is no exact term

V. Translate the following sentences into English:

1) Acuzatul trebuie sa fie condamnat la inchisoare pe viata, intrucat a comis un omor.

2) Infractorii sub varsta de 21 de ani pot fi trimisi la institutii de reeducare.

3) S-ar putea ca el sa fie nevinovat.

4) Intrucat el doreste sa mai lase o parte din averea sa si unei alte persoane, el trebuie sa adauge o clauza in testament.

5) Inculpatul trebuie sa plateasca reclamantului o amenda mare intrucat i-a avariat grav masina.

6) S-a instituit procedura judiciara impotriva soferului vinovat.

7) Judecatorul i-a impus inculpatului sa plateasca amenda plus cheltuielile de judecata.

8) Ca urmare a atacului comis asupra unui om de catre cei doi tineri, s-a emis mandat de aducere in fata instantei a celor vinovati.

9) Dupa audierea tuturor martorilor, juriul a inceput deliberarile.

10) In Marea Britanie sindicatele protejaza interesele angajatilor prin negocierea salariilor cu organizatiile patronilor.

VI. Translate into Romanian

The legal systems rooted in the English common law have diverged from their parent system so greatly over time that in many areas the legal approaches of common-law countries differ as much along themselves as they do with the civil-law countries. Indeed, England and the United States have so many legal differences that they are sometimes described as “two countries separated by a common law”. The most striking differences are found in the area of public law: England has no written constitution and no judicial review, whereas every court in the United States possesses the power to pass judgment on the conformity of legislation and on other official actions to constitutional norms.

VII. Put the following statements concerning the service of a writ into chronological order.

1. The court officer stamps the writ and gives it a number.

2. The writ is issued.

3. The plaintiff indorses the nature of his claim against the defendant.

4. The defendant decides to contest the claim.

5. The writ is sent by first-class post to the defendant.

VIII. Comment on the following proverbs:

”The man who goes to law often loses an ox to win a cat.

No physician like a true friend.”

REPORTED SPEECH

When we report what someone else has said or thought we use “reported” (or “indirect”) speech:

Eg. He said that he couldn’t swim.

She insisted that she had to see us.

I. Rewrite the sentences in Reported Speech:

a) “I’ve read the report and I don’t understand section 4”, he said.

He said ……………………

b) “When I finish my presentation, I’m going to have a drink”, he said.

He said ……………………

c) “I like playing tennis, but I don’t do it very often”, she said.

She said ……………………

d) “I’m preparing the figures but I won’t be long”, she said

She said ……………………

e) “I’m going to visit our French subsidiary, but I’m not sure when”, she said.

She said ……………………

f) “We received your order last week”, they said.

They said ……………………

g) “I’m sorry about the delay, I’ll deal with this now”, he said.

He said ……………………

II. Turn the statements, questions and orders below into reported speech:

a) “These shoes are too small. I am returning them to the shop and I hope I will be refunded”, said my aunt.

b) “I have just opened a savings account. I want to go to Bahamas next summer”, my friend said.

c) “You must take out a mortgage. We can no longer share this tiny flat ”, their parents said.

d) “Can I buy oil and sugar on credit? My husband will only get the unemployment benefit next week” asked the house wife.

e) “I won’t pay the bill. It’s simply a rip-off”, said the customer.

f) “Why did they sell this wonderful painting at such a small price? ” asked Mrs. Smith.

III. Change the following sentences from indirect into direct speech:

1. Linda wanted to know whether George had really shot that bear.

2. Mother asked me whether I had finished my work.

3. Doris inquired whether he would bring his brother along.

4. Mike asked his girl-friend whether she liked her new job.

5. Mary wanted to know what she was supposed to do.

6. They asked whether Jack had been heard of lately.

7. I asked Peter whether be had ever eaten cooked bananas.

8. Jimmy asked me yesterday whether I had returned the book.

IV. Translate into English:

a) El spunea ca daca pleaca imediat o sa ajunga acasa inainte de miezul noptii.

b) Mi-a spus sa-l scuz daca va intarzia putin.

c) Ea spunea ca a trecut o saptamana si jumatate de cand a venit in orasul acesta.

d) Spera ca daca totul va merge bine va pleca in iunie.

e) Mi-a spus ieri ca astazi implineste 30 de ani.

f) Mi-a scris ca se afla la Cluj de doua saptamani.

g) Ea mi-a spus ca vor pleca la mare de indata ce discuta cu cumnatul lor.

h) L-am intalnit pe strada, dar n-am putut sta de vorba cu el fiindca mi-a spus ca e foarte grabit.

i) El ne-a intrebat de cate ori am fost in strainatate.

j) Mi-a spus ca daca va citi cartea pana luni mi-o va inapoia chiar in ziua aceea.

UNIT 6

THE SOURCES OF THE ENGLISH LAW

According to the solemnity of the form in which they are made, laws are traditionally divided into two main categories: written or unwritten. “Written” law signifies any law that is formally enacted¹, whether reduced to writing or not, while “unwritten” law signifies all “enacted” law.

On the Continent the volume of written law tends to preponderate over the volume of unwritten, but in England unwritten law is predominant, for more of their law derives from judicial precedents² than from legislative enactment. Two main and two subsidiary sources of law are to be mentioned. The principal sources are Legislation and Judicial Precedent; the subsidiary sources are Custom and Books of Authority.

The principle of justice is enforced in English law by the rule of stare decisis (referring to what has been decided previously) and this rule has a coercive³ or binding⁴ nature in the English system. The rules of common law have been evolved inductively from decision to decision involving similar facts, so that they are firmly grounded upon⁵ the activities of litigation and the reality of human conduct. New cases lead onwards⁶ to reach forward new rules. In contrast, the European civil law supposes the task of the courts to be deductive: to subsume the present case under a generalized and codified rule. So, a distinctive feature of the English system is that, because the English judge has – through precedent – power to make new law, his position in the legal system is central.

The judge may be obliged to consider the former decision as part of the material on which his present decision could be based, or he may be obliged to decide it in the same way as that in which the previous case was decided. In the latter case the precedent is said to be “binding”. A court which is inferior in authority to another court is obliged to follow a court of superior authority if called upon to decide upon facts similar to facts already tried by the superior court. On the criminal side of the Court of Appeal the Court could depart⁷ from its previous decisions “in the interest of justice”. On the civil side it may depart from its previous decisions in three situations: when there are two earlier conflicting decisions; when the Court’s earlier decisions cannot stand with a subsequent decision of The House of Lords; and when the Court’s earlier decision was given per incuriam⁸. These exceptions of the rule of stare decisis underline the fact that, although the rules of precedent are important in English law, they are not as important as the judge’s obligation. The judges have a field of choice in making their decisions, they rest their judgements upon the general principles exercised in case law as a whole.

Customs are social habits, patterns of behaviour, which all societies seem to evolve. Custom is not solely⁹ important as a source of law, for even today some customary rules are observed in their own right and they command almost as much obedience as rules of law in that their observance¹⁰ is not enforced by the organs of the State. In modern times most general customs have either fallen into desuetude or become absorbed in rules of law.

The European writings of legal authors form an important source of law. In England, in accordance with the tradition that the law is to be sought in judicial decisions, their writings have in the past been treated with comparatively little respect. They have been cited in court, rather by way of evidence of what the law is than as independent sources from which it may be derived.

1) to enact a law = a promulga o lege

2) precedent = precedent, decizie judecatoreasca ce face jurisprudenta

3) coercitive = de constrangere, coercitiv

4) binding = obligatoriu

5) to ground upon = a (se) baza pe, a (se) intemeia pe, a (se) sprijini pe (fig.)

6) onwards = inainte mai departe

7) to depart = a se abate

8) per incuriam (lat) = prin neglijenta sau omisiune

9) solely = numai

10) observance = respectare; observanta; regula

I. Answer the following questions:

a) How many categories of law do you know?

b) What are the main sources of law?

c) What are the subsidiary sources of law?

d) What is the principle of justice in English law enforced by?

e) How have the rules of common law been evolved?

f) Which is the judge’s position in the English legal system?

g) Are customs important as sources of law? Why?

h) Do the English legal writings have any importance as a source of law?

II. Match the following terms with the definitions below:

a) accident personal injury

b) defective equipment

c) dangerous driving

d) impeding

e) riot

f) road block

g) booting

1) the offences of theft, burglary or criminal damage during time of civil unrest, disturbance or natural disaster

2) the assembly of more than two persons whose malicious actions cause death, injury or property damage

3) the assembly of more than two persons for the purpose of blocking a roadway; the blockage may be by use of an object, group of objects or any substance

4) any motor vehicle accident causing injury, but not death, to a person

5) offences relating to the operation of motor vehicles with altered, broken, defective, damaged or missing equipment.

6) operating a motor vehicle so as to endanger life or property

7) offences relating to the illegal or improper parking, stopping or standing on, in or adjacent to a roadway

III. Add suffixes to form nouns:

to appoint; to assess; to attend; to convict; to defend; to dispose; to establish; to evaluate; to hear; to immigrate; to imprison; to proceed; to propose; to prosecute; to withdraw

IV. Ask questions to the following statements:

a) The basic powers and responsibilities of local authorities shall be prescribed by the constitution or statute.

b) The principle of local self-government shall be recognised in domestic legislation.

c) Public responsibilities shall be exercised by those authorities which are closest to the citizen.

d) Allocation of responsibility to another authority should weigh up the extent and nature of the task and requirements of efficiency.

e) Powers given to local authorities may not be undetermined, or limited by another central or regional authority.

V. Choose the correct answer:

1) In the legal profession, men ___________ women by five to one.

a) outclass                              c) overcome

b) outnumber d) supersede

2) The _________ sentenced the accused to 15 years in prison

a) barrister                             c) judge

b) counsel                               d) solicitor

3) After a close cross-examination, the barrister was ________ . His client was telling the truth.

a) content                               c) happy

b) glad   d) satisfied

4) I _________ to say anything unless I am allowed to speak to my solicitor.

a) deny              c) refuse

b) neglect                                d) resist

5) All __________ barristers are expected to study at the Inns of Court.

a) hopeful                               c) willing

b) prospective  d) wishful

VI. Translate into English:

1) In Marea Britanie nu exista numai un singur organ al legii.

2) In ce priveste diferentele dintre sistemul juridic scotian si cele din restul Marii Britanii, acestea sunt mai extinse.

3) O trasatura comuna tuturor sistemelor juridice din Marea Britanie este aceea potrivit careia sursele de drept includ legislatia,precum si o mare cantitate de cutuma (unwritten law) care provine din numeroasele hotarari ale instantelor de-a lungul timpului sau din alte surse.

4) Majoritatea urmaririlor penale in Anglia sunt conduse de catre politie, dar punerea sub acuzare este de competenta procurorului public.

5) Este necesar ca avocatii sa caute toate informatiile relevante pentru cazul respectiv la politie.

6) Fiecare acuzat are dreptul sa apeleze la un avocat pentru aparare.

7) Daca acuzatul nu poate sa-si permita sa angajeze un avocat pentru aparare, atunci i se acorda asistenta juridica pe cheltuiala publica.

8) La inceputul secolului curtile de apel au fost obligate sa-si respecte judecatile precedente.

VII. Translate into Romanian:

The plaintiff begins his action by way of a writ of summons, which is a formal document containing details of the parties, the plaintiff’s claim, an instruction to the defendant to acknowledge the writ within a specified time and a warning to the defendant that he must acknowledge and indicate an intention to contest the case or risk the plaintiff proceeding directly to a judgment.

On the back of the writ the plaintiff must set out (’indorse’) the nature of his claim against the defendant either in a brief, general statement (a ’general indorsement’) or in a full statement (a ’special indorsement’). If the writ contains only a general indorsement and the defendant wishes to contest the case, a full statement of claim will become a necessary part of the pleadings which will follow in due course.

VIII. Make up your own definition of the doctrine of precedent in about 50-100 words (with your coursebook closed). All the definitions should then be read out in class, and a ”jury” should decide which is the most accurate, complete and grammatically correct.

CONDITIONALS

Type 1

a)     possible, probable/real condition referring to something which may or equally may not happen:

eg. If it rains, we won’t go to buy the newspaper.

b) tentative, possible condition referring to something which is rather unlikely to happen, but still do so:

eg. If you should be interested, please, let me know.

Type 2

- improbable condition referring to something to which the speaker can imagine happening in theory:

eg. If I were you, I wouldn’t change my job.

If she became a reporter, she would work very hard.

Type 3

- impossible condition referring to something in the past which cannot by definition happen:

eg. If she had known English, she would have translated the text..

v         Note: In negative sentences, if not is replaced by unless:

eg. He will not understand the lesson unless he learns the new words.

I. Match the two parts of the following statements:

1) If I were a young manager and I received a number of complaints from my customers about unfriendly service, …..

2) If my supplier’s workforce kept going on strike, …

3) If my employees refused to work overtime, ………

4) If I inherited a fortune and opened my own business and a close relative asked me to give him/her a well paid job, ………………………

a) I would use alternative suppliers and make sure I had emergency stocks.

b) I would offer her/him the job only when the business becomes profitable.

c) I would think of some ways to encourage my staff to be helpful.

d) I would give them bonuses for extra hours.

II. Underline the correct words:

1) I wouldn’t/won’t worry if I am/were you.

2) If you phoned/had phoned me yesterday, I had told/would have told you.

3) If you took/would have taken more exercise, you might feel/had left better.

4) If Tim would have listened/had listened more carefully, he wouldn’t have made/didn’t make that mistake.

5) If we would found/found suitable premises, we would have moved/had moved earlier.

6) If people kept/had kept their offices more tidy, it might present/presented a better image to our visitors.

7) If I had known/would know about their financial problems, I wouldn’t do/wouldn’t have done business with them.

8) If our side had been/was better prepared, we succeeded/could have succeeded in the negotiations.

III. Translate into English:

1) Daca nu l-as fi inteles, l-as fi rugat sa vorbeasca mai rar.

2) As alege rochia aceasta daca n-ar fi atat de stramta.

3) Daca compania noastra ar fi vrut sa vanda sau sa cumpere valuta, ar fi putut contacta un agent de bursa.

4) Daca nu pleci imediat, vei pierde in mod sigur trenul.

5) Ti-as fi recunoscator daca mi-ai da mai multe informatii in legatura cu folosirea cardului.

6) Daca nu te trezesti devreme, n-o sa poti sa ajungi la serviciu la timp.

7) Daca as fi observat accidentul, as fi notat numerele masinilor.

8) Cum ai reactiona daca ai afla ca firma lui va da faliment

9) Cainele meu latra intodeauna daca aude vreun zgomot neobisnuit.

10) Kate ar fi invatat inca doua ore, daca ar fi stiut ca examenul fusese amanat.

11) Daca maine as avea zi libera, as pleca in excursie la munte.

12) Daca as fi stiut ca faceti comert cu aceasta firma de atitia ani, as fi luat legatura cu voi imediat.

IV. Put the verbs in brackets into the right form:

a) They (not to be) angry with her if they had known the truth.

b) What you (to do) if you found a burglar in your house?

c) Someone (to steal) your car if you leave it unlocked.

d) Jim (to be ruined) if the bought his wife everything she asked for.

e) If she were sent to prison, you (to visit) her?

f) He would have forced his way into the house if I (not to call) for help.

g) If I (to change) my job would it affect my pension?

h) If father had been at home, he (to answer) the phone.

i) Mike wouldn’t have believed it if he (not to see) it with his own eyes.

j) He (to buy) shares in your company if he had some money.

UNIT 7

THE BRITISH CONSTITUTION

The British Constitution is not written in a basic document or group of documents. It has evolved over the centuries with several dramatic changes and high degree of historical continuity has been maintained as the constitution has been brought up to date.

The constitution is regulated¹ to a large extent by rules which do not belong to the normal legal categories and which are called constitutional conventions. They are rules of political conduct or binding usages, most of which are capable of being varied or of simply disappearing as political conditions and ideas change. Sometimes it is convenient to contrast constitutional convention with ‘strict law’². This, in strict law (by virtue of the royal prerogative) the Queen can dismiss her Ministers at pleasure. By convention this legal power is exercisable only in very extraordinary circumstances. As the Queen must act in accordance with ministerial advice, Parliament still adopts the form of conferring discretionary powers on Her Majesty. This dichotomy³ of law and convention pervades⁴ much of the constitutional law.

The absence of a cumbersome⁵ procedure for altering rules of constitutional importance, the omnicompetence⁶ of Parliament and the pliability⁷ of many constitutional conventions tend to make the British constitution flexible and easily adaptable.

The upper House of Parliament, the House of Lords, still constituted on a hereditary basis, is of minor importance; the lower House, the elected House of Commons, is the focus of political attention. The political arm of the executive branch of government is recruited from and located within Parliament, and the Cabinet is collectively ‘responsible’ to Parliament in general and the House of Commons in particular. A Government would either have to resign or go to the country if it were to forfeit⁸ the support of a majority in the Commons.

Because of the structure of modern British political parties, and the operation of the electoral system and certain constitutional rules the Government is normally able to command parliamentary support for the implementation of almost any policy that it is in practice likely to adopt. The Government has indeed to be responsive⁹ to parliamentary opinion, as well as to the weight of opinion in the electorate at large, but one must not imagine that it is in any real sense a delegate or agent of Parliament. Parliamentary government is not governed by Parliament. The Government governs in and through Parliament. At the same time, it would be erroneous to speak in terms of ‘Cabinet dictatorship’. A Government operates within a complex network¹⁰ of constraints restricting its freedom of manoeuvre.

The constitutional principles, rules and practices of the United Kingdom have never been codified. They derive from statute law, from common law, and from conventions of the constitution, which are not laws at all, but political practices which have become considered as indispensable to the smooth working of the machinery of government.

1) to regulate = a pune la punct, a potrivi; a regla, a ajusta

2) ‘strict’ law = lege neconditionata, fixa

3) dichotomy =dihotomie, diviziune cu doua parti

4) to pervade = a cuprinde; a patrunde (in)

5) cumbersome = obositor, incomod, greoi

6) omnicompetence = imputernicire deplina

7) pliability = pliabilitate, flexibilitate

8) to forfeit = a pierde prin confiscare

9) responsive = intelegator corespunzator

10) network = retea

I. Answer the following questions:

a) What do you mean by “constitutional conventions”?

b) Can you explain the term “strict law”?

c) Is the British Constitution a flexible and easily adaptable one? Why?

d) What happens if the Government should forfeit the support of a majority in the Commons?

e) Can one speak about the British Government in terms of “Cabinet dictatorship”?

f) How does a Government really operate? Explain it in a few words.

II. March the following terms with the definitions below:

A. incidents or disputes concerning agreements, property ownership, land use etc.; they are concluded by referring the parties to judicial officers, social department or other agencies

B. the official government action of expelling a person from a country or from a province

C. the assembly of more than two with a common purpose without causing death, injury or property damage

D. family disputes in which there is absolutely no criminal conduct

E. cases of persons who intentionally terminate their lives

F. the report that a person’s location is unknown and, should reasonably be known; this report must be made by a responsible party

G. deaths reported to the police that are caused by natural body functions or by unintentional but legal actions

III. Choose the right answer:

1) The judge _______ the pedestrian for the accident.

a) accused c) charged

b) blamed d) sued.

2) A _______ is a trial lawyer or litigator.

a) barrister c) solicitor

b) judge d) coroner

3) The judge will hear the next _______ after lunch.

a) case c) lawsuit

b) charge d) trial.

4) His legal training enables him to put his case ______ very convincingly.

a) down c) over

b) out d) up

5) The ________ sentenced the convicted man.

a) judge c) barrister

b) counsel d) prosecutor

IV. Give the Romanian equivalents of the following legal terms. Write a sentence with each of them:

V. Reduce each of the following complex sentences to make a more condensed one:

1) Passengers must go through the Customs before they embark.

2) He promised he would buy me a present.

3)Don’t forget you must deposit your key at the reception desk when you leave the hotel.

4) We are sorry we are so late.

5) I regret I spoke to the boy so rudely.

6) The meeting that was arranged for tomorrow will now be held a week from tomorrow.

7) Can you find something that will stop the door banging?

8) I hope I shall hall see you on Tuesday.

VI. Translate into English:

1) El ar fi putut obtine o nota mai mare la Drept Civil, dar nu a studiat indeajuns.

2) El ar fi trebuit sa plateasca o amenda mai mare pentru avarierea destul de serioasa a masinii reclamantului.

3) Nu putea sa fure el ceasul, toata lumea il considera un om onest.

4) Este necesar ca aceasta lege sa fie votata in parlament.

5) Avocatul insista ca inculpatul sa fie eliberat pe cautiune.

6) Judecatorul a hotarat ca tanarul infractor sa fie trimis la o scoala de reeducare.

7) Pot fi jurisconsulti absolventii facultatilor de stiinte juridice.

8) Functia juratilor este de a declara daca acuzatul este vinovat sau nevinovat.

VII. Translate in to Romanian:

When the government’s manifesto commitment to introduce compulsory trade union recognition is finally implemented, an increasing number of employers may come under pressure to reach collective agreements on such matters as the procedure for selection in the event of redundancy. The Court of Session’s decision in the case assumes particular significance against that backcloth. The employer had agreed with the GMB a selection procedure on the basis of ‘last in, first out’, but decided instead to apply an alternative scheme. An employee who was thereby placed in the firing line sought an order prohibiting the employer from making a selection on any basis other than ‘last in, first out’.

VIII. Comment on the following proverbs:

“Much law, but little justice.”

“Of two disputants, the warmer is generally in the wrong.”

UNCOUNTABLE NOUNS

An uncountable noun has only one form. We cannot use numbers with it:

Eg. - substances, materials: water, air, oil, coffee, money, steel, food, electricity.

- abstract ideas: freedom, progress, health, trouble, fun.

- activities: sleep, music, work, football, research

- human qualities/feelings: sadness, respect, courage, honesty, patience.

The following nouns are uncountable in English: advice, business, cash, furniture, health, homework, luggage, machinery, money, accommodation, traffic, weather.

A few uncountable nouns and in –s: athletics, diabetes, economics, gymnastics, measles, news, politics.

Uncountable nouns cannot be counted directly; however, we can count them using phrases like: a piece of, a bit of, an item of, a cup of, a glass of, a bottle of, a kilo of, a barrel of etc:

eg. a piece/two pieces of advice

a bottle/two bottles of water

a bit/two bits of information

a kilo/two kilos of rice

an item/two items of news

a barrel/two barrels of oil.

Singular or Plural?

Some singular nouns can be followed by either a singular verb or a plural verb: army, audience, board, committee, family, group, management, staff, team, union:

eg. The company is/are doing very well at the moment.

Some nouns have only a plural form and take a plural verb:

eg. clothes, contents, earnings, expenses, feelings, goods, police, scissors, remains, surroundings, trousers.

I. Underline the correct words:

a) How much/How many pages are there on your website?

b) Is/Are there many/much traffic in Geneva?

c) How much/How many information have we got about this company?

d) Where is/are the goods we ordered?

e) There is/are some people waiting for you in reception.

f) We bought some new equipment/equipments last month.

g) He gave me an/some advice which was/were really useful.

h) I’m afraid we haven’t got much/many time.

i) The news is/are on at nine. They may be an/some information about Davos.

j) You can choose some/any colour you want.

II. Fill in the blanks with the correct form, singular or plural, of the verb (use simple present or past tense):

1) The United States ……………….. a great political and economic power.

2) The youth everywhere ……………….. eager to live an interesting life.

3) The headquarters …………………… located in a developed area.

4) A lot of information ……………….. necessary for the new project.

5) The equipment that we ordered ………………. here.

6) Economics …………studied in all business schools.

7) The ecological farm produce …………… in great demand.

8) The news about the closure of the company …………… really depressing.

9) How much money …………… left in your account?

III. Singular or plural? Underline the correct form of the words in italics – in each pair there is one singular and one plural:

a) 1. The large content/contents of the lorry made it possible to carry all those goods.

2. The content/contents of the book seemed interesting enough.

b) 1. The premise/premises may have been good, but the final result was a failure.

2. The company’s premise/premises had to be redecorated.

c) 1. They had to wait a lot before they passed the custom/customs.

2. They admired the unique custom/customs people keep in that village.

d) 1. The sales targets for the first term/terms could not be achieved.

2. The term/terms of the contract will be drawn up by the lawyers.

e) 1. The compass/compasses broke, so that the explorer lost himself in the rain forest.

2. I borrowed his compass/compasses to finish my diploma design.

f) 1. I need the minute/minutes of the last meeting.

2. They didn’t find out the result of the contest until the last minute/minutes.

g) 1. The girls tried on a lot of cloths/clothes for their holidays.

2.She bought some cloths/clothes to have a few dresses made.

h) 1. The manager has asked us to collect the figures and submit him the statistic/statistics.

2. Students have passed their exams in statistic/statistics.

IV. Translate into Romanian:

a) All Dacians rose in arms when the Romans invaded Dacia. b) The letter burnt to ashes. c) Clothes do not make the man. d) Have a look at the table of contents. d) Goods are usually transported in goods trains. e) They couldn’t finish the project for lack of funds. f) He is a man of means, he can afford it. g) You’ll find the information you need in the minutes of the meeting. h) We are all at pains to please her. i) There is a suspect on the premises. j) I’ve put all my savings in the savings bank. k) She is always in good spirits. l) I can’t drink spirits. m) She is sitting on the stairs n) The standard of living in the Middle Ages was very low.

V. Translate into English:

1) Etajera aceasta poate tine multe carti. 2) Sunt multi clienti in magazinul din colt. 3) Pojarul este o boala contagioasa. 4) Cine ti-a adus stirea? 5) Tamplarul, pe care l-ai cunoscut la mine, face mobila frumoasa. 6) Am vazut multi pesti inotand sub pod. 7) Marfurile acestea au venit din China. 8) Vrei sa-mi dai foarfecele o secunda? 9) A taiat doua paini si a pus feliile pe masa. 10) Cu mintea ta si cu putina harnicie poti sa reusesti. 11) Au mancat orez in loc de cartofi. 12) Oamenii acestia s-au adunat pentru a rezolva o problema importanta. 13) Trebuie sa te duci in oras sa cumperi niste pahare. 14) Acoperisurile caselor erau acoperite cu zapada. 15) A cumparat cateva gaste. Iti place carnea de gasca 16) Turistii au intalnit cateva caprioare. 17) De ce se pune petrol in lampa 18) Painea aceasta este proaspata, aceea este veche. 19) Daca incalzesti ceara, ea se inmoaie. 20) Oamenii acestia sunt din nord.

UNIT 8

THE ACTORS OF THE CONSTITUTION

The British monarchy must seem to outsiders a caricature of the traditional conceits: the participants are trusted to play the game, though its rules are undefined, and, if they do not abide¹ by the rules, nobody knows what the sanctions might be.

Most political business in Britain is conducted in the name of the Crown. Parliament does not govern; the Queen in Parliament governs. When Parliament reassembles² at the beginning of a session, the Queen herself reads out the list of laws the government hopes to pass. Every bill that passes through Parliament needs to have royal assent³ before it passes into law. The Queen appoints bishops, judges and the top brass⁴ of the army, but always on the advice of the Prime minister. When one party wins a majority in the House of Commons, the monarch has no difficulty in nominating the leader of the party to be prime minister. The Queen has to work on two principles: she must appear impartial, and must find a government capable of surviving in the House of Commons.

The House of Lords is made up of hereditary and life peers⁵ and peeresses, including the law lords appointed to undertake the judicial duties of the House, the archbishops of Canterbury and York, the bishops of London, Durham and Winchester and 21 senior bishops of the Church of England. The main function of the House of Lords is to bring the wide experience of its members into the process of law-making.

The House of Commons is elected by universal adult suffrage and consists of 650 members of Parliament (MP_s). General elections are held after a Parliament has been dissolved and a new one summoned⁶ by the Queen. When an MP dies or resigns or is given a peerage⁷, a by-election⁸ takes place.

For electoral purposes the United Kingdom is divided into constituencies⁹, each of which returns one member to the House of Commons. Elections are by secret ballot. British citizens and citizens of other Commonwealth¹⁰ countries, together with citizens of the Irish Republic, may vote provided they are aged 18 or over, resident in the United Kingdom, registered in the annual register of electors for the constituency and not subject to any disqualification.

People not entitled to vote include members of the House of Lords, patients detained under mental health legislation, sentenced prisoners and people convicted within the previous five years of corrupt or illegal election practices.

The Representation of the People Act 1985 extends the franchise¹¹ to British citizens abroad for a period of five years after leaving the United Kingdom and extends the right to apply for an absent vote to all those who cannot reasonably be expected to vote in person at the polling¹² station. A candidate’s nomination for election must be signed by two electors as proposer and seconder, and by eight other electors registered in the constituency. He or she does not require any party backing. A candidate must also deposit £ 500, which is forfeited if his or her votes do not exceed 5 per cent of those validly cast.

1) to abide by = a respecta, a se conforma (unei legi, unui regulament)

2) to reassemble = a re-convoca o intrunire

3) royal assent = acordul regal consimtamantul

4) brass = ofiteri superiori

5) peer = pair, nobil

6) to summon = a convoca

7) peerage = rang de pair pairii, Lorzii Regatului

8) by-election = alegere locala/partiala

9) constituency = circumscriptie electorala corp electoral

10) Commonwealth = republica engleza, statul englez

11) franchise = privilegiu, scutire; concesiune

12) polling station = centru de votare

I. Find the meaning of the following words and phrases:

II. Answer the following questions:

a) What role does the Queen play in the process of legislation?

b) What are the two principles the Queen has to work on?

c) Who are the members of the House of Lords?

d) Who undertake the judicial duties of the House?

e) What does the House of Commons consist of?

f) When does a by-election usually take place?

g) What are the basic requirements for someone wishing to vote in a United Kingdom election?

h) Is the system different from the one in our country?

III. Match the English terms on the left (1-14) with their equivalent Romanian expressions (A-N) on the right:

IV. Do not begin sentences with and, so, or but. Which words can be used to replace them? Complete the following table:

V. Make up sentences using the following legal phrases used in law courts:

to bring an action against smb. – a actiona in judecata pe cineva

to bring a prosecution – a pune sub acuzare

to comply with a decision – a se supune unei hotarari

to commit an offence – a comite o infractiune

to conduct an enquiry – a conduce o ancheta

to deprive smb. of liberty – a priva pe cineva de libertate

to discharge a defendant – a pune in libertate un acuzat

to give evidence – a depune marturie

to grant legal aid – a acorda asistenta juridica

VI. Translate into English:

1) Dreptul european devine din ce in ce mai operant datorita Curtii de Justitie.

2) Curtea de Justitie rezolva cazuri litigioase in Europa.

3) Uniunea economica si monetara a Europei este un progres imens.

4) Judecatorii fac totul pentru ca dreptul britanic sa ramana conform cu dreptul european.

5) Tribunalul Primei Instante, care va trata cazurile minore, nu exista decat de cateva luni.

6) Guvernele verifica deja legislatia europeana si sunt suspicioase cu privire la modul de scrutin.

7) Parlamentul va vota luna viitoare amendamentele la Actul din 1987.

8) Patriotii pretind ca Marea Britanie nu ar trebui sa se plieze in fata legilor europene si nici in fata exigentelor Curtii Europene.

VII. Translate into Romanian

After a regulation has been adopted, there will be an ex post assessment of whether the regulation actually realizes its objectives. This may be a formalized assessment, but most often it is an informal process through public discussion, press comments, court decisions, etc. The result may be that one initiate a revision process, which generally will take the form of a report that concludes whether amendments should be introduced, and which is subject to a political decision. If the decision is positive, a draft of the new regulation is developed and is made subject to an ex ante review, both with respect to whether political objectives will be realized and to the more legal technical details of the drafting. The draft be then adopted.

VIII. Discussion:

Use the following quotation as a basis for discussion

“Modern societies still need myth and ritual. A monarch and his family supply it; there is no magic about a mud-stained politician”

(Sir Ian Gilmour)

RELATIVE PRONOUNS

The words who, which, that, whom and whose can begin a relative clause. They are called relative pronouns.

For people both who and that are used, but who is more common.

eg: The candidate who they chose for the job has a finance background.

For things or ideas both which and that are used, but that is more common, especially in speech.

The products that you ordered were sent today.

They won the contest which made us quite happy.

The relative pronoun whose shows that something belongs to someone or some thing.

The European Union is an organization whose policies change quite slowly.

In formal English it is possible to use whom instead of who where who is the object of the sentence. But in modern English most speakers only use who.

The candidate who/whom we chose has a finance background.

We must keep the relative pronoun in non-defining clauses. We can not leave it out (it makes no difference whether it is followed by a noun or a verb).

The technician, who my colleagues know well, said the network was working fine.

The salad, which had avocado in it, was superb.

That is never used in a non-defining relative clause.

I. Complete the sentences with who, whose or that:

1) They promoted the manager ………………… sales team was most successful.

2) Do you know ……………… Catherine works for?

3) The consultant, …………… seems very young, is speaking to Martin.

4) I can’t remember …………. I invited to the meeting.

5) The contract ……………. you showed me before was different to this one.

6) Your colleague, …………… I met this morning, had the same opinion.

7) I don’t remember …………….. I spoke to when I called yesterday.

8) It’s difficult to say ……………. this fax was sent by.

9) The manual ……………….. they sent explains everything.

10) The customer ……………… company I visited is phoning this afternoon.

II. Decide whether the words in italics are defining or non-defining relative clauses:

1) The train, which leaves at 8 a. m., doesn’t stop at Bath.

2) The train which leaves at 8 a. m., doesn’t stop at Bath.

3) The projector which has a new bulb is over there.

4) The projector, which has a new bulb is over there.

5) The food, which was very nice, was served at the bar.

6) The man who is in reception has been waiting for ten minutes.

7) The technician who spoke to Tony was our neighbour.

8) The technician who spent over on hour here, said the network was working fine.

III. Combine the following pairs of sentences by means of relative pronouns: who, what, which, whose, that making any necessary changes. Some relative pronouns can be omitted

1) You sent us a letter. Thank you very much for it.

2) A receptionist answered the phone. She said the finance manager was not available.

3) The office clerk introduced me to the visitors. Most of them were from abroad.

4) The lecturer announced he would arrive sooner. This didn’t suit me at all.

5) This is Mr. Roberts, His company was among the most successful businesses last year.

6) Our company has recently launched a range of new products last month. Many of them are already in great demand.

7) The firm is sending me to New York. I work for this firm.

8) She wanted to be shown around the new mall. She had been told about the mall.

IV. Translate into English:

1) De la cine a cumparat George masina

2) De obicei nu spune cu cine se intalneste.

3) Cui dorea sa-i plateasca Petre

4) Mi-a spus cui a dat cartea.

5) Tot ceea ce mi-a spus m-a impresionat profund.

6) El este un scriitor ale carui opere sunt bine cunoscute.

7) Tom poarta o haina care este prea larga pentru el.

8) Revista pe care mi-ai imprumutat-o este foarte interesanta.

9) Fata pe care tocmai ati intalnit-o este nepoata mea.

10) Baiatul care a aruncat piatra va fi pedepsit.

11) Acesta este omul caruia i-am dat pachetul.

12) E acelasi volum pe care mi l-ai dat saptamana trecuta.

13) Bibliografia pe care mi-ai recomandat-o m-a ajutat mult sa-mi fac lucrarea singur.

14) Inotul, care este un sport minunat, face oamenii puternici si sanatosi.

UNIT 9

LEGAL PROFESSIONS

Of the public roles played by members of the legal profession, that of judge is most visible, but the status of judge and the mode of entry into this branch vary considerably from country to country. The traditional independence, prestige and creativity of the Anglo-American judge contrasts with the rather ordinary civil servant status of most continental judges.

The English judiciary consists of judges of the High Court and appellate¹ courts and comprises the Lord Chancellor, the lord Chief Justice, the Master of the Rolls², 11 Lords of Appeal, 18 lords justices of appeal, the Vice-Chancellor, the President of the Family Division of the High Court and 80 other judges of the High Court. The Circuit³ judges try criminal cases in the Crown Courts and civil cases in the County Courts and they are less than 400. By contrast, the American judiciary is enormous: the federal judiciary (over 700), District judges, who are trial judges (over 545) and the judges of the state court systems exceeding 7, 500 though many of these may have limited jurisdiction. Besides, American judges operate in a far less centralized system. Not only does each state have its own judicial system within its own borders, distinct from the federal system which covers the whole country, but even the federal system itself is decentralized to a significant degree.

In England there are two distinct kinds of legal advisors: barristers⁴ and solicitors⁵_, whereas America has one professional status of lawyer, attorney or counsel. The English bar is exceedingly small profession. There are today about 5,300 practicing barristers which is only about one-tenth the number of practicing solicitors.

An important factor that strengthens the cohesiveness⁶ of this tightly knit profession is that the majority of barristers practice in London and nearly all have chambers⁷ in a very limited number of areas. The English bar is almost the apprenticeship⁸ for becoming a judge. Senior barristers appearing daily in court become so acquainted with the role of the judge that they can move from bar to bench⁹ overnight, doffing¹⁰ the role of advocate and adopting that of judge.

The disappearance of the civil jury means that oral argument in English Courts tends today to encourage skill in arguing strict points of law in a way which matches the approach of English judges. The English barrister acts as a filter through whom assertions and arguments have to be made. In this respect, he is not just a hired retainer¹¹, but a public official with important responsibilities for the working of the legal system as a whole.

According to the American Bar Foundation Research Study released in 1985, there are more than 675,000 lawyers in America. About two thirds of all American lawyers are in private practice, with some ten per cent in government service. Unlike an English barrister who is a specialist in advocacy but a generalist in law, many American lawyers are likely to specialize in a narrow area, and may have little sense of the general values and ideas influencing judges in other areas. Unlike English barristers, most American lawyers do not regularly appear before judges anyhow, and those who do, found themselves before a wide variety of judges, state and federal, trial and appellate. Like judges, lawyers in America are often more political than awyers in England, and in a variety of ways they play a larger role in the formulation of policy.

The prosecutor, who performs the function of trial lawyer for sovereignity has extensive resources at his disposal for investigation and preparation purposes. He is not at liberty to distort or misuse this information. He must disclose information tending to relieve the accused of guilt. The efforts of the prosecutor and the court should be directed toward fairness and justice. But it is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.

1) appellate court = curte de apel

2) Master of the Rolls = seful baroului

3) circuit judges = judecatori de circumscriptie

4) barrister = avocat pledant

5) solicitor = avocat, consilier juridic

6) cohesiveness = coeziune

7) chamber = sediu profesional al avocatilor pledanti

8) apprenticeship = ucenicie

9) bench = scaun judecatoresc

10) to doff = a scoate, a schimba

11) retainer = angajat, consilier

I. Answer the following questions:

a) What representatives does the English judiciary consist of?

b) What does the American judiciary consist in?

c) How do the American judges operate?

d) What factor really strengthens the cohesiveness of the English legal advisors?

e) How does the English barrister act like?

f) What is the difference between an English barrister and an American lawyer?

g) What is a prosecutor?

h) What way should a prosecutor’s efforts be directed towards?

II. Give the Romanian equivalents of the following legal terms; write a sentence with each of them:

III. Try to match the legal terms (1-10) with their correct definitions (A-J):

1. Intestate succession

2. A fine

3. Tenants in Chief

4. Tenure of land

5. The Assizes

6. Appellate jurisdiction

7. Forfeiture

8. An itinerant court

9. First instance jurisdiction

10. Equity.

A. Ownership of property

B. A court that moves from town to town

C. Loss of property or a right as a result of an offence.

D. The law concerning the transmission of a dead person’s estate to the beneficiaries when no will has been drawn up.

E. Norman noblemen given their land directly by the king.

F. The power of a court to hear and judge a new case.

G. A system of law complementary to the common law.

H. A sum of money that an offender must pay when ordered to do so by a legal authority as a punishment for the offence.

I. Sittings of courts presided over by judges who would travel around the country.

J. The power of a superior court to review the decisions of an inferior court.

IV. Make up sentences using the following legal phrases used in law courts:

to grant bail = a acorda cautiune

to infringe smb’s right = a incalca drepturile cuiva

to institute proceedings = a introduce o actiune

to impose a fine = a impune o amenda

to issue a writ for damages = a dispune plata unor daune

to make an appeal = a face recurs

to pass sentence = a pronunta sentinta

to plead guilty = a pleda pentru vinovatie

to set aside = a infirma o judecata

to vote down a proposal = a refuza prin vot o propunere

V. Put the following actions in the correct order

tried – committed a crime – accused – interrogated – charged – paroled – arrested – thought about committing a crime – interrogated –sent to prison – convicted – arrested – suspected.

VI. Translate into English:

Activitatea avocatului se realizeaza prin:

- consultatii si cereri cu caracter juridic, asistenta si reprezentare juridica in fata organelor de jurisdictie, de urmarire penala si de notariat

- apararea cu mijloace juridice specifice a drepturilor si intereselor legitime ale persoanelor fizice si juridice in raporturile cu autoritatile publice, institutiile si orice persoana romana sau straina;

- redactarea de acte juridice, cu posibilitatea atestarii identitatii partilor, a continutului si a datei actelor

- orice alte mijloace si cai proprii exercitarii dreptului de aparare in conditiile legii.

VII. Translate into Romanian

Practitioners will need to familiarize themselves with the rules about internal appeal procedures. A tribunal will have the power to reduce the compensatory award for unfair dismissal where an employee has, at the time of the dismissal, been told about any appeal procedure provided by the employer but has failed to make use of that procedure. The amount of the reduction shall be such amount (if any) as the tribunal considers ‘just and equitable’. The new rules are not entirely one-sided. A tribunal will also be able to make a supplementary award of compensation where an employer does not allow an employee to use an appeal procedure provided by him. The tribunal must take account of what would have been the likely outcome of any appeal under the procedure in assessing the amount of the reduction or supplementary award, but in no case will its amount exceed two weeks pay.

VIII. Comment on the proverbs:

“Adversity makes a man wise, not rich.”

“It is not the coat that makes the gentleman.”

DETERMINERS

A determiner is a word used in front of a noun to show which thing you mean, or to show the quantity of something. Determiners include: a/the, my/your, this/that, all/most/some/any, no/none, much/many/a little/a few, each/every, both/either/neither.

no, none

We can use no with a singular noun, plural noun or uncountable noun.

eg. No employee has more than 25 days’ paid holiday.

No new ideas were put forward at the meeting.

There was no useful information in the report.

To emphasize the idea of none we can use none at all or not one or not a:

eg. A: How many people came?

B: None at all!/Not one!/Not a single person!

each, every

- we use each when we think of the members of a group as individuals, one by one. It is more usual with smaller groups and can mean only two.

eg. Make sure that each parcel has a label.

- we can use each of :

eg. Each of the parcels needs a label.

- each can be used after the subject, or at the end of a sentence:

The parcels each need a label.

or The parcels need a label each.

both, either, neither

- we use both, either and neither to refer to two things..

both means “the one and the other”:

Both emails/Both the emails/Both of the emails/Both of them are important.

The emails are both important. I’ve read them both.

either means “the one or the other”. Neither means “not the one or the other”:

Monday or Tuesday? Yes, either day/either of the days is fine.

Monday or Tuesday? I’m sorry, but neither day/neither of the days is convenient.

I. Underline the correct words:

1) Every option has been/Every options have been explored.

2) The flight and hotel are booked. All/Everything is organized.

3) I can’t see no/any solution to the problem, I’m afraid.

4) All of/Every of the files are corrupted by the virus.

5) I can’t come at the week-end. I’m busy both days/every day.

6) Each our customers/Our customers each have a separate file on the database.

7) Sorry, but I can’t hear either/neither of you properly.

8) Some of/Some restaurants have service included in the price.

9) Not one/Not no question has been answered.

10) The key account managers each/every have their own list of clients.

11) There were none/no messages on the answering machine.

12) O K, I think that covers all/everything on that point. Shall we move on?

II. Complete the sentences with a word or phrase from the list below: all, any, no, not one, none, each, every, both, either, neither

1) I can’t go There are only two flights, and there are ……………….. seats left on ………….. of them.

2) I can’t go. There are only two flights, and …………………………… of them has any seats left.

3) We sent letters to sixty customers, but …… replied!

4) …………………….. I want is a bit of peace and quiet to finish writing this report.

5) I’ve phoned …………………… store in the Yellow pages and they are ………………………… out of stock.

6) We have three models, and …………………….. one has its own special features.

7) I was nervous at the start of my talk, but after that I enjoyed …………………….. minute.

8) I got three letters, but there were …………….. for you, I’m afraid.

9) I got three letters, but there weren’t …………….. for you, I’m afraid.

10) The Trade Fair is important. We need ………….. Sue and Mike on the stand.

11) Both roads lead to the city center. You can take ………………….. one

12) You’ve been six of the best trainees that we’ve ever had on this course. The best of luck to ………………….. of you in your future careers.

III. Rewrite the second sentence so it has a similar meaning to the first sentence and contains the word in brackets:

1) We only have a week left (all).

.. a week.

2) All the participants will be sent an agenda (every).

.will be sent an agenda.

3) This idea won’t work, and the other one also won’t work (neither).

.will work.

4) Not one of my colleagues speaks German (none).

. speak German.

5) No documents were inside this parcel (any).

There inside this parcel.

6) We only want a weaker dollar (all).

.. a weaker dollar.

7) The hotels were both unsuitable (neither).

. suitable.

8) The two proposals are interesting (both).

.interesting.

9) Not all the audience understood his talk (some).

.. understand his talk.

10) These items aren’t expensive (none).

. expensive.

IV. Translate into English

a) El nu este nici atent, nici disciplinat.

b) Nici unul dintre noi nu avea idee a cui e vina.

c) Atat politia cat si ofiterul de la imigrari pot aresta un suspect care a comis o infractiune legata de imigrare.

d) Oricine iti poate da un asemenea sfat.

e) Nici soferul si nici conducatorul camionului nu au fost vinovati.

f) Anul acesta noi studiem atat Dreptul Civil cat si Dreptul Penal.

g) Mi-a cerut niste plicuri, dar n-am avut nici unul.

h) Infractorul va fi ori amendat, ori condamnat la un an inchisoare.

i) Nici Peter si nici Jane nu au facut progrese in studiul limbii engleze.

j) Regretam cu totii timpul fericit al studentiei noastre.

k) Atat Robert cat si Dan au obtinut note bune la examen.

l) In vara aceasta el vrea sa faca o excursie in Franta ori in Italia.

UNIT 10

EUROPEAN LAW

The European Court of Justice in Luxembourg, the final arbiter of European Economic Community (EEC) law, is inspired by the French Conseil d’État. The system of dividing the court into chambers, and the role of the advocates-general who assist the 13 judges, are derived from the French legal system.

If the court’s model is French, its functions are frequently compared to those of the United States Supreme Court. Just as the supreme court settles disputes¹ in the federal structure of the United States, so the Court of Justice settles those in the EEC. Its judgments are final, there is no further appeal. The Court’s task is to see that EEC law is properly applied throughout the Community.

Unlike the Supreme Court, its judgments have to be unanimous. There is no dissenting² minority, at least outside the judge’s private deliberating chamber. EEC members have no choice but to respect the rulings³ of the court: its powers are set out⁴ in the Treaty of Rome, which they have all accepted. In this, the European Court of Justice differs from two other courts with which it is sometimes confused, the International Court of Justice in the Hague (the World Court) and the European Court of Human Rights in Strasbourg. EEC member states have no treaty obligation to accept rulings of the World Court or of the European Court of Human Rights. All community countries are also members of the Council of Europe and have chosen to recognise the jurisdiction of its court in human-rights cases.

No member country has refused to accept a ruling of the European Court of Justice on a large issue of principle. In some instances, however, they have dithered⁵ for a long time before complying. France delayed opening its market to imports of mutton and lamb from Britain to protect its own high-cost producers for several months after a court condemnation. Four years later Britain put into practice a ruling that it should accept imports of long-life milk from the continent (mainly France).

When France delayed applying its ruling, the court came under pressure to issue a second condemnation under its emergency procedures. The court’s refusal to do so was at first seized upon by some British commentators as evidence of the court bowing⁶ to political pressure. But its reasoning-that to issue a second ruling would devaluate the validity of the first-was widely accepted as wise.

The same reasoning prevailed when the idea of penal sanctions to back up⁷ court decisions was rejected by EEC legal experts looking into reforms of the Treaty of Rome designed to help speed the 1992 project along. The reforms, in the shape of the 1987 Single European Act, created a junior court, to ease the workload in Luxembourg. This court, called Court of First Instance, will deal with minor cases and is due to begin work later.

The most important cases concern the respect by EEC countries of their treaty obligations and, for private companies-the application of Community competition and trade policy. American multinationals turn to the court if they feel the commissions have fined them unfairly for breaches of EEC antitrust⁸ law.

The new rules resulting from the Single European Act and the 1992 project will add to the court’s work. EEC legal experts complain privately that the act, which was drafted⁹ in less than six months, contains a number of ambiguities and even contradictions. The court will no doubt have to sort some of them out. It will also be called upon more and more by national courts for rulings on how they should apply the growing number of EEC rules. And it will have to arbitrate in cases where member-states contest some of the Community’s new powers. Governments are carefully checking each major item of 1992 legislation to see whether it requires a majority vote or a unanimous one in the Council of Ministers or whether the EEC is competent to decide at all. Britain is being particularly vigilant.

1) to settle a dispute = a solutiona un diferend

2) dissenting = care este in dezacord sau in opozitie

3) ruling = decizie (a unui tribunal), sentinta

4) to set out = a pune in ordine, a stabili

5) to dither = a sovai, a ezita

6) bowing = care se supune

7) to back up = a face sa dea inapoi

8) antitrust law = lege antitrust

9) to draft = a schita, a intocmi un plan/proiect

I. Find Romanian equivalents to the following words and phrases:

II. Answer the following questions:

a) Outline the role of the European Court of Justice. How does it differ from the other ’institutions’?

b) Do the EEC member states have any treaty obligation to accept rulings of the World Court?

c) Why do the EEC legal experts complain about the Single European Act?

d) Will the role of the European Court of Justice change in a more united Europe? Why?/Why not?

III. Select the most appropriate answer:

1) The European Court of Justice is widely respected because.

A. unlike the Supreme Court, its judgments have to be unanimous.

B. countries have to deffer to European law should their own legislation be at variance with it.

C. an Italian refused to pay his electricity bill in 1964.

D. it is the only court in the Community.

2) The European Court of Justice

A. functions in exactly the some way as the French system.

B. conducts all its cases in French.

C. has similar powers to the U. S. Supreme Court.

D. is modelled on the U. S. Supreme Court.

3) Rulings of the European Court of Justice.

A. have sometimes to be enforced by threatening penal sanctions

B. are always accepted by member countries

C. tend to be biased in favour of the French

D. are always implemented immediately and without question.

4) The Court of First Instance

A. was created to take some of the work pressure off the court in Strasbourg.

B. will handle trade policy for private sector companies.

C. will deal only with staff disputes among Eurocrats.

D. was created because of the growth in the number of cases.

5) The Court of Justice.

A. may well have to arbitrate on cases that arise as the result of a hastily drafted act.

B. will have less work now because of Britain.

C. has received less criticism recently out of deference for its growing powers.

D. is composed of exactly the same number of judges from each member country.

IV. Make up sentences using the legal phrases below:

to plead non-guilty = a pleda pentru nevinovatie

to quash a decision = a casa o decizie

to resolve a conflict = a solutiona un conflict

to reverse a sentence = a revoca o sentinta

to state the cause = a-si apara cauza

to sue smb. = a da in judecata pe cineva

to try a case = a judeca un caz/proces

to punish with imprisonment = a pedepsi cu inchisoarea

to bring in a verdict of guilty/non guilty = a pronunta un verdict sau o decizie de achitare/condamnare (de catre juriu).

V. Match the sentences on the left with the appropriate sentences on the right

VI. Translate into English:

Martorul Am vazut acuzatul la locul crimei acum o luna.

Procurorul Va inselati, pentru ca in acea perioada va aflati in vacanta in Italia.

Martorul Cum puteti afirma asa ceva

Procurorul Este foarte simplu. Am plecat cu doua saptamani inaintea dumneavoastra pentru a-mi petrece vacanta in Italia. In ultima zi, in drum spre aeroport, nu-mi gaseam portofelul si m-am gandit “Probabil ca l-am lasat in camera la hotel.” M-am intors la hotel unde noul locatar al camerei de hotel mi-a inapoiat portofelul. Acest domn nu era nimeni altcineva decat dumneavoastra in persoana. Cunoasteti pedeapsa pentru marturie mincinoasa?

VII. Translate into Romanian:

The Equal Opportunities Commission has published significant proposals to amend the Sex Discrimination and Equal Pay Acts. The main proposal is to replace the two laws by a single statute based on the principle of a fundamental right to equal treatment between men and women. In addition, the EOC proposes a fundamental shift in emphasis from individual to collective remedies. Pregnant workers should, it is argued, enjoy a simplified and enhanced framework of rights and benefits and should be complemented by a pro-active approach to equal pay systems and adopt equal pay policies.

The EOC notes that it would continue to have a crucial role as the unique and independent agency responsible for upholding the principle of equal treatment between the sexes, but acknowledges that a number of its proposals could not be implemented realistically without a corresponding increase in its resources.

VIII. Discussion:

Use the following quotation as a basis for discussion:

”The Romanian people have no more monarch from 1947, but not only does their elected President live in a palace, he takes virtually no part in the day-today government of the country.”

GERUND OR INFINITIVE?

After certain verbs, either the infinitive or the gerund may be used with a difference in meaning:

I. Complete these sentences putting the verb in brackets into either the infinitive or gerund:

1. He pretended ………………….. (not/understand) the new regulations.

2. Have you finished ………… (study) those statistics?

3. Bank managers tend ……….. (be) cautious when granting loans to small firms.

4. Would you mind ……………….. (cover) me while I’m on leave?

5. Susan avoided ………………. (upset) her boss about that issue although she was right.

6. Have you ever considered …………….. (emigrate)?

7. The negotiating team threatened ……………….. (break off) talks until December.

8. They denied ………… (get) involved in such illegal transactions.

9. We refused ……………… (accept) the terms of the contract because they were incomplete.

10. Mike risked …………….. (borrow) a large sum of money with the aim of setting up his own business.

II. Rephrase these sentences replacing the words in italics by a gerund or an infinitive construction:

a) I definitely recall that I put the envelope here on my desk.

b) I don’t deny that I haven’t understood that part of the lesson.

c) Fred admitted that he had read very little about the subject

d) The doctor advised Paty that she should take the pills on an empty stomach.

e) Did you forget that you had given Mr. Brad that message?

f) She couldn’t bear that be should think of her in that way.

g) He preferred that I should say nothing about it at present.

h) Can you doubt that he will win the competition?

i) I suggested that he should call a specialist immediately.

j) The law requires that all the cars should be regularly tested for safety and efficiency.

III. Complete the following sentences with either an infinitive or a gerund:

1. My parents have been married for twenty years; however, my father continues …………………………..

2. For their honeymoon, my father proposed …………

3. While my parents were driving to the mountains on their honeymoon, they stopped ………………………

4. They had a nice drive, but when they arrived at the chalet, they discovered that they had forgotten ………………

5. Have your parents ever regretted …………………..?

6. Have they ever tried …………………….?

IV. Translate into English using Gerund or Infinitive constructions:

a) Nu-mi pot permite sa cumpar o masina atat de scumpa.

b) Nu te-am auzit niciodata plangandu-te ca ai mult de lucru!

c) Poate am sa reusesc sa-i contactez saptamana viitoare.

d) Nu sunt sigura daca aceasta carte merita sa fie citita.

e) Ei ne vor permite cu siguranta sa vizitam expozitia inainte de deschiderea ei oficiala..

f) Te-ar deranja sa ma astepti pana la ora 5

g) Sa nu uiti sa-l suni pe Mark si sa-i multumesti pentru cadou.

h) Nu am sa pierd toata ziua asteptand sosirea lor!

i) Politistul a oprit masina pentru a verifica actele.

j) La ce bun sa ai un ciocan daca nu ai cuie?

k) As prefera sa nu-i spui lui Jim despre noua mea slujba.

l) Te-am vazut traversand strada, dar nu te-am vazut urcand in autobuz.

m) Te sfatuiesc sa mai astepti putin inainte sa accepti aceasta slujba.

n) Jane se plange ca nu are pe nimeni cu care sa discute.

o) El a insistat sa ma ajute, desi ii tot spuneam ca ma descurc.

UNIT 11

JUDICIAL POWER IN THE UNITED STATES

Constitution of the United States of America

“We the people of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility¹, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, to ordain² and establish this Constitution for the United States of America.”

Article 111

Section 1 (1) The Judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, the Treaties made, or which shall be made, under their authority; - to all cases affecting Ambassadors, other public Ministers and Consuls; - to all cases of Admiralty and maritime Jurisdiction; - to controversies to which the United States shall be a party; - to controversies between two or more states; - between a State and Citizens of another State; - between Citizens of different States; - between Citizens of the same State claiming lands under Grants³ of different States, and between a State, or the Citizens thereof⁴, and Foreign States, Citizens or Subjects.

(2) In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a state shall be a Party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as law and fact, with such Exceptions, and under such Regulations as the Congress shall make.

(3) The Trial of all Crimes, except in cases of impeachment⁵, shall be by Jury; and such trial shall be held in the state where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by law have directed.

(…) section 3 (1) Treason against the United States, shall consist only in levying⁶ War against them, or in adhering to their Enemies, giving them Aid⁷ and Comfort. No person shall be convicted of Treason unless on the Testimony of two witnesses to the same over Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder⁸ of Treason shall work Corruption of Blood, or Forfeiture except during the life of the Person attained. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging⁹ the freedom of speech, or of the press.

No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment¹⁰ or indictment¹¹ of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia¹², when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived¹³ of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

1) tranquility = liniste, pace; calm

2) to ordain = a meni, a soroci, a predestina

3) grant = subventie, donatie; dar

4) thereof = de aici; din aceasta

5) impeachment = punere sub acuzare, acuzatie

6) to levy = a recruta, a inrola, a mobiliza; a percepe a strange (impozite)

7) aid = sprijin, support, ajutor

8) attainder = privare de drepturi civile si de proprietate (pentru o crima deosebit de grava)

9) to abridge = a scurta, a reduce, a limita

10) presentment = prezentare, infatisare

11) indictment = acuzare, punere sub acuzatie, trimitere in judecata, incriminare

12) Militia = rezervisti (in SUA); armata, oaste

13) to deprive = a priva, a lipsi

I. Find synonyms for the following words:

II. Fill in the blanks with the correct word:

1) The House of Commons consists of 650 Members of Parliament who each represents a ………………

a) state             b) house

b) county                                d) constituency

2) A Bill becomes on Act of Parliament when it has received the ……………… of both Houses of Parliament and the Sovereign.

a) enactment c) ratification

b) consent                              d) assent

3) The President of the House of Lords is called the …..

a) Speaker                               c) Prime Minister

b) Lord Chancellor d) peer

4) The met urgently at 10 Downing Street to decide Government policy on the new economic crisis.

a) civil service c) Cabinet

b) ministries                           d) Parliament

5) The three parts of the Parliament are the monarch, lords and .

a) people                                c) commons

b) government d) bishops

6) No .. can become law until it has been sanctioned or ”read” three times by both houses and received the royal assent.

a) bill     c) code

b) act     d) ratification

III. Match the English terms with their Romanian equivalents:

IV. Complete the following

1) If he is guilty, __________ ______ ____

2) There would have been a car accident if __________

3) He would be sent to prison if ___________________

4) If the criminal were caught, ____________________

5) He would have been granted bail if ______________

6) If the negotiations break down, _________________

7) The heat would be unbearable if ________________

8) If he had not damaged the man’s car so badly, _____

9) The trade unionists will refer the dispute to arbitration if __________________

10) If you had not made so many mistakes, __________

V. Give the nouns corresponding to the verbs below:

VI. Translate into English:

1) Conform dreptului European o societate ar trebui sa aleaga intre trei optiuni.

2) Pana in prezent, conducerea si muncitorii n-au putut sa se puna de acord asupra sistemului de adoptat.

3) Comisia europeana a trebuit sa modifice articolele cu privire la participarea muncitorilor.

4) Acest proiect de lege ar fi putut fi adoptat in 1970.

5) Este posibil ca multe intreprinderi sa aleaga dreptul european mai degraba decat propriul lor sistem juridic.

6) Crearea unei societati dupa normele dreptului European s-ar putea sa devina chiar obligatorie.

7) In consecinta, ar fi necesara o curte constituita din 19 judecatori.

8) Regatul Unit si-a modificat mult politica monetara in cursul ultimelor patru luni.

VII. Translate into Romanian:

The individual responsibility of ministers for the work of their departments means that they are answerable to parliament for all their departments’ activities. They bear the consequences of any failure in administration, any injustice to an individual or any aspect of policy which may be criticized in Parliament, whether personally responsible or not. Since most ministers are members of the House of Commons, they must answer questions and defend themselves against criticism in person. Departmental ministers in the House of Lords are represented in the Commons by someone qualified to speak on their behalf, usually a junior minister.

Departmental ministers normally decide all matters within their responsibility. A decision by a departmental minister binds the Government as a whole. On assuming office ministers must resign directorships in private and public companies, and must ensure that there is no conflict between their public duties and private interest.

VIII. Comment upon the following proverbs:

“He that will lie will steal”

“Laws catch flies but let hornets go free.”

IRREGULAR COMPARISON OF ADJECTIVES

The following adjectives have an irregular comparison.

Farther means “mai indepartat

Further means “suplimentar, aditional, in plus”, e. g. a further question means one more question.

Older means 1. “mai batran”, 2. “mai vechi”.

In referring to comparative ages in a family group, use elder, eldest, but attributively only.

Later means “mai tarziu

The latter means “(cel de) al doilea, acesta din urma”, e. g. Dan and Peter are brothers. The former (Dan) is a teacher, the latter (Peter) is a doctor.

The latest means “cel mai recent, cel mai nou”, e. g. This is his latest novel. (speaking of a living writer).

The last means “ultimul, final” e. g. Shakespeare’s last play was “The Tempest”.

I. Translate into Romanian:

1) He has made a step further in his researches. The latest news I’ve got is that he is drawing near to the end.

2) The manager did not find the report satisfactory; he asked for further information.

3) This street is the least noisy in the district.

4) Two boys entered the room, John and Bill. The former is my brother, the latter is my cousin.

5) It has been raining for two days; today the weather is even worse than yesterday.

6) In September the days are not so short than in December.

II. Translate into English

1) Casa mea este mai departe de facultate decat a ta.

2) Partea proasta este ca nu-l pot gasi nicaieri, nici acasa, nici la slujba.

3) Starea bolnavului a fost mai rea astazi decat ieri.

4) Dintre cei doi martori la accident, primul era un tanar, al doilea era un batran in jur de 75 de ani.

5) Elefantul este mult mai mare decat leul, dar mult mai putin salbatic.

6) Cele mai placute momente vin pe neasteptate.

7) Se socotea cel mai fericit om din lume cand s-a casatorit cu ea.

8) Strazile capitalei sunt mai largi decat cele din orasul nostru.

9) Care capitala europeana are cei mai multi locuitori?

10) N-am vazut niciodata un om mai grabit.

III. Put the adjectives in brackets into the correct form:

a) A personal loan is often a _________ (good) idea because the repayments are structured over a pre-arranged period.

b) Your homework is ________ (bad) than hers.

c) Your _______ (old) sister is my ______ (old) friend.

d) Yesterday’s weather was ________ (bad) than today’s.

e) These books are not _________ (expensive) as the other ones.

f) _______ (many) people who have a problem with cash flow phone the bank and ask for on overdraft.

g) This car is _____ (good) than mine.

h) Certain regions produce _______ (much) petroleum than they consume _______ (much) than they produce.

i) The farmer said that it was the _______ (fat) turkey he had.

j) This is one of the _______ (successful), _______ (cheap) and ________ (practical) products of the century.

k) “The more, the ______ (merry)” _____ says an English proverb.

l) This hotel manager was ________ (polite) we had ever met.

UNIT 12

LITIGATIONS AND ADJUSTMENT

Complaints¹ (UK) or claims (US) to purchases² may arise from a delay in delivery, lost goods, damaged goods or the delivery of wrong goods. Complaints in connection with purchases may also arise from the non-fulfilment of the clauses in the contract of sale (default³ in carrying out the clauses in the contract of sale) by the supplier or of those in the carriage contract by the carrier.

1. Whatever the cause of your claim you should first refer clearly to the type of the items concerned by referring to your own order number or to that of your supplier’s invoice⁴ and then state the nature of your complaint in detail.

2. You may point out what difficulty the mistake has caused to you. A reference to the reputation of the firm may help your complaint in being taken into consideration more sympathetically.

3. You should ask to have your complaint investigated and specify what action you want the supplier to take: you as buyer, are entitled to refuse any goods that are not in accordance with your order, except as the result of alterations⁵ made in agreement with your supplier.

4. You should not use warnings of cancellation or threats of legal action too liberally. Try to reach an amicable adjustment.

Replies to Complaints

On receiving a complaint, you, as vendor, should decide whether it is well-founded or not. Then you must write a reply to the complaint. If the complaint is well-founded, you will first admit the error and offer a sincere apology assuring your correspondents that you are taking measures to avoid the recurrence of such a mistake. If you feel that the complaint is unfounded you should carefully explain why his complaint cannot be accepted and endeavour to convince him that he is wrong.

Legal Problems

In small firms, matters such as legal action to be taken in the case of non-payment of debt, default in carrying out a contract or a dispute of any kind, are dealt with by the secretary on the instructions of, and after discussion with the directors. In larger firms, they are handled by the Accounts Department⁶, also after discussion with the directors, who will not act without the advice of the firm’s solicitors.

Non-fulfilment of Contract

The failure by one party to a contract to perform his part is called a breach of contract. Breach of contract may be by: renunciation, making performance impossible or merely failing to perform his part. The aggrieved⁷ party may either sue for damages or apply to the court for specific performance of contract.

Damages

Damages are the estimated reparation in money for injury sustained. The court awards nominal damages as an acknowledgement of a breach, even if no loss has been incurred, while for actual loss suffered it awards substantial damages. The party breaching a contract shall be under an obligation to take all required steps to mitigate⁸ the loss that has taken place, providing that he can do so without undue⁹ inconvenience or cost.

Penalties¹⁰

Penalties are round sums which are stated in the contract (penalty clause) and must be paid by any party breaching the contract, but they should not be an attempt to assess the possible damage.

Customarily, they may be stated in the contract by the way of compensation where it is difficult to estimate damages in advance.

Bribery

Bribery and kickbacks¹¹ have become common practice in former communist countries. The spread of democracy may itself create new incentives for corruption, given the need to fund political parties and election campaigns.

If Third World countries are often blamed for the spread of corruption, developed nations must take their share of the responsibility and blame, as the corruptors are also corporations fighting for contracts in military supplies, aircraft, civil works and communications.

Today, international bodies are beginning to take steps to curb corruption, and the World Bank has instituted rules that empower it to investigate corruption complaints and to blacklist¹² companies and governments guilty of large scale corruption.

1) complaint = plangere, reclamatie

2) purchase = achizitie, cumparare

3) default = neindeplinire a unei obligatii, a unui angajament; neplata

4) invoice = factura

5) alteration = modificare

6) Accounts Department = departamentul de inregistrari contabile

7) to aggrieve = a vatama a rani

8) to mitigate = a atenua, a micsora

9) undue = nepotrivit, exagerat

10) penalty = penalizare, dauna penalizatoare

11) kickback = mita, sprijin banesc

12) to blacklist = a trece pe lista neagra

I. Answer the following questions

a) What do you mean by complaints or claims to purchases?

b) What should one do when making a complaint?

c) What is a reply to a complaint?

d) What circumstances should legal action be taken in?

e) What is a breach of contract? What should the aggrieved party do?

f) What is the party breaching a contract to do?

g) What is a penalty? Where may a penalty be stated?

h) How do international bodies take steps to curb corruption?

II. Match the following terms with their definitions below:

1)     malpractice

2)     plea-bargaining

3)     to subpoena

4)     estoppel

5)     defalcation

6)     escrow

7)     due course of law

8)     case-law

a) course of proceedings that must comply with the law of the land and allow the defendant to benefit from all the legal procedures and protection aimed at providing a fair trial.

b) the entrusting of money, goods or a document to a third party pending fulfilment of some condition.

c) a legal system – such as the British or US ones – based on rules and principles acted on by judges in giving decisions in previous cases.

d) neglect of professional duty, unethical or illegal professional conduct.

e) changing one’s plea by agreeing to confess to a lesser crime against the promise that the sentence will be lighter than the one for the main crime one is initially prosecuted for, but without clear evidence.

f) a legal principle whereby one is prevented from alleging something he or she has previously denied or vice versa.

g) to order someone to appear in a law court, for instance to summon a witness to court. It is also used in the sense of demanding that documents should be presented or surrendered.

h) the improper appropriation of funds in one’s keeping but does not involve the notion of fraud.

III. Find the meaning of the following words and phrases; then make up sentences with each of them:

IV. Use the following translations of “a intenta un proces” in sentences of your own:

to take legal action

to file a lawsuit

to sue

to bring an action (against)

to go to law

to go to court

to undertake/to institute (legal) proceedings

to institute an action at law

to prefer a complaint/a charge/charges against someone

V. Translate into English:

1) El va intenta proces daca nu-si va incasa banii intr-o saptamana.

2) Veti fi surprinsi cand ii veti vedea pe martorii citati de aparare.

3) Va putea el sa obtina despagubire in cazul incalcarii contractului

4) Speram ca veti evita neplacerile si cheltuielile unei actiuni in justitie.

5) Conform actului de acuzare, ei au conspirat pentru prelungirea acreditivului fara garantie.

6) Nu exista nici o clauza (prevedere) pentru pagubele produse prin foc.

7) El a fost achitat din lipsa de probe.

8) El nu este recidivist si ar fi trebuit eliberat pe cautiune.

9) Partile vor incerca sa ajunga la o solutionare amiabila a tuturor dificultatilor care pot aparea din sau in legatura cu prezentul contract.

10) Dupa acest termen, vom inainta problema juristilor nostri.

VI. Translate into Romanian:

Class-action suits combine many people with the same complaint into a single legal action. A contingency- fee system awards the winning party’s lawyer a share of the damages collected, usually one-third. The Sherman Act provides for awards of three times actual damages.

”If my mother buys a local loaf of bread for 20 cents, and then finds out that all bakers in the country, including hers, have raised their prices to 22 cents, it’s tough to find an attorney to bring an action against the corner bakery for 2 cents But an attorney can put together a class-action suit on behalf of all buyers of bread, and then collect a contingency-fee based on treble damages.”

VII. Imagine you have to write a paper in order to inform a client that he has to pay you a sum of money. Write this paper for:

a) a person who can barely read

b) a corporation with a sophisticated board of directors

c) a lawyer

VIII. Comment on the proverbs:

“Everybody’s business is nobody’s business.”

“Few words to the wise suffice.”

EXPRESSING FUTURE

There are different ways of talking about “future events” in English and they have different meanings:

Predicting future events:

It will probably be difficult to evaluate the losses.

By next year our costs will have risen by 40%.

Making a promise:

I’ll give you the book as soon as I finish reading it.

Describing a plan or an arrangement:

She is leaving at noon tomorrow.

Mr. Smith will be driving into London next week.

Referring to timetables or schedules:

We start for Sinaia tomorrow. The train leaves at 8.30.

Saying what you intend to do:

I’m going to finish my work next week.

Referring to something that is going to happen very soon:

He is just about to phone at the office.

I. Underline the correct words:

a) We will have moved/will be moving to our new premises in July.

b) Tomorrow I’ll interview/I’ll be interviewing candidates all morning.

c) What time does your train/will your train leave?

d) We can’t send the goods until we’ve received/we will receive a firm order.

e) We shall be repaying/shall have repaid the bank loan by November.

f) I was going to write/was writing to them, but I forgot.

g) When the contract is/will be ready, I’ll let you know.

h) Will we/Shall we break for coffee now?

i) Sorry, I can’t speak now, I’ll just have/I’m just about to have a meeting.

j) Don’t forget to turn off the lights before you are leaving/ you leave.

II. Fill in the gaps with the correct form of the verbs in the brackets to express future:

1) Mr. Roberts is not at the office right now. I …………… (let) him know you called when he comes back.

2) They ………………….. (start) the meeting. If you do not come in 10 minutes you’ll probably miss it.

3) Please, don’t call after 12.30, Mrs. Johnson ……………….. (have) an interview then.

4) My plane for London ……………… (leave) at 7.30.

5) Prices ……….. (rise) if the exchange rate changes.

6) They ………………. (take on) temporary new staff for this project.

7) What …… you ……… (do) this time next Monday?

8) I …….. probably …… (finish) my paper tomorrow.

III. Choose the appropriate way to express future with the verbs given in brackets:

a) By this time tomorrow I _____ (travel) for ten hours.

b) Where you ______ (go) for your winter holidays?

c) Mary _______ (cook) dinner by the time her husband comes back home.

d) By seven o’clock he _____ (get) home for a half an hour.

e) She said she ______ (not, sing) at the next concert.

f) In a fortnight’s time we _____ (take) our exam.

g) Peter said he ______ (ski) in the mountains at that time on Sunday.

h) You ______ (listen) to this song this time tomorrow?

i) I _______ (finish) may work when you come back from New York

j) Boys _____ (be) boys!

IV. Translate the following into English, paying attention to the verb forms used to express future time:

1) Daca va intreba cineva de tine ii voi spune sa telefoneze mai tarziu,

2) Cand vei sosi, ne vei gasi lucrand la raport.

3) Vom astepta aici pana se intoarce Paul.

4) Cerul e intunecat. Ploaia va fi in toi cand vom fi gata de plecare.

5) Te vom astepta in fata teatrului cand se va termina piesa.

6) Anul viitor pe vremea aceasta ei vor locui intr-un apartament nou.

7) Profesorul va va explica din nou lectia daca ii veti cere acest lucru.

8) Ei au de gand sa-si cumpere o masina noua anul viitor.

9) Cand Robert va absolvi facultatea, va fi studiat aici cinci ani.

10) Peste o luna se vor implini zece ani de cand lucrez in aceasta fabrica.

IRREGULAR VERBS

Infinitive Past Tense Past Participle

1. to abide abode abode = a locui, a sta

2. to arise arose arisen = a se ridica, sui, aparea, a se ivi

3. to awake awoke/awaked awoke = a (se) trezi

4. to be was were been = a fi, a exista

5. to bear (to be born) bore/borne born = a purta, aduce,produce a da nastere

6. to beat                     beat beaten = a bate a lovi a invinge

7. to become became become = a deveni a ajunge

8. to begin                   began begun = a incepe

9. to bend                   bent bent =a (se) indoi

10. to bereave bereft/bereaved bereft /bereaved = a lipsi de, a priva de

11. to beseech besought besought = a cere cu insistenta a implora

12. to bid                      bid/bade bid/bidden = a ordona, porunci,oferi

13. to bind (to be bound) bound           bound = a uni, lega, a fi constrans

14. to bite                    bit bit /bitten = a musca, intepa

15. to bleed bled bled =a sangera, a lasa sa curga, a stoarce

16. to blow blew blown = a sufla a arde

17. to break broke broken = a sparge, a rupe,a sfarama

18. to breed bred bred = a creste, a educa, a naste, a regenera

19. to bring brought brought = a aduce, a produce 20. to build built built = a cladi, a construi, a fauri 21. to burn burnt /burned burnt /burned =a arde, a praji, a calcina, a ataca

22. to burst burst burst = a rupe a izbucni, a exploda.

23. to buy bought bought = a cumpara

24. to cast cast cast = a arunca, a turna, a (se) mula

25. to catch caught caught = a prinde, a capta, a (se) bloca.

26. to chide chid (chidden) chid = a mustra, a certa a se plange 27. to choose chose chosen = a alege, a selecta

28. to cleave cleft /clove cleft /cloven = a (se)despica, a scinda, a separa.

29. to cling clung clung = a se tine strans de

30. to come came come = a veni, a ajunge

31. to cost cost cost = a costa

32. to creep crept crept = a (se) tara, a aluneca.

33. to cut                     cut cut = a taia, a sectiona.

34. to dare dared /durst dared /durst = a indrazni

35. to deal (with) dealt dealt = a se ocupa (cu) trata, a repartiza

36. to dig  dug dug = a sapa, a excava.

37. to do did done = a face

38. to draw drew drawn = a desena, a schita, a atrage.

39. to dream dreamt/dreamed dreamt/dreamed =a visa, a-si inchipui.

40. to drink drank drunk = a bea.

41. to drive drove driven = a pune in miscare, a conduce.

42. to dwell dwelt dwelt = a locui, a ramane, a insista.

43. to eat ate eaten = a manca, a coroda.

44. to fall fell fallen = a cadea, a da la rebut

45. to feed fed fed = a alimenta, a hrani, a aprovizion

46. to feel                 felt felt = a (se) simti, a testa

47. to fight fought fought = a combate, a (se) lupta

48. to find                 found found = a gasi, a descoperi, a explora / constata

49. to flee fled fled = a fugi, a disparea, a se scurge, a evita

50. to fling flung flung = a lansa, a arunca, a izbucni, a se napusti

51. to fly flew flown = a zbura, a lansa, a se inalta, a se intinde

52. to forbid forbade forbidden = a interzice, a opri

53. to forget forgot forgotten = a uita

54. to forgive forgave forgiven = a ierta

55. to forsake forsook forsaken = a parasi

56. to freeze froze frozen =a ingheta, a congela a refrigera, a solidifica

57. to get                     got got = a obtine, a primi, a deveni, a ajunge

58. to give gave given = a da, a acorda, a transmite, a aviza, a preda.

59. to go   went gone = a merge, a functiona, a circula, a rula

60; to grow grew grown = a se mari / dezvolta. a creste, a deveni

61. to hang hung hung = a suspenda, a atarna, a aseza receptorul.

62. to have (to have to) had had = a avea, a poseda, a obtine, a trebui sa.

63. to hear heard heard = a auzi, a asculta, a audia

64. to hew hewed hewed/hewn = a ciopli, a taia,

65. to hide hid hidden = a ascunde

66. to hit hit hit = a lovi, a ciocni, a izbi, a da o lovitura

67. to hold held held = a tine,a retine, a bloca, a opri, a fixa. 68. to hurt hurt hurt = a rani, lovi, a avaria, a strica

69. to keep kept kept = a tine, a retine, a mentine a intretine

70. to kneel knelt knelt = a ingenunchia

71. to knit knit knit = a innoda, a impleti, a tricota, a imbina

72. to know knew known = a cunoaste, a sti

73. to lay laid laid = a pune, a aseza, a intinde

74. to lead                  led led = a conduce, a avansa a comanda,

75. to lean leant/leaned leant/leaned = a inclina, a apleca, a se sprijini

76. to leap leapt/leaped leapt/leaped = a sari, a salta 77. to leave left left = a parasi, a pleca, a ceda, a lasa in urma

78. to lend lent lent = a imprumuta, a acorda. a impartasi

79. to let let let = a lasa, a permite

80. to lie   lay lain = a consta din, a zace, a se afla, a fi

81. to lose lost lost = a pierde

82. to make made made = a face, a fabrica, a produce, a conecta

83. to mean meant meant = a vrea sa spuna, a se referi la, a intentiona.

84. to meet met met = a intalni, a intersecta, a satisface (cerinte)

85. to mow                 mowed mown = a cosi

86. to pay                    paid paid = a plati, a achita, a cinsti a onora

87. to put                     put put = a pune, a aseza

88. to read read read = a citi, a face lectura

89. to rend rent rent = a sparge, a rupe

90. to rid rid rid = a elibera, a debarasa

91. to ride rode ridden = a calari, a calatori

92. to ring rang rung = a suna, a telefona, a incercui

93. to rise rose risen = a (se) ridica/urca, a izvori, a rasari

94. to run                 ran run = a alerga, a curge, a rula, a conduce.

95. to saw                    sawed sawn = a taia cu ferastraul

96. to say said said = a spune, a afirma

97. to see                    saw seen = a vedea, a intelege, a consulta.

98. to seek sought sought = a cauta, a cerceta

99. to sell sold sold = a vinde

100. to send sent sent = a trimite, a emite

101. to set set set = a pune, a stabili, a monta, a regia, a ajusta.

102. to sew sewed sewn = a coase

103. to shake shook shaken = a bate, a scutura, a vibra

104. to shear sheared shorn = a taia, a margini, a tivi, a forfeca, a tunde

105. to shed shed shed = a arunca, a difuza, varsa,

106. to shine shone shone = a sclipi, a straluci

107. to shoe shod shod = a potcovi, a incalta

108. to shoot shot shot = a impusca, a filma

109. to show showed shown = a arata, a manifesta

110. to shrink shrank shrunk = a se contracta, a se strange, a intra la apa.

111. to shut shut shut = a include

112. to sing sang sung = a canta, a fluiera, a suiera

113. to sink sank sunk = a (se) scufunda

114. to sleep slept slept = a dormi

115. to slide slid slid = a aluneca, a glisa

116. to sling slung slung = a arunca, a lansa

117. to smell smelt smelt = a mirosi

118. to smite smote smitten = a izbi

119. to sow sowed sown = a planta, a semana

120. to speak spoke spoken = a vorbi, a enunta

121. to speed sped sped = a accelera, a grabi

122. to spell spelt spelt = a scrie litera cu litera, a silabisi

123. to spend spent spent = a cheltui, a consuma, a petrece, a intrebuinta

124. to spill spilt spilt = a virsa, a imprastia, a risipi, a turna,

125. to spin spun spun = a centrifuga, a toarce, a roti, a presa

126. to spit spat spat = a rosti, a scuipa

127. to split split split = a scinda, a despica, a frange, a desparti.

128. to spread spread spread = a intinde, desfasura, raspandi, acoperi.

129. to spring sprang sprung = a sari, a izvora, a se arcui, a se trage

130. to stand stood stood = a rezista, a sta (vertical), a suporta, a se ridica

131. to steal stole stolen = a fura, a se strecura

132. to stick stuck stuck = a (se) lipi, a se fixa

133. to sting stung stung = a intepa, a rani

134. to stink stank stunk = a mirosi urat

135. to strew strewed strewn = a asterne, a presara, a imprastia

136. to stride strode stridden = a pasi cu pasi mari

137. to strike struck struck-stricken = a lovi, a izbi, a atinge.

138. to string strung strung = a insira, a lega, a intinde, a incorda

139. to strive strove striven = a se stradui, a se lupta

140. to swear swore sworn = a jura

141. to sweep swept swept = a baleia, a explora, a strabate, a matura

142. to swell swelled swollen = a (se) umfla, a creste a (se) ridica

143. to swim swam swum = a inota, a pluti

144. to swing swung swung = a oscila/balansa, a pendula/legana

145. to take             took taken = a lua, a capta, a necesita

146. to teach taught taught = a preda, a invata pe cineva

147. to tear tore torn = a rupe, a smulge

148. to tell told told = a comunica, a relata, a spune

149. to think thought thought = a reflecta, a gandi, a crede, a socoti.

150. to thrive throve thriven = a prospera, a-i merge bine, a reusi

151. to throw threw thrown = a arunca, a deplasa a devia,

152. to thrust thrust thrust = a impinge, a infige a apasa

153. to tread trod trodden = a calca, a rula, a bate (un drum)

154. to understand understood understood = a intelege, a deduce  

155. to wake waked/woke waked/woken = a (se) trezi, a starni

156. to wear wore worn = a uza (prin frecare), a toci, a purta

157. to weave wove woven = a tese, a urzi

158. to weep wept wept = a curge/picura, a plange.

159. to win won won = a taia, a extrage, a recupera, a castiga

160. to wind wound wound = a invarti, a rasuci, a bobina

161. to wring wrung wrung = a stoarce, a rasuci, a smulge

162. to write wrote written = a scrie, a inregistra

163. to broadcast broadcast broadcast = a transmite, a difuza

164. to grind ground ground = a macina

165. to learn learnt learnt = a invata (ceva)

166. to light lit lit =a aprinde,a lumina

167. to shed shed shed = a varsa

168. to shave shaved shaven = a se barbieri, a tunde

169. to sit sat sat = a sta jos, a se aseza

170. to spoil spoilt spoilt = a strica, a alinta

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23. Thomson, J.A., Martinet, A.V., A Practical English Grammar,  Oxford University Press, Oxford, 1980;
24. Watchyn-Jones, Peter, Test your English Idioms, Penguin Group, 1990;
25. * * * Dictionary of Contemporary English, Longman, 1995;
26. * * * The New International Webster’s Comprehensive Dictionary of The English Language, Trident Press International, 1996.